<?xml version="1.0" encoding="UTF-8"?>
<FEDREG xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" xsi:noNamespaceSchemaLocation="FRMergedXML.xsd">
  <VOL>66</VOL>
  <NO>171</NO>
  <DATE>Tuesday, September 4, 2001</DATE>
  <UNITNAME>Contents</UNITNAME>
  <CNTNTS>
    <AGCY>
      <EAR>Agriculture</EAR>
      <PRTPAGE P="iii"/>
      <HD>Agriculture Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P> Animal and Plant Health Inspection Service</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P> Farm Service Agency</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P> Grain Inspection, Packers and Stockyards Administration</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Animal</EAR>
      <HD>Animal and Plant Health Inspection Service</HD>
      <CAT>
        <HD>RULES</HD>
        <SJ>Overtime services relating to imports and exports:</SJ>
        <SJDENT>
          <SJDOC>Commuted traveltime allowances, </SJDOC>
          <PGS>46211-46214</PGS>
          <FRDOCBP D="4" T="04SER1.sgm">01-22135</FRDOCBP>
        </SJDENT>
      </CAT>
      <CAT>
        <HD>PROPOSED RULES</HD>
        <SJ>Exportation and importation of animals and animal products:</SJ>
        <SUBSJ>Foot-and-mouth disease; disease status change—</SUBSJ>
        <SSJDENT>
          <SUBSJDOC>Japan, </SUBSJDOC>
          <PGS>46228-46230</PGS>
          <FRDOCBP D="3" T="04SEP1.sgm">01-22134</FRDOCBP>
        </SSJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Army</EAR>
      <HD>Army Department</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Privacy Act:</SJ>
        <SJDENT>
          <SJDOC>Systems of records, </SJDOC>
          <PGS>46266-46267</PGS>
          <FRDOCBP D="2" T="04SEN1.sgm">01-22111</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Arts</EAR>
      <HD>Arts and Humanities, National Foundation</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P> National Foundation on the Arts and the Humanities</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Broadcasting</EAR>
      <HD>Broadcasting Board of Governors</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Meetings; Sunshine Act, </DOC>
          <PGS>46256</PGS>
          <FRDOCBP D="1" T="04SEN1.sgm">01-22270</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Centers</EAR>
      <HD>Centers for Disease Control and Prevention</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Vessel sanitation program:</SJ>
        <SJDENT>
          <SJDOC>Cruise ship sanitation inspections; fees, </SJDOC>
          <PGS>46283</PGS>
          <FRDOCBP D="1" T="04SEN1.sgm">01-22107</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Centers</EAR>
      <HD>Centers for Medicare &amp; Medicaid Services</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency information collection activities:</SJ>
        <SJDENT>
          <SJDOC>Submission for OMB review; comment request, </SJDOC>
          <PGS>46283-46284</PGS>
          <FRDOCBP D="2" T="04SEN1.sgm">01-22195</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Children</EAR>
      <HD>Children and Families Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency information collection activities:</SJ>
        <SJDENT>
          <SJDOC>Submission for OMB review; comment request, </SJDOC>
          <PGS>46284-46285</PGS>
          <FRDOCBP D="2" T="04SEN1.sgm">01-22124</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Coast Guard</EAR>
      <HD>Coast Guard</HD>
      <CAT>
        <HD>RULES</HD>
        <SJ>Ports and waterways safety:</SJ>
        <SJDENT>
          <SJDOC>Algoma Harbor, WI; safety zone, </SJDOC>
          <PGS>46218-46220</PGS>
          <FRDOCBP D="3" T="04SER1.sgm">01-22082</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Commerce</EAR>
      <HD>Commerce Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P> Export Administration Bureau</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P> International Trade Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P> National Oceanic and Atmospheric Administration</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>CITA</EAR>
      <HD>Committee for the Implementation of Textile Agreements</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Cotton, wool, and man-made textiles:</SJ>
        <SJDENT>
          <SJDOC>Qatar, </SJDOC>
          <PGS>46264</PGS>
          <FRDOCBP D="1" T="04SEN1.sgm">01-22119</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Romania, </SJDOC>
          <PGS>46264-46265</PGS>
          <FRDOCBP D="2" T="04SEN1.sgm">01-22158</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Taiwan, </SJDOC>
          <PGS>46265-46266</PGS>
          <FRDOCBP D="2" T="04SEN1.sgm">01-22120</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Copyright</EAR>
      <HD>Copyright Office, Library of Congress</HD>
      <CAT>
        <HD>PROPOSED RULES</HD>
        <SJ>Copyright arbitration royalty panel rules and procedures:</SJ>
        <SJDENT>
          <SJDOC>Digital performance of sound recordings; reasonable rates and terms determination, </SJDOC>
          <PGS>46250</PGS>
          <FRDOCBP D="1" T="04SEP1.sgm">01-22150</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Customs</EAR>
      <HD>Customs Service</HD>
      <CAT>
        <HD>RULES</HD>
        <SJ>Personal declarations and exemptions:</SJ>
        <SJDENT>
          <SJDOC>Tariff Suspension and Trade Act; flat rate of duty on articles imported for personal or household use or as bona fide gifts, </SJDOC>
          <PGS>46217-46218</PGS>
          <FRDOCBP D="2" T="04SER1.sgm">01-22112</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Defense</EAR>
      <HD>Defense Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P> Army Department</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Education</EAR>
      <HD>Education Department</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Grantback arrangements; award of funds:</SJ>
        <SJDENT>
          <SJDOC>Maine, </SJDOC>
          <PGS>46267-46268</PGS>
          <FRDOCBP D="2" T="04SEN1.sgm">01-22189</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Energy</EAR>
      <HD>Energy Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P> Federal Energy Regulatory Commission</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>EPA</EAR>
      <HD>Environmental Protection Agency</HD>
      <CAT>
        <HD>RULES</HD>
        <SJ>Air quality implementation plans; approval and promulgation; various States:</SJ>
        <SJDENT>
          <SJDOC>Texas, </SJDOC>
          <PGS>46220</PGS>
          <FRDOCBP D="1" T="04SER1.sgm">01-22133</FRDOCBP>
        </SJDENT>
        <SJ>Water supply:</SJ>
        <SUBSJ>National primary drinking water regulations—</SUBSJ>
        <SSJDENT>
          <SUBSJDOC>Unregulated contaminant monitoring, </SUBSJDOC>
          <PGS>46221-46225</PGS>
          <FRDOCBP D="5" T="04SER1.sgm">01-22114</FRDOCBP>
        </SSJDENT>
      </CAT>
      <CAT>
        <HD>PROPOSED RULES</HD>
        <SJ>Water supply:</SJ>
        <SUBSJ>National primary drinking water regulations—</SUBSJ>
        <SSJDENT>
          <SUBSJDOC>Unregulated contaminant monitoring, </SUBSJDOC>
          <PGS>46251</PGS>
          <FRDOCBP D="1" T="04SEP1.sgm">01-22115</FRDOCBP>
        </SSJDENT>
      </CAT>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Grants and cooperative agreements; availability, etc.:</SJ>
        <SJDENT>
          <SJDOC>Community-Based In-Home Asthma Environmental Education and Management, </SJDOC>
          <PGS>46273-46276</PGS>
          <FRDOCBP D="4" T="04SEN1.sgm">01-22126</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Export</EAR>
      <HD>Export Administration Bureau</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Materials Technical Advisory Committee, </SJDOC>
          <PGS>46256</PGS>
          <FRDOCBP D="1" T="04SEN1.sgm">01-22215</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Transportation and Related Equipment Technical Advisory Committee, </SJDOC>
          <PGS>46256-46257</PGS>
          <FRDOCBP D="2" T="04SEN1.sgm">01-22216</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Farm</EAR>
      <HD>Farm Service Agency</HD>
      <CAT>
        <HD>PROPOSED RULES</HD>
        <DOCENT>
          <DOC>United States Warehouse Act; implementation, </DOC>
          <PGS>46309-46343</PGS>
          <FRDOCBP D="35" T="04SEP2.sgm">01-21852</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>FAA</EAR>
      <HD>Federal Aviation Administration</HD>
      <CAT>
        <HD>RULES</HD>
        <SJ>Airworthiness directives:</SJ>
        <SJDENT>
          <SJDOC>Goodyear Tire &amp; Rubber Co., </SJDOC>
          <PGS>46214-46216</PGS>
          <FRDOCBP D="3" T="04SER1.sgm">01-22083</FRDOCBP>
        </SJDENT>
        <DOCENT>
          <DOC>Class E airspace, </DOC>
          <PGS>46216-46217</PGS>
          <FRDOCBP D="2" T="04SER1.sgm">01-22154</FRDOCBP>
        </DOCENT>
      </CAT>
      <CAT>
        <HD>PROPOSED RULES</HD>
        <SJ>Air carrier certification and operations:</SJ>
        <SJDENT>
          <SJDOC>Airports serving scheduled air carrier operations in aircraft with 10-30 seats; certification requirements; correction, </SJDOC>
          <PGS>46308</PGS>
          <FRDOCBP D="1" T="04SECX.sgm">C1-20518</FRDOCBP>
        </SJDENT>
        <PRTPAGE P="iv"/>
        <SJ>Airworthiness directives:</SJ>
        <SJDENT>
          <SJDOC>Airbus, </SJDOC>
          <PGS>46243-46247</PGS>
          <FRDOCBP D="4" T="04SEP1.sgm">01-22090</FRDOCBP>
          <FRDOCBP D="2" T="04SEP1.sgm">01-22091</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Boeing, </SJDOC>
          <PGS>46241-46243, 46247-46250</PGS>
          <FRDOCBP D="3" T="04SEP1.sgm">01-22089</FRDOCBP>
          <FRDOCBP D="4" T="04SEP1.sgm">01-22092</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Bombardier, </SJDOC>
          <PGS>46239-46240</PGS>
          <FRDOCBP D="2" T="04SEP1.sgm">01-22088</FRDOCBP>
        </SJDENT>
      </CAT>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Airport noise compatibility program:</SJ>
        <SJDENT>
          <SJDOC>Colorado Springs Airport, CO, </SJDOC>
          <PGS>46303-46304</PGS>
          <FRDOCBP D="2" T="04SEN1.sgm">01-22155</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>FCC</EAR>
      <HD>Federal Communications Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency information collection activities:</SJ>
        <SJDENT>
          <SJDOC>Proposed collection; comment request, </SJDOC>
          <PGS>46276-46277</PGS>
          <FRDOCBP D="2" T="04SEN1.sgm">01-22080</FRDOCBP>
          <FRDOCBP D="1" T="04SEN1.sgm">01-22081</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Emergency</EAR>
      <HD>Federal Emergency Management Agency</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency information collection activities:</SJ>
        <SJDENT>
          <SJDOC>Proposed collection; comment request, </SJDOC>
          <PGS>46277-46278</PGS>
          <FRDOCBP D="2" T="04SEN1.sgm">01-22100</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Submission for OMB review; comment request, </SJDOC>
          <PGS>46278-46280</PGS>
          <FRDOCBP D="2" T="04SEN1.sgm">01-22101</FRDOCBP>
          <FRDOCBP D="1" T="04SEN1.sgm">01-22102</FRDOCBP>
          <FRDOCBP D="2" T="04SEN1.sgm">01-22103</FRDOCBP>
          <FRDOCBP D="1" T="04SEN1.sgm">01-22104</FRDOCBP>
        </SJDENT>
        <SJ>Disaster and emergency areas:</SJ>
        <SJDENT>
          <SJDOC>North Dakota, </SJDOC>
          <PGS>46280</PGS>
          <FRDOCBP D="1" T="04SEN1.sgm">01-22105</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Virginia, </SJDOC>
          <PGS>46280-46281</PGS>
          <FRDOCBP D="2" T="04SEN1.sgm">01-22106</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Energy</EAR>
      <HD>Federal Energy Regulatory Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Electric rate and corporate regulation filings:</SJ>
        <SJDENT>
          <SJDOC>Pacific Gas &amp; Electric Co. et al., </SJDOC>
          <PGS>46272-46273</PGS>
          <FRDOCBP D="2" T="04SEN1.sgm">01-22093</FRDOCBP>
        </SJDENT>
        <SJ>
          <E T="03">Applications, hearings, determinations, etc.:</E>
        </SJ>
        <SJDENT>
          <SJDOC>Dominion Transmission, Inc., </SJDOC>
          <PGS>46269</PGS>
          <FRDOCBP D="1" T="04SEN1.sgm">01-22095</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Dominion Transmission, Inc.; correction, </SJDOC>
          <PGS>46307</PGS>
          <FRDOCBP D="1" T="04SECX.sgm">C1-20341</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>El Dorado Irrigation District, </SJDOC>
          <PGS>46269-46270</PGS>
          <FRDOCBP D="2" T="04SEN1.sgm">01-22098</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>El Paso Natural Gas Co., </SJDOC>
          <PGS>46270-46271</PGS>
          <FRDOCBP D="2" T="04SEN1.sgm">01-22094</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Great Lakes Gas Transport, LLC, </SJDOC>
          <PGS>46271-46272</PGS>
          <FRDOCBP D="2" T="04SEN1.sgm">01-22096</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Midwest Generation, LLC, </SJDOC>
          <PGS>46272</PGS>
          <FRDOCBP D="1" T="04SEN1.sgm">01-22097</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Reserve</EAR>
      <HD>Federal Reserve System</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Banks and bank holding companies:</SJ>
        <SJDENT>
          <SJDOC>Change in bank control, </SJDOC>
          <PGS>46281</PGS>
          <FRDOCBP D="1" T="04SEN1.sgm">01-22079</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Formations, acquisitions, and mergers, </SJDOC>
          <PGS>46281</PGS>
          <FRDOCBP D="1" T="04SEN1.sgm">01-22077</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Permissible nonbanking activities, </SJDOC>
          <PGS>46282</PGS>
          <FRDOCBP D="1" T="04SEN1.sgm">01-22078</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Fish</EAR>
      <HD>Fish and Wildlife Service</HD>
      <CAT>
        <HD>RULES</HD>
        <SJ>National Wildlife Refuge System:</SJ>
        <SUBSJ>Hunting and fishing—</SUBSJ>
        <SSJDENT>
          <SUBSJDOC>Refuge-specific regulations, </SUBSJDOC>
          <PGS>46345-46363</PGS>
          <FRDOCBP D="19" T="04SER2.sgm">01-22035</FRDOCBP>
        </SSJDENT>
      </CAT>
      <CAT>
        <HD>PROPOSED RULES</HD>
        <SJ>Endangered and threatened species:</SJ>
        <SUBSJ>Critical habitat designations—</SUBSJ>
        <SSJDENT>
          <SUBSJDOC>San Bernardino kangaroo rat, </SUBSJDOC>
          <PGS>46251-46253</PGS>
          <FRDOCBP D="3" T="04SEP1.sgm">01-21405</FRDOCBP>
        </SSJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>GSA</EAR>
      <HD>General Services Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency information collection activities:</SJ>
        <SJDENT>
          <SJDOC>Submission for OMB review; comment request; correction, </SJDOC>
          <PGS>46307</PGS>
          <FRDOCBP D="1" T="04SECX.sgm">C1-19516</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Government</EAR>
      <HD>Government Printing Office</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Depository Library Council, </SJDOC>
          <PGS>46282</PGS>
          <FRDOCBP D="1" T="04SEN1.sgm">01-22099</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>GIPSA</EAR>
      <HD>Grain Inspection, Packers and Stockyards Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency designation actions:</SJ>
        <SJDENT>
          <SJDOC>Various States, </SJDOC>
          <FRDOCBP D="1" T="04SEN1.sgm">01-21930</FRDOCBP>
          <PGS>46254-46256</PGS>
          <FRDOCBP D="3" T="04SEN1.sgm">01-21931</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Health</EAR>
      <HD>Health and Human Services Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P> Centers for Disease Control and Prevention</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P> Centers for Medicare &amp; Medicaid Services</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P> Children and Families Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P> National Institutes of Health</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P> Substance Abuse and Mental Health Services Administration</P>
      </SEE>
      <CAT>
        <HD>RULES</HD>
        <SJ>Grants:</SJ>
        <SJDENT>
          <SJDOC>Substance Abuse Prevention and Treatment Block Grant applicants; tobacco regulation and maintenance of effort reporting requirements, </SJDOC>
          <PGS>46225-46227</PGS>
          <FRDOCBP D="3" T="04SER1.sgm">01-22129</FRDOCBP>
        </SJDENT>
      </CAT>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Committees; establishment, renewal, termination, etc.:</SJ>
        <SJDENT>
          <SJDOC>Secretary's Advisory Committee on Regulatory Reform, </SJDOC>
          <PGS>46282-46283</PGS>
          <FRDOCBP D="2" T="04SEN1.sgm">01-22214</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Immigration</EAR>
      <HD>Immigration and Naturalization Service</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Temporary protected status program designations:</SJ>
        <SJDENT>
          <SJDOC>Somalia, </SJDOC>
          <PGS>46288-46290</PGS>
          <FRDOCBP D="3" T="04SEN1.sgm">01-22152</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Indian</EAR>
      <HD>Indian Affairs Bureau</HD>
      <CAT>
        <HD>RULES</HD>
        <SJ>Financial activities:</SJ>
        <SUBSJ>Loan guaranty, insurance, and interest subsidy; revision</SUBSJ>
        <SSJDENT>
          <SUBSJDOC>Correction, </SUBSJDOC>
          <PGS>46307</PGS>
          <FRDOCBP D="1" T="04SECX.sgm">C1-1249</FRDOCBP>
        </SSJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Interior</EAR>
      <HD>Interior Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P> Fish and Wildlife Service</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P> Indian Affairs Bureau</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>International</EAR>
      <HD>International Trade Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Antidumping:</SJ>
        <SUBSJ>Cut-to-length carbon steel plate from—</SUBSJ>
        <SSJDENT>
          <SUBSJDOC>Canada, </SUBSJDOC>
          <PGS>46258-46260</PGS>
          <FRDOCBP D="3" T="04SEN1.sgm">01-22147</FRDOCBP>
        </SSJDENT>
        <SUBSJ>Polyester staple fiber from—</SUBSJ>
        <SSJDENT>
          <SUBSJDOC>Korea, </SUBSJDOC>
          <PGS>46260</PGS>
          <FRDOCBP D="1" T="04SEN1.sgm">01-22146</FRDOCBP>
        </SSJDENT>
        <SJ>Antidumping and countervailing duties:</SJ>
        <SJDENT>
          <SJDOC>Administrative review requests, </SJDOC>
          <PGS>46257-46258</PGS>
          <FRDOCBP D="2" T="04SEN1.sgm">01-22145</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Justice</EAR>
      <HD>Justice Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P> Immigration and Naturalization Service</P>
      </SEE>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Pollution control; consent judgments:</SJ>
        <SJDENT>
          <SJDOC>Tesoro Hawaii Corp., </SJDOC>
          <PGS>46287</PGS>
          <FRDOCBP D="1" T="04SEN1.sgm">01-22118</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Labor</EAR>
      <HD>Labor Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P> Occupational Safety and Health Administration</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Library</EAR>
      <HD>Library of Congress</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P> Copyright Office, Library of Congress</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>National Credit</EAR>
      <HD>National Credit Union Administration</HD>
      <CAT>
        <HD>RULES</HD>
        <SJ>Credit unions:</SJ>
        <SUBSJ>Records preservation program</SUBSJ>
        <SSJDENT>
          <SUBSJDOC>Correction, </SUBSJDOC>
          <PGS>46307</PGS>
          <FRDOCBP D="1" T="04SECX.sgm">C1-19104</FRDOCBP>
        </SSJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>National Foundation</EAR>
      <HD>National Foundation on the Arts and the Humanities</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Humanities Panel, </SJDOC>
          <PGS>46292</PGS>
          <FRDOCBP D="1" T="04SEN1.sgm">01-22143</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>National Highway</EAR>
      <HD>National Highway Traffic Safety Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency information collection activities:</SJ>
        <SJDENT>
          <SJDOC>Submission for OMB review; comment request, </SJDOC>
          <PGS>46304-46305</PGS>
          <FRDOCBP D="2" T="04SEN1.sgm">01-22156</FRDOCBP>
        </SJDENT>
        <PRTPAGE P="v"/>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Consumer Braking Initiative; New Car Assessment Program; workshop, </SJDOC>
          <PGS>46305-46306</PGS>
          <FRDOCBP D="2" T="04SEN1.sgm">01-22113</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>NIH</EAR>
      <HD>National Institutes of Health</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Committees; establishment, renewal, termination, etc.:</SJ>
        <SUBSJ>National Toxicology Program—</SUBSJ>
        <SSJDENT>
          <SUBSJDOC>1-bromopropane, etc.; Expert Panel; correction, </SUBSJDOC>
          <PGS>46307</PGS>
          <FRDOCBP D="1" T="04SECX.sgm">C1-20190</FRDOCBP>
        </SSJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>NOAA</EAR>
      <HD>National Oceanic and Atmospheric Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Grants and cooperative agreements; availability, etc.:</SJ>
        <SJDENT>
          <SJDOC>Ocean Exploration Initiative, </SJDOC>
          <PGS>46260-46264</PGS>
          <FRDOCBP D="5" T="04SEN1.sgm">01-22142</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>National Science</EAR>
      <HD>National Science Foundation</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency information collection activities:</SJ>
        <SJDENT>
          <SJDOC>Proposed collection; comment request, </SJDOC>
          <PGS>46292-46293</PGS>
          <FRDOCBP D="2" T="04SEN1.sgm">01-22148</FRDOCBP>
        </SJDENT>
        <DOCENT>
          <DOC>Antarctic Conservation Act of 1978; permit applications, etc., </DOC>
          <PGS>46293</PGS>
          <FRDOCBP D="1" T="04SEN1.sgm">01-22149</FRDOCBP>
        </DOCENT>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Cyberinfrastructure Advisory Committee, </SJDOC>
          <PGS>46293</PGS>
          <FRDOCBP D="1" T="04SEN1.sgm">01-22153</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Nuclear</EAR>
      <HD>Nuclear Regulatory Commission</HD>
      <CAT>
        <HD>PROPOSED RULES</HD>
        <SJ>Production and utilization facilities; domestic licensing:</SJ>
        <SJDENT>
          <SJDOC>Power reactor site or facility; partial release for unrestricted use before NRC approval of license termination plan, </SJDOC>
          <PGS>46230-46239</PGS>
          <FRDOCBP D="10" T="04SEP1.sgm">01-22139</FRDOCBP>
        </SJDENT>
      </CAT>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Environmental statements; availability, etc.:</SJ>
        <SJDENT>
          <SJDOC>Virginia Electric &amp; Power Co., </SJDOC>
          <PGS>46294-46295</PGS>
          <FRDOCBP D="2" T="04SEN1.sgm">01-22136</FRDOCBP>
        </SJDENT>
        <SJ>Export and import license applications for nuclear facilities and materials:</SJ>
        <SJDENT>
          <SJDOC>Transnuclear, Inc., </SJDOC>
          <PGS>46295-46296</PGS>
          <FRDOCBP D="2" T="04SEN1.sgm">01-22140</FRDOCBP>
        </SJDENT>
        <DOCENT>
          <DOC>Meetings; Sunshine Act, </DOC>
          <PGS>46296</PGS>
          <FRDOCBP D="1" T="04SEN1.sgm">01-22242</FRDOCBP>
        </DOCENT>
        <SJ>
          <E T="03">Applications, hearings, determinations, etc.:</E>
        </SJ>
        <SJDENT>
          <SJDOC>Consolidated Edison Co. of New York, Inc., et al., </SJDOC>
          <PGS>46293-46294</PGS>
          <FRDOCBP D="2" T="04SEN1.sgm">01-22138</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Occupational</EAR>
      <HD>Occupational Safety and Health Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency information collection activities:</SJ>
        <SJDENT>
          <SJDOC>Proposed collection; comment request, </SJDOC>
          <PGS>46291-46292</PGS>
          <FRDOCBP D="2" T="04SEN1.sgm">01-22141</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Presidio</EAR>
      <HD>Presidio Trust</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Environmental statements; availability, etc.:</SJ>
        <SUBSJ>Presidio Trust Implementation Plan—</SUBSJ>
        <SSJDENT>
          <SUBSJDOC>Comment request, </SUBSJDOC>
          <PGS>46296</PGS>
          <FRDOCBP D="1" T="04SEN1.sgm">01-22109</FRDOCBP>
        </SSJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Public</EAR>
      <HD>Public Health Service</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P> Centers for Disease Control and Prevention</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P> National Institutes of Health</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P> Substance Abuse and Mental Health Services Administration</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>SEC</EAR>
      <HD>Securities and Exchange Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Investment Company Act of 1940:</SJ>
        <SUBSJ>Exemption applications—</SUBSJ>
        <SSJDENT>
          <SUBSJDOC>Capital Guardian Trust Co. et al.; correction, </SUBSJDOC>
          <PGS>46307</PGS>
          <FRDOCBP D="1" T="04SECX.sgm">C1-20233</FRDOCBP>
        </SSJDENT>
        <SSJDENT>
          <SUBSJDOC>Toronto-Dominion Bank, </SUBSJDOC>
          <PGS>46296-46301</PGS>
          <FRDOCBP D="6" T="04SEN1.sgm">01-22122</FRDOCBP>
        </SSJDENT>
        <DOCENT>
          <DOC>Meetings; Sunshine Act, </DOC>
          <PGS>46301</PGS>
          <FRDOCBP D="1" T="04SEN1.sgm">01-22213</FRDOCBP>
        </DOCENT>
        <SJ>Self-regulatory organizations; proposed rule changes:</SJ>
        <SJDENT>
          <SJDOC>American Stock Exchange LLC, </SJDOC>
          <PGS>46301-46302</PGS>
          <FRDOCBP D="2" T="04SEN1.sgm">01-22123</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>American Stock Exchange LLC; correction, </SJDOC>
          <PGS>46307</PGS>
          <FRDOCBP D="1" T="04SECX.sgm">C1-19583</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Philadelphia Stock Exchange, Inc.; correction, </SJDOC>
          <PGS>46308</PGS>
          <FRDOCBP D="1" T="04SECX.sgm">C1-20767</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>SBA</EAR>
      <HD>Small Business Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Disaster loan areas:</SJ>
        <SJDENT>
          <SJDOC>Tennessee, </SJDOC>
          <PGS>46302-46303</PGS>
          <FRDOCBP D="2" T="04SEN1.sgm">01-22144</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>State</EAR>
      <HD>State Department</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Public Diplomacy, U.S. Advisory Commission, </SJDOC>
          <PGS>46303</PGS>
          <FRDOCBP D="1" T="04SEN1.sgm">01-22121</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Substance</EAR>
      <HD>Substance Abuse and Mental Health Services Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency information collection activities:</SJ>
        <SJDENT>
          <SJDOC>Submission for OMB review; comment request, </SJDOC>
          <PGS>46285</PGS>
          <FRDOCBP D="1" T="04SEN1.sgm">01-22108</FRDOCBP>
        </SJDENT>
        <DOCENT>
          <DOC>Federal agency urine drug testing; certified laboratories meeting minimum standards, list, </DOC>
          <PGS>46285-46287</PGS>
          <FRDOCBP D="3" T="04SEN1.sgm">01-21892</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Surface</EAR>
      <HD>Surface Transportation Board</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency information collection activities:</SJ>
        <SJDENT>
          <SJDOC>Submission for OMB review; comment request, </SJDOC>
          <PGS>46306</PGS>
          <FRDOCBP D="1" T="04SEN1.sgm">01-22117</FRDOCBP>
        </SJDENT>
        <SJ>Railroad operation, acquisition, construction, etc.:</SJ>
        <SJDENT>
          <SJDOC>Total Quality Warehouse, </SJDOC>
          <PGS>46306</PGS>
          <FRDOCBP D="1" T="04SEN1.sgm">01-22116</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Textile</EAR>
      <HD>Textile Agreements Implementation Committee</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P> Committee for the Implementation of Textile Agreements</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Transportation</EAR>
      <HD>Transportation Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P> Coast Guard</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P> Federal Aviation Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P> National Highway Traffic Safety Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P> Surface Transportation Board</P>
      </SEE>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency information collection activities:</SJ>
        <SJDENT>
          <SJDOC>Submission for OMB review; comment request, </SJDOC>
          <PGS>46303</PGS>
          <FRDOCBP D="1" T="04SEN1.sgm">01-22157</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Treasury</EAR>
      <HD>Treasury Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P> Customs Service</P>
      </SEE>
    </AGCY>
    <PTS>
      <HD SOURCE="HED">Separate Parts In This Issue</HD>
      <HD>Part II</HD>
      <DOCENT>
        <DOC>Department of Agriculture, Farm Service Agency, </DOC>
        <PGS>46309-46343</PGS>
        <FRDOCBP D="35" T="04SEP2.sgm">01-21852</FRDOCBP>
      </DOCENT>
      <HD>Part III</HD>
      <DOCENT>
        <DOC>Department of the Interior, Fish and Wildlife Service, </DOC>
        <PGS>46345-46363</PGS>
        <FRDOCBP D="19" T="04SER2.sgm">01-22035</FRDOCBP>
      </DOCENT>
    </PTS>
    <AIDS>
      <HD SOURCE="HED">Reader Aids</HD>
      <P>Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.</P>
    </AIDS>
  </CNTNTS>
  <VOL>66</VOL>
  <NO>171</NO>
  <DATE>Tuesday, September 4, 2001</DATE>
  <UNITNAME>Rules and Regulations</UNITNAME>
  <RULES>
    <RULE>
      <PREAMB>
        <PRTPAGE P="46211"/>
        <AGENCY TYPE="F">DEPARTMENT OF AGRICULTURE</AGENCY>
        <SUBAGY>Animal and Plant Health Inspection Service</SUBAGY>
        <CFR>7 CFR Part 354</CFR>
        <DEPDOC>[Docket No. 00-017-1]</DEPDOC>
        <SUBJECT>Commuted Traveltime Periods: Overtime Services Relating to Imports and Exports</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Animal and Plant Health Inspection Service, USDA.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>We are amending the regulations concerning overtime services provided by employees of Plant Protection and Quarantine by removing and adding commuted traveltime allowances for travel between various locations in California, New York, and Wisconsin. Commuted traveltime allowances are the periods of time required for Plant Protection and Quarantine employees to travel from their dispatch points and return there from the places where they perform Sunday, holiday, or other overtime duty. The Government charges a fee for certain overtime services provided by Plant Protection and Quarantine employees and, under certain circumstances, the fee may include the cost of commuted traveltime. This action is necessary to inform the public of commuted traveltime for these locations.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">EFFECTIVE DATE:</HD>
          <P>September 4, 2001.</P>
        </EFFDATE>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Mr. Jim Smith, Senior Operations Officer, Port Operations, PPQ, APHIS, 4700 River Road Unit 60, Riverdale, MD 20737-1236; (301) 734-8415.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Background</HD>
        <P>The regulations in 7 CFR, chapter III, and 9 CFR, chapter I, subchapter D, require inspection, laboratory testing, certification, or quarantine of certain plants, plant products, animals, animal products, or other commodities intended for importation into, or exportation from, the United States.</P>
        <P>When these services must be provided by an employee of Plant Protection and Quarantine (PPQ) on a Sunday or holiday, or at any other time outside the PPQ employee's regular duty hours, the Government charges a fee for the services in accordance with 7 CFR part 354. Under circumstances described in § 354.1(a)(2), this fee may include the cost of commuted traveltime. Section 354.2 contains administrative instructions prescribing commuted traveltime allowances, which reflect, as nearly as practicable, the periods of time required for PPQ employees to travel from their dispatch points and return there from the places where they perform Sunday, holiday, or other overtime duties.</P>
        <P>We are amending § 354.2 of the regulations by removing and adding commuted traveltime allowances for travel between various locations in California, New York, and Wisconsin. The amendments are set forth in the rule portion of this document. This action is necessary to inform the public of the commuted traveltime between the dispatch and service locations.</P>
        <HD SOURCE="HD1">Effective Date</HD>
        <P>The commuted traveltime allowances appropriate for employees performing services at ports of entry, and the features of the reimbursement plan for recovering the cost of furnishing port of entry services, depend upon facts within the knowledge of the Department of Agriculture. It does not appear that public participation in this rulemaking proceeding would make additional relevant information available to the Department.</P>

        <P>Accordingly, pursuant to the administrative provisions in 5 U.S.C. 553, we find upon good cause that prior notice and other public procedures with respect to this rule are impracticable and unnecessary; we also find good cause for making this rule effective less than 30 days after publication of this document in the <E T="04">Federal Register</E>.</P>
        <HD SOURCE="HD1">Executive Order 12866 and Regulatory Flexibility Act</HD>
        <P>This final rule has been reviewed under Executive Order 12866. For this action, the Office of Management and Budget has waived its review process required by Executive Order 12866.</P>
        <P>The number of requests for overtime services of a PPQ employee at the locations affected by our rule represents an insignificant portion of the total number of requests for these services in the United States.</P>
        <P>Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities.</P>
        <HD SOURCE="HD1">Executive Order 12988</HD>
        <P>This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is intended to have preemptive effect with respect to any State or local laws, regulations, or policies that conflict with its provisions or that would otherwise impede its full implementation. This rule is not intended to have retroactive effect. There are no administrative procedures that must be exhausted prior to any judicial challenge to the provisions of this rule or the application of its provisions.</P>
        <HD SOURCE="HD1">Paperwork Reduction Act</HD>

        <P>This rule contains no new information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 <E T="03">et seq.</E>).</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 7 CFR Part 354</HD>
          <P>Exports, Government employees, Imports, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Travel and transportation expenses.</P>
        </LSTSUB>
        <REGTEXT PART="354" TITLE="7">
          <AMDPAR>Accordingly, we are amending 7 CFR part 354 as follows:</AMDPAR>
          <PART>
            <HD SOURCE="HED">PART 354—OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND USER FEES</HD>
          </PART>
          <AMDPAR>1. The authority citation for part 354 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>7 U.S.C. 2260; 21 U.S.C. 136 and 136a; 49 U.S.C. 1741; 7 CFR 2.22, 2.80, and 371.3.</P>
          </AUTH>
        </REGTEXT>
        <REGTEXT PART="354" TITLE="7">
          <AMDPAR>2. Section 354.2 is amended by removing or adding in the table, in alphabetical order, under California, New York, and Wisconsin, the following entries to read as follows:</AMDPAR>
          <SECTION>
            <PRTPAGE P="46212"/>
            <SECTNO>§ 354.2</SECTNO>
            <SUBJECT>Administrative instructions prescribing commuted traveltime.</SUBJECT>
            <STARS/>
            <GPOTABLE CDEF="s100,r100,xls5,xls50" COLS="4" OPTS="L1,i1">
              <TTITLE>Commuted Traveltime Allowances </TTITLE>
              <TDESC>[In hours] </TDESC>
              <BOXHD>
                <CHED H="1">Location covered </CHED>
                <CHED H="1">Served from </CHED>
                <CHED H="1">Metropolitan area </CHED>
                <CHED H="2">Within </CHED>
                <CHED H="2">Outside </CHED>
              </BOXHD>
              <ROW>
                <ENT I="22">[Remove] </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="22">California: </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Antioc</ENT>
                <ENT>San Jose</ENT>
                <ENT O="xl"/>
                <ENT>5 </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Benecia</ENT>
                <ENT>San Jose</ENT>
                <ENT O="xl"/>
                <ENT>4 </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Crockett</ENT>
                <ENT>San Jose</ENT>
                <ENT O="xl"/>
                <ENT>4 </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="03">March AFB</ENT>
                <ENT>Riverside</ENT>
                <ENT O="xl"/>
                <ENT>1 </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Martinez</ENT>
                <ENT>San Jose</ENT>
                <ENT O="xl"/>
                <ENT>4 </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Moss Beach Landing</ENT>
                <ENT>San Jose</ENT>
                <ENT O="xl"/>
                <ENT>6 </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Norton AFB</ENT>
                <ENT>Riverside</ENT>
                <ENT O="xl"/>
                <ENT>1 </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Oakland</ENT>
                <ENT>San Jose</ENT>
                <ENT O="xl"/>
                <ENT>3<FR>1/2</FR>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Pittsburg</ENT>
                <ENT>San Jose</ENT>
                <ENT O="xl"/>
                <ENT>5 </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Richmond</ENT>
                <ENT>San Jose</ENT>
                <ENT O="xl"/>
                <ENT>4 </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="03">San Francisco International Airport</ENT>
                <ENT>San Jose</ENT>
                <ENT O="xl"/>
                <ENT>3 </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Stockton </ENT>
                <ENT>Travis AFB</ENT>
                <ENT O="xl"/>
                <ENT>3 </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Vallejo</ENT>
                <ENT>San Jose</ENT>
                <ENT O="xl"/>
                <ENT>4<FR>1/2</FR>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="22">Wisconsin: </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Milwaukee</ENT>
                <ENT O="xl"/>
                <ENT>2 </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="22">[Add] </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="22">California: </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Bakersfield</ENT>
                <ENT>Shafter</ENT>
                <ENT>1 </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Beale AFB </ENT>
                <ENT>Sacramento</ENT>
                <ENT O="xl"/>
                <ENT>4 </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Edwards AFB</ENT>
                <ENT>Ontario</ENT>
                <ENT O="xl"/>
                <ENT>4 </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Fresno</ENT>
                <ENT>Shafter</ENT>
                <ENT O="xl"/>
                <ENT>5 </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Fresno</ENT>
                <ENT>Stockton</ENT>
                <ENT O="xl"/>
                <ENT>5 </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Hanford</ENT>
                <ENT>Shafter</ENT>
                <ENT O="xl"/>
                <ENT>5 </ENT>
              </ROW>
              <ROW>
                <PRTPAGE P="46213"/>
                <ENT I="03">Lemoore</ENT>
                <ENT>Shafter</ENT>
                <ENT O="xl"/>
                <ENT>5 </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Mather Airfield</ENT>
                <ENT>Sacramento</ENT>
                <ENT>3</ENT>
                <ENT/>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="03">McClellan AFB</ENT>
                <ENT>Sacramento</ENT>
                <ENT>3</ENT>
                <ENT/>
              </ROW>
              <ROW>
                <ENT I="22"/>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Merced/Atwater (Old Castle AFB)</ENT>
                <ENT>Stockton</ENT>
                <ENT O="xl"/>
                <ENT>3 </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Monterey</ENT>
                <ENT>San Jose</ENT>
                <ENT O="xl"/>
                <ENT>5 </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Moss Beach Landing</ENT>
                <ENT>San Jose</ENT>
                <ENT O="xl"/>
                <ENT>4 </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Palm Springs International Airport</ENT>
                <ENT>Ontario</ENT>
                <ENT O="xl"/>
                <ENT>4 </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Port Hueneme</ENT>
                <ENT>Port Hueneme</ENT>
                <ENT>1 </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Port Hueneme</ENT>
                <ENT>Shafter</ENT>
                <ENT O="xl"/>
                <ENT>7 </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Sacramento International Airport</ENT>
                <ENT>Sacramento</ENT>
                <ENT>3</ENT>
                <ENT/>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Sacramento Seaport</ENT>
                <ENT>Sacramento</ENT>
                <ENT>2</ENT>
                <ENT/>
              </ROW>
              <ROW>
                <ENT I="03">San Bernardino International Airport (Old Norton AFB)</ENT>
                <ENT>Ontario</ENT>
                <ENT O="xl"/>
                <ENT>2 </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="03">San Francisco</ENT>
                <ENT>San Jose</ENT>
                <ENT O="xl"/>
                <ENT>4 </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="03">San Jose </ENT>
                <ENT>Sacramento</ENT>
                <ENT O="xl"/>
                <ENT>5</ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="03">San Jose</ENT>
                <ENT>Stockton</ENT>
                <ENT O="xl"/>
                <ENT>5 </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="03">San Luis Obispo Seaport</ENT>
                <ENT>Port Hueneme</ENT>
                <ENT O="xl"/>
                <ENT>5 </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Santa Barbara Airport</ENT>
                <ENT>Port Hueneme</ENT>
                <ENT O="xl"/>
                <ENT>2 </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Southern California International Airport (Old George AFB)</ENT>
                <ENT>Ontario</ENT>
                <ENT O="xl"/>
                <ENT>3 </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Stockton</ENT>
                <ENT>Sacramento</ENT>
                <ENT O="xl"/>
                <ENT>3 </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="22">New York: </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Alexandria Bay </ENT>
                <ENT>Oneida</ENT>
                <ENT O="xl"/>
                <ENT>5 </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Corning</ENT>
                <ENT>Avoca</ENT>
                <ENT>2 </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Corning</ENT>
                <ENT>Big Flats</ENT>
                <ENT>1 </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Farmingdale</ENT>
                <ENT>Westhampton Beach</ENT>
                <ENT>3 </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Islip</ENT>
                <ENT>Westhampton Beach</ENT>
                <ENT> 2 </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Oswego</ENT>
                <ENT>Canandaigua</ENT>
                <ENT>4 </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Oswego</ENT>
                <ENT>Oneida</ENT>
                <ENT>3 </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Rochester</ENT>
                <ENT>Avoca</ENT>
                <ENT>3 </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <PRTPAGE P="46214"/>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Rochester</ENT>
                <ENT>Canandaigua</ENT>
                <ENT>2 </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Syracuse</ENT>
                <ENT>Canandaigua</ENT>
                <ENT>3 </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Syracuse</ENT>
                <ENT>Oneida</ENT>
                <ENT>2 </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Watertown </ENT>
                <ENT>Oneida</ENT>
                <ENT O="xl"/>
                <ENT>4 </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Westhampton ANG</ENT>
                <ENT>Westhampton</ENT>
                <ENT>1 </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="22">Wisconsin: </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Milwaukee</ENT>
                <ENT O="xl"/>
                <ENT>1 </ENT>
              </ROW>
              <ROW>
                <ENT I="03">Milwaukee</ENT>
                <ENT>Madison</ENT>
                <ENT O="xl"/>
                <ENT>4<FR>1/2</FR>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22">  </ENT>
              </ROW>
              <ROW>
                <ENT I="28">*         *         *         *         *         *         * </ENT>
              </ROW>
            </GPOTABLE>
          </SECTION>
        </REGTEXT>
        <SIG>
          <DATED>Done in Washington, DC, this 28th day of August 2001. </DATED>
          <NAME>Craig A. Reed, </NAME>
          <TITLE>Administrator, Animal and Plant Health Inspection Service. </TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22135 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 3410-34-U </BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF TRANSPORTATION </AGENCY>
        <SUBAGY>Federal Aviation Administration </SUBAGY>
        <CFR>14 CFR Part 39 </CFR>
        <DEPDOC>[Docket No. 2001-CE-27-AD; Amendment 39-12431; AD 2001-18-05] </DEPDOC>
        <RIN>RIN 2120-AA64 </RIN>
        <SUBJECT>Airworthiness Directives; Goodyear Tire and Rubber Company Flight Eagle Tires, 34X9.25-16 18PR 210MPH, Part Number 348F83-2 </SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Aviation Administration, DOT. </P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule; request for comments. </P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This amendment adopts a new airworthiness directive (AD) that applies to certain Goodyear Tire and Rubber Company (Goodyear) Flight Eagle tires, 34X9.25-16 18PR 210MPH, Part Number (P/N) 348F83-2, that are installed on aircraft. This AD requires you to inspect these tires to determine if they are within a certain serial number range and replace any tires within this serial number range. This AD is the result of several instances of main landing gear (MLG) tire tread separations on Gulfstream aircraft. The actions specified by this AD are intended to remove these tires from service to prevent the potential of these tires experiencing tread separations during operation. These tread separations could result in structural damage to the aircraft, including damage to the flaps, engine nacelles, and wheel wells. </P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>This AD becomes effective on September 24, 2001. </P>
          <P>The FAA must receive any comments on this rule on or before October 12, 2001. </P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Submit comments in triplicate to FAA, Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 2001-CE-27-AD, 901 Locust, Room 506, Kansas City, Missouri 64106. </P>
          <P>You may get the service information referenced in this AD from Goodyear Global Aviation Tires, Global Product Support, 1144 East Market Street, Akron, Ohio 44316-0001; telephone: (330) 796-3293; facsimile: (330) 796-6535; or Gulfstream Aerospace Corporation, 500 Gulfstream Road, P.O. Box 2206, Savannah, Georgia 31402-2206, as applicable. You may examine this information at FAA, Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 2001-CE-27-AD, 901 Locust, Room 506, Kansas City, Missouri 64106. </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Roy Boffo, Aerospace Engineer, FAA, Chicago Aircraft Certification Office, 2300 E. Devon Avenue, Des Plaines, Illinois 60018; telephone: (847) 294-7564; facsimile: (847) 294-7834. </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Discussion </HD>
        <HD SOURCE="HD2">What Events Have Caused This AD? </HD>
        <P>The FAA has received reports of four incidents of main landing gear (MLG) tire tread separations on Gulfstream aircraft. Two of these incidents occurred during takeoff, and the other two are being investigated. </P>
        <P>Goodyear has identified a batch of Flight Eagle tires, 34X9.25-16 18PR 210MPH, Part Number (P/N) 348F83-2, that are susceptible to the tire tread separations. The serial numbers of this batch are 0168xxxx through 0185xxxx. This consists of approximately 300 tires. </P>
        <P>These tires are installed on, but not limited to, the following aircraft: </P>
        <GPOTABLE CDEF="xs160,xls95,r100" COLS="3" OPTS="L2,tp0,i1">
          <TTITLE>  </TTITLE>
          <BOXHD>
            <CHED H="1">Type certificate holder </CHED>
            <CHED H="1">Models </CHED>
            <CHED H="1">Serial numbers </CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Gulfstream Aerospace Corporation </ENT>
            <ENT>GII, GIIB, and GIII</ENT>
            <ENT>All serial numbers. </ENT>
          </ROW>
          <ROW>
            <ENT I="01">Gulfstream Aerospace Corporation </ENT>
            <ENT>GIV </ENT>
            <ENT>Serial numbers 1000 through 1213, except for serial number 1183. </ENT>
          </ROW>
          <ROW>
            <ENT I="01">The Boeing Company </ENT>
            <ENT>720 and 720B </ENT>
            <ENT>All serial numbers. </ENT>
          </ROW>
        </GPOTABLE>
        <PRTPAGE P="46215"/>
        <HD SOURCE="HD2">What Are the Consequences if the Condition Is Not Corrected? </HD>
        <P>Tire tread separations, if not prevented, could result in structural damage to the aircraft. This includes damage to the flaps, engine nacelles, and wheel wells. </P>
        <HD SOURCE="HD2">Is There Service Information That Applies to This Subject? </HD>
        <P>Goodyear has issued Service Bulletin GY SB 2001-32-006, dated July 28, 2001. In addition, Gulfstream Aerospace Corporation has issued Alert Customer Bulletins #28 (GII/GIIB), #14 (GIII), and #28 (GIV), all dated July 31, 2001. </P>
        <P>These bulletins provide information that relates to removing the affected tires from service. </P>
        <HD SOURCE="HD1">The FAA's Determination and an Explanation of the Provisions of This AD </HD>
        <HD SOURCE="HD2">What Has FAA Decided? </HD>
        <P>After examining the circumstances and reviewing all available information related to the subject above, we have determined that: </P>
        
        <FP SOURCE="FP-1">—The unsafe condition referenced in this document exists or could develop on type design aircraft equipped with certain Goodyear Flight Eagle tires, 34X9.25-16 18PR 210MPH, P/N 348F83-2, serial numbers 0168xxxx through 0185xxxx; </FP>
        <FP SOURCE="FP-1">—These tires should be removed from service; and </FP>
        <FP SOURCE="FP-1">—AD action should be taken in order to correct this unsafe condition</FP>
        
        <HD SOURCE="HD2">What Would This AD Require? </HD>
        <P>This AD requires you to inspect all of these tires to determine if they are within the affected serial number range and replace any tires within this serial number range. </P>
        <HD SOURCE="HD2">Will I Have the Opportunity to Comment Prior to the Issuance of the Rule? </HD>
        <P>Because the unsafe condition described in this document could result in structural damage to the aircraft, including damage to the flaps, engine nacelles, and wheel wells, FAA finds that notice and opportunity for public prior comment are impracticable. Therefore, good cause exists for making this amendment effective in less than 30 days. </P>
        <HD SOURCE="HD1">Comments Invited </HD>
        <HD SOURCE="HD2">How Do I Comment on This AD?</HD>

        <P>Although this action is in the form of a final rule and was not preceded by notice and opportunity for public comment, we invite your comments on the rule. You may submit whatever written data, views, or arguments you choose. You need to include the rule's docket number and submit your comments in triplicate to the address specified under the caption <E T="02">ADDRESSES</E>. We will consider all comments received on or before the closing date specified above. We may amend this rule in light of comments received. Factual information that supports your ideas and suggestions is extremely helpful in evaluating the effectiveness of the AD action and determining whether we need to take additional rulemaking action. </P>
        <HD SOURCE="HD2">Are There Any Specific Portions of the AD I Should Pay Attention to?</HD>
        <P>The FAA specifically invites comments on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the rule. You may examine all comments we receive before and after the closing date of the rule in the Rules Docket. We will file a report in the Rules Docket that summarizes each FAA contact with the public that concerns the substantive parts of this AD. </P>

        <P>We are reviewing the writing style we currently use in regulatory documents, in response to the Presidential memorandum of June 1, 1998. That memorandum requires federal agencies to communicate more clearly with the public. We are interested in your comments on whether the style of this document is clear, and any other suggestions you might have to improve the clarity of FAA communications that affect you. You can get more information about the Presidential memorandum and the plain language initiative at <E T="03">http://www.plainlanguage.gov.</E>
        </P>
        <HD SOURCE="HD2">How Can I Be Sure FAA Receives My Comment? </HD>
        <P>If you want us to acknowledge the receipt of your comments, you must include a self-addressed, stamped postcard. On the postcard, write “Comments to Docket No. 2001-CE-27-AD.” We will date stamp and mail the postcard back to you. </P>
        <HD SOURCE="HD1">Regulatory Impact </HD>
        <HD SOURCE="HD2">Does This AD Impact Various Entities? </HD>
        <P>These regulations will not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, FAA has determined that this final rule does not have federalism implications under Executive Order 13132. </P>
        <HD SOURCE="HD2">Does This AD Involve a Significant Rule or Regulatory Action? </HD>
        <P>The FAA has determined that this regulation is an emergency regulation that must be issued immediately to correct an unsafe condition in aircraft, and is not a significant regulatory action under Executive Order 12866. It has been determined further that this action involves an emergency regulation under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). If it is determined that this emergency regulation otherwise would be significant under DOT Regulatory Policies and Procedures, a final regulatory evaluation will be prepared and placed in the Rules Docket (otherwise, an evaluation is not required). A copy of it, if filed, may be obtained from the Rules Docket. </P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 14 CFR Part 39 </HD>
          <P>Air transportation, Aircraft, Aviation safety, Safety.</P>
        </LSTSUB>
        <REGTEXT PART="39" TITLE="14">
          <HD SOURCE="HD1">Adoption of the Amendment </HD>
          <AMDPAR>Accordingly, under the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: </AMDPAR>
          <PART>
            <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES </HD>
          </PART>
          <AMDPAR>1. The authority citation for part 39 continues to read as follows: </AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>49 U.S.C. 106(g), 40113, 44701. </P>
          </AUTH>
          <SECTION>
            <SECTNO>§ 39.13 </SECTNO>
            <SUBJECT>[Amended] </SUBJECT>
          </SECTION>
        </REGTEXT>
        <REGTEXT PART="39" TITLE="14">
          <AMDPAR>2. FAA amends § 39.13 by adding a new AD to read as follows:</AMDPAR>
          
          <EXTRACT>
            <FP SOURCE="FP-2">
              <E T="04">2001-18-05 Goodyear Tire and Rubber Company:</E> Amendment 39-12431; Docket No. 2001-CE-27-AD. </FP>
            
            <P>(a) <E T="03">What aircraft are affected by this AD?</E> This AD applies to aircraft equipped with any Goodyear Flight Eagle tire, 34X9.25-16 18PR 210MPH, Part Number (P/N) 348F83-2. The following is a list of aircraft where these tires could be installed. This is not a comprehensive list and aircraft not on this list that have the tires installed through field approval or other methods are still affected by this AD: </P>
            <GPOTABLE CDEF="xs160,xls95,r100" COLS="3" OPTS="L2,tp0,i1">
              <TTITLE>  </TTITLE>
              <BOXHD>
                <CHED H="1">Type certificate holder </CHED>
                <CHED H="1">Models </CHED>
                <CHED H="1">Serial numbers </CHED>
              </BOXHD>
              <ROW>
                <ENT I="01">Gulfstream Aerospace Corporation </ENT>
                <ENT>GII, GIIB, and GIII </ENT>
                <ENT>All serial numbers. </ENT>
              </ROW>
              <ROW>
                <PRTPAGE P="46216"/>
                <ENT I="01">Gulfstream Aerospace Corporation </ENT>
                <ENT>GIV </ENT>
                <ENT>Serial numbers 1000 through 1213, except for serial number 1183. </ENT>
              </ROW>
              <ROW>
                <ENT I="01">The Boeing Company </ENT>
                <ENT>720 and 720B </ENT>
                <ENT>All serial numbers. </ENT>
              </ROW>
            </GPOTABLE>
            <P>(b) <E T="03">Who must comply with this AD?</E> Anyone who wishes to operate any aircraft that is equipped with one or more of the above-referenced Goodyear Flight Eagle tires must comply with this AD. </P>
            <P>(c) <E T="03">What problem does this AD address?</E> The actions specified by this AD are intended to remove these tires from service to prevent the potential of these tires experiencing tread separations during operation. These tread separations could result in structural damage to the aircraft, including damage to the flaps, engine nacelles, and wheel wells. </P>
            <P>(d) <E T="03">What must I do to address this problem?</E> To address this problem, you must accomplish the following actions: </P>
            <GPOTABLE CDEF="s100,r50,r100" COLS="3" OPTS="L2,tp0,i1">
              <TTITLE>  </TTITLE>
              <BOXHD>
                <CHED H="1">Action </CHED>
                <CHED H="1">Compliance time </CHED>
                <CHED H="1">Procedures </CHED>
              </BOXHD>
              <ROW>
                <ENT I="01">(1) Inspect all Goodyear Flight Eagle tires, 34X9.25-16 18PR 210MPH, P/N 348F83-2, to determine if any are within the serial number range of 0168xxxx through 0185xxxx </ENT>
                <ENT>Within the next 10 hours time-in-service (TIS) after September 24, 2001 (the effective date of this AD) </ENT>
                <ENT>Goodyear Service Bulletin GY SB 2001-32-006, dated July 28, 2001, and Gulfstream Aerospace Corporation Alert Customer Bulletins #28 (GII/GIIB), #14 (GIII), and #28 (GIV), all dated July 31, 2001, contain information that relates to this subject. </ENT>
              </ROW>
              <ROW>
                <ENT I="01">(2) Replace any tire found within the serial number range referenced in paragraph (d)(1) of this AD with an FAA-approved tire that is not Goodyear Flight Eagle, 34X9.25-16 18 PR 210 MPH, P/N 348F83-2, serial number 0168xxxx through 0185xxxx </ENT>
                <ENT>Prior to further flight after the inspection required by paragraph (d)(1) of this AD </ENT>
                <ENT>Goodyear Service Bulletin GY SB 2001-32-006, dated July 28, 2001, and Gulfstream Aerospace Corporation Alert Customer Bulletins #28 (GII/GIIB), #14 (GIII), and #28 (GIV), all dated July 31, 2001, contain information that relates to this subject. </ENT>
              </ROW>
              <ROW>
                <ENT I="01">(3) Do not install, on any airplane, a Goodyear Flight Eagle tire, 34X9.25-16 18 PR 210MPH, P/N 348F83-2, that is within the serial number range of 0168xxxx through 0185xxxx </ENT>
                <ENT>As of September 24, 2001 (the effective date of this AD) </ENT>
                <ENT>Not Applicable. </ENT>
              </ROW>
            </GPOTABLE>
            <P>(e) <E T="03">Can I comply with this AD in any other way?</E> You may use an alternative method of compliance or adjust the compliance time if: </P>
            <P>(1) Your alternative method of compliance provides an equivalent level of safety; and </P>
            <P>(2) The Manager, Chicago Aircraft Certification Office, approves your alternative. Send your request through an FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, Chicago Aircraft Certification Office. </P>
            <NOTE>
              <HD SOURCE="HED">Note:</HD>
              <P>This AD applies to any aircraft with a tire installed as identified in paragraph (a) of this AD, regardless of whether the aircraft has been modified, altered, or repaired in the area subject to the requirements of this AD. For aircraft that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must request approval for an alternative method of compliance in accordance with paragraph (e) of this AD. The request should include an assessment of the effect of the modification, alteration, or repair on the unsafe condition addressed by this AD; and, if you have not eliminated the unsafe condition, specific actions you propose to address it.</P>
            </NOTE>
            <P>(f) <E T="03">Where can I get information about any already-approved alternative methods of compliance?</E> Contact Roy Boffo, Aerospace Engineer, FAA, Chicago Aircraft Certification Office, 2300 E. Devon Avenue, Des Plaines, Illinois 60018; telephone: (847) 294-7564; facsimile: (847) 294-7834. </P>
            <P>(g) <E T="03">What if I need to fly the airplane to another location to comply with this AD?</E> The FAA can issue a special flight permit under sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate your airplane to a location where you can accomplish the requirements of this AD. </P>
            <P>(h) <E T="03">How do I get copies of the documents referenced in this AD?</E> You may obtain copies of the documents referenced in this AD from Goodyear Global Aviation Tires, Global Product Support, 1144 East Market Street, Akron, Ohio 44316-0001; telephone: (330) 796-3293; facsimile: (330) 796-6535; or Gulfstream Aerospace Corporation, 500 Gulfstream Road, P.O. Box 2206, Savannah, Georgia 31402-2206, as applicable. You may examine these documents at FAA, Central Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106. </P>
            <P>(i) <E T="03">When does this amendment become effective?</E> This amendment becomes effective on September 24, 2001. </P>
          </EXTRACT>
        </REGTEXT>
        <SIG>
          <DATED>Issued in Kansas City, Missouri, on August 27, 2001. </DATED>
          <NAME>Michael Gallagher, </NAME>
          <TITLE>Manager, Small Airplane Directorate, Aircraft Certification Service. </TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22083 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 4910-13-U</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Federal Aviation Administration</SUBAGY>
        <CFR>14 CFR Part 71</CFR>
        <DEPDOC>[Airspace Docket No. 01-AWP-12]</DEPDOC>
        <SUBJECT>Establishment of Class E Airspace at Van Nuys Airport; Van Nuys, CA</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Aviation Administration (FAA), DOT.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Direct final rule, confirmation of effective date. </P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This document confirms the effective date of a direct final rule that establishes a Class E Surface Area at Van Nuys Airport in Van Nuys, CA.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">EFFECTIVE DATE:</HD>
          <P>0901 UTC November 1, 2001.</P>
        </EFFDATE>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Jeri Carson, Air Traffic Division, Airspace Branch, AWP-520.11, Western-Pacific Region, Federal Aviation Administration, 15000 Aviation Boulevard, Lawndale, California 90261; telephone (310) 725-6611.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>The FAA published this direct final rule with a request for comments in the <E T="04">Federal Register</E> on July 13, 2001 (66 FR 36700). The FAA uses the direct rulemaking procedure for a non-controversial rule when FAA believes that there will be no adverse public comment. This direct final rule advised the public that adverse comments were not anticipated, and that unless written adverse comments or written notice of intent to submit such adverse comments, were received within the comment period, the regulation would become effective on November 1, 2001. No adverse comments were received. Thus, this notice confirms that direct final rule will become effective on that date.</P>
        <SIG>
          <PRTPAGE P="46217"/>
          <DATED>Issued in Los Angeles, California, on August 20, 2001.</DATED>
          <NAME>John Clancy,</NAME>
          <TITLE>Manager, Air Traffic Division, Western-Pacific Region.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22154 Filed 8-31-01; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-13-M</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF THE TREASURY</AGENCY>
        <SUBAGY>Customs Service</SUBAGY>
        <CFR>19 CFR Part 148</CFR>
        <DEPDOC>[T.D. 01-61]</DEPDOC>
        <RIN>RIN 1515-AC90</RIN>
        <SUBJECT>Change in Flat Rate of Duty on Articles Imported for Personal or Household Use or as Bona Fide Gifts</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Customs Service, Treasury.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This document amends the Customs Regulations to reflect a provision of the Tariff Suspension and Trade Act of 2000 which sets forth a staged reduction of the flat rate of duty on articles imported for personal or household use or as bona fide gifts.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">EFFECTIVE DATE:</HD>
          <P>September 4, 2001.</P>
        </EFFDATE>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Ralph L. Hackney, Passenger Programs, Office of Field Operations; telephone (202) 927-2931.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Background</HD>

        <P>Persons entering the United States with noncommercial importations of limited value, <E T="03">i.e.,</E> articles for personal or household use or as bona fide gifts not imported for sale nor for the account of another person and valued in the aggregate at not over $ 1,000 fair retail value in the country of acquisition, are assessed a flat rate of duty on the articles, provided the person claiming the tariff benefit(s) has not received such benefit(s) within the 30 days immediately preceding the present arrival. Depending on how and from where the articles are imported, the entry may be made under either or both subheadings 9816.00.20 and 9816.00.40 of the Harmonized Tariff Schedule of the United States (HTSUS) (19 U.S.C. 1202).</P>
        <P>A particular flat rate of duty under HTSUS subheading 9816.00.20 is applicable to articles (exclusive of duty-free articles and articles acquired in American Samoa, Guam or the Virgin Islands of the United States) that accompany a person arriving in the United States. A different particular flat rate of duty is applicable under HTSUS subheading 9816.00.40 to articles imported by or for the account of a person (whether or not accompanying the person) who arrives directly or indirectly from American Samoa, Guam or the Virgin Islands of the United States if the articles were acquired in those insular possessions as an incident of the person's physical presence.</P>
        <P>While a person can use both subheadings for entering goods during one arrival in the United States, it is noted that the person may enter goods under HTSUS subheading 9816.00.40 only if the imported goods are acquired in the insular possessions as an incident of the traveler's physical presence there.</P>
        <P>Prior to January 1, 2000, the flat rates of duty were 10 percent of the fair retail value for articles entered under HTSUS subheading 9816.00.20 and 5 percent of the fair retail value for articles entered under HTSUS subheading 9816.00.40.</P>
        <P>On November 9, 2000, the President signed into law the Tariff Suspension and Trade Act of 2000 (Pub.L. 106-476, 114 Stat. 2101, 19 U.S.C. 1200 note). Section 1455 of this Act amended the tariff provisions at HTSUS subheadings 9816.00.20 and 9816.00.40 to provide for staged reductions of the flat-duty rates. Section 1455 amended HTSUS subheading 9816.00.20 to provide that effective January 1, 2000, the 10 percent flat-duty rate is reduced to 5 percent; that effective January 1, 2001, the 5 percent flat-duty rate is reduced to 4 percent; and that effective January 1, 2002, the 4 percent flat-duty rate is reduced to 3 percent. Section 1455 amended HTSUS subheading 9816.00.40 to provide that effective January 1, 2000, the 5 percent flat-duty rate is reduced to 3 percent; that effective January 1, 2001, the 3 percent flat-duty rate is reduced to 2 percent; and that effective January 1, 2002, the 2 percent flat-duty rate is reduced to 1.5 percent.</P>
        <P>The flat rates of duty of HTSUS subheadings 9816.00.20 and 9816.00.40 are reflected and explained in §§ 148.101 and 148.102, Customs Regulations (19 CFR 148.101 and 148.102). These regulations now provide out-dated flat duty percentage rates. Accordingly, these regulations need to be revised to reflect these staged reductions of the flat-duty rates.</P>
        <P>It is noted that these regulatory provisions pertain not only to the three insular possessions expressly provided for in the tariff provisions discussed above—American Samoa, Guam, and the Virgin Islands of the United States; they also pertain to the Commonwealth of the Northern Mariana Islands. This is because, pursuant to section 603(c) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America (Pub.L. 94-241, 90 Stat. 263, 270), goods imported from the Commonwealth of the Northern Mariana Islands are entitled to the same tariff treatment as imports from Guam. See, § 7.2(a) of the Customs Regulations (19 CFR 7.2(a)).</P>
        <P>In this document, Customs is revising §§ 148.101 and 148.102 to conform the Customs Regulations to section 1455 of the Tariff Suspension and Trade Act of 2000.</P>
        <P>Section 148.102(a) is amended to provide that the rate of duty on articles accompanying any person, including a crewmember, arriving in the United States (exclusive of duty-free articles and articles acquired in American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States) shall be 4 percent, effective January 1, 2001, and 3 percent, effective January 1, 2002, of the fair retail value in the country of acquisition.</P>
        <P>Section 148.102(b) is amended to provide that the rate of duty on articles accompanying any person, including a crewmember, arriving in the United States directly or indirectly from American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States (exclusive of duty-free articles), acquired in these locations as an incident of the person's physical presence there, shall be 2 percent, effective January 1, 2001, and 1.5 percent, effective January 1, 2002, of the fair retail value in the location in which acquired.</P>
        <P>The parenthetical reference to Canada is removed from § 148.102(a); and § 148.102(c) is removed. These changes are made because the U.S.-Canada Free-Trade Agreement Implementation Act has been suspended. All originating goods from Canada are now duty-free pursuant to the North American Free Trade Agreement.</P>
        <P>In addition, § 148.101 is amended by revising the two examples of the application of the flat rate of duty to reflect the staged reductions.</P>
        <HD SOURCE="HD1">Inapplicability of Public Notice and Comment Requirement and Delayed Effective Date Requirement</HD>

        <P>Because this rule conforms the regulations to reflect new statutory requirements that confer a benefit in the form of lower duty rates, it has been determined, pursuant to 5 U.S.C. 553(b)(B), that notice and public procedure are unnecessary and contrary to the public interest. For the same reasons, a delayed effective date is not <PRTPAGE P="46218"/>required, pursuant to 5 U.S.C. 553(d)(1) and (d)(3).</P>
        <HD SOURCE="HD1">The Regulatory Flexibility Act and Executive Order 12866</HD>

        <P>Because no notice of proposed rulemaking is required, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 <E T="03">et seq.</E>) do not apply. This document does not meet the criteria for a “significant regulatory action” as specified in E.O. 12866.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects for 19 CFR Part 148</HD>
          <P>Customs duties and inspection, Declarations, Reporting and recordkeeping requirements, Trade agreements (North American Free Trade Agreement).</P>
        </LSTSUB>
        <REGTEXT PART="148" TITLE="19">
          <HD SOURCE="HD1">Amendments to the Regulations</HD>
          <AMDPAR>For the reasons stated in the preamble, part 148 of the Customs Regulations (19 CFR part 148) is amended as set forth below:</AMDPAR>
          <PART>
            <HD SOURCE="HED">PART 148—PERSONAL DECLARATIONS AND EXEMPTIONS</HD>
          </PART>
          <AMDPAR>1. The general authority citation for part 148 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>19 U.S.C. 66, 1496, 1498, 1624. The provisions of this part, except for subpart C, are also issued under 19 U.S.C. 1202 (General Note 22, Harmonized Tariff Schedule of the United States);</P>
          </AUTH>
          <STARS/>
        </REGTEXT>
        <REGTEXT PART="148" TITLE="19">
          <AMDPAR>2. In § 148.101, the reference in the first sentence of Example 1 to “$1,050” is removed and the reference “$1,950” is added in its place; and the tables in Examples 1 and 2 are revised, respectively, to read as follows:</AMDPAR>
          <SECTION>
            <SECTNO>§ 148.101</SECTNO>
            <SUBJECT>Applicability.</SUBJECT>
            <STARS/>
            <P>
              <E T="03">Example 1:</E> * * *</P>
            <GPOTABLE CDEF="s150,12,8" COLS="3" OPTS="L2,tp0,i1">
              <TTITLE>  </TTITLE>
              <BOXHD>
                <CHED H="1">  </CHED>
                <CHED H="1">Fair retail value </CHED>
                <CHED H="1">Duty </CHED>
              </BOXHD>
              <ROW>
                <ENT I="01">(a) The $400 personal exemption</ENT>
                <ENT>$400</ENT>
                <ENT/>
              </ROW>
              <ROW>
                <ENT I="01">(b) Articles which carry a free rate of duty</ENT>
                <ENT>100</ENT>
                <ENT/>
              </ROW>
              <ROW>
                <ENT I="01">(c) The $1,000 flat rate of duty allowance calculated at:</ENT>
                <ENT>1,000</ENT>
                <ENT/>
              </ROW>
              <ROW>
                <ENT I="03">4 percent (effective 01/01/01 through 12/31/01)</ENT>
                <ENT/>
                <ENT>$40 </ENT>
              </ROW>
              <ROW>
                <ENT I="03">3 percent (effective from 01/01/02)</ENT>
                <ENT/>
                <ENT>30</ENT>
              </ROW>
              <ROW RUL="n,s">
                <ENT I="01">(d) Balance of articles subject to duty at rates other than flat rate</ENT>
                <ENT>
                  <SU>1</SU> 450</ENT>
                <ENT>(<SU>1</SU>) </ENT>
              </ROW>
              <ROW>
                <ENT I="05">Total</ENT>
                <ENT>
                  <SU>1</SU> 1,950</ENT>
                <ENT>(<SU>1</SU>) </ENT>
              </ROW>
              <TNOTE>
                <SU>1</SU> The articles not covered by exemptions, allowances, and duty-free rates will be valued under section 402, Tariff Act of 1930, as amended, and duty calculated at rates other than the flat rate. </TNOTE>
            </GPOTABLE>
            <P>
              <E T="03">Example 2:</E> * * *</P>
            <GPOTABLE CDEF="s150,12,8" COLS="3" OPTS="L2,tp0,i1">
              <TTITLE>  </TTITLE>
              <BOXHD>
                <CHED H="1">  </CHED>
                <CHED H="1">Fair retail value </CHED>
                <CHED H="1">Duty </CHED>
              </BOXHD>
              <ROW>
                <ENT I="01">(a) The $1,200 personal exemptions for residents returning from the U.S. Virgin Islands are grouped for a total of</ENT>
                <ENT>$2,400</ENT>
                <ENT/>
              </ROW>
              <ROW>
                <ENT I="01">(b) Articles which carry a free rate of duty</ENT>
                <ENT>100</ENT>
                <ENT/>
              </ROW>
              <ROW>
                <ENT I="01">(c) The $1,000 flat rate of duty allowance calculated at:</ENT>
                <ENT>2,000</ENT>
                <ENT/>
              </ROW>
              <ROW>
                <ENT I="03">2 percent (effective 01/01/01 through 12/31/01)</ENT>
                <ENT/>
                <ENT>$40 </ENT>
              </ROW>
              <ROW>
                <ENT I="03">1.5 percent (effective from 01/01/02)</ENT>
                <ENT/>
                <ENT>30 </ENT>
              </ROW>
              <ROW RUL="n,s">
                <ENT I="01">(d) Balance of articles subject to duty at rates other than flat rate</ENT>
                <ENT>
                  <SU>1</SU> 400</ENT>
                <ENT>(<SU>1</SU>) </ENT>
              </ROW>
              <ROW>
                <ENT I="05">Total</ENT>
                <ENT>
                  <SU>1</SU> 4,900</ENT>
                <ENT>(<SU>1</SU>) </ENT>
              </ROW>
              <TNOTE>
                <SU>1</SU> The articles not covered by exemptions, allowances, and duty-free rates will be valued under section 402, Tariff Act of 1930, as amended, and duty calculated at rates other than the flat rate. </TNOTE>
            </GPOTABLE>
          </SECTION>
        </REGTEXT>
        <REGTEXT PART="148" TITLE="19">
          <AMDPAR>3. Section 148.102 is revised to read as follows:</AMDPAR>
          <SECTION>
            <SECTNO>§ 148.102</SECTNO>
            <SUBJECT>Flat rate of duty.</SUBJECT>
            <P>(a) <E T="03">Generally.</E> The rate of duty on articles accompanying any person, including a crewmember, arriving in the United States (exclusive of duty-free articles and articles acquired in American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States) shall be 4 percent, effective January 1, 2001, and 3 percent, effective January 1, 2002, of the fair retail value in the country of acquisition.</P>
            <P>(b) <E T="03">American Samoa, Guam, the Northern Mariana Islands, and the Virgin Islands.</E> The rate of duty on articles accompanying any person, including a crewmember, arriving in the United States directly or indirectly from American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States (exclusive of duty-free articles), acquired in these locations as an incident of the person's physical presence there, shall be 2 percent, effective January 1, 2001, and 1.5 percent, effective January 1, 2002, of the fair retail value in the location in which acquired.</P>
          </SECTION>
        </REGTEXT>
        <SIG>
          <NAME>Charles W. Winwood,</NAME>
          <TITLE>Acting Commissioner of Customs.</TITLE>
          <DATED>Approved: August 29, 2001.</DATED>
          <NAME>Timothy E. Skud,</NAME>
          <TITLE>Acting Deputy Assistant Secretary of the Treasury.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22112 Filed 8-31-01; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4820-02-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF TRANSPORTATION </AGENCY>
        <SUBAGY>Coast Guard </SUBAGY>
        <CFR>33 CFR Part 165 </CFR>
        <DEPDOC>[CGD09-01-121] </DEPDOC>
        <RIN>RIN 2115-AA97 </RIN>
        <SUBJECT>Safety Zone; Algoma Shanty Days 2001, Algoma Harbor, WI</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Coast Guard, DOT. </P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Temporary final rule. </P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The Coast Guard is establishing a temporary safety zone in Algoma Harbor for the Algoma Shanty Days 2001 fireworks display. This safety zone is necessary to protect spectators and vessels from the hazards associated with the storage, preparation, and launching of fireworks. This safety zone <PRTPAGE P="46219"/>is intended to restrict vessel traffic from a portion of Algoma Harbor, Algoma, Wisconsin. </P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>This temporary rule is effective from 8:30 p.m. until 9:30 p.m. (CST) on September 29, 2001. </P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Comments and material received from the public, as well as documents indicated in this preamble as being available in the docket, are part of docket [CGD09-01-121] and are available for inspection or copying at U.S. Coast Guard Marine Safety Office Milwaukee, 2420 South Lincoln Memorial Drive, Milwaukee, WI 53207 between 7 a.m. and 3:30 p.m., Monday through Friday, except Federal holidays. </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>LCDR Timothy Sickler, Port Operations Chief, Marine Safety Office Milwaukee, 2420 South Lincoln Memorial Drive, Milwaukee, WI 53207. The phone number is (414) 747-7155. </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Regulatory Information </HD>

        <P>We did not publish a notice of proposed rulemaking (NPRM) for this regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM, and under 5 U.S.C. 553(d)(3), good cause exists for making this rule effective less than 30 days after publication in the <E T="04">Federal Register</E>. The subsequent permit application, after the original date was rained out, did not allow sufficient time for the publication of an NPRM followed by a temporary final rule effective 30 days after publication. Due to inclement weather during the originally scheduled date, the event organizer rescheduled the fireworks to occur a month after the expected date. Any delay of the effective date of this rule would be contrary to the public interest by exposing the public to the known dangers associated with fireworks displays and the possible loss of life, injury, and damage to property. </P>
        <HD SOURCE="HD1">Background and Purpose </HD>
        <P>This Safety Zone is established to safeguard the public from the hazards associated with the launching of fireworks on the Algoma Harbor, Algoma, Wisconsin. The size of the zone was determined by using previous experiences with fireworks displays in the Captain of the Port Milwaukee zone and local knowledge about wind, waves, and currents in this particular area. </P>
        <P>The safety zone will be in effect on September 29, 2001, from 8:30 p.m. until 9:30 p.m. (CST). The safety zone will encompass all waters bounded by the arc of a circle with a 560-foot radius with its center in approximate position 44°36.22′ N, 087° 25.55′ W, off Algoma's south breakwall. The size of this zone was determined using the National Fire Prevention Association guidelines and local knowledge concerning wind, waves, and currents. These coordinates are based upon North American Datum 1983 (NAD 83). </P>
        <P>All persons and vessels shall comply with the instructions of the Captain of the Port Milwaukee or his designated on scene patrol personnel. Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Milwaukee or his designated on scene representative. The Captain of the Port Milwaukee may be contacted via VHF Channel 16. </P>
        <HD SOURCE="HD1">Regulatory Evaluation </HD>
        <P>This rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. It is not “significant” under the regulatory policies and procedures of the Department of Transportation (DOT) (44 FR 11040, February 26, l979). </P>
        <HD SOURCE="HD1">Small Entities </HD>
        <P>Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we considered whether this rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. </P>
        <P>The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. </P>
        <P>This rule will affect the following entities: the owners or operators of vessels intending to transit or anchor in the vicinity of the south breakwall in Algoma's inner and outer harbor from 8:30 p.m. until 9:30 p.m. (CST) on September 29, 2001. </P>
        <P>This safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons: This rule will be in effect for only one hour and twenty minutes on one day and late in the day when vessel traffic is minimal. Vessel traffic may enter or transit through the safety zone with the permission of the Captain of the Port Milwaukee or his designated on scene representative. Before the effective period, we will issue maritime advisories widely available to users of the Algoma Harbor. </P>
        <HD SOURCE="HD1">Assistance for Small Entities </HD>

        <P>Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104-121), we offer to assist small entities in understanding the rule so that they can better evaluate its effects on them and participate in the rulemaking process. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact Marine Safety Office Milwaukee. (See <E T="02">ADDRESSES</E>.) </P>
        <P>Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). </P>
        <HD SOURCE="HD1">Collection of Information </HD>
        <P>This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). </P>
        <HD SOURCE="HD1">Federalism </HD>
        <P>We have analyzed this rule under Executive Order 13132 and have determined that this rule does not have implications for federalism under that Order. </P>
        <HD SOURCE="HD1">Unfunded Mandates Reform Act </HD>
        <P>The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. </P>
        <HD SOURCE="HD1">Taking of Private Property </HD>

        <P>This rule will not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. <PRTPAGE P="46220"/>
        </P>
        <HD SOURCE="HD1">Civil Justice Reform </HD>
        <P>This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. </P>
        <HD SOURCE="HD1">Protection of Children </HD>
        <P>We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not concern an environmental risk to health or risk to safety that may disproportionately affect children. </P>
        <HD SOURCE="HD1">Indian Tribal Governments </HD>
        <P>This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. </P>
        <HD SOURCE="HD1">Energy Effects </HD>
        <P>We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. It has not been designated by the Administrator of the Office of Information and Regulatory Affairs as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. </P>
        <HD SOURCE="HD1">Environment </HD>
        <P>The Coast Guard considered the environmental impact of this rule and concluded that under figure 2-1, paragraph (34)(g), of Commandant Instruction M16475.lC, this rule is categorically excluded from further environmental documentation. </P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 33 CFR Part 165 </HD>
          <P>Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, and Waterways.</P>
        </LSTSUB>
        <REGTEXT PART="165" TITLE="33">
          <AMDPAR>For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: </AMDPAR>
          <PART>
            <HD SOURCE="HED">PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS </HD>
          </PART>
          <AMDPAR>1. The authority citation for part 165 continues to read as follows: </AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 6.04-1, 6.04-6, 160.5; 49 CFR 1.46. </P>
          </AUTH>
        </REGTEXT>
        <REGTEXT PART="165" TITLE="33">
          <AMDPAR>2. A new temporary § 165.T09-995 is added to read as follows: </AMDPAR>
          <SECTION>
            <SECTNO>§ 165.T09-995 </SECTNO>
            <SUBJECT>Safety Zone: Algoma Harbor, Algoma, Wisconsin. </SUBJECT>
            <P>(a) <E T="03">Location.</E> The safety zone will encompass all waters bounded by the arc of a circle with a 560-foot radius with its center in approximate position 44° 36.22′ N, 087° 25.55′ W, located off the southernmost part of the Algoma breakwall (NAD 83). </P>
            <P>(b) <E T="03">Effective times and dates.</E> From 8:30 p.m. until 9:30 p.m. on September 29, 2001. </P>
            <P>(c) <E T="03">Regulations.</E> (1) The general regulations contained in 33 CFR 165.23 apply. </P>
            <P>(2) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port Milwaukee or the designated on scene patrol personnel. Coast Guard patrol personnel include commissioned, warrant or petty officers of the U.S. Coast Guard. Upon being hailed by a U.S. Coast Guard vessel via siren, radio, flashing light, or other means, the operator shall proceed as directed. </P>
            <P>(3) This safety zone should not adversely affect shipping. However, commercial vessels may request permission from the Captain of the Port Milwaukee to enter or transit the safety zone. Approval will be made on a case-by-case basis. Requests must be in advance and approved by the Captain of the Port Milwaukee before transits will be authorized. The Captain of the Port Milwaukee may be contacted via U.S. Coast Guard Group Milwaukee on Channel 16, VHF-FM.</P>
          </SECTION>
        </REGTEXT>
        <SIG>
          <DATED>Dated: August 22, 2001. </DATED>
          <NAME>M. R. DeVries, </NAME>
          <TITLE>Commander, U.S. Coast Guard, Captain of the Port, Milwaukee, Milwaukee, Wisconsin. </TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22082 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 4910-15-P </BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="N">ENVIRONMENTAL PROTECTION AGENCY </AGENCY>
        <CFR>40 CFR Part 52 </CFR>
        <DEPDOC>[TX-28-1-7537, FRL-7049-1] </DEPDOC>
        <SUBJECT>Approval and Promulgation of Implementation Plans; Texas; Withdrawal of Direct Final Rule </SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Environmental Protection Agency (EPA). </P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Withdrawal of direct final rule. </P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>Due to an adverse comment, EPA is withdrawing the direct final rule to approve the Vehicle Miles Traveled Offset State Implementation Plan for the Houston/Galveston Ozone Nonattainment area. In the direct final rule published on July 10, 2001 (66 FR 35903), we stated that if we received adverse comment by August 9, 2001, the rule would be withdrawn and not take effect. EPA subsequently received an adverse comment. EPA will address the comment received in a subsequent final action based upon the proposed action also published on July 10, 2001 (66 FR 35920). EPA will not institute a second comment period on this action. </P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>The direct final rule published July 10, 2001, at 66 FR 35903 is withdrawn as of September 4, 2001. </P>
        </EFFDATE>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Bill Deese, Environmental Protection Agency, Region 6, Air Planning Section (6PD-L), 1445 Ross Avenue, Dallas, Texas 75202-2733. Phone (214) 665-7253. </P>
          <LSTSUB>
            <HD SOURCE="HED">List of Subjects in 40 CFR Part 52 </HD>
            <P>Environmental protection, Air pollution control, Hydrocarbons, Incorporation by Reference, Intergovernmental relations, Nitrogen oxides, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.</P>
          </LSTSUB>
          <SIG>
            <DATED>Dated: August 24, 2001. </DATED>
            <NAME>Gregg A. Cooke, </NAME>
            <TITLE>Regional Administrator, Region 6. </TITLE>
          </SIG>
          <REGTEXT PART="52" TITLE="40">
            <AMDPAR>Accordingly, the amendment to the table in § 52.2270(e) which added the entry for Vehicle Miles Traveled Offset Plan for the Houston/Galveston Ozone nonattainment area is withdrawn as of September 4, 2001. </AMDPAR>
          </REGTEXT>
          
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 01-22133 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 6560-50-P </BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <PRTPAGE P="46221"/>
        <AGENCY TYPE="S">ENVIRONMENTAL PROTECTION AGENCY </AGENCY>
        <CFR>40 CFR Part 141 </CFR>
        <DEPDOC>[FRL-7048-8] </DEPDOC>
        <SUBJECT>Unregulated Contaminant Monitoring Regulation for Public Water Systems; Amendment to the List 2 Rule and Partial Delay of Reporting of Monitoring Results </SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Environmental Protection Agency. </P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Direct final rule. </P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Safe Drinking Water Act (SDWA), as amended in 1996, requires the U.S. Environmental Protection Agency to establish criteria for a program to monitor unregulated contaminants and to publish a list of contaminants to be monitored. In fulfillment of this requirement, EPA published Revisions to the Unregulated Contaminant Monitoring Regulation (UCMR) for public water systems on September 17, 1999 (64 FR 50556), March 2, 2000 (65 FR 11372) and January 11, 2001 (66 FR 2273), which included lists of contaminants for which monitoring was required or would be required in the future. EPA is taking direct final action to correct an omission in the January 11, 2001, List 2 UCMR concerning laboratory certification. This correction will automatically approve laboratories of public water systems, that are certified to conduct compliance monitoring using Method 515.3, to also use Method 515.4 for UCMR analyses. Additionally, EPA is delaying requirements for the electronic reporting of unregulated contaminant monitoring results until its electronic reporting system is ready to accept data. The January 11, 2001, List 2 UCMR requires certain public water systems to start reporting the results of their unregulated contaminant monitoring to EPA electronically by July 1, 2001. This rule notifies such public water systems that the electronic reporting system that EPA is developing to accept monitoring data is not ready and that EPA is removing the reporting requirement until it is available. This action does not delay or suspend the implementation of any of the requirements of the Unregulated Contaminant Monitoring Regulations for sample collection and analysis on the previously established schedule. </P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>

          <P>This rule is effective on November 5, 2001, without further notice, unless EPA receives adverse comment by October 4, 2001. If we receive such comment, we will publish a timely withdrawal in the <E T="04">Federal Register</E> informing the public that this rule will not take effect. For judicial review purposes, this final rule is promulgated as of 1 p.m. ET on September 18, 2001 as provided in 40 CFR 23.7. </P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Please send an original and three copies of your comments and enclosures (including references) to docket number W-00-01-III, Comment Clerk, Water Docket (MC4101), USEPA, 1200 Pennsylvania Ave., NW Washington, DC 20460. Hand deliveries should be delivered to EPA's Water Docket at 401 M. St., Room EB57, Washington, DC. Commenters who want EPA to acknowledge receipt of their comments should enclose a self-addressed, stamped envelope. No facsimiles (faxes) will be accepted. Comments may also be submitted electronically to <E T="03">ow-docket@epamail.epa.gov.</E> Electronic comments must be submitted as a Word Perfect (WP) WP5.1, WP6.1 or WP8 file or as an ASCII file, avoiding the use of special characters and forms of encryption. Electronic comments must be identified by the docket number W-00-01-III. Comments and data will also be accepted on disks in WP 5.1, 6.1, 8 or ASCII file format. Electronic comments on this rule may be filed online at many Federal Depository Libraries. </P>
          <P>The record for this rulemaking has been established under docket number W-00-01-III and includes supporting documentation as well as printed, paper versions of electronic comments. The record is available for inspection from 9 to 4 p.m., Monday through Friday, excluding legal holidays at the Water Docket, EB 57, USEPA Headquarters, 401 M, Washington, DC. For access to docket materials, please call 202/260-3027 to schedule an appointment. </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Charles Job (202-260-7084) or Jeffrey Bryan (202-260-4934), Drinking Water Protection Division, Office of Ground Water and Drinking Water (MC-4607), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW, Washington, DC 20460. General information about UCMR may be obtained from the EPA Safe Drinking Water Hotline at (800) 426-4791. The Hotline operates Monday through Friday, excluding Federal holidays, from 9 a.m. to 5:30 p.m. ET. </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Potentially Regulated Entities </HD>
        <P>The regulated entities are public water systems. All large community and non-transient non-community water systems serving more than 10,000 persons are required to monitor under the UCMR. A community water system (CWS) means a public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents. Non-transient non-community water system (NTNCWS) means a public water system that is not a community water system and that regularly serves at least 25 of the same persons over 6 months per year. Only a national representative sample of community and non-transient non-community systems serving 10,000 or fewer persons are required to monitor under the UCMR. Transient non-community systems (i.e., systems that do not regularly serve at least 25 of the same persons over six months per year) are not required to monitor. States, Territories, and Tribes, with primacy to administer the regulatory program for public water systems under the Safe Drinking Water Act, sometimes conduct analyses to measure for contaminants in water samples and are regulated by this action. Categories and entities potentially regulated by this action include the following: </P>
        <GPOTABLE CDEF="xs115,r100,6" COLS="3" OPTS="L2,tp0,i1">
          <TTITLE>  </TTITLE>
          <BOXHD>
            <CHED H="1">Category </CHED>
            <CHED H="1">Examples of potentially regulated entities </CHED>
            <CHED H="1">NAICS </CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">State, Territorial and Tribal Governments</ENT>
            <ENT>States, Territories, and Tribes that analyze water samples on behalf of public water systems required to conduct such analysis; States, Territories, and Tribes that themselves operate community and non-transient non-community water systems required to monitor </ENT>
            <ENT>924110 </ENT>
          </ROW>
          <ROW>
            <ENT I="01">Industry </ENT>
            <ENT>Private operators of community and non-transient non-community water systems required to monitor </ENT>
            <ENT>221310 </ENT>
          </ROW>
          <ROW>
            <ENT I="01">Municipalities </ENT>
            <ENT>Municipal operators of community and non-transient non-community water systems required to monitor </ENT>
            <ENT>924110 </ENT>
          </ROW>
        </GPOTABLE>

        <P>This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. This table lists the types of entities that EPA is now aware of that could potentially be <PRTPAGE P="46222"/>regulated by this action. Other types of entities not listed in the table could also be regulated. If you have questions regarding the applicability of this action to a particular entity, consult one of the persons listed in the preceding <E T="02">FOR FURTHER INFORMATION CONTACT</E> section. </P>
        <HD SOURCE="HD1">I. Purpose of this Action </HD>

        <P>The purpose of this action is to correct an omission in the revised Unregulated Contaminant Monitoring Regulation (UCMR) and to delay the requirement to electronically report to EPA until EPA's electronic reporting system is ready to receive data. The revised UCMR was published in the <E T="04">Federal Register</E> on September 17, 1999 (64 FR 50556), and supplemented on March 2, 2000 (65 FR 11372) and January 11, 2001 (66 FR 2273). </P>
        <P>At § 141.40 (a)(5)(ii)(G)(1), EPA intended to provide automatic certification to laboratories of public water systems that are already certified to use EPA Method 515.3 to also use EPA Method 515.4 for unregulated contaminant monitoring analysis. Four analytical methods have been previously approved for the analysis of dimethyltetrachloroterephthalate acid (DCPA) degradates in UCMR monitoring. Three of these methods, EPA Methods 515.1, 515.2, and 515.3 are currently approved for drinking water compliance monitoring. A regulation has not yet been promulgated to approve EPA Method 515.4 for drinking water compliance monitoring. Since all other UCMR methods are currently approved for compliance monitoring, EPA stated in the January 11, 2001 UCMR preamble that laboratories certified to conduct compliance monitoring using these methods are automatically approved to conduct UCMR analysis using Method 515.4. The January 11, 2001 UCMR promulgated Method 515.4 for UCMR monitoring but failed to specify how laboratories would be certified to conduct analysis using Method 515.4. </P>
        <P>As discussed in the January 11, 2001 UCMR, EPA developed a revised version of EPA Method 515.3, titled EPA Method 515.4, which includes a wash step following hydrolysis. Method 515.4 was developed to eliminate the need for laboratories using Method 515.3 to reanalyze positive samples. Since Method 515.4 is procedurally the same as Method 515.3 except for the addition of a wash step, EPA is adding a sentence approving laboratories use of Method 515.4 if they are currently certified to perform compliance monitoring using Method 515.3. </P>
        <P>In addition, EPA is also amending the January 11, 2001, UCMR to delay reporting of unregulated contaminant monitoring data to EPA until EPA's electronic reporting system is ready to receive the data. Section 141.35(c) of the January 11, 2001, UCMR requires the following reporting from public water systems subject to UCMR monitoring: </P>
        
        <EXTRACT>
          <P>(c) <E T="03">When must I report monitoring results?</E> You must report the results of unregulated contaminant monitoring within thirty (30) days following the month in which you received the results from the laboratory. EPA will conduct its quality control review of the data for sixty (60) days after you report the data, which will also allow for quality control review by systems and States. After the quality control review, EPA will place the data in the national drinking water contaminant occurrence database at the time of the next database update. <E T="03">Exception: Reporting of monitoring results to EPA received by public water systems prior to June 30, 2001, must occur between July 1 and September 30, 2001.</E> (Italics added.) </P>
        </EXTRACT>
        
        <P>Public water systems must report these monitoring results to EPA electronically, as required in § 141.35(e). </P>
        <P>EPA was not able to have its electronic reporting system ready for reporting by July 1, 2001, as originally planned. Establishing a new information system for these results was more complex than EPA anticipated. The complexities of establishing a new information system for monitoring data that provides Internet based reporting include: use of a modern computer language not previously used by EPA information systems in a complex reporting structure; new reporting arrangements from laboratories directly to EPA, with electronic approval capability for public water systems and viewing rights for States and EPA; a new data exchange portal (EPA's Central Data Exchange—CDX); new security checks through CDX with subsequent testing; and, development of appropriate user guidance. </P>
        <P>Therefore, the affected regulated public water systems will not be able to comply with the requirements for reporting of unregulated contaminant monitoring results to EPA because the electronic reporting system is not operational. EPA, in this action, is delaying the current UCMR requirement to electronically report to the EPA. EPA anticipates that the electronic reporting system will be ready in two to three months. As soon as EPA knows for sure when the electronic reporting system will be available, EPA will undertake a rulemaking to specify the new electronic data submission date for data collected since January 1, 2001. </P>
        <P>EPA reiterates that this rule does not suspend the implementation of any of the Unregulated Contaminant Monitoring Regulations for sample collection and analysis on the previously established schedules. </P>
        <HD SOURCE="HD1">II. Administrative Requirements </HD>
        <HD SOURCE="HD2">A. Executive Order 12866—Regulatory Planning and Review </HD>
        <P>Under Executive Order 12866, (58 FR 51735 (October 4, 1993)) the Agency must determine whether the regulatory action is “significant” and therefore subject to Office of Management and Budget (OMB) review and the requirements of the Executive Order. The Order defines “significant regulatory action” as one that is likely to result in a rule that may: </P>
        <P>(1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or Tribal governments or communities; </P>
        <P>(2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; </P>
        <P>(3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or </P>
        <P>(4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order. </P>
        <P>It has been determined that this rule is not a “significant regulatory action” under the terms of Executive Order 12866. </P>
        <HD SOURCE="HD2">B. Executive Order 13045—Protection of Children From Environmental Health Risks and Safety Risks </HD>

        <P>Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any rule that: (1) Is determined to be “economically significant” as defined under Executive Order 12866, and (2) concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency. This rule is not subject to Executive Order 13045 because it is not “economically significant” under Executive Order 12866, nor does it concern an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. <PRTPAGE P="46223"/>
        </P>
        <HD SOURCE="HD2">C. Unfunded Mandates Reform Act </HD>
        <P>Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and Tribal governments and the private sector. Under section 202 of the UMRA, EPA generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with “Federal mandates” that may result in expenditures to State, local, and Tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year. Before promulgating an EPA rule for which a written statement is needed, section 205 of the UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost-effective or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows EPA to adopt an alternative other than the least costly, most cost-effective or least burdensome alternative if the Administrator publishes with the final rule an explanation why that alternative was not adopted. </P>
        <P>Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including Tribal governments, it must have developed under section 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. </P>
        <P>Today's rule contains no Federal mandates (under the regulatory provisions of Title II of the UMRA) for State, local, or Tribal governments or the private sector. The rule imposes no additional enforceable duty on any State, local or Tribal governments or the private sector. This rule does not change the costs to State, local, or Tribal governments as estimated in the final revisions to the Unregulated Contaminant Monitoring Rule (64 FR 50556, September 17, 1999; 65 FR 11372, March 2, 2000; and 66 FR 2273, January 11, 2001) because the rule approves laboratories for monitoring with EPA Method 515.4, and delays reporting of results to EPA until EPA's electronic reporting system is ready to accept data. The lab approval will not incur any additional costs to laboratories, and instead allows for an additional method to be used when analyzing for DCPA acid degradates. Thus, today's rule is not subject to the requirements of sections 202 and 205 of the UMRA. </P>
        <P>For the same reason, EPA has determined that this final rule contains no regulatory requirements that might significantly or uniquely affect small governments. Thus today's rule is not subject to the requirements of section 203 of UMRA. </P>
        <HD SOURCE="HD2">D. Paperwork Reduction Act </HD>

        <P>This action does not impose any new information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 <E T="03">et seq.</E> This rule makes minor revisions to the Unregulated Contaminant Monitoring Rule. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. </P>
        <P>An agency may not conduct or sponsor, and a person is not required to response to a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15. </P>
        <HD SOURCE="HD2">E. Regulatory Flexibility Act (RFA), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et seq. </HD>
        <P>The RFA generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to the notice-and-comment rulemaking requirement under the Administrative Procedure Act or any other statute unless the Agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small government jurisdictions. </P>

        <P>The RFA provides default definitions for each type of small entity. It also authorizes an agency to use alternative definitions for each category of small entity, “which are appropriate to the activities for the agency” after proposing the alternative definition(s) in the <E T="04">Federal Register</E> and taking comment. 5 U.S.C. secs. 601(3)-(5). In addition to the above, to establish an alternative small business definition, agencies must consult with the Small Business Administration's (SBA's) Chief Counsel for Advocacy. </P>

        <P>For purposes of assessing the impacts of today's rule on small entities, EPA considered small entities to be public water systems serving 10,000 or fewer persons. This is the cut-off level specified by Congress in the 1996 Amendments to the Safe Drinking Water Act for small system flexibility provisions. In accordance with the RFA requirements, EPA proposed using this alternative definition for all three categories of small entities in the <E T="04">Federal Register</E>, (63 FR 7620, February 13, 1998) requested public comment, consulted with SBA regarding the alternative definition as it relates to small businesses, and expressed its intention to use the alternative definition for all future drinking water regulations in the Consumer Confidence Reports regulation (63 FR 44511, August 19, 1998). As stated in that final rule, the alternative definition would be applied to this regulation as well. </P>
        <P>After considering the economic impacts of today's rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. This rule makes two minor revisions to the January 11, 2001 UCMR and imposes no additional enforceable duty on any State, local or Tribal governments or the private sector. It merely approves laboratories to conduct UCMR monitoring using EPA Method 515.4, and delays reporting of results to EPA until the EPA electronic reporting system is ready to accept data. The lab approval revision will not increase laboratory costs. It allows for an additional method to be used when analyzing for DCPA acid degradates. </P>
        <HD SOURCE="HD2">F. National Technology Transfer and Advancement Act </HD>

        <P>Section 12 (d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104-113 Section 12(d) (15 U.S.C. 272 note), directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus <PRTPAGE P="46224"/>standards are technical standards (e.g., material specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. The NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. </P>
        <P>EPA's use of voluntary consensus standards in the UCMR program and approval of Method 515.4 was addressed in the September 1999 and January 2001 rulemakings (64 FR 50608 and 66 FR 2298). This action does not involve technical standards. Therefore, EPA did not consider the use of any voluntary consensus standards. </P>
        <HD SOURCE="HD2">G. Executive Order 12898—Environmental Justice Strategy </HD>
        <P>Executive Order 12898 establishes a Federal policy for incorporating environmental justice into Federal agency missions by directing agencies to identify and address disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority and low-income populations. Today's rule makes two minor changes to the January 11, 2001 UCMR, and does not alter the regulatory impact of those regulations. </P>
        <HD SOURCE="HD2">H. Executive Order 13132—Federalism </HD>
        <P>Executive Order 13132, entitled “Federalism” (64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure “meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.” “Policies that have federalism implications” is defined in the Executive Order to include regulations that have “substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.” </P>
        <P>This rule does not have federalism implications. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. Today's rule makes two minor changes to the January 11, 2001 UCMR, approving laboratories currently certified to conduct analyses using EPA Method 515.3 to use EPA Method 515.4 for UCMR analysis, and delaying reporting of results to EPA until the EPA electronic reporting system is ready to accept data. There is no cost to State and local governments, and the rule does not preempt State law. Thus, Executive Order 13132 does not apply to this rule. </P>
        <HD SOURCE="HD2">I. Executive Order 13175—Consultation and Coordination with Indian Tribal Governments </HD>
        <P>Executive Order 13175, entitled “Consultation and Coordination with Indian Tribal Governments” (65 FR 67249, November 6, 2000), requires EPA to develop an accountable process to ensure “meaningful and timely input by Tribal officials in the development of regulatory policies that have Tribal implications.” “Policies that have Tribal implications” is defined in the Executive Order to include regulations that have “substantial direct effects on one or more Indian tribes, on the relationship between the Federal government and the Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes.” </P>
        <P>This rule does not have Tribal implications. It will not have substantial direct effects on Tribal governments, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes, as specified in Executive Order 13175. Today's rule makes minor changes to the January 11, 2001 UCMR. Thus, Executive Order 13175 does not apply to this rule. </P>
        <HD SOURCE="HD2">J. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use </HD>

        <P>Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355 (May 22, 2001)), provides that agencies shall prepare and submit to the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, a Statement of Energy Effects for certain actions identified as “significant energy actions.” Section 4(b) of Executive Order 13211 defines “significant energy actions” as “any action by an agency (normally published in the <E T="04">Federal Register</E>) that promulgates or is expected to lead to the promulgation of a final rule or regulation, including notices of inquiry, advance notices of proposed rulemaking, and notices of proposed rulemaking: (1)(i) That is a significant regulatory action under Executive Order 12866 or any successor order, and (ii) is likely to have a significant adverse effect on the supply, distribution, or use of energy; or (2) that is designated by the Administrator of the Office of Information and Regulatory Affairs as a significant energy action.” </P>
        <P>This rule is not subject to Executive Order 13211 because it is not a significant regulatory action under Executive Order 12866. </P>
        <HD SOURCE="HD2">K. Administrative Procedure Act </HD>

        <P>EPA is publishing this rule without prior proposal because it views this as a noncontroversial amendment and anticipates no adverse comment. EPA does not anticipate adverse comment because this rule provides labs with another Method to perform analyses at no cost to them, as well as delays the need for applicable public water systems to report monitoring data, again, at no cost to the public water systems. However, in the “Proposed Rule” section of today's <E T="04">Federal Register</E> publication, EPA is publishing a separate document that will serve as the proposal for the correction to the Unregulated Contaminant Monitoring Regulation for Public Water Systems if adverse comments are filed. This rule will be effective on November 5, 2001 without further notice unless EPA receives adverse comment by October 4, 2001. If EPA receives adverse comment, it will publish a timely withdrawal in the <E T="04">Federal Register</E> informing the public that the rule will not take effect. EPA will address all public comments in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. </P>
        <HD SOURCE="HD2">L. Congressional Review Act </HD>
        <P>The Congressional Review Act, 5 U.S.C. 801 <E T="03">et seq.</E>, as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the <E T="04">Federal Register</E>. A major rule cannot take effect until 60 days after it is published in the <E T="04">Federal Register</E>. This action is not a “major rule” as defined by 5 U.S.C. § 804(2). This rule will be effective on November 5, 2001. </P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 40 CFR Part 141 </HD>
          <P>Environmental protection, Chemicals, Indian <PRTPAGE P="46225"/>lands, Intergovernmental relations, Radiation protection, Reporting and recordkeeping requirements, Water supply.</P>
        </LSTSUB>
        <SIG>
          <DATED>Dated: August 28, 2001. </DATED>
          <NAME>Christine Todd Whitman, </NAME>
          <TITLE>Administrator. </TITLE>
        </SIG>
        <REGTEXT PART="141" TITLE="40">
          <AMDPAR>For the reasons set out in the preamble, title 40 of the Code of Federal Regulations is amended as follows: </AMDPAR>
          <PART>
            <HD SOURCE="HED">PART 141—NATIONAL PRIMARY DRINKING WATER REGULATIONS </HD>
          </PART>
          <AMDPAR>1. The authority citation for part 141 continues to read as follows: </AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>42 U.S.C. 300f, 300g-l, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-4, 300j-9, and 300j-11. </P>
          </AUTH>
        </REGTEXT>
        <REGTEXT PART="141" TITLE="40">
          <AMDPAR>2. Section 141.35 is amended by revising the last sentence in paragraph (c) to read as follows: </AMDPAR>
          <SECTION>
            <SECTNO>§ 141.35 </SECTNO>
            <SUBJECT>Reporting of unregulated contaminant monitoring results. </SUBJECT>
            <STARS/>
            <P>(c) * * * Exception: Reporting of monitoring results to EPA is not required until EPA's electronic reporting system is operational; EPA will provide notice of applicable reporting deadlines in a future rulemaking. </P>
            <STARS/>
          </SECTION>
        </REGTEXT>
        <REGTEXT PART="141" TITLE="40">

          <AMDPAR>3. Section 141.40 is amended by adding a sentence to the end of paragraph (a)(5)(ii)(G)(<E T="03">1</E>) to read as follows: </AMDPAR>
          <SECTION>
            <SECTNO>§ 141.40 </SECTNO>
            <SUBJECT>Monitoring requirements for unregulated contaminants. </SUBJECT>
            <P>(a) * * * </P>
            <P>(5) * * * </P>
            <P>(ii) * * * </P>
            <P>(G) * * * </P>
            <P>(<E T="03">1</E>) * * * Laboratories certified under § 141.28 for compliance analysis using EPA Method 515.3 are automatically approved to conduct UCMR analysis using EPA Method 515.4. </P>
            <STARS/>
          </SECTION>
        </REGTEXT>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22114 Filed 8-29-01; 2:33 pm] </FRDOC>
      <BILCOD>BILLING CODE 6560-50-P </BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF HEALTH AND HUMAN SERVICES </AGENCY>
        <CFR>45 CFR Part 96</CFR>
        <SUBJECT>Tobacco Regulation and Maintenance of Effort Reporting Requirements for Substance Abuse Prevention and Treatment Block Grant Applicants </SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Substance Abuse and Mental Health Services Administration, HHS. </P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Interim final rule. </P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This interim final rule clarifies that States may no longer obtain extensions to submit the maintenance of effort (MOE) information required under section 1930(c) of the Public Health Service (PHS) Act; separates the annual report required under section 1926(b)(2)(B) (hereinafter referred to as the Synar report), of that Act, from the Substance Abuse Prevention and Treatment (SAPT) Block Grant application; and establishes a deadline for submission of the Synar report of no later than December 31 of the fiscal year for which a State is applying for a grant. </P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Effective Date:</E> September 4, 2001. </P>
          <P>
            <E T="03">Comment Date:</E> The Secretary is requesting written comments which must be received on or before November 5, 2001. </P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Written comments on this interim final rule must be sent to David Robbins, Acting Director, Division of State and Community Systems Development, Center for Substance Abuse Prevention (CSAP), Rockwall II Building, 9th Floor, 5600 Fishers Lane, Rockville, MD 20857. </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>David Robbins, telephone no. (301) 443-0369. </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>States are required under sections 1930(c) and 1932(a)(5) of the PHS Act and 45 CFR 96.122(d) to submit to the Secretary maintenance of effort information regarding State expenditures. The required MOE information must be sufficient to make a determination of whether the principal agency for substance abuse services maintained aggregate State expenditures for these activities at a level not less than the average level of such State expenditures for the two year period preceding the fiscal year for which the State is applying for a grant. The MOE information is required, by statute, to be submitted as a part of the SAPT Block Grant application. </P>
        <P>In SAMHSA's recent reauthorization, Pub. L. 106-310 (Oct. 17, 2000), Congress established a receipt date for the SAPT Block Grant application of October 1 of the fiscal year for which a State is seeking Federal funds. Previously, the SAPT Block Grant application due date was established by regulation and the States were permitted by regulation to receive an extension allowing them to submit the MOE information no later than December 31. See former 45 CFR 96.122(d). However, because the statute now requires States to submit their SAPT Block Grant applications by October 1 and there is no authority for the Secretary to extend the deadline for submission of the MOE information, this rule clarifies that States must submit such information by October 1 and may no longer obtain extensions of that deadline. This clarification is merely a technical change to make the regulation consistent with what is explicitly required by statute. </P>
        <P>With regard to the Synar report, States are required under section 1926(b)(2)(B) of the PHS Act and 45 CFR 96.130(e) to annually submit to the Secretary a report describing, among other things, their efforts to enforce youth tobacco access laws and success during the previous fiscal year for which the State is applying for a grant. The Synar report is currently required, by regulation only, to be submitted as part of the SAPT Block Grant application. </P>
        <P>As mentioned above, in SAMHSA's recent reauthorization, Congress established a receipt date for the SAPT Block Grant application of October 1 of the fiscal year for which a State is seeking Federal funds. Previously, by regulation, the States were permitted to receive an extension allowing them to submit the Synar report by no later than December 31. See 45 CFR 96.122(d). </P>
        <P>A number of States informed SAMHSA that they required additional time beyond October 1 to complete their Synar reports and would not be able to meet the statutory due date of October 1; thus would be in jeopardy of losing their SAPT Block Grant funding. </P>
        <P>Many States need the later due date for the Synar report because they rely on youth to perform a central function in the work required for compliance with the program; that is, these youth attempt to buy, under adult supervision, tobacco products from tobacco outlets to determine retailer compliance with State laws. These youth inspectors are only available to many of the States during the summer school recess. Without a rule change, States have essentially one month to collate data, complete data analysis and report on the results by the new October 1 SAPT Block Grant application deadline. Providing States the opportunity to continue to submit their Synar reports as late as December 31 ensures that all States will have the necessary time to meet the Synar reporting requirements, thus enabling them to receive their SAPT Block Grant funds. </P>

        <P>Because of the burden on States, the Department is changing the rule to separate the Synar report from the SAPT Block Grant application and to require that the Synar report be submitted no later than December 31 of the Federal <PRTPAGE P="46226"/>fiscal year for which a State is seeking funds. </P>
        <P>Although the annual report is not required as a matter of law to be part of the SAPT Block Grant application (see section 1932 of the PHS Act), the statute does require that the SAPT Block Grant application contain each funding agreement required by the law. Further, before making a grant to a State, the Secretary must make a determination of compliance with section 1926 of the PHS Act. See sections 1926(c) and 1932(a)(2) of the PHS Act. Therefore, the rule is also being changed, first, to require an assurance, as part of the SAPT Block Grant application, that the State will submit the annual Synar report as required by the rule. Second, it is being changed to make it clear that an award will not be made without the Synar report, since the rule requires that retailer noncompliance rates be considered in determining State compliance with section 1926 of the PHS Act and its implementing regulations. See 45 CFR 96.130(h). </P>
        <P>As to issuing an interim final rule, it is the Department's view that good cause exists to show that notice and comment are impracticable, unnecessary, and contrary to the public interest, 5 U.S.C. 553(b)(B). There is insufficient time before the SAPT Block Grant applications are due for fiscal year 2002 (October 1, 2001) to solicit public comment and to respond to such comment prior to that date. Not only is seeking comment prior to finalizing the rule impracticable in light of the time constraints, but States are in jeopardy of not being awarded their SAPT Block Grants if they do not submit by October 1 the required application which, without this rule change, must include the Synar report. Given that the SAPT Block Grant is the largest source of Federal funds for substance abuse prevention and treatment services, jeopardizing these funds to allow for public comment is contrary to the public interest. </P>
        <P>Further, at this time, public comment is not necessary given the technical nature of this rule change. As indicated above, the clarification regarding the MOE report simply makes the regulation consistent with the recent change in statute. With respect to the Synar report, requiring that report to be submitted by December 31 of the fiscal year for which the State is applying for a grant does not substantively change the previous requirement on the States regarding the due date for the Synar report. In fact, public comment was solicited last year when SAMHSA changed the rule to require that the States submit their SAPT Block Grant applications (including the Synar report) by October 1 and provide the States the opportunity for extensions to December 31 to submit the Synar reports. See 65 FR 5474 (Feb. 4, 2000); 65 FR 45305 (July 21, 2000). Also, more recently, SAMHSA has received comments from the States about the impact of the October 1 deadline on their ability to complete and report on the Synar requirements through numerous sources (e.g., the annual conference of the National Association of State Alcohol and Drug Abuse Directors, June 2001). All commenters supported allowing the States additional time to submit their Synar reports. </P>
        <P>For similar reasons, this regulation is effective immediately. Delaying the effective date for a period of thirty days is impracticable, unnecessary and contrary to the public interest. </P>
        <P>Although the rule is being published as an interim final rule and is effective immediately, the Secretary is providing an opportunity for public comment. The Secretary will consider any comments and, after such consideration, make any necessary amendments in a final rule. </P>
        <HD SOURCE="HD1">Economic Impact </HD>
        <P>This rule does not have cost implications for the economy of $100 million, nor does this interim final rule otherwise meet the criteria for a major rule under Executive Order 12866. Therefore, this interim final rule does not require a regulation impact analysis. Further, this regulation will not have a significant impact on substantial numbers of small entities, and consequently does not require regulatory flexibility analysis under the Regulatory Flexibility Act of 1980. </P>
        <HD SOURCE="HD1">Federalism Impact </HD>
        <P>The Secretary has analyzed this interim final rule in accordance with Executive Order 13132, which requires Federal agencies to carefully examine actions to determine if they contain policies that have federalism implications or that pre-empt State law. Because this interim final rule simply separates out the Synar report, while continuing its previous due date, it does not preempt any State law and there should be little, if any, impact on federalism concerns. </P>
        <HD SOURCE="HD1">Regulatory Evaluation </HD>
        <P>This interim final rule is not a significant regulatory action under section 3(f) of the Executive Order 12866 and does not require an assessment of the potential costs and benefits under section 6(a)(3) of that Order and thus has been exempted from review by the Office of Management and Budget under that Order. </P>
        <HD SOURCE="HD1">Paperwork Reduction Act of 1995 </HD>
        <P>The changes to the annual “Synar report” and the annual Substance Abuse Prevention and Treatment Block Grant (SAPT BG) application for Fiscal Years 2002-2004 have been approved by the Office of Management and Budget (OMB) under control number 0930-0222 (for the Synar report) and 0930-0080 (for the SAPT BG application). The information collection language and the recordkeeping requirements associated with the regulations for the SAPT BG are approved by OMB under control number 0930-0163. </P>
        <P>The changed forms for both the Synar report and the SAPT BG application for FY 2002-2004, as approved by OMB, have already been sent to the States prior to publication of this rule in order to allow sufficient time for proper reporting. </P>
        <LSTSUB>
          <HD SOURCE="HED">Lists of Subjects in 45 CFR Part 96</HD>
          <P>Alcohol abuse, Alcoholism, Drug abuse, Tobacco. </P>
        </LSTSUB>
        <SIG>
          <APPR>Approved: August 27, 2001.</APPR>
          <NAME>Tommy G. Thompson,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
        <REGTEXT PART="96" TITLE="45">
          <AMDPAR>For the reasons set out in the preamble, Part 96 of Title 45 of the Code of Federal Regulations is amended as follows: </AMDPAR>
          <AMDPAR>1. The authority citation for Subpart L of Part 96 continues to read as follows: </AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>42 U.S.C. 330x-21 to 330x-35 and 300x-51 to 330x-64. </P>
          </AUTH>
          
        </REGTEXT>
        <REGTEXT PART="96" TITLE="45">
          <AMDPAR>2. Section 96.122 is amended as follows:</AMDPAR>
          <AMDPAR>a. By revising paragraphs (d) and (f)(6) to read as set forth below; and</AMDPAR>
          <AMDPAR>b. By removing paragraph (g)(21) and redesignating paragraphs (g)(22) and (g)(23) as paragraphs (g)(21) and (g)(22).</AMDPAR>
          <P>The revised text reads as follows:</P>
          <SECTION>
            <SECTNO>§ 96.122</SECTNO>
            <SUBJECT>Application content and procedures.</SUBJECT>
            <STARS/>
            <P>(d) The State shall submit the application for a block grant by the date prescribed by law. The annual report required under § 96.130(e) is not required to be submitted as part of the application, but must be submitted no later than December 31 of the fiscal year for which the State is seeking a grant. Grant awards will not be made without the report required under § 96.130(e). </P>
            <STARS/>
            <P>(f) * * * </P>

            <P>(6) For the first applicable fiscal year for which the State is applying for a grant, a copy of the statute enacting the <PRTPAGE P="46227"/>law as described in § 96.130(b) and, for subsequent fiscal years for which the State is applying for a grant, any amendment to the law described in § 96.130(b). </P>
            <STARS/>
          </SECTION>
        </REGTEXT>
        <REGTEXT PART="96" TITLE="45">
          <AMDPAR>3. Section 96.123(a)(5) is revised to read as follows:</AMDPAR>
          <SECTION>
            <SECTNO>§ 96.123</SECTNO>
            <SUBJECT>Assurances.</SUBJECT>
            <P> (a) * * * </P>
            <P>(5) The State has a law in effect making it illegal to sell or distribute tobacco products to minors as provided in § 96.130(b), will conduct annual, unannounced inspections as prescribed in § 96.130, will enforce such law in a manner that can reasonably be expected to reduce the extent to which tobacco products are available to individuals under the age of 18, and will submit an annual report as required under § 96.122(d) and § 96.130(e); </P>
            <STARS/>
          </SECTION>
        </REGTEXT>
        <REGTEXT PART="96" TITLE="45">
          <AMDPAR>4. Section 96.130(e), introductory text is revised to read as follows:</AMDPAR>
          <SECTION>
            <SECTNO>§ 96.130(e)</SECTNO>
            <SUBJECT>State law regarding sale of tobacco products to individuals under age of 18.</SUBJECT>
            <STARS/>
            <P>(e) As provided by § 96.122(d), the State shall annually submit to the Secretary a report which shall include the following: </P>
          </SECTION>
        </REGTEXT>
        <STARS/>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22129 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 4162-20-P </BILCOD>
    </RULE>
  </RULES>
  <VOL>66</VOL>
  <NO>171</NO>
  <DATE>Tuesday, September 4, 2001</DATE>
  <UNITNAME>Proposed Rules</UNITNAME>
  <PRORULES>
    <PRORULE>
      <PREAMB>
        <PRTPAGE P="46228"/>
        <AGENCY TYPE="F">DEPARTMENT OF AGRICULTURE </AGENCY>
        <SUBAGY>Animal and Plant Health Inspection Service </SUBAGY>
        <CFR>9 CFR Part 94 </CFR>
        <DEPDOC>[Docket No. 01-010-1] </DEPDOC>
        <SUBJECT>Change in Disease Status of Japan With Regard to Foot-and-Mouth Disease </SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Animal and Plant Health Inspection Service, USDA. </P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Proposed rule. </P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>We are proposing to amend the regulations to add Japan to the list of regions that are considered free of rinderpest and foot-and-mouth disease. We are taking this action because we have determined that Japan is now free of foot-and-mouth disease. We are also proposing to add Japan to the list of regions that are subject to certain restrictions because of their proximity to or trading relationships with rinderpest- or foot-and-mouth disease-affected countries. These actions would update the disease status of Japan with regard to foot-and-mouth disease while continuing to protect the United States from an introduction of rinderpest and foot-and-mouth disease by providing additional requirements for any meat and meat products imported into the United States from Japan. </P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>We invite you to comment on this docket. We will consider all comments that we receive by November 5, 2001. </P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Please send four copies of your comment (an original and three copies) to: Docket No. 01-010-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. </P>
          <P>Please state that your comment refers to Docket No. 01-010-1. </P>
          <P>You may read any comments that we receive on this docket in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 690-2817 before coming. </P>
          <P>APHIS documents published in the <E T="04">Federal Register</E>, and related information, including the names of organizations and individuals who have commented on APHIS dockets, are available on the Internet at http://www.aphis.usda.gov/ppd/rad/webrepor.html. </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Dr. Gary Colgrove, Chief Staff Veterinarian, National Center for Import and Export, VS, APHIS, 4700 River Road Unit 38, Riverdale, MD 20737-1231; (301) 734-3276. </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Background </HD>
        <P>The regulations in 9 CFR part 94 (referred to below as the regulations) govern the importation of certain animals and animal products into the United States in order to prevent the introduction of various diseases, including rinderpest, foot- and-mouth disease (FMD), African swine fever, hog cholera, and swine vesicular disease. These are dangerous and destructive communicable diseases of ruminants and swine. Section 94.1 of the regulations lists regions of the world that are declared free of rinderpest or free of both rinderpest and FMD. Rinderpest or FMD exists in all other parts of the world not listed. Section 94.11 of the regulations lists regions of the world that have been determined to be free of rinderpest and FMD, but that are subject to certain restrictions because of their proximity to or trading relationships with rinderpest- or FMD-affected regions. </P>
        <P>On March 8, 2000, a suspected outbreak of FMD was detected in Japan, and on March 27, 2000, Japan's Ministry of Agriculture notified us with confirmation of the FMD diagnosis. In an interim rule effective on March 8, 2000, and affirmed on July 14, 2000, we amended the regulations in § 94.1(a)(2) by removing Japan from the list of regions that have been declared free of rinderpest and FMD. (Although Japan continues to be free of rinderpest, § 94.1(a)(2) lists regions that are declared free of both rinderpest and FMD.) Additionally, in that interim rule, we removed Japan from the list in § 94.11 of countries that are declared to be free of these diseases, but that are still subject to certain restrictions because of their proximity to or trading relationships with rinderpest- or FMD-affected regions. As a result of that action, the importation into the United States of any ruminant or swine or any fresh (chilled or frozen) meat of any ruminant or swine that left Japan on or after March 8, 2000, was prohibited or restricted. </P>
        <P>Prior to the March 2000 outbreak of FMD, Japan had not had a case of FMD since the early 1900's. In response to the March 2000 outbreak of FMD, Japan undertook intensive efforts to eradicate the disease. Japan's last FMD-affected premises was depopulated on May 15, 2000. According to international disease standards set by the Office International des Epizooties, when FMD occurs in a country that was previously free of the disease, that country can regain its FMD-free status 3 months after the last case. </P>
        <P>Therefore, because at least 3 months have elapsed since Japan's last FMD case, we have determined that Japan meets our requirements for being recognized as free of FMD. To update Japan's disease status regarding FMD, we are proposing to add Japan to the list in § 94.1(a)(2) of regions that are considered free of rinderpest and FMD. </P>
        <P>This proposed action would relieve certain restrictions due to FMD and rinderpest on the importation into the United States of certain live animals and animal products from Japan. However, because Japan has certain trade practices regarding animals and animal products that are less restrictive than are acceptable for importation into the United States, the importation of meat and other products from ruminants and swine into the United States from Japan would continue to be subject to certain restrictions. </P>

        <P>Specifically, we are proposing to add Japan to the list in § 94.11(a) of regions declared free of rinderpest and FMD but that are subject to special restrictions on the importation of their meat and other animal products into the United States. The regions listed in § 94.11(a) are subject to these special restrictions because they: (1) Supplement their national meat supply by importing fresh (chilled or frozen) meat of ruminants or <PRTPAGE P="46229"/>swine from regions that are designated in § 94.1(a) as regions where rinderpest or FMD exists, (2) have a common land border with regions where rinderpest or FMD exists, or (3) import ruminants or swine from regions where rinderpest or FMD exists under conditions less restrictive than would be acceptable for importation into the United States. </P>
        <P>Japan imports live ruminants and swine from regions not recognized as free of rinderpest or FMD under conditions less restrictive than would be acceptable for importation into the United States. As a result, there is some risk that the meat and other animal products produced by Japan could be commingled with the fresh (chilled or frozen) meat of animals from a region in which rinderpest and FMD exist and present an undue risk of introducing rinderpest or FMD into the United States if imported without restriction. </P>
        <P>Under § 94.11, meat and other animal products of ruminants and swine, including ship stores, airplane meals, and baggage containing these meat or animal products, may not be imported into the United States except in accordance with § 94.11 and the applicable requirements of the USDA's Food Safety and Inspection Service at 9 CFR chapter III. </P>
        <P>Section 94.11 generally requires that the meat and other animal products of ruminants and swine be: (1) Prepared in an inspected establishment that is eligible to have its products imported into the United States under the Federal Meat Inspection Act; and (2) accompanied by an additional certificate, issued by a full-time salaried veterinary official of the national government of the exporting region, assuring that the meat or other animal products have not been commingled with or exposed to meat or other animal products originating in, imported from, transported through, or that have otherwise been in a region where rinderpest or FMD exists. </P>
        <HD SOURCE="HD1">Executive Order 12866 and Regulatory Flexibility Act </HD>
        <P>This proposed rule has been reviewed under Executive Order 12866. For this action, the Office of Management and Budget has waived its review process required by Executive Order 12866. </P>
        <P>We are proposing to amend the regulations to add Japan to the list of regions that are considered free of rinderpest and FMD. We are taking this action because we have determined that Japan is now free of FMD. We are also proposing to add Japan to the list of regions that are subject to certain restrictions because of their proximity to or trading relationships with rinderpest- or FMD-affected countries. These actions would update the disease status of Japan with regard to FMD while continuing to protect the United States from an introduction of rinderpest and FMD by providing additional requirements for any meat and meat products imported into the United States from Japan. </P>
        <P>The following analysis addresses the economic effect of this proposed rule on small entities, as required by the Regulatory Flexibility Act. </P>
        <P>The livestock industry plays a significant role in the U.S. economy. According to the National Agricultural Statistics Service, in 2000, the total number of cattle and calves in the United States was approximately 98.05 million, valued at approximately $67.01 billion. U.S. operations with cattle numbered 1,115,650 in 1997, the last year for which census data are available. More than 99 percent of these cattle operations had gross receipts of less than $750,000, which qualifies them as small entities according to the standards set by the Small Business Administration. </P>
        <P>The U.S. livestock industry also plays an important role in international trade. U.S. competitiveness in international markets relies significantly upon this country's reputation for producing high-quality, disease-free animals and animal products. Maintaining these favorable trade conditions depends, in part, on continued aggressive efforts to prevent any threat of FMD introduction into the United States. A single outbreak of FMD anywhere in the United States would close our major export markets for livestock and livestock products overnight. Most exports of meat, animals, and animal byproducts would be stopped until the disease was completely eradicated. </P>
        <P>In 1999, the total earnings from U.S. exports of live cattle, swine, beef and veal, pork, and dairy products to the rest of the world were approximately $4.80 billion. Additionally, the export of other animals and animal products and byproducts generated approximately $5.64 billion in sales for the United States. Consequently, an outbreak of FMD could result in the potential loss of export sales in the billions of dollars as well as other costs to those involved in the U.S. livestock industry. </P>
        <P>Because we would declare Japan to be free of FMD but subject to the restrictions of § 94.11 due to its trading relationships with rinderpest- or FMD-affected regions, this proposed rule would produce economic benefits by continuing to protect against the introduction of rinderpest and FMD into the United States. Import values of dairy products, red meat, and red meat products represented less than 0.01 percent of the overall value of U.S. imports from Japan in 1999. Since Japan is not a significant source, and is not expected to become a significant source, of these products for the U.S. market, this proposed rule, if adopted, would not have a noticeable effect on producer, wholesale, or consumer prices in the United States. Therefore, we expect that there would be very little or no effect on U.S. entities, large or small, as a result of this proposed rule. </P>
        <P>Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action would not have a significant economic impact on a substantial number of small entities. </P>
        <HD SOURCE="HD1">Executive Order 12988</HD>
        <P>This proposed rule has been reviewed under Executive Order 12988, Civil Justice Reform. If this proposed rule is adopted: (1) All State and local laws and regulations that are inconsistent with this rule will be preempted; (2) no retroactive effect will be given to this rule; and (3) administrative proceedings will not be required before parties may file suit in court challenging this rule.</P>
        <HD SOURCE="HD1">Paperwork Reduction Act</HD>

        <P>This proposed rule contains no information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 <E T="03">et seq.</E>).</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 9 CFR Part 94</HD>
          <P>Animal diseases, Imports, Livestock, Meat and meat products, Milk, Poultry and poultry products, Reporting and recordkeeping requirements.</P>
        </LSTSUB>
        
        <P>Accordingly, we are proposing to amend 9 CFR part 94 as follows:</P>
        <PART>
          <HD SOURCE="HED">PART 94—RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL PLAGUE), EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, HOG CHOLERA, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS</HD>
          <P>1. The authority citation for part 94 would continue to read as follows:</P>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>7 U.S.C. 450, 7711, 7712, 7713, 7714, 7751, and 7754; 19 U.S.C. 1306; 21 U.S.C. 111, 114a, 134a, 134b, 134c, 134f, 136, and 136a; 31 U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR 2.22, 2.80, and 371.4.</P>
          </AUTH>
          <SECTION>
            <SECTNO>§ 94.1</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
            <P>2. In § 94.1, paragraph (a)(2) would be amended by adding, in alphabetical order, the word “Japan,”.</P>
          </SECTION>
          <SECTION>
            <PRTPAGE P="46230"/>
            <SECTNO>§ 94.11</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
            <P>3. In § 94.11, paragraph (a), the first sentence would be amended by adding, in alphabetical order, the word “Japan,”.</P>
          </SECTION>
          <SIG>
            <DATED>Done in Washington, DC, this 28th day of August 2001.</DATED>
            <NAME>Craig A. Reed,</NAME>
            <TITLE>Administrator, Animal and Plant Health Inspection Service.</TITLE>
          </SIG>
        </PART>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22134 Filed 8-31-01; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3410-34-U</BILCOD>
    </PRORULE>
    <PRORULE>
      <PREAMB>
        <AGENCY TYPE="N">NUCLEAR REGULATORY COMMISSION</AGENCY>
        <CFR>10 CFR Parts 2, 20, and 50</CFR>
        <RIN>RIN 3150-AG56</RIN>
        <SUBJECT>Releasing Part of a Power Reactor Site or Facility for Unrestricted Use Before the NRC Approves the License Termination Plan</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Nuclear Regulatory Commission.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Proposed rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to standardize the process for allowing a power reactor licensee to release part of its facility or site for unrestricted use before the NRC approves the license termination plan (LTP). This type of release is termed a “partial site release.” The proposed rule would identify the criteria and regulatory framework that a licensee would use to request NRC approval for a partial site release and provide additional assurance that residual radioactivity would meet the radiological criteria for license termination, even if parts of the site were released before a licensee submits its LTP to the NRC. Also the proposed rule would clarify that the radiological criteria for unrestricted use apply to a partial site release.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>The comment period expires on November 19, 2001. Comments received after this date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before this date.</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff. Deliver comments to 11555 Rockville Pike, Rockville, Maryland, between 7:30 am and 4:15 pm on Federal workdays.</P>

          <P>You also may provide comments via the NRC's interactive rulemaking Website (http://ruleforum.llnl.gov). This site provides the capability to upload comments as files (any format), if your Web browser supports that function. For information about the interactive rulemaking Website, contact Ms. Carol Gallagher, (301) 415-5905, e-mail: <E T="03">cag@nrc.gov.</E>
          </P>

          <P>Documents may be examined, and/or copied for a fee, at the NRC's Public Document Room, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the ADAMS Public Library component on the NRC Web site (the Electronic Reading Room), <E T="03">www.nrc.gov.</E>
          </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Mr. W. Mike Ripley, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1112; or by Internet electronic mail to wmr@nrc.gov.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Background</HD>
        <P>Compliance with the decommissioning and license termination rules of 10 CFR parts 20, and 50 ensures adequate protection to the public and the environment from any radioactivity remaining in the facility and site when the reactor license is terminated. The NRC staff makes its determination that the licensee has met the license termination criteria using information submitted by the licensee in its LTP and final radiation survey. The LTP is not required until 2 years before the anticipated date of license termination. The license termination radiation survey is not required until after the licensee completes its decontamination activities. These requirements were based on the NRC's anticipation that reactor licensees would permanently cease operations and then perform the decommissioning and license termination of the site as one large project. However, in 1999, a licensee informed the staff that it intended to sell parts of its facility and site before it permanently ceased operations. It was not clear whether NRC approval was required for the sale. As a result, the staff was faced with the need to evaluate the adequacy of the licensee's proposed action before the licensee was required to submit the information required by the LTP and the final radiation survey.</P>
        <P>In evaluating the staff's response to the proposed sale of parts of the licensee's facility and site, a number of actions specific to the case were taken to ensure that the property would meet the radiological release criteria for unrestricted use of 10 CFR part 20, subpart E.</P>
        <P>However, the NRC recognized that the current regulations in 10 CFR part 50 do not address the release of part of a reactor facility or site for unrestricted use, or require a licensee to obtain NRC approval of a partial site release. Thus, there is not a specific requirement to meet the release criteria under 10 CFR part 20, subpart E, for a partial site release. The NRC also noted that for purposes of Subpart E, the boundary of a site is defined in 10 CFR 20.1003 as “that line beyond which the land or property is not owned, leased, or otherwise controlled by the licensee.” One could argue as a consequence of this definition that the “site,” which is licensed under 10 CFR part 50 and is subject to the license termination and decommissioning requirements of 10 CFR 50.82 and 10 CFR part 20, subpart E, can be changed by selling the property.</P>

        <P>The purpose of the License Termination Rule (LTR) (61 FR 39301; July 29, 1996, as amended at 62 FR 39091; July 21, 1997) and 10 CFR 50.82 is to ensure that the residual radioactivity for the licensed activity is within the criteria of the LTR. To avoid licensees taking a piecemeal approach to license termination, the LTP must consider the entire site as defined in the original license, along with subsequent modifications to the site boundary, to ensure that the entire area meets the radiological release requirements of 10 CFR part 20, subpart E, at the time the license is terminated. Therefore, the purpose of the LTR is to consider the whole site for application of the release criteria. That is, any site area controlled during the term of the license must be considered. The proposed rule would clarify this purpose and not establish new policies or standards. Although no further surveys of previously released areas are anticipated, the dose assessment in the LTP must account for possible dose contributions associated with previously released areas in order to ensure that the entire area meets the radiological release requirements of 10 CFR part 20, subpart E, (0.25 mSv/yr [25 mrem/yr] reduced to as low as reasonably achievable [ALARA]) at the time the license is terminated. The proposed requirement that licensees maintain records of property line changes and the radiological conditions of partial site releases ensures that these potential dose contributions can be adequately considered at the time of any subsequent partial releases and at the time of license termination. Specific guidance to assist licensees in <PRTPAGE P="46231"/>identifying and accounting for these potential dose contributions is currently being developed, and will be available before publishing the final rule. </P>
        <P>The proposed rule would, therefore, provide adequate assurance that residual radioactivity from licensed activities that remains in areas released for unrestricted use will meet the radiological criteria for license termination. It should increase public confidence in decisions to release parts of reactor sites and make more efficient use of NRC and licensee resources. </P>
        <P>The NRC staff has obtained preliminary input from stakeholders at several public workshops. The suggested approach to handling requests for partial site release for unrestricted use was presented to the attendees for comment. Utility and nuclear industry representatives indicated that licensees need a method to allow them to release parts of a site before NRC approves the LTP. Utility representatives stated that formal NRC action would be desirable to provide finality and legal closure after part of a reactor site or facility is released. Although there were no negative comments received from representatives of public interest groups attending the workshops, a number of questions were raised on the implementation of the proposed rule. These questions have been addressed below, or added to the Issues for Public Comment section in order to solicit further public comment. Depending on the comments received on this proposed rule, the NRC may hold additional workshops or other public meetings before issuance of the final rule in order to solicit further stakeholder input. </P>
        <HD SOURCE="HD1">Discussion of Proposed Rule </HD>
        <P>The strategy for developing the proposed rule is to narrow its applicability to power reactor licensees to be responsive to current industry needs while also protecting the health and safety of the public. A separate rulemaking would be needed to address the wide variety of materials sites, many of which are technically more complex from a decommissioning perspective than reactor sites, to provide a uniform and consistent agency approach to partial site release. The proposed rule would require NRC approval for a partial site release at a reactor site before NRC approval of the licensee's LTP. </P>

        <P>The approval process by which the property is released depends on the potential for residual radioactivity from plant operations remaining in the area to be released. First, for proposed release areas classified as <E T="03">non-impacted</E> and, therefore, having no reasonable potential for residual radioactivity, the licensee would be allowed to submit a letter request for approval of the release containing specific information for NRC approval. In these cases, as there is no reasonable potential for residual radioactivity, NRC would approve the release of the property by letter upon determining that the licensee has otherwise met the criteria of the proposed rule and no change to a license or technical specifications description of the site is necessary. Guidance for demonstrating that a proposed release area is non-impacted is contained in NUREG-1575, Revision 1, “Multi-agency Radiation Survey and Site Investigation Manual (MARSSIM).” NRC would generally not perform radiological surveys and sampling of a non-impacted area. However, should NRC determine surveys and sampling were needed, such would be done as part of NRC's inspection process. Second, for areas classified as impacted and, therefore, having some potential for residual radioactivity, the licensee would submit the required information in the form of a license amendment for NRC approval. The proposed amendment also would include the licensee's demonstration of compliance with the radiological criteria for unrestricted use specified in 10 CFR 20.1402. Regulatory guidance for performing this demonstration is contained in NUREG-1727, “NMSS Decommissioning Standard Review Plan.” In both cases, public participation requirements and additional recordkeeping would be addressed. </P>
        <P>This approval approach is a departure from that presented to the Commission in the NRC staff's rulemaking plan (SECY-00-0023, February 2, 2000). At that time, it was thought that if a licensee could demonstrate that the radioactivity associated with any residual material remaining after remediation of impacted areas was no longer distinguishable from the background radioactivity, the approval could be treated in the same manner as a non-impacted area, and the release area could be approved by letter as opposed to a license amendment. However, in light of the variability in background and the limitation of survey instruments, the approach would require the definition of some minimum dose or concentration above mean background against which to compare survey results. Because the NRC has not established such value, the NRC is no longer considering the use of background as a release criterion. The proposed release area's classification as either impacted or non-impacted will determine whether the release may be approved by letter, or whether a license amendment is required. Guidance for demonstrating that a proposed release area is non-impacted is contained in NUREG-1575, Revision 1. </P>
        <P>Subpart K of 10 CFR Part 20 provides in § 20.2002 that a licensee may request NRC approval of a proposed disposal method that is not otherwise authorized by NRC regulations. Some have argued that a partial site release should be covered by § 20.2002; however, a partial site release leaving residual radioactivity at a site that meets the release criteria for unrestricted use of 10 CFR 20.1402 is not considered a disposal. In any case, the proposed rule, if adopted, would authorize partial site releases, thereby removing the argument that a partial site release is within the scope of § 20.2002. Additionally, any disposals made under § 20.2002 on those portions of the site proposed for release will be considered impacted areas. </P>
        <P>In contrast to the license termination process, the proposed rule does not require a license amendment to release property for unrestricted use in all cases. The NRC believes this difference is justified for the following reasons. First, the license termination process was created to deal with the facility or site as a whole, which inevitably involves handling residual radioactivity, such as that found in plant systems. The proposed rule preserves the license amendment approach for those cases in which the potential exists for residual radioactivity and requires that the area meets the radiological criteria for unrestricted use. Second, for cases in which the change does not adversely affect reactor safety and it is demonstrated that the area is non-impacted and, therefore, there is no reasonable potential for residual radioactivity, a license amendment is not required to adequately protect public health and safety. The proposed rule with its clearly defined criteria would be sufficient. The NRC's oversight role is to ensure that the licensee meets the criteria. </P>

        <P>The proposed rule would amend 10 CFR Part 2 to provide an opportunity for a Subpart L hearing on the amendment. The hearing, if conducted, must be completed before the property is released for use. However, for cases where it is demonstrated that the area is non-impacted and, therefore, there is no reasonable potential for residual radioactivity, a license amendment is not required by the proposed rulemaking. A review of a licensee's proposed partial site release in such cases is essentially a compliance review <PRTPAGE P="46232"/>to determine if the release would otherwise meet the defined criteria of the regulation. Assuming the partial site release does not result in a change to an existing license, the approval of the partial site release under these circumstances does not require a license amendment (see <E T="03">Cleveland Electric Illuminating, et al.</E> (Perry Nuclear Power Plant, Unit 1), CLI-96-13, 44 NRC 315, 328 (1996)). In these cases, the required public meeting held before the release approval is granted will serve as a forum for public comments on the proposed release. </P>
        <P>In some cases, a reactor or site-specific Independent Spent Fuel Storage Installation (ISFSI) license may contain license conditions or Technical Specifications that define the site boundary in detail, such as a site map. In these cases (because the site boundary would change), a reactor licensee would be required to submit a license amendment application for a partial site release regardless of the potential for residual radioactivity in the area to be released. However, under current regulations, a licensee could amend its license to remove the definition of site boundary, without reference to a partial site release, and then proceed to perform the release, without obtaining NRC approval. The proposed rule would require NRC approval for a partial site release regardless of the amount of detail defining the site in the operating license. </P>
        <P>The proposed rule provides for public participation. The NRC would notice receipt of a licensee's proposal for a partial site release, regardless of the potential for residual radioactivity, and make it available for public comment. In addition to the opportunity for a hearing on a license amendment, the NRC also would hold a public meeting in the vicinity of the site to discuss the licensee's request for approval or license amendment application, as applicable, and obtain comments before approving the release. </P>
        <P>Members of the public have expressed concern that a licensee could use a series of partial site releases to avoid applying the criteria of the license termination rule. Members of the public are concerned that the lack of specific regulation for partial site releases could result in inconsistent application of safety standards and insufficient regulatory oversight of licensee actions. They also note that the public participation requirements of the license termination rule do not specifically apply to a partial site release. The proposed rule would address these concerns. </P>
        <P>The proposed rule would not provide for a partial site release under restricted conditions, nor has any reactor licensee expressed interest in releasing property for restricted use. </P>
        <P>The proposed rule would apply only to cases in which a reactor licensee intends to perform a partial site release before the NRC approves its LTP. When an LTP is submitted, a licensee can propose releasing its site in stages if it so desires. The NRC staff will evaluate the licensee's plan and approve it, if it is adequate, by license amendment. Once the LTP is approved, there is no longer any need for a separate regulatory mechanism for partial site releases. </P>
        <P>In addition, the provisions of the “timeliness in decommissioning” rule for materials facilities in 10 CFR 30.36, 40.42, 70.38, and 72.54 do not apply to a partial site release at a power reactor site. These rules were issued to avoid long periods of delay in decommissioning materials facilities following cessation of operations. Unlike reactor facilities, where a period of safe storage can result in reduced occupational radiation exposure for decommissioning, materials facilities do not always realize much dose reduction benefit from an extended period of storage. </P>
        <P>Sections 30.36, 40.42, 70.38, and 72.54 require decommissioning to begin within 24 months of cessation of principal activities, even if only a part of the site is not used, and whether or not a licensee declares an end to operations. In contrast, 10 CFR 50.82, the license termination rule for reactors, requires a licensee to certify the permanent cessation of operations before the decommissioning time clock starts. A reactor licensee has the option to begin decommissioning at any time following the submittal of certain certifications and reports, as long as decommissioning is completed within 60 years following permanent shutdown. This option allows for a period of safe storage that results in reduced occupational exposure. </P>
        <P>The partial site release proposed rule would make the following changes to 10 CFR part 50: </P>
        <P>• Add a new section, separate from the license termination process of § 50.82, to address the release of part of a reactor facility or site for unrestricted use before the LTP is approved. </P>
        <P>• Specify criteria for the licensee to fulfill to obtain NRC approval of a partial site release. </P>
        <P>• Allow a written request for release approval and not require a license amendment for releases of property if the licensee demonstrates that the area is non-impacted and, therefore, there is no reasonable potential for residual radioactivity in the area to be released. The release would be approved if all the proposed criteria are met. </P>
        <P>• Require a license amendment that contains the licensee's demonstration of compliance with the radiological criteria for unrestricted use (0.25 mSv/yr [25 mrem/yr] and ALARA) for releases of property in which the area is classified as impacted and, therefore, a reasonable potential for residual radioactivity in the area to be released exists. </P>
        <P>• Revise the LTP requirements to account for property that was released before a licensee received approval of its LTP. </P>
        <P>• Require the NRC to hold a public meeting to inform the public of the partial site release request and receive public comments before acting on the request. </P>
        <P>• Require additional recordkeeping of the acquisition and disposition of property included in the site. </P>
        <P>• Add supporting definitions of key terms. </P>
        <P>The partial site release proposed rule would make the following changes to 10 CFR part 20: </P>
        <P>• Include releasing part of a facility or site for unrestricted use within the scope of the radiological criteria for license termination. </P>
        <P>• Include releasing part of a facility or site for unrestricted use within the scope of the criteria by which the NRC may require additional cleanup on receiving new information following the release. </P>
        <P>The partial site release rulemaking would make the following change to 10 CFR part 2: </P>
        <P>• Provide for informal hearings in accordance with Subpart L for amendments associated with partial site releases. </P>
        <HD SOURCE="HD1">Section-by-Section Analysis </HD>
        <HD SOURCE="HD2">10 CFR Part 2, Subpart L, “Informal Hearing Procedures for Adjudications in Materials and Operator Licensing Proceedings” </HD>

        <P>Informal hearing procedures are specified in 10 CFR part 2, subpart L. Section 2.1201(a)(1) applies to materials licenses under parts 30, 40, and 70. Section 2.1201(a)(3) applies to requests for a hearing for amendments to a part 50 license for licensees that have certified permanent cessation of operations and permanent removal of fuel from the reactor and permanently removed fuel from the part 50 facility. It applies to decommissioning reactors that have either removed spent fuel from the site, or have placed it in an <PRTPAGE P="46233"/>independent spent fuel storage installation licensed under part 72. </P>
        <P>The NRC believes that conditions in a part of a reactor facility or site released for unrestricted use are equivalent to the conditions specified in § 2.1201(a)(3). The proposed amendment underlying the hearing request would principally address the transfer of land, and not reactor operations. The issues would also be similar to the materials licensing issues that are currently subject to subpart L under § 2.1201(a)(1). </P>
        <P>An amendment to 10 CFR part 2, subpart L, is required to permit use of these informal hearing procedures for amendments associated with partial site releases at nuclear power reactors. It should be noted that the proposed rule does not provide for license amendments to authorize partial site releases where there is no reasonable potential for residual radioactivity in the area to be released. As there are no license amendments in these cases, there are no corresponding opportunities for hearings. However, public meetings will be noticed in these cases to obtain comments before NRC action on the release. </P>
        <HD SOURCE="HD2">10 CFR Part 20, “Standards for Protection Against Radiation” </HD>
        <P>In 10 CFR part 20, the NRC provides standards for protection against radiation. These standards are applicable to reactor licensees as long as they hold a license. The subparts relevant to the partial site release issue are Subpart D (“Radiation Dose Limits for Individual Members of the Public”) and Subpart E (“Radiological Criteria for License Termination”). </P>
        <HD SOURCE="HD2">10 CFR Part 20, Subpart D, “Radiation Dose Limits for Individual Members of the Public” </HD>
        <P>The radiation dose limits specified in 10 CFR part 20, subpart D, set the annual limit for an individual member of the public at 1.0 mSv/yr (100 mrem/yr). However, there are a number of more stringent dose standards applicable to power reactor licensees that must also be considered. These standards include the Environmental Protection Agency (EPA) environmental radiation standard incorporated in § 20.1301(d), the Subpart D compliance standards in § 20.1302(b), the radiological effluent release objectives to maintain effluents ALARA in Appendix I to 10 CFR part 50, and any dose standards which may be established by special license conditions. </P>
        <P>A licensee performing a partial site release must continue to comply with the public dose limits and standards as they pertain to the area remaining under the license. In addition, the licensee must comply with the public dose limits for effluents, etc., entering the released portion of the site. As a practical matter, a licensee must demonstrate that moving its site boundary closer to the operating facility would not result in a dose to a member of the public that exceeds these criteria. If residual radioactivity exists in the area to be released for unrestricted use, the dose caused by the release must be considered along with that from the licensee's facility, as well as, for the case of the EPA's standard incorporated in § 20.1301(d), that from any other uranium fuel cycle operation in the area, for example a facility licensed under 10 CFR part 72, to determine compliance with the above standards. As a consequence, a partial site release for unrestricted use that contains residual radioactivity may have to meet a standard lower than the radiological criteria of 10 CFR part 20, subpart E, discussed below because the combined dose from the partial site release and the dose from these other sources must meet the public dose limits and standards described above. </P>
        <HD SOURCE="HD2">10 CFR Part 20, Subpart E, “Radiological Criteria for License Termination” </HD>
        <P>The scope of subpart E applies to decommissioning reactor facilities. However, as currently written, it does not specifically apply to operating reactors. The reactor remains “operating” until a licensee submits the certifications of permanent cessation of operations specified in § 50.82(a)(1), when it begins “decommissioning.” </P>
        <P>Radiological criteria for license termination contained in 10 CFR part 20, subpart E, limit radiation exposure to the “average member of the critical group.” The limit applicable to release for unrestricted use is 0.25 mSv/yr (25 mrem/yr) total effective dose equivalent (TEDE), with additional reductions consistent with the ALARA principle. The determination of ALARA in these cases explicitly requires balancing reduction in radiation risk with the increase from other health and safety risks resulting from the work done to decontaminate a site, such as adverse health impacts from transportation accidents that might occur if larger amounts of waste soil are shipped for disposal. The standard applies to doses resulting from “residual radioactivity distinguishable from background radiation” and includes dose from groundwater sources of drinking water. The standard for unrestricted use in 10 CFR part 20, subpart E, does not include dose from effluents or direct radiation from continuing operations. However, as noted in the above section on public dose limits, the dose from these sources must be considered when demonstrating compliance with the radiological release criteria. </P>
        <P>Section 20.1401(c) limits additional cleanup following the NRC's termination of the license. Additional cleanup would only be required if new information reveals that the requirements of subpart E were not met and a significant threat to public health and safety remains from residual radioactivity. Similarly, the proposed rule would include the portions of the site released for unrestricted use within the scope of the criteria by which the Commission may require additional cleanup on the basis of new information received following the release. </P>
        <P>The proposed rulemaking is intended to apply subpart E to power reactor licensees, both operating and decommissioning, that have not received approval of the LTP. Because an LTP is required for license termination under restricted conditions (§ 20.1403(d)) or alternate criteria (§ 20.1404(a)(4)), only the “unrestricted use” option would be available to licensees for a partial site release before receiving approval of the LTP. </P>
        <P>The proposed rule would not require an analysis to demonstrate that the area to be released meets the criteria of § 20.1402 for cases in which the licensee is able to demonstrate that there is no reasonable potential for residual radioactivity in the area to be released. In these cases, compliance with § 20.1402 is demonstrated by providing documentation of an evaluation of the site to identify areas of potential or known sources of radioactive material that concludes that the area is non-impacted and there is, therefore, no reasonable potential for residual radioactivity. Acceptable guidance describing the performance of this demonstration is contained in NUREG-1575, Revision 1. </P>
        <P>For areas classified as impacted, the proposed rule would require a license amendment that includes a demonstration of compliance with § 20.1402 for the area that is released for unrestricted use. Guidance for performing this classification is contained in NUREG-1727. This guidance can be used to support a license amendment request for partial site release. </P>

        <P>An amendment to part 20, subpart E, that revises § 20.1401(a) and § 20.1401(c) would add the release of part of a facility or site for unrestricted <PRTPAGE P="46234"/>use to the provisions and scope of 10 CFR part 20, subpart E. </P>
        <HD SOURCE="HD2">10 CFR 50.2, “Definitions” </HD>

        <P>The NRC issued technical guidance after the decommissioning rules of § 50.82 were amended in 1996. Those documents included NUREG-1575 which defined terms (historical site assessment, impacted, and non-impacted) that are critical to implementing the amended regulations. In order for a licensee to adequately demonstrate compliance with the radiological criteria for license termination in 10 CFR part 20, subpart E, the licensee must evaluate its site to identify areas of potential or known sources of radioactive material and classify those areas according to the potential for radioactive contamination. The evaluation is known as a <E T="03">historical site assessment.</E> The historical site assessment is an investigation to collect information describing a site's complete history from the start of site activities to the present time. Information collected will typically include site files, monitoring data, and event investigations, as well as interviews with current or previous employees to collect firsthand information. The assessment results in classifying areas according to the potential for containing residual radioactivity. Areas that have no reasonable potential for residual radioactivity in excess of natural background or fallout levels are classified as <E T="03">non-impacted areas.</E> Areas with some potential for residual radioactivity in excess of natural background or fallout levels are classified as <E T="03">impacted areas.</E> Further discussion regarding the meaning and use of these terms is contained in NUREG-1575. </P>
        <P>An amendment to § 50.2 would add the definitions for “Historical Site Assessment,” “Impacted Areas,” and “Non-impacted Areas.” </P>
        <HD SOURCE="HD2">10 CFR 50.75, “Reporting and Recordkeeping for Decommissioning Planning” </HD>
        <P>In § 50.75(c), the NRC defines the amount of financial assurance required for decommissioning power reactors. There is no provision to adjust the amount to account for the costs of a partial site release. One point of view argues that a partial site release would reduce the cost of decommissioning for the remainder of the site. However, the NRC does not recommend reducing the required amount for the following reasons. Costs incurred for purposes other than reduction of residual radioactivity to permit release of the property and termination of the license are not included in the amount required for decommissioning financial assurance. A partial site release may incur costs that do not fit the definition of decommissioning. Therefore, an evaluation of the costs would be necessary to determine what adjustment, if any, was appropriate. In addition, the cost of a partial site release is expected to be a small fraction of the cost of decommissioning. Such a small adjustment can be considered within the uncertainty range of the amount specified in § 50.75(c) and does not provide a compelling reason to undertake the technical justification of adding a generically applicable adjustment factor to the requirement. </P>
        <P>In § 50.75(g), the NRC requires keeping records of information important to decommissioning. Currently, there are three categories of information required: (1) Spills resulting in significant contamination after cleanup; (2) as-built drawings of structures and equipment in restricted areas; and (3) cost estimates and funding methods. Information on structures and land that were included as part of the site is also important to decommissioning in order to ensure that the dose effects from partial releases are adequately accounted for when the license is terminated. </P>
        <P>Records relevant to decommissioning must be retained until the license is terminated. The proposed rule would require a licensee to identify its facility and site, as defined in the original license, to include a map, and to record any additions to or deletions from the site since original licensing, along with records of the radiological conditions of any partial site releases. These records will ensure that potential dose contributions associated with partial site releases can be adequately considered at the time of any subsequent partial releases and at the time of license termination. The proposed recordkeeping is made effective when the rule becomes effective. </P>
        <P>The purpose of the License Termination Rule (LTR) (61 FR 39301; July 29, 1996, as amended at 62 FR 39091; July 21, 1997) and 10 CFR 50.82 is to ensure that any residual radioactivity associated with licensed activity is within the radiological release requirements of 10 CFR part 20, subpart E, at the time the license is terminated. Although not previously codified, the requirement to maintain records of the entire site as defined in the original license, along with subsequent modifications to the site boundary, clarifies the intent of the LTR and is necessary to ensure that potential dose contributions from the entire area can be adequately considered in demonstrating compliance with the release criteria. The proposed recordkeeping, therefore, applies to all licensees, including those who modify the site boundary by releasing a part of their site prior to NRC approval of their LTP. It is expected that licensees are already maintaining property records in order to comply with the LTR at the time of license termination and, therefore, the proposed recordkeeping does not establish new policies, standards, or requirements not already inherent to compliance with the radiological release criteria of the LTR. </P>
        <HD SOURCE="HD2">10 CFR 50.82, “Termination of License” </HD>
        <P>Section 50.82(a)(9) requires the submittal of an application for license termination that includes an LTP. Section 50.82(a)(11) requires that the NRC make a determination that the final survey and associated documentation provided by a licensee demonstrate that the site is suitable for release at the time the license is terminated. These sections codify the NRC's views that (1) certain information is required to evaluate the adequacy of a licensee's compliance with the radiological criteria for license termination in 10 CFR part 20, subpart E, and (2) the license termination criteria are applicable to the entire site. However, because the LTP is not required until 2 years before the anticipated date of license termination, a licensee may perform a partial site release before it submits the necessary information. The information required when the LTP is submitted refers to the “site.” It is not clear that a licensee could be required to include the areas released because they no longer are part of the “site.” The NRC is concerned that a licensee could adopt partial site release as a piecemeal approach to relinquish responsibility for a part of its site without going through the license termination process and without ensuring that the release criteria of 10 CFR part 20, subpart E, are met. </P>
        <P>A new paragraph, § 50.82(a)(9)(ii)(H), would include the identification of parts of the site released for unrestricted use before approval of the LTP with the information listed in the LTP. </P>

        <P>An amendment to § 50.82(a)(11)(ii) would require that the final radiation survey and associated LTP documentation, demonstrating that the site is suitable for release in accordance with the criteria in 10 CFR part 20, subpart E, include any parts released for use before approval of the LTP. Although no further surveys of previously released areas are anticipated, the dose assessment in the <PRTPAGE P="46235"/>LTP must account for possible dose contributions associated with previous releases in order to ensure that the entire area meets the radiological release requirements of 10 CFR part 20, subpart E (0.25 mSv/yr [25 mrem/yr] reduced to ALARA) at the time the license is terminated. The proposed requirement that records of property line changes and the radiological conditions of partial site releases be maintained by licensees would ensure that these potential dose contributions can be adequately considered at the time of any subsequent partial releases and at the time of license termination. Specific guidance to assist licensees in identifying and accounting for these potential dose contributions is currently being developed. </P>
        <HD SOURCE="HD2">10 CFR 50.83, “Release of Part of a Facility or Site for Unrestricted Use” </HD>
        <P>The proposed rule would add a new § 50.83, separate from the current decommissioning and license termination rules, that identifies the criteria and regulatory framework for power reactor licensees that seek to release part of a facility or site for unrestricted use at any time before receiving approval of an LTP. </P>
        <P>The proposed rule would require NRC approval for a partial site release. The approval process by which the property is released would depend on the potential for residual radioactivity from plant operations remaining in the area to be released. First, for proposed release areas classified as non-impacted and, therefore, having no reasonable potential for residual radioactivity, the licensee would be allowed to submit a letter request for approval of the release containing specific information for NRC approval. Because there is no reasonable potential for residual radioactivity in these cases, NRC would approve the release of the property by letter after determining that the licensee has met the criteria of the proposed rule. Guidance for demonstrating that a proposed release area is non-impacted is contained in NUREG-1575, Revision 1. NRC would generally not perform radiological surveys and sampling of a non-impacted area. However, should NRC determine surveys and sampling were needed, such would be done as part of NRC's inspection process. Second, for areas classified as impacted and, therefore, that do have some potential for residual radioactivity, the licensee would submit the required information in the form of a license amendment for NRC approval. The proposed amendment also would include the licensee's demonstration of compliance with the radiological criteria for unrestricted use specified in 10 CFR 20.1402. Regulatory guidance for performing this demonstration is contained in NUREG-1727. </P>
        <P>Licensees may find it beneficial to review their survey plans and design with the NRC staff before performing the surveys. As warranted, NRC will conduct parallel and/or confirmatory radiation surveys and sampling to ensure that the licensee's conclusions are adequate. </P>
        <P>The proposed rule is intended to apply 10 CFR part 20, subpart E, to reactor licensees that have not received approval of the LTP. Because an LTP is required for license termination under restricted conditions (§ 20.1403(d)) or alternate criteria (§ 20.1404(a)(4)), only the “unrestricted use” option would be available to licensees for a partial site release before receiving approval of the LTP. </P>
        <P>The proposed rule also would require a licensee to evaluate the effect of releasing the property to ensure that it would continue to comply with all other applicable statutory and regulatory requirements that may be impacted by the release of property and changes to the site boundary. This would include, for example, regulations in 10 CFR parts 20, 50, 72, and 100. In those instances involving license amendments, licensees also would be required to provide a supplement to the existing environmental report to address the planned release. This requirement is similar to the requirement of 10 CFR 50.82(a)(9)(ii)(G). </P>
        <P>The proposed rule provides for public participation. The NRC will notice receipt of a licensee's proposal for a partial site release, regardless of the amount of residual radioactivity involved, and make it available for public comment. The NRC also will hold a public meeting in the vicinity of the site to discuss the licensee's release approval request or license amendment application, as applicable. </P>
        <HD SOURCE="HD1">Issues for Public Comment </HD>
        <P>The NRC encourages comments concerning the content, level of detail specified, and the implementation of the proposed amendments. Suggestions or alternatives other than those described in this document and estimates of cost for implementation are encouraged. The NRC is particularly interested in receiving comments on the following issues related to this proposed rule: </P>
        <P>1. Are there rulemaking alternatives to this proposed rule that were not considered in the regulatory analysis for this proposed rule? </P>
        <P>2. Are the proposed definitions in § 50.2 clear? </P>
        <P>3. Is public involvement adequately considered? </P>
        <P>4. Should the license amendment process be required for all partial site release approvals, regardless of whether the site has been classified as non-impacted? </P>
        <P>5. Does the proposed rule make it adequately clear that when performing partial site releases and when releasing the entire site at license termination, licensees must consider potential dose contributions from previous partial releases in demonstrating compliance with the radiological release criteria? </P>
        <P>6. Is there reason to limit the size or number of partial site releases? </P>
        <P>7. Are there other potential impacts on continued operation or decommissioning activities as a result of partial site releases that should specifically be considered in the rule? </P>
        <HD SOURCE="HD1">Referenced Documents </HD>

        <P>Copies of NUREG-1575, NUREG-1727, and SECY-00-0023 may be examined, and/or copied for a fee, at the NRC's Public Document Room, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland. These documents are also accessible on the NRC Web site at <E T="03">www.nrc.gov. </E>
        </P>
        <HD SOURCE="HD1">Plain Language </HD>

        <P>The Presidential memorandum dated June 1, 1998, entitled “Plain Language in Government Writing” directed that the Government's writing be in plain language. This memorandum was published on June 10, 1998 (63 FR 31883). In complying with this directive, editorial changes have been made in this proposed rule to improve readability of the existing language of those provisions being revised. These types of changes are not discussed further in this document. The NRC requests comment on the proposed rule specifically with respect to the clarity and effectiveness of the language used. Comments should be sent to the address listed under the <E T="02">ADDRESSES</E> heading. </P>
        <HD SOURCE="HD1">Voluntary Consensus Standards </HD>

        <P>The National Technology Transfer and Advancement Act of 1995, Pub. L. 104-113, requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standard bodies unless the use of such a standard is inconsistent with applicable law or is otherwise impractical. In this proposed rule, the NRC proposes to standardize the process for allowing a licensee to release part of its reactor facility or site for unrestricted use before NRC approves the LTP. This proposed rule would not <PRTPAGE P="46236"/>constitute the establishment of a standard that establishes generally applicable requirements, and the use of a voluntary consensus standard is not applicable. </P>
        <HD SOURCE="HD1">Finding of No Significant Environmental Impact: Availability </HD>
        <P>The Commission has determined that under the National Environmental Policy Act of 1969, as amended, and the Commission's regulations in subpart A of 10 CFR part 51 that this rule, if adopted, would not be a major Federal action significantly affecting the quality of the human environment and, therefore, an environmental impact statement is not required. </P>
        <P>There are no significant radiological environmental impacts associated with the proposed action. The proposed action does not involve non-radiological plant effluents and has no other environmental impact. Therefore, NRC expects that no significant environmental impact would result from the proposed rule. </P>

        <P>The determination of the environmental assessment is that there would be no significant offsite impact to the public from this action. However, the general public should note that the NRC is seeking public participation. Comments on any aspect of the environmental assessment may be submitted to the NRC as indicated under the <E T="02">ADDRESSES</E> heading. </P>
        <P>The NRC has sent a copy of the environmental assessment and this proposed rule to every State Liaison Officer and requested their comments on the environmental assessment. </P>
        <HD SOURCE="HD1">Paperwork Reduction Act Statement</HD>
        <P>This proposed rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). This rule has been submitted to the Office of Management and Budget (OMB) for review and approval of the information collection requirements.</P>
        <P>The burden to the public for this information collection is estimated to average 582 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the information collection. The U.S. Nuclear Regulatory Commission is seeking public comment on the potential impact of the information collections contained in the proposed rule and on the following issues:</P>
        <P>1. Is the proposed information collection necessary for the proper performance of the functions of the NRC, including whether the information will have practical utility?</P>
        <P>2. Is the estimate of burden accurate?</P>
        <P>3. Is there a way to enhance the quality, utility, and clarity of the information to be collected?</P>
        <P>4. How can the burden of the information collection be minimized, including the use of automated collection techniques?</P>

        <P>Send comments on any aspect of this proposed information collection, including suggestions for reducing the burden, to the Records Management Branch (T-6 E6), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, or by Internet electronic mail at <E T="03">bjs1@nrc.gov;</E> and to the Desk Officer, Office of Information and Regulatory Affairs, NEOB-10202 (3150-0011), Office of Management and Budget, Washington, DC 20503.</P>
        <P>Comments to OMB on the information collections or on the above issues should be submitted by October 4, 2001. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date.</P>
        <HD SOURCE="HD1">Public Protection Notification</HD>
        <P>If a means used to impose an information collection does not display a currently valid OMB control number, the NRC may not conduct or sponsor, and a person is not required to respond to, the information collection.</P>
        <HD SOURCE="HD1">Regulatory Analysis</HD>

        <P>The Commission has prepared a regulatory analysis on this proposed regulation. The analysis examines the costs and benefits of the alternatives considered by the Commission. The regulatory analysis may be examined, and/or copied for a fee, at the NRC's Public Document Room, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland. The Commission requests public comment on the regulatory analysis. Comments on the analysis may be submitted to the NRC as indicated under the <E T="02">ADDRESSES</E> heading.</P>
        <HD SOURCE="HD1">Regulatory Flexibility Certification</HD>
        <P>In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the Commission certifies that this proposed rule would not, if adopted, have a significant economic impact on a substantial number of small entities. This proposed rule would affect only the licensing and operation of nuclear power plants. The companies that own these plants do not fall within the scope of the definition of “small entities” set forth in the Regulatory Flexibility Act or the Small Business Size Standards set out in 10 CFR 2.810.</P>
        <HD SOURCE="HD1">Backfit Analysis</HD>
        <P>The NRC has determined that the backfit rule does not apply to this proposed rule; therefore, a backfit analysis is not required for this proposed rule because it does not involve any provisions that would impose backfits as defined in 10 CFR 50.109(a)(1).</P>
        <P>The proposed rule would clarify the application of the radiological criteria of the license termination rule (LTR) [62 FR 39091 (July 21, 1997)] for partial site release and the relationship between partial site release and decommissioning of a site under 10 CFR 50.82. A backfit analysis was not required for the LTR because it did not involve reactor operations, and it was not required for 10 CFR 50.82 because that rule was imposed to ensure adequate protection of the public health and safety. Because a backfit analysis was not required for either the LTR or for 10 CFR 50.82, it does not appear that it would be needed for this rulemaking action.</P>

        <P>Additionally, the purpose of the LTR and 10 CFR 50.82 is to ensure that the residual radioactivity from the licensed activity is within the criteria of the LTR. The LTR requires that any previously approved onsite disposals be reconsidered in determining releases under the LTR. As to previously approved offsite releases, Section F.2.3. of the Statement of Considerations for the final LTR describes a limited grandfathering of previously approved partial site releases. The NRC stated that guidance would be issued on how licensees should address previously released portions of licensed sites. Consequently, while a previously approved partial site release meeting the LTR criteria would not need to be reconsidered, absent new information in accordance with 10 CFR 20.1401(c), it was not the intent of the rule that interaction from the previously released residual radiation be excluded from consideration in the release decision for the remaining portions of the site. To read the LTR as not requiring the radiation interactions from the previously released site to be considered in making release determinations on the remaining site would permit a licensee to release a site that would otherwise not meet the LTR criteria by releasing the site by segments, each one below the criteria of the LTR. Such an approach would defeat the intent of the LTR to consider all the residual radioactivity from the licensed activity in meeting the LTR criteria. This rulemaking would <PRTPAGE P="46237"/>clarify the intent of the LTR and not establish new policies or standards.</P>
        <P>Accordingly, the proposed rule's provisions do not constitute a backfit and a backfit analysis need not be performed. However, the staff has prepared a regulatory analysis that identifies the benefits and costs of the proposed rule and evaluates other options for addressing the identified issues. As such, the regulatory analysis constitutes a “disciplined approach” for evaluating the merits of the proposed rule and is consistent with the underlying intent of the backfit rule.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects</HD>
          <CFR>10 CFR Part 2</CFR>
          <P>Administrative practice and procedure, Antitrust, Byproduct material, Classified information, Environmental protection, Nuclear materials, Nuclear power plants and reactors, Penalties, Sex discrimination, Source material, Special nuclear material, Waste treatment and disposal.</P>
          <CFR>10 CFR Part 20</CFR>
          <P>Byproduct material, Criminal penalties, Licensed material, Nuclear material, Nuclear power plants and reactors, Occupational safety and health, Packaging and containers, Radiation protection, Reporting and recordkeeping requirements, Source material, Special nuclear material, Waste treatment and disposal.</P>
          <CFR>10 CFR Part 50</CFR>
          <P>Antitrust, Classified information, Criminal penalties, Fire protection, Intergovernmental relations, Nuclear power plants and reactors, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements.</P>
        </LSTSUB>
        <P>For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; and 5 U.S.C. 553, the NRC is proposing to adopt the following amendments to 10 CFR parts 2, 20, and 50.</P>
        <PART>
          <HD SOURCE="HED">PART 2—RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS</HD>
          <P>1. The authority citation for Part 2 continues to read as follows:</P>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>Secs.161, 181, 68 Stat. 948, 953, as amended (42 U.S.C. 2201, 2231); sec. 191, as amended, Pub. L. 87-615, 76 Stat. 409 (42 U.S.C. 2241); sec. 201, 88 Stat.1242, as amended (42 U.S.C. 5841); 5 U.S.C. 552.</P>
          </AUTH>
          
          <EXTRACT>
            <P>Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 105, 68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, 2135); sec. 114(f), Pub. L. 97-425, 96 Stat. 2213, as amended (42 U.S.C. 10143(f)); sec. 102, Pub. L. 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 U.S.C. 5871). Sections 2.102, 2.103, 2.104, 2.105, 2.721 also issued under secs. 102, 103, 104, 105, 183i, 189, 68 Stat. 936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2233, 2239). Section 2.105 also issued under Pub. L. 97-415, 96 Stat. 2073 (42 U.S.C. 2239). Sections 2.200-2.206 also issued under secs. 161 b, i, o, 182, 186, 234, 68 Stat. 948-951, 955, 83 Stat. 444, as amended (42 U.S.C. 2201 (b), (i), (o), 2236, 2282); sec. 206, 88 Stat 1246 (42 U.S.C. 5846). Section 2.205(j) also issued under Pub. L. 101-410, 104 Stat. 90, as amended by section 3100(s), Pub. L. 104-134, 110 Stat. 1321-373 (28 U.S.C. 2461 note). Sections 2.600-2.606 also issued under sec. 102, Pub. L. 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332). Sections 2.700a, 2.719 also issued under 5 U.S.C. 554. Sections 2.754, 2.760, 2.770, 2.780 also issued under 5 U.S.C. 557. Section 2.764 also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 2.790 also issued under sec. 103, 68 Stat. 936, as amended (42 U.S.C. 2133), and 5 U.S.C. 552. Sections 2.800 and 2.808 also issued under 5 U.S.C. 553. Section 2.809 also issued under 5 U.S.C. 553, and sec. 29, Pub. L. 85-256, 71 Stat. 579, as amended (42 U.S.C. 2039). Subpart K also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42 U.S.C. 10154). Subpart L also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239). Subpart M also issued under sec. 184 (42 U.S.C. 2234) and sec. 189, 68 stat. 955 (42 U.S.C. 2239). Appendix A also issued under sec. 6, Pub. L. 91-560, 84 Stat. 1473 (42 U.S.C. 2135).</P>
          </EXTRACT>
          <P>2. In § 2.1201, paragraph (a)(4) is added to read as follows: </P>
          <SECTION>
            <SECTNO>§ 2.1201 </SECTNO>
            <SUBJECT>Scope of subpart. </SUBJECT>
            <P>(a) * * * </P>
            <P>(4) The amendment of a part 50 license to release part of a power reactor facility or site for unrestricted use in accordance with § 50.83. Subpart L hearings for the partial site release plan, if conducted, must be complete before the property is released for use. </P>
            <STARS/>
          </SECTION>
        </PART>
        <PART>
          <HD SOURCE="HED">PART 20—STANDARDS FOR PROTECTION AGAINST RADIATION </HD>
          <P>3. The authority citation for Part 20 continues to read as follows: </P>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P> Secs. 53, 63, 65, 81, 103, 104, 161, 182, 186, 68 Stat. 930, 933, 935, 936, 937, 948, 953, 955, as amended, sec. 1701, 106 Stat. 2951, 2952, 2953 (42 U.S.C. 2073, 2093, 2095, 2111, 2133, 2134, 2201, 2232, 2236, 2297f), secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846). </P>
          </AUTH>
          
          <P>4. In § 20.1401, paragraphs (a) and (c) are revised to read as follows: </P>
          <SECTION>
            <SECTNO>§ 20.1401 </SECTNO>
            <SUBJECT>General provisions and scope. </SUBJECT>
            <P>(a) The criteria in this subpart apply to the decommissioning of facilities licensed under parts 30, 40, 50, 60, 61, 70, and 72 of this chapter, and release of part of a facility or site for unrestricted use in accordance with § 50.83 of this chapter, as well as other facilities subject to the Commission's jurisdiction under the Atomic Energy Act of 1954, as amended, and the Energy Reorganization Act of 1974, as amended. For high-level and low-level waste disposal facilities (10 CFR parts 60 and 61), the criteria apply only to ancillary surface facilities that support radioactive waste disposal activities. The criteria do not apply to uranium and thorium recovery facilities already subject to appendix A to 10 CFR part 40 or to uranium solution extraction facilities. </P>
            <STARS/>
            <P>(c) After a site has been decommissioned and the license terminated in accordance with the criteria in this subpart, or after part of a facility or site has been released for unrestricted use in accordance with § 50.83 of this chapter and in accordance with the criteria in this subpart, the Commission will require additional cleanup only if based on new information, it determines that the criteria of this subpart were not met and residual radioactivity remaining at the site could result in significant threat to public health and safety. </P>
            <STARS/>
          </SECTION>
        </PART>
        <PART>
          <HD SOURCE="HED">PART 50—DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES </HD>
          <P>5. The authority citation for Part 50 continues to read as follows: </P>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P> Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68 Stat. 936, 938, 948, 953, 954, 955, 956, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 2232, 2233, 2239, 2282); secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).</P>
          </AUTH>
          
          <EXTRACT>

            <P>Section 50.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 2951, as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42 U.S.C. 5851). Section 50.10 also issued under secs. 101, 185, 68 Stat. 936, 955, as amended (42 U.S.C. 2131, 2235); sec. 102, Pub. L. 91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, 50.54(dd), and 50.103 also issued under sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138). Sections 50.23, 50.35, 50.55, and 50.56 also issued under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a, 50.55a and Appendix Q also issued under sec. 102, Pub. L. 91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued under Pub. L. 97-415, 96 Stat. 2073 (42 U.S.C. 2239). Section 50.78 also issued under sec. <PRTPAGE P="46238"/>122, 68 Stat. 939 (42 U.S.C. 2152). Sections 50.80—50.81 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Appendix F also issued under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).</P>
            
          </EXTRACT>
          <P>6. Section 50.2 is amended by adding “Historical site assessment,” “Impacted areas,” and “Non-impacted areas” in alphabetical order to read as follows: </P>
          <SECTION>
            <SECTNO>§ 50.2 </SECTNO>
            <SUBJECT>Definitions. </SUBJECT>
            <STARS/>
            <P>
              <E T="03">Historical site assessment</E> means the identification of potential, likely, or known sources of radioactive material and radioactive contamination based on existing or derived information for the purpose of classifying a facility or site, or parts thereof, as impacted or non-impacted. </P>
            <P>
              <E T="03">Impacted areas</E> mean the areas with some reasonable potential for residual radioactivity in excess of natural background or fallout levels. </P>
            <STARS/>
            <P>
              <E T="03">Non-impacted areas</E> mean the areas with no reasonable potential for residual radioactivity in excess of natural background or fallout levels. </P>
            <STARS/>
            <P>7. In § 50.8, paragraph (b) is revised to read as follows: </P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 50.8 </SECTNO>
            <SUBJECT>Information collection requirements: OMB approval. </SUBJECT>
            <STARS/>
            <P>(b) The approved information collection requirements contained in this part appear in §§ 50.30, 50.33, 50.33a, 50.34, 50.34a, 50.35, 50.36, 50.36a, 50.36b, 50.44, 50.46, 50.47, 50.48, 50.49, 50.54, 50.55, 50.55a, 50.59, 50.60, 50.61, 50.62, 50.63, 50.64, 50.65, 50.66, 50.68, 50.71, 50.72, 50.74, 50.75, 50.80, 50.82, 50.83, 50.90, 50.91, 50.120, and Appendices A, B, E, G, H, I, J, K, M, N, O, Q, R, and S to this part. </P>
            <STARS/>
            <P>8. In § 50.75, paragraph (g)(4) is added to read as follows: </P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 50.75 </SECTNO>
            <SUBJECT>Reporting and recordkeeping for decommissioning planning. </SUBJECT>
            <STARS/>
            <P>(g) * * * </P>
            <P>(4) Licensees shall maintain property records containing the following information: </P>
            <P>(i) Records of the site boundary, as originally licensed, which must include a site map; </P>
            <P>(ii) Records of any acquisition or use of property outside the originally licensed site boundary for the purpose of receiving, possessing, or using licensed materials; </P>
            <P>(iii) The licensed activities carried out on the acquired or used property; and </P>
            <P>(iv) Records of the disposition of any property recorded in paragraphs (g)(4)(i) or (g)(4)(ii) of this section, the historical site assessment performed for the disposition, radiation surveys performed to support release of the property, submittals to the NRC made in accordance with § 50.83, and the methods employed to ensure that the property met the radiological criteria of 10 CFR part 20, subpart E, at the time the property was released. </P>
            <P>9. In § 50.82, paragraph (a)(9)(ii)(H) is added and paragraph (a)(11)(ii) is revised to read as follows: </P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 50.82 </SECTNO>
            <SUBJECT>Termination of license. </SUBJECT>
            <STARS/>
            <P>(a) * * * </P>
            <P>(9) * * * </P>
            <P>(ii) * * * </P>
            <P>(H) Identification of parts, if any, of the facility or site that were released for use before approval of the license termination plan. </P>
            <STARS/>
            <P>(11) * * * </P>
            <P>(ii) The final radiation survey and associated documentation demonstrate that the facility and site, including any parts released for use before approval of the license termination plan, are suitable for release in accordance with the criteria for decommissioning in 10 CFR part 20, subpart E. </P>
            <STARS/>
            <P>10. A new § 50.83 is added to read as follows: </P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 50.83 </SECTNO>
            <SUBJECT>Release of part of a power reactor facility or site for unrestricted use. </SUBJECT>
            <P>(a) Prior written NRC approval is required to release part of a facility or site for unrestricted use at any time before receiving approval of a license termination plan. Section 50.75 specifies recordkeeping requirements associated with partial release. Nuclear power reactor licensees seeking NRC approval shall—</P>
            <P>(1) Evaluate the effect of releasing the property to ensure that—</P>
            <P>(i) The dose to individual members of the public from the portion of the facility or site remaining under the license does not exceed the limits of 10 CFR part 20, subpart D; </P>
            <P>(ii) There is no reduction in the effectiveness of emergency planning or physical security; </P>
            <P>(iii) Effluent releases remain within license conditions; </P>
            <P>(iv) The environmental monitoring program and offsite dose calculation manual are revised to account for the changes; </P>
            <P>(v) The siting criteria of 10 CFR part 100 continue to be met; and </P>
            <P>(vi) All other applicable statutory and regulatory requirements continue to be met. </P>
            <P>(2) Perform a historical site assessment of the part of the facility or site to be released; and </P>
            <P>(3) Perform surveys adequate to demonstrate compliance with the radiological criteria for unrestricted use specified in 10 CFR 20.1402 for impacted areas. </P>
            <P>(b) For release of non-impacted areas, the licensee may submit a written request for NRC approval of the release if a license amendment is not otherwise required. The request submittal must include—</P>
            <P>(1) The results of the evaluations performed in accordance with § 50.59 and paragraphs (a)(1) and (a)(2) of this section; </P>
            <P>(2) A description of the part of the facility or site to be released; </P>
            <P>(3) The schedule for release of the property; and </P>
            <P>(4) A discussion that provides the reasons for concluding that the environmental impacts associated with the licensee's proposed release of the property will be bounded by appropriate previously issued environmental impact statements. </P>
            <P>(c) After receiving an approval request from the licensee for the release of a non-impacted area, the NRC shall—</P>
            <P>(1) Determine whether the licensee has adequately evaluated the effect of releasing the property as required by paragraph (a)(1) of this section; </P>
            <P>(2) Determine whether the licensee's historical site assessment is adequate; and </P>
            <P>(3) Upon determining that the licensee's submittal is adequate, inform the licensee in writing that the release is approved. </P>
            <P>(d) For release of impacted areas, the licensee shall submit an application for amendment of its license for the release of the property. The application must include—</P>
            <P>(1) The information specified in paragraphs (b)(1) through (3) of this section; </P>
            <P>(2) The methods used for and results obtained from the radiation surveys required to demonstrate compliance with the radiological criteria for unrestricted use specified in 10 CFR 20.1402; and </P>
            <P>(3) A supplement to the environmental report, pursuant to § 51.53, describing any new information or significant environmental change associated with the licensee's proposed release of the property. </P>
            <P>(e) After receiving a license amendment application from the licensee for the release of an impacted area, the NRC shall—</P>

            <P>(1) Determine whether the licensee has adequately evaluated the effect of <PRTPAGE P="46239"/>releasing the property as required by paragraph (a)(1) of this section; </P>
            <P>(2) Determine whether the licensee's historical site assessment is adequate; </P>
            <P>(3) Determine whether the licensee's radiation survey for an impacted area is adequate; and </P>
            <P>(4) Upon determining that the licensee's submittal is adequate, approve the licensee's amendment application. </P>

            <P>(f) The NRC shall notice receipt of the release approval request or license amendment application and make the approval request or license amendment application available for public comment. Before acting on an approval request or license amendment application submitted in accordance with this section, the NRC shall conduct a public meeting in the vicinity of the licensee's facility for the purpose of obtaining public comments on the proposed release of a part of the facility or site. The NRC shall publish a document in the <E T="04">Federal Register</E> and in a forum, such as local newspapers, which is readily accessible to individuals in the vicinity of the site, announcing the date, time, and location of the meeting, along with a brief description of the purpose of the meeting. </P>
          </SECTION>
          <SIG>
            <DATED>Dated at Rockville, Maryland, this 28th day of August, 2001. </DATED>
            <APPR>For the Nuclear Regulatory Commission. </APPR>
            <NAME>Andrew L. Bates, </NAME>
            <TITLE>Acting Secretary of the Commission. </TITLE>
          </SIG>
        </PART>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22139 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 7590-01-P </BILCOD>
    </PRORULE>
    <PRORULE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF TRANSPORTATION </AGENCY>
        <SUBAGY>Federal Aviation Administration </SUBAGY>
        <CFR>14 CFR Part 39 </CFR>
        <DEPDOC>[Docket No. 2001-NM-129-AD] </DEPDOC>
        <RIN>RIN 2120-AA64 </RIN>
        <SUBJECT>Airworthiness Directives; Bombardier Model DHC-8-100, -200, and -300 Series Airplanes </SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Aviation Administration, DOT. </P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of proposed rulemaking (NPRM). </P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This document proposes the adoption of a new airworthiness directive (AD) that is applicable to certain Bombardier Model DHC-8-100, -200, and -300 series airplanes. This proposal would require installation of a backup pressure regulating valve on the oil pump of the propeller control unit (PCU) on both engines. This action is necessary to prevent a build-up of oil pressure in the oil pump of the PCU should the existing valve fail. Such failure of the pressure regulating valve could lead to oil leaks, fracture of the pump, inability to maintain engine oil pressure, and inability to feather the propeller, with consequent reduced controllability of the aircraft. This action is intended to address the identified unsafe condition. </P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments must be received by October 4, 2001. </P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Submit comments in triplicate to the Federal Aviation Administration (FAA), Transport Airplane Directorate, ANM-114, Attention: Rules Docket No. 2001-NM-129-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056. Comments may be inspected at this location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal holidays. Comments may be submitted via fax to (425) 227-1232. Comments may also be sent via the Internet using the following address: 9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must contain “Docket No. 2001-NM-129-AD” in the subject line and need not be submitted in triplicate. Comments sent via the Internet as attached electronic files must be formatted in Microsoft Word 97 for Windows or ASCII text. </P>
          <P>The service information referenced in the proposed rule may be obtained from Bombardier, Inc., Bombardier Regional Aircraft Division, 123 Garratt Boulevard, Downsview, Ontario M3K 1Y5, Canada. This information may be examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington, or at the FAA, New York Aircraft Certification Office, 10 Fifth Street, Third Floor, Valley Stream, New York. </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>James Delisio, Aerospace Engineer, ANE-171, FAA, New York Aircraft Certification Office, 10 Fifth Street, Third Floor, Valley Stream, New York 11581; telephone (516) 256-7521; fax (516) 256-2716. </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Comments Invited </HD>
        <P>Interested persons are invited to participate in the making of the proposed rule by submitting such written data, views, or arguments as they may desire. Communications shall identify the Rules Docket number and be submitted in triplicate to the address specified above. All communications received on or before the closing date for comments, specified above, will be considered before taking action on the proposed rule. The proposals contained in this action may be changed in light of the comments received. </P>
        <P>Submit comments using the following format: </P>
        <P>• Organize comments issue-by-issue. For example, discuss a request to change the compliance time and a request to change the service bulletin reference as two separate issues. </P>
        <P>• For each issue, state what specific change to the proposed AD is being requested. </P>
        <P>• Include justification (e.g., reasons or data) for each request. </P>
        <P>Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the proposed rule. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report summarizing each FAA-public contact concerned with the substance of this proposal will be filed in the Rules Docket. </P>
        <P>Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this action must submit a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket Number 2001-NM-129-AD.” The postcard will be date stamped and returned to the commenter. </P>
        <HD SOURCE="HD1">Availability of NPRMs </HD>
        <P>Any person may obtain a copy of this NPRM by submitting a request to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules Docket Number 2001-NM-129-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056. </P>
        <HD SOURCE="HD1">Discussion </HD>

        <P>Transport Canada Civil Aviation (TCCA), which is the airworthiness authority for Canada, notified the FAA that an unsafe condition may exist on certain Bombardier Model DHC-8-100, -200, and -300 series airplanes. The TCCA advises that there have been two incidents of oil leaks from the oil pump on the propeller control unit (PCU), due to a failure of the existing pressure regulating valve in the fully closed (highest possible pressure) position. Such failure could lead to a build-up of oil pressure in the oil pump of the PCU, resulting in oil leaks, fracture of the pump body, inability to maintain engine oil pressure, and inability to feather the propeller, with consequent reduced controllability of the aircraft.<PRTPAGE P="46240"/>
        </P>
        <HD SOURCE="HD1">Explanation of Relevant Service Information </HD>
        <P>Bombardier has issued Service Bulletin 8-61-31, dated October 17, 2000, which describes procedures for installation of a backup pressure regulating valve on the oil pump of the PCU. Accomplishment of the actions specified in the service bulletin is intended to adequately address the identified unsafe condition. TCCA classified this service bulletin as mandatory and issued Canadian airworthiness directive CF-2001-12, dated March 2, 2001, in order to assure the continued airworthiness of these airplanes in Canada. </P>
        <HD SOURCE="HD1">FAA's Conclusions </HD>
        <P>These airplane models are manufactured in Canada and are type certificated for operation in the United States under the provisions of § 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. Pursuant to this bilateral airworthiness agreement, TCCA has kept the FAA informed of the situation described above. The FAA has examined the findings of TCCA, reviewed all available information, and determined that AD action is necessary for products of this type design that are certificated for operation in the United States. </P>
        <HD SOURCE="HD1">Explanation of Requirements of Proposed Rule </HD>
        <P>Since an unsafe condition has been identified that is likely to exist or develop on other airplanes of the same type design registered in the United States, the proposed AD would require accomplishment of the actions specified in the service bulletin described previously. </P>
        <HD SOURCE="HD1">Cost Impact </HD>
        <P>The FAA estimates that 191 airplanes of U.S. registry would be affected by this proposed AD, that it would take approximately 2 work hours per airplane to accomplish the proposed installation, and that the average labor rate is $60 per work hour. Required parts would cost approximately $1,019 per airplane. Based on these figures, the cost impact of the proposed AD on U.S. operators is estimated to be $217,549, or $1,139 per airplane. </P>
        <P>The cost impact figure discussed above is based on assumptions that no operator has yet accomplished any of the proposed requirements of this AD action, and that no operator would accomplish those actions in the future if this proposed AD were not adopted. The cost impact figures discussed in AD rulemaking actions represent only the time necessary to perform the specific actions actually required by the AD. These figures typically do not include incidental costs, such as the time required to gain access and close up, planning time, or time necessitated by other administrative actions. </P>
        <HD SOURCE="HD1">Regulatory Impact </HD>
        <P>The regulations proposed herein would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, it is determined that this proposal would not have federalism implications under Executive Order 13132. </P>

        <P>For the reasons discussed above, I certify that this proposed regulation (1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) if promulgated, will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. A copy of the draft regulatory evaluation prepared for this action is contained in the Rules Docket. A copy of it may be obtained by contacting the Rules Docket at the location provided under the caption <E T="02">ADDRESSES.</E>
        </P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 14 CFR Part 39 </HD>
          <P>Air transportation, Aircraft, Aviation safety, Safety.</P>
        </LSTSUB>
        <HD SOURCE="HD1">The Proposed Amendment </HD>
        <P>Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: </P>
        <PART>
          <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES </HD>
          <P>1. The authority citation for part 39 continues to read as follows: </P>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>49 U.S.C. 106(g), 40113, 44701. </P>
          </AUTH>
          <SECTION>
            <SECTNO>§ 39.13 </SECTNO>
            <SUBJECT>[Amended] </SUBJECT>
            <P>2. Section 39.13 is amended by adding the following new airworthiness directive: </P>
            
            <EXTRACT>
              <FP SOURCE="FP-2">
                <E T="04">Bombardier, Inc. (Formerly de Havilland, Inc.):</E> Docket 2001-NM-129-AD.</FP>
              <P>
                <E T="03">Applicability:</E> Model DHC-8-100, -200, and -300 series airplanes, serial numbers 003 through 554 inclusive; certificated in any category. </P>
              <NOTE>
                <HD SOURCE="HED">Note 1:</HD>
                <P>This AD applies to each airplane identified in the preceding applicability provision, regardless of whether it has been modified, altered, or repaired in the area subject to the requirements of this AD. For airplanes that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must request approval for an alternative method of compliance in accordance with paragraph (b) of this AD. The request should include an assessment of the effect of the modification, alteration, or repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not been eliminated, the request should include specific proposed actions to address it.</P>
              </NOTE>
              <P>
                <E T="03">Compliance:</E> Required as indicated, unless accomplished previously. </P>
              <P>To prevent a build-up of oil pressure in the oil pump of the propeller control unit, should the existing valve fail, which could lead to oil leaks, fracture of the pump, inability to maintain engine oil pressure, and inability to feather the propeller, with consequent reduced controllability of the aircraft, accomplish the following: </P>
              <HD SOURCE="HD1">Installation </HD>
              <P>(a) Within 24 months after the effective date of this AD or at the next scheduled shop visit, whichever occurs first, install a backup pressure regulating valve in the oil pump in the propeller control unit on each engine, in accordance with Bombardier Service Bulletin 8-61-31, dated October 17, 2000. </P>
              <HD SOURCE="HD1">Alternative Methods of Compliance </HD>
              <P>(b) An alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety may be used if approved by the Manager, New York Aircraft Certification Office (ACO), FAA. Operators shall submit their requests through an appropriate FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, New York Aircraft ACO. </P>
              <NOTE>
                <HD SOURCE="HED">Note 2:</HD>
                <P>Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the New York ACO.</P>
              </NOTE>
              <HD SOURCE="HD1">Special Flight Permits </HD>
              <P>(c) Special flight permits may be issued in accordance with §§ 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD can be accomplished. </P>
              <NOTE>
                <HD SOURCE="HED">Note 3:</HD>
                <P>The subject of this AD is addressed in Canadian airworthiness directive CF-2001-12, dated March 2, 2001. </P>
              </NOTE>
            </EXTRACT>
          </SECTION>
          <SIG>
            <DATED>Issued in Renton, Washington, on August 27, 2001. </DATED>
            <NAME>Kalene C. Yanamura, </NAME>
            <TITLE>Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. </TITLE>
          </SIG>
        </PART>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22088 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 4910-13-U </BILCOD>
    </PRORULE>
    <PRORULE>
      <PREAMB>
        <PRTPAGE P="46241"/>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION </AGENCY>
        <SUBAGY>Federal Aviation Administration </SUBAGY>
        <CFR>14 CFR Part 39 </CFR>
        <DEPDOC>[Docket No. 2001-NM-124-AD] </DEPDOC>
        <RIN>RIN 2120-AA64 </RIN>
        <SUBJECT>Airworthiness Directives; Boeing Model 747-100, 747-200, 747-300, and 747SR Series Airplanes Powered by General Electric CF6-45/50 or Pratt &amp; Whitney JT9D-70 Series Engines </SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Aviation Administration, DOT. </P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of proposed rulemaking (NPRM). </P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This document proposes the supersedure of an existing airworthiness directive (AD), applicable to certain Boeing Model 747-100, 747-200, 747-300, and 747SR series airplanes powered by General Electric CF6-45/50 or Pratt &amp; Whitney JT9D-70 series engines, that currently requires a detailed visual inspection of the outboard diagonal brace for heat damage and cracking; and follow-on repetitive inspections and corrective actions, if necessary. This action proposes to require accomplishment of the previously optional replacement of any existing sealant with heat-resistant sealant as terminating action for the repetitive inspections required by this AD. This proposal is prompted by reports of heat damage to the forward end of the diagonal brace after accomplishment of a previous strut and wing modification. The actions specified by the proposed AD are intended to prevent heat damage to the diagonal brace, which could cause cracking, fracture, and possible loss of the diagonal brace load path and consequent separation of the strut and engine from the airplane. </P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments must be received by October 19, 2001. </P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Submit comments in triplicate to the Federal Aviation Administration (FAA), Transport Airplane Directorate, ANM-114, Attention: Rules Docket No. 2001-NM-124-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056. Comments may be inspected at this location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal holidays. Comments may be submitted via fax to (425) 227-1232. Comments may also be sent via the Internet using the following address: 9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must contain “Docket No. 2001-NM-124-AD” in the subject line and need not be submitted in triplicate. Comments sent via the Internet as attached electronic files must be formatted in Microsoft Word 97 for Windows or ASCII text. </P>
          <P>The service information referenced in the proposed rule may be obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, Washington 98124-2207. This information may be examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington. </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Tamara Anderson, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 227-2771; fax (425) 227-1181. </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Comments Invited </HD>
        <P>Interested persons are invited to participate in the making of the proposed rule by submitting such written data, views, or arguments as they may desire. Communications shall identify the Rules Docket number and be submitted in triplicate to the address specified above. All communications received on or before the closing date for comments, specified above, will be considered before taking action on the proposed rule. The proposals contained in this action may be changed in light of the comments received. </P>
        <P>Submit comments using the following format:</P>
        <P>• Organize comments issue-by-issue. For example, discuss a request to change the compliance time and a request to change the service bulletin reference as two separate issues.</P>
        <P>• For each issue, state what specific change to the proposed AD is being requested.</P>
        <P>• Include justification (e.g., reasons or data) for each request.</P>
        <P>Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the proposed rule. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report summarizing each FAA-public contact concerned with the substance of this proposal will be filed in the Rules Docket.</P>
        <P>Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this action must submit a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket Number 2001-NM-124-AD.” The postcard will be date stamped and returned to the commenter.</P>
        <HD SOURCE="HD1">Availability of NPRMs</HD>
        <P>Any person may obtain a copy of this NPRM by submitting a request to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules Docket No. 2001-NM-124-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056.</P>
        <HD SOURCE="HD1">Discussion</HD>
        <P>On June 4, 2001, the FAA issued AD 2001-12-05, amendment 39-12260 (66 FR 31527, June 12, 2001), applicable to certain Boeing Model 747-100, 747-200, 747-300, and 747SR series airplanes powered by General Electric CF6-45/50 or Pratt &amp; Whitney JT9D-70 series engines, to require a detailed visual inspection of the outboard diagonal brace for heat damage and cracking; and follow-on repetitive inspections and corrective actions, if necessary. That action was prompted by reports of heat damage to the forward end of the diagonal brace after accomplishment of the modification of the nacelle strut and wing structure per AD 95-13-07, amendment 39-9287 (60 FR 33336, June 28, 1995).</P>
        <HD SOURCE="HD1">Actions Since Issuance of Previous Rule</HD>
        <P>In the preamble to AD 2001-12-05, the FAA specified that the actions required by that AD were considered “interim action” and that the FAA was considering further rulemaking action to supersede that AD to require removal of the existing sealant and replacement with heat-resistant sealant, which would constitute terminating action for the repetitive inspections required by that AD action. The FAA now has determined that further rulemaking action is indeed necessary, and this proposed AD follows from that determination.</P>

        <P>The FAA has determined that long-term continued operational safety will be better ensured by modifications or design changes to remove the source of the problem, rather than by repetitive inspections. Long-term inspections may not be providing the degree of safety assurance necessary for the transport airplane fleet. This, coupled with a better understanding of the human factors associated with numerous repetitive inspections, has led the FAA to consider placing less emphasis on special procedures and more emphasis on design improvements. The proposed corrective actions are consistent with these considerations.<PRTPAGE P="46242"/>
        </P>
        <HD SOURCE="HD1">Explanation of Requirements of Proposed Rule</HD>
        <P>Since an unsafe condition has been identified that is likely to exist or develop on other products of this same type design, the proposed AD would supersede AD 2001-12-05 to continue to require a detailed visual inspection of the outboard diagonal brace for heat damage and cracking; and follow-on repetitive inspections and corrective actions, if necessary. This proposal would also require replacing any existing sealant with heat-resistant sealant, and either replacing or repairing the diagonal brace, if necessary, which constitutes terminating action for the repetitive inspections required by this proposed AD.</P>
        <HD SOURCE="HD1">Difference Between the Proposed Rule and Service Bulletin</HD>
        <P>Operators should note that the service bulletin specifies that the diagonal brace may either be replaced per the service bulletin, or the manufacturer may be contacted for possible alternative rework (repair) instructions. However, paragraph (c)(2)(ii) of this proposed AD specifies that the repair be accomplished per a method approved by the Manager, Seattle Aircraft Certification Office, FAA; or per data meeting the type certification basis of the airplane approved by a Boeing Company Designated Engineering Representative who has been authorized by the Manager, Seattle ACO, to make such findings.</P>
        <HD SOURCE="HD1">Cost Impact</HD>
        <P>There are approximately 145 Model 747 series airplanes of the affected design in the worldwide fleet. The FAA estimates that 39 airplanes of U.S. registry would be affected by this proposed AD.</P>
        <P>The repetitive inspections that are currently required by AD 2001-12-05 take approximately 1 work hour per airplane to accomplish, at an average labor rate of $60 per work hour. Based on these figures, the cost impact of the currently required actions is estimated to be $2,340 per airplane, per inspection cycle.</P>
        <P>The terminating action that is proposed in this AD action would take approximately 2 work hours per airplane to accomplish, at an average labor rate of $60 per work hour. Required parts would cost approximately $100 per airplane. Based on these figures, the cost impact of the proposed requirements of this AD is estimated to be $8,580, or $220 per airplane.</P>
        <P>The cost impact figures discussed above are based on assumptions that no operator has yet accomplished any of the proposed requirements of this AD action, and that no operator would accomplish those actions in the future if this AD were not adopted. The cost impact figures discussed in AD rulemaking actions represent only the time necessary to perform the specific actions actually required by the AD. These figures typically do not include incidental costs, such as the time required to gain access and close up, planning time, or time necessitated by other administrative actions.</P>
        <HD SOURCE="HD1">Regulatory Impact</HD>
        <P>The regulations proposed herein would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, it is determined that this proposal would not have federalism implications under Executive Order 13132.</P>

        <P>For the reasons discussed above, I certify that this proposed regulation (1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) if promulgated, will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. A copy of the draft regulatory evaluation prepared for this action is contained in the Rules Docket. A copy of it may be obtained by contacting the Rules Docket at the location provided under the caption <E T="02">ADDRESSES</E>.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 14 CFR Part 39</HD>
          <P>Air transportation, Aircraft, Aviation safety, Safety.</P>
        </LSTSUB>
        <HD SOURCE="HD1">The Proposed Amendment</HD>
        <P>Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows:</P>
        <PART>
          <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES</HD>
          <P>1. The authority citation for part 39 continues to read as follows:</P>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>49 U.S.C. 106(g), 40113, 44701.</P>
          </AUTH>
          <SECTION>
            <SECTNO>§ 39.13</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
            <P>2. Section 39.13 is amended by removing amendment 39-12260 (66 FR 31527, June 12, 2001), and by adding a new airworthiness directive (AD), to read as follows:</P>
            
            <EXTRACT>
              <FP SOURCE="FP-2">
                <E T="04">Boeing:</E> Docket 2001-NM-124-AD. Supersedes AD 2001-12-05, Amendment 39-12260.</FP>
              
              <P>
                <E T="03">Applicability:</E> Model 747-100, 747-200, 747-300, and 747SR series airplanes; certificated in any category; powered by General Electric CF6-45/50 series engines, or Pratt &amp; Whitney JT9D-70 series engines.</P>
              <NOTE>
                <HD SOURCE="HED">Note 1:</HD>
                <P>This AD applies to each airplane identified in the preceding applicability provision, regardless of whether it has been modified, altered, or repaired in the area subject to the requirements of this AD. For airplanes that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must request approval for an alternative method of compliance in accordance with paragraph (d) of this AD. The request should include an assessment of the effect of the modification, alteration, or repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not been eliminated, the request should include specific proposed actions to address it.</P>
              </NOTE>
              <P>
                <E T="03">Compliance:</E> Required as indicated, unless accomplished previously.</P>
              <P>To prevent heat damage to the diagonal brace, which could cause cracking or fracture of the diagonal brace, and possible loss of the diagonal brace load path and consequent separation of the strut and engine from the airplane, accomplish the following:</P>
              <HD SOURCE="HD1">Restatement of Certain Requirements of AD 2000-12-05</HD>
              <HD SOURCE="HD1">Verification</HD>
              <P>(a) Within 90 days after June 27, 2001 (the effective date of AD 2001-12-05), do the actions required by paragraph (a)(1) or (a)(2) of this AD, as applicable.</P>
              <P>(1) If an operator's maintenance records verify that, during the accomplishment of AD 95-13-07, amendment 39-9287, the seal backup plates were restored and BMS 5-63 high-temperature sealant was used in that restoration, no further action is required by this AD.</P>
              <P>(2) If an operator's maintenance records do not verify that the actions specified in paragraph (a)(1) of this AD were accomplished, do the actions required by paragraph (b) of this AD.</P>
              <HD SOURCE="HD1">Inspections and Corrective Actions</HD>
              <P>(b) Within 90 days after June 27, 2001, do the inspections and applicable corrective actions specified by paragraphs (b)(1) and (b)(2) of this AD per the Accomplishment Instructions of Boeing Alert Service Bulletin 747-54A2208, dated March 29, 2001. Thereafter, repeat the inspections at intervals not to exceed 6 months, until accomplishment of paragraph (c) of this AD.</P>
              <HD SOURCE="HD1">Outboard Strut Diagonal Brace</HD>
              <P>(1) Do a detailed visual inspection of the forward 20 inches of the outboard strut diagonal brace, including all areas of the forward clevis lugs and brace body, for signs of heat damage or cracks, per Part 1 of the Accomplishment Instructions of the service bulletin.</P>

              <P>(i) If no sign of heat damage or cracking is found, repeat the detailed visual inspection <PRTPAGE P="46243"/>at intervals not to exceed 6 months per the service bulletin, until accomplishment of paragraph (c) of this AD.</P>
              <P>(ii) If any primer discoloration is found, before further flight, do a non-destructive test (NDT) inspection of the area to determine if the diagonal brace has heat damage per Part 1 of the Accomplishment Instructions of the service bulletin. </P>
              <P>(A) If no heat damage is found during the NDT inspection, and no cracking is found during the detailed visual inspection, repeat the detailed visual inspection specified by paragraph (b)(1) of this AD at intervals not to exceed 6 months. </P>
              <P>(B) If any heat damage is found during the NDT inspection, or any cracking is found during the detailed visual inspection, before further flight, do the actions specified in paragraph (c)(2) of this AD. Thereafter, repeat the detailed visual inspection specified by paragraph (b)(1) of this AD at intervals not to exceed 6 months. </P>
              <HD SOURCE="HD1">Firewall Openings of the Strut Aft Bulkhead </HD>
              <P>(2) Do a detailed visual inspection of the firewall openings of the strut aft bulkhead to verify installation of seal backup plates and condition of the sealant application per Part 1 of the Accomplishment Instructions of the service bulletin. </P>
              <P>(i) If no discrepancy (including damaged or missing seal backup plates, or damaged or missing sealant) is found, repeat the detailed visual inspection specified by paragraph (b)(1) of this AD at intervals not to exceed 6 months. </P>
              <P>(ii) If the seal backup plates are not installed, before further flight, install the seal backup plates and apply heat-resistant sealant, BMS 5-63, per Part 2 of the Accomplishment Instructions of the service bulletin. Accomplishment of this action terminates the repetitive inspections required by this AD. </P>
              <P>(iii) If the seal backup plates are installed, but the sealant application is damaged or missing, before further flight, remove any existing sealant and apply heat-resistant sealant, BMS 5-63, per Part 3 of the Accomplishment Instructions of the service bulletin. Accomplishment of this action terminates the repetitive inspections required by this AD. </P>
              <NOTE>
                <HD SOURCE="HED">Note 2:</HD>
                <P>Because it is difficult to distinguish between BMS 5-95 and BMS 5-63 sealants, removal and replacement of the existing sealant is required to ensure that the correct heat-resistant sealant, BMS 5-63, is used.</P>
              </NOTE>
              <HD SOURCE="HD1">New Requirements of This AD</HD>
              <HD SOURCE="HD1">Terminating Action and Corrective Action </HD>
              <P>(c) Within 18 months after the effective date of this AD: Do the action specified by paragraph (c)(1), (c)(2), or (c)(3) of this AD, as applicable. Accomplishment of the applicable action constitutes terminating action for the repetitive inspections required by this AD. </P>
              <P>(1) Following the inspections required by paragraphs (b)(1) and (b)(2) of this AD, if no cracking or heat damage is found during those inspections, and the seal backup plates are installed, before further flight, remove any existing sealant and apply heat-resistant sealant BMS 5-63, per Part 3 of the Accomplishment Instructions of Boeing Alert Service Bulletin 747-54A2208, dated March 29, 2001. </P>
              <P>(2) If any sign of heat damage or cracking is found during the inspections required by paragraph (b) of this AD, before further flight, do the actions specified by either paragraph (c)(2)(i) or (c)(2)(ii) of this AD. </P>
              <P>(i) Replace the diagonal brace per Part 4 of the Accomplishment Instructions of Boeing Alert Service Bulletin 747-54A2208, dated March 29, 2001; </P>
              <P>(ii) Repair per a method approved by the Manager, Seattle Aircraft Certification Office (ACO), FAA; or per data meeting the type certification basis of the airplane approved by a Boeing Company Designated Engineering Representative who has been authorized by the Manager, Seattle ACO, to make such findings. For a repair method to be approved by the Manager, Seattle ACO, as required by this paragraph, the Manager's approval letter must specifically reference this AD. </P>
              <P>(3) If the seal back-up plates are not installed, before further flight, install the seal backup plates and apply heat-resistant sealant BMS 5-63, per Part 2 of the Accomplishment Instructions of the service bulletin. </P>
              <HD SOURCE="HD1">Alternative Methods of Compliance </HD>
              <P>(d) An alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety may be used if approved by the Manager, Seattle ACO. Operators shall submit their requests through an appropriate FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, Seattle ACO. </P>
              <NOTE>
                <HD SOURCE="HED">Note 3:</HD>
                <P>Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Seattle ACO.</P>
              </NOTE>
              <HD SOURCE="HD1">Special Flight Permits </HD>
              <P>(e) Special flight permits may be issued in accordance with 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD can be accomplished.</P>
            </EXTRACT>
          </SECTION>
          <SIG>
            <DATED>Issued in Renton, Washington, on August 27, 2001. </DATED>
            <NAME>Kalene C. Yanamura, </NAME>
            <TITLE>Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. </TITLE>
          </SIG>
        </PART>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22089 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 4910-13-U </BILCOD>
    </PRORULE>
    <PRORULE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION </AGENCY>
        <SUBAGY>Federal Aviation Administration </SUBAGY>
        <CFR>14 CFR Part 39 </CFR>
        <DEPDOC>[Docket No. 2000-NM-413-AD] </DEPDOC>
        <RIN>RIN 2120-AA64 </RIN>
        <SUBJECT>Airworthiness Directives; Airbus Model A319, A320, and A321 Series Airplanes </SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Aviation Administration, DOT. </P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of proposed rulemaking (NPRM).</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This document proposes the supersedure of an existing airworthiness directive (AD), applicable to certain Airbus Model A319, A320, and A321 series airplanes, that currently requires a one-time ultrasonic inspection to detect disbonding of the skin attachments at the stringers and spars of the vertical stabilizer, and repair, if necessary. For certain airplanes, that AD also requires prior or concurrent modification of the vertical stabilizer to ensure proper reinforcement of its attachment to the skin. This action would require ultrasonic inspections of the subject area, and repair, as necessary. It would also require installation of fasteners to reinforce the bonds to the skin, which would terminate the repetitive inspections. This proposal is prompted by issuance of mandatory continuing airworthiness information by a foreign civil airworthiness authority. The actions specified by the proposed AD are necessary to prevent failure of the bonds of the vertical stabilizer spar boxes to the skin, which could lead to reduced structural integrity of the spar boxes. </P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments must be received by October 4, 2001. </P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Submit comments in triplicate to the Federal Aviation Administration (FAA), Transport Airplane Directorate, ANM-114, Attention: Rules Docket Number 2000-NM-413-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056. Comments may be inspected at this location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal holidays. Comments may be submitted via fax to (425) 227-1232. Comments may also be sent via the Internet using the following address: 9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must contain “Docket No. 2000-NM-413-AD” in the subject line and need not be submitted in triplicate. Comments sent via the Internet as attached electronic files must <PRTPAGE P="46244"/>be formatted in Microsoft Word 97 for Windows or ASCII text. </P>
          <P>The service information referenced in the proposed rule may be obtained from Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France. This information may be examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington. </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Dan Rodina, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 227-2125; fax (425) 227-1149. </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Comments Invited </HD>
        <P>Interested persons are invited to participate in the making of the proposed rule by submitting such written data, views, or arguments as they may desire. Communications shall identify the Rules Docket number and be submitted in triplicate to the address specified above. All communications received on or before the closing date for comments, specified above, will be considered before taking action on the proposed rule. The proposals contained in this action may be changed in light of the comments received. </P>
        <P>Submit comments using the following format: </P>
        <P>• Organize comments issue-by-issue. For example, discuss a request to change the compliance time and a request to change the service bulletin reference as two separate issues. </P>
        <P>• For each issue, state what specific change to the proposed AD is being requested. </P>
        <P>• Include justification (e.g., reasons or data) for each request. </P>
        <P>Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the proposed rule. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report summarizing each FAA-public contact concerned with the substance of this proposal will be filed in the Rules Docket. </P>
        <P>Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this action must submit a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket Number 2000-NM-413-AD.” The postcard will be date stamped and returned to the commenter. </P>
        <HD SOURCE="HD1">Availability of NPRMs </HD>
        <P>Any person may obtain a copy of this NPRM by submitting a request to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules Docket Number 2000-NM-413-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056. </P>
        <HD SOURCE="HD1">Discussion </HD>
        <P>On June 2, 2000, the FAA issued AD 2000-11-27, amendment 39-11776 (65 FR 37029, June 13, 2000), applicable to certain Airbus Model A319, A320, and A321 series airplanes, to require a one-time ultrasonic inspection to detect disbonding of the skin attachments at the stringers and spars of the vertical stabilizer, and repair, if necessary. For certain airplanes, that AD also requires prior or concurrent modification of the vertical stabilizer to ensure proper reinforcement of its attachment to the skin. That AD was prompted by reports received from the Direction Générale de l'Aviation Civile (DGAC), which is the airworthiness authority for France, of localized failure of bonds of the spars and stringers on several vertical stabilizer spar boxes to the skin. The failure resulted from contamination of the bonding surface during the production process. The requirements of that AD are intended to detect and correct disbonding of the vertical stabilizer structure, which could result in reduced structural integrity of the spar boxes of the vertical stabilizer. </P>
        <P>In the preamble of AD 2000-11-27, the FAA indicated that the actions required by that AD were considered to be interim action. Airbus had advised that it was then developing a program of repetitive inspections to address the localized disbonding. The FAA indicated that it might consider additional rulemaking once the repetitive inspection program had been developed, approved, and made available. </P>
        <P>Since the issuance of AD 2000-11-27, Airbus has developed a program for repetitive ultrasonic inspections of the bonds between the spars and stringers of the vertical stabilizer spar boxes and the skin. Airbus has also developed a program for installation of fasteners to reinforce the bond of the vertical stabilizers to the skin, which terminates the repetitive ultrasonic inspections. Airbus has incorporated these programs into the service bulletins described below. </P>
        <HD SOURCE="HD1">Explanation of Relevant Service Information </HD>
        <P>Airbus has issued Service Bulletin A320-55A1027, Revision 02, dated February 13, 2001, which describes procedures for repetitive ultrasonic inspections of the spars and stringers of the vertical stabilizer spar box for failure of the bonds to the skin; and procedures for repair of localized areas of disbonding. </P>
        <P>Airbus has also issued Service Bulletin A320-55-1028, Revision 03, dated November 2, 2000, which describes procedures for installation of fasteners to reinforce those areas where the bond between the spars and stringers of the vertical stabilizer spar box and the skin are susceptible to failure. This installation terminates the repetitive inspections of the vertical stabilizer spar box. </P>
        <P>Accomplishment of the actions specified in these service bulletins is intended to adequately address the identified unsafe condition. The DGAC classified both service bulletins as mandatory and issued French airworthiness directive 2000-520-159(B), dated December 13, 2000, in order to assure the continued airworthiness of these airplanes in France. </P>
        <HD SOURCE="HD1">FAA's Conclusions </HD>
        <P>These airplane models are manufactured in France and are type certificated for operation in the United States under the provisions of § 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. Pursuant to this bilateral airworthiness agreement, the DGAC has kept the FAA informed of the situation described above. The FAA has examined the findings of the DGAC, reviewed all available information, and determined that AD action is necessary for products of this type design that are certificated for operation in the United States. </P>
        <HD SOURCE="HD1">Explanation of Requirements of Proposed Rule </HD>

        <P>Since an unsafe condition has been identified that is likely to exist or develop on other airplanes of the same type design registered in the United States, the proposed AD would supersede AD 2000-11-27 to require repetitive ultrasonic inspection to detect disbonding of the skin attachments at the stringers and spars of the vertical stabilizer; and repair, if necessary. For certain airplanes, the proposed AD would continue to require prior or concurrent modification of the vertical stabilizer to ensure proper reinforcement of its attachment to the skin. The proposed AD would also require installation of fasteners to reinforce the bonds to the skin, which would constitute terminating action for <PRTPAGE P="46245"/>the repetitive inspections. The actions would be required to be accomplished in accordance with the service bulletins described previously. </P>
        <HD SOURCE="HD1">Cost Impact </HD>
        <P>There are approximately 23 airplanes of U.S. registry that would be affected by this proposed AD. </P>
        <P>The repetitive inspections that are proposed in this AD would take approximately 3 to 7 work hours per airplane to accomplish, at an average labor rate of $60 per work hour. Required parts would be provided by the airplane manufacturer at no cost to operators. Based on these figures, the cost impact on U.S. operators of the repetitive inspections proposed in this AD is estimated to be $4,140 to $9,660, or $180 to $420 per airplane, per inspection cycle. </P>
        <P>The installation of fasteners proposed in this AD would take approximately 5 to 480 work hours per airplane to accomplish, depending upon the configuration of the airplane, at an average labor rate of $60 per work hour. Required parts would be provided by the airplane manufacturer at no cost to operators. Based on these figures, the cost impact on U.S. operators of the modification proposed in this AD is estimated to be $6,900 to $662,400, or $300 to $28,800 per airplane. </P>
        <P>The cost impact figures discussed above are based on assumptions that no operator has yet accomplished any of the requirements of the proposed AD, and that no operator would accomplish those actions in the future if this AD were not adopted. </P>
        <HD SOURCE="HD1">Regulatory Impact </HD>
        <P>The regulations proposed herein would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, it is determined that this proposal would not have federalism implications under Executive Order 13132. </P>

        <P>For the reasons discussed above, I certify that this proposed regulation (1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) if promulgated, will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. A copy of the draft regulatory evaluation prepared for this action is contained in the Rules Docket. A copy of it may be obtained by contacting the Rules Docket at the location provided under the caption <E T="02">ADDRESSES</E>.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 14 CFR Part 39 </HD>
          <P>Air transportation, Aircraft, Aviation safety, Safety.</P>
        </LSTSUB>
        <HD SOURCE="HD1">The Proposed Amendment </HD>
        <P>Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: </P>
        <PART>
          <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES </HD>
          <P>1. The authority citation for part 39 continues to read as follows: </P>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>49 U.S.C. 106(g), 40113, 44701. </P>
          </AUTH>
          <SECTION>
            <SECTNO>§ 39.13 </SECTNO>
            <SUBJECT>[Amended] </SUBJECT>
            <P>2. Section 39.13 is amended by removing amendment 39-11776 (65 FR 37029, June 13, 2000), and by adding a new airworthiness directive (AD), to read as follows: </P>
            
            <EXTRACT>
              <FP SOURCE="FP-2">
                <E T="04">Airbus Industrie:</E> Docket 2000-NM-413-AD. Supersedes AD 2000-11-27, Amendment 39-11776. </FP>
              
              <P>
                <E T="03">Applicability:</E> Model A319, A320, and A321 series airplanes; certificated in any category; as listed in Airbus Service Bulletin A320-55A1027, dated May 13, 2000; Revision 01, dated August 1, 2000; or Revision 02, dated February 13, 2001, except those airplanes which have incorporated Modification No. 30432K6788, in accordance with Airbus Service Bulletin A320-55-1028, Revision 03, dated November 2, 2000. </P>
              <NOTE>
                <HD SOURCE="HED">Note 1:</HD>
                <P>This AD applies to each airplane identified in the preceding applicability provision, regardless of whether it has been modified, altered, or repaired in the area subject to the requirements of this AD. For airplanes that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must request approval for an alternative method of compliance in accordance with paragraph (g)(1) of this AD. The request should include an assessment of the effect of the modification, alteration, or repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not been eliminated, the request should include specific proposed actions to address it.</P>
              </NOTE>
              <P>
                <E T="03">Compliance:</E> Required as indicated, unless accomplished previously. </P>
              <P>To prevent failure of the bonds of the vertical stabilizer spar box to the skin, which could lead to reduced structural integrity of the spar box, accomplish the following: </P>
              <HD SOURCE="HD1">Restatement of Requirements of AD 2000-11-27</HD>
              <HD SOURCE="HD1">Ultrasonic Inspection </HD>
              <P>(a) Within 60 days after June 28, 2000 (the effective date of AD 2000-11-27, amendment 39-11776): Perform a one-time ultrasonic inspection to detect disbonding (damage) of the skin attachments the stringers and spars of the vertical stabilizer, left- and right-hand sides, in accordance with Airbus Service Bulletin A320-55A1027, dated May 13, 2000; Revision 01, dated August 1, 2000; or Revision 02, dated February 13, 2001. </P>
              <HD SOURCE="HD1">Modification (for Certain Airplanes) </HD>
              <P>(b) For airplanes with manufacturer's serial numbers listed in paragraph B of the Planning Information of Airbus Service Bulletin A320-55A1027, dated May 13, 2000; Revision 01, dated August 1, 2000; or Revision 02, dated February 13, 2001: Prior to or concurrent with the ultrasonic inspection required by paragraph (a) of this AD, modify the vertical stabilizer to ensure proper reinforcement of the structure/skin attachments, in accordance with Airbus Service Bulletin A320-55-1026, Revision 01, dated May 20, 1999. </P>
              <HD SOURCE="HD1">New Requirements of Proposed AD</HD>
              <HD SOURCE="HD1">Repetitive Inspections and Repair, If Necessary </HD>
              <P>(c) Within 1,100 flight cycles from the previous inspection performed in accordance with paragraph (a) of this AD, or 60 days after the effective date of this AD, whichever occurs later: Perform an ultrasonic inspection to detect disbonding of the skin attachment at the spars and the stringers of the vertical stabilizer spar box, in accordance with Airbus Service Bulletin A320-55A1027, dated May 13, 2000; Revision 01, dated August 1, 2000; or Revision 02, dated February 13, 2001. </P>
              <P>(d) If no damage is detected, or if only a single area of damage is found and it is less than or equal to an area of 300 square millimeters (mm<SU>2</SU>) during any ultrasonic inspection required by this AD, repeat the ultrasonic inspection thereafter at intervals not to exceed 1,100 flight cycles. </P>
              <P>(e) If any damage is detected and the area of damage found is greater than 300 mm<SU>2</SU>, or if multiple damage is found on one specific component (stringer/spar attachment) during any ultrasonic inspection required by this AD, prior to further flight, accomplish applicable repairs in accordance with Airbus Service Bulletin A320-55A1027, dated May 13, 2000; Revision 01, dated August 1, 2000; or 02, dated February 13, 2001. Repeat the ultrasonic inspection thereafter at intervals not to exceed 1,100 flight cycles. </P>
              <HD SOURCE="HD1">Modification</HD>
              <P>(f) Within 5 years after the date of manufacture of the airplane: Install fasteners to reinforce the attachment between the skin panel and areas of the vertical stabilizer affected by disbonding, in accordance with Airbus Service Bulletin A320-55-1028, Revision 03, dated November 2, 2000. Accomplishment of the installation terminates the repetitive inspections required by paragraph (c) of this AD.</P>
              <HD SOURCE="HD1">Alternative Methods of Compliance</HD>

              <P>(g)(1) An alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety may be used if approved by the Manager, International Branch, ANM-116, FAA, <PRTPAGE P="46246"/>Transport Airplane Directorate. Operators shall submit their requests through an appropriate FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, International Branch, ANM-116.</P>
              <P>(2) Alternative methods of compliance, approved previously in accordance with AD 2000-11-27, amendment 39-11776, are approved as alternative methods of compliance with paragraphs (a) and (b) of this AD.</P>
              <NOTE>
                <HD SOURCE="HED">Note 2:</HD>
                <P>Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the International Branch, ANM-116.</P>
              </NOTE>
              <HD SOURCE="HD1">Special Flight Permits</HD>
              <P>(h) Special flight permits may be issued in accordance with §§ 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD can be accomplished.</P>
              <NOTE>
                <HD SOURCE="HED">Note 3:</HD>
                <P>The subject of this AD is addressed in French airworthiness directive 2000-520-159(B), dated December 13, 2000.</P>
              </NOTE>
            </EXTRACT>
          </SECTION>
          <SIG>
            <DATED>Issued in Renton, Washington, on August 27, 2001.</DATED>
            <NAME>Kalene C. Yanamura,</NAME>
            <TITLE>Acting Manager, Transport Airplane Directorate Aircraft, Certification Service.</TITLE>
          </SIG>
        </PART>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22090 Filed 8-31-01; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-13-U</BILCOD>
    </PRORULE>
    <PRORULE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION </AGENCY>
        <SUBAGY>Federal Aviation Administration </SUBAGY>
        <CFR>14 CFR Part 39 </CFR>
        <DEPDOC>[Docket No. 2000-NM-411-AD] </DEPDOC>
        <RIN>RIN 2120-AA64 </RIN>
        <SUBJECT>Airworthiness Directives; Airbus Model A319-131 and -132; A320-231, -232, and -233; and A321-131 and -231 Series Airplanes </SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Aviation Administration, DOT. </P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of proposed rulemaking (NPRM). </P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This document proposes the adoption of a new airworthiness directive (AD) that is applicable to certain Airbus Model A319-131 and -132; A320-231, -232, and -233; and A321-131 and -231 series airplanes. This proposal would require installing new anti-swivel plates and weights on the engine fan cowl door latches. This action is necessary to prevent separation of the fan cowl door from the airplane in flight, which could result in damage to the airplane and hazards to persons or property on the ground. This action is intended to address the identified unsafe condition. </P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments must be received by October 4, 2001. </P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Submit comments in triplicate to the Federal Aviation Administration (FAA), Transport Airplane Directorate, ANM-114, Attention: Rules Docket No. 2000-NM-411-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056. Comments may be inspected at this location between 9 a.m. and 3 p.m., Monday through Friday, except Federal holidays. Comments may be submitted via fax to (425) 227-1232. Comments may also be sent via the Internet using the following address: <E T="03">9-anm-nprmcomment@faa.gov.</E> Comments sent via fax or the Internet must contain “Docket No. 2000-NM-411-AD” in the subject line and need not be submitted in triplicate. Comments sent via the Internet as attached electronic files must be formatted in Microsoft Word 97 for Windows or ASCII text. </P>
          <P>The service information referenced in the proposed rule may be obtained from Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France. This information may be examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington. </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Tim Dulin, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 227-2141; fax (425) 227-1149. </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Comments Invited </HD>
        <P>Interested persons are invited to participate in the making of the proposed rule by submitting such written data, views, or arguments as they may desire. Communications shall identify the Rules Docket number and be submitted in triplicate to the address specified above. All communications received on or before the closing date for comments, specified above, will be considered before taking action on the proposed rule. The proposals contained in this action may be changed in light of the comments received. </P>
        <P>Submit comments using the following format: </P>
        <P>• Organize comments issue-by-issue. For example, discuss a request to change the compliance time and a request to change the service bulletin reference as two separate issues. </P>
        <P>• For each issue, state what specific change to the proposed AD is being requested. </P>
        <P>• Include justification (<E T="03">e.g.,</E> reasons or data) for each request. </P>
        <P>Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the proposed rule. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report summarizing each FAA-public contact concerned with the substance of this proposal will be filed in the Rules Docket. </P>
        <P>Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this action must submit a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. 2000-NM-411-AD.” The postcard will be date stamped and returned to the commenter. </P>
        <HD SOURCE="HD1">Availability of NPRMs </HD>
        <P>Any person may obtain a copy of this NPRM by submitting a request to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules Docket No. 2000-NM-411-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056. </P>
        <HD SOURCE="HD1">Discussion </HD>
        <P>The Direction Générale de l'Aviation Civile (DGAC), which is the airworthiness authority for France, notified the FAA that an unsafe condition may exist on certain Airbus Model A319-131 and -132; A320-231, -232, and -233; and A321-131 and -231 series airplanes. The DGAC advises that there have been several incidents in which the fan cowl door on a International Aero Engine Model V2500 engine separated from the airplane during takeoff because the door was not fully latched prior to dispatch. This condition, if not corrected, could result in damage to the airplane and hazards to persons or property on the ground. </P>
        <HD SOURCE="HD1">Explanation of Relevant Service Information </HD>

        <P>International Aero Engines (the engine manufacturer) has issued Service Bulletin V2500-NAC-71-0256, dated June 23, 1999. The service bulletin describes procedures for installing new anti-swivel plates and weights on the latches on the engine fan cowl door. With this installation, any latch not fully engaged will hang down and be more visible to maintenance crew personnel. Accomplishment of the actions specified in the service bulletin is intended to adequately address the identified unsafe condition. The DGAC classified this service bulletin as mandatory and issued French airworthiness directive 2000-444-<PRTPAGE P="46247"/>156(B), dated October 31, 2000, to ensure the continued airworthiness of these airplanes in France. </P>
        <HD SOURCE="HD1">FAA's Conclusions </HD>
        <P>These airplane models are manufactured in France and are type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. Pursuant to this bilateral airworthiness agreement, the DGAC has kept the FAA informed of the situation described above. The FAA has examined the findings of the DGAC, reviewed all available information, and determined that AD action is necessary for products of this type design that are certificated for operation in the United States. </P>
        <HD SOURCE="HD1">Explanation of Requirements of Proposed Rule </HD>
        <P>Since an unsafe condition has been identified that is likely to exist or develop on other airplanes of the same type design registered in the United States, the proposed AD would require accomplishment of the actions specified in the service bulletin described previously. </P>
        <HD SOURCE="HD1">Cost Impact </HD>
        <P>The FAA estimates that 145 airplanes of U.S. registry would be affected by this proposed AD, that it would take approximately 5 work hours per airplane to accomplish the proposed actions, and that the average labor rate is $60 per work hour. The cost of required parts would be minimal. Based on these figures, the cost impact of the proposed AD on U.S. operators is estimated to be $43,500, or $300 per airplane. </P>
        <P>The cost impact figure discussed above is based on assumptions that no operator has yet accomplished any of the proposed requirements of this AD action, and that no operator would accomplish those actions in the future if this proposed AD were not adopted. The cost impact figures discussed in AD rulemaking actions represent only the time necessary to perform the specific actions actually required by the AD. These figures typically do not include incidental costs, such as the time required to gain access and close up, planning time, or time necessitated by other administrative actions.</P>
        <HD SOURCE="HD1">Regulatory Impact</HD>
        <P>The regulations proposed herein would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, it is determined that this proposal would not have federalism implications under Executive Order 13132.</P>

        <P>For the reasons discussed above, I certify that this proposed regulation (1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) if promulgated, will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. A copy of the draft regulatory evaluation prepared for this action is contained in the Rules Docket. A copy of it may be obtained by contacting the Rules Docket at the location provided under the caption <E T="02">ADDRESSES</E>.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 14 CFR Part 39</HD>
          <P>Air transportation, Aircraft, Aviation safety, Safety.</P>
        </LSTSUB>
        <HD SOURCE="HD1">The Proposed Amendment</HD>
        <P>Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows:</P>
        <PART>
          <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES</HD>
          <P>1. The authority citation for part 39 continues to read as follows:</P>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>49 U.S.C. 106(g), 40113, 44701.</P>
          </AUTH>
          <SECTION>
            <SECTNO>§ 39.13</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
            <P>2. Section 39.13 is amended by adding the following new airworthiness directive:</P>
            
            <EXTRACT>
              <FP SOURCE="FP-2">
                <E T="04">Airbus Industrie:</E> Docket 2000-NM-411-AD.</FP>
              
              <P>
                <E T="03">Applicability:</E> Model A319-131 and -132; A320-231, -232, and -233; and A321-131 and -231 series airplanes; certificated in any category; except those on which Airbus production Modification 21948/P6222 or 24259/P6222 has been incorporated.</P>
              <NOTE>
                <HD SOURCE="HED">Note 1:</HD>
                <P>This AD applies to each airplane identified in the preceding applicability provision, regardless of whether it has been otherwise modified, altered, or repaired in the area subject to the requirements of this AD. For airplanes that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must request approval for an alternative method of compliance in accordance with paragraph (b) of this AD. The request should include an assessment of the effect of the modification, alteration, or repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not been eliminated, the request should include specific proposed actions to address it.</P>
              </NOTE>
              <P>
                <E T="03">Compliance:</E> Required as indicated, unless accomplished previously.</P>
              <P>To prevent separation of the engine fan cowl door from the airplane in flight, which could result in damage to the airplane and hazards to persons or property on the ground, accomplish the following:</P>
              <HD SOURCE="HD1">Installation</HD>
              <P>(a) Within 18 months after the effective date of this AD, install new anti-swivel plates and weights on all engine fan cowl door latches, in accordance with International Aero Engines Service Bulletin V2500-NAC-71-0256, dated June 23, 1999.</P>
              <HD SOURCE="HD1">Alternative Methods of Compliance</HD>
              <P>(b) An alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety may be used if approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA. Operators shall submit their requests through an appropriate FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, International Branch, ANM-116.</P>
              <NOTE>
                <HD SOURCE="HED">Note 2:</HD>
                <P>Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the International Branch, ANM-116.</P>
              </NOTE>
              <HD SOURCE="HD1">Special Flight Permits</HD>
              <P>(c) Special flight permits may be issued in accordance with sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD can be accomplished.</P>
              <NOTE>
                <HD SOURCE="HED">Note 3:</HD>
                <P>The subject of this AD is addressed in French airworthiness directive 2000-444-156(B), dated October 31, 2000.</P>
              </NOTE>
            </EXTRACT>
          </SECTION>
          <SIG>
            <DATED>Issued in Renton, Washington, on August 27, 2001.</DATED>
            <NAME>Kalene C. Yanamura,</NAME>
            <TITLE>Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.</TITLE>
          </SIG>
        </PART>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22091 Filed 8-31-01; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-13-U</BILCOD>
    </PRORULE>
    <PRORULE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Federal Aviation Administration</SUBAGY>
        <CFR>14 CFR Part 39</CFR>
        <DEPDOC>[Docket No. 2000-NM-394-AD]</DEPDOC>
        <RIN>RIN 2120-AA64</RIN>
        <SUBJECT>Airworthiness Directives; Boeing Model 737-100, -200, -200C, -300, -400, and -500 Series Airplanes</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Aviation Administration, DOT.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of proposed rulemaking (NPRM).</P>
        </ACT>
        <SUM>
          <PRTPAGE P="46248"/>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This document proposes the adoption of a new airworthiness directive (AD) that is applicable to all Boeing Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. For certain airplanes, this proposal would require a one-time inspection or a review of the maintenance records of the airplane to determine if a particular control rod barrel for the aileron tabs is installed, and follow-on repetitive inspections for cracking of the control rod barrels and replacement of the control rod barrels with new barrels, if necessary. Such replacement would terminate the repetitive inspections. For all airplanes, this proposal would prohibit installation of a certain control rod barrel for the aileron tabs. This action is necessary to prevent the disconnection of an aileron tab, which could lead to severe airframe vibrations; consequent damage to the aileron tab, aileron, and wing; and loss of controllability of the airplane. This action is intended to address the identified unsafe condition.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments must be received by October 19, 2001.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Submit comments in triplicate to the Federal Aviation Administration (FAA), Transport Airplane Directorate, ANM-114, Attention: Rules Docket No. 2000-NM-394-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056. Comments may be inspected at this location between 9 a.m. and 3 p.m., Monday through Friday, except Federal holidays. Comments may be submitted via fax to (425) 227-1232. Comments may also be sent via the Internet using the following address: 9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must contain “Docket No. 2000-NM-394-AD” in the subject line and need not be submitted in triplicate. Comments sent via the Internet as attached electronic files must be formatted in Microsoft Word 97 for Windows or ASCII text.</P>
          <P>The service information referenced in the proposed rule may be obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, Washington 98124-2207. This information may be examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>James Blilie, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 227-2131; fax (425) 227-1181.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Comments Invited</HD>
        <P>Interested persons are invited to participate in the making of the proposed rule by submitting such written data, views, or arguments as they may desire. Communications shall identify the Rules Docket number and be submitted in triplicate to the address specified above. All communications received on or before the closing date for comments, specified above, will be considered before taking action on the proposed rule. The proposals contained in this action may be changed in light of the comments received.</P>
        <P>Submit comments using the following format:</P>
        <P>• Organize comments issue-by-issue. For example, discuss a request to change the compliance time and a request to change the service bulletin reference as two separate issues.</P>
        <P>• For each issue, state what specific change to the proposed AD is being requested.</P>
        <P>• Include justification (e.g., reasons or data) for each request.</P>
        <P>Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the proposed rule. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report summarizing each FAA-public contact concerned with the substance of this proposal will be filed in the Rules Docket.</P>
        <P>Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this action must submit a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket Number 2000-NM-394-AD.” The postcard will be date-stamped and returned to the commenter.</P>
        <HD SOURCE="HD1">Availability of NPRMs</HD>
        <P>Any person may obtain a copy of this NPRM by submitting a request to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules Docket No. 2000-NM-394-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056.</P>
        <HD SOURCE="HD1">Discussion</HD>
        <P>The FAA has received a report indicating that a control rod barrel for the aileron tabs was found broken in half on a Boeing Model 737-500 series airplane. An examination of the broken control rod barrel revealed incorrect machining of an internal thread relief groove during manufacturing, which resulted in extremely thin walls on the control rod barrel. Investigation has revealed that this condition may exist in an entire lot of parts. This condition, if not corrected, could result in disconnection of an aileron tab, which could lead to severe airframe vibrations; consequent damage to the aileron tab, aileron, and wing; and loss of controllability of the airplane.</P>
        <P>Though the broken control rod barrel was found on a Model 737-500 series airplane, the same control rod barrels may be installed on certain other Model 737-100, -200, -200C, -300, and -400 series airplanes.</P>
        <HD SOURCE="HD1">Explanation of Relevant Service Information</HD>
        <P>The FAA has reviewed and approved Boeing Special Attention Service Bulletin 737-27-1223, dated October 21, 1999, which describes procedures for a one-time inspection to determine whether the control rod barrels of the aileron tabs are from the affected lot, and follow-on repetitive inspections for cracking of the control rod barrels and replacement of the control rod barrels with new control rod barrels, if necessary. The procedures involve inspecting for a control rod barrel with part number 69-60083-1, which is accomplished by determining the color of the control rod barrels. (Control rod barrels installed on airplanes between line numbers 1 through 3110 inclusive were painted white. Control rod barrels installed on airplanes with line numbers 3111 and subsequent were painted gray.) For white control rod barrels, the service bulletin describes procedures for follow-on repetitive detailed visual inspections for cracking of the control rod barrels, and replacement of the control rod barrels with new control rod barrels. Replacement of white-colored control rod barrels with new control rod barrels eliminates the need for the repetitive inspections. If any cracked control rod barrel is found, all control rod barrels must be replaced at the same time because, as stated above, the discrepancy may exist in the entire lot of parts. The service bulletin specifies that all control rod barrels having part number 69-60083-1 (which are painted white) must eventually be replaced, regardless of whether they are cracked or not. Accomplishment of the actions specified in the service bulletin is intended to adequately address the identified unsafe condition.</P>
        <HD SOURCE="HD1">Explanation of Requirements of Proposed Rule </HD>

        <P>Since an unsafe condition has been identified that is likely to exist or develop on other products of this same type design, the proposed AD would require accomplishment of the actions <PRTPAGE P="46249"/>specified in the service bulletin described previously, except as discussed below under the heading “Difference Between Proposed Rule and Service Bulletin.” In lieu of the inspection for control rod barrels with a certain part number by determining the color of the control rod barrels, which is described in the service bulletin, the FAA has determined that a review of the maintenance records of the airplane to determine if a particular part number of control rod barrel is installed is acceptable for compliance with this proposed AD. The proposed AD also would require that operators report findings of discrepant barrels to the Boeing Certification Management Office. </P>
        <HD SOURCE="HD1">Difference Between Proposed Rule and Service Bulletin </HD>
        <P>This proposed rule differs from the service bulletin in that it would apply to all Boeing Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. The service bulletin lists only Model 737-100, -200, -200C, -300, -400, and -500 series airplanes having line numbers 1 through 3110 inclusive. The airplane manufacturer delivered airplanes having line numbers 3111 and subsequent with control rod barrels for the aileron tabs having a different part number than the ones subject to this AD. However, the FAA has determined that it is possible that a control rod barrel subject to this AD could be installed after the effective date of this AD on an airplane after line number 3110. Thus, it is necessary to make the requirements of this AD applicable to all Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. </P>
        <HD SOURCE="HD1">Cost Impact </HD>
        <P>There are approximately 2,900 airplanes of the affected design in the worldwide fleet. The FAA estimates that 1,250 airplanes of U.S. registry would be affected by this proposed AD. </P>
        <P>It would take approximately 1 work hour per airplane to accomplish the proposed inspection to determine the color of the control rod barrels for the aileron tabs or the proposed review of maintenance records, at an average labor rate of $60 per work hour. Based on these figures, the cost impact of this proposed inspection on U.S. operators is estimated to be $75,000, or $60 per airplane. </P>
        <P>The cost impact figure discussed above is based on assumptions that no operator has yet accomplished any of the proposed requirements of this AD action, and that no operator would accomplish those actions in the future if this proposed AD were not adopted. The cost impact figures discussed in AD rulemaking actions represent only the time necessary to perform the specific actions actually required by the AD. These figures typically do not include incidental costs, such as the time required to gain access and close up, planning time, or time necessitated by other administrative actions. </P>
        <P>If subject control rod barrels are installed, it would take approximately 1 work hour to accomplish the proposed follow-on inspections, at an average labor rate of $60 per work hour. Based on these figures, the cost impact of this proposed follow-on inspection is estimated to be $60 per airplane, per inspection cycle. </P>
        <P>If subject control rod barrels are installed, it would take approximately 2 work hours to replace each control rod barrel, at an average labor rate of $60 per work hour. Based on these figures, the cost impact of this proposed replacement is estimated to be $120 per airplane. Up to four control rod barrels (two for each aileron) may need to be replaced on each airplane. </P>
        <HD SOURCE="HD1">Regulatory Impact </HD>
        <P>The regulations proposed herein would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, it is determined that this proposal would not have federalism implications under Executive Order 13132. </P>

        <P>For the reasons discussed above, I certify that this proposed regulation (1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) if promulgated, will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. A copy of the draft regulatory evaluation prepared for this action is contained in the Rules Docket. A copy of it may be obtained by contacting the Rules Docket at the location provided under the caption <E T="02">ADDRESSES</E>. </P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 14 CFR Part 39 </HD>
          <P>Air transportation, Aircraft, Aviation safety, Safety.</P>
        </LSTSUB>
        <HD SOURCE="HD1">The Proposed Amendment </HD>
        <P>Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: </P>
        <PART>
          <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES </HD>
          <P>1. The authority citation for part 39 continues to read as follows: </P>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>49 U.S.C. 106(g), 40113, 44701. </P>
          </AUTH>
          <SECTION>
            <SECTNO>§ 39.13 </SECTNO>
            <SUBJECT>[Amended] </SUBJECT>
            <P>2. Section 39.13 is amended by adding the following new airworthiness directive:</P>
            
            <EXTRACT>
              <FP>
                <E T="04">Boeing:</E> Docket 2000-NM-394-AD. </FP>
              
              <P>
                <E T="03">Applicability:</E> All Model 737-100, -200, -200C, -300, -400, and -500 series airplanes; certificated in any category. </P>
              <NOTE>
                <HD SOURCE="HED">Note 1:</HD>
                <P>This AD applies to each airplane identified in the preceding applicability provision, regardless of whether it has been modified, altered, or repaired in the area subject to the requirements of this AD. For airplanes that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must request approval for an alternative method of compliance in accordance with paragraph (e) of this AD. The request should include an assessment of the effect of the modification, alteration, or repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not been eliminated, the request should include specific proposed actions to address it.</P>
              </NOTE>
              <P>
                <E T="03">Compliance:</E> Required as indicated, unless accomplished previously. </P>
              <P>To prevent a disconnected aileron tab, which could lead to severe airframe vibrations; consequent damage to the aileron tab, aileron, and wing; and loss of controllability of the airplane; accomplish the following: </P>
              <HD SOURCE="HD1">One-Time Inspection </HD>
              <P>(a) Within 3,200 flight hours after the effective date of this AD, do paragraph (a)(1) or (a)(2) of this AD. </P>
              <P>(1) Do a one-time general visual inspection to determine whether an aileron tab control rod barrel having part number 69-60083-1 is installed by determining the color of the control rod barrels, according to Boeing Special Attention Service Bulletin 737-27-1223, dated October 21, 1999. No further action is required by this AD for gray-colored control rod barrels. If any white-colored control rod barrel with part number 69-60083-1 is installed, or if the color or part number of any control rod barrel cannot be determined, do paragraph (b) of this AD. </P>
              <P>(2) Review the maintenance records for the airplane to determine whether an aileron tab control rod barrel having part number 69-60083-1 is installed. If no control rod barrel with that part number is installed, no further action is required by this AD. If any control rod barrel with that part number is installed, do paragraph (b) of this AD. </P>
              <NOTE>
                <HD SOURCE="HED">Note 2:</HD>

                <P>For the purposes of this AD, a general visual inspection is defined as: “A visual examination of an interior or exterior area, installation, or assembly to detect obvious damage, failure, or irregularity. This level of inspection is made under normally available lighting conditions such as daylight, hangar lighting, flashlight, or drop-<PRTPAGE P="46250"/>light, and may require removal or opening of access panels or doors. Stands, ladders, or platforms may be required to gain proximity to the area being checked.”</P>
              </NOTE>
              <HD SOURCE="HD1">Follow-On Actions: Repetitive Inspections and Replacement </HD>
              <P>(b) For airplanes that have a control rod barrel for the aileron tabs having part number 69-60083-1 or a control rod barrel on which the color or part number cannot be determined: Within 3,200 flight hours after the effective date of this AD, do a detailed visual inspection for cracking of the affected control rod barrels according to Boeing Special Attention Service Bulletin 737-27-1223, dated October 21, 1999. </P>
              <NOTE>
                <HD SOURCE="HED">Note 3:</HD>
                <P>For the purposes of this AD, a detailed visual inspection is defined as: “An intensive visual examination of a specific structural area, system, installation, or assembly to detect damage, failure, or irregularity. Available lighting is normally supplemented with a direct source of good lighting at intensity deemed appropriate by the inspector. Inspection aids such as mirror, magnifying lenses, etc., may be used. Surface cleaning and elaborate access procedures may be required.”</P>
              </NOTE>
              <P>(1) If no cracking is found, repeat the inspection for cracking at least every 3,200 flight cycles, AND, within 20,000 flight cycles after the effective date of this AD, replace all affected control rod barrels for the aileron tabs with new or reworked control rod barrels, according to the service bulletin. Such replacement terminates the repetitive inspections. </P>
              <P>(2) If any cracking is found, before further flight, replace all control rod barrels with new or reworked control rod barrels, according to the service bulletin. </P>
              <NOTE>
                <HD SOURCE="HED">Note 4:</HD>
                <P>If any control rod barrel for the aileron tab is cracked, all affected control rod barrels on the airplane must be replaced at the same time because the discrepancy may exist in the entire lot of parts.</P>
              </NOTE>
              <HD SOURCE="HD1">Reporting Requirement </HD>

              <P>(c) If any cracked control rod barrel for the aileron tabs is found during the inspections required by paragraph (b) of this AD, report findings to the FAA Certification Management Office, 1601 Lind Avenue, SW., Renton, Washington 98055-4056, at the applicable time specified in paragraph (c)(1) or (c)(2) of this AD. Information collection requirements contained in this regulation have been approved by the Office of Management and Budget (OMB) under the provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 <E T="03">et seq.</E>) and have been assigned OMB Control Number 2120-0056. </P>
              <P>(1) For airplanes on which the inspection is accomplished after the effective date of this AD: Submit the report within 10 days after performing the inspection required by paragraph (b) of this AD. </P>
              <P>(2) For airplanes on which the inspection has been accomplished prior to the effective date of this AD: Submit the report within 10 days after the effective date of this AD. </P>
              <HD SOURCE="HD1">Spares </HD>
              <P>(d) For all airplanes: As of the effective date of this AD, no person may install a control rod barrel for the aileron tab having part number 69-60083-1 on any airplane. </P>
              <HD SOURCE="HD1">Alternative Methods of Compliance </HD>
              <P>(e) An alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety may be used if approved by the Manager, Seattle Aircraft Certification Office (ACO), FAA. Operators shall submit their requests through an appropriate FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, Seattle ACO. </P>
              <NOTE>
                <HD SOURCE="HED">Note 5:</HD>
                <P>Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Seattle ACO.</P>
              </NOTE>
              <HD SOURCE="HD1">Special Flight Permits </HD>
              <P>(f) Special flight permits may be issued in accordance with sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD can be accomplished. </P>
            </EXTRACT>
          </SECTION>
          <SIG>
            <DATED>Issued in Renton, Washington, on August 27, 2001. </DATED>
            <NAME>Kalene C. Yanamura, </NAME>
            <TITLE>Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. </TITLE>
          </SIG>
        </PART>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22092 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 4910-13-P </BILCOD>
    </PRORULE>
    <PRORULE>
      <PREAMB>
        <AGENCY TYPE="N">LIBRARY OF CONGRESS </AGENCY>
        <SUBAGY>Copyright Office </SUBAGY>
        <CFR>37 CFR Part 260 </CFR>
        <DEPDOC>[Docket No. 96-5 CARP DSTRA] </DEPDOC>
        <SUBJECT>Determination of Reasonable Rates and Terms for the Digital Performance of Sound Recordings </SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Copyright Office, Library of Congress. </P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Extension of comment period. </P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Copyright Office is extending the period to file comments to proposed regulations that will govern the RIAA collective when it functions as the designated agent receiving royalty payments and statements of accounts from nonexempt, subscription digital transmission services which make digital transmissions of sound recordings under the provisions of section 114 of the Copyright Act. </P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments and Notices of Intent to Participate in a Copyright Arbitration Royalty Panel Proceeding are due no later than September 19, 2001. </P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>An original and five copies of any comment and Notice of Intent to Participate shall be delivered to: Office of the General Counsel, Copyright Office, James Madison Building, Room LM-403, First and Independence Avenue, SE., Washington, DC; or mailed to: Copyright Arbitration Royalty Panel (CARP), P.O. Box 70977, Southwest Station, Washington, DC 20024-0977. </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>David O. Carson, General Counsel, or Tanya M. Sandros, Senior Attorney, Copyright Arbitration Royalty Panel, P.O. Box 70977, Southwest Station, Washington, DC 20024. Telephone: (202) 707-8380. Telefax: (202) 252-3423.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>On July 23, 2001, the Copyright Office published a notice of proposed rulemaking seeking comments on proposed regulations that will govern the RIAA collective when it functions as the designated agent receiving royalty payments and statements of accounts from nonexempt, subscription digital transmission services which make digital transmissions of sound recordings under the provisions of section 114 of the Copyright Act. 66 FR 38226 (July 23, 2001). Comments on the proposed terms and Notices of Intent to Participate in a Copyright Arbitration Royalty Panel Proceeding, the purpose of which would be to adopt terms governing the RIAA collective in its handling of royalty fees collected from the subscription services, were due on August 22, 2001. </P>
        <P>On August 22, 2001, The American Federation of Musicians of the United States and Canada (“AFM”) and The American Federation of Television and Radio Artists (“AFTRA”) filed a request for an extension of the filing date for comments until September 19, 2001. The Office is granting this request and is extending the deadline for filing comments to September 19, 2001. Parties who have previously filed comments may supplement those comments or withdraw those comments and resubmit them in accordance with the extended deadline for filing comments. </P>
        <SIG>
          <DATED>Dated: August 29, 2001. </DATED>
          <NAME>David O. Carson, </NAME>
          <TITLE>General Counsel. </TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22150 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 1410-33-P </BILCOD>
    </PRORULE>
    <PRORULE>
      <PREAMB>
        <PRTPAGE P="46251"/>
        <AGENCY TYPE="N">ENVIRONMENTAL PROTECTION AGENCY </AGENCY>
        <CFR>40 CFR Part 141 </CFR>
        <DEPDOC>[FRL-7048-9] </DEPDOC>
        <SUBJECT>Unregulated Contaminant Monitoring Regulation for Public Water Systems; Amendment to the List 2 Rule and Partial Delay of Reporting of Monitoring Results </SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Environmental Protection Agency. </P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Proposed rule. </P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Safe Drinking Water Act (SDWA), as amended in 1996, requires the U.S. Environmental Protection Agency to establish criteria for a program to monitor unregulated contaminants and to publish a list of contaminants to be monitored. In fulfillment of this requirement, EPA published Revisions to the Unregulated Contaminant Monitoring Regulation (UCMR) for public water systems on September 17, 1999 (64 FR 50556), March 2, 2000 (65 FR 11372) and January 11, 2001 (66 FR 2273), which included lists of contaminants for which monitoring was required or would be required in the future. EPA is proposing to correct an omission in the January 11, 2001, List 2 UCMR concerning laboratory certification. This correction will automatically approve laboratories of public water systems, that are certified to conduct compliance monitoring using Method 515.3, to also use Method 515.4 for UCMR analyses. Additionally, EPA is delaying requirements for the electronic reporting of unregulated contaminant monitoring results until its electronic reporting system is ready to accept data. The January 11, 2001, List 2 UCMR requires certain public water systems to start reporting the results of their unregulated contaminant monitoring to EPA electronically by July 1, 2001. This proposed rule notifies such public water systems that the electronic reporting system that EPA is developing to accept monitoring data is not ready, and that EPA is removing the reporting requirement until it is available. This action does not delay or suspend the implementation of any of the requirements of the Unregulated Contaminant Monitoring Regulations for sample collection and analysis on the previously established schedule. </P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments must be received in writing by October 4, 2001. </P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Please send an original and three copies of your comments and enclosures (including references) to docket number W-00-01-III, Comment Clerk, Water Docket (MC4101), USEPA, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Hand deliveries should be delivered to EPA's Water Docket at 401 M. St., SW., Room EB57, Washington, DC. Commenters who want EPA to acknowledge receipt of their comments should enclose a self-addressed, stamped envelope. No facsimiles (faxes) will be accepted. Comments may also be submitted electronically to <E T="03">ow-docket@epamail.epa.gov.</E> Electronic comments must be submitted as a Word Perfect (WP), WP5.1, WP6.1 or WP8 file or as an ASCII file avoiding the use of special characters and forms of encryption. Electronic comments must be identified by the docket number W-00-01-III. Comments and data will also be accepted on disks in WP 5.1, 6.1, 8 or ASCII file format. Electronic comments on this proposed rule may be filed online at many Federal Depository Libraries. </P>
          <P>The record for this proposed rulemaking has been established under docket number W-00-01-III and includes supporting documentation as well as printed, paper versions of electronic comments. The record is available for inspection from 9 to 4 p.m., Monday through Friday, excluding legal holidays at the Water Docket, EB 57, USEPA Headquarters, 401 M., Washington, DC. For access to docket materials, please call 202/260-3027 to schedule an appointment. </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Charles Job (202-260-7084) or Jeffrey Bryan (202-260-4934), Drinking Water Protection Division, Office of Ground Water and Drinking Water (MC-4607), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW, Washington, DC 20460. General information about UCMR may be obtained from the EPA Safe Drinking Water Hotline at (800) 426-4791. The Hotline operates Monday through Friday, excluding Federal holidays, from 9 a.m. to 5:30 p.m. ET. </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>EPA is proposing to approve revisions to the January 11, 2001, UCMR for Public Water Systems. In the “Rules and Regulations” section of today's <E T="04">Federal Register</E>, EPA is approving revisions to the Unregulated Contaminant Monitoring Regulation for Public Water Systems as a direct final rule without prior proposal because EPA views these as noncontroversial revisions and anticipates no adverse comment. EPA has explained our reasons for this approval in the preamble to the direct final rule. If EPA receives no adverse comment, it will not take further action on this proposed rule. If EPA receives adverse comment, the Agency will withdraw the direct final rule and it will not take effect. EPA would then address all public comments in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information, please see the information provided in the direct final rule titled “Unregulated Contaminant Monitoring Regulation for Public Water Systems; Amendment to the List 2 Rule and Partial Delay of Reporting of Monitoring Results” that is located in the “Rules and Regulations” section of this <E T="04">Federal Register</E> publication. For the various statutes and executive orders that require findings for rulemaking, EPA incorporates the findings from the direct final rule into this companion proposal for the purpose of providing public notice and opportunity for comment. </P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 40 CFR Part 141 </HD>
          <P>Environmental protection, Chemicals, Indian lands, Intergovernmental relations, Radiation protection, Reporting and recordkeeping requirements, Water supply.</P>
        </LSTSUB>
        <SIG>
          <DATED>Dated: August 28, 2001. </DATED>
          <NAME>Christine Todd Whitman, </NAME>
          <TITLE>Administrator. </TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22115 Filed 8-29-01; 2:33 pm] </FRDOC>
      <BILCOD>BILLING CODE 6560-50-P </BILCOD>
    </PRORULE>
    <PRORULE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>Fish and Wildlife Service</SUBAGY>
        <CFR>50 CFR Part 17</CFR>
        <RIN>RIN 1018-AH07</RIN>
        <SUBJECT>Endangered and Threatened Wildlife and Plants; Notice of Availability of Draft Economic Analysis, Reopening of Comment Period, and Notice of Public Hearing for the Proposed Critical Habitat Determination for the San Bernardino Kangaroo Rat</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Fish and Wildlife Service, Interior.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Proposed rule; notice of availability of draft economic analysis, reopening of public comment period, and notice of public hearing.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>We, the U.S. Fish and Wildlife Service (Service), announce the availability of the draft economic analysis for the proposed determination of critical habitat for the San Bernardino kangaroo rat (<E T="03">Dipodomys merriami <PRTPAGE P="46252"/>parvus</E>) and the reopening of the public comment period for the proposed determination to allow all interested parties to submit written comments on the proposal and on the draft economic analysis. Comments previously submitted need not be resubmitted as they already have been incorporated into the public record and will be fully considered in the final rule. Additionally, we are announcing that public hearings will be held on our proposal.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>The original public comment period on the critical habitat proposal closed on February 6, 2001. The public comment period is reopened, and we will accept comments until October 4, 2001. Comments must be received by 5:00 p.m. on the closing date. Any comments that are received after the closing date may not be considered in the final decision on this action. The public hearing will be held on Thursday, September 20, 2001, from 1:00 p.m. to 3:00 p.m. and from 6:00 p.m. to 8:00 p.m. in San Bernardino, California.</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>The public hearing will be held at the Radisson Hotel San Bernardino, 295 North E Street, San Bernardino, California. Copies of the draft economic analysis and proposed critical habitat determination are available on the Internet at http://carlsbad.fws.gov or by writing to the Field Supervisor, U.S. Fish and Wildlife Service, Carlsbad Fish and Wildlife Office, 2730 Loker Avenue West, Carlsbad, California, 92008. Written comments should be sent to the Field Supervisor. You may also send comments by electronic mail (e-mail) to fw1cfwo_sbkr@fws.gov. Please submit comments in ASCII file format and avoid the use of special characters and encryption. Please include “Attn: San Bernardino kangaroo rat” and your name and return address in your e-mail message. If you do not receive a confirmation from the system that we have received your e-mail message, contact us directly by calling our Carlsbad Fish and Wildlife Office at telephone number 760-431-9440. Comments and materials received will be available for public inspection, by appointment, during normal business hours at the Carlsbad Fish and Wildlife Office, at the above address.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Mark A. Elvin, Carlsbad Fish and Wildlife Office, at the above address (telephone 760-431-9440; facsimile 760-431-9624).</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Background</HD>
        <P>The San Bernardino kangaroo rat (<E T="03">Dipodomys merriami parvus</E>), a member of the family Heteromyidae, is one of 19 recognized subspecies of Merriam's kangaroo rat (<E T="03">D. merriami</E>), a widespread species distributed throughout arid regions of the western United States and northwestern Mexico (Hall and Kelson 1959, Williams <E T="03">et al.</E> 1993). The San Bernardino kangaroo rat is considerably darker and smaller than either of the other two subspecies of Merriam's kangaroo rat that occur in southern California, <E T="03">D. merriami merriami</E> and <E T="03">D. merriami collinus.</E> It is the only kangaroo rat with four toes on each of its hind feet and the body color is pale yellow with a heavy overwash of dusky brown. The tail stripes are medium to dark brown and the foot pads and tail hairs are dark brown. The flanks and cheeks of the subspecies are dusky (Lidicker 1960).</P>

        <P>San Bernardino kangaroo rats are typically found on alluvial fans (relatively flat or gently sloping masses of loose rock, gravel, and sand deposited by a stream as it flows into a valley or upon a plain), flood plains, along washes, in adjacent upland areas containing appropriate physical and vegetative characteristics (McKernan 1997), and in areas with historic braided channels (McKernan <E T="03">in litt.</E> 1999). These areas consist of sand, loam, sandy loam, or gravelly soils (McKernan 1993, Braden and McKernan 2000) that are associated with alluvial processes (i.e., the deposition of clay, silt, sand, gravel, or similar material by running water such as rivers and streams; debris flows). These soils allow kangaroo rats to dig simple, shallow burrow systems (McKernan 1997), and typically support alluvial sage scrub and chaparral vegetation. </P>
        <P>The historical range of this species extends from the San Bernardino Valley in San Bernardino County to the Menifee Valley in Riverside County (Hall and Kelson 1959, Lidicker 1960). At the time the Service listed the species under the Endangered Species Act (Act), we estimated that the historical range encompassed approximately 130,587 hectares (ha) (326,467 acres (ac)) (U.S. Fish and Wildlife Service unpubl. GIS maps, 1998; in 63 FR 51005). This estimation was based on the distribution of suitable soils and museum collections of this species. Recent studies indicate that the species occupies a wider range of soil and vegetation types than previously thought (Braden and McKernan 2000), which suggests that the species' historical range may have been larger than we estimated at the time of listing. </P>
        <P>The San Bernardino kangaroo rat was emergency listed as endangered on January 27, 1998; concurrently, a proposal to make provisions of the emergency listing permanent also was published (63 FR 3835 and 63 FR 3877). On September 24, 1998, we published a final rule determining the San Bernardino kangaroo rat to be an endangered species (63 FR 51005). On December 8, 2000, we published a rule proposing critical habitat for the San Bernardino kangaroo rat (65 FR 77178). We proposed designation of approximately 22,423 ha (55,408 ac) as critical habitat for the San Bernardino kangaroo rat pursuant to the Act. Proposed critical habitat is in southern San Bernardino and western Riverside Counties, California, as described in the proposed rule. </P>
        <P>Section 4(b)(2) of the Act requires that the Secretary shall designate or revise critical habitat based upon the best scientific and commercial data available and after taking into consideration the economic impact of specifying any particular area as critical habitat. Based upon the previously published proposal to designate critical habitat for the San Bernardino kangaroo rat and comments received during the previous comment period, we have prepared a draft economic analysis of the proposed critical habitat designation, which is available at the above Internet and mailing address. </P>

        <P>Section 4(b)(5)(E) of the Act (16 U.S.C. 1531 et seq.) requires that a public hearing be held if it is requested within 45 days of the publication of a proposed rule. In response to a request from the San Bernardino International Airport Authority, the Service will hold a public hearing on the date and at the address described in the <E T="02">DATES</E> and <E T="02">ADDRESSES</E> sections above. </P>

        <P>Anyone wishing to make an oral statement for the record is encouraged to provide a written copy of their statement and present it to the Service at the hearing. In the event there is a large attendance, the time allotted for oral statements may be limited. Oral and written statements receive equal consideration. There are no limits to the length of written comments presented at the hearing or mailed to the Service. Legal notices announcing the date, time, and location of the hearing will be published in newspapers concurrently with this <E T="04">Federal Register</E> notice. </P>
        <P>Comments from the public regarding the accuracy of this proposed rule are sought, especially regarding: </P>

        <P>(1) The reasons why any habitat should or should not be determined to <PRTPAGE P="46253"/>be critical habitat as provided by section 4 of the Act, including whether the benefits of designation will outweigh any threats to the species due to designation; </P>
        <P>(2) Specific information on the amount and distribution of the San Bernardino kangaroo rat habitat, and what habitat is essential to the conservation of the species and why; </P>
        <P>(3) Land use practices and current or planned activities in the subject areas and their possible impacts on proposed critical habitat; </P>
        <P>(4) Any foreseeable economic or other impacts resulting from the proposed designation of critical habitat, in particular, any impacts on small entities or families; and </P>
        <P>(5) Economic and other values associated with designating critical habitat for the San Bernardino kangaroo rat, such as those derived from non-consumptive uses (e.g., hiking, camping, bird-watching, enhanced watershed protection, improved air quality, increased soil retention, “existence values,” and reductions in administrative costs). </P>

        <P>Reopening of the comment period will enable the Service to respond to the request for a public hearing on the proposed action. The comment period on this proposal now closes on October 4, 2001. Written comments should be submitted to the Service office listed in the <E T="02">ADDRESSES</E> section. </P>
        <HD SOURCE="HD1">Public Hearing </HD>
        <P>A public hearing on the proposed determination of critical habitat for the San Bernardino kangaroo rat is scheduled to be held on Thursday, September 20, 2001, from 1:00 p.m. to 3:00 p.m. and from 6:00 p.m. to 8:00 p.m. at Radisson Hotel San Bernardino, 295 North E Street, San Bernardino, California. Please contact the Carlsbad Fish and Wildlife Office at the above address with any questions concerning this public hearing. </P>
        <HD SOURCE="HD1">Public Comment Solicited </HD>

        <P>We have reopened the comment period at this time in order to accept the best and most current scientific and commercial data available regarding the proposed critical habitat determination for the San Bernardino kangaroo rat and the draft economic analysis of proposed critical habitat determination. Previously submitted written comments on this critical habitat proposal need not be resubmitted. The current comment period on this proposal closes on October 4, 2001. Written comments should be submitted to the Carlsbad Fish and Wildlife Office in the <E T="02">ADDRESSES</E> section. </P>
        <HD SOURCE="HD1">Author </HD>
        <P>The primary author of this notice is Mark A. Elvin (see <E T="02">ADDRESSES</E> section). </P>
        <HD SOURCE="HD1">Authority </HD>

        <P>The authority for this action is the Endangered Species Act of 1973 (16 U.S.C. 1531 <E T="03">et seq.</E>). </P>
        <SIG>
          <NAME>Steve Thompson, </NAME>
          <TITLE>Acting Manager, California/Nevada Operations Office, Region 1. </TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-21405 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 4310-55-P </BILCOD>
    </PRORULE>
  </PRORULES>
  <VOL>66</VOL>
  <NO>171</NO>
  <DATE>Tuesday, September 4, 2001</DATE>
  <UNITNAME>Notices</UNITNAME>
  <NOTICES>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="46254"/>
        <AGENCY TYPE="F">DEPARTMENT OF AGRICULTURE </AGENCY>
        <SUBAGY>Grain Inspection, Packers and Stockyards Administration</SUBAGY>
        <DEPDOC>[01-01-S1]</DEPDOC>
        <SUBJECT>Designation for the Cairo (IL), Louisiana, and North Carolina Areas </SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Grain Inspection, Packers and Stockyards Administration (GIPSA).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice. </P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>GIPSA announces designation of the following organizations to provide official services under the United States Grain Standards Act, as amended (Act): Cairo Grain Inspection Agency, Inc. (Cairo); Louisiana Department of Agriculture and Forestry (Louisiana); and North Carolina Department of Agriculture (North Carolina). </P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">EFFECTIVE DATE:</HD>
          <P>October 1, 2001. </P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>USDA, GIPSA, Janet M. Hart, Chief, Review Branch, Compliance Division, STOP 3604, Room 1647-S, 1400 Independence Avenue, S.W., Washington, DC 20250-3604. </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Janet M. Hart at 202-720-8525, e-mail janhart@gipsadc.usda.gov. </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>This action has been reviewed and determined not to be a rule or regulation as defined in Executive Order 12866 and Departmental Regulation 1512-1; therefore, the Executive Order and Departmental Regulation do not apply to this action. </P>
        <P>In the March 8, 2001, <E T="04">Federal Register</E> (66 FR 13874), GIPSA asked persons interested in providing official services in the geographic areas assigned to the official agencies named above to submit an application for designation. Applications were due by March 31, 2001. </P>
        <P>Cairo, Louisiana, and North Carolina were the sole applicants for designation to provide official services in the entire area currently assigned to them, so GIPSA did not ask for comments on them. </P>

        <P>GIPSA evaluated all available information regarding the designation criteria in Section 7(f)(l)(A) of the Act and, according to Section 7(f)(l)(B), determined that Cairo, Louisiana, and North Carolina are able to provide official services in the geographic areas specified in the March 8, 2001, <E T="04">Federal Register</E>, for which they applied. </P>
        <P>Interested persons may obtain official services by calling the telephone numbers listed below.</P>
        <GPOTABLE CDEF="s100,r150,22" COLS="3" OPTS="L2,tp0,i1">
          <TTITLE>  </TTITLE>
          <BOXHD>
            <CHED H="1">Official agency </CHED>
            <CHED H="1">Headquarters location and telephone </CHED>
            <CHED H="1">Designation start—end </CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Cairo</ENT>
            <ENT>Cairo, IL; 618-734-0689</ENT>
            <ENT>10/01/2001-09/30/2004 </ENT>
          </ROW>
          <ROW>
            <ENT I="01">Louisiana</ENT>
            <ENT>Baton Rouge, LA; 225-922-1341; Additional Service Locations: Jonesville, Oak Grove, Opelousas, and Pineville, LA</ENT>
            <ENT>10/01/2001-09/30/2004 </ENT>
          </ROW>
          <ROW>
            <ENT I="01">North Carolina</ENT>
            <ENT>Raleigh, NC; 919-733-7576; Additional Service Location: Fayetteville, NC</ENT>
            <ENT>10/01/2001-09/30/2004 </ENT>
          </ROW>
        </GPOTABLE>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>Pub. L. 94-582, 90 Stat. 2867, as amended (7 U.S.C. 71 <E T="03">et seq.</E>). </P>
        </AUTH>
        <SIG>
          <DATED>Dated: August 16, 2001.</DATED>
          <NAME>David R. Shipman, </NAME>
          <TITLE>Acting Administrator, Grain Inspection, Packers and Stockyards Administration.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-21930 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 3410-EN-P </BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF AGRICULTURE </AGENCY>
        <SUBAGY>Grain Inspection, Packers and Stockyards Administration </SUBAGY>
        <DEPDOC>[01-03-A] </DEPDOC>
        <SUBJECT>Opportunity for Designation in the Barton (KY), Central Illinois (IL), North Dakota (ND) and Plainview (TX) Areas, and Request for Comments on the Official Agencies Serving These Areas </SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Grain Inspection, Packers and Stockyards Administration (GIPSA). </P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice. </P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The designations of the official agencies listed below will end in March 2002. GIPSA is asking persons interested in providing official services in the areas served by these agencies to submit an application for designation. GIPSA is also asking for comments on the services provided by these currently designated agencies: </P>
          
          <FP SOURCE="FP-1">J. W. Barton Grain Inspection Service, Inc. (Barton); </FP>
          <FP SOURCE="FP-1">Central Illinois Grain Inspection, Inc. (Central Illinois); </FP>
          <FP SOURCE="FP-1">North Dakota Grain Inspection Service, Inc. (North Dakota); and </FP>
          <FP SOURCE="FP-1">Plainview Grain Inspection and Weighing Service, Inc. (Plainview). </FP>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Applications and comments must be postmarked or sent by telecopier (FAX) on or before October 1, 2001. </P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Submit applications and comments to USDA, GIPSA, Janet M. Hart, Chief, Review Branch, Compliance Division, STOP 3604, Room 1647-S, 1400 Independence Avenue, SW., Washington, DC 20250-3604; FAX 202-690-2755. If an application is submitted by FAX, GIPSA reserves the right to request an original application. All applications and comments will be made available for public inspection at Room 1647-S, 1400 Independence Avenue, SW., during regular business hours. </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Janet M. Hart at 202-720-8525, e-mail <E T="03">janhart@gipsadc.usda.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>This Action has been reviewed and determined not to be a rule or regulation as defined in Executive Order 12866 and Departmental Regulation 1512-1; therefore, the Executive Order and Departmental Regulation do not apply to this Action. </P>

        <P>Section 7(f)(1) of the United States Grain Standards Act, as amended (Act), authorizes GIPSA's Administrator to designate a qualified applicant to provide official services in a specified area after determining that the applicant <PRTPAGE P="46255"/>is better able than any other applicant to provide such official services. </P>
        <P>Section 7(g)(1) of the Act provides that designations of official agencies shall end not later than triennially and may be renewed according to the criteria and procedures prescribed in section 7(f) of the Act. </P>
        <HD SOURCE="HD1">1. Current Designations Being Announced for Renewal</HD>
        <GPOTABLE CDEF="s50,r50,12,12" COLS="4" OPTS="L2,tp0,i1">
          <TTITLE>  </TTITLE>
          <BOXHD>
            <CHED H="1">Official agency </CHED>
            <CHED H="1">Main office </CHED>
            <CHED H="1">Designation <LI>start </LI>
            </CHED>
            <CHED H="1">Designation <LI>end </LI>
            </CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Barton </ENT>
            <ENT>Owenboro, KY </ENT>
            <ENT>06/01/1999 </ENT>
            <ENT>03/31/2002 </ENT>
          </ROW>
          <ROW>
            <ENT I="01">Central Illinois </ENT>
            <ENT>Bloomington, IL </ENT>
            <ENT>06/01/1999 </ENT>
            <ENT>03/31/2002 </ENT>
          </ROW>
          <ROW>
            <ENT I="01">North Dakota </ENT>
            <ENT>Fargo, ND </ENT>
            <ENT>07/01/1999 </ENT>
            <ENT>03/31/2002 </ENT>
          </ROW>
          <ROW>
            <ENT I="01">Plainview</ENT>
            <ENT>Plainview, TX </ENT>
            <ENT>07/01/1999 </ENT>
            <ENT>03/31/2002 </ENT>
          </ROW>
        </GPOTABLE>
        <P>a. Pursuant to Section 7(f)(2) of the Act, the following geographic area, in the States of Indiana, Kentucky, and Tennessee, is assigned to Barton:</P>
        <P>
          <E T="03">In Indiana:</E>
        </P>
        <P>Clark, Crawford, Floyd, Harrison, Jackson, Jennings, Jefferson, Lawrence, Martin, Orange, Perry, Scott, Spencer, and Washington Counties. </P>
        <P>
          <E T="03">In Kentucky:</E>
        </P>
        <P>Bounded on the North by the northern Daviess, Hancock, Breckinridge, Meade, Hardin, Jefferson, Oldham, Trimble, and Carroll County lines; </P>
        <P>Bounded on the East by the eastern Carroll, Henry, Franklin, Scott, Fayette, Jessamine, Woodford, Anderson, Nelson, Larue, Hart, Barren, and Allen County lines; </P>
        <P>Bounded on the South by the southern Allen and Simpson County lines; and </P>
        <P>Bounded on the West by the western Simpson and Warren County lines; the southern Butler and Muhlenberg County lines; the Muhlenberg County line west to the Western Kentucky Parkway; the Western Kentucky Parkway west to State Route 109; State Route 109 north to State Route 814; State Route 814 north to U.S. Route Alternate 41; U.S. Route Alternate 41 north to the Webster County line; the northern Webster County line; the western McLean and Daviess County lines. </P>
        <P>
          <E T="03">In Tennessee:</E>
        </P>
        <P>Bounded on the North by the northern Tennessee State line from Sumner County east; </P>
        <P>Bounded on the East by the eastern Tennessee State line southwest; </P>
        <P>Bounded on the South by the southern Tennessee State line west to the western Giles County line; and </P>
        <P>Bounded on the West by the western Giles, Maury, and Williamson County lines North; the northern Williamson County line east; the western Rutherford, Wilson, and Sumner County lines north. </P>
        <P>b. Pursuant to Section 7(f)(2) of the Act, the following geographic area, in the State of Illinois, is assigned to Central Illinois: </P>
        <P>Bounded on the North by State Route 18 east to U.S. Route 51; U.S. Route 51 south to State Route 17; State Route 17 east to Livingston County; the Livingston County line east to State Route 47; </P>
        <P>Bounded on the East by State Route 47 south to State Route 116; State Route 116 west to Pontiac, which intersects with a straight line running north and south through Arrowsmith to the southern McLean County line; </P>
        <P>Bounded on the South by the southern McLean County line; the eastern Logan County line south to State Route 10; State Route 10 west to the Logan County line; the western Logan County line; the southern Tazewell County line; and </P>
        <P>Bounded on the West by the western Tazewell County line; the western Peoria County line north to Interstate 74; Interstate 74 southeast to State Route 116; State Route 116 north to State Route 26; State Route 26 north to State Route 18. </P>
        <P>Central Illinois' assigned geographic area does not include the following grain elevator inside Central Illinois' area which has been and will continue to be serviced by the following official agency: Springfield Grain Inspection, Inc.: East Lincoln Farmers Grain Co., Lincoln, Logan County, Illinois. </P>
        <P>c. Pursuant to Section 7(f)(2) of the Act, the following geographic area, in the States of Illinois and North Dakota, is assigned to North Dakota: </P>
        <P>
          <E T="03">In Illinois:</E>
        </P>
        <P>Bounded on the East by the eastern Cumberland County line; the eastern Jasper County line south to State Route 33; State Route 33 east-southeast to the Indiana-Illinois State line; the Indiana-Illinois State line south to the southern Gallatin County line;</P>
        <P>Bounded on the South by the southern Gallatin, Saline, and Williamson County lines; the southern Jackson County line west to U.S. Route 51; U.S. Route 51 north to State Route 13; State Route 13 northwest to State Route 149; State Route 149 west to State Route 3; State Route 3 northwest to State Route 51; State Route 51 south to the Mississippi River; and </P>
        <P>Bounded on the West by the Mississippi River north to the northern Calhoun County line; </P>
        <P>Bounded on the North by the northern and eastern Calhoun County lines; the northern and eastern Jersey County lines; the northern Madison County line; the western Montgomery County line north to a point on this line that intersects with a straight line, from the junction of State Route 111 and the northern Macoupin County line to the junction of Interstate 55 and State Route 16 (in Montgomery County); from this point southeast along the straight line to the junction of Interstate 55 and State Route 16; State Route 16 east-northeast to a point approximately 1 mile northeast of Irving; a straight line from this point to the northern Fayette County line; the northern Fayette, Effingham, and Cumberland County lines. </P>
        <P>
          <E T="03">In North Dakota:</E>
        </P>
        <P>Bounded on the North by the northern Steele County line from State Route 32 east; the eastern Steele County line south to State Route 200; State Route 200 east-southeast to the State line; </P>
        <P>Bounded on the East by the eastern North Dakota State line; </P>
        <P>Bounded on the South by the southern North Dakota State line west to State Route 1; and </P>
        <P>Bounded on the West by State Route 1 north to Interstate 94; Interstate 94 east to the Soo Railroad line; the Soo Railroad line northwest to State Route 1; State Route 1 north to State Route 200; State Route 200 east to State Route 45; State Route 45 north to State Route 32; State Route 32 north. </P>
        <P>North Dakota's assigned geographic area does not include the following grain elevators inside North Dakota's area which have been and will continue to be serviced by the following official agency: Grain Inspection, Inc.: Norway Spur, and Oakes Grain, both in Oakes, Dickey County, North Dakota. </P>

        <P>d. Pursuant to Section 7(f)(2) of the Act, the following geographic area, in the State of Texas, is assigned to Plainview: <PRTPAGE P="46256"/>
        </P>
        <P>Bounded on the North by the northern Deaf Smith County line east to U.S. Route 385; U.S. Route 385 south to FM 1062; FM 1062 east to State Route 217; State Route 217 east to Prairie Dog Town Fork of the Red River; Prairie Dog Town Fork of the Red River southeast to the Briscoe County line; the northern Briscoe County line; the northern Hall County line east to U.S. Route 287; </P>
        <P>Bounded on the East by U.S. Route 287 southeast to the eastern Hall County line; the eastern Hall, Motley, Dickens, Kent, Scurry, and Mitchell County lines; </P>
        <P>Bounded on the South by the southern Mitchell, Howard, Martin, and Andrews County lines; and </P>
        <P>Bounded on the West by the western Andrews, Gaines, and Yoakum County lines; the northern Yoakum and Terry county lines; the western Lubbock County line; the western Hale County line north to FM 37; FM 37 west to U.S. Route 84; U.S. Route 84 northwest to FM 303; FM 303 north to U.S. Route 70; U.S. Route 70 west to the Lamb County line; the western and northern Lamb County lines; the western Castro County line; the southern Deaf Smith County line west to State Route 214; State Route 214 north to the northern Deaf Smith County line. </P>
        <HD SOURCE="HD1">2. Opportunity for Designation</HD>
        <P>Interested persons, including Barton, Central Illinois, North Dakota, and Plainview, are hereby given the opportunity to apply for designation to provide official services in the geographic areas specified above under the provisions of Section 7(f) of the Act and section 800.196(d) of the regulations issued thereunder. Designation in the specified geographic areas is for the period beginning April 1, 2002, and ending March 31, 2005. Persons wishing to apply for designation should contact the Compliance Division at the address listed above for forms and information. </P>
        <HD SOURCE="HD1">3. Request for Comments</HD>
        <P>GIPSA also is publishing this notice to provide interested persons the opportunity to present comments on the Columbus, Farwell, and Northeast Indiana official agencies. Commenters are encouraged to submit pertinent data concerning these official agencies including information on the timeliness, cost, quality, and scope of services provided. All comments must be submitted to the Compliance Division at the above address. </P>
        <P>Applications, comments, and other available information will be considered in determining which applicant will be designated. </P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>Pub. L. 94-582, 90 Stat. 2867, as amended (7 U.S.C. 71 <E T="03">et seq.</E>). </P>
        </AUTH>
        <SIG>
          <DATED>Dated: August 16, 2001.</DATED>
          <NAME>David R. Shipman, </NAME>
          <TITLE>Acting Administrator, Grain Inspection, Packers and Stockyards Administration. </TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-21931 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 3410-EN-P </BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">BROADCASTING BOARD OF GOVERNORS</AGENCY>
        <SUBJECT>Sunshine Act Meeting</SUBJECT>
        <PREAMHD>
          <HD SOURCE="HED">Date and Time:</HD>
          <P>September 11, 2001; 11:15 a.m.-5 p.m.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">Place:</HD>
          <P>Cohen Building, Room 3321, 330 Independence Ave., SW., Washington, DC 20237.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">Closed Meeting:</HD>
          <P>The members of the Broadcasting Board of Governors (BBG) will meet in closed session to review and discuss a number of issues relating to U.S. Government-funded non-military international broadcasting. They will address internal procedural, budgetary, and personnel issues, as well as sensitive foreign policy issues relating to potential options in the U.S. international broadcasting field. This meeting is closed because if open it likely would either disclose matters that would be properly classified to be kept secret in the interest of foreign policy under the appropriate executive order (5 U.S.C. 552b.(c)(1)) or would disclose information the premature disclosure of which would be likely to significantly frustrate implementation of a proposed agency action. (5 U.S.C. 552b.(c)(9)(B)). In addition, part of the discussion will relate solely to the internal personnel and organizational issues of the BBG or the International Broadcasting Bureau. (5 U.S.C. 552b.(c)(2) and (6))</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">Contact Person for more Information:</HD>
          <P>Persons interested in obtaining more information should contact either Brenda Hardnett or Carol Booker at (202) 401-3736.</P>
        </PREAMHD>
        <SIG>
          <DATED>Dated: August 23, 2001.</DATED>
          <NAME>Carol Booker,</NAME>
          <TITLE>Legal Counsel.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 01-22270 Filed 8-30-01; 2:21 pm]</FRDOC>
      <BILCOD>BILLING CODE 8230-01-M</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>Bureau of Export Administration</SUBAGY>
        <SUBJECT>Materials Technical Advisory Committee; Notice of Meeting Cancellation</SUBJECT>
        <P>
          <E T="04">Federal Register</E> citation of previous announcement: 66 FR 44595, August 24, 2001.</P>
        <P>Previously announced time of meeting: 10:30 a.m., September 10, 2001.</P>
        <SIG>
          <DATED>Dated: August 30, 2001.</DATED>
          <NAME>Lee Ann Carpenter,</NAME>
          <TITLE>Committee Liaison Officer.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 01-22215 Filed 8-31-01; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-JT-M</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>Bureau of Export Administration</SUBAGY>
        <SUBJECT>Transportation and Related Equipment Technical Advisory Committee; Notice of Partially Closed Meeting</SUBJECT>
        <P>The Transportation and Related Equipment Technical Advisory Committee will meet on September 12, 9:30 a.m., in the Herbert C. Hoover Building, Room 3884, 14th Street between Constitution &amp; Pennsylvania Avenues, NW., Washington, DC. The Committee advises the Office of the Assistant Secretary for Export Administration with respect to technical questions that affect the level of export controls applicable to transportation and related equipment or technology.</P>
        <HD SOURCE="HD1">Agenda</HD>
        <HD SOURCE="HD2">Public Session</HD>
        <FP SOURCE="FP-2">1. Opening remarks and introductions.</FP>
        <FP SOURCE="FP-2">2. Presentation of papers or comments by the public.</FP>
        <FP SOURCE="FP-2">3. Election of Chairman.</FP>
        <HD SOURCE="HD2">Closed Session</HD>
        <FP SOURCE="FP-2">4. Discussion of matters properly classified under Executive Order 12958, dealing with the U.S. export control program and strategic criteria related thereto.</FP>
        

        <P>A limited number of seats will be available during the public session of the meeting. Reservations are not accepted. To the extent time permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting. However, to facilitate distribution of public presentation materials to Committee members, the Committee suggests that the public forward the materials prior to the meeting to the <PRTPAGE P="46257"/>following address: Ms. Lee Ann Carpenter, OSIES/EA/BXA Ms: 3876, U.S. Department of Commerce, 14th St. &amp; Constitution Ave., NW., Washington, DC 20230.</P>
        <P>The Assistant Secretary for Administration, with the concurrence of the delegate of the General Counsel, formally determined on February 12, 2001, pursuant to section 10(d) of the Federal Advisory Committee act, as amended, that the series of meetings or portions of meetings of the Committee and of any Subcommittee thereof, dealing with the classified materials listed in 5 U.S.C. 552(c)(1) shall be exempt from the provisions relating to public meetings found in section 10(a)(1) and (a)(3) of the Federal Advisory Committee Act. The remaining series of meetings or portions thereof will be open to the public.</P>
        <P>A copy of the Notice of Determination to close meetings or portions of meetings of the Committee is available for public inspection and copying in the Central Reference and Records Inspection Facility, Room 6020, U.S. Department of Commerce, Washington, DC. For more information or copies of the minutes call (202) 482-2583.</P>
        <SIG>
          <DATED>Dated: August 30, 2001.</DATED>
          <NAME>Lee Ann Carpenter,</NAME>
          <TITLE>Committee Liaison Officer.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 01-22216 Filed 8-31-01; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-JT-M</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>International Trade Administration</SUBAGY>
        <SUBJECT>Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Import Administration, International Trade Administration, Department of Commerce.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of Opportunity to Request Administrative Review of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation.</P>
        </ACT>
        <HD SOURCE="HD1">Background</HD>
        <P>Each year during the anniversary month of the publication of an antidumping or countervailing duty order, finding, or suspension of investigation, an interested party, as defined in section 771(9) of the Tariff Act of 1930, as amended, may request, in accordance with section 351.213 (2000) of the Department of Commerce (the Department) Regulations, that the Department conduct an administrative review of that antidumping or countervailing duty order, finding, or suspended investigation.</P>
        <P>
          <E T="03">Opportunity To Request a Review:</E> Not later than the last day of September 2001, interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in September for the following periods:</P>
        <GPOTABLE CDEF="s200,15" COLS="2" OPTS="L2,tp0,i1">
          <TTITLE>  </TTITLE>
          <BOXHD>
            <CHED H="1">  </CHED>
            <CHED H="1">Period </CHED>
          </BOXHD>
          <ROW>
            <ENT I="21">
              <E T="02">Antidumping duty proceedings</E>
            </ENT>
          </ROW>
          
          <ROW>
            <ENT I="01">Canada: New Steel Rail, Except Light Rail, A-122-804</ENT>
            <ENT>9/1/00-8/31/01 </ENT>
          </ROW>
          <ROW>
            <ENT I="01">Germany: Large Newspaper Printing Presses and Components Thereof, A-428-821</ENT>
            <ENT>9/1/00-8/31/01 </ENT>
          </ROW>
          <ROW>
            <ENT I="01">Italy: Stainless Steel Wire Rod, A-475-820</ENT>
            <ENT>9/1/00-8/31/01 </ENT>
          </ROW>
          <ROW>
            <ENT I="22">Japan: </ENT>
          </ROW>
          <ROW>
            <ENT I="03">Flat Panel Displays, A-588-817</ENT>
            <ENT>9/1/00-8/31/01 </ENT>
          </ROW>
          <ROW>
            <ENT I="03">Large Newspaper Printing Presses and Components Thereof, A-588-837</ENT>
            <ENT>9/1/00-8/31/01 </ENT>
          </ROW>
          <ROW>
            <ENT I="03">Stainless Steel Wire Rod, A-588-843</ENT>
            <ENT>9/1/00-8/31/01 </ENT>
          </ROW>
          <ROW>
            <ENT I="01">Republic of Korea: Stainless Steel Wire Rod, A-580-829</ENT>
            <ENT>9/1/00-8/31/01 </ENT>
          </ROW>
          <ROW>
            <ENT I="01">Spain: Stainless Steel Wire Rod, A-469-807</ENT>
            <ENT>9/1/00-8/31/01 </ENT>
          </ROW>
          <ROW>
            <ENT I="01">Sweden: Stainless Steel Wire Rod, A-401-806</ENT>
            <ENT>9/1/00-8/31/01 </ENT>
          </ROW>
          <ROW>
            <ENT I="01">Taiwan: Stainless Steel Wire Rod, A-583-828</ENT>
            <ENT>9/1/00-8/31/01 </ENT>
          </ROW>
          <ROW>
            <ENT I="22">The People's Republic of China: </ENT>
          </ROW>
          <ROW>
            <ENT I="03">Freshwater Crawfish Tail Meat, A-570-848</ENT>
            <ENT>9/1/00-8/31/01 </ENT>
          </ROW>
          <ROW>
            <ENT I="03">Greige Polyester/Cotton Printcloth, A-570-101</ENT>
            <ENT>9/1/00-8/31/01</ENT>
          </ROW>
          
          <ROW>
            <ENT I="21">
              <E T="02">Countervailing duty proceedings:</E>
            </ENT>
          </ROW>
          
          <ROW>
            <ENT I="01">Canada: New Steel Rail, Except Light Rail, C-122-805</ENT>
            <ENT>1/1/00-12/31/00</ENT>
          </ROW>
          
          <ROW>
            <ENT I="01">Italy: Stainless Steel Wire Rod, C-475-821</ENT>
            <ENT>1/1/00-12/31/00</ENT>
          </ROW>
          
          <ROW>
            <ENT I="21">
              <E T="02">Suspension Agreements</E>
            </ENT>
          </ROW>
          
          <ROW>
            <ENT I="22">None </ENT>
          </ROW>
        </GPOTABLE>
        <P>In accordance with section 351.213(b) of the regulations, an interested party as defined by section 771(9) of the Act may request in writing that the Secretary conduct an administrative review. For both antidumping and countervailing duty reviews, the interested party must specify the individual producers or exporters covered by an antidumping finding or an antidumping or countervailing duty order or suspension agreement for which it is requesting a review, and the requesting party must state why it desires the Secretary to review those particular producers or exporters. If the interested party intends for the Secretary to review sales of merchandise by an exporter (or a producer if that producer also exports merchandise from other suppliers) which were produced in more than one country of origin and each country of origin is subject to a separate order, then the interested party must state specifically, on an order-by-order basis, which exporter(s) the request is intended to cover.</P>
        <P>Six copies of the request should be submitted to the Assistant Secretary for Import Administration, International Trade Administration, Room 1870, U.S. Department of Commerce, 14th Street &amp; Constitution Avenue, NW., Washington, DC 20230. The Department also asks parties to serve a copy of their requests to the Office of Antidumping/Countervailing Enforcement, Attention: Sheila Forbes, in room 3065 of the main Commerce Building. Further, in accordance with section 351.303(f)(l)(i) of the regulations, a copy of each request must be served on every party on the Department's service list. </P>
        <P>The Department will publish in the <E T="04">Federal Register</E> a notice of “Initiation of Administrative Review of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation” for requests received by the last day of September 2001. If the Department does not receive, by the last <PRTPAGE P="46258"/>day of September 2001, a request for review of entries covered by an order, finding, or suspended investigation listed in this notice and for the period identified above, the Department will instruct the Customs Service to assess antidumping or countervailing duties on those entries at a rate equal to the cash deposit of (or bond for) estimated antidumping or countervailing duties required on those entries at the time of entry, or withdrawal from warehouse, for consumption and to continue to collect the cash deposit previously ordered. </P>
        <P>This notice is not required by statute but is published as a service to the international trading community. </P>
        <SIG>
          <DATED>Dated: August 27, 2001.</DATED>
          <NAME>Holly A. Kuga, </NAME>
          <TITLE>Senior Office Director, Group II, Office 4, AD/CVD Enforcement. </TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 01-22145 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 3510-DS-P </BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE </AGENCY>
        <SUBAGY>International Trade Administration </SUBAGY>
        <DEPDOC>[A-122-823] </DEPDOC>
        <SUBJECT>Certain Cut-to-Length Carbon Steel Plate From Canada: Preliminary Results of Antidumping Duty Administrative Review </SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Import Administration, International Trade Administration, U.S. Department of Commerce. </P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of preliminary results of antidumping duty administrative review. </P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>In response to a request from Clayson Steel Inc. (Clayson), the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain cut-to-length carbon steel plate (CTL plate) from Canada. This review covers one manufacturer/exporter of CTL plate, Clayson, for the period August 1, 1999 through December 31, 1999. </P>
          <P>We have preliminarily determined that sales have been made below normal value (NV) by the company subject to this review. See “Preliminary Results of Review” section below for the company-specific rate. If these preliminary results are adopted in our final results of this administrative review, we will instruct the U.S. Customs Service to assess antidumping duties based on the difference between the export price (EP) and the NV. </P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">EFFECTIVE DATE:</HD>
          <P>September 4, 2001. </P>
        </EFFDATE>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Mark Hoadley at (202) 482-0666 or Julio Fernandez at (202) 482-0190, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">The Applicable Statute </HD>
        <P>Unless otherwise indicated, all citations to the Tariff Act of 1930, as amended (the Act), are to the provisions effective January 1, 1995, the effective date of the amendments made to the Act by the Uruguay Round Agreements Act. In addition, unless otherwise indicated, all citations to the Department's regulations are to 19 CFR part 351 (April 1999). </P>
        <HD SOURCE="HD1">Background </HD>
        <P>The Department published in the <E T="04">Federal Register</E> antidumping duty orders on certain corrosion-resistant carbon steel flat products (CORE) and CTL plate from Canada on August 19, 1993. <E T="03">See Antidumping Duty Orders: Certain Corrosion-Resistant Carbon Steel Flat Products and Certain Cut-to-Length Carbon Steel Plate from Canada,</E> 58 FR 44162 (August 19, 1993). The Department received timely requests from interested parties to conduct administrative reviews for the August 1, 1999 through July 31, 2000 period, pursuant to section 351.213(b) of the Department's regulations. On September 26, 2000, we initiated an administrative review of three manufacturers/exporters of CTL plate: Stelco Inc. (Stelco), Clayson, and Gerdau MRM Steel (MRM). </P>

        <P>On December 8, 2000, the Department revoked the antidumping duty order on CTL plate from Canada, effective January 1, 2000, pursuant to a determination by the U.S. International Trade Commission (ITC) under section 751(c) of the Act. <E T="03">See Revocation of Antidumping and Countervailing Duty Orders on Certain Carbon Steel Products From Canada, Germany, Korea, the Netherlands, and Sweden,</E> 65 FR 78467 (December 15, 2000) (<E T="03">Revocation Notice</E>). As a result of the revocation of this order, the period of review (POR) for the seventh administrative review of CTL plate is shortened to the period from August 1, 1999 through December 31, 1999. </P>

        <P>Under section 751(a)(3)(A) of the Act, the Department may extend the deadline for completion of an administrative review if it determines that it is not practicable to complete the review within the statutory time limit of 365 days. On March 1, 2001, the Department published a notice of extension of the time limit for the preliminary results in this review to August 31, 2001. <E T="03">See Certain Corrosion-Resistant Carbon Steel Flat Products and Certain Cut-to-Length Carbon Steel Plate: Extension of Time Limits for Preliminary Results of Antidumping Administrative Review,</E> 66 FR 12924 (March 1, 2001). </P>

        <P>On May 8, 2001, MRM withdrew its request for a review of CTL plate. The petitioner withdrew its request for an administrative review of CTL plate with respect to Stelco and MRM, the only producers of CTL plate for which it had requested a review, on December 13, 2000, and on May 11, 2001, respectively. On July 27, 2001, the Department rescinded, in part, the antidumping duty administrative review of CTL plate, due to the withdrawal of requests for review by the interested parties. <E T="03">See Certain Corrosion-Resistant Carbon Steel Flat Products and Certain Cut-to-Length Carbon Steel Plate from Canada: Rescission in Part and in Whole of Antidumping Duty Administrative Reviews,</E> 66 FR 39145 (July 27, 2001).</P>
        <P>The Department is conducting this review in accordance with section 751(a) of the Act.</P>
        <HD SOURCE="HD1">Scope of Review</HD>

        <P>CTL plate includes hot-rolled carbon steel universal mill plates (i.e., flat-rolled products rolled on four faces or in a closed box pass, of a width exceeding 150 millimeters but not exceeding 1,250 millimeters and of a thickness of not less than 4 millimeters, not in coils and without patterns in relief), of rectangular shape, neither clad, plated nor coated with metal, whether or not painted, varnished, or coated with plastics or other nonmetallic substances; and certain hot-rolled carbon steel flat-rolled products in straight lengths, of rectangular shape, hot rolled, neither clad, plated, nor coated with metal, whether or not painted, varnished, or coated with plastics or other nonmetallic substances, 4.75 millimeters or more in thickness and of a width which exceeds 150 millimeters and measures at least twice the thickness, as currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000, and 7212.50.0000. Included in this review are flat-rolled products of non-<PRTPAGE P="46259"/>rectangular cross-section where such cross-section is achieved subsequent to the rolling process (i.e., products which have been “worked after rolling”)—for example, products which have been beveled or rounded at the edges. Excluded from this review is grade X-70 plate. Also excluded is cut-to-length carbon steel plate meeting the following criteria: (1) 100% dry steel plates, virgin steel, no scrap content (free of Cobalt-60 and other radioactive nuclides); (2) .290 inches maximum thickness, plus 0.0, minus .030 inches; (3) 48.00 inch wide, plus .05, minus 0.0 inches; (4) 10 foot lengths, plus 0.5, minus 0.0 inches; (5) flatness, plus/minus 0.5 inch over 10 feet; (6) AISI 1006; (7) tension leveled; (8) pickled and oiled; and (9) carbon content, 0.03 to 0.08 (maximum).</P>
        <P>The HTSUS item numbers are provided for convenience and U.S. Customs Service (Customs) purposes. The written description remains dispositive of the scope of this review.</P>
        <HD SOURCE="HD1">Product Comparisons</HD>
        <P>In accordance with section 771(16) of the Act, we considered all products produced by the respondent that are covered by the description in the “Scope of Review” section above and sold in the home market during the POR to be foreign like products for purposes of determining appropriate product comparisons to U.S. sales. After conducting a sales-below-cost test, we had exact matches remaining between products sold in the U.S. and the home market for all U.S. sales, and, therefore, did not have to resort to constructed value (CV) or difference in merchandise (DIFMER) adjustments.</P>
        <HD SOURCE="HD1">Normal Value Comparisons</HD>
        <P>To determine whether sales of subject merchandise to the United States were made at less than NV, we compared the EP to NV, as described in the “United States Price” and “Normal Value” sections of this notice. In accordance with section 777A(d)(2) of the Act, we calculated monthly weighted-average prices for NV and compared these to individual U.S. transaction prices.</P>
        <HD SOURCE="HD1">United States Price</HD>
        <P>Clayson had no constructed export price (CEP) sales. The Department calculated EP for Clayson based on packed, delivered prices to customers in the United States. Pursuant to section 772(c)(2)(A) of the Act, we made deductions from the U.S. gross unit price for U.S. movement expenses (i.e., U.S. brokerage and duty expenses, and inland freight).</P>
        <P>We determined invoice date was the proper measurement of date of sale for Clayson's transactions, pursuant to both the commercial realities of Clayson's home market and U.S. sales during the POR and the Department's preference for invoice date, as articulated in section 351.401(i) of the Department's regulations.</P>
        <HD SOURCE="HD1">Normal Value</HD>
        <P>The Department determines the viability of the home market and the comparison market by comparing the aggregate quantity of home market and U.S. sales. Section 351.404(b)(2) of the Department's regulations states that if “the aggregate quantity * * * of the foreign like product sold by an exporter or producer in a country is 5 percent or more of the aggregate quantity * * * of its sales of the subject merchandise to the United States” then it has a viable home market for the subject merchandise. 19 CFR 351.404(b)(2) (defining “sufficient quantity”). We have determined that Clayson has a viable home market pursuant to this provision. Moreover, there is no evidence on the record supporting a particular market situation in the exporting company's country that would not permit a proper comparison of home market and U.S. prices. Therefore, in accordance with section 773(a)(1)(B)(i) of the Act, we have based NV on the price at which the foreign like product was first sold for consumption in the home market, in the usual commercial quantities and in the ordinary course of trade and, to the extent practicable, at the same level of trade (LOT) as the U.S. sale.</P>
        <P>Clayson made no home market sales to affiliated parties. Home market prices were based on the packed, delivered prices to purchasers in the home market. We made deductions from the home market price for an early payment discount, home market direct selling expenses (i.e., credit expenses), home market movement expenses (i.e., inland freight), and home market packing expenses in accordance with 773(a)(6)(B) of the Act. Furthermore, we added to the home market price amounts for U.S. direct selling expenses (i.e., credit expenses) and U.S. packing expenses in accordance with 773(a)(6)(A) of the Act.</P>
        <P>As discussed above, pursuant to both the commercial realities of Clayson's home market and U.S. sales during the POR and the Department's regulatory preference for invoice date, the Department determined that the date of sale for Clayson's transactions was best reflected in the date of invoice.</P>
        <HD SOURCE="HD1">Level of Trade</HD>
        <P>In accordance with section 773(a)(1)(B) of the Act, to the extent practicable, we determine NV based on sales in the comparison market at the same LOT as U.S. sales. In both the home market and the United States, Clayson reported one LOT and one distribution system, with one class of customer, original equipment manufacturers (OEMs), in both the home and U.S. markets. We compared the selling functions performed at the home market LOT with those performed at the U.S. LOT and found them to be substantially similar.</P>
        <HD SOURCE="HD1">Preliminary Results of Review</HD>
        <P>As a result of our review, we preliminarily determine the weighted-average dumping margin for the period August 1, 1999 through December 31, 1999 to be as follows:</P>
        <P>
          <E T="03">Manufacturer/Exporter:</E> Clayson.</P>
        <P>
          <E T="03">Margin Percentage:</E> 1.37%.</P>
        <P>The Department will disclose to the parties to the proceeding calculations performed in connection with these preliminary results of review within ten days after the date of public announcement, or, if there is no public announcement, within five days after the date of publication of these preliminary results of review.</P>
        <P>Any interested party may request a hearing within 30 days of publication. Any hearing, if requested, will be held 37 days after the date of publication or the first business day thereafter. Case briefs from interested parties may be submitted not later than 30 days after publication. Rebuttal briefs, limited to issues raised in case briefs, may be filed not later than five days after the date of filing of case briefs. The Department will publish the final results of this administrative review, including its analysis of issues raised in the case and rebuttal briefs, not later than 120 days after the date of publication of this notice.</P>
        <P>Upon issuance of the final results of review, the Department shall determine, and Customs shall assess, antidumping duties on all appropriate entries. In accordance with 19 CFR 351.212(b), we will calculate importer-specific ad valorem duty assessment rates. This rate will be assessed uniformly on all entries of each particular importer made during the POR.</P>

        <P>As noted above, as a result of a sunset review by the ITC, the Department has revoked the antidumping duty order for CTL plate from Canada, effective January 1, 2000. <E T="03">See Revocation Notice.</E> Therefore, we have instructed Customs to terminate suspension of liquidation <PRTPAGE P="46260"/>for all entries of CTL plate made on or after January 1, 2000, and further calculation of antidumping cash deposit requirements for this merchandise is no longer necessary.</P>
        <P>This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.</P>
        <P>This administrative review is being conducted and the notice published in accordance with sections 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 777(i)(1) of the Act (19 U.S.C 1677f(i)(1)).</P>
        <SIG>
          <DATED>Dated: August 24, 2001.</DATED>
          <NAME>Richard W. Moreland,</NAME>
          <TITLE>Acting Assistant Secretary.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22147 Filed 8-31-01; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-DS-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE </AGENCY>
        <SUBAGY>International Trade Administration </SUBAGY>
        <DEPDOC>A-580-839 </DEPDOC>
        <SUBJECT>Polyester Staple Fiber from Korea; Notice of Extension of Time Limit for Administrative Review </SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Import Administration, International Trade Administration, Department of Commerce. </P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of extension of time limit. </P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Department of Commerce (“the Department”) is extending the time limit for the preliminary results of the first administrative review of the antidumping duty order on polyester staple fiber from Korea. The period of review is November 8, 1999 through April 30, 2001. This extension is made pursuant to Section 751(a)(3)(A) of the Tariff Act of 1930, as amended by the Uruguay Round Agreements Act (“the Act”). </P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">EFFECTIVE DATE:</HD>
          <P>September 4, 2001. </P>
        </EFFDATE>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Craig Matney, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington DC 20230; telephone (202) 482-1778. </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTAL INFORMATION:</HD>

        <P>The Department is considering how best to address the review requests in this proceeding given our limited resources. Therefore, the Department finds it is not practicable to complete the preliminary determination by January 31, 2002 (<E T="03">see</E> 751(a)(3)(A) of the Act). Accordingly, the Department is extending the time limit for completion of the preliminary results to no later than May 31, 2002. <E T="03">See</E> 19 CFR 351.302(b). </P>
        <P>In accordance with sections 751(a)(1) and 777(i)(1) of the Act, we are issuing and publishing this notice. </P>
        <SIG>
          <DATED>Dated: August 28, 2001.</DATED>
          <NAME>Richard W. Moreland, </NAME>
          <TITLE>Acting Assistant Secretary for Import Administration. </TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22146 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 3510-DS-P </BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
        <DEPDOC>[Docket No. 010813205-1205-01]</DEPDOC>
        <RIN>RIN 0648-XA74</RIN>
        <SUBJECT>NOAA Ocean Exploration Initiative</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of Ocean Exploration, National Oceanic and Atmospheric Administration (NOAA), Commerce.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>In June 2000, a U.S. panel of ocean scientists, explorers, and educators convened to create a National Strategy for Ocean Exploration. Their final report, “Discovering Earth's final Frontier: A U.S. Strategy for Ocean Exploration”, is a plan to undertake new activities in ocean exploration. NOAA is embarking on this new strategy through its Ocean Exploration Program, and desires to partner with public, private, and academic ocean exploration programs outside of NOAA.</P>
          <P>The purpose of this notice is to advise the public, academic institutions, and private sector and government entities that the NOAA Office of Ocean Exploration (OE) is soliciting proposals in support of its mission to expand knowledge of the ocean's physical, chemical and biological environments, processes, characteristics, and resources by means of interdisciplinary expeditious to unknown, or poorly known, regions and through innovative experiments.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Proposals must be submitted to the Office of Ocean Exploration no later than 1 p.m. EST on November 7, 2001. Applications received after that time will not be considered for funding. Facsimile applications will not be accepted.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Send proposals to Katherine Croff, NOAA, Office of Ocean Exploration, Bldg. SSMC3, 11th Floor, 1315 East West Highway, Silver Spring, MD 20910 or via email to: <E T="03">oar.oe.submissions@noaa.gov.</E>
          </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>For further information, applicants and other interested parties are encouraged to contact the Office by phone at 301-713-9444 x-139 or via email at <E T="03">oar.oe.fag@noaa.gov</E> or by letter (see <E T="02">ADDRESSES</E>). A copy of this notice, as well as ancillary information, will be posted on the OE Program webpage which can be found at: <E T="03">http://oceanexplorer.noaa.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">I. Program Authority</HD>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>33 U.S.C. 883d.</P>
        </AUTH>
        
        <EXTRACT>
          <FP>Catalog of Federal Domestic Assistance Number: 11.460</FP>
        </EXTRACT>
        <HD SOURCE="HD1">II. Program Description</HD>
        <HD SOURCE="HD2">A. Mission and Background</HD>
        <P>The OE Program's mission is to search and investigate the oceans for the purpose of discovery and the advancement of knowledge of the ocean's physical, chemical and biological environments, processes, characteristics, and resources by means of interdisciplinary expeditious to unknown, or poorly known, regions and through innovative experiments. The Program advocates discovery-based science and collaboration between multiple partners and disciplines. Education and outreach are also important OE Program components.</P>

        <P>NOAA's OE Program is viewed as a component of an envisioned larger National Ocean Exploration Program which is described in Discovering Earth's Final Frontier: A U.S. Strategy for Ocean Exploration <E T="03">http://oceanpanel.nos.noaa.gov.</E> As envisioned, it would seek to bring the best of our Nation's ocean scientists to ocean science and technological frontiers for the purposes of discovering more about life in the oceans, discovering new oceans processes, learning more about maritime cultural resources and heritage, and prospecting for biological and mineral resources. The NOAA OE Program will thereby support NOAA's role as the Nation's agency for ocean stewardship.</P>

        <P>In order to facilitate pathfinding oceanic research and technology development, the OE Program will invest in well-justified projects that will expand our knowledge of the ocean's physical, chemical and biological environments as well as its processes, <PRTPAGE P="46261"/>characteristics, and resources. The OE Program will achieve these goals, in part, by means of interdisciplinary expeditions to unknown, or poorly known, regions and by means of innovative experiments. The Program also will seek to expand the Nation's maritime cultural heritage through support of ocean archeological expeditions.</P>
        <P>A major commitment will be devoted to data dissemination and timely communication of the Program's achievements to a broad audience. Participants in the program are anticipated to include the public, private entities, and academic scientists.</P>
        <HD SOURCE="HD2">B. Notice Objectives</HD>
        <P>The purpose of this announcement is to invite the submission of research proposals to explore and discover fundamental, new knowledge about the ocean and the organisms that live within it, to pursue the advancement of ocean technology and to develop teaching tools and innovative means for disseminating results and data.</P>
        <HD SOURCE="HD2">C. Research Proposal Focus</HD>
        <P>Proposals should address pathfinding research within the themes and regions listed below. Research within areas of U.S. legal jurisdiction is encouraged.</P>
        <P>Generalized thematic focuses for Ocean Exploration proposals include: (1) Exploring unknown or poorly known ocean regions; (2) exploring ocean dynamics and interactions at new time scales; (3) developing new sensors and systems; (4) exploring the Nation's maritime heritage; (5) exploring the ocean using remote sensing techniques, especially passive acoustics; and (6) exploring for living and nonliving ocean resources.</P>
        <P>Areas of geographic interest include (but are not necessarily limited to) the: (1) Eastern Pacific (from the Baja peninsula to the Bering Sea and including the Gulf of Alaska); (2) Northwest Hawaiian Islands; (3) Arctic; (4) Antarctic; (5) Gulf of Mexico; (6) Gulf of Maine; (7) South Atlantic Bight.</P>
        <P>The scope of proposals is left to the proposer's discretion, e.g., a proposal may be for a specific task or a large-scale, multi-institutional interdisciplinary expedition. Proposals may include costs for ship time and other facilities, including ROVs, etc.</P>
        <P>All funded Principal Investigators (PIs) will be required to cooperate with the OE Program staff in facilitating education and outreach activities, which are major priorities for the program. These activities may entail such things as accommodation of a teacher/educator-at-sea or at-sea media participation. Proposals should specifically address these priorities.</P>
        <P>NOAA's Ocean Explorer website (<E T="03">http://oceanexplorer.noaa.gov</E>) is the principle vehicle for chronicling and documenting missions supported by the OE Program. PIs and mission participants will be required to provide materials for this site. Mechanisms to do this, e.g., coordination with the NOAA Ocean Explorer website team (see Ancillary Information at: http://oceanexplorer.noaa.gov), should be described in the proposal, and costs for accomplishing this goal should be included in the budget.</P>
        <P>PIs must also be willing to cooperate with OE to ensure that data acquired through their grants are compatible with the OE data/information system currently under development. All funded proposals will be required to provide OE with metadata (via the Internet) pertaining to all research data sets within 90 days of their collection. In keeping with OE's education and outreach goals, the Internet databases also should be friendly to users from a wide spectrum of abilities and backgrounds. Because of the anticipated wide diversity in kinds of data to be acquired, dates for access to specific datasets (by the OE Program, relevant data repositories, and other requesters) will be individually established prior to each proposal award.</P>
        <HD SOURCE="HD1">III. Funding Availability</HD>
        <P>This solicitation announces that approximately $14M may be available in FY 2002, in award amounts to be determined by the proposals and available funds. Applicants are hereby given notice that funds have not yet been appropriated for this program.</P>
        <P>There is no guarantee that sufficient funds will be available to make awards for all qualified projects. Publication of this notice does not oblige NOAA to award any specific project or to obligate any available funds. If one incurs any costs prior to receiving an award agreement signed by an authorized NOAA official, one would do so solely at one's own risk of these costs not being included under the award. Notwithstanding any verbal or written assurance that one may have received, pre-award costs are not allowed under the award unless the Grants Officer approves them in accordance with 15 C.F.R. 14.28.</P>
        <HD SOURCE="HD1">IV. Matching Requirements</HD>
        <P>Applications must reflect the total budget necessary to accomplish the project, including contributions and/or donations. However, applicants are not required to seek matching funds to qualify for this award. If an applicant chooses to cost-share, and if that application is selected for funding, the applicant will be bound by the percentage of the cost-share reflected in the award.</P>
        <HD SOURCE="HD1">V. Type of Funding Instrument</HD>
        <P>The type of a funding instrument (either grant or cooperative agreement) that NOAA will use will be determined by the NOAA Grants Office in consultation with the NOAA OE Program Office. Mechanism for actual transfer of funds will depend on the specific agency or institution and its relationship to NOAA. Note: Grants or cooperative agreements will not be used in the case of funding for other Federal agencies. Such agencies will be funded through an inter-agency transfer (see Section IX for additional information).</P>
        <HD SOURCE="HD1">IV. Duration of Funding and Award Period</HD>
        <P>Proposals may request funding for up to three years. Funding in out-years will be contingent on successful accomplishment of prior-year objectives and the level of the program's overall funding. A year-end report of accomplishments will be required for multi-year proposals.</P>
        <HD SOURCE="HD1">VII. Eligibility</HD>
        <P>Institutions of higher education, nonprofit organizations, commercial organizations, foreign governments, organizations under the jurisdiction of foreign governments, international organizations, state, local and Indian tribal governments, and Federal agencies are eligible to apply and be awarded funds. Note: Before other Federal applicants may be funded, they must demonstrate that they have legal authority to receive funds for the purpose of this program in excess of their appropriation; see Section IX for more details on this point. Because this announcement is not proposing to procure goods or services from applicants, the Economy Act (31 U.S.C. 1535) is not an appropriate legal basis.</P>
        <HD SOURCE="HD1">VIII. Project Funding Considerations</HD>
        <P>NOAA encourages proposals that are interdisciplinary and involve legitimate collaborations with more than one institution or agency.</P>
        <HD SOURCE="HD1">IX. Application Forms and Format</HD>

        <P>All applications must include the forms listed in section IX(A) and a proposal that conforms to the specifications in section IX(B). For other federal agencies wishing to apply, please contact the OE Program Director at 301-713-9444 or via email at <PRTPAGE P="46262"/>
          <E T="03">oar.oe.fag@noaa.gov</E> prior to the development of any research proposals to discuss the legal authority for receiving these funds.</P>
        <HD SOURCE="HD2">A. Forms</HD>

        <P>Standard Forms 424, Application for Federal Assistance, 424A, Budget Information-Non-Construction Programs, 424B, Assurances-Non-Construction Programs, SF-LLL, Disclosure of Lobbying Activities (Rev. 7-97) (if applicable); DOC forms, CD-346, Applicant for Funding Assistance, CD-511, Certifications Regarding Debarment, Suspension and Other Responsibility Matters: Drug-Free Workplace Requirements and Lobbying, and CD-512, Certifications Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions and Lobbying shall be used in applying for financial assistance. All necessary forms may be obtained via the OE Internet site (see: OE Application Kit) at <E T="03">http://oceanexplorer.noaa.gov.</E> For hard copies, see <E T="02">ADDESSES</E> and/or <E T="02">FOR FURTHER INFORMATION.</E>
        </P>
        <HD SOURCE="HD2">B. Proposal Format</HD>
        <P>The proposal should be self-contained. The proposal must clearly delineate each partner's efforts and the associated requests for OE funds, as well as any cost-sharing. The same proposal will be used to implement funding of all partners in the proposed effort, if selected. Thus, separate budgets within the single proposal will be required if more than one funding action is needed..</P>
        <P>All proposals/applications must include the following: (a) Completed cover page; (b) a maximum half-page executive summary; (c) a maximum 20-page description of the entire project (including collaborations, period of performance, and work plan); (d) budget narrative (including proper budget justification for non-standard items); (e) a summary of relevant current funding support; (f) a short Principal Investigator resume, including recent relevant publication references,and (g) all government forms required for submission.</P>
        <P>The entire package must make 40 pages or less. Proposals must be stapled or bound in the uppermost left-hand corner. Margins should be one inch on all four sides and the font size should be at least 10 point. A copy of the proposal on floppy diskette or Zip disk in Adobe Acrobat PDF or Microsoft Word format is requested, but not required.</P>
        <HD SOURCE="HD1">X. Proposal/Application Submission Procedure</HD>

        <P>Investigators/applicants may submit hard copies or electronic copies (via email) of their proposals. Applicants submitting hard copies must submit three hard copies of the proposal. While extra copies are not required, submission of an extra twelve copies will expedite the review process. Although electronic submissions are welcomed, the forms, identified in Section IX(A), must be submitted in hard copy with original signatures in conjunction with any electronic submissions by the closing date/time. Three original copies of the forms, identified in section IX(A), are needed. Failure to submit the required forms may result in a proposal being rejected. Please send electronic submissions to the following email address: <E T="03">oar.oe.submissions@noaa.gov.</E> For further information, see <E T="03">Announcement of Opportunity: Application Kit</E> at <E T="03">http://oceanexplorer.noaa.gov/</E> or see <E T="02">ADDRESSES</E> and/or <E T="02">FOR FURTHER INFORMATION.</E>
        </P>
        <HD SOURCE="HD1">XI. Evaluation Criteria</HD>
        <P>Each proposal should take into consideration all of the following criteria. Listed in order of importance, these criteria will be used by independent peer mail reviewers and an independent peer review panel to assist in their evaluations of proposals submitted to the OE Program:</P>
        <HD SOURCE="HD2">Scientific and Technical Merit</HD>
        <P>The scientific and/or technical context and value of the work proposed, and the probability of success.</P>
        <HD SOURCE="HD2">Relevance of the Proposal to OE Program Objectives</HD>
        <P>The capacity for the proposal to address and support Ocean Exploration's missions and objectives (see: Section II., Parts A, B, and C).</P>
        <HD SOURCE="HD2">Usability of Results</HD>
        <P>The anticipated or potential scientific and/or technical importance of project results.</P>
        <HD SOURCE="HD2">Other Requirements</HD>
        <P>All proposals must provide sufficient information to demonstrate the applicant's scientific and/or technical capability to successfully undertake the proposed work. All proposals must also provide a complete and detailed budget, which includes supporting narratives for unusual and/or unusually costly items.</P>
        <P>The proposals will be judged, in accordance with these evaluation criteria, on a adjectival scale ranging in order of decreasing merit, as follows:</P>
        <P>
          <E T="03">Excellent</E>: Comprehensive, thorough and of exceptional merit, one or more major strengths, no major weaknesses, and any minor weaknesses easily correctable.</P>
        <P>
          <E T="03">Very Good</E>: Competent, one or more major strengths, strengths outweigh weaknesses, and major weaknesses correctable.</P>
        <P>
          <E T="03">Good</E>: Reasonable, may be strengths and/or weaknesses, weaknesses do not significantly detract from the proposal's viability, any major weaknesses are correctable.</P>
        <P>
          <E T="03">Fair</E>: One or more major weaknesses, weaknesses outweigh strengths, major weaknesses may possibly be corrected or minimized.</P>
        <P>
          <E T="03">Poor</E>: One or more major weaknesses which will be difficult to correct or may not be correctable.</P>
        <HD SOURCE="HD1">XII. Selection Process</HD>
        <P>Proposals will be evaluated by an independent peer mail review, i.e., each proposal will be reviewed, by three qualified scientific and/or technical peers drawn from government, academia, and/or industry (working independently). These reviewers will be required to certify that they do not have a conflict of interest and that they will maintain confidentiality concerning the application(s) they are reviewing. The peer reviewers will (1) assign adjectival ratings to each proposal based on the evaluation criteria described in section XI, and (2) compose written assessments.</P>
        <P>Proposals and the accompanying written mail reviews will be sent to OE, who will make them available to the peer review panel. Panel members may include relevant NOAA and non-NOAA experts. As a group, the panel members will discuss the scientific merits of each proposal and the contents of the written assessments composed during the peer mail reviews process. After the discussion, each peer review panel member will individually rate each proposal using the evaluation criteria listed in this announcement. There will be no consensus advice or evaluation.</P>

        <P>Following the panel meeting, the proposals, the written reviews, and ratings of each panelist then will be sent to the OE Program's Chief Scientist. The Chief Scientist will compile the individual ratings for each proposal, and, after taking into account the extent to which the proposals meet OE's funding considerations, will group all of the proposals into the following fundable categories: Highest Priority For Funding, Merits Funding, or Decline.<PRTPAGE P="46263"/>
        </P>
        <P>The Director of the NOAA OE Program will have the final authority and responsibility for decisions regarding proposal acceptance or rejection. The Director, in making his/her final decisions, will consider: (1) Individual peer reviews, (2) the peer review panel evaluations, ratings and Chief Scientist groupings; (3) the avoidance of duplication with other projects funded by NOAA or other Federal Agencies; (4) the extent to which the proposals meet the funding considerations in Section VIII; and (5) availability of funding. Therefore, the highest proposal rating may not ultimately determine funding. Investigators may be asked to modify objectives, work plans, or budgets prior to approval of the award. Subsequent administrative processing will be in accordance with current NOAA grants procedures.</P>
        <HD SOURCE="HD1">XIII. Other NOAA Affiliations</HD>
        <P>Other NOAA agencies and programs also have mission objectives which involve ocean research and technology development. Examples include, the National Undersea Research Program, the National Sea Grant College Program, the Office of Oceanic and Atmospheric Research Office's Arctic Research Office, NMFS and the National Ocean Service. The OE Program anticipates and encourages collaborative efforts between itself and these agencies and programs. Investigators who wish to work with the OE Program through any of these other entities should contact them directly. Prospective collaborative projects facilitated by these other programs will be subject to the OE Program's proposal review and decision-making process. For additional details about these other programs, see: http://oceanexplorer.noaa.gov.</P>
        <HD SOURCE="HD1">XIV. Federal Policies and Procedures Applicable to OE</HD>
        <HD SOURCE="HD2">A. Environmental Impact</HD>
        <P>If a proposed project might have an environmental impact, the proposal should furnish sufficient information to assist proposal reviewers in assessing the environmental consequences of supporting the project. </P>
        <HD SOURCE="HD2">B. ESA/MMPA Permits and Authorizations</HD>
        <P>Where relevant, proposals with the potential to impact marine mammals and/or other protected species must comply with the Marine Mammal Protection Act of 1972 (MMPA), (16 U.S.C. 1361-1421h) and the Endangered Species Act of 1973 (ESA), (16 U.S.C. 1531-1544). </P>
        <P>For further information about permits, authorizations or viewing marine mammals and other protected species in the wild please visit the following NMFS websites: </P>
        <FP SOURCE="FP-1">
          <E T="03">http://www.nmfs.noaa.gov/prot res/overview/permits.html</E>
        </FP>
        <FP SOURCE="FP-1">
          <E T="03">http://www.nmfs.noaa.gov/prot res/MMWatch/MMViewing.html.</E>
        </FP>
        <HD SOURCE="HD1">XV. Other Requirements</HD>
        <HD SOURCE="HD2">A. Federal Policies and Procedures</HD>
        <P>Recipients and subrecipients are subject to all Federal laws and Federal and DOC policies, regulations and procedures applicable to Federal financial assistance awards. Women and minority individuals and groups are encouraged to submit applications under this program. </P>
        <P>DOC/NOAA is strongly committed to broadening the participation of Historically Black Colleges and Universities (HBCU), Hispanic Serving Institutions (HSI), and Tribal Colleges and Universities (TCU) in its educational and research programs. The DOC/NOAA vision, mission, and goals are to achieve full participation by Minority Serving Institutions (MSI) in order to advance the development of human potential, to strengthen the Nation's capacity to provide high-quality education, and to increase opportunities for MSIs to participate in and benefit from Federal Assistance programs. DOC/NOAA encourages all applicants to include meaningful participation of MSIs. </P>
        <HD SOURCE="HD2">B. Past Performance</HD>
        <P>Any first-time applicant for Federal grant funds is subject to a pre-award accounting survey prior to execution of the award. Unsatisfactory performance under prior Federal awards may result in an application not being considered for funding. </P>
        <HD SOURCE="HD2">C. Pre-Award Activities</HD>
        <P>If applicants incur any costs prior to an award being made, they do so solely at their own risk of not being reimbursed by the Government. Notwithstanding any verbal or written assurance that they may have received, there is no obligation on the part of DOC to cover pre-award costs. </P>
        <HD SOURCE="HD2">D. No Obligation of Future Funding</HD>
        <P>If an application is selected for funding, DOC has no obligation to provide any additional future funding in connection with the award. Renewal of an award to increase funding or extend the period of performance is at the total discretion of DOC. </P>
        <HD SOURCE="HD2">E. Delinquent Federal Debt</HD>
        <P>No Federal funds will be awarded to an applicant or to its subrecipients who have any outstanding debt until either: </P>
        <P>1. The delinquent account is paid in full;</P>
        <P>2. A negotiated repayment schedule is established and at least one payment is received; or</P>
        <P>3. Other arrangements satisfactory to DOC are made. </P>
        <HD SOURCE="HD2">F. Name Check Review</HD>
        <P>All non-profit and for-profit applicants are subject to a name-check review process. Name checks are intended to reveal if any key individuals associated with the applicant have been convicted of or are presently facing criminal charges such as fraud, theft, perjury, or other matters which significantly reflect on the applicant's management honesty or financial integrity. </P>
        <HD SOURCE="HD2">G. False Statements</HD>
        <P>A false statement on an application is grounds for denial or termination of funds and grounds for possible punishment by a fine or imprisonment as provided in 18 U.S.C. 1001.</P>
        <HD SOURCE="HD2">H. Primary Applicant Certifications</HD>
        <P>All primary applicants must submit a completed Form CD-511, “Certifications Regarding Debarment, Suspension and Other Responsibility Matters; Drug-Free Workplace Requirements and Lobbying,” and the following explanations are hereby provided. </P>
        <P>1. <E T="03">Nonprocurement Debarment and Suspension. </E>Prospective participants (as defined at 15 CFR Part 26, Section 105) are subject to 15 CFR Part 26, “Nonprocurement Debarment and Suspension” and the related section of the certification form prescribed above applies; </P>
        <P>2. <E T="03">Drug-Free Workplace.</E> Grantees (as defined at 15 CFR Part 26, Section 605) are subject to 15 CFR Part 26, Subpart F, “Governmentwide Requirements for Drug-Free Workplace (Grants)” and the related section of the certification form prescribed above applies; </P>
        <P>3. <E T="03">Anti-Lobbying.</E> Persons (as defined at 15 CFR Part 28, Section 105) are subject to the lobbying provisions of 31 U.S.C. 1352, “Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions,” and the lobbying section of the certification form prescribed above applies to applications/bids for grants, cooperative agreements, and contracts for more than $100,000, and loans and loan guarantees for more then $150,000, or the single family maximum <PRTPAGE P="46264"/>mortgage limit for affected programs, whichever is greater; and </P>
        <P>4. <E T="03">Anti-Lobbying Disclosures.</E> Any applicant that has paid or will pay for lobbying using any funds must submit an SF-LLL “Disclosure of Lobbying Activities,” as required under 15 CFR Part 28, Appendix B.</P>
        <HD SOURCE="HD2">I. Lower Tier Certifications</HD>
        <P>Recipients shall require applicants/bidders for subgrants, contracts, subcontracts, or other lower tier covered transactions at any tier under the award to submit, if applicable, a completed Form CD-512. “Certifications Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions and Lobbying” and disclosure form, SF-LLL, “Disclosure of Lobbying Activities.” Form CD-512 is intended for the use of recipients and should not be transmitted to DOC. SF-LLL submitted by any tier recipient or subrecipient should be submitted to DOC in accordance with the instructions contained in the award document.</P>
        <HD SOURCE="HD2">J. Intergovernmental Review</HD>
        <P>Applicants under this program are subject to Executive Order 12372, “Intergovernmental Review of Federal Programs.”</P>
        <HD SOURCE="HD2">K. Purchase of American-Made Equipment and Products </HD>
        <P>Applicants are hereby notified that they will be encouraged to the greatest extent practicable, to purchase American-made equipment and products with funding provided under this program.</P>
        <HD SOURCE="HD1">Classification</HD>
        <P>Prior notice and an opportunity for public comments are not required by the Administration Procedure Act (5 U.S.C. 553(a)(2)) or any other law for this notice concerning grants, benefits, and contracts.</P>
        <P>Therefore, a regulatory flexibility analysis is not required for purposes of the Regulatory Flexibility Act (5 U.S.C. § 601 et. seq.)</P>
        <P>This action has been determined to be not significant for purposes of Executive Order 12866.</P>
        <P>This notice contains collection-of-information requirements which are subject to the Paperwork Reduction Act. The use of Standard Forms 424, 424A, 424B, SF-LLL and CD-346 have been approved by OMB under the respective control numbers 0348-0043, 0348-0044, 0348-0040, 0348-0046, and 0605-0001. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the Paperwork Reduction Act, unless that collection of information displays a currently valid OMB control number.</P>
        <SIG>
          <DATED>Dated: August 29, 2001.</DATED>
          <NAME>Louisa Koch,</NAME>
          <TITLE>Deputy Assistant Administrator, Office of Oceanic and Atmospheric Research, National Oceanic and Atmospheric Administration.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22142 Filed 8-31-01; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-KD-M</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS</AGENCY>
        <SUBJECT>Adjustment of Import Limits for Certain Cotton and Man-Made Fiber Textile Products Produced or Manufactured in Qatar</SUBJECT>
        <DATE>August 28, 2001.</DATE>
        <AGY>
          <HD SOURCE="HED">AGENCY: </HD>
          <P>Committee for the Implementation of Textile Agreements (CITA).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION: </HD>
          <P>Issuing a directive to the Commissioner of Customs adjusting limits.</P>
        </ACT>
        <EFFDATE>
          <HD SOURCE="HED">EFFECTIVE DATE: </HD>
          <P>September 4, 2001.</P>
        </EFFDATE>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT: </HD>
          <P>Roy Unger, International Trade Specialist, Office of Textiles and Apparel, U.S. Department of Commerce, (202) 482-4212.  For information on the quota status of these limits, refer to the Quota Status Reports posted on the bulletin boards of each Customs port, call (202) 927-5850, or refer to the U.S. Customs website at http://www.customs.ustreas.gov.  For information on embargoes and quota re-openings,  refer to the Office of Textiles and Apparel website at http://otexa.ita.doc.gov.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>Section 204 of the Agricultural Act of 1956, as amended (7 U.S.C. 1854); Executive Order 11651 of March 3, 1972, as amended.</P>
          <P>The current limit for Categories 347/348 is being increased for swing, reducing the limit for Categories 341/641 to account for the swing being applied.  The limit for Categories 347/348 is also being increased for carryforward.</P>

          <P>A description of the textile and apparel categories in terms of HTS numbers is available in the CORRELATION:  Textile and Apparel Categories with the Harmonized Tariff Schedule of the United States (see <E T="04">Federal Register</E> notice 65 FR 82328, published on December 28, 2000).  Also see 65 FR 66726, published on November 7, 2000.</P>
        </AUTH>
        <SIG>
          <NAME>J. Hayden Boyd,</NAME>
          <TITLE>Acting Chairman, Committee for the Implementation of Textile Agreements.</TITLE>
        </SIG>
        <EXTRACT>
          <HD SOURCE="HD1">Committee for the Implementation of Textile Agreements</HD>
          <HD SOURCE="HD3">August 28, 2001.</HD>
          <FP SOURCE="FP-2">Commissioner of Customs,</FP>
          <FP SOURCE="FP-2">
            <E T="03">Department of the Treasury, Washington, DC 20229.</E>
          </FP>
          <P>Dear Commissioner: This directive amends, but does not cancel, the directive issued to you on October 27, 2000, by the Chairman, Committee for the Implementation of Textile Agreements.  That directive concerns imports of certain cotton and man-made fiber textile products, produced or manufactured in Qatar and exported during the twelve-month period beginning on January 1, 2001 and extending through December 31, 2001.</P>
          <P>Effective on September 4, 2001, you are directed to adjust the current limits for the following categories, as provided for under the Uruguay Round Agreement on Textiles and Clothing:</P>
          <GPOTABLE CDEF="s70,r78" COLS="2" OPTS="L2(4,4,4),tp0">
            <BOXHD>
              <CHED H="1">Category</CHED>
              <CHED H="1">Adjusted twelve-month limit <SU>1</SU>
              </CHED>
            </BOXHD>
            <ROW>
              <ENT I="01">341/641</ENT>
              <ENT>208,185 dozen.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">347/348</ENT>
              <ENT>702,995 dozen.</ENT>
            </ROW>
            <TNOTE>
              <SU>1</SU> The limits have not been adjusted to account for any imports exported after December 31, 2000.</TNOTE>
          </GPOTABLE>
          <P>The Committee for the Implementation of Textile Agreements has determined that these actions fall within the foreign affairs exception of the rulemaking provisions of 5 U.S.C. 553(a)(1).</P>
          <P>Sincerely,</P>
          <FP>J. Hayden Boyd,</FP>
          <FP>Acting Chairman, Committee for the Implementation of Textile Agreements.</FP>
        </EXTRACT>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22119 Filed 8-31-01; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-DR-S</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS</AGENCY>
        <SUBJECT>Adjustment of Import Limits for Certain Wool Textile Products Produced or Manufactured in Romania </SUBJECT>
        <DATE>August 29, 2001.</DATE>
        <AGY>
          <HD SOURCE="HED">AGENCY: </HD>
          <P>Committee for the Implementation of Textile Agreements (CITA).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION: </HD>
          <P>Issuing a directive to the Commissioner of Customs adjusting limits.</P>
        </ACT>
        <EFFDATE>
          <HD SOURCE="HED">EFFECTIVE DATE: </HD>
          <P>September 4, 2001.</P>
        </EFFDATE>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT: </HD>

          <P>Naomi Freeman, International Trade Specialist, Office of Textiles and Apparel, U.S. Department of Commerce, <PRTPAGE P="46265"/>(202) 482-4212.  For information on the quota status of these limits, refer to the Quota Status Reports posted on the bulletin boards of each Customs port, call (202) 927-5850, or refer to the U.S. Customs website at http://www.customs.ustreas.gov.  For information on embargoes and quota re-openings, refer to the Office of Textiles and Apparel website at http://otexa.ita.doc.gov.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>Section 204 of the Agricultural Act of 1956, as amended (7 U.S.C. 1854); Executive Order 11651 of March 3, 1972, as amended.</P>
          <P>The current limits for Categories 435 and 444 are being adjusted for the undoing of special shift.</P>

          <P>A description of the textile and apparel categories in terms of HTS numbers is available in the CORRELATION:  Textile and Apparel Categories with the Harmonized Tariff Schedule of the United States (see <E T="04">Federal Register</E> notice 65 FR 82328, published on December 28, 2000).  Also see 65 FR 77594, published on December 12, 2000.</P>
        </AUTH>
        <SIG>
          <NAME>J. Hayden Boyd,</NAME>
          <TITLE>Acting Chairman, Committee for the Implementation of Textile Agreements.</TITLE>
        </SIG>
        <EXTRACT>
          <HD SOURCE="HD1">Committee for the Implementation of Textile Agreements</HD>
          <HD SOURCE="HD3">August 29, 2001.</HD>
          <FP SOURCE="FP-2">Commissioner of Customs,</FP>
          <FP SOURCE="FP-2">
            <E T="03">Department of the Treasury, Washington, DC  20229.</E>
          </FP>
          <P>Dear Commissioner: This directive amends, but does not cancel, the directive issued to you on December 5, 2000, by the Chairman, Committee for the Implementation of Textile Agreements.  That directive concerns imports of certain cotton, wool, man-made fiber, silk blend and other vegetable fiber textiles and textile products produced or manufactured in Romania and exported during the twelve-month period which began on January 1, 2001 and extends through December 31, 2001.</P>
          <P>Effective on September 4, 2001, you are directed to adjust the limits for the following categories, as provided for under the Uruguay Round Agreement on Textiles and Clothing:</P>
          <GPOTABLE CDEF="s70,r78" COLS="2" OPTS="L2(4,4,4),tp0">
            <BOXHD>
              <CHED H="1">Category</CHED>
              <CHED H="1">Adjusted twelve-month limit <SU>1</SU>
              </CHED>
            </BOXHD>
            <ROW>
              <ENT I="01">435</ENT>
              <ENT>15,712 dozen.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">444</ENT>
              <ENT>15,000 numbers.</ENT>
            </ROW>
            <TNOTE>
              <SU>1</SU> The limits have not been adjusted to account for any  imports exported after December 31, 2000.</TNOTE>
          </GPOTABLE>
          <P>The Committee for the Implementation of Textile Agreements has determined that these actions fall within the foreign affairs  exception to the rulemaking provisions of 5 U.S.C. 553(a)(1).</P>
          <P>Sincerely,</P>
          <FP>
            <E T="01">J. Hayden Boyd,</E>
          </FP>
          <FP>
            <E T="03">Acting Chairman, Committee for the Implementation of Textile Agreements.</E>
          </FP>
        </EXTRACT>
      </SUPLINF>
      <FRDOC>[FR Doc.01-22158 Filed 8-31-01; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-DR-S</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS</AGENCY>
        <SUBJECT>Adjustment of Import Limits for Certain Cotton, Wool, Man-Made Fiber, Silk Blend and Other Vegetable Fiber Textiles and Textile Products Produced or Manufactured in Taiwan</SUBJECT>
        <DATE>August 29, 2001.</DATE>
        <AGY>
          <HD SOURCE="HED">AGENCY: </HD>
          <P>Committee for the Implementation of Textile Agreements (CITA).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION: </HD>
          <P>Issuing a directive to the Commissioner of Customs adjusting limits.</P>
        </ACT>
        <EFFDATE>
          <HD SOURCE="HED">EFFECTIVE DATE: </HD>
          <P>September 6, 2001.</P>
        </EFFDATE>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT: </HD>
          <P>Roy Unger, International Trade Specialist, Office of Textiles and Apparel, U.S. Department of Commerce, (202) 482-4212.  For information on the quota status of these limits, refer to the Quota Status Reports posted on the bulletin boards of each Customs port, call (202) 927-5850, or refer to the U.S. Customs website at http://www.customs.gov.  For information on embargoes and quota re-openings, refer to the Office of Textiles and Apparel website at http://otexa.ita.doc.gov.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>Section 204 of the Agricultural Act of 1956, as amended (7 U.S.C. 1854); Executive Order 11651 of March 3, 1972, as amended.</P>
          <P>The current limits for certain categories are being adjusted for carryover, swing and special shift.</P>

          <P>A description of the textile and apparel categories in terms of HTS numbers is available in the CORRELATION:  Textile and Apparel Categories with the Harmonized Tariff Schedule of the United States (see <E T="04">Federal Register</E> notice 65 FR 82328, published on December 28, 2000).  Also see 66 FR 11003, published on February 21, 2001.</P>
        </AUTH>
        <SIG>
          <NAME>J. Hayden Boyd,</NAME>
          <TITLE>Acting Chairman, Committee for the Implementation of Textile Agreements.</TITLE>
        </SIG>
        <EXTRACT>
          <HD SOURCE="HD1">Committee for the Implementation of Textile Agreements</HD>
          <HD SOURCE="HD3">August 29, 2001.</HD>
          <FP SOURCE="FP-2">Commissioner of Customs,</FP>
          <FP SOURCE="FP-2">
            <E T="03">Department of the Treasury, Washington, DC 20229.</E>
          </FP>
          <P>Dear Commissioner: This directive amends, but does not cancel, the directive issued to you on February 15, 2001, by the Chairman, Committee for the Implementation of Textile Agreements.  That directive concerns imports of certain cotton, wool, man-made fiber, silk blend and other vegetable fiber textiles and textile products, produced or manufactured in Taiwan and exported during the twelve-month period which began on January 1, 2001 and extends through December 31, 2001.</P>
          <P>Effective on September 6, 2001, you are directed to adjust the current limits for the following categories, as provided for under the terms of the current bilateral textile agreement:</P>
          <GPOTABLE CDEF="s70,r78" COLS="2" OPTS="L2(4,4,4),tp0">
            <BOXHD>
              <CHED H="1">Category</CHED>
              <CHED H="1">Twelve-month limit <SU>1</SU>
              </CHED>
            </BOXHD>
            <ROW>
              <ENT I="11">Group II</ENT>
              <ENT/>
            </ROW>
            <ROW>
              <ENT I="11">237, 239, 330-332, 333/334/335, 336, 338/339, 340-345, 347/348, 349, 350/650, 351, 352/652, 353, 354, 359-C/659-C <SU>2</SU>, 359-H/659-H <SU>3</SU>, 359-O <SU>4</SU>, 431 444, 445/446, 447/448, 459, 630-632, 633/634/635, 636, 638/639, 640, 641-644, 645/646, 647/648, 649, 651, 653, 654, 659-S <SU>5</SU>, 659-O <SU>6</SU>, 831-844 and 846-859, as a group</ENT>
              <ENT>733,029,292 square meters equivalent.</ENT>
            </ROW>
            <ROW>
              <ENT I="11">Sublevels in Group II</ENT>
              <ENT/>
            </ROW>
            <ROW>
              <ENT I="01">239</ENT>
              <ENT>6,243,128 kilograms.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">331</ENT>
              <ENT>540,605 dozen pairs.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">345</ENT>
              <ENT>135,598 dozen.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">352/652</ENT>
              <ENT>3,507,182 dozen.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">359-H/659-H</ENT>
              <ENT>5,159,777 kilograms.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">435</ENT>
              <ENT>27,427 dozen.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">438</ENT>
              <ENT>30,535 dozen.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">631</ENT>
              <ENT>5,527,362 dozen pairs.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">633/634/635</ENT>
              <ENT>1,667,128 dozen of which not more than 978,503 dozen shall be in Categories 633/634 and not more than 867,079 dozen shall be in Category 635.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">642</ENT>
              <ENT>839,303 dozen.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">659-S</ENT>
              <ENT>1,729,838 kilograms.</ENT>
            </ROW>
            <ROW>
              <ENT I="11">Group II Subgroup</ENT>
              <ENT/>
            </ROW>
            <ROW>
              <ENT I="01">333/334/335, 341, 342, 350/650, 351, 447/448, 636, 641 and 651, as a group</ENT>
              <ENT>78,984,840 square meters equivalent.</ENT>
            </ROW>
            <ROW>
              <ENT I="11">Within Group II Subgroup</ENT>
              <ENT> </ENT>
            </ROW>
            <ROW>
              <ENT I="01">342</ENT>
              <ENT>231,636 dozen.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">351</ENT>
              <ENT>349,669 dozen.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">447/448</ENT>
              <ENT>22,516 dozen.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">636</ENT>
              <ENT>422,522 dozen.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">651</ENT>
              <ENT>510,930 dozen.</ENT>
            </ROW>
            <TNOTE>
              <SU>1</SU> The limits have not been adjusted to account for any imports exported after December 31, 2000.</TNOTE>
            <PRTPAGE P="46266"/>
            <TNOTE>
              <SU>2</SU> Category 359-C: only HTS numbers 6103.42.2025, 6103.49.8034, 6104.62.1020, 6104.69.8010, 6114.20.0048, 6114.20.0052, 6203.42.2010, 6203.42.2090, 6204.62.2010, 6211.32.0010, 6211.32.0025 and 6211.42.0010; Category 659-C: only HTS numbers 6103.23.0055, 6103.43.2020, 6103.43.2025, 6103.49.2000, 6103.49.8038, 6104.63.1020, 6104.63.1030, 6104.69.1000, 6104.69.8014, 6114.30.3044, 6114.30.3054, 6203.43.2010, 6203.43.2090, 6203.49.1010, 6203.49.1090, 6204.63.1510, 6204.69.1010, 6210.10.9010, 6211.33.0010, 6211.33.0017 and 6211.43.0010.</TNOTE>
            <TNOTE>
              <SU>3</SU> Category 359-H: only HTS numbers 6505.90.1540 and 6505.90.2060; Category 659-H: only HTS numbers 6502.00.9030, 6504.00.9015, 6504.00.9060, 6505.90.5090, 6505.90.6090, 6505.90.7090 and 6505.90.8090.</TNOTE>
            <TNOTE>
              <SU>4</SU> Category 359-O: all HTS numbers except 6103.42.2025, 6103.49.8034, 6104.62.1020, 6104.69.8010, 6114.20.0048, 6114.20.0052, 6203.42.2010, 6203.42.2090, 6204.62.2010, 6211.32.0010, 6211.32.0025 and 6211.42.0010 (Category 359-C); 6505.90.1540 and 6505.90.2060 (Category 359-H).</TNOTE>
            <TNOTE>
              <SU>5</SU> Category 659-S: only HTS numbers 6112.31.0010, 6112.31.0020, 6112.41.0010, 6112.41.0020, 6112.41.0030, 6112.41.0040, 6211.11.1010, 6211.11.1020, 6211.12.1010 and 6211.12.1020.</TNOTE>
            <TNOTE>
              <SU>6</SU> Category 659-O: all HTS numbers except 6103.23.0055, 6103.43.2020, 6103.43.2025, 6103.49.2000, 6103.49.8038, 6104.63.1020, 6104.63.1030, 6104.69.1000, 6104.69.8014, 6114.30.3044, 6114.30.3054, 6203.43.2010, 6203.43.2090, 6203.49.1010, 6203.49.1090, 6204.63.1510, 6204.69.1010, 6210.10.9010, 6211.33.0010, 6211.33.0017 and 6211.43.0010 (Category 659-C); 6502.00.9030, 6504.00.9015, 6504.00.9060, 6505.90.5090, 6505.90.6090, 6505.90.7090, 6505.90.8090 (Category 659-H); 6112.31.0010, 6112.31.0020, 6112.41.0010,  6112.41.0020, 6112.41.0030, 6112.41.0040, 6211.11.1010, 6211.11.1020, 6211.12.1010 and 6211.12.1020 (Category 659-S).</TNOTE>
          </GPOTABLE>
          <P>The Committee for the Implementation of Textile Agreements has determined that these actions fall within the foreign affairs  exception of the rulemaking provisions of 5 U.S.C. 553(a)(1).</P>
          <P>Sincerely,</P>
          <FP>J. Hayden Boyd,</FP>
          <FP>Acting Chairman, Committee for the Implementation of Textile Agreements.</FP>
        </EXTRACT>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22120 Filed 8-31-01; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-DR-S</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF DEFENSE</AGENCY>
        <SUBAGY>Department of the Army</SUBAGY>
        <SUBJECT>Privacy Act of 1974; System of Records</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Department of the Army, DoD.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice to amend systems of records. </P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Department of the Army is amending a system of records notice in its existing inventory of records systems subject to the Privacy Act of 1974, as amended.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>This proposed action will be effective without further notice on October 4, 2001, unless comments are received which result in a contrary determination.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Records Management Division, U.S. Army Records Management and Declassification Agency, ATTN: TAPC-PDD-RP, Stop 5603, 6000 6th Street, Ft. Belvoir, VA 22060-5603.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Ms. Janice Thornton at (703) 806-4390 or DSN 656-4390 or Ms. Christie King at (703) 806-3711 or ESN 656-3711.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>The Department of the Army systems of records notices subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended, have been published in the <E T="04">Federal Register</E> and are available from the address above.</P>
        <P>The specific changes to the records system being amended are set forth below followed by the notice, as amended, published in its entirety. The proposed amendments are not within the purview of subsection (r) of the Privacy Act of 1974, (5 U.S.C. 552), as amended, which requires the submission of a new or altered system report.</P>
        <SIG>
          <DATED>August 28, 2001.</DATED>
          <NAME>L.M. Bynum,</NAME>
          <TITLE>Alternate OSD Federal Register Liaison Officer, Department of Defense.</TITLE>
        </SIG>
        <PRIACT>
          <HD SOURCE="HD1">A0215 CFSC</HD>
          <HD SOURCE="HD2">System Name:</HD>
          <P>General Morale, Welfare, Recreation and Entertainment Records (May 18, 1998, 63 FR 27269).</P>
          <HD SOURCE="HD2">Changes:</HD>
          <STARS/>
          <HD SOURCE="HD2">Categories of records in the system:</HD>
          <P>Delete entry and replace with ‘Name, address, and other pertinent information of members, participants, patrons, and other authorized users. Other ancillary information such as travel vouchers, security check results and orders will be kept in the system. Bingo, pay-out control sheet indicating individual name, grade, Social Security Number, duty station, dates and amount of bingo winnings paid, and Internal Revenue Forms W2-G, Certain Gambling Winnings and 5754, Statement by Person(s) Receiving Gambling Winnings.’</P>
          <HD SOURCE="HD2">Authority for maintenance of the system:</HD>
          <P>Delete entry and replace with ‘10 U.S.C. 3013, Secretary of the Army; 26 U.S.C. 6041, Information at Source; Army Regulation 215-1, Morale Welfare, and Recreation Activities and Non-appropriated Fund Instrumentalities; DoD Instruction 1015.2 Military Morale, Welfare and Recreation (MWR) and E.O. 9397 (SSN).’</P>
          <STARS/>
          <HD SOURCE="HD2">Retrievability:</HD>
          <P>Delete entry and replace with ‘By name and Social Security Number.’</P>
          <STARS/>
          <HD SOURCE="HD1">A0215 CFSC</HD>
          <HD SOURCE="HD2">System Name:</HD>
          <P>General Morale, Welfare, Recreation and Entertainment Records.</P>
          <HD SOURCE="HD2">System Location:</HD>
          <P>Major Army commands, field operating agencies, installations and activities, Army-wide. Official mailing addresses are published as an appendix to the Army's compilation of systems of records notices.</P>
          <HD SOURCE="HD2">Categories of individuals covered by the system:</HD>
          <P>Military personnel, their families, other members of the military community, certain DoD civilian employees and their families overseas, certain military personnel of foreign nations and their families, personnel authorized to use Army-sponsored Morale, Welfare, Recreation (MWR) services, youth services, athletic and recreational services, Armed Forces Recreation Centers, Army recreation machines, and/or to participate in MWR-type activities, to include bingo games; professional entertainment groups recognized by the Armed Forces Entertainment; Army athletic team members; ticket holders of athletic events; units of national youth groups such as Boy Scouts, Girl Scouts, and 4-H Clubs.</P>
          <HD SOURCE="HD2">Categories of records in the system:</HD>
          <P>Name, address, and other pertinent information of members, participants, patrons, and other authorized users. Other ancillary information such as travel vouchers, security check results and orders will be kept in the system. Bingo, pay-out control sheet indicating individual name, grade, Social Security Number, duty station, dates and amount of bingo winnings paid, and Internal Revenue Forms W2-G and 5754, (Gambling Winnings and Statement by Person(s) Receiving Gambling Winnings, respectively).</P>
          <HD SOURCE="HD2">Authority for maintenance of the system:</HD>

          <P>10 U.S.C. 3013, Secretary of the Army; 26 U.S.C. 6041, Information at Source; Army Regulation 215-1, Morale Welfare, and Recreation Activities and <PRTPAGE P="46267"/>Non-appropriated Fund Instrumentalities; DoD Instruction 1015.2, Military Morale, Welfare and Recreation (MWR); and E.O. 9397 (SSN).</P>
          <HD SOURCE="HD2">Purpose(s): </HD>
          <P>To administer programs devoted to the mental and physical well-being of Army personnel and other authorized users; to document the approval and conduct of specific contests, shows, entertainment programs, sports activities/competitions, and other MWR-type activities and events sponsored or sanctioned by the Army. </P>
          <P>Information will be used to market and promote similar MWR type activities conducted by other DoD organizations. </P>
          <P>To provide a means of paying, recording, accounting reporting, and controlling expenditures and merchandise inventories associated with bingo games. </P>
          <HD SOURCE="HD2">Routine uses of records maintained in system, including categories of users and the purposes of such uses: </HD>
          <P>In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552(b)(3) as follows: </P>
          <P>To the Internal Revenue Service to report all monies and items of merchandise paid to  winners of games whose one-time winnings are $1,200 or more. </P>
          <P>The DOD ‘Blanket Routine Uses’ set forth at the beginning of the Army's compilation of systems of records notices also apply to this system: </P>
          <HD SOURCE="HD2">Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system:</HD>
          <HD SOURCE="HD2">Storage: </HD>
          <P>Paper records in file folders, cards, magnetic tapes, discs, computer printouts, and electronic storage media. </P>
          <HD SOURCE="HD2">Retrievability: </HD>
          <P>By name and Social Security Number. </P>
          <HD SOURCE="HD2">Safeguards: </HD>
          <P>Records are kept in buildings secured during non-duty hours and accessed by only designated persons  having official need therefor. </P>
          <HD SOURCE="HD2">Retention and Disposal: </HD>
          <P>Bingo records are maintained on-site for four years and then shipped to a Federal Records Center for storage for an additional three years. After seven years, records are destroyed. All other documents as destroyed after 2 years, unless required for current operation. </P>
          <HD SOURCE="HD2">System Manager(s) and Address: </HD>
          <P>Commander, U.S. Army Community and Family Support Center, 4700 King Street, Alexandria, VA 22302-4414. </P>
          <HD SOURCE="HD2">Notification Procedure: </HD>
          <P>Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Director of Community Activities at the installation or activity where assigned. </P>
          <P>Individuals must provide name, rank, Social Security Number, proof of identification, and any other pertinent information necessary. </P>
          <HD SOURCE="HD2">Record Access Procedures: </HD>
          <P>Individuals seeking access to information about themselves contained in this system should address written inquiries to the Director of Community Activities at the installation of activity where assigned.</P>
          <P>Individuals must provide name, rank, Social Security Number, proof of identification, and any other pertinent information necessary.</P>
          <HD SOURCE="HD2">Contesting record procedures:</HD>
          <P>The Army's rules for accessing records, and for contesting contents and appealing initial agency determinations are contained in Army Regulation 340-21; 32 CFR part 505; or may be obtained from the system manager. </P>
          <HD SOURCE="HD2">Record Source Categories: </HD>
          <P>From the individual or group receiving the service and bingo pay-out control sheets. </P>
          <HD SOURCE="HD2">Exemptions claimed for the system: </HD>
          <P>None. </P>
        </PRIACT>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22111 Filed 8-31-01; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 5001-08-M </BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF EDUCATION </AGENCY>
        <SUBJECT>Office of Elementary and Secondary Education; Intent to Repay to the State of Maine Department of Education Funds Recovered as a Result of a Final Audit Determination </SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Department of Education. </P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of intent to award grantback funds. </P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>Under section 459 of the General Education Provisions Act (GEPA) (20 U.S.C. 1234h), the Secretary of Education (Secretary) intends to repay to the State of Maine Department of Education (MDE), the State educational agency (SEA), an amount equal to 75 percent of the principal amount of funds returned to the U.S. Department of Education (Department) as the result of final audit determinations. The Department's recovery of funds followed an audit disallowance issued by the Office of Elementary and Secondary Education under Chapter 1 of Title I of the Elementary and Secondary Education Act (ESEA) for the period July 1, 1991 through June 30, 1992. The MDE returned $14,476 to the Department in settlement of the 1992 audit exception. This notice describes the MDE's plan for use of the repaid funds and the terms and conditions under which the Secretary intends to make those funds available. The notice invites comments on the proposed grantback. </P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>All comments must be received on or before October 4, 2001. </P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>All written comments should be addressed to Dr. Joseph F. Johnson, Jr., Director, Compensatory Education Programs, Office of Elementary and Secondary Education, U.S. Department of Education, 400 Maryland Avenue, SW., FOB-6, Room 3W220, Washington, DC 20202-6132. </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>S. Colene Nelson, Compensatory Education Programs, Office of Elementary and Secondary Education, U.S. Department of Education, 400 Maryland Avenue, SW., FOB-6, Room 3E335, Washington, DC 20202-6132. Telephone: (202) 260-0979. Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339. Internet address: <E T="03">Colene.Nelson@ed.gov.</E>
          </P>
          <P>Individuals with disabilities may obtain this document in an alternate format (e.g. Braille, large print, audiotape, or computer disk) on request to the contact persons listed in the preceding paragraph. </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION </HD>
        <HD SOURCE="HD1">A. Background </HD>

        <P>The Department has recovered $14,476 from the MDE in settlement of a 1992 audit disallowance under Chapter 1 of Title I of the Elementary and Secondary Education Act (Chapter 1) (20 U.S.C. 2701 <E T="03">et seq.</E> (1988)). Under Chapter 1, funds were awarded, through SEAs, to local educational agencies to improve the achievement of educationally deprived children attending high-poverty schools. </P>

        <P>The auditors found that, during the year ending June 30, 1992, the salaries of two employees of the MDE's Division of Finance's grants management accounting staff were charged in full to the Chapter 1 program, but they did not spend their entire time on activities directly benefiting the Chapter 1 <PRTPAGE P="46268"/>program. The auditors noted that provisions in the Office of Management and Budget (OMB) Circular A-87, Attachment B, section 10(b), required the salaries and wages of employees chargeable to more than one grant program or other cost objective to be supported by appropriate time distribution records. This resulted in questioned costs of $29,484 to Chapter 1. The Department upheld the auditors' finding and required the MDE to repay the amount of $29,484. The MDE appealed the determination and that appeal resulted in an agreement among the parties dated March 27, 1998 that reduced the questioned costs to $14,476. The State of Maine has repaid this amount to the Department. </P>
        <HD SOURCE="HD1">B. Authority for Awarding a Grantback </HD>
        <P>Section 459(a) of GEPA (20 U.S.C. 1234h) provides that, whenever the Secretary has recovered program funds following a final audit determination, the Secretary may consider those funds to be additional funds available for the program and may arrange to repay to the SEA or LEA affected by that determination an amount not to exceed 75 percent of the recovered funds. The Secretary may enter into this grantback arrangement if the Secretary determines that— </P>
        <P>(1) The practices or procedures of the SEA or LEA that resulted in the audit determination have been corrected, and the SEA or LEA is, in all other respects, in compliance with the requirements of the applicable program; </P>
        <P>(2) The SEA has submitted to the Secretary a plan for the use of the funds to be awarded under the grantback arrangement that meets the requirements of the program, and, to the extent possible, benefits the population that was affected by the failure to comply or by the misexpenditures that resulted in the audit exception; and </P>
        <P>(3) Use of funds to be awarded under the grantback arrangement in accordance with the SEA's plan would serve to achieve the purposes of the program under which the funds were originally granted. </P>
        <HD SOURCE="HD1">C. Plan for Use of Funds Awarded Under a Grantback Arrangement </HD>
        <P>Pursuant to section 459(a)(2) of GEPA, the MDE has applied for a grantback of $10,857—75 percent of the principal amount recovered by the Department—and has submitted a plan for use of the grantback funds to meet the special educational needs of educationally deprived children in programs administered under Title I, Part A, of ESEA, the successor program to Chapter 1. </P>
        <P>According to the plan, the MDE will use the grantback funds under Title I to arrange for technical assistance in early literacy strategies to staff in schools designated as priority schools or schools identified as needing improvement. Specifically, the MDE will contract with the Gorham School Department for the purpose of providing a distinguished educator to provide the following services to identified schools in the State: (1) Presentations on best practices in literacy; (2) sessions to facilitate priority school staff as they develop plans for school reform in literacy; and (3) training sessions on topics related to parent involvement. In addition, the distinguished educator will conduct sessions to assist MDE staff in developing strategies to implement the Maine Learning Results. The $10,857 in grantback funds will be used to fund one-fifth of the distinguished educator's salary ($9,500) and travel expenses for site visits ($1,357). </P>
        <HD SOURCE="HD1">D. The Secretary's Determination </HD>
        <P>The Secretary has carefully reviewed the plan submitted by the MDE. Based upon that review, the Secretary has determined that the conditions under section 459 of GEPA have been met. These determinations are based upon the best information available to the Secretary at the present time. If this information is not accurate or complete, the Secretary may take appropriate administrative action. In finding that the conditions of section 459 of GEPA have been met, the Secretary makes no determination concerning any pending audit recommendations or final audit determinations. </P>
        <HD SOURCE="HD1">E. Notice of the Secretary's Intent to Enter Into a Grantback Arrangement </HD>

        <P>Section 459(d) of GEPA requires that, at least 30 days before entering into an arrangement to award funds under a grantback, the Secretary must publish in the <E T="04">Federal Register</E> a notice of intent to do so, and the terms and conditions under which payment will be made. </P>
        <P>In accordance with section 459(d) of GEPA, notice is hereby given that the Secretary intends to make funds available to the MDE under a grantback arrangement. The grantback award would be in the amount of $10,857. </P>
        <HD SOURCE="HD1">F. Terms and Conditions Under Which Payments Under a Grantback Arrangement Would Be Made </HD>
        <P>The MDE agrees to comply with the following terms and conditions under which payment under a grantback arrangement would be made: </P>
        <P>(1) The funds awarded under the grantback must be spent in accordance with— </P>
        <P>(a) All applicable statutory and regulatory requirements; </P>
        <P>(b) The plan that the MDE submitted and any amendments to that plan that are approved in advance by the Secretary, and </P>
        <P>(c) The budget that was submitted with the plan and any amendments to the budget that are approved in advance by the Secretary. </P>
        <P>(2) All funds received under the grantback arrangement must be obligated by September 30, 2001, in accordance with section 459(c) of GEPA and the MDE's plan. </P>
        <P>(3) The MDE will, not later than December 31, 2001, submit a report to the Secretary that— </P>
        <P>(a) Indicates that the funds awarded under the grantback have been spent in accordance with the proposed plan and approved budget; and </P>
        <P>(b) Describes the results and effectiveness of the project for which the funds were spent. </P>
        <P>(4) Separate accounting records must be maintained documenting the expenditure of funds awarded under the grantback arrangement. </P>
        <HD SOURCE="HD1">Electronic Access to this Document </HD>

        <P>You may review this document, as well as other Department of Education documents published in the <E T="04">Federal Register</E>, in text or Portable Document Format (PDF) on the World Wide Web at the following site: <E T="03">http://www.ed.gov/legislation/FedRegister </E>
        </P>
        <P>To use the PDF you must first have the Adobe Acrobat Reader Program with Search, which is available free at the previous site. If you have any questions about using the PDF, call the U.S. Government Printing Office, toll free, at 1-888-293-6498; or in the Washington, DC area at (202) 512-1530. </P>
        <SIG>
          <FP>(Catalog of Federal Domestic Assistance Number 84.012, Educationally Deprived Children—State Administration). </FP>
          <DATED>Dated: August 29, 2001.</DATED>
          <NAME>Susan B. Neuman, </NAME>
          <TITLE>Assistant Secretary for Elementary and Secondary Education. </TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22189 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 4000-01-P </BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="46269"/>
        <AGENCY TYPE="N">DEPARTMENT OF ENERGY</AGENCY>
        <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
        <DEPDOC>[Docket No. CP01-427-000]</DEPDOC>
        <SUBJECT>Dominion Transmission, Inc.; Notice of Certificate Application</SUBJECT>
        <DATE>August 28, 2001.</DATE>

        <P>Take notice that on August 15, 2001, Dominion Transmission, Inc. (DTI), 445 West Main Street, Clarksburg, West Virginia 26301, filed an application for a certificate of public convenience and necessity pursuant to Section 7 of the Natural Gas Act, as amended, and the Federal Energy Regulatory Commission's (the Commission) Rules and Regulations thereunder. DTI requests a blanket certificate and authorization to plug and abandon certain storage wells in the following instances: (1) Highway, commercial or residential construction necessitates the abandonment of a storage well or wells; (2) the storage wells have proven virtually incapable of functioning as injection/withdrawal wells to any appreciable extent; or (3) it is economically advisable to plug and abandon the storage well/wells versus reconditioning. This filing may be viewed on the web at <E T="03">http://www.ferc.gov</E> using the “RIMS” link, select “Docket#” and follow the instructions (call 202-208-2222 for assistance).</P>
        <P>DTI represents that it will not use the blanket authorization on a storage well that will result in a reduction of service of a storage reservoir, unless needed to protect life and property. In all cases, the abandonment of the storage well will only involve the removal of minor surface facilities, appropriate erosion control, and site restoration, with all work confined to the original well pad.</P>
        <P>Questions regarding this filing should be directed to Sean R. Sleigh, Certificate Manager, Dominion Transmission, Inc., 445 West Main Street, Clarksburg, West Virginia 26301, call 304-627-3462, fax 304-627-3305.</P>
        <P>There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before September 18, 2001, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding.</P>
        <P>However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest.</P>
        <P>Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenters will not be required to serve copies of filed documents on all other parties. However, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order.</P>
        <P>The Commission may issue a preliminary determination on non-environmental issues prior to the completion of its review of the environmental aspects of the project. This preliminary determination typically considers such issues as the need for the project and its economic effect on existing customers of the applicant, on other pipelines in the area, and on landowners and communities. For example, the Commission considers the extent to which the applicant may need to exercise eminent domain to obtain rights-of-way for the proposed project and balances that against the non-environmental benefits to be provided by the project. Therefore, if a person has comments on community and landowner impacts from this proposal, it is important either to file comments or to intervene as early in the process as possible.</P>
        <P>Take further notice that pursuant to the authority contained in and subject to the jurisdiction conferred upon the Commission by Sections 7 and 15 of the Natural Gas Act and the Commission's Rules of Practice and Procedure, a hearing will be held without further notice before the Commission or its designee on this Application if no petition to intervene is filed within the time required herein, if the Commission on its own review of the matter finds that a grant of the certificate is required by the public convenience and necessity. If a petition for leave to intervene is timely filed, or if the Commission, on its own motion believes that a formal hearing is required, further notice of such hearing will be duly given. Under the procedure herein provided for, unless otherwise advised, it will be unnecessary for Applicant to appear or be represented at the hearing.</P>
        <P>Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's web site under the “e-Filing” link.</P>
        <SIG>
          <NAME>David P. Boergers,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 01-22095 Filed 8-31-01; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6717-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF ENERGY </AGENCY>
        <SUBAGY>Federal Energy Regulatory Commission </SUBAGY>
        <DEPDOC>[Project No. 184-065] </DEPDOC>
        <SUBJECT>El Dorado Irrigation District California; Notice of Public Meeting </SUBJECT>
        <DATE>August 28, 2001. </DATE>
        <P>The Federal Energy Regulatory Commission (Commission) is reviewing the application for a new license for the El Dorado Project (FERC No. 184), which was filed on February 22, 2000. The El Dorado Project, licensed to the El Dorado Irrigation District (EID), is located on the South Fork American River, in El Dorado, Alpine, and Amador Counties, California. The project occupies lands of the Eldorado National Forest. </P>

        <P>The EID, several state and federal agencies, and several non-governmental agencies have agreed to ask the Commission for time to work collaboratively with a facilitator to <PRTPAGE P="46270"/>resolve certain issues relevant to this proceeding. The purpose of this two-day meeting is to finalize the request to the Commission for time to conduct collaborative discussions and to develop protocols by which the collaborative group would operate. We invite the participation of all interested governmental agencies, non-governmental organizations, and the general public in this meeting. </P>
        <P>The meeting will be held on Monday, September 10 and Tuesday, September 11, 2001, from 9 am until 4 pm in the Marriott Sacramento, located at 11211 Point East Drive, Rancho Cordova, California. </P>
        <P>For further information, please contact Elizabeth Molloy at (202) 208-0771 or John Mudre at (202) 219-1208. </P>
        <SIG>
          <NAME>David P. Boergers,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 01-22098 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 6717-01-P </BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
        <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
        <DEPDOC>[Docket No. CP93-253-004]</DEPDOC>
        <SUBJECT>El Paso Natural Gas Company; Notice of Application</SUBJECT>
        <DATE>August 28, 2001.</DATE>

        <P>Take notice that on August 17, 2001, El Paso Natural Gas Company (El Paso) filed in Docket No. CP93-253-004 an application, pursuant to Section 3 of the Natural Gas Act (NGA), Sections 153, <E T="03">et seq.</E>, of the Commission's Regulations, to amend its Section 3 authorization and the Presidential Permit solely with respect to an increase in the maximum daily export capacity, all as more fully described below. This filing may be viewed on the web at <E T="03">http://www.ferc.gov</E> using the “RIMS” link, select “Docket #” and follow the instructions (call (202) 208-2222 for assistance).</P>

        <P>Specifically, El Paso is requesting an amendment to its existing Section 3 authorization and Presidential Permit granted by orders issued November 29, 1993, and June 11, 1997 in Docket Nos. CP93-253-000, <E T="03">et al.,</E> solely to increase the maximum daily export capacity from 208,000 Mcf/d to 308,000 Mcf/d on the Samalayuca Lateral pipeline. Therefore, this application to amend does not affect any other aspect of the Samalayuca Lateral Expansion Project, as filed and approved. El Paso states that subsequent to the commencement of transportation service on the Samalayuca Lateral, various parties in Mexico have expressed interest in the transportation by El Paso of additional volumes of natural gas, utilizing the Samalayuca Lateral facilities and the delivery of such volumes to the International Boundary.</P>
        <P>El Paso anticipates that the Comision Federal de Electricidad (CFE) will require an additional 60,000 Mcf/d of natural gas for its new Chihuahua II power plant to be located near Chihuahua, Mexico in the city of El Encino scheduled for commercial operation in October 2001. CFE has advised El Paso that another 40,000 Mcf/d of natural gas will be required for fuel at a new turbine generator to be installed at the El Encino site by February 2002. Furthermore, El Paso understands that CFE has issued a Request for Proposal for the new Chihuahua III power plant to be located near the city of Juarez at the original Samalayuca plant site, which will require an additional 50,000 Mcf/d of transportation capacity by May 2003.</P>
        <P>El Paso proposes to provide the necessary transportation and delivery service for these additional volumes by operating the existing 24″ O.D. Samalayuca Lateral pipeline at a higher pressure; the installation of one additional meter run at the existing meter station located in the plant yard of the Hueco Compressor Station; and the installation of additional piping within the plant yard of the Hueco Compressor Station that would permit El Paso to receive gas volumes into the Samalayuca Lateral from the discharge side of the Hueco Compressor Station. Transportation of gas to the Hueco Compressor Station would be accomplished through existing transportation contracts or through capacity obtained through the capacity release program. El Paso points out that it is not proposing to award any capacity on its mainline system pursuant to this amendment and the facilities will be installed under El Paso's part 157, Subpart F Blanket Certificate.</P>
        <P>Any questions regarding the application should be directed to Robert T. Tomlinson, Director, Regulatory Affairs Department, El Paso Natural Gas Company, Post Office Box 1087, Colorado Springs, Colorado 80944, or at (719) 520-3788.</P>
        <P>There are two to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before September 18, 2001, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene or a protest in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding.</P>
        <P>However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest.</P>
        <P>Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenters will not be required to serve copies of filed documents on all other parties. However, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order.</P>

        <P>The Commission may issue a preliminary determination on non-environmental issues prior to the completion of its review of the environmental aspects of the project. This preliminary determination typically considers such issues as the need for the project and its economic effect on existing customers of the applicant, on other pipelines in the area, and on landowners and communities. <PRTPAGE P="46271"/>For example, the Commission considers the extent to which the applicant may need to exercise eminent domain to obtain rights-of-way for the proposed project and balances that against the non-environmental benefits to be provided by the project. Therefore, if a person has comments on community and landowner impacts from this proposal, it is important either to file comments or to intervene as early in the process as possible.</P>
        <P>Interventions, comments, and protests may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's web site under the “e-Filing” link.</P>
        <P>If the Commission decides to set the application for a formal hearing before an Administrative Law Judge, the Commission will issue another notice describing that process. At the end of the Commission's review process, a final Commission order approving or denying a certificate will be issued.</P>
        <SIG>
          <NAME>David P. Boergers,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 01-22094 Filed 8-31-01; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6717-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF ENERGY </AGENCY>
        <SUBAGY>Federal Energy Regulatory Commission </SUBAGY>
        <DEPDOC>[Docket No. CP01-431-000]</DEPDOC>
        <SUBJECT>Great Lakes Gas Transport, LLC; Notice of Abandonment Application</SUBJECT>
        <DATE>August 28, 2001.</DATE>

        <P>On August 22, 2001, Great Lakes Gas Transport, LLC (GLGT), P.O. Box 550, Hartville, Ohio 44632, filed an application in Docket No. CP01-431-000 pursuant to Sections 1(b), 1(c) and 7(b) of the Natural Gas Act (NGA) for an order permitting and approving GLGT to abandon facilities and services by sale to Dominion Transmission, Inc. (DTI), Dominion Field Services, Inc. (Field Services) and Hope Gas, Inc. dba Dominion Hope (Dominion Hope). GLGT further requests that the Commission determine that certain facilities to be sold by GLGT to Field Services will be gathering facilities and to Dominion Hope will be distribution facilities and that both will be non-jurisdictional and not subject to the Commission's jurisdiction under the NGA, all as more fully set forth in the application which is on file with the Commission and open to public inspection. This filing may be viewed on the web at <E T="03">http://www.ferc.gov</E> using the “RIMS” link, select “Docket #” from the RIMS Menu and follow the instructions (please call (202)208-2222 for assistance). </P>
        <P>Specifically, GLGT requests authorization to abandon by sale and to transfer all of its facilities to DTI, Field Services and Dominion Hope, including without limitation, authority to abandon all Points of Delivery which are served from the certificated and non-certificated facilities. The facilities and properties to be transferred are described in the June 11, 2001 Asset Purchase Agreement (Agreement), which is attached to the Application as Exhibit R. The Agreement provides for GLGT to convey all of its facilities, both jurisdictional and nonjurisdictional, to the purchasers for a total purchase price of $3,250,000. Consistent with the division of assets described herein, the purchase price will be allocated among the Dominion companies. </P>
        <P>GLGT states that upon the sale and transfer of GLGT's facilities, GLGT will cease doing business and will no longer be a pipeline subject to the Commission's jurisdiction. GLGT requests authorization to abandon its existing FERC Gas Tariff and services, and to abandon and transfer all of its jurisdictional facilities to DTI, Field Services, and Dominion Hope. GLGT states it will convey its facilities that serve primarily a gathering function (including all of its facilities currently classified as gathering and certain facilities currently classified as jurisdictional transportation) to Field Services, a non-jurisdictional provider of gathering services. GLGT will convey the portion of its facilities that will continue to perform an interstate transportation function to DTI, an interstate pipeline regulated by this Commission. Finally, GLGT will convey its remaining facilities to Dominion Hope, a West Virginia local distribution company (LDC), for use as distribution facilities. </P>
        <P>GLGT states that Field Services and DTI will take assignment of, and honor, all of GLGT's existing gas purchase and transportation contracts. The contracts to be assigned consist of a host of gas purchase contracts currently held by FirstEnergy Services, Corp. (an affiliate of GLGT) and three transportation agreements. The gas purchase contracts will be assigned to Field Services and the transportation agreements to DTI. Therefore, GLGT's existing customers will not be faced with any reduction or loss of service. </P>
        <P>GLGT states that DTI will acquire the facilities that will continue to perform an interstate transportation function under its blanket authorization. Thus, these facilities will remain subject to this Commission's jurisdiction. GLGT requests a determination that, subsequent to the transfer described herein, all the other facilities will perform non-jurisdictional gathering and distribution functions that will not be subject to the Commission's jurisdiction. Thus, the proposed operation of these facilities by Field Services and Dominion Hope will not subject either of them to the Commission's jurisdiction as a regulated natural gas company or cause the rates and services provided through the facilities to become subject to the Commission's jurisdiction. GLGT states that Field Services and Dominion Hope will offer service on an open-access basis and with no undue discrimination in favor of their affiliates, and will be subject to the jurisdiction of State regulatory commissions. </P>
        <P>Any questions regarding this application should be directed to Jeffery A. Bynum, Senior Vice President, Great Lakes Gas Transport, L.L.C. P.O. Box 550, Hartville, Ohio 44632, at (330) 877-6747. </P>
        <P>There are two ways to become involved in the Commission's review of this abandonment. First, any person wishing to obtain legal status by becoming a party to the proceedings for this abandonment should, on or before September 7, 2001, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. </P>

        <P>However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this abandonment. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the <PRTPAGE P="46272"/>abandonment provide copies of their protests only to the party or parties directly involved in the protest. </P>
        <P>Persons who wish to comment only on the environmental review of this abandonment should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenters will not be required to serve copies of filed documents on all other parties. However, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order. </P>
        <P>Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's web site under the “e-Filing” link. </P>
        <P>If the Commission decides to set the application for a formal hearing before an Administrative Law Judge, the Commission will issue another notice describing that process. At the end of the Commission's review process, a final Commission order approving or denying abandonment will be issued. </P>
        <SIG>
          <NAME>David P. Boergers,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 01-22096 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 6717-01-P </BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF ENERGY </AGENCY>
        <SUBAGY>Federal Energy Regulatory Commission </SUBAGY>
        <DEPDOC>[Docket No. EL01-109-000]</DEPDOC>
        <SUBJECT>Midwest Generation, LLC  v. Commonwealth Edison Company; Notice of Amendment to Complaint Filing </SUBJECT>
        <DATE>August 28, 2001.</DATE>
        <P>Take notice that on August 24, 2001, Midwest Generation, LLC (Midwest) supplemented its complaint in this proceeding with Exhibits 3 through 14, the December 15, 1999 memoranda of understanding between Midwest and Commonwealth Edison Company. Midwest requests privileged treatment of the documents pursuant to Section 388.112 of the Commission's regulations. 18 CFR 388.112(2001) </P>

        <P>Any person desiring to be heard or to protest this filing should file a motion to intervene or protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). All such motions or protests must be filed on or before September 10, 2001. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a motion to intervene. Answers to the amendment to the complaint shall also be due on or before September 10, 2001. Copies of this filing are on file with the Commission and are available for public inspection. This filing may also be viewed on the web at <E T="03">http://www.ferc.gov</E> using the “RIMS” link, select “Docket #” and follow the instructions (call 202-208-2222 for assistance). Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's web site under the “e-Filing” link. </P>
        <SIG>
          <NAME>David P. Boergers,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 01-22097 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 6717-01-P </BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF ENERGY </AGENCY>
        <SUBAGY>Federal Energy Regulatory Commission </SUBAGY>
        <DEPDOC>[Docket No. ER01-2904-000, <E T="0714">et al.</E>] </DEPDOC>
        <SUBJECT>Pacific Gas and Electric Company, <E T="0714">et al.</E>; Electric Rate and Corporate Regulation Filings </SUBJECT>
        <DATE>August 28, 2001.</DATE>
        <P>Take notice that the following filings have been made with the Commission: </P>
        <HD SOURCE="HD1">1. Pacific Gas and Electric Company</HD>
        <DEPDOC>[Docket No. ER01-2904-000]</DEPDOC>
        <P>Take notice that on August 23, 2001, Pacific Gas and Electric Company (PG&amp;E) tendered for filing two agreements entitled Wholesale Distribution Tariff Service Agreement (Service Agreement) and Agreement for Parallel Operation—Nonutility-Owned Generation (PO”) with Los Alamos Energy, LLC (Los Alamos), submitted pursuant to the PG&amp;E Wholesale Distribution Tariff (WDT). </P>
        <P>The Service Agreement permits PG&amp;E to recover the ongoing costs associated with owning, operating and maintaining the Special Facilities. As detailed in the Service Agreement, PG&amp;E proposes to charge Los Alamos a monthly Cost of Ownership Charge equal to the rates for distribution-level, customer-financed and distribution-level, utility-financed facilities in PG&amp;E's currently effective Electric Rule 2, as filed with the California Public Utilities Commission (CPUC). PG&amp;E's currently effective rates of 0.46% and 1.33%, respectively, for distribution-level, customer-financed and distribution-level, utility-financed Special Facilities are contained in the CPUC's Advice Letter 1960-G/1587-E, effective August 5, 1996, a copy of which is included as Attachment 2 of this filing. </P>
        <P>Copies of this filing have been served upon Los Alamos, the California Independent System Operator Corporation and the California Public Utilities Commission. </P>
        <P>
          <E T="03">Comment date:</E> September 13, 2001, in accordance with Standard Paragraph E at the end of this notice. </P>
        <HD SOURCE="HD1">2 Black Hills Corporation, d/b/a Black Hills Power, Inc.</HD>
        <DEPDOC>[Docket No. ER01-2913-000]</DEPDOC>
        <P>Take notice that on August 23, 2001, Black Hills Corporation, d/b/a Black Hills Power, Inc., tendered for filing an executed Service Agreement for Non-Firm Point-to-Point Transmission Service with Cargill. </P>
        <P>Black Hills Power, Inc. has requested that the executed Service Agreement become effective August 6, 2001. </P>
        <P>Copies of the filing were provided to Cargill and to the regulatory commissions for the states of Montana, South Dakota and Wyoming. </P>
        <P>
          <E T="03">Commendate:</E> September 13, 2001, in accordance with Standard Paragraph E at the end of this notice. </P>
        <HD SOURCE="HD1">3. Carolina Power &amp; Light Company</HD>
        <DEPDOC>[Docket No. ER01-2914-000]</DEPDOC>
        <P>Take notice that on August 23, 2001, Carolina Power &amp; Light Company (CP&amp;L) tendered for filing Service Agreements for Short-Term Firm and Non-Firm Point-to-Point Transmission Service with Duke Energy Trading and Marketing, L.L.C. Service to this Eligible Customer will be in accordance with the terms and conditions of the Open Access Transmission Tariff filed on behalf of CP&amp;L. </P>
        <P>CP&amp;L is requesting an effective date of August 7, 2001 for the Service Agreements. </P>

        <P>Copies of the filing were served upon the North Carolina Utilities Commission <PRTPAGE P="46273"/>and the South Carolina Public Service Commission. </P>
        <P>
          <E T="03">Comment date:</E> September 13, 2001, in accordance with Standard Paragraph E at the end of this notice. </P>
        <HD SOURCE="HD1">4. Florida Power Corporation</HD>
        <DEPDOC>[Docket No. ER01-2915-000]</DEPDOC>
        <P>Take notice that on August 23, 2001, Florida Power Corporation (FPC) filed a Service Agreement with Entergy-Koch Trading, LP under FPC's Short-Form Market-Based Wholesale Power Sales Tariff (SM-1), FERC Electric Tariff No. 10. </P>
        <P>FPC is requesting an effective date of August 3, 2001 for this Agreement. </P>
        <P>A copy of this filing was served upon the Florida Public Service Commission. </P>
        <P>
          <E T="03">Comment date:</E> September 13, 2001, in accordance with Standard Paragraph E at the end of this notice. </P>
        <HD SOURCE="HD1">5. American Electric Power Service Corporation</HD>
        <DEPDOC>[Docket No. ER01-2916-000]</DEPDOC>
        <P>Take notice that on August 23, 2001, American Electric Power Service Corporation (AEPSC) tendered for filing a Service Agreement for ERCOT Regional Transmission Service between AEPSC and Magic Valley Electric Cooperative Inc. (MVEC) dated July 24, 2001 and an Interconnection Agreement between Central Power and Light Company (CPL) and MEVC dated July 24, 2001. </P>
        <P>AEPSC seeks an effective date of July 24, 2001 for both of these agreements which coincides with the termination date of these parties' Agreement for the Supply of Wholesale Electric Power Service to Municipalities and Rural Electric Cooperatives. </P>
        <P>AEPSC served copies of the filing on Magic Valley Electric Cooperative, Inc. and the Public Utility Commission of Texas. </P>
        <P>
          <E T="03">Comment date:</E> September 13, 2001, in accordance with Standard Paragraph E at the end of this notice. </P>
        <HD SOURCE="HD1">6. UtiliCorp United Inc.</HD>
        <DEPDOC>[Docket No. ER01-2917-000]</DEPDOC>
        <P>Take notice that on August 23, 2001, UtiliCorp United Inc. (UtiliCorp) tendered for filing, on behalf of its WestPlains Energy-Colorado division (WestPlains), service agreements for sales of energy and capacity to UtiliCorp from Cripple Creek &amp; Victor Gold Mining Company. </P>
        <P>Utilicorp requests that the Service Agreements be made effective June 8, 2001. </P>
        <P>
          <E T="03">Comment date:</E> September 13, 2001, in accordance with Standard Paragraph E at the end of this notice. </P>
        <HD SOURCE="HD1">7. Florida Power Corporation</HD>
        <DEPDOC>[Docket No. ER01-2918-000]</DEPDOC>
        <P>Take notice that on August 23, 2001, Florida Power Corporation (FPO) tendered for filing a revision to its Market-Based Wholesale Power Sales Tariff, FERC Electric Tariff, Original Volume No. 8 (Tariff). The revised Tariff includes provisions for affiliate sales, sales of ancillary services at market-based rates, and resales of transmission rights. </P>
        <P>FPC requests that the modification become effective August 24, 2001, the day after filing. </P>
        <P>Copies of the filing were served upon FPC's customers receiving service under the Tariff and the Florida Public Service Commission. </P>
        <P>
          <E T="03">Comment date:</E> September 13, 2001, in accordance with Standard Paragraph E at the end of this notice. </P>
        <HD SOURCE="HD1">8. Florida Power Corporation</HD>
        <DEPDOC>[Docket No. ER01-2919-000]</DEPDOC>

        <P>Take notice that on August 23, 2001, Florida Power Corporation (FPC) tendered for filing a revised Short-Form Market-Based Wholesale Power Sales Tariff, FERC Electric Tariff, Original Volume No. 10 (Short-Form Tariff). The Short-Form Tariff is revised to include the Detroit Edison protections for affiliate sales. See Detroit Edison Company <E T="03">et al</E>., 80 FERC 61,348 (1997). </P>
        <P>FPC requests that the revision become effective August 24, 2001. </P>
        <P>Copies of the filing were served upon FPC's customers receiving service under the Short-Form Tariff and the Florida Public Service Commission. </P>
        <P>
          <E T="03">Comment date:</E> September 13, 2001, in accordance with Standard Paragraph E at the end of this notice. </P>
        <HD SOURCE="HD1">Standard Paragraph</HD>

        <P>E. Any person desiring to be heard or to protest such filing should file a motion to intervene or protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). All such motions or protests should be filed on or before the comment date. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a motion to intervene. Copies of this filing are on file with the Commission and are available for public inspection. This filing may also be viewed on the web at <E T="03">http://www.ferc.gov</E> using the “RIMS” link, select “Docket#” and follow the instructions (call 202-208-2222 for assistance). Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's web site under the “e-Filing” link. </P>
        <SIG>
          <NAME>David P. Boergers,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 01-22093 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 6717-01-P </BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">ENVIRONMENTAL PROTECTION AGENCY </AGENCY>
        <DEPDOC>[FRL-7047-6] </DEPDOC>
        <SUBJECT>Community Based In-Home Asthma Environmental Education and Management </SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Environmental Protection Agency. </P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Request for grant proposals. </P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>Request for Proposals for Community Based In-Home Asthma Environmental Education and Management. This is an announcement of the availability of FY 2001 grant funds for the Environmental Protection Agency's (EPA) Indoor Environments Division/Office of Radiation and Indoor Air. Section 103(a)(1) of the Clean Air Act authorizes the Administrator to conduct and promote the coordination and acceleration of research, investigations, experiments, demonstrations, surveys and studies relating to the causes, effects (including health and welfare effects), extent, prevention, and control of air pollution by [(b)(3)] making grants to air pollution control agencies, to other public or nonprofit private agencies, institutions, and organizations, and to individuals, for purposes stated in 103(a)(1). The intended use of these funds is to support pilot studies of asthma education, including asthma management and indoor asthma trigger identification/mitigation, in existing community-based in-home environmental management or education programs. EPA is awarding these grants to support the recipients to conduct pilot studies of in-home asthma education and assess the effectiveness of their in-home approaches to educating children with asthma, their parents and/or primary care givers, and other people with asthma, including how to identify the indoor triggers to which the asthmatic(s) in the household may be sensitive, and how to mitigate them. EPA plans to award two grants of up to $150,000.00 each, to two qualified <PRTPAGE P="46274"/>organizations, however the final number of awards and award amounts may vary depending on proposal quality and resource availability. </P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Letter of Intent Deadline: Postmarked no later than September 18, 2001. Pre-application Assistance Conference Call date is: September 25, 2001, 12 noon until 2pm Eastern Daylight Time. Application Deadline: Postmarked no later than October 23, 2001. </P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Send Letter of Intent and Applications to the attention of John Guevin, Environmental Protection Agency, Ariel Rios Building (6609J), 1200 Pennsylvania Avenue, NW., Washington, DC 20460. </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>John Guevin (202) 564-9370. </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The focus for funding is to: (a) Reduce the impact of in-home environmental asthma triggers on children and adults with asthma; (b) strengthen the capacity of individual households to control in-home environmental asthma triggers; and (c) assess the effectiveness and sustainability of strategies for in-home environmental asthma trigger management and education within communities. </P>

        <P>Completed applications, including work plans and detailed budgets, are due to the Indoor Environments Division no later than October 23, 2001. If you intend to apply, you must send a letter of intent postmarked no later than September 18, 2001 to Attention: John Guevin, U.S. Environmental Protection Agency, Ariel Rios Building (6609J), 1200 Pennsylvania Avenue, NW., Washington, DC 20460, or an e-mail to <E T="03">guevin.john@epa.gov</E> by no later than 3 pm (EDT) on September 18, 2001, indicating the name of your organization, the name and phone number of a contact person in the organization, and if you would like to participate in the pre-award technical assistance conference call on September 25, 2001. </P>
        
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>The target population of focus is children with asthma and their parents and/or care-givers. Adults with asthma may be included in the in-home asthma education program; however, children with asthma should be given preference. Community-based in-home asthma environmental education and management program(s) may occur inside or outside the home through clinical visits or community forums.</P>
        </NOTE>
        <HD SOURCE="HD1">Eligibility Criteria </HD>
        <P>To be eligible for funding, an applicant must: </P>
        <P>(1) Meet the standards for eligibility as identified in Section 103 (b)(3) of the Clean Air Act (page 1, paragraph 1); </P>
        <P>(2) Demonstrate the ability to implement and track the results of an asthma education program which includes: in-home identification and assessment of potential indoor environmental asthma triggers for diagnosed asthmatics; and direct one-on-one education on asthma, asthma management, and mitigation of indoor environmental triggers in the home to which children and other household members with asthma may be sensitive; </P>
        <P>(3) Request no more than $150,000.00 to accomplish pilot project objectives. Demonstrate that the project goals and objectives can be achieved given the amount of the grant; </P>
        <P>(4) Properly complete and submit standard form SF-424 and a proposal no greater than nine pages (including supplemental biographical information) in length (in no smaller than 12 point type) by the established due date; </P>
        <P>(5) Commit to complete the proposed pilot project activities within 18-24 months of grant award. </P>
        <HD SOURCE="HD1">Ranking Criteria </HD>
        <P>Applications will be ranked on the basis of the criteria listed below. Ranking for each criterion is based on a scale of 1 (does not meet the requirement) to 5 (exceeds the requirement). </P>
        <P>(1) Applicant is currently performing community-based environmental health or public health education and demonstrates that it is achieving public health outcomes and results. (1-5 points) </P>

        <P>(2) Applicant demonstrates the ability to implement an asthma education program (face-to-face instruction which can occur inside or outside the home, <E T="03">e.g.</E>, in a clinic or other community setting) which integrates indoor environmental trigger identification and mitigation approaches in the home into a comprehensive asthma management education program (<E T="03">i.e.</E>, medical management and the socio-economics of the target population are addressed). (1-5 points) </P>

        <P>(3) Applicant proposal has goals and objectives which are clearly stated and will reduce the incidence and severity of asthma episodes in the target population, and create behavioral changes in the home as a result of its educational outreach activities. The grant budget is appropriate to accomplish the scope of the work (<E T="03">i.e.</E>, number of children with asthma, their parents and/or care-givers that will be reached). (1-5 points) </P>
        <P>(4) Applicant proposed work targets low-income, urban and/or disproportionately impacted (with respect to asthma severity or incidence) populations, with an emphasis on children. (1-5 points) </P>
        <P>(5) Applicant demonstrates the effectiveness of education strategies to varied populations and geographic locations in the United States, and contributes to an improved understanding of how to conduct asthma education programs that address asthma triggers in homes. Education materials and assessment tools selected for the pilot project reflect current standards for conducting environmental health or public health education and outreach activities, particularly with respect to motivating behavioral changes in low-literacy, low-income, and disproportionately impacted populations. (1-5 points) </P>

        <P>(6) Applicant outlines educational materials and mitigation methods for environmental (secondhand) tobacco smoke, house dust mites, cockroaches, molds, and animal dander which are compatible with the guidance contained in EPA's asthma brochure, “Clear Your Home Of Asthma Triggers: Your Children Will Breathe Easier” (http://www.epa.gov/iaq/pubs/asthma.html) and the findings and recommendations contained in the January, 2000 National Academy of Sciences report on asthma, “Clearing the Air: Asthma and Indoor Air Exposures” (<E T="03">http://books.nap.edu/catalog/9610.html</E>). (1-5 points)</P>
        <P>(7) Applicant staff have the knowledge and experience to successfully perform the proposed work. (1-5 points) </P>
        <P>(8) Applicant describes methods that will be used to ensure sustained participant involvement throughout the life of the project. Applicant adequately describes mechanisms for obtaining feedback about program effectiveness from participants after the in-home education assessment visits. (1-5 points) </P>

        <P>(9) Applicant describes a clear in-home asthma education and assessment of asthma triggers evaluation component, <E T="03">e.g.</E>, on-site, in-home visits or patient/family self-reporting, which is practical, reasonable, and sound. Assessment methods address established indoor environmental triggers of asthma including: environmental (secondhand) tobacco smoke, house dust mites, cockroaches, molds, and animal dander. Whichever assessment method is used, applicant must, at a minimum, report the number of homes visited, the number of children and adults with asthma educated, the number of homes in <PRTPAGE P="46275"/>which indoor environmental triggers have been identified, and the number of households in which mitigation actions have been taken. Applicant agrees to provide quarterly performance reports to EPA which shall include, at a minimum, information about the above. (1-5 points) </P>
        <P>(10) Applicant addresses the potential beyond the life of the EPA grant and the ability of this project to be replicated in other areas and with other populations. (1-5 points) </P>
        <HD SOURCE="HD1">Application Process </HD>
        <P>Applicants must complete standard form 424 (<E T="03">http://www.epa.gov/ogd/how_to_apply.htm</E>) and submit a work plan no greater than nine pages in length, including any supplementary biographical information (in 12 point type). The work plan must include: (1) A aummary of specific objectives, expected outcomes, and deliverables; and (2) a discussion of the budget and how the budget relates to the objectives, outcomes, and deliverables in the work plan. The project work plan submitted with the completed application SF-424 should conform to the following outline: </P>
        <P>(1) Title. </P>
        <P>(2) Description of the applicant organization, experience in community-based environmental or public health education (especially with children and adults with asthma), results of existing in-home education efforts and/or existing indoor air quality/asthma activities, and the organization's infrastructure as it relates to its ability to do in-home asthma assessments and/or education programs. </P>
        <P>(3) Project purpose. </P>
        <P>(4) Description of basic structure of the in-home asthma education and assessment pilot project proposed, how many families will be reached, curricula and assessment tools to be used, and resource lists including references. Describe why the curricula and protocols were selected or created; what other materials you may have considered (including reasons for not selecting them); and, if possible, a discussion of how the asthma education approaches you wish to demonstrate compare or contrast to other known approaches. </P>
        <P>(5) Project Period—beginning and ending dates. Budget. Indicate funds used for salaries, materials, equipment, contracted activities, travel, overhead, and other pertinent information. </P>
        <P>(6) Description of target audiences, community, and any special asthma-related demographics of areas targeted for this work. </P>
        <P>(7) Description of staffing and funding resources needed to implement proposed work plans, including number of staff and qualifications. </P>
        <P>(8) Description of mechanisms for question resolution and follow-up with asthmatics and their families and/or primary care givers following in-home visit(s). Reasons for selecting or creating these mechanisms and, if possible, a discussion of how the selected mechanisms compare to other available mechanisms. </P>
        <P>(9) Description of any types of follow-up materials or training that may be given to the households such as community resource lists, household repair and maintenance training, lessons on how to obtain services in the community, etc. </P>

        <P>(10) Definition of success for the project and how success will be measured. Describe mechanisms for tracking program outputs (<E T="03">e.g.</E>, how many households were educated, how many homes were assessed, in how many homes actions were taken), and evaluating program outcomes (<E T="03">i.e.</E>, the effectiveness of the education and mitigation methods, the level of increased awareness). </P>

        <P>(11) Description of experience implementing evaluation and tracking procedures and managing grants (<E T="03">e.g.</E>, submitting reports, budgets, etc.). </P>
        <P>(12) Schedule—indicate tasks, quarterly report submission and final report submission dates. </P>
        <P>(13) Identification of other localities, regions, or states that might benefit from the lessons you expect to learn as a result of your pilot project. </P>
        <P>If you would like to apply for assistance under the Community Based In-Home Asthma Environmental Education and Management program, application materials are available at the web addresses listed below or by calling EPA's Indoor Environments Division at (202) 564-9370. The application kit contains the following information: </P>
        
        <FP SOURCE="FP-1">—Application for Federal Assistance </FP>
        <FP SOURCE="FP-1">—Instructions for completing the application </FP>
        <FP SOURCE="FP-1">—Assurances/certifications </FP>
        
        <P>An original application and two copies must be received at the following address no later than close of business on Tuesday, October 23, 2001: </P>
        <P>
          <E T="03">Mailing Address:</E>Attn: John Guevin, In-Home Education Program, U.S. Environmental Protection Agency, Ariel Rios Building (6609J), 1200 Pennsylvania Avenue, NW., Washington, DC 20460. </P>
        <P>
          <E T="03">Courier Address:</E>Attn: John Guevin, U.S. Environmental Protection Agency, In-Home Education Program (6th floor), 501 3rd Street, NW., Washington, DC 20001. </P>
        <P>A pre-application assistance conference call has been scheduled for Tuesday, September 25, 2001 from 12 noon until 2 p.m. Eastern Daylight Time to help prospective applicants. All applicants must submit a letter of intent by September 18, 2001. Those indicating a desire to participate in the pre-award assistance conference call will be mailed instructions for participating in the conference call. </P>

        <P>In addition, prospective applicants may obtain a copy of the <E T="03">Code of Federal Regulations</E> (CFR) Title 40, Part 30 (and for State and local agencies, also see Part 31). This portion of the CFR includes regulations applicable to your assistance agreement. Copies of the CFR are available at your local U.S. Government Bookstore, the U.S. Government Printing Office or on the internet at <E T="03">http://www.epa.gov/ogd/how_to_apply.htm.</E> Once at this site, select “Administrative Regulations and Policies/Subchapter B-Grants and Other Federal Assistance” and select Part 30 or Part 31. </P>
        <P>Selected projects will be announced on or around December 30, 2001. If you have any questions regarding this grant notice, please contact John Guevin (202) 564-9370. </P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>42 U.S.C. 7401-7626; Pub. L. 159, 69 Stat. 322 </P>
        </AUTH>
        <HD SOURCE="HD1">Answers to Questions You May Have</HD>
        <P>
          <E T="03">Question 1:</E> The RFP states that grant awards will be for no more than $150,000. Is this per year for multiple years, or a one time grant? </P>
        <P>
          <E T="03">Answer:</E> This is a one time grant of up to $150,000.00.</P>
        <P>
          <E T="03">Question 2:</E> How many awards are anticipated and to how many organizations? </P>
        <P>
          <E T="03">Answer:</E> We anticipate awarding a total of two grants, i.e., one grant to each of two qualified organizations. </P>
        <P>
          <E T="03">Question 3:</E> If my organization has indirect costs, are they to be included within the $150,000? </P>
        <P>
          <E T="03">Answer:</E> Yes, all indirect costs are included within the $150,000. </P>
        <P>
          <E T="03">Question 4:</E> What is an indirect cost, and what if we don't have an indirect cost rate established? </P>
        <P>
          <E T="03">Answer:</E> Indirect costs are explained in the grant application forms, SF-424, found at this website (<E T="03">www.epa.gov/iaq/asthma</E>). If your organization has an indirect cost rate established, include it where appropriate in your budget submittal. If your organization does not have an established indirect cost rate, you may submit your proposal with an estimated indirect cost rate. If this is the case, please state in your transmittal letter that you do not currently have an established rate, but that you will <PRTPAGE P="46276"/>establish one by submitting the proper forms within 30 days of award. Include the name, phone number and fax number for your financial officer, and our Grants Administration Division will work with that individual to provide the necessary information. </P>
        <P>
          <E T="03">Question 5:</E> If we need help figuring out how to fill in the budget forms, is there someplace we can go to understand cost principles for a Federal grant? </P>
        <P>
          <E T="03">Answer:</E> Yes, go to <E T="03">www.epa.gov/ogd/how_to_apply/htm.</E>
        </P>
        <P>
          <E T="03">Question 6:</E> Is there a cost-share requirement? Will proposals that include cost-sharing be reviewed more favorably? </P>
        <P>
          <E T="03">Answer:</E> No, cost-sharing is not required, and including a cost-share will not cause your proposal to be viewed more favorably. </P>
        <P>
          <E T="03">Question 7:</E> Where can I find the standard form 424 mentioned in eligibility criterion number (4), and can we submit a proposal greater than nine pages in length? </P>
        <P>
          <E T="03">Answer:</E> The EPA application for grant assistance, SF-424 can be found on our website <E T="03">www.epa.gov/iaq/asthma</E> along with all of the required forms. </P>
        <P>The work plan narrative must be no more than nine pages in length, including a detailed, itemized budget, and any supplementary biographical information you wish to provide. In particular, attention should be paid to the qualifications and experience of key personnel. There is no requirement that the information be double-spaced, only that it be no smaller than 12 point type. </P>
        <P>
          <E T="03">Question 8:</E> On SF-424, block 10, is a space for “Catalog of Federal Domestic Assistance Number.” What number should we use? </P>
        <P>
          <E T="03">Answer:</E> The correct number is 66-606. </P>
        <P>
          <E T="03">Question 9:</E> On SF-424, in block 16, it asks “Is application subject to review by State Executive Order 12372 process?' </P>
        <P>
          <E T="03">Answer:</E> To determine whether your state requires review prior to receiving a Federal grant award, and a point of contact if it does, check the Office of Management and Budget website, <E T="03">www.whitehouse.gov/OMB/grants/spoc.html.</E>
        </P>
        <P>
          <E T="03">Question 10:</E> What start date should we use on the form? </P>
        <P>
          <E T="03">Answer:</E> Use January 1, 2002, as the start date, although the actual award date may vary. No pre-award costs will be approved for this pilot project, so please do not incur any costs unless and until you receive an assistance agreement from EPA. </P>
        <P>
          <E T="03">Question 11:</E> Are we required to include a quality assurance narrative statement? </P>
        <P>
          <E T="03">Answer:</E> If you are making environmental measurements or collecting data, your proposal should include a statement about the quality assurance practices you will put in place to ensure the accuracy of your data. If there is a need for additional information, our Grants Administration Division will contact you prior to award. </P>
        <P>
          <E T="03">Question 12:</E> What rules will govern our grant?</P>
        <P>
          <E T="03">Answer:</E> Familiarize yourself with Code of Regulations 40 part 30 if you are a non-profit or higher education group, and in addition, with Part 31 if you are a State or local government entity. These rules can be found at <E T="03">www.epa.gov/epacfr40/chapt-l.info/chi.toc.htm.</E> At that location, look under SUBCHAPTER B—GRANTS AND OTHER FEDERAL ASSISTANCE (parts 30-49).” Please note that no cost share is required. </P>
        <P>
          <E T="03">Question 13:</E> Is the due date of October 23, 2001 flexible? </P>
        <P>
          <E T="03">Answer:</E> No. Mailed applications must bear an envelope postmark (or carrier such as FedEx, UPS, or DHL equivalent) of October 23, 2001 or be hand-delivered by messenger not later than close of business (5pm EDT) Tuesday, October 23, 2001 as directed in the Request for Proposals. Please note that our mailing address and direct delivery address are different. </P>
        <P>
          <E T="03">Question 14:</E> Can I include letters of recommendation, past project reports, etc. along with my proposal? </P>
        <P>
          <E T="03">Answer:</E> All elements of your submission should address the eligibility and ranking criteria outlined in the Request for Proposals. Your submission must be no more than nine pages in length (in no smaller than 12 point type), including the work plan, detailed budget and biographical information. </P>
        <P>
          <E T="03">Question 15:</E> Can grant funds be used to mitigate homes? </P>
        <P>
          <E T="03">Answer:</E> The Clean Air Act authority under which this project is being conducted provides for studies and demonstrations, not implementation. Mitigation is acceptable under this grant only to the extent that it is done as a way to teach occupants how to clean-up and/or prevent indoor environmental triggers of asthma in their home. </P>
        <P>
          <E T="03">Question 16:</E> Will our grant proposals be considered confidential?</P>
        <P>
          <E T="03">Answer:</E> While grant proposals are generally handled in a confidential manner, they may be disclosed under the Freedom of Information Act unless they are marked “restricted” or “confidential.” If there is any information you wish to ensure remains confidential, please be sure to stamp “confidential” or “restricted” on each page on which such information occurs. </P>
        <P>
          <E T="03">Question 17:</E> Are we permitted to enter into contracts as part of the project we are proposing? </P>
        <P>
          <E T="03">Answer:</E> Yes, as long as the costs are allowable as defined under the Code of Federal Regulations 40 Part 30 and Part 31, which can be found at <E T="03">www.epa.gov/ogd/grants.htm.</E>
        </P>
        <SIG>
          <DATED>Dated: August 24, 2001. </DATED>
          <NAME>Jeffrey R. Holmstead,</NAME>
          <TITLE>Assistant Administrator, Office of Air and Radiation. </TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22126 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 6560-50-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">FEDERAL COMMUNICATIONS COMMISSION </AGENCY>
        <SUBJECT>Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission for Extension Under Delegated Authority, Comments Requested </SUBJECT>
        <DATE>August 22, 2001. </DATE>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act of 1995, Public Law 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid control number. Comments are requested concerning (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. </P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>

          <P>Written comments should be submitted on or before November 5, 2001. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of <PRTPAGE P="46277"/>time allowed by this notice, you should advise the contact listed below as soon as possible. </P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Direct all comments to Les Smith, Federal Communications Commissions, Room 1 A-804, 445 Twelfth Street, SW., Washington, DC 20554 or via the Internet to lesmith@fcc.gov. </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>For additional information or copies of the information collections contact Les Smith at (202) 418-0217 or via the Internet at lesmith@fcc.gov. </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P SOURCE="NPAR">
          <E T="03">OMB Approval Number:</E> 3060-0194. </P>
        <P>
          <E T="03">Title:</E> Section 74.21 Broadcasting emergency information. </P>
        <P>
          <E T="03">Form No.:</E> None. </P>
        <P>
          <E T="03">Type of Review:</E> Extension of currently approved collection. </P>
        <P>
          <E T="03">Respondents:</E> Businesses or other for-profit. </P>
        <P>
          <E T="03">Number of Respondents:</E> 1. </P>
        <P>
          <E T="03">Estimated Hours Per Response:</E> 1 hour. </P>
        <P>
          <E T="03">Frequency of Response:</E> Reporting, on occasion. </P>
        <P>
          <E T="03">Cost to Respondents:</E> $0. </P>
        <P>
          <E T="03">Estimated Total Annual Burden:</E> 1 hour. </P>
        <P>
          <E T="03">Needs and Uses:</E> In the event of an emergency, Section 74.21 requires that a licensee of an auxiliary broadcast station notify the FCC in Washington, DC, as soon as practicable, when that station is operated in a manner other than that for which is authorized. This notification shall specify the nature of the emergency and the use to which the station is being put. The licensee shall also notify the FCC when the emergency operation has been terminated. These notifications are used by FCC staff to evaluate the need and nature of the emergency broadcast to confirm that an actual emergency existed. </P>
        <SIG>
          <FP>Federal Communications Commission.</FP>
          <NAME>Magalie Roman Salas,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22080 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 6712-01-P </BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">FEDERAL COMMUNICATIONS COMMISSION </AGENCY>
        <SUBJECT>Notice of Public Information Collection(s) Being Submitted to OMB for Review and Approval </SUBJECT>
        <DATE>August 22, 2001. </DATE>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Federal Communications Commissions, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid control number. Comments are requested concerning (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. </P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Written comments should be submitted on or before October 4, 2001. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. </P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Direct all comments to Les Smith, Federal Communications Commission, Room 1-A804, 445 12th Street, SW., Washington, DC 20554 or via the Internet to <E T="03">lesmith@fcc.gov.</E>
          </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>For additional information or copies of the information collections contact Les Smith at (202) 418-0217 or via the Internet at <E T="03">lesmith@fcc.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P SOURCE="NPAR">
          <E T="03">OMB Control Number:</E> 3060-0316. </P>
        <P>
          <E T="03">Title:</E> Section 76.1700, Records to be Maintained Locally by Cable System Operators for Public Inspection. </P>
        <P>
          <E T="03">Form Number:</E> N/A. </P>
        <P>
          <E T="03">Type of Review:</E> Extension of a currently approved collection. </P>
        <P>
          <E T="03">Respondents:</E> Business or other for-profit entities. </P>
        <P>
          <E T="03">Number of Respondents:</E> 3,885. </P>
        <P>
          <E T="03">Estimated Time per Response:</E> 26 hours. </P>
        <P>
          <E T="03">Frequency of Response:</E> Recordkeeping. </P>
        <P>
          <E T="03">Total Annual Burden:</E> 101,010 hours. </P>
        <P>
          <E T="03">Total Annual Costs:</E> None. </P>
        <P>
          <E T="03">Needs and Uses:</E> 47 CFR Section 76.1700 requires cable television systems having 1,000 or more subscribers to maintain a public inspection file containing certain records. The records are used by FCC staff, local public officials, and the public to assess a cable television station's performance and to ensure that the system is in compliance with all of the Commission's applicable rules and regulations, i.e., when the FCC staff is conducting field inspections/investigations. </P>
        <P>
          <E T="03">OMB Control Number:</E> 3060-0332. </P>
        <P>
          <E T="03">Title:</E> Section 76.614, Cable Television System Regular Monitoring, and 76.1706, Signal Leakage Logs and Repair Records. </P>
        <P>
          <E T="03">Form Number:</E> N/A. </P>
        <P>
          <E T="03">Type of Review:</E> Extension of a currently approved collection. </P>
        <P>
          <E T="03">Respondents:</E> Businesses or other for-profit entities. </P>
        <P>
          <E T="03">Number of Respondents:</E> 10,080. </P>
        <P>
          <E T="03">Estimated Time per Response:</E> 1 to 30 minutes. </P>
        <P>
          <E T="03">Frequency of Response:</E> Recordkeeping; On occasion reporting requirements. </P>
        <P>
          <E T="03">Total Annual Burden:</E> 7,056 hours. </P>
        <P>
          <E T="03">Total Annual Costs:</E> None. </P>
        <P>
          <E T="03">Needs and Uses:</E> 47 CFR 76.614 requires cable television operators transmitting carriers in the frequency bands 108-137 and 225-400 MHz to provide for a program of regular monitoring for signal leakage by substantially covering the plant every three months. Section 76.1706 requires cable operators to maintain a log showing the date and location of each signal leakage source pursuant to section 76.614, the date on which the leakage was repaired, and the probable cause of the leakage. The log must be kept on file for a period of two years and must be made available to authorized representatives of the FCC upon request. Originally, the requirement to maintain logs was included in section 76.614, but pursuant to the Commission's reorganization and renumbering of section 76 as part of the 1998 Biennial Review—Multichannel Video and Cable Television Service, this recordkeeping requirement was placed in section 76.1706. </P>
        <SIG>
          <FP>Federal Communications Commission.</FP>
          <NAME>Magalie Roman Salas,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22081 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 6712-01-P </BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">FEDERAL EMERGENCY MANAGEMENT AGENCY </AGENCY>
        <SUBJECT>Agency Information Collection Activities: Proposed Collection; Comment Request </SUBJECT>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice and request for comments. </P>
        </ACT>
        <SUM>
          <PRTPAGE P="46278"/>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Federal Emergency Management Agency, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on continuing information collections. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)), this notice seeks comments concerning the collection of information from persons attending training courses conducted by the Emergency Management Institute (EMI) of the Federal Emergency Management Agency. This information is used to evaluate the effectiveness of EMI training conducted at the National Emergency Training Center in Emmitsburg, Maryland. </P>
        </SUM>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>In order to provide quantified data for the Government Performance and Results Act on how we are accomplishing our mission, and to provide stimulus for improving our training courses, the Emergency Management Institute initiated collection of information on the benefits or lack of benefits, for training conducted. As a result, a one page form titled “Follow-Up Evaluation Survey” is sent to people attending training, three months after they complete the training. The survey asks participants to answer three questions. </P>
        <HD SOURCE="HD1">Collection of Information </HD>
        <P>
          <E T="03">Title:</E> Emergency Management Institute Follow-up Evaluation Survey. </P>
        <P>
          <E T="03">Type of Information Collection:</E> Revision of a currently approved Collection. </P>
        <P>
          <E T="03">OMB Number:</E> 3067-0273. </P>
        <P>
          <E T="03">Form Number(s):</E> 95-56. </P>
        <P>
          <E T="03">Abstract:</E> The Robert T. Stafford Disaster Relief and Emergency Act Public Law 93-288, as amended authorizes training programs for emergency mitigation, preparedness, response and recovery. </P>
        <P>This information collection is needed to provide quantified data for the Government Performance and Results Act on how we are accomplishing our mission, and to provide stimulus for improving our training courses. The survey asks participants to describe the benefits of training received and if there were no benefits, to describe any difference in course materials or instruction that would have made the training more useful. The information is used to prepare reports on the benefits or lack of benefits for training conducted, and it is used to initiate reviews to improve training courses. </P>
        <P>
          <E T="03">Affected Public:</E> Federal Government; State, Local or Tribal Government. </P>
        <P>
          <E T="03">Estimated Total Annual Burden Hours:</E> 580 hours. </P>
        <GPOTABLE CDEF="s50,12,12,r50,12,xs48" COLS="6" OPTS="L2,tp0,i1">
          <TTITLE>  </TTITLE>
          <BOXHD>
            <CHED H="1">FEMA forms </CHED>
            <CHED H="1">Number of<LI>respondents </LI>
            </CHED>
            <CHED H="1">No. of <LI>responses </LI>
              <LI>(A) </LI>
            </CHED>
            <CHED H="1">Frequency <LI>of response </LI>
              <LI>(B) </LI>
            </CHED>
            <CHED H="1">Hours per <LI>response </LI>
              <LI>(C) </LI>
            </CHED>
            <CHED H="1">Annual <LI>burden hours </LI>
              <LI>(A × B × C) </LI>
            </CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">95-56 </ENT>
            <ENT>5800 </ENT>
            <ENT>2320 </ENT>
            <ENT>Per course </ENT>
            <ENT>.25 </ENT>
            <ENT>580 </ENT>
          </ROW>
          <ROW>
            <ENT I="03">Total </ENT>
            <ENT>5800 </ENT>
            <ENT>2320 </ENT>
            <ENT>Per course </ENT>
            <ENT>.25 </ENT>
            <ENT>580 </ENT>
          </ROW>
        </GPOTABLE>
        <P>
          <E T="03">Estimated Cost:</E> Estimated cost for participants would be $16.00 hourly rate X.25 per response = $4.00. Total annualized costs to the Federal Government is approximately $11,604. to include postage costs, contract staff, and reproducing reports. </P>
        <HD SOURCE="HD1">Comments </HD>
        <P>Written comments are solicited to (a) evaluate whether the proposed data collection is necessary for the proper performance of the agency, including whether the information shall have practical utility; (b) evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) enhance the quality, utility, and clarity of the information to be collected; and (d) minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Comments should be received within 60 days of the date of this notice. </P>
        <FP>
          <E T="02">Addresses:</E> Interested persons should submit written comments to Muriel B. Anderson, Chief, Records Management Section, Program Services and Systems Branch, Facilities and Services Management Division, Administration and Resource Planning Directorate, Federal Emergency Management Agency, 500 C Street, SW., Room 316, Washington, DC 20472. Telephone number (202) 646-2625. Fax number (202) 646-3524 or email <E T="03">muriel.anderson@fema.gov.</E>
        </FP>
        <FP>
          <E T="02">For Further Information Contact:</E> Contact Dennis Hickethier, Education Specialist, Emergency Management Institute, (301) 447-1148 for additional information. Contact Ms. Anderson at (202) 646-2625 for copies of the proposed collection of information. </FP>
        <SIG>
          <DATED>Dated: August 22, 2001. </DATED>
          <NAME>Reginald Trujillo, </NAME>
          <TITLE>Director, Program Services Division, Operations Support Directorate. </TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22100 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 6718-01-P </BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">FEDERAL EMERGENCY MANAGEMENT AGENCY </AGENCY>
        <SUBJECT>Agency Information Collection Activities: Submission for OMB Review; Comment Request </SUBJECT>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice and request for comments. </P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Federal Emergency Management Agency is submitting a request for review and approval of a collection of information under the emergency processing procedures in the Office of Management and Budget (OMB) regulation 5 CFR 1320.13. FEMA is requesting the collection be approved by September 17, 2001, for use through March 31, 2002. </P>
        </SUM>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>Public Law (PL) 106-390 Disaster Mitigation Act of 2000 (Stafford Act Amendments), Section 308, requires the Director of the Federal Emergency Management Agency to conduct a study of participation by Indian tribes in emergency management and cost-sharing related activities. </P>
        <HD SOURCE="HD1">Collection of Information </HD>
        <P>
          <E T="03">Title:</E> Participation and Cost-Share Capability of Indian Tribes in Emergency Management Programs. </P>
        <P>
          <E T="03">Type of Information Collection:</E> New Collection. </P>
        <P>
          <E T="03">Abstract.</E> Pursuant to PL-106-390 Disaster Mitigation Act of 2000 (Stafford Act Amendments), Section 308, FEMA will collect data from Indian tribes to: (1) Measure their level of participation in emergency management related activities, and (2) review and assess their capacity to participate in and manage cost-shared emergency management programs. Findings will be reported to Congress as mandated by law. </P>
        <P>
          <E T="03">Affected Public:</E> State and Tribal Government Officials. <PRTPAGE P="46279"/>
        </P>
        <P>
          <E T="03">Estimated Total Annual Burden Hours.</E> 414 Hours. </P>
        <GPOTABLE CDEF="s50,12,12,12,12" COLS="5" OPTS="L2,tp0,i1">
          <TTITLE>  </TTITLE>
          <BOXHD>
            <CHED H="1">FY 2001 </CHED>
            <CHED H="1">No. of <LI>respondents</LI>
              <LI>(A) </LI>
            </CHED>
            <CHED H="1">Frequence <LI>of response</LI>
              <LI>(B) </LI>
            </CHED>
            <CHED H="1">House per<LI>response</LI>
              <LI>(C) </LI>
            </CHED>
            <CHED H="1">Annual <LI>burden hours </LI>
              <LI>(A × B × C) </LI>
            </CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Tribes </ENT>
            <ENT>650 </ENT>
            <ENT>1 </ENT>
            <ENT>.5 </ENT>
            <ENT>325 </ENT>
          </ROW>
          <ROW>
            <ENT I="01">States </ENT>
            <ENT>50 </ENT>
            <ENT>1 </ENT>
            <ENT>.5 </ENT>
            <ENT>25 </ENT>
          </ROW>
          <ROW>
            <ENT I="03">Total </ENT>
            <ENT>700 </ENT>
            <ENT>1 </ENT>
            <ENT>.5 </ENT>
            <ENT>* 414 </ENT>
          </ROW>
          <TNOTE>* Includes 64 hours for pre-survey activities. </TNOTE>
        </GPOTABLE>
        <P>
          <E T="03">Estimated Cost.</E> $83,530.00. </P>
        <HD SOURCE="HD1">Comments </HD>
        <P>Written comments are solicited to (a) evaluate whether the proposed data collection is necessary for the proper performance of the agency, including whether the information shall have practical utility; (b) evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) enhance the quality, utility, and clarity of the information to be collected; and (d) minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. </P>
        <SUPLHD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Interested persons should submit written comments to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Desk Officer for the Federal Emergency Management Agency, 725 17th Street, NW., Washington, DC 20503. </P>
        </SUPLHD>
        <SUPLHD>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Sylvia U. Correa, Surveys Manager, Federal Emergency Management Agency, (202) 646-4247 or e-mail at <E T="03">sylvia.correa@fema.gov.</E> For copies of the proposed collection of information, contact Ms. Muriel Anderson at (202) 646-2625. </P>
        </SUPLHD>
        <SIG>
          <DATED>Dated: August 22, 2001. </DATED>
          <NAME>Reginald Trujillo, </NAME>
          <TITLE>Chief, Program Services Branch, Facilities Management and Services Division, Administration and Resource Planning Directorate.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22101 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 6718-01-P </BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">FEDERAL EMERGENCY MANAGEMENT AGENCY </AGENCY>
        <SUBJECT>Agency Information Collection Activities: Submission for OMB Review; Comment Request </SUBJECT>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice and request for comments. </P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Federal Emergency Management Agency has submitted the following proposed information collection to the Office of Management and Budget for review and clearance in accordance with the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3507). </P>
          <P>
            <E T="03">Title:</E> Debt Collection Financial Statement. </P>
          <P>
            <E T="03">Type of Information Collection:</E> Revision of a currently approved collection. </P>
          <P>
            <E T="03">OMB Number:</E> 3067-0122. </P>
          <P>
            <E T="03">Abstract:</E> FEMA Form 22-13, Debt Collection Financial Statement is submitted by FEMA's debtors listing name, addresses and other identifying data, their employment and income, their property and their debts. Debtors submit these statements when requesting installment repayment plans or termination of collection actions due to poverty or suspension or when compromising debts owed to FEMA. </P>
          <P>
            <E T="03">Affected Public:</E> Individuals or Households. </P>
          <P>
            <E T="03">Number of Respondents:</E> 600. </P>
          <P>
            <E T="03">Estimated Time per Respondent:</E> 45 minutes. </P>
          <P>
            <E T="03">Estimated Total Annual Burden Hours:</E> 450 hours. </P>
          <P>
            <E T="03">Frequency of Response:</E> On Occasion. </P>
          <HD SOURCE="HD1">Comments </HD>
          <P>Interested persons are invited to submit written comments on the proposed information collection to the Desk Officer for the Federal Emergency Management Agency, Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503 within 30 days of the date of this notice. </P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Requests for additional information or copies of the information collection should be made to Muriel B. Anderson, Chief, Records Management Section, Program Services and Systems Branch, Facilities and Services Management Division, Administration and Resource Planning Directorate, Federal Emergency Management Agency, 500 C Street, SW., Room 316, Washington, DC 20472, telephone number (202) 646-2625 or facsimile number (202) 646-3347, or e:mail <E T="03">muriel.anderson@fema.gov.</E>
          </P>
          <SIG>
            <DATED>Dated: August 22, 2001. </DATED>
            <NAME>Reginald Trujillo, </NAME>
            <TITLE>Branch Chief, Program Services and Systems Branch, Facilities and Services Management Division, Administration and Resource Planning Directorate. </TITLE>
          </SIG>
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 01-22102 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 6718-01-P </BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">FEDERAL EMERGENCY MANAGEMENT AGENCY </AGENCY>
        <SUBJECT>Agency Information Collection Activities: Submission for OMB Review; Comment Request </SUBJECT>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice and request for comments. </P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Federal Emergency Management Agency has submitted the following proposed information collection to the Office of Management and Budget for review and clearance in accordance with the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3507). </P>
          <P>
            <E T="03">Title:</E> National Flood Insurance Telephone Response Center (TRC) and Leads Application Program. </P>
          <P>
            <E T="03">Type of Information Collection:</E> New Collection. </P>
          <P>
            <E T="03">OMB Number:</E> 3067-New. </P>
          <P>
            <E T="03">Abstract:</E> The National Flood Insurance Telephone Response Center (TRC) and Leads Application Program was established as part of FEMA Cover America Advertising Campaign in 1995. The TRC is designed to respond to customer inquires about flood insurance, offers to send customers general information on the National Flood Insurance Program (NFIP), refer customers to insurance agents, and <PRTPAGE P="46280"/>inform customers of insurance agents that can write flood insurance policies in the area in which they live. </P>
          <P>
            <E T="03">Affected Public:</E> Individual or Households, and Business or Other For-Profit. </P>
          <P>
            <E T="03">Number of Respondents:</E> 78,448. </P>
          <P>
            <E T="03">Estimated Time per Respondent:</E> 3 minutes, Incoming Callers; 2 minutes Lead Program Application (FEMA Form 81-95); 3 minutes, Outbound Calls. </P>
          <P>
            <E T="03">Estimated Total Annual Burden Hours:</E> 3,915 hours. </P>
          <P>
            <E T="03">Frequency of Response:</E> Monthly. </P>
          <HD SOURCE="HD1">Comments </HD>
          <P>Interested persons are invited to submit written comments on the proposed information collection to the Desk Officer for the Federal Emergency Management Agency, Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503 within 30 days of the date of this notice. </P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Requests for additional information or copies of the information collection should be made to Muriel B. Anderson, Chief, Records Management Section, Program Services and Systems Branch, Facilities and Services Management Division, Administration and Resource Planning Directorate, Federal Emergency Management Agency, 500 C Street, SW., Room 316, Washington, DC 20472, telephone number (202) 646-2625 or facsimile number (202) 646-3347, or e:mail <E T="03">muriel.anderson@fema.gov.</E>
          </P>
          <SIG>
            <DATED>Dated: August 22, 2001. </DATED>
            <NAME>Reginald Trujillo, </NAME>
            <TITLE>Branch Chief, Program Services and Systems Branch, Facilities and Services Management Division, Administration and Resource Planning Directorate. </TITLE>
          </SIG>
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 01-22103 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 6718-01-P </BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">FEDERAL EMERGENCY MANAGEMENT AGENCY </AGENCY>
        <SUBJECT>Agency Information Collection Activities: Submission for OMB Review; Comment Request </SUBJECT>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice and request for comments. </P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Federal Emergency Management Agency has submitted the following proposed information collection to the Office of Management and Budget for review and clearance in accordance with the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3507). </P>
          <P>
            <E T="03">Title:</E> Capability Assessment for Readiness (CAR). </P>
          <P>
            <E T="03">Type of Information Collection: </E>Reinstatement, without change of a previously approved collection for which approval has expired. </P>
          <P>
            <E T="03">OMB Number:</E> 3067-0272. </P>
          <P>
            <E T="03">Abstract: </E>The CAR is required for the Federal Emergency Management Agency to report the status of emergency management programs in the nation to the President and the U.S. Congress. States, territories and insular areas use it for program evaluation, strategic planning and budgeting. It is also needed for program evaluation and management to assure that federal funding to state and local governments, territories and insular areas are properly managed and targeted to those areas that need improvement. The CAR is also used to satisfy the Government Performance and Results Act of 1993 and to meet the goals stated in FEMA Strategic plan. The data collected will be summarized in a report to the President and Congress. </P>
          <P>
            <E T="03">Affected Public:</E> State, Local or Tribal Government. </P>
          <P>
            <E T="03">Number of Respondents:</E> 56. </P>
          <P>
            <E T="03">Estimated Time per Respondent:</E> 60 hours. </P>
          <P>
            <E T="03">Estimated Total Annual Burden Hours:</E> 3,360. </P>
          <P>
            <E T="03">Frequency of Response:</E> Biennially. </P>
        </SUM>
        <PREAMHD>
          <HD SOURCE="HED">COMMENTS:</HD>
          <P>Interested persons are invited to submit written comments on the proposed information collection to the Desk Officer for the Federal Emergency Management Agency, Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503 within 30 days of the date of this notice. </P>
        </PREAMHD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Requests for additional information or copies of the information collection should be made to Muriel B. Anderson, Chief, Records Management Section, Program Services and Systems Branch, Facilities and Services Management Division, Administration and Resource Planning Directorate, Federal Emergency Management Agency, 500 C Street, SW., Room 316, Washington, DC 20472, telephone number (202) 646-2625 or facsimile number (202) 646-3347, or email <E T="03">muriel.anderson@fema.gov.</E>
          </P>
          <SIG>
            <DATED>Dated: August 22, 2001. </DATED>
            <NAME>Reginald Trujillo, </NAME>
            <TITLE>Director, Program Services Division, Operations Support Directorate. </TITLE>
          </SIG>
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 01-22104 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 6718-01-P </BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">FEDERAL EMERGENCY MANAGEMENT AGENCY </AGENCY>
        <DEPDOC>[FEMA-1376-DR] </DEPDOC>
        <SUBJECT>North Dakota; Amendment No. 5 to Notice of a Major Disaster Declaration </SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Emergency Management Agency (FEMA). </P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice. </P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This notice amends the notice of a major disaster for the State of North Dakota (FEMA-1376-DR), dated May 28, 2001, and related determinations. </P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">EFFECTIVE DATE:</HD>
          <P>August 21, 2001. </P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Madge Dale, Readiness, Response and Recovery Directorate, Federal Emergency Management Agency, Washington, DC 20472, (202) 646-2705. </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>Notice is hereby given that the incident period for this declared disaster is now March 1, 2001, through and including August 9, 2001. </P>
        
        <EXTRACT>
          <FP>(The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 83.537, Community Disaster Loans; 83.538, Cora Brown Fund Program; 83.539, Crisis Counseling; 83.540, Disaster Legal Services Program; 83.541, Disaster Unemployment Assistance (DUA); 83.542, Fire Suppression Assistance; 83.543, Individual and Family Grant (IFG) Program; 83.544, Public Assistance Grants; 83.545, Disaster Housing Program; 83.548, Hazard Mitigation Grant Program.) </FP>
        </EXTRACT>
        <SIG>
          <NAME>Joe M. Allbaugh, </NAME>
          <TITLE>Director. </TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22105 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 6718-02-P </BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">FEDERAL EMERGENCY MANAGEMENT AGENCY </AGENCY>
        <DEPDOC>[FEMA-1386-DR] </DEPDOC>
        <SUBJECT>Virginia; Amendment No. 4 to Notice of a Major Disaster Declaration </SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Emergency Management Agency (FEMA). </P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice. </P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This notice amends the notice of a major disaster declaration for the Commonwealth of Virginia, (FEMA-1386-DR), dated July 12, 2001, and related determinations. </P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">EFFECTIVE DATE:</HD>
          <P>August 9, 2001. </P>
        </EFFDATE>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Madge Dale, Readiness, Response and Recovery Directorate, Federal Emergency Management Agency, Washington, DC 20472, (202) 646-3772. </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The notice of a major disaster declaration for the <PRTPAGE P="46281"/>Commonwealth of Virginia is hereby amended to include the following area among those areas determined to have been adversely affected by the catastrophe declared a major disaster by the President in his declaration of July 12, 2001: </P>
        
        <EXTRACT>
          <P>Lee County for Individual Assistance. </P>
          
          <FP>(The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 83.537, Community Disaster Loans; 83.538, Cora Brown Fund Program; 83.539, Crisis Counseling; 83.540, Disaster Legal Services Program; 83.541, Disaster Unemployment Assistance (DUA); 83.542, Fire Suppression Assistance; 83.543, Individual and Family Grant (IFG) Program; 83.544, Public Assistance Grants; 83.545, Disaster Housing Program; 83.548, Hazard Mitigation Grant Program.) </FP>
        </EXTRACT>
        <SIG>
          <NAME>Joe M. Allbaugh, </NAME>
          <TITLE>Director. </TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22106 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 6718-02-P </BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">FEDERAL RESERVE SYSTEM</AGENCY>
        <SUBJECT>Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies</SUBJECT>
        <P>The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company.  The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).</P>
        <P>The notices are available for immediate inspection at the Federal Reserve Bank indicated.  The notices also will be available for inspection at the office of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors.  Comments must be received not later than September 18, 2001.</P>
        <P>
          <E T="04">A.  Federal Reserve Bank of Atlanta</E> (Cynthia C. Goodwin, Vice President) 1000 Peachtree Street, N.E., Atlanta, Georgia 30309-4470:</P>
        <P>
          <E T="03">1.  Robert Hill Smith</E>, Tallahassee, Florida; William Godfrey Smith, Jr., Tallahassee, Florida; Patricia Hill Smith, Tallahassee, Florida; Paula Peters Smith, Tallahassee, Florida; Virginia Austin Smith, Tallahassee, Florida; Jennifer Wilson Smith, Tallahassee, Florida; Warren Hamilton Smith, Tallahassee, Florida; William Godfrey Smith, III, Tallahassee, Florida; The VAS Trust, Tallahassee, Florida; The WHS Trust, Tallahassee, Florida; The JWS Trust, Tallahassee, Florida; The WGS, III Trust, Tallahassee, Florida; 2S Partnership, Tallahassee, Florida; and WGS Trust, Tallahassee, Florida; to retain voting shares of Capital City Bank Group, Inc., Tallahassee, Florida, and thereby indirectly retain voting shares of Capital City Bank, Tallahassee, Florida.</P>
        <SIG>
          <P>Board of Governors of the Federal Reserve System, August 28, 2001.</P>
          <NAME>Robert deV. Frierson,</NAME>
          <TITLE>Deputy Secretary of the Board.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 01-22079 Filed 8-31-01; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6210-01-S</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">FEDERAL RESERVE SYSTEM</AGENCY>
        <SUBJECT>Formations of, Acquisitions by, and Mergers of Bank Holding Companies</SUBJECT>

        <P>The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 <E T="03">et seq.</E>) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below.</P>
        <P>The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated.  The application also will be available for inspection at the offices of the Board of Governors.  Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)).  If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843).  Unless otherwise noted, nonbanking activities will be conducted throughout the United States.  Additional information on all bank holding companies may be obtained from the National Information Center website at www.ffiec.gov/nic/.</P>
        <P>Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than September 28, 2001.</P>
        <P>
          <E T="04">A.  Federal Reserve Bank of Cleveland</E> (Paul Kaboth, Banking Supervision) 1455 East Sixth Street, Cleveland, Ohio 44101-2566:</P>
        <P>
          <E T="03">1.  Second Bancorp Incorporated</E>, Warren, Ohio; to merge with Commerce Exchange Corporation, Beachwood, Ohio, and thereby indirectly acquire Commerce Exchange Bank, Beachwood, Ohio.</P>
        <P>
          <E T="03">2.  Whitaker Bank Corporation of Kentucky</E>, Lexington, Kentucky; to acquire 100 percent of the voting shares of Citizens National Bank &amp; Trust of Hazard, Hazard, Kentucky.</P>
        <P>
          <E T="04">B.  Federal Reserve Bank of Atlanta</E> (Cynthia C. Goodwin, Vice President) 1000 Peachtree Street, N.E., Atlanta, Georgia 30309-4470:</P>
        <P>
          <E T="03">1.  Grand Bankshares, Inc.</E>, West Palm Beach, Florida; to become a bank holding company by acquiring 100 percent of the voting shares of Grand Bank of Florida, West Palm Beach, Florida.</P>
        <P>
          <E T="03">2.  The Colonial BancGroup, Inc.</E>, Montgomery, Alabama; to merge with Manufacturers Bancshares, Inc., Tampa, Florida, and thereby indirectly acquire Manufacturers Bank of Florida, Tampa, Florida.</P>
        <P>
          <E T="04">C.  Federal Reserve Bank of Chicago</E> (Phillip Jackson, Applications Officer) 230 South LaSalle Street, Chicago, Illinois 60690-1414:</P>
        <P>
          <E T="03">1.  Capitol Bancorp, Inc.</E>, Lansing, Michigan; Sun Community Bancorp Limited, Phoenix, Arizona; and Nevada Community Bancorp Limited, Las Vegas, Nevada, to acquire 51 percent of the voting shares of Bank of Las Vegas, Las Vegas, Nevada. </P>
        <P>
          <E T="03">2. Capitol Bancorp, Inc. </E>, Lansing, Michigan; Sun Community Bancorp Limited, Phoenix, Arizona; and First California Northern Bancorp, Napa, California; to acquire 51 percent of the voting shares of Napa Community Bank, Napa, California (in organization).  First California Northern Bancorp also has  applied to become a bank holding company.</P>
        <P>
          <E T="04">D.  Federal Reserve Bank of San Francisco</E> (Maria Villanueva, Consumer Regulation Group) 101 Market Street, San Francisco, California  94105-1579:</P>
        <P>
          <E T="03">1.  Greater Bay Bancorp</E>, Palo Alto, California; to merge with SJNB Financial Corp., San Jose, California, and thereby indirectly acquire San Jose National Bank, San Jose, California.</P>
        <SIG>
          <P>Board of Governors of the Federal Reserve System, August 28, 2001.</P>
          <NAME>Robert deV. Frierson,</NAME>
          <TITLE>Deputy Secretary of the Board.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 01-22077 Filed 8-31-01; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6210-01-S</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="46282"/>
        <AGENCY TYPE="S">FEDERAL RESERVE SYSTEM</AGENCY>
        <SUBJECT>Notice of Proposals to Engage in Permissible Nonbanking Activities or to Acquire Companies that are Engaged in Permissible Nonbanking Activities</SUBJECT>

        <P>The companies listed in this notice have given notice under section 4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and Regulation Y (12 CFR Part 225) to engage <E T="03">de novo</E>, or to acquire or control voting securities or assets of a company, including the companies listed below, that engages either directly or through a subsidiary or other company, in a nonbanking activity that is listed in § 225.28 of Regulation Y (12 CFR 225.28) or that the Board has determined by Order to be closely related to banking and permissible for bank holding companies.  Unless otherwise noted, these activities will be conducted throughout the United States.</P>
        <P>Each notice is available for inspection at the Federal Reserve Bank indicated.  The notice also will be available for inspection at the offices of the Board of Governors.  Interested persons may express their views in writing on the question whether the proposal complies with the standards of section 4 of the BHC Act.  Additional information on all bank holding companies may be obtained from the National Information Center website at www.ffiec.gov/nic/.</P>
        <P>Unless otherwise noted, comments regarding the applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than September 18, 2001.</P>
        <P>
          <E T="04">A.  Federal Reserve Bank of Philadelphia</E> (Michael E. Collins, Senior Vice President) 100 North 6th Street, Philadelphia, Pennsylvania  19105-1521:</P>
        <P>
          <E T="03">1.CNB Financial Corporation</E>, Clearfield, Pennsylvania; to retain voting shares of  County Reinsurance Company, Phoenix, Arizona, and thereby engage in underwriting credit life and accidential death and disability insurance, pursuant to § 225.28(b)(11)(i) of Regulation Y.</P>
        <SIG>
          <P>Board of Governors of the Federal Reserve System, August 28, 2001.</P>
          <NAME>Robert deV. Frierson,</NAME>
          <TITLE>Deputy Secretary of the Board.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 01-22078  Filed 8-31-01; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6210-01-S</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">GOVERNMENT PRINTING OFFICE </AGENCY>
        <SUBJECT>Depository Library Council to the Public Printer Meeting </SUBJECT>
        <P>The Depository Library Council to the Public Printer (DLC) will meet on Sunday, October 14, 2001, through Wednesday, October 17, 2001, in Alexandria, Virginia. The sessions will take place from 7:30 p.m. until 10 p.m. on Sunday, 8:30 a.m. until 5 p.m. on Monday and Tuesday and from 8:30 a.m. until 3:30 p.m. on Wednesday. The meeting will be held at the Holiday Inn Hotel and Suites, 625 First Street, Alexandria, Virginia. The purpose of this meeting is to discuss the Federal Depository Library Program. All sessions are open to the public. </P>

        <P>A limited number of rooms are being held for Council attendees at the rate of $126 (plus tax). Some attendees will be booked at the Radisson Hotel Old Town Alexandria, 901 North Fairfax Street, Alexandria, VA. The Radisson is a couple of blocks from the Holiday Inn. Reservations can be made by dialing the Holiday Inn directly at 703-548-6300. The rate is good for the meeting dates as well as the three (3) days prior to the meeting and the three (3) days after the meeting (Please <E T="03">note,</E> since the General Services Administration federal per diem rates change October 1, the room rate could be higher when the meeting convenes). To receive the <E T="03">prevailing</E> Government rate, you must make your reservation no later than September 14, 2001 and mention that you are with the Government Printing Office Conference. After that date, rooms will be subject to availability at the best obtainable rate. </P>
        <SIG>
          <NAME>Michael F. DiMario,</NAME>
          <TITLE>Public Printer.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 01-22099 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 1520-01-P </BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF HEALTH AND HUMAN SERVICES </AGENCY>
        <SUBAGY>Office of the Secretary </SUBAGY>
        <SUBJECT>Secretary's Advisory Committee on Regulatory Reform; Notice of Intent to Establish </SUBJECT>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of intent to establish a Secretarial Advisory Committee on Regulatory Reform.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This notice is published in accordance with Section 9(a)(2) of the Federal Advisory Committee Act. Notice is hereby given that the Secretary of the Department of Health and Human Services intends to establish an Advisory Committee on Regulatory Reform. </P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Christy Schmidt, Executive Coordinator, Secretary's Advisory Committee on Regulatory Reform, Office of the Assistant Secretary for Planning and Evaluation, 200 Independence Avenue, SW., Room 415F, Washington, DC, 20201, (202) 690-7858. </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The Department of Health and Human Services (HHS) seeks to ensure that its programs and the activities they are designed to foster are effective and efficient, have broad impact on the intended clientele, and are readily accessible to them. To that end, HHS is examining its array of regulations with a view to identifying opportunities for reforms that will maintain or enhance program performance in selected mission areas and at the same time reduce burdens and costs on effected entities. The Secretary, therefore, is establishing an Advisory Committee on Regulatory Reform. </P>
        <P>This Committee is governed by the provisions of the Federal Advisory Committee Act, Public Law 92-463, as amended (5 U.S.C. Appendix 2), which sets forth standards for the formation of advisory committees and implementing regulations (41 CFR part 102-3). </P>
        <P>The Secretary's Advisory Committee on Regulatory Reform will provide findings and recommendations to the Secretary regarding potential regulatory changes. As part of their responsibilities, the Committee will hold regional public hearings and solicit public comments regarding HHS regulations that involve health care delivery, operations, health and biomedical research as well as the development of pharmaceuticals and other medical products. The Committee shall (a) review candidate regulatory changes identified through the regional hearings, through solicitations of written comments from the public, or through consultation with HHS staff and (b) advise whether, if effected, these candidate changes would have beneficial results. As appropriate, the Committee shall consider the potentially most beneficial regulatory reforms further and advise the Secretary regarding their priority for implementation. </P>

        <P>The Committee shall consist of not more than 20 members including the Chairperson or Co-Chairpersons. Appointments shall be made by the Secretary from authorities knowledgeable in the fields of health care delivery, health systems operations, advocacy for patients' interests, health <PRTPAGE P="46283"/>insurance, development of pharmaceuticals and other medical products, and biomedical and health services research. Attention shall be given to equitable geographic distribution and to ethnic and gender representation. </P>
        <P>The Committee shall meet three times unless, after consultation with the Chairperson or Co-Chairpersons, the Secretary determines that additional meetings are necessary to fulfill the purpose of the Committee. All meetings shall be at the call of the Chairperson or Co-Chairpersons. An official of the federal government shall be present at all meetings. Meetings shall be open to the public. Advance notice of all meetings shall be given to the public. Meetings shall be conducted and records of proceedings shall be kept in accordance with applicable laws and Departmental regulations. </P>
        <P>Unless renewed by appropriate action prior to its expiration, the Secretary's Advisory Committee on Regulatory Reform shall terminate on [insert date one year from charter approval]. </P>
        <SIG>
          <DATED>Dated: August 29, 2001.</DATED>
          <NAME>Tommy G. Thompson, </NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22214 Filed 8-30-01; 11:42 am] </FRDOC>
      <BILCOD>BILLING CODE 4154-05-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>Centers for Disease Control and Prevention</SUBAGY>
        <SUBJECT>Fees for Sanitation Inspections of Cruise Ships</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This notice announces fees for vessel sanitation inspections for fiscal year 2002 (October 1, 2001, through September 30, 2002).</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">EFFECTIVE DATE:</HD>
          <P>October 1, 2001.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>David L. Forney, Chief, Vessel Sanitation Program, National Center for Environmental Health, Centers for Disease Control and Prevention (CDC), 4770 Buford Highway, NE, Mailstop F-16, Atlanta, Georgia 30341-3724, telephone (770) 488-7333, E-­mail: <E T="03">Dforney@cdc.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Purpose and Background</HD>

        <P>The fee schedule for sanitation inspections of passenger cruise ships currently inspected under the Vessel Sanitation Program (VSP) was first published in the <E T="04">Federal Register</E> (52 FR 45019) on November 24, 1987, and CDC began collecting fees on March 1, 1988. Since then, CDC has published the fee schedule annually. This notice announces fees effective October 1, 2001.</P>
        <P>The formula used to determine the fees is as follows:</P>
        
        <FP>Average cost per inspection = Total Cost of VSP divided by Weighted Number of Annual Inspections.</FP>
        

        <P>The average cost per inspection is multiplied by a size/cost factor to determine the fee for vessels in each size category. The size/cost factor was established in the proposed fee schedule published in the <E T="04">Federal Register</E> (52 FR 27060) on July 17, 1987, and revised in a schedule published in the <E T="04">Federal Register</E> (54 FR 48942) on November 28, 1989. The revised size/cost factor is presented in Appendix A.</P>
        <HD SOURCE="HD1">Fee</HD>

        <P>The fee schedule is presented in Appendix A and will be effective October 1, 2001, through September 30, 2002. This fee schedule represents a 4.3% increase over the current fee schedule, which became effective October 1, 2000. The increase is primarily due to substantial increases in the cost of air transportation and personnel. If travel expenses continue to increase, it may be necessary to readjust the fees before September 30, 2002, since travel constitutes a sizable portion of the program's costs. If such a readjustment in the fee schedule is necessary, a notice will be published in the <E T="04">Federal Register</E> 30 days before the effective date.</P>
        <HD SOURCE="HD1">Applicability</HD>
        <P>The fees will be applicable to all passenger cruise vessels for which inspections are conducted as part of CDC's VSP.</P>
        <SIG>
          <DATED>Dated: August 27, 2001.</DATED>
          <NAME>James D. Seligman,</NAME>
          <TITLE>Associate Director for Program Services, Centers for Disease Control and Prevention (CDC).</TITLE>
        </SIG>
        <HD SOURCE="HD1">Appendix A</HD>
        <GPOTABLE CDEF="s25,7,4" COLS="3" OPTS="L2,i1">
          <TTITLE>Size/Cost Factor </TTITLE>
          <BOXHD>
            <CHED H="1">Vessel size </CHED>
            <CHED H="1">GRT<SU>1</SU>
            </CHED>
            <CHED H="1">Average Cost X </CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Extra small </ENT>
            <ENT>&lt;3,001 </ENT>
            <ENT>0.25 </ENT>
          </ROW>
          <ROW>
            <ENT I="01">Small </ENT>
            <ENT>3,001-15,000 </ENT>
            <ENT>0.50 </ENT>
          </ROW>
          <ROW>
            <ENT I="01">Medium </ENT>
            <ENT>15,001-30,000 </ENT>
            <ENT>1.00 </ENT>
          </ROW>
          <ROW>
            <ENT I="01">Large </ENT>
            <ENT>30,001-60,000 </ENT>
            <ENT>1.50 </ENT>
          </ROW>
          <ROW>
            <ENT I="01">Extra large </ENT>
            <ENT>&gt;60,000 </ENT>
            <ENT>2.00 </ENT>
          </ROW>
          <TNOTE>
            <SU>1</SU> GRT—Gross Register Tonnage in cubic feet, as shown in Lloyd's Register of Shipping. </TNOTE>
        </GPOTABLE>
        <GPOTABLE CDEF="s25,7,5" COLS="3" OPTS="L2,i1">
          <TTITLE>Fee Schedule October 1, 2001—September 30, 2002 </TTITLE>
          <BOXHD>
            <CHED H="1">Vessel size </CHED>
            <CHED H="1">GRT<SU>1</SU>
            </CHED>
            <CHED H="1">Fee <LI>($US) </LI>
            </CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Extra small </ENT>
            <ENT>&lt;3,001 </ENT>
            <ENT>1,200 </ENT>
          </ROW>
          <ROW>
            <ENT I="01">Small </ENT>
            <ENT>3,001-15,000 </ENT>
            <ENT>2,400 </ENT>
          </ROW>
          <ROW>
            <ENT I="01">Medium </ENT>
            <ENT>15,001-30,000 </ENT>
            <ENT>4,800 </ENT>
          </ROW>
          <ROW>
            <ENT I="01">Large </ENT>
            <ENT>30,001-60,000 </ENT>
            <ENT>7,200 </ENT>
          </ROW>
          <ROW>
            <ENT I="01">Extra large </ENT>
            <ENT>&gt;60,000 </ENT>
            <ENT>9,600 </ENT>
          </ROW>
          <TNOTE>
            <SU>1</SU> GRT—Gross Register Tonnage in cubic feet, as shown in Lloyd's Register of Shipping. </TNOTE>
        </GPOTABLE>
        <P>Inspections and reinspections involve the same procedure, require the same amount of time, and are therefore charged at the same rate.</P>
        
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22107  Filed 8-31-01; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4163-18-M</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES </AGENCY>
        <SUBAGY>Centers for Medicare and Medicaid Services </SUBAGY>
        <DEPDOC>[Document Identifier: CMS-10049] </DEPDOC>
        <SUBJECT>Emergency Clearance: Public Information Collection Requirements Submitted to the Office of Management and Budget (OMB) </SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Centers for Medicare and Medicaid Services, HHS. </P>

          <P>In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Centers for Medicare and Medicaid Services (CMS) (formerly known as the Health Care Financing Administration (HCFA)), Department of Health and Human Services, is publishing the following summary of proposed collections for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects: (1) The necessity and utility of the proposed <PRTPAGE P="46284"/>information collection for the proper performance of the agency's functions; (2) the accuracy of the estimated burden; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden. </P>
          <P>We are, however, requesting an emergency review of the information collection referenced below. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, we have submitted to the Office of Management and Budget (OMB) the following requirements for emergency review. We are requesting an emergency review because the collection of this information is needed before the expiration of the normal time limits under OMB's regulations at 5 CFR Part 1320. This is necessary to ensure compliance with an initiative of the Administration. We cannot reasonably comply with the normal clearance procedures because of an unanticipated event and possible public harm. </P>
          <P>Our fall media campaign begins in October and in order to assess it, we need to be able to begin the first of our surveys before then. The other two information collections also need to be conducted before the normal clearance procedures would result in an OMB approval. </P>

          <P>CMS is requesting OMB review and approval of this collection by September 12, 2001, with a 180-day approval period. Written comments and recommendations will be accepted from the public if received by the individuals designated below by September 10, 2001. During this 180-day period, we will publish a separate <E T="04">Federal Register</E> notice announcing the initiation of an extensive 60-day agency review and public comment period on these requirements. We will submit the requirements for OMB review and an extension of this emergency approval. <E T="03">Type of Information Collection Request:</E> New collection; <E T="03">Title of Information Collection:</E> Assessment of CMS’ Fall Media Campaign; <E T="03">Form No.:</E> CMS-10049 (OMB # 0938-XXXX); <E T="03">Use:</E> CMS is collecting information 3 times (before, during, and after) during its fall media campaign to assess the campaign. The respondents will be beneficiaries and their caregivers. We will collect information via telephone surveys and by monitoring phone calls to the 1-800-MEDICARE number and “page views” on selected Medicare websites; <E T="03">Frequency:</E> Once; <E T="03">Affected Public:</E> Individuals and households; <E T="03">Number of Respondents:</E> 3,750; <E T="03">Total Annual Responses:</E> 3,750; <E T="03">Total Annual Hours:</E> 625. </P>

          <P>We have submitted a copy of this notice to OMB for its review of these information collections. A notice will be published in the <E T="04">Federal Register</E> when approval is obtained. </P>

          <P>To obtain copies of the supporting statement and any related forms for the proposed paperwork collections referenced above, access CMS’ Web Site address at <E T="03">http://www.hcfa.gov/regs/prdact95.htm</E>, or E-mail your request, including your address, phone number, OMB number, and CMS document identifier, to <E T="03">Paperwork@hcfa.gov</E>, or call the Reports Clearance Office on (410) 786-1326. </P>
          <P>Interested persons are invited to send comments regarding the burden or any other aspect of these collections of information requirements. However, as noted above, comments on these information collection and recordkeeping requirements must be mailed and/or faxed to the designees referenced below, by September 10, 2001: Centers for Medicare and Medicaid Services, Office of Information Services, Security and Standards Group, Division of CMS Enterprise Standards, Room N2-14-26, 7500 Security Boulevard, Baltimore, MD 21244-1850. Fax Number: (410) 786-0262; Attn: Julie Brown and, Office of Information and Regulatory Affairs, Office of Management and Budget, Room 10235, New Executive Office Building, Washington, DC 20503. Fax Number: (202) 395-6974 or (202) 395-5167; Attn: Allison Eydt, CMS Desk Officer. </P>
        </AGY>
        <SIG>
          <DATED>Dated: August 29, 2001.</DATED>
          <NAME>John P. Burke III, </NAME>
          <TITLE>CMS Reports Clearance Officer, CMS, Office of Information Services, Security and Standards Group, Division of CMS Enterprise Standards. </TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 01-22195 Filed 8-31-01; 11:00 am] </FRDOC>
      <BILCOD>BILLING CODE 4120-03-P </BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>Administration for Children and Families</SUBAGY>
        <SUBJECT>Submission for OMB Review; Comment Request</SUBJECT>
        <P>
          <E T="03">Title:</E> Head Start Program Information Report.</P>
        <P>
          <E T="03">OMB No.:</E> 0980-0017.</P>
        <P>
          <E T="03">Description:</E> The report is submitted annually by all Head Start and Early Head Start grantees and delegate agency. The report contains information which the grantees complete such as, number and ages of children enrolled, what educational and health services they receive and what family services are provided.</P>
        <P>
          <E T="03">Respondents:</E> Head Start Grantees</P>
        <GPOTABLE CDEF="s50,12,12,12,12" COLS="5" OPTS="L2,i1">
          <TTITLE>Annual Burden Estimates </TTITLE>
          <BOXHD>
            <CHED H="1">Instrument </CHED>
            <CHED H="1">Number of <LI>respondents </LI>
            </CHED>
            <CHED H="1">Number of responses per <LI>respondent </LI>
            </CHED>
            <CHED H="1">Average burden hours per response </CHED>
            <CHED H="1">Total burden hours </CHED>
          </BOXHD>
          <ROW RUL="n,s">
            <ENT I="01">PIR</ENT>
            <ENT>2,437</ENT>
            <ENT>1</ENT>
            <ENT>04</ENT>
            <ENT>9,748 </ENT>
          </ROW>
          <ROW>
            <ENT I="03">Estimated Total Annual Burden Hours</ENT>
            <ENT/>
            <ENT/>
            <ENT/>
            <ENT>9,748 </ENT>
          </ROW>
        </GPOTABLE>
        <P>
          <E T="03">Additional Information:</E> Copies of the proposed collection may be obtained by writing to The Administration for Children and Families, Office of Information Services, 370 L'Enfant Promenade, SW., Washington, DC 20447, Attn: ACF Reports Clearance Officer.</P>
        <P>
          <E T="03">OMB Comment:</E> OMB is required to make a decision concerning the collection of information between 30 and 60 days after publication of this document in the <E T="04">Federal Register</E>. Therefore, a comment is best assured of having its full effect if OMB receives it within 30 days of publication. Written comments and recommendations for the proposed information collection should be sent directly to the following: Office of Management and Budget, Paperwork Reduction Project, 725 17th Street, NW., Washington, DC 20503, Attn: Desk Officer for ACF.</P>
        <SIG>
          <PRTPAGE P="46285"/>
          <DATED>Dated: August 28, 2001.</DATED>
          <NAME>Bob Sargis,</NAME>
          <TITLE>Reports Clearance Officer.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 01-22124  Filed 8-31-01; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4184-01-M</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES </AGENCY>
        <SUBAGY>Substance Abuse and Mental Health Services Administration </SUBAGY>
        <SUBJECT>Agency Information Collection Activities: Submission for OMB Review; Comment Request </SUBJECT>
        <P>Periodically, the Substance Abuse and Mental Health Services Administration (SAMHSA) will publish a list of information collection requests under OMB review, in compliance with the Paperwork Reduction Act (44 U.S.C. Chapter 35). To request a copy of these documents, call the SAMHSA Reports Clearance Officer on (301) 443-7978. </P>
        <HD SOURCE="HD1">Mexican Border Youth Survey (BYS)—New</HD>
        <P>Violence and substance abuse are a serious concern at places along the U.S.-Mexico border. Young people ages 18-25 are attracted to Mexico because alcohol is inexpensive and the drinking age is 18 rather than 21. SAMHSA's Center for Substance Abuse Prevention is planning to conduct surveys at five sites along the Texas-Mexico border to support development, implementation and assessment of enforcement and education programs to address underage and binge drinking related problems. This program replicates a project targeting underage and binge drinking that has been implemented in San Diego, California (“Operation Safe Crossing”), which has yielded successful outcomes, including a 26% reduction in youth crossing the border to drink alcohol. </P>
        <P>The purpose of replicating the model in Texas is to test local adaptations of the program which includes surveys of youth crossing the U.S.-Mexico border. This effort uses the survey data to inform the public of problem behaviors specific to their local community and serves to develop community awareness and inform community interventions, such as underage curfews and enforcing bar closing hours. The data collected will be made available to local groups to assist in raising community awareness of youth drinking issues. It is expected that communities will use the information to tailor interventions to reduce youth drinking-associated problems. </P>
        <P>The BYS is comprised of two surveys, which are conducted on Friday and Saturday of one randomly selected weekend each month in each site. All information is collected in an anonymous and confidential manner. One survey, the Mexican Entry Survey, interviews a sample of youths on their way into Mexico between 9 p.m. and 1 a.m. The other survey, the Mexican Exit Survey, includes those same youths returning from Mexico between midnight and 6 a.m. the next day and an independent sample of pedestrians and drivers (where many young drinkers drive rather than walk across the border). The Exit Survey includes a breath test. In addition, there will be a 1-time test of saliva to test reliability and validity of the collection and analysis process. </P>
        <P>The total annual burden associated with this project across all sites is summarized in the table below. </P>
        <GPOTABLE CDEF="s50,12,12,12,12" COLS="5" OPTS="L2,tp0,i1">
          <TTITLE>  </TTITLE>
          <BOXHD>
            <CHED H="1">Sample </CHED>
            <CHED H="1">Number of <LI>respondents </LI>
            </CHED>
            <CHED H="1">Responses/<LI>respondent </LI>
            </CHED>
            <CHED H="1">Hours/<LI>response </LI>
            </CHED>
            <CHED H="1">Total burden <LI>(hours) </LI>
            </CHED>
          </BOXHD>
          <ROW>
            <ENT I="22">Mexican Entry Survey: </ENT>
          </ROW>
          <ROW>
            <ENT I="03">—Entry Survey </ENT>
            <ENT>6,000 </ENT>
            <ENT>1 </ENT>
            <ENT>.25 </ENT>
            <ENT>498 </ENT>
          </ROW>
          <ROW>
            <ENT I="03">—Exit Survey </ENT>
            <ENT>(6,000) </ENT>
            <ENT>1 </ENT>
            <ENT>.083 </ENT>
            <ENT>498 </ENT>
          </ROW>
          <ROW>
            <ENT I="01">Mexican Exit Survey, with breath or saliva test and pedestrians or drivers </ENT>
            <ENT>15,000 </ENT>
            <ENT>1 </ENT>
            <ENT>.083 </ENT>
            <ENT>1,245 </ENT>
          </ROW>
          <ROW>
            <ENT I="01">One-time Pilot Saliva Test in one location only </ENT>
            <ENT>(100) </ENT>
            <ENT>2 </ENT>
            <ENT>.050 </ENT>
            <ENT>10 </ENT>
          </ROW>
          <ROW>
            <ENT I="03">Total </ENT>
            <ENT>21,000 </ENT>
            <ENT/>
            <ENT/>
            <ENT>3,253 </ENT>
          </ROW>
        </GPOTABLE>
        <P>Written comments and recommendations concerning the proposed information collection should be sent within 30 days of this notice to: Lauren Wittenberg, Human Resources and Housing Branch, Office of Management and Budget, New Executive Office Building, Room 10235, Washington, DC 20503. </P>
        <SIG>
          <DATED>Dated: August 23, 2001. </DATED>
          <NAME>Richard Kopanda, </NAME>
          <TITLE>Executive Officer, SAMHSA. </TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 01-22108 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 4162-20-P </BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>Substance Abuse and Mental Health Services Administration</SUBAGY>
        <SUBJECT>Current List of Laboratories Which Meet Minimum Standards To Engage in Urine Drug Testing for Federal Agencies</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Substance Abuse and Mental Health Services Administration, HHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice. </P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Department of Health and Human Services notifies Federal agencies of the laboratories currently certified to meet standards of Subpart C of Mandatory Guidelines for Federal Workplace Drug Testing Programs (59 FR 29916, 29925). A similar notice listing all currently certified laboratories will be published during the first week of each month, and updated to include laboratories which subsequently apply for and complete the certification process. If any listed laboratory's certification is totally suspended or revoked, the laboratory will be omitted from updated lists until such time as it is restored to full certification under the Guidelines.</P>
          <P>If any laboratory has withdrawn from the National Laboratory Certification Program during the past month, it will be listed at the end, and will be omitted from the monthly listing thereafter.</P>

          <P>This Notice is also available on the internet at the following websites: <E T="03">http://workplace.samhsa.gov; http://www.drugfreeworkplace.gov;</E> and <E T="03">http://www.health.org/workplace</E>.</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Mrs. Giselle Hersh or Dr. Walter Vogl, Division of Workplace Programs, 5600 Fishers Lane, Rockwall 2 Building, Room 815, Rockville, Maryland 20857; Tel.: (301) 443-6014, Fax: (301) 443-3031.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>Mandatory Guidelines for Federal Workplace Drug Testing were developed <PRTPAGE P="46286"/>in accordance with Executive Order 12564 and section 503 of Pub. L. 100-71. Subpart C of the Guidelines, “Certification of Laboratories Engaged in Urine Drug Testing for Federal Agencies,” sets strict standards which laboratories must meet in order to conduct urine drug testing for Federal agencies. To become certified an applicant laboratory must undergo three rounds of performance testing plus an on-site inspection.</P>
        <P>To maintain that certification a laboratory must participate in a quarterly performance testing program plus periodic, on-site inspections.</P>
        <P>Laboratories which claim to be in the applicant stage of certification are not to be considered as meeting the minimum requirements expressed in the HHS Guidelines. A laboratory must have its letter of certification from SAMHSA, HHS (formerly: HHS/NIDA) which attests that it has met minimum standards.</P>
        <P>In accordance with Subpart C of the Guidelines, the following laboratories meet the minimum standards set forth in the Guidelines:</P>
        
        <FP SOURCE="FP-1">ACL Laboratories, 8901 W. Lincoln Ave., West Allis, WI 53227, 414-328-7840/800-877-7016 (Formerly: Bayshore Clinical Laboratory)</FP>
        <FP SOURCE="FP-1">Advanced Toxicology Network, 3560 Air Center Cove, Suite 101, Memphis, TN 38118, 901-794-5770/888-290-1150</FP>
        <FP SOURCE="FP-1">Aegis Analytical Laboratories, Inc., 345 Hill Ave., Nashville, TN 37210, 615-255-2400</FP>
        <FP SOURCE="FP-1">Alabama Reference Laboratories, Inc., 543 South Hull St., Montgomery, AL 36103, 800-541-4931/334-263-5745</FP>
        <FP SOURCE="FP-1">Alliance Laboratory Services, 3200 Burnet Ave., Cincinnati, OH 45229, 513-585-9000 (Formerly: Jewish Hospital of Cincinnati, Inc.)</FP>
        <FP SOURCE="FP-1">American Medical Laboratories, Inc., 14225 Newbrook Dr., Chantilly, VA 20151, 703-802-6900</FP>
        <FP SOURCE="FP-1">Associated Pathologists Laboratories, Inc., 4230 South Burnham Ave., Suite 250, Las Vegas, NV 89119-5412, 702-733-7866/800-433-2750</FP>
        <FP SOURCE="FP-1">Baptist Medical Center—Toxicology Laboratory, 9601 I-630, Exit 7, Little Rock, AR 72205-7299, 501-202-2783 (Formerly: Forensic Toxicology Laboratory Baptist Medical Center)</FP>
        <FP SOURCE="FP-1">Clinical Laboratory Partners, LLC, 129 East Cedar St., Newington, CT 06111, 860-696-8115 (Formerly: Hartford Hospital Toxicology Laboratory)</FP>
        <FP SOURCE="FP-1">Clinical Reference Lab, 8433 Quivira Rd., Lenexa, KS 66215-2802, 800-445-6917</FP>
        <FP SOURCE="FP-1">Cox Health Systems, Department of Toxicology, 1423 North Jefferson Ave., Springfield, MO 65802, 800-876-3652/417-269-3093 (Formerly: Cox Medical Centers)</FP>
        <FP SOURCE="FP-1">Dept. of the Navy, Navy Drug Screening Laboratory, Great Lakes, IL, Building 38-H, P.O. Box 88-6819, Great Lakes, IL 60088-6819, 847-688-2045/847-688-4171</FP>
        <FP SOURCE="FP-1">Diagnostic Services Inc., dba DSI, 12700 Westlinks Drive, Fort Myers, FL 33913, 941-561-8200/800-735-5416</FP>
        <FP SOURCE="FP-1">Doctors Laboratory, Inc., P.O. Box 2658, 2906 Julia Dr., Valdosta, GA 31602, 912-244-4468</FP>
        <FP SOURCE="FP-1">DrugProof, Division of Dynacare/Laboratory of Pathology, LLC, 1229 Madison St., Suite 500, Nordstrom Medical Tower, Seattle, WA 98104, 206-386-2672/800-898-0180 (Formerly: Laboratory of Pathology of Seattle, Inc., DrugProof, Division of Laboratory of Pathology of Seattle, Inc.)</FP>
        <FP SOURCE="FP-1">DrugScan, Inc., P.O. Box 2969, 1119 Mearns Rd., Warminster, PA 18974, 215-674-9310</FP>
        <FP SOURCE="FP-1">Dynacare Kasper Medical Laboratories*, 14940-123 Ave., Edmonton, Alberta, Canada T5V 1B4, 780-451-3702/800-661-9876</FP>
        <FP SOURCE="FP-1">ElSohly Laboratories, Inc., 5 Industrial Park Dr., Oxford, MS 38655, 662-236-2609</FP>
        <FP SOURCE="FP-1">Express Analytical Labs, 1301 18th Ave NW, Suite 110, Austin, MN 55912, 507-437-7322</FP>
        <FP SOURCE="FP-1">Gamma-Dynacare Medical Laboratories*, A Division of the Gamma-Dynacare Laboratory Partnership, 245 Pall Mall St., London, ONT, Canada N6A 1P4, 519-679-1630</FP>
        <FP SOURCE="FP-1">General Medical Laboratories, 36 South Brooks St., Madison, WI 53715, 608-267-6267</FP>
        <FP SOURCE="FP-1">Kroll Laboratory Specialists, Inc., 1111 Newton St., Gretna, LA 70053, 504-361-8989/800-443-3823 (Formerly: Laboratory Specialists, Inc.)</FP>
        <FP SOURCE="FP-1">LabOne, Inc., 10101 Renner Blvd., Lenexa, KS 66219, 913-888-3927/800-728-4064 (Formerly: Center for Laboratory Services, a Division of LabOne, Inc.)</FP>
        <FP SOURCE="FP-1">Laboratory Corporation of America Holdings, 7207 N. Gessner Road, Houston, TX 77040, 713-856-8288/800-800-2387</FP>
        <FP SOURCE="FP-1">Laboratory Corporation of America Holdings, 69 First Ave., Raritan, NJ 08869, 908-526-2400/800-437-4986 (Formerly: Roche Biomedical Laboratories, Inc.)</FP>
        <FP SOURCE="FP-1">Laboratory Corporation of America Holdings, 1904 Alexander Drive, Research Triangle Park, NC 27709, 919-572-6900/800-833-3984 (Formerly: LabCorp Occupational Testing Services, Inc., CompuChem Laboratories, Inc.; CompuChem Laboratories, Inc., A Subsidiary of Roche Biomedical Laboratory; Roche CompuChem Laboratories Inc., A Member of the Roche Group)</FP>
        <FP SOURCE="FP-1">Laboratory Corporation of America Holdings, 10788 Roselle Street, San Diego, CA 92121, 800-882-7272 (Formerly: Poisonlab, Inc.)</FP>
        <FP SOURCE="FP-1">Laboratory Corporation of America Holdings, 1120 Stateline Road West, Southaven, MS 38671, 866-827-8042/800-233-6339 (Formerly: LabCorp Occupational Testing Services, Inc., MedExpress/National Laboratory Center)</FP>
        <FP SOURCE="FP-1">Marshfield Laboratories, Forensic Toxicolgy Laboratory, 1000 North Oak Ave., Marshfield, WI 54449, 715-389-3734/800-331-3734</FP>
        <FP SOURCE="FP-1">MAXXAM Analytics Inc.,* 5540 McAdam Rd., Mississauga, ON, Canada L4Z 1P1, 905-890-2555 (Formerly: NOVAMANN (Ontario) Inc.)</FP>
        <FP SOURCE="FP-1">Medical College Hospitals Toxicology Laboratory, Department of Pathology, 3000 Arlington Ave., Toledo, OH 43699, 419-383-5213</FP>
        <FP SOURCE="FP-1">MedTox Laboratories, Inc., 402 W. County Rd. D, St. Paul, MN 55112, 651-636-7466/800-832-3244</FP>
        <FP SOURCE="FP-1">MetroLab-Legacy Laboratory Services, 1225 NE 2nd Ave., Portland, OR 97232, 503-413-5295/800-950-5295</FP>
        <FP SOURCE="FP-1">Minneapolis Veterans Affairs Medical Center, Forensic Toxicology Laboratory, 1 Veterans Drive, Minneapolis, Minnesota 55417, 612-725-2088</FP>
        <FP SOURCE="FP-1">National Toxicology Laboratories, Inc., 1100 California Ave., Bakersfield, CA 93304, 661-322-4250 / 800-350-3515</FP>
        <FP SOURCE="FP-1">Northwest Drug Testing, a division of NWT Inc., 1141 E. 3900 South, Salt Lake City, UT 84124, 801-293-2300 / 800-322-3361 (Formerly: NWT Drug Testing, NorthWest Toxicology, Inc.)</FP>
        <FP SOURCE="FP-1">One Source Toxicology Laboratory, Inc., 1705 Center Street, Deer Park, TX 77536, 713-920-2559 (Formerly: University of Texas medical Branch, Clinical Chemistry Division; UTMB Pathology-Toxicology Laboratory)</FP>
        <FP SOURCE="FP-1">Oregon Medical Laboratories, P.O. Box 972, 722 East 11th Ave., Eugene, OR 97440-0972, 541-687-2134</FP>
        <FP SOURCE="FP-1">Pacific Toxicology Laboratories, 6160 Variel Ave., Wooddland Hills, CA 91367, 818-598-3110 / 800-328-6942 (Formerly: Centinela Hospital Airport Toxicology Laboratory</FP>
        <FP SOURCE="FP-1">Pathology Associates Medical Laboratories, 11604 E. Indiana Ave., Spokane, WA 99206, 509-926-2400 / 800-541-7891</FP>

        <FP SOURCE="FP-1">PharmChem Laboratories, Inc., Texas Division, 7606 Pebble Dr., Fort Worth, <PRTPAGE P="46287"/>TX 76118, 817-215-8800 (Formerly: Harris Medical Laboratory)</FP>
        <FP SOURCE="FP-1">Physicians Reference Laboratory, 7800 West 110th St., Overland Park, KS 66210, 913-339-0372 / 800-821-3627</FP>
        <FP SOURCE="FP-1">Quest Diagnostics Incorporated, 3175 Presidential Dr., Atlanta, GA 30340, 770-452-1590 (Formerly: SmithKline Beecham Clinical Laboratories, SmithKline Bio-Science Laboratories)</FP>
        <FP SOURCE="FP-1">Quest Diagnostics Incorporated, 444 Giddings Road, Auburn Hills, MI 48326, 248-373-9120 / 800-444-0106 (Formerly: HealthCare/Presferred Laboratories, HealthCare/MetPath, CORNING Clinical Laboratories)</FP>
        <FP SOURCE="FP-1">Quest Diagnostics Incorporated, 4770 Regent Blvd., Irving, TX 75063, 800-842-6152 (Moved from the Dallas location on 03/31/01; Formerly: SmithKline Beecham Clinical Laboratories, SmithKline Bio-Science Laboratories)</FP>
        <FP SOURCE="FP-1">Quest Diagnostics Incorporated, 801 East Dixie Ave., Suite 105A, Leesburg, FL 34748, 352-787-9006x4343 (Formerly: SmithKline Beecham Clinical Laboratories, Doctors &amp; Physicians Laboratory)</FP>
        <FP SOURCE="FP-1">Quest Diagnostics Incorporated, 400 Egypt Rd., Norristown, PA 19403, 610-631-4600 / 800-877-7484 (Formerly: SmithKline Beecham Clinical Laboratories, SmithKline Bio-Science Laboratories)</FP>
        <FP SOURCE="FP-1">Quest Diagnostics Incorporated, 506 E. State Pkwy., Schaumburg, IL 60173, 800-669-6995/847-885-2010 (Formerly: SmithKline Beecham Clinical Laboratories, International Toxicology Laboratories)</FP>
        <FP SOURCE="FP-1">Quest Diagnostics Incorporated, 7470 Mission Valley Rd., San Diego, CA 92108-4406, 619-686-3200 / 800-446-4728 (Formerly: Nichols Institute, Nichols Institute Substance Abuse Testing (NISAT), CORNING Nichols Institute, CORNING Clinical Laboratories)</FP>
        <FP SOURCE="FP-1">Quest Diagnostics Incorporated, One Malcolm Ave., Teterboro, NJ 07608, 201-393-5590 (Formerly: MetPath, Inc., CORNING MetPath Clinical Laboratories, CORNING Clinical Laboratory)</FP>
        <FP SOURCE="FP-1">Quest Diagnostics Incorporated, 7600 Tyrone Ave., Van Nuys, CA 91405, 818-989-2520/800-877-2520 (Formerly: SmithKline Beecham Clinical Laboratories)</FP>
        <FP SOURCE="FP-1">Scientific Testing Laboratories, Inc., 463 Southlake Blvd., Richmond, VA 23236, 804-378-9130</FP>
        <FP SOURCE="FP-1">S.E.D. Medical Laboratories, 5601 Office Blvd., Albuquerque, NM 87109, 505-727-6300/800-999-5227</FP>
        <FP SOURCE="FP-1">South Bend Medical Foundation, Inc., 530 N. Lafayette Blvd., South Bend, IN 46601, 219-234-4176</FP>
        <FP SOURCE="FP-1">Southwest Laboratories, 2727 W. Baseline Rd., Tempe, AZ 85283, 602-438-8507/800-279-0027</FP>
        <FP SOURCE="FP-1">Sparrow Health System, Toxicology Testing Center, St. Lawrence Campus, 1210 W. Saginaw, Lansing, MI 48915, 517-377-0520 (Formerly: St. Lawrence Hospital &amp; Healthcare System)</FP>
        <FP SOURCE="FP-1">St. Anthony Hospital Toxicology Laboratory, 1000 N. Lee St., Oklahoma City, OK 73101, 405-272-7052</FP>
        <FP SOURCE="FP-1">Toxicology &amp; Drug Monitoring Laboratory, University of Missouri Hospital &amp; Clinics, 2703 Clark Lane, Suite B, Lower Level, Columbia, MO 65202, 573-882-1273</FP>
        <FP SOURCE="FP-1">Toxicology Testing Service, Inc., 5426 N.W. 79th Ave., Miami, FL 33166, 305-593-2260</FP>
        <FP SOURCE="FP-1">Universal Toxicology Laboratories (Florida), LLC, 5361 NW 33rd Avenue, Fort Lauderdale, FL 33309, 954-717-0300, 800-522-0232x419 (Formerly: Integrated Regional Laboratories, Cedars Medical Center, Department of Pathology)</FP>
        <FP SOURCE="FP-1">Universal Toxicology Laboratories, LLC, 9930 W. Highway 80, Midland, TX 79706, 915-561-8851/888-953-8851</FP>
        
        <EXTRACT>
          <P>* The Standards Council of Canada (SCC) voted to end its Laboratory Accreditation Program for Substance Abuse (LAPSA) effective May 12, 1998. Laboratories certified through that program were accredited to conduct forensic urine drug testing as required by U.S. Department of Transportation (DOT) regulations. As of that date, the certification of those accredited Canadian Laboratories will continue under DOT authority. The responsibility for conducting quarterly performance testing plus periodic on-site inspections of those LAPSA-accredited Laboratories was transferred to the U.S. DHHS, with the DHHS' National Laboratory Certification Program (NLCP) contractor continuing to have an active role in the performance testing and laboratory inspection processes. Other Canadian Laboratories wishing to be considered for the NLCP may apply directly to the NLCP contractor just as U.S. Laboratories do.</P>
          <P>Upon finding a Canadian laboratory to be qualified, the DHHS will recommend that DOT certify the laboratory (Federal Register, 16 July 1996) as meeting the minimum standards of the “Mandatory Guidelines for Workplace Drug Testing” (59 Federal Register, 9 June 1994, Pages 29908-29931). After receiving the Dot certification, the laboratory will be included in the monthly list of DHHS certified Laboratories and participate in NLCP certification maintenance program.</P>
        </EXTRACT>
        <SIG>
          <NAME>Richard Kopanda,</NAME>
          <TITLE>Executive Officer, Substance Abuse and Mental Health Services Administration.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-21892  Filed 8-31-01; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4160-20-M</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF JUSTICE</AGENCY>
        <SUBJECT>Notice of Lodging of Consent Decree Pursuant to the Clean Water Act and Oil Pollution Control Act of 1990</SUBJECT>

        <P>In accordance with 28 CFR 50.7, notice is hereby given that on August 23, 2001 a proposed consent decree in <E T="03">United States</E> v. <E T="03">Tesoro Hawaii Corporation</E>, Civil Action No. 01-00560 SOM LEK, was lodged with the United States District Court for the District of Hawaii.</P>
        <P>This action arose out of the August 24, 1998 oil spill from Tesoro's single-point mooring facility located offshore of Barber's Point, Oahu, Hawaii. The United States alleges that oil from the oil spill caused injuries to natural resources in and around Kauai. The consent decree requires the company to carry out a net removal project, and pay a total of $580,000 allocated as follows: $500,000 for natural resources restoration projects compensating for injuries to wildlife and habitat, $10,000 for restoration projects compensating for lost human use, $15,000 as a penalty to the State of Hawaii, and $55,000 to the State as a state supplemental environmental project.</P>

        <P>The Department of Justice will receive, for a period of thirty (30) days from the date of this publication, comments on the proposed consent decree. Comments should be addressed to the Assistant Attorney General for the Environment and Natural Resources Division, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and should refer to <E T="03">United States</E> v. <E T="03">Tesoro Hawaii Corporation</E>, Civil Action No. 01-00560 SOM LEK, DOJ No. 90-5-2-1-2124/2.</P>

        <P>The proposed consent decree may be examined at the office of the United States Attorney, Suite 6100, Box 50183, 300 Ala Moana Boulevard, Honolulu, Hawaii 96850, and may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611. To request a copy of the proposed consent decree by mail, please refer to <E T="03">United States</E> v. <E T="03">Tesoro Hawaii Corporation</E>, Civil Action No. Civil 01-00560 SOM LEK, DOJ No. 90-5-2-1-2124/2, and enclose a check for the amount of $7.75 (25 cents per page reproduction cost) payable to the Consent Decree Library.</P>
        <SIG>
          <NAME>Ellen Mahan,</NAME>
          <TITLE>Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 01-22118 Filed 8-31-01; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4410-15-M</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="46288"/>
        <AGENCY TYPE="S">DEPARTMENT OF JUSTICE</AGENCY>
        <SUBAGY>Immigration and Naturalization Service</SUBAGY>
        <DEPDOC>[INS No. 2151-01; AG Order No. 2506-2001]</DEPDOC>
        <RIN>RIN 1115-AE26</RIN>
        <SUBJECT>Extension and Redesignation of Somalia under Temporary Protected Status Program</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Immigration and Naturalization Service, Justice.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice. </P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>On September 16, 1991, the Attorney General designated Somalia under the Temporary Protected Status (TPS) program for a 12-month period that expired on September 16, 1992. That initial designation allowed eligible nationals of Somalia (and aliens having no nationality who last habitually resided in Somalia) who had continuously resided in the United States since September 16, 1991, to apply for TPS. That initial designation has been extended each subsequent year. Presently, TPS for Somalia is scheduled to expire on September 17, 2001.</P>
          <P>This notice extends the TPS designation for Somalia for another 12-month period (until September 17, 2002) and sets forth the procedures by which nationals of Somalia (and aliens having no nationality who last habitually resided in Somalia) who previously registered for TPS may re-register for the TPS program.</P>
          <P>This notice also redesignates Somalia under the TPS program, thereby expanding TPS eligibility to include nationals of Somalia (and aliens having no nationality who last habitually resided in Somalia) who, among other requirements described in this notice, have been “continuously physically present in the United States” since September 4, 2001.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">EFFECTIVE DATES:</HD>
          <P> </P>
          <P>
            <E T="03">Extension of designation and reregistration.</E> The extension of Somalia's TPS designation is effective September 17, 2001, and will remain in effect until September 17, 2002. Nationals of Somalia (and aliens having no nationality who last habitually resided in Somalia) who are currently registered under the TPS program must reregister during the 90-day period from September 4, 2001 until December 3, 2001.</P>
          <P>
            <E T="03">Redesignation.</E> The redesignation of Somalia under the TPS program is effective September 4, 2001 and will remain in effect until September 17, 2002. The registration period for TPS under the redesignation begins on September 4, 2001 and will remain in effect until September 17, 2002.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Rebecca Peters, Program Analyst, Residence and Status Services, Adjudications Division, Immigration and Naturalization Service, 425 I Street, NW, Room 3040, Washington, DC 20536, telephone (202) 514-4754.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD2">What is the statutory authority for the Attorney General to extend Somalia's TPS designation under the TPS program?</HD>
        <P>Section 244(b)(3)(A) of the Immigration and Nationality  Act (Act) states that at least 60 days before the end of a designation, or any extension thereof, the Attorney General must review conditions in the foreign state for which the designation is in effect. 8 U.S.C. 1254a(b)(3)(A). If the Attorney General does not determine under this section that the foreign state no longer meets the conditions for designation, the period of designation is automatically extended for 6 months pursuant to section 244(b)(3)(C) of the Act. 8 U.S.C. 1254a(b)(3)(C). The period of designation may, however, be extended for a period of 12 or 18 months at the Attorney General's discretion. 8 U.S.C. 1254a(b)(3)(C). Such an extension makes TPS available only to persons who have been continuously physically present in, and who have continuously resided in, the United States from the effective date of the initial designation, in this case, since September 16, 1991.</P>
        <HD SOURCE="HD2">What is the statutory authority for the Attorney General to redesignate Somalia for TPS?</HD>
        <P>Section 244 of the Act implicitly authorizes the Attorney General to redesignate a foreign state (or part of such foreign state) under the TPS program. Whereas extension of an existing TPS designation extends benefits only to those who previously registered for TPS under the earlier designation, redesignation broadens the potential class of TPS beneficiaries. Redesignation expands TPS eligibility to include both those who were present in the United States before the effective date of the earlier designation but failed to register during the earlier designation period and those who arrived in the United States after the effective date of the earlier designation, but on or before, the effective date of the re-designation. 8 U.S.C. 1254a(c)(1)(A).</P>
        <HD SOURCE="HD2">Why did the Attorney General decide both to extend Somalia's designation and to redesignate Somalia under the TPS program?</HD>
        <P>On September 16, 1991, the Attorney General designated Somalia under the TPS program. Since that time, the Attorney General and the Department of State have continuously examined conditions in Somalia. A recent Department of State report on conditions in Somalia found that “[o]pen conflict remains a fact of life in southern Somalia, where numerous actors compete for land and power. While northern regions of Somalia are relatively stable and peaceful, their security is jeopardized by the instability in the [S]outh.” The report further states that “[t]he current security situation in southern Somalia makes the return of Somalis from the United States dangerous. Major regions of the country are under the control of bandits and the population is beyond the reach of the rule of law. The country's nascent institutions are not able to adequately address the demands of a ravaged population, nor would they be able to document or accommodate a large volume of returns. Somalis within the country rely on family connections and collective security for survival. New arrivals, outside this network, would be vulnerable in the extreme.”</P>
        <P>The Resource Information Center of the Immigration and Naturalization Service (Service) recently prepared a report that concludes that “[f]ighting occurred in Mogadishu this March on the largest scale in years. Gunmen continue to ambush civilians and political figures alike.” According to the report, “[k]idnappings occur frequently, and with no functioning government-wide judicial system crimes are often ignored. Drought, malnutrition, and cholera continue to ravage the country.”</P>

        <P>Based on these findings, the Attorney General has determined that conditions in Somalia warrant both the extension and redesignation of Somalia under the TPS program. This order will extend TPS for those nationals of Somalia (and aliens having no nationality who last habitually resided in Somalia) who registered under the initial designation of TPS, while also opening the program to both those who failed to register during the intial designation period and those who arrived in the United States after the effective date of the earlier designation, but on or before the effective date of redesignation. 8 U.S.C. 1254a(c)(1)(A).<PRTPAGE P="46289"/>
        </P>
        <HD SOURCE="HD2">If I currently have TPS through the Somalia TPS program, do I still need to reregister for TPS?</HD>
        <P>Yes. If you currently have TPS through the Somalia TPS program, your status will expire on September 17, 2001. Accordingly, you must reregister for TPS in order to maintain your status through September 17, 2002. See the reregistration instructions below.</P>
        <HD SOURCE="HD2">If I am currently registered for TPS, how do I reregister for an extension?</HD>
        <P>All persons previously granted TPS under the Somalia program who wish to maintain such status must apply for an extension by filing the following: (1) A Form I-821, without the $50 filing fee, (2) a Form I-765, Application for Employment Authorization, and (3) two identification photographs (1<FR>1/2</FR> inches × 1<FR>1/2</FR> inches). See Chart 1 below to determine whether you must submit the $100 filing fee with a Form I-765. Children who are beneficiaries of TPS and who have reached the age of 14, but who were not previously fingerprinted, must pay the $25 fingerprint fee upon their next application for extension.</P>
        <GPOTABLE CDEF="s100,r100" COLS="2" OPTS="L2,i1">
          <TTITLE>Chart 1.—Filing Fee for Form I-765 Under TPS Extension </TTITLE>
          <BOXHD>
            <CHED H="1">If </CHED>
            <CHED H="1">Then </CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">You are applying for employment authorization through September 17, 2002 </ENT>
            <ENT>You must complete and file: <LI>Form I-765, Application for Employment Authorization, with the $100 filing fee. </LI>
            </ENT>
          </ROW>
          <ROW>
            <ENT I="01">You already have employment authorization or do not require employment authorization </ENT>
            <ENT>You must complete and file: <LI>(1) Form I-765, with no filing fee. </LI>
            </ENT>
          </ROW>
          <ROW>
            <ENT I="01">You are applying for employment authorization and are requesting a fee waiver</ENT>
            <ENT>You must complete and file: <LI>(1) Fee waiver request and affidavit (and any other information) in accordance with 8 CFR 244.20, and </LI>
              <LI>(2) Form I-765, with no fee. </LI>
            </ENT>
          </ROW>
        </GPOTABLE>
        <P>Submit the completed forms and applicable fee, if any, to the Immigration and Naturalization Service district office having jurisdiction over your place of residence during the 90-day reregistration period that begins on September 4, 2001 and ends on December 3, 2001 (inclusive of such end date). </P>
        <P>If you fail to reregister during the 90-day reregistration period, you may apply for TPS under the redesignation, as described below.</P>
        <HD SOURCE="HD2">If I am not currently registered for TPS, how do I register under the redesignation?</HD>
        <P>Applicants who are not currently registered for TPS may register under the redesignation by submitting:</P>
        <P>(1) A Form I-821, Application for Temporary Protected Status, with the $50 processing fee or a request for a fee waiver;</P>
        <P>(2) A Form I-765, Application for Employment Authorization;</P>
        <P>(3) Two identification photographs (1<FR>1/2</FR> x 1<FR>1/2</FR> inches);</P>
        <P>(4) Supporting evidence, as provided in 8 CFR 244.9 (describing evidence necessary to establish eligibility for TPS benefits); and </P>
        <P>(5) For every applicant who is 14 years of age or older, a $25 fingerprint fee. 8 CFR 244.6.</P>
        <P>Although a complete application must include the fingerprint fee for every applicant who is 14 years of age or older, applicants should not submit a completed fingerprint card (FD-258, Applicant Card) with the application package. The application will be accepted without the fingerprint card attached. After the Service receives the application, the Service will mail an appointment letter with instructions to appear for fingerprinting at a Service-authorized site. See Chart 2 below to determine what fees must be submitted with the application package and to obtain information on requesting a fee waiver(s).</P>
        <P>Submit the completed forms and applicable fees to the Service district office having jurisdiction over your place of residence during the registration period that begins September 4, 2001 and ends September 17, 2002 (inclusive of such end date).</P>
        <GPOTABLE CDEF="s100,r100" COLS="2" OPTS="L2,i1">
          <TTITLE>Chart 2.—Filing Fees for Form I-821 and Form I-765 Under TPS Re-Designation </TTITLE>
          <BOXHD>
            <CHED H="1">If </CHED>
            <CHED H="1">Then </CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">You are applying for TPS and employment authorization through September 17, 2002</ENT>
            <ENT>You must complete and file: <LI>(1) Form I-821, Application for Temporary Protected Status, with fee ($50). </LI>
              <LI>(2) Form I-765, Application for Employment Authorization, with fee ($100), and </LI>
              <LI>(3) Fingerprint fee ($25). </LI>
            </ENT>
          </ROW>
          <ROW>
            <ENT I="01">You already have employment authorization or do not require employment authorization</ENT>
            <ENT>You must complete and file: <LI>(1) Form I-821, with fee ($50). </LI>
              <LI>(2) Form I-765, with no fee, and </LI>
              <LI>(3) Fingerprint fee ($25). </LI>
            </ENT>
          </ROW>
          <ROW>
            <ENT I="01">You are applying for TPS and employment authorization and are requesting a fee waiver for the Form I-821 fee ($50), or Form I-765 fee ($100)</ENT>
            <ENT>You must complete and file: <LI>(1) Fee waiver request and affidavit (and any other information) in accordance with 8 CFR 244.20, </LI>
              <LI>(2) Form I-821, with no fee, </LI>
              <LI>(3) Form I-765, with no fee, and</LI>
              <LI>(4) Fingerprint fee ($25). </LI>
            </ENT>
          </ROW>
        </GPOTABLE>
        <PRTPAGE P="46290"/>
        <HD SOURCE="HD2">What are the requirements for nationals of Somalia (or persons who have no nationality and who last habitually resided in Somalia) to demonstrate that they have been “continuously physically present” and have “continuously resided” in the United States?</HD>
        <P>All applicants for TPS must demonstrate that they have been “continuously physically present,” and have “continuously resided,” in the United States since September 4, 2001. “Continuously physically present” means actual physical presence in the United States for the entire period specified. An applicant shall not be considered to have failed to maintain continuous physical presence in the United States by virtue of “brief, casual, and innocent absence’s, as the phrase is defined in 8 CFR 244.1. “Continuously resided” means residing in the United States for the entire period specified. An applicant will not be considered to have failed to maintain continuous residence in the United States by reason of a brief, casual, and innocent absence or due merely to a brief, temporary trip abroad required by emergency or extenuating circumstances outside the control of the applicant.</P>
        <P>For new applicants who seek to register for the first time under the redesignation of Somalia for TPS, 8 CFR 244.9 provides a non-exhaustive list of documents that applicants may use to demonstrate their identity, nationality, and residency.</P>
        <P>For those individuals who previously registered for TPS and who seek to reregister under the extension of TPS for Somalia, completing the block on the Form I-821 attesting to the continued maintenance of the conditions of eligibility will generally preclude the need for supporting documents or evidence. The Service, however, reserves the right to request additional information and/or documentation on a case-by-case basis.</P>
        <HD SOURCE="HD2">Notice of Extension of Designation and Re-Designation of Somalia Under the TPS Program</HD>
        <P>By the authority vested in me as Attorney General under section 244 of the Act, and as required by sections 244(b)(3)(A) and (C), and 244(b)(1) of the Act, I have consulted with the appropriate government agencies concerning the redesignation of Somalia under the TPS program and the extension of that state's current TPS designation. Based on these consultations, I find the following:</P>
        <P>(1) There exist extraordinary and temporary conditions in Somalia that prevent aliens who are nationals of Somalia (and aliens having no nationality who last habitually resided in Somalia) from returning to Somalia in safety; and</P>
        <P>(2) Permitting nationals of Somalia (and aliens having no nationality who last habitually resided in Somalia) to remain temporarily in the United States is not contrary to the national interest of the United State. 8 U.S.C. 1254a(b)(1)(C).</P>
        <P>Accordingly, I order as follows:</P>
        <P>(1) The designation of Somalia is extended for the 12-month period spanning from September 17, 2001, to September 17, 2002. 8 U.S.C. 1254a(b)(3)(A) and (C). Nationals of Somalia (and aliens having no nationally who last habitually resided in Somalia) who received TPS during the initial designation period may apply for an extension of TPS during the 90-day reregistration period from September 4, and December 3, 2001.</P>
        <P>(2) Somalia is redesignated for TPS for the period effective from September 4, 2001 until September 17, 2002. 8 U.S.C. 1254a(b) (2). Nationals of Somalia (and aliens having no nationality who last habitually resided in Somalia) who have been “continuously physically present” and have “continuously resided” in the United States on or before September 4, 2001 may apply for TPS within the registration period, which begins September 4, 2001 and ends on September 17, 2002 (inclusive of such end date).</P>
        <P>(3) I estimate that there are approximately 300 nationals of Somalia (or aliens who have no nationality and who last habitually resided in Somalia) who were granted TPS and are eligible for reregistration, and no more than 7,000 nationals of Somalia (or aliens who have no nationality and who last habitually resided in Somalia) who are not currently registered for TPS, but who are eligible for TPS under this re-designation.</P>
        <P>(4) In order to maintain TPS, a national of Somalia (or an alien having no nationality who last habitually resided in Somalia) who is currently registered for TPS must reregister by filing the Form I-821, together with the Form I-765, and two identification photographs (1<FR>1/2</FR> inches by 1<FR>1/2</FR> inches) within the 90-day period beginning September 4, 2001 and ending on December 3, 2001 (inclusive of such end date). There is no fee for a Form I-821 filed as part of the reregistration application. A Form I-765 must be filed with the Form I-821. If the applicant requests employment authorization, he or she must submit $100 or a properly documented fee waiver request, pursuant to 8 CFR 244.20, with the Form I-765. An applicant who does not request employment authorization must nonetheless file the Form I-765 along with the Form I-821, but is not required to submit the fee. The $25 fingerprint fee is required only for children who are beneficiaries of TPS who have reached the age of 14 but were not previously fingerprinted.</P>
        <P>(5) A national of Somalia (or an alien having no nationality who last habitually resided in Somalia) applying for TPS under the redesignation must file the Form I-821, Form I-765, two identification photographs (1<FR>1/2</FR> inches by 1<FR>1/2</FR> inches), and all supporting evidence within the period beginning September 4, 2001 and ending on September 17, 2002. A $50 fee must accompany the Form I-821. If the applicant requests employment authorization, he or she must submit a $100 fee with the Form I-765. A $25 fingerprinting fee must also be submitted for every applicant who is 14 years of age or older. An applicant who does not request employment authorization must nonetheless file the Form I-765 along with the Form I-821, but is not required to submit the $100 fee for the Form I-765. The applicant may request a waiver of the fee(s) in accordance with 8 CFR 244.20.</P>
        <P>(6) Pursuant to section 244(b) (3) (A) of the act, I will review, at least 60 days before September 17, 2002, the designation of Somalia under the TPS program to determine whether the conditions for designation continue to be met.</P>
        <P>(7) Information concerning the extension and redesignation of Somalia under the TPS program will be available upon publication of this notice at local Service offices and on the Service website at http://www.ins.usdoj.gov.</P>
        <SIG>
          <DATED>Dated: August 28, 2001.</DATED>
          <NAME>Larry D. Thompson,</NAME>
          <TITLE>Acting Attorney General.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22152  Filed 8-31-01; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4410-10-M</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="46291"/>
        <AGENCY TYPE="N">DEPARTMENT OF LABOR</AGENCY>
        <SUBAGY>Occupational Safety and Health Administration</SUBAGY>
        <DEPDOC>[Docket No. ICR 1218-TWOW (2001)]</DEPDOC>
        <SUBJECT>State Plans for the Development and Enforcement of Standards; Office of Management and Budget (OMB) Approval of Information-Collection (Paperwork) Requirements; 29 CFR Parts 1902, 1952, 1953, 1954, 1955, 1956</SUBJECT>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P> Notice of opportunity for public comment.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Occupational Safety and Health Administration (OSHA) solicits public comment concerning its request for Office of Management and Budget (OMB) approval of the information collection requirements associated with its regulations regarding State Plans for the development and enforcement of standards. Section 18 of the Occupational Safety and Health Act offers an opportunity to the States to assume responsibility for the development and enforcement of State standards through the mechanism of an OSHA-approved State Plan. Absent an approved plan States are precluded from enforcing occupational safety and health standards with respect to an issue that is addressed by OSHA. In order to obtain and maintain State Plan approval, a State must submit various documents to OSHA describing its program operation under 29 CFR Parts 1902, 1952, 1953, 1954, 1955, and 1956.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Submit written comments on or before November 5, 2001.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Submit written comments to the Docket Office, Docket No. ICR 1218-TWOW (2001), Occupational Safety and Health Administration, U.S. Department of Labor, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210. Telephone: (202) 693-2350. Commenters may transmit written comments of 10 pages or less by facsimile to (202) 693-1648.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Diane Price, Directorate of Federal-State Operations, Office of State Programs, Occupational Safety and Health Administration, U.S. Department of Labor, Room N-3700, 200 Constitution Avenue, NW., Washington, DC 20210, telephone; (202) 693-2244, e-mail <E T="03">Diane.Price@osha.gov.</E> A copy of the agency's Information Collection Request (ICR) supporting the need for the information collections specified in these regulations is available for inspection and copying in the Docket Office, or by requesting a copy from Todd Owen at (202) 693-2444. For electronic copies of the ICR contact OSHA on the Internet at <E T="03">http://www.osha.gov/comp-links.html</E> and select “Information Collection Requests.”</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">I. Background</HD>
        <P>The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA 95) (44 U.S.C. 3506(c)(2)(A)). This program ensures that information is in the desired format, has practical utility, reporting burden (time and cost) is minimized, collection instruments are understandable, and OSHA's estimate of the information collection burden is correct. Currently, OSHA is soliciting comments concerning the information collection requirements contained in the series of regulations establishing requirements for the initial approval, continuing approval, final approval, monitoring and evaluation of OSHA-approved State Plans:</P>
        
        <FP SOURCE="FP-1">29 CFR part 1902, State Plans for the Development and Enforcement of State Standards;</FP>
        <FP SOURCE="FP-1">29 CFR part 1952, Approved State Plans for Enforcement of State Standards;</FP>
        <FP SOURCE="FP-1">29 CFR part 1953, Changes to State Plans for the Development and Enforcement of State Standards;</FP>
        <FP SOURCE="FP-1">29 CFR part 1954, Procedures for the Evaluation and Monitoring of Approved State Plans;</FP>
        <FP SOURCE="FP-1">29 CFR part 1955, Procedures for Withdrawal of Approval of State Plans; </FP>
        <FP SOURCE="FP-1">29 CFR part 1956, State Plans for the Development and Enforcement of State Standards Applicable to State and Local Government Employees in States without Approved Private Employee Plans</FP>
        <HD SOURCE="HD1">II. Special Issues for Comment</HD>
        <P>OSHA has a particular interest in comments on the following issues:</P>
        <P>• Whether the proposed collection of information is necessary for the proper performance of OSHA's functions, including whether the information is useful;</P>
        <P>• The accuracy of OSHA's estimate of the burden (time and cost) of the information collection requirements, including the validity of the methodology and assumptions used;</P>
        <P>• The quality, utility, and clarity of the information collected; and</P>
        <P>• Ways to minimize the burden on participating States, for example, by using automated or other technological information collection and transmission techniques.</P>
        <HD SOURCE="HD3">III. Proposed Actions</HD>
        <P>OSHA is requesting OMB approval of the collection-of-information requirements associated with its State Plan regulations. Specifically, OSHA is requesting approval of a total burden-hour estimate of 9,874 hours affecting the 26 States that currently operate OSHA-approved State plans:</P>
        <GPOTABLE CDEF="s50,10" COLS="2" OPTS="L2,tp0,i1">
          <TTITLE>  </TTITLE>
          <BOXHD>
            <CHED H="1">Information collection requirement </CHED>
            <CHED H="1">Estimated burden hours </CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">State Plan Submission and Approval 29 CFR 1902, 1952, Subparts A-C, 1952, Subpart A </ENT>
            <ENT>
              <SU>1</SU> 0 </ENT>
          </ROW>
          <ROW>
            <ENT I="01">State Plan Changes 29 CFR 1953 </ENT>
            <ENT>2,360 </ENT>
          </ROW>
          <ROW RUL="n,s">
            <ENT I="01">State Plan Monitoring Activities 29 CFR 1954 </ENT>
            <ENT>7,514 </ENT>
          </ROW>
          <ROW>
            <ENT I="03">Total </ENT>
            <ENT>9,874 </ENT>
          </ROW>
          <TNOTE>
            <SU>1</SU> No State Plans currently pending; 2000 burden hours for active collection. </TNOTE>
        </GPOTABLE>
        <P>The Agency will summarize the comments submitted in response to this notice. OSHA will then include this summary in its request to OMB to approve these information collection requirements.</P>
        <P>
          <E T="03">Type of Review:</E> New.</P>
        <P>
          <E T="03">Agency:</E> U.S. Department of Labor, Occupational Safety and Health Administration.</P>
        <P>
          <E T="03">Title:</E> State Plans for the Development and Enforcement of Standards.</P>
        <P>
          <E T="03">OMB Number:</E> 1218-0NEW.</P>
        <P>
          <E T="03">Agency Number:</E> Docket Number ICR-1218-TWOW (2001).</P>
        <P>
          <E T="03">Affected Public:</E> Designated State government agencies which have submitted and obtained approval for State Plans for the development and enforcement of occupational safety and health standards.</P>
        <P>
          <E T="03">Number of Respondents:</E> 26.</P>
        <P>
          <E T="03">Frequency of Response:</E> On occasion; quarterly; annually.</P>
        <P>
          <E T="03">Average Time Per Response:</E> Varies from 1 hour to respond to an information survey to 80 hours to document State annual performance goals.</P>
        <P>
          <E T="03">Estimated total burden hours:</E> 9,874.</P>
        <P>
          <E T="03">Estimated Cost:</E> 0. There are no capital or start-up costs.</P>
        <HD SOURCE="HD1">IV. Authority and Signature</HD>

        <P>John L. Henshaw, Assistant Secretary of Labor for Occupational Safety and Health, directed the preparation of this notice. The authority for this notice is <PRTPAGE P="46292"/>the Paperwork Reduction Act of 1995 (44 U.S.C. 3506) and Secretary of Labor's Order No. 3-2000 (65 FR 50017).</P>
        <SIG>
          <DATED>Signed at Washington, D.C., on August 28, 2001.</DATED>
          <NAME>John L. Henshaw,</NAME>
          <TITLE>Assistant Secretary of Labor.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22141  Filed 8-31-01; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4510-26-M</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">THE NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES</AGENCY>
        <SUBJECT>Meetings of Humanities Panel</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>The National Endowment for the Humanities.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of meetings. </P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>Pursuant to the provisions of the Federal Advisory Committee Act (Public Law 92-463, as amended), notice is hereby given that the following meetings of the Humanities Panel will be held at the Old Post Office, 1100 Pennsylvania Avenue, NW., Washington, DC 20506.</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Laura S. Nelson, Advisory Committee Management Officer, National Endowment for the Humanities, Washington, DC 20506; telephone (202) 606-8322. Hearing-impaired individuals are advised that information on this matter may be obtained by contacting the Endowment's TDD terminal on (202) 606-8282.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The proposed meetings are for the purpose of panel review, discussion, evaluation and recommendation on applications for financial assistance under the National Foundation on the Arts and the Humanities Act of 1965, as amended, including discussion of information given in confidence to the agency by the grant applicants. Because the proposed meetings will consider information that is likely to disclose trade secrets and commercial or financial information obtained from a person and privileged or confidential and/or information of a personal nature the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, pursuant to authority granted me by the Chairman's Delegation of Authority to Close Advisory Committee meetings, dated July 19, 1993, I have determined that these meetings will be closed to the public pursuant to subsections (c)(4), and (6) of section 552b of Title 5, United States Code.</P>
        <P>1. <E T="03">Date:</E> September 19, 2001.</P>
        <P>
          <E T="03">Time:</E> 9 a.m. to 5 p.m.</P>
        <P>
          <E T="03">Room:</E> 415.</P>
        <P>
          <E T="03">Program: </E>This meeting will review applications for Regional Humanities Centers, Implementation Phase, submitted to the Office of Challenge Grants at the August 1, 2001 deadline.</P>
        
        <P>2. <E T="03">Date:</E> September 21, 2001.</P>
        <P>
          <E T="03">Time:</E> 9 a.m. to 5 p.m.</P>
        <P>
          <E T="03">Room:</E> 415.</P>
        <P>
          <E T="03">Program:</E> This meeting will review applications for Regional Humanities Centers, Implementation Phase, submitted to the Office of Challenge Grants at the August 1, 2001 deadline. </P>
        <SIG>
          <NAME>Laura S. Nelson,</NAME>
          <TITLE>Advisory Committee Management Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22143  Filed 8-31-01; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 7536-01-M</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">NATIONAL SCIENCE FOUNDATION</AGENCY>
        <SUBJECT>Notice of Intent To Seek Approval To Carry Out a New Information Collection</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Science Foundation.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice and request for comments. </P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The National Science Foundation (NSF) is announcing plans to request clearance of this collection. In accordance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 (Pub. L. 104-13), we are providing opportunity for public comment on this action. After obtaining and considering public comment, NSF will prepare the submission requesting that OMB approve clearance of this collection for three years.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Written comments on this notice must be received by November 5, 2001 to be assured of consideration. Comments received after that date will be considered to the extent practicable.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR ADDITIONAL INFORMATION OR COMMENTS:</HD>

          <P>Contact Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation, 4201 Wilson Boulevard, Suite 295, Arlington, Virginia 22230; telephone 703-292-7556; or send email to <E T="03">splimpto@nsf.gov.</E> Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay service (FIRS) at 1-800-877-8339 between 8 a.m. and 8 p.m., Eastern time, Monday through Friday. You also may obtain a copy of the data collection instrument and instructions from Ms. Plimpton.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P SOURCE="NPAR">
          <E T="03">Title of Collection:</E> “eRecruitment” System.</P>
        <P>
          <E T="03">OMB Number: </E>3145-NEW.</P>
        <P>
          <E T="03">Expiration Date of Approval: </E>Not applicable.</P>
        <P>
          <E T="03">Type of Request: </E>Intent to seek approval to carry out a new information collection.</P>
        <HD SOURCE="HD1">Abstract</HD>
        <P>National Science Foundation (NSF), Division of Human Resources (HRM), as part of its Workforce Planning efforts, is reengineering its business processes. Part of this reengineering effort is devoted to making the application and referral process for both internal and external applicants easier to use, more efficient and timely. Applicants will apply on-line using a web-based resume, which will prompt them to provide pertinent personal data necessary to apply for a position.</P>
        <HD SOURCE="HD1">Proposed Project</HD>
        <HD SOURCE="HD2">Use of the Information</HD>
        <P>The information will be used by NSF to provide applicants with the ability to apply electronically for NSF positions and receive notification as to their qualifications, application dispensation and to request to be notified of future vacancies for which they may qualify.</P>
        <P>In order to apply for vacancies, applicants will be required to submit certain data in order to receive consideration. Users only need access to the Internet for this system to work. This information will be used to determine which applicants are best qualified for a position, based on applicant responses to a series of job related “yes/no” or “multiple choice” questions. The resume portion requires applicants to provide the same information they would provide were they were submitting a paper OF-612. The obvious benefit being that the applicant may do so on-line, 24 hours a day/seven days a week and receive electronic notification about the status of their application or information on other vacancies for which they may qualify. Staff members of the Human Resource Division and the selecting official(s) for specific positions for which applicants apply are the only ones privy to the applicant data. The most significant data is not the applicant personal data such as address or phone number but rather their description of their work experience and their corresponding responses to those questions, which determine their overall rating, ranking, and referral to the selecting official.</P>
        <HD SOURCE="HD2">Estimate of Burden</HD>

        <P>Public reporting burden for this collection of information is estimated to average less than 30 to 45 minutes to create the on line resume and <PRTPAGE P="46293"/>potentially less than 10 to 15 minutes to apply for jobs on-line.</P>
        <P>There is no financial burden on the applicant, in fact this should relieve much of the burden the current paper-intensive process puts on applicants.</P>
        <HD SOURCE="HD2">Respondents</HD>
        <P>Individuals. Approximately 4800 applicants apply for NSF vacancies a year. This number could potentially double based on evidence from other agencies that use electronic recruitment systems; the estimated number of responses is 6500.</P>
        <HD SOURCE="HD2">Estimated Number of Responses</HD>
        <P>Approximately 25 responses per job opening.</P>
        <HD SOURCE="HD2">Estimated Total Annual Burden on Respondents</HD>
        <P>Approximately 45 minutes per respondent total time is all that will be needed to complete the on-line application, for a total of 4,875 hours annually.</P>
        <HD SOURCE="HD2">Frequency of Responses</HD>
        <P>Applicants need only complete the resume one time, and they may use that resume to apply as often as they wish for any NSF job opening.</P>
        <HD SOURCE="HD1">Comments</HD>
        <P>Comments are invited on (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information shall have practical utility; (b) the accuracy of the Agency's estimate of the burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information on respondents, including through the use of automated collection techniques or other forms of information technology; and (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.</P>
        <SIG>
          <DATED>Dated: August 29, 2001.</DATED>
          <NAME>Suzanne H. Plimpton,</NAME>
          <TITLE>Reports Clearance Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22148  Filed 8-31-01; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 7555-01-M</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">NATIONAL SCIENCE FOUNDATION</AGENCY>
        <SUBJECT>Notice of Permits Issued Under the Antarctic Conservation Act of 1978</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Science Foundation.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of permits issued under the Antarctic Conservation of 1978, Public Law 95-541. </P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The National Science Foundation (NSF) is required to publish notice of permits issued under the Antarctic Conservation Act of 1978. This is the required notice.</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Nadene G. Kennedy, Permit Office, Office of Polar Programs, Rm. 755, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>On July 17, 2001, the National Science Foundation published a notice in the <E T="04">Federal Register</E> of Waste Management permit applications received. A Waste Management permit was issued on August 28, 2001 to the following applicant: Lars Wikander, Quark Expeditions, Inc.; Permit No.: 2002 WM-001.</P>
        <SIG>
          <NAME>Nadene G. Kennedy,</NAME>
          <TITLE>Permit Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22149 Filed 8-31-01; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 7555-01-M</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">NATIONAL SCIENCE FOUNDATION </AGENCY>
        <SUBJECT>Notice of Meeting</SUBJECT>
        <P>In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation announces the following meeting.</P>
        
        <EXTRACT>
          <P>
            <E T="03">Name:</E> Advisory Committee for Cyberinfrastructure (#10719).</P>
          <P>
            <E T="03">Date/Time:</E> September 14, 2001, 2 p.m.-5 p.m. EDT.</P>
          <P>
            <E T="03">Place:</E> Room 1150, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA.</P>
          <P>
            <E T="03">Type of Meeting:</E> Open.</P>
          <P>Teleconference Meeting. Persons wishing to attend the meeting at NSF should contact Richard Hilderbrandt to arrange for a visitor's pass.</P>
          <P>
            <E T="03">Contact Person:</E> Dr. Richard Hilderbrandt, Program Director, Division of Advanced Computational Infrastructure and Research, Suite 1122, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230. Tel: (703) 292-7093, e-mail <E T="03">rhilderb@nsf.gov.</E>
          </P>
          <P>
            <E T="03">Purpose of Meeting:</E> To develop a plan for the preparation of a report to the National Science Foundation concerning the broad topic of advanced cyberinfrastructure and the evaluation of the existing Partnerships for Advanced Computational Infrastructure.</P>
          <P>
            <E T="03">Agenda:</E> Tentative.</P>
          <P>Report on relevant developments since last meeting.</P>
          <P>Report and discussion from each sub-committee:</P>
          <P>Technology-Functions.</P>
          <P>Needs.</P>
          <P>PACI evaluation.</P>
          <P>NSF Issues.</P>
          <P>Discussion and agreement on next steps and schedule.</P>
          <P>Matters arising.</P>
        </EXTRACT>
        
        <SIG>
          <DATED>Dated: August 28, 2001.</DATED>
          <NAME>Susanne Bolton,</NAME>
          <TITLE>Committee Management Officer.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 01-22153  Filed 8-31-01; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 7555-01-M</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">NUCLEAR REGULATORY COMMISSION </AGENCY>
        <DEPDOC>[Docket Nos. 50-003-LT and 50-247-LT; ASLBP No. 01-792-03-LT] </DEPDOC>
        <SUBJECT>Consolidated Edison Company of New York, Inc. and Entergy Nuclear Indian Point 2, LLC, and Entergy Nuclear Operations, Inc.; Indian Point Nuclear Generating Units 1 and 2; Designation of Presiding Officer </SUBJECT>
        <P>Pursuant to delegation by the Commission,<E T="03"> see</E> 37 FR 28710 (Dec. 29, 1972), CLI-01-19, 54 NRC_ (Aug. 22, 2001), and the Commission's regulations, <E T="03">see</E> 10 CFR 2.1319, notice is hereby given that a single member of the Atomic Safety and Licensing Board Panel is designated as Presiding Officer to conduct further proceedings in accordance with 10 CFR 2.1320 in the following case: </P>
        <HD SOURCE="HD3">Consolidated Edison Company of New York, Inc., Entergy Nuclear Indian Point 2, LLC, and Entergy Nuclear Operations, INC. </HD>
        <FP>(Indian Point Nuclear Generating Units 1 and 2) </FP>

        <P>The hearing will be conducted pursuant to 10 CFR part 2, subpart M, of the Commission's Regulations, “Public Notification, Availability of Documents and Records, Hearing Requests and Procedures for Hearings on License Transfer Applications.” This proceeding concerns an application seeking the Commission's authorization to transfer the ownership interest in, and operating/maintenance responsibility for Indian Point Nuclear Generating Units 1 and 2 from Consolidated Edison Company of New York, Inc., to Entergy Nuclear Indian Point 2, LLC, and Entergy Nuclear Operations, Inc., respectively. The notice of consideration of this transfer request and opportunity for hearing was published in the <E T="04">Federal Register</E>. See 66 FR 8122 (Jan. 29, 2001). </P>

        <P>The Presiding Officer in this proceeding is Administrative Judge Ann Marshall Young. All correspondence, documents, and other materials shall be filed with Judge Young in accordance <PRTPAGE P="46294"/>with 10 CFR 2.1313. Her mail and e-mail addresses are: Administrative Judge Ann Marshall Young, Presiding Officer, Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, E-mail: amy@nrc.gov </P>
        <SIG>
          <DATED>Issued at Rockville, MD., this 28th day of August 2001.</DATED>
          <NAME>G. Paul Bollwerk III,</NAME>
          <TITLE>Chief Administrative Judge, Atomic Safety and Licensing Board Panel.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 01-22138 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 7590-01-P </BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">NUCLEAR REGULATORY COMMISSION </AGENCY>
        <DEPDOC>[Docket Nos. 50-338 and 50-339] </DEPDOC>
        <SUBJECT>Virginia Electric and Power Company, North Anna Power Station, Units 1 and 2; Notice of Intent To Prepare an Environmental Impact Statement and Conduct Scoping Process </SUBJECT>

        <P>Virginia Electric and Power Company (Virginia Power) has submitted an application for renewal of operating licenses NPF-4 and NPF-7 for an additional 20 years of operation at North Anna Power Station (NAPS), Units 1 and 2. NAPS is located in Louisa County, Virginia. The application for renewal was submitted by letter dated May 29, 2001, pursuant to 10 CFR part 54. A notice of receipt of application, including the environmental report (ER), was published in the <E T="04">Federal Register</E> on June 28, 2001 (66 FR 34489). A notice of acceptance for docketing of the application for renewal of the facility operating license was published in the <E T="04">Federal Register</E> on July 27, 2001 (66 FR 39213). The purpose of this notice is to inform the public that the U.S. Nuclear Regulatory Commission (NRC) will be preparing an environmental impact statement in support of the review of the license renewal application and to provide the public an opportunity to participate in the environmental scoping process as defined in 10 CFR 51.29. </P>

        <P>In accordance with 10 CFR 54.23 and 10 CFR 51.53(c), Virginia Power submitted the ER as part of the application. The ER was prepared pursuant to 10 CFR part 51 and is accessible at <E T="03">http://www.nrc.gov/NRC/ADAMS/index.html,</E> which provides access through the NRC's Public Electronic Reading Room (PERR) link. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC Public Document Room (PDR) Reference staff at 1-800-397-4209, or 301-415-4737, or by e-mail to pdr@nrc.gov. </P>
        <P>This notice advises the public that the NRC intends to gather the information necessary to prepare a plant-specific supplement to the Commission's “Generic Environmental Impact Statement (GEIS) for License Renewal of Nuclear Plants,” (NUREG-1437) in support of the review of the application for renewal of the NAPS operating licenses for an additional 20 years. Possible alternatives to the proposed action (license renewal) include no action and reasonable alternative energy sources. 10 CFR 51.95 requires that the NRC prepare a supplement to the GEIS in connection with the renewal of an operating license. This notice is being published in accordance with the National Environmental Policy Act (NEPA) and the NRC's regulations found in 10 CFR part 51. </P>
        <P>The NRC will first conduct a scoping process for the supplement to the GEIS and, as soon as practicable thereafter, will prepare a draft supplement to the GEIS for public comment. Participation in this scoping process by members of the public and local, State, and Federal government agencies is encouraged. The scoping process for the supplement to the GEIS will be used to accomplish the following: </P>
        <P>a. Define the proposed action which is to be the subject of the supplement to the GEIS. </P>
        <P>b. Determine the scope of the supplement to the GEIS and identify the significant issues to be analyzed in depth. </P>
        <P>c. Identify and eliminate from detailed study those issues that are peripheral or that are not significant. </P>
        <P>d. Identify any environmental assessments and other environmental impact statements (EISs) that are being or will be prepared that are related to but are not part of the scope of the supplement to the GEIS being considered. </P>
        <P>e. Identify other environmental review and consultation requirements related to the proposed action. </P>
        <P>f. Indicate the relationship between the timing of the preparation of environmental analyses and the Commission's tentative planning and decision-making schedule. </P>
        <P>g. Identify any cooperating agencies and, as appropriate, allocate assignments for preparation and schedules for completing the supplement to the GEIS to the NRC and any cooperating agencies. </P>
        <P>h. Describe how the supplement to the GEIS will be prepared, including any contractor assistance to be used. </P>
        <P>The NRC invites the following entities to participate in the scoping process: </P>
        <P>a. The applicant, Virginia Electric and Power Company. </P>
        <P>b. Any Federal agency that has jurisdiction by law or special expertise with respect to any environmental impact involved, or that is authorized to develop and enforce relevant environmental standards. </P>
        <P>c. Affected State and local government agencies, including those authorized to develop and enforce relevant environmental standards. </P>
        <P>d. Any affected Indian tribe. </P>
        <P>e. Any person who requests or has requested an opportunity to participate in the scoping process. </P>
        <P>f. Any person who intends to petition for leave to intervene. </P>

        <P>In accordance with 10 CFR 51.26, the scoping process for an EIS may include a public scoping meeting to help identify significant issues related to a proposed activity and to determine the scope of issues to be addressed in an EIS. The NRC has decided to hold a public meeting for the NAPS license renewal supplement to the GEIS. The scoping meeting will be held at the Public Meeting Room in the Louisa County Government Building, 1 Woolfolk Avenue, Louisa, Virginia, on Thursday, October 18, 2001. There will be two sessions to accommodate interested parties. The first session will convene at 1:30 p.m. and will continue until 4:30 p.m. The second session will convene at 7 p.m. with a repeat of the overview portions of the meeting and will continue until 10 p.m. Both meetings will be transcribed and will include (1) an overview by the NRC staff of the National Environmental Policy Act (NEPA) environmental review process, the proposed scope of the supplement to the GEIS, and the proposed review schedule; (2) an overview by Virginia Power of the proposed action, NAPS license renewal, and the environmental impacts as outlined in the ER; and (3) the opportunity for interested Government agencies, organizations, and individuals to submit comments or suggestions on the environmental issues or the proposed scope of the supplement to the GEIS. Additionally, the NRC staff will host informal discussions one hour prior to the start of each session at the Louisa County Government Building. No comments on the proposed scope of the supplement to the GEIS will be accepted during the informal discussions. To be considered, comments must be provided either at the transcribed public meetings or in writing, as discussed below. Persons may register to attend or present oral <PRTPAGE P="46295"/>comments at the meeting on the NEPA scoping process by contacting Mr. Andrew J. Kugler by telephone at 1 (800) 368-5642, extension 2828, or by Internet to the NRC at <E T="03">ajk1@nrc.gov</E> no later than October 5, 2001. Members of the public may also register to speak at the meeting within 15 minutes of the start of each session. Individual oral comments may be limited by the time available, depending on the number of persons who register. Members of the public who have not registered may also have an opportunity to speak, if time permits. Public comments will be considered in the scoping process for the supplement to the GEIS. If special equipment or accommodations are needed to attend or present information at the public meeting, the need should be brought to Mr. Kugler's attention no later than October 5, 2001, so that the NRC staff can determine whether the request can be accommodated. </P>
        <P>Members of the public may send written comments on the environmental scoping process for the supplement to the GEIS to: Chief, Rules and Directives Branch, Division of Administrative Services, Office of Administration, Mailstop T-6 D 59, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. </P>

        <P>Comments may be hand-delivered to the NRC at 11545 Rockville Pike, Rockville, Maryland, between 7:45 a.m. and 4:15 p.m. on Federal workdays. To be considered in the scoping process, written comments should be postmarked by November 5, 2001. Electronic comments may be sent by the Internet to the NRC at <E T="03">NorthAnnaEIS@nrc.gov.</E> Electronic submissions should be sent no later than November 5, 2001, to be considered in the scoping process. Comments will be available electronically and accessible through the NRC's Public Electronic Reading Room (PERR) link <E T="03">http://www.nrc.gov/NRC/ADAMS/index.html</E> at the NRC Homepage. </P>

        <P>Participation in the scoping process for the supplement to the GEIS does not entitle participants to become parties to the proceeding to which the supplement to the GEIS relates. Notice of opportunity for a hearing regarding the renewal application was the subject of the aforementioned <E T="04">Federal Register</E> notice of acceptance for docketing. Matters related to participation in any hearing are outside the scope of matters to be discussed at this public meeting. </P>
        <P>At the conclusion of the scoping process, the NRC will prepare a concise summary of the determination and conclusions reached, including the significant issues identified, and will send a copy of the summary to each participant in the scoping process. The summary will also be available for inspection through the PERR link. The staff will then prepare and issue for comment the draft supplement to the GEIS, which will be the subject of separate notices and a separate public meeting. Copies will be available for public inspection at the above-mentioned addresses, and one copy per request will be provided free of charge. After receipt and consideration of the comments, the NRC will prepare a final supplement to the GEIS, which will also be available for public inspection. </P>
        <P>Information about the proposed action, the supplement to the GEIS, and the scoping process may be obtained from Mr. Kugler at the aforementioned telephone number or e-mail address. </P>
        <SIG>
          <DATED>Dated at Rockville, Maryland, this 28th, day of August 2001.</DATED>
          
          <P>For the Nuclear Regulatory Commission.</P>
          <NAME>Cynthia A. Carpenter, </NAME>
          <TITLE>Chief, Generic Issues, Environmental, Financial, and Rulemaking Branch, Division of Regulatory Improvement Programs, Office of Nuclear Reactor Regulation. </TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 01-22136 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 7590-01-P </BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">NUCLEAR REGULATORY COMMISSION </AGENCY>
        <SUBJECT>Request to Amend a License to Export Highly-Enriched Uranium </SUBJECT>

        <P>Pursuant to 10 CFR 110.70(b)(2) “Public notice of receipt of an application,” please take notice that the Nuclear Regulatory Commission has received the following request to amend an export license. Copies of the request are available electronically through ADAMS and can be accessed through the Public Electronic Reading Room (PERR) link <E T="03">http://www.nrc.gov/NRC/ADAMS/index.html</E> at the NRC Homepage. </P>

        <P>A request for a hearing or petition for leave to intervene may be filed within 30 days after publication of this notice in the <E T="04">Federal Register</E>. Any request for hearing or petition for leave to intervene shall be served by the requestor or petitioner upon the applicant, the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington DC 20555; the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555; and the Executive Secretary, U.S. Department of State, Washington, DC 20520. </P>
        <P>In its review of the request to amend a license to export special nuclear material noticed herein, the Commission does not evaluate the health, safety or environmental effects in the recipient nation of the material to be exported. The information concerning this amendment request follows. </P>
        <GPOTABLE CDEF="s100,r50,r50,r50,r50" COLS="5" OPTS="L2,i1">
          <TTITLE>NRC Export License Application </TTITLE>
          <BOXHD>
            <CHED H="1">Name of applicant, date of application, date received, application No., Docket No.</CHED>
            <CHED H="1">Description of material </CHED>
            <CHED H="2">Material type </CHED>
            <CHED H="2">Total qty </CHED>
            <CHED H="1">End use </CHED>
            <CHED H="1">Country of destination </CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Transnuclear, Inc., August 9, 2001, August 10, 2001, XSNM03171/01, 11005236 </ENT>
            <ENT>Highly-Enriched Uranium (93.30%) </ENT>
            <ENT>Additional 10.0 kg Uranium (9.33 kg U-235)</ENT>
            <ENT>To fabricate targets for irradiation in the NRU Reactor to produce medical radioisotopes and to extend expiration date to 9/30/02</ENT>
            <ENT>Canada. </ENT>
          </ROW>
        </GPOTABLE>
        <SIG>
          <PRTPAGE P="46296"/>
          <DATED>Dated this 28th day of August 2001 at Rockville, Maryland.</DATED>
          
          <P>For the Nuclear Regulatory Commission. </P>
          <NAME>Ronald D. Hauber, </NAME>
          <TITLE>Deputy Director, Office of International Programs. </TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 01-22140 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 7590-01-P </BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">NUCLEAR REGULATORY COMMISSION</AGENCY>
        <SUBJECT>Sunshine Act Meeting</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY HOLDING THE MEETING:</HD>
          <P>Nuclear Regulatory Commission.</P>
        </AGY>
        <DATES>
          <HD SOURCE="HED">DATE:</HD>
          <P>Weeks of September 3, 10, 17, 24, October 1, 8, 2001.</P>
        </DATES>
        <PREAMHD>
          <HD SOURCE="HED">PLACE:</HD>
          <P>Commissioners' Conference Room, 11555 Rockville Pike, Rockville, Maryland.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">STATUS:</HD>
          <P>Public and Closed.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">MATTERS TO BE CONSIDERED:</HD>
          <P> </P>
        </PREAMHD>
        <HD SOURCE="HD2">Week of September 3, 2001</HD>
        <P>There are no meetings scheduled for the Week of September 3, 2001.</P>
        <HD SOURCE="HD2">Week of September 10, 2001—Tentative</HD>
        <P>There are no meetings scheduled for the Week of September 10, 2001.</P>
        <HD SOURCE="HD2">Week of September 17, 2001—Tentative</HD>
        <P>There are no meetings scheduled for the Week of September 17, 2001.</P>
        <HD SOURCE="HD2">Week of September 24, 2001—Tentative</HD>
        <HD SOURCE="HD3">Friday, September 28, 2001</HD>
        <FP SOURCE="FP-1">9:25 a.m.—Affirmation Session (Public Meeting) (if needed)</FP>
        <FP SOURCE="FP-1">9:30 a.m.—Briefing on Decommissioning Activities and Status (Public Meeting) (Contact: John Buckley, 301-415-6607)</FP>
        <FP SOURCE="FP-1">1:30 p.m.—Briefing on Threat Environment Assessment (Closed—Ex. 1)</FP>
        <HD SOURCE="HD2">Week of October 1, 2001—Tentative</HD>
        <HD SOURCE="HD3">Thursday, October 4, 2001</HD>
        <FP SOURCE="FP-1">9:25 a.m.—Affirmation Session (Public Meeting) (if needed)</FP>
        <HD SOURCE="HD2">Week of October 8, 2001—Tentative</HD>
        <P>There are no meetings scheduled for the Week of October 8, 2001.</P>
        <P>The schedule for Commission meetings is subject to change on short notice. To verify the status of meetings call (recording)—(301 415-1292. Contact person for more information: David Louis Gamberoni (301) 415-1651.</P>
        <P>The NRC Commission Meeting Schedule can be found on the Internet at: http://www.nrc.gov/SECY/smj/schedule.htm.</P>
        <P>This notice is distributed by mail to several hundred subscribers; if you no longer wish to receive it, or would like to be added to the distribution, please contact the Office of the Secretary, Washington, DC 20555 (301-415-1969). In addition, distribution of this meeting notice over the Internet system is available. If you are interested in receiving this Commission meeting schedule electronically, please send an electronic message to dkw@nrc.gov.</P>
        <SIG>
          <DATED>Dated: August 30, 2001.</DATED>
          <NAME>David Louis Gamberoni,</NAME>
          <TITLE>Technical Coordinator, Office of the Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 01-22242 Filed 8-30-01; 12:52 pm]</FRDOC>
      <BILCOD>BILLING CODE 7590-01-M</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">PRESIDIO TRUST</AGENCY>
        <SUBJECT>The Presidio of San Francisco, California; Extension of the Public Comment Period for the Draft Presidio Trust Implementation Plan and Draft Environmental Impact Statement</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>The Presidio Trust.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Extension of public comment period. </P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Presidio Trust (Trust) is extending the public comment period for the draft Presidio Trust Implementation Plan (PTIP) and draft Environmental Impact Statement (EIS) from September 25, 2001 to October 25, 2001 to provide additional opportunity for the public to review and comment on the draft PTIP and EIS. The draft PTIP is a proposed update to the July 1994 Final General Management Plan Amendment (GMPA) for the portion of The Presidio of San Francisco (Presidio) under the jurisdiction of the Trust. The PTIP EIS supplements the GMPA Environmental Impact Statement adopted by the National Park Service for the Presidio in 1994.</P>
        </SUM>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>The Trust, as lead agency, released and circulated for review to the public and commenting agencies the draft EIS for the PTIP on July 25, 2001. The Environmental Protection Agency (EPA) published a notice of the draft EIS in the <E T="04">Federal Register</E> on July 27, 2001 (66 FR 39161). The Trust published a notice in the <E T="04">Federal Register</E> on July 26, 2001 (66 FR 39058-59) regarding the availability of the draft EIS, where and how it could be reviewed, and the date and location of public hearings to comment on the document. The EPA notice and Trust notice initially provided for a 60-day comment period for the draft EIS ending September 25, 2001. In response to several requests for commenting organizations and other parties, the Trust is now extending this period by 30 days to October 25, 2001. The Trust is providing this longer 90-day review period to further enhance the opportunities for public and agency participation in the National Environmental Policy Act process for the PTIP.</P>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>John Pelka, NEPA Compliance Coordinator, the Presidio Trust, 34 Graham Street, P.O. Box 29052, San Francisco, CA 94129-0052. Telephone: 415/561-5414.</P>
          <SIG>
            <DATED>Dated: August 28, 2001.</DATED>
            <NAME>Karen A. Cook,</NAME>
            <TITLE>General Counsel.</TITLE>
          </SIG>
        </FURINF>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22109 Filed 8-31-01; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4310-4R-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
        <DEPDOC>[Investment Company Act Release No. 25143; 813-330]</DEPDOC>
        <SUBJECT>The Toronto-Dominion Bank; Notice of Application</SUBJECT>
        <DATE>August 28, 2001.</DATE>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Securities and Exchange Commission (“Commission”).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of application for an order under sections 6(b) and 6(e) of the Investment Company Act of 1940 (the “Act”) exempting the applicant from all provisions of the Act, except section 9, section 17 (other than certain provisions of sections 17(a), (d), (e), (f), (g), and (j)), section 30 (except for certain provisions of sections 30(a), (b), (e), and (h)), and sections 36 through 53, and the rules and regulations under those sections. </P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>Applicant requests an order to exempt certain limited partnerships and other entities (“Partnerships”) formed for the benefit of key employees of The Toronto-Dominion Bank (“TD”) and its affiliates from certain provisions of the Act. Each Partnership will be an “employees' securities company” within the meaning of section 2(a)(13) of the Act.</P>
          <P>
            <E T="03">Applicant:</E> TD.</P>
          <P>
            <E T="03">Filing Dates:</E> The application was filed on March 29, 2001, and amended on July 24, 2001 and on August 23, 2001.</P>
          <P>
            <E T="03">Hearing or Notification of Hearing:</E> An order granting the application will be issued unless the Commission orders a hearing. Interested persons may request a hearing by writing to the Commission's Secretary and serving applicant with a copy of the request, personally or by mail. Hearing requests should be received by the Commission by 5:30 p.m. on September 24, 2001, <PRTPAGE P="46297"/>and should be accompanied by proof of service on applicant, in the form of an affidavit or, for lawyers, a certificate of service. Hearing requests should state the nature of the writer's interest, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by writing to the Commission's Secretary.</P>
        </SUM>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Secretary, Commission, 450 Fifth Street, NW., Washington, DC 20549-0609. Applicant, c/o Gordon A. Paris, The Toronto-Dominion Bank, TD Bank Tower, Toronto-Dominion Centre, 55 King Street, West &amp; Bay Street, Toronto, Ontario M5K 1A2, Canada.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Jaea F. Hahn, Senior Counsel, at (202) 942-0614, or Nadya Roytblat, Assistant Director, at (202) 942-0564 (Division of Investment Management, Office of Investment Company Regulation).</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The following is a summary of the application. The complete application may be obtained for a fee at the Commission's Public Reference Branch, 450 Fifth Street, NW., Washington, DC 20549-0102 (tel. 202-942-8090).</P>
        <HD SOURCE="HD1">Applicant's Representations</HD>
        <P>1. TD, a Canadian chartered bank, offers a range of financial services directly and through its affiliates, including brokerage and investment advisory services.</P>
        <P>2. TD intends to establish Partnerships from time to time for the benefit of eligible current and former key employees, officers, directors, partners and persons on retainer (“Eligible Employees”) of TD and its affiliates (as defined in Rule 12b-2 under the Securities Exchange Act of 1934 (the “Exchange Act”)) (collectively, the “TD Group”) as part of a program designed to create an in-house employee investment program similar to those offered by other financial institutions to their employees to recognize their contributions to the TD Group and retain these Eligible Employees and to facilitate the recruitment of high caliber employees. The investment objectives and policies for each Partnership may vary from Partnership to Partnership. Participation in a Partnership will be voluntary.</P>
        <P>3. Each of the Partnerships will be a limited partnership, or alternatively, a limited liability company, business trust or other entity organized under the laws of the State of Delaware or another state or non-U.S. jurisdiction. The Partnerships will be operated in accordance with their respective limited partnership agreements or other organizational documents (each, a “Partnership Agreement”). Each partnership will be formed as an “employees' securities company” within the meaning of section 2(a)(13) of the Act, and will operate as a closed-end management investment company which may be diversified or nondiversified.</P>
        <P>4. Each Partnership will be managed, operated and controlled by its general partner, managing member or other similar entity (the “General Partner”). Each General Partner will be an entity in the TD Group. An entity in the TD Group will be appointed General Partner to the initial Partnership, and will be (a) registered as an investment adviser under the Investment Advisers Act of 1940 (“Advisers Act”), (b) exempt from Advisers Act registration requirements by virtue of section 203(b)(3) thereof, or (c) excluded from the definition of investment adviser under the Advisers Act because it is a bank or a bank holding company.</P>
        <P>5. Interests in the Partnerships (“Limited Partnership Interests” or “Interests”) will be offered without registration in reliance on Section 4(2) or Regulation D of the Securities Act of 1933, as amended (the “1933 Act”) and will be sold only to (a) Eligible Employees of the TD Group, (b) spouses, parents, children, spouses of children, brothers, sisters and grandchildren of Eligible Employees (“Qualified Family Members”), or (c) trust or other investment vehicles established solely for the benefit of Eligible Employees or Qualified Family Members (“Qualified Investment Vehicles” and, collectively with Qualified Family Members, “Qualified Participants”). Those Eligible Employees and Qualified Participants who acquire Interests in a Partnership are hereinafter referred to as “Limited Partner(s).”</P>
        <P>6. Qualified Investment Vehicles must meet the standards for an “accredited investor” under rule 501(a) of Regulation D. Eligible Employees and their Qualified Family Members will be individuals who satisfy certain financial and sophistication standards, will be able to make investment decisions on their own without the protection of the regulatory safeguards intended to protect the public, will be capable of understanding and evaluating the merits and risks of participation in a Partnership and able to bear the economic risk of such participation, including a complete loss of his or her investment. Eligible Employees and Qualified Family Members will meet the standards for an “accredited investor” under rule 501(a)(6) Regulation D, except that a maximum of 35 Eligible Employees who are sophisticated investors but who do not meet the definition of an accredited investor may become Limited Partners if each of them falls into one of the following categories: (a) Eligible Employees who (i) have a graduate degree in business, law or accounting, (ii) have a minimum of five years of consulting, investment banking or similar business experience, and (iii) will have had reportable income from all sources (including any profit shares or bonus) in the calendar year immediately preceding the Eligible Employee's admission as a Limited Partner in excess of $120,000 and will have a reasonable expectation of reportable income of at  $150,000 in the years in which the Eligible Employee invests in a Partnership;<SU>1</SU>
          <FTREF/> or (b) Eligible Employees who are “knowledgeable employees” of the Partnership as defined in rule 3c-5 under the Act (with the Partnership treated as through it were a “covered company” for purposes of the rule).</P>
        <FTNT>
          <P>
            <SU>1</SU> In addition, such Eligible Employees in this category will not be permitted to invest in any year more than 10% of his or her income from all sources for the immediately preceding year in the aggregate in a Partnership and in all other Partnerships in which that Eligible Employee has previously invested.</P>
        </FTNT>
        <P>7. The specific investment objectives and strategies for a particular Partnership will be set forth in the private placement memorandum relating to the Interests offered by the Partnership, and each Eligible Employee and Qualified Participant will receive a copy of the private placement memorandum and the Partnership Agreement. The terms of a Partnership will be fully disclosed to each Eligible Employee at the time they are offered the right to subscribe for Interests in such Partnership. Each Partnership will send audited financial statements to the Limited Partners as soon as practicable after the end of its fiscal year. In addition, a report will be sent to each Limited Partner setting forth the information with respect to his or her share of income, gains, losses, credits and other items for federal and state income tax purposes, resulting from the operation of the Partnership during that year.</P>
        <P>8. Interests in a Partnership will be non-transferable except with the express consent of the General Partner and then only to Eligible Employees or Qualified Participants or an entity within the TD Group, as described below. No fee of any kind will be charged in connection with the sale of Interests.</P>

        <P>9. TD or an entity within the TD Group, or any Eligible Employee or Qualified Participant designed thereby, <PRTPAGE P="46298"/>may have the right but not the obligation, to acquire the Interest of a Limited Partner upon the termination of the Limited Partner's employment with an entity within the TD Group with or without cause, including as a result of the death, disability or voluntary resignation of the Limited Partner, or upon the Limited Partner's bankruptcy. Each private placement memorandum will describe whether the TD Group will be required, or Eligible Employees or Qualified Participants will have the option to, acquire the Interest of a Limited Partner upon the termination of the Limited Partner's employment, whether for cause or not, or upon his or her bankruptcy or adjudication of incompetence. In this regard, the purchase price for the Interest will be equal to the lesser of (a) the amount of such Limited Partner's capital contributions less prior distributions from the Partnership (plus interest, as determined by the General Partner) or (b) the fair market value of the Interest, as determined by the General Partner in good faith as of the date of termination and in accordance with its customary valuation procedures.</P>
        <P>10. An entity within the TD Group may purchase Interests, which it may offer to new Eligible Employees joining the TD Group. These Interests will be acquired from the Partnership in the same manner of payment, at the same time, and at the same purchase price as Interests purchased by Limited Partners. The General Partner may sell the Interest it has so acquired to any Eligible Employee or Qualified Participant at any time during the life of the Partnership at a price no greater than the net asset value of the Interests on the previous appraisal date as defined in the Partnership Agreement after the date of sale. An entity within the TD Group may instead award Interests so acquired at any time during the life of the Partnership to Eligible Employees as a bonus or similar compensation.</P>
        <P>11. In an investment program that provides for vesting provisions, all or a portion of an Eligible Employee's Interest at the commencement of the program will be treated as being “invested,” and “vesting” will occur either through the passage of a specified period of time or upon the occurrence of a specified event. The portion of an Interest that is unvested at the time of an Eligible Employee's employment termination, and the portion that is vested in the event of certain specified events, may be subject to repurchase by a TD Group entity or reallocated to other Limited Partners in the relevant Partnership.</P>
        <P>12. A Partnership will not acquire any security issued by a registered investment company if the Partnership immediately after such purchase or acquisition will own in the aggregate more than 3% of the total voting stock of such investment company.</P>
        <P>13. The General Partner of a Partnership may charge the Partnership an annual management fee, a flat administrative charge or a “carried interest.” <SU>2</SU>
          <FTREF/> A Partnership will not borrow from any person if the borrowing would cause any person not named in section 2(a)(13) of the Act to own securities of the Partnership (other than short-term paper). If an entity within the TD Group makes loans to any Partnership or Limited Partner, the lender will be entitled to receive interest at the rate obtainable on an arm's length basis. Any indebtedness of the Partnership will be the debt of the Partnership and without recourse to the Limited Partners.</P>
        <FTNT>
          <P>
            <SU>2</SU> A “carried interest” is an allocation to the General Partner based on net gains in addition to the amount allocable to the General Partner that is in proportion to its capital contributions. Depending on whether the General Partner is registered as an investment adviser under the Advisers Act, any “carried interest” will be charged only if permitted by rule 205-3 under the Advisers Act (in the case of a General Partner registered under the Advisers Act) or will comply with section 205(b)(3) of the Advisers Act (with the Partnership treated as though it were a “business development company” solely for the purpose of that section) in the case of a General Partner not registered under the Advisers Act.</P>
        </FTNT>
        <HD SOURCE="HD1">Applicant's Legal Analysis</HD>
        <P>1. Section 6(b) of the Act provides, in part, that the Commission will exempt employees' securities companies from the provisions of the Act to the extent that the exemption is consistent with the protection of investors. Section 6(b) provides that the Commission will consider, in determining the provisions of the Act from which the company should be exempt, the company's form of organization and capital structure, the persons owning and controlling its securities, the price of the company's securities and the amount of any sales load, how the company's funds are invested, and the relationship between the company and the issuers of the securities in which it invests. Section 2(a)(13) defines an employees' securities company, in relevant part, as any investment company all of whose securities are beneficially owned (a) by current or former employees, or persons on retainer, of one or more affiliated employers, (b) by immediate family members of such persons, or (c) by such employer or employers together with any of the persons in (a) or (b).</P>
        <P>2. Section 7 of the Act generally prohibits investment companies that are not registered under section 8 of the Act from selling or redeeming their securities. Section 6(e) provides that, in connection with any order exempting an investment company from any provisions of section 7, certain provisions of the Act, as specified by the Commission, will be applicable to the company and other persons dealing with the company as though the company were registered under the Act. Applicant requests an order under sections 6(b) and 6(e) of the Act exempting the Partnerships from all provisions of the Act, except section 9, section 17 (other than certain provisions of paragraphs (a), (d), (e), (f), (g), and (j)), section 30 (other than certain provisions of paragraphs (a), (b), (e), and (h)), sections 36 through 53 of the Act, and the rules and regulations thereunder.</P>

        <P>3. Section 17(a) generally prohibits any “affiliated person” (as defined in section 2(a)(3) of the Act) of a registered investment company, or any affiliated person of that person, acting as principal, from knowingly selling or purchasing any security or other property to or from that company. Applicants request an exemption from section 17(a) to permit the Partnerships to (a) purchase portfolio investments from or sell portfolio securities to TD, or any other affiliated person of a Partnership, or an affiliated person thereof (an “Affiliated Entity”), on a principal basis; (b) purchase interests or property in a company or other investment vehicle in which TD, or an Affiliated Entity, already owns securities, or, where such company or other investment vehicle is otherwise affiliated with TD or a Partnership; (c) sell, put or tender, or grant options in securities or interests in a company or other investment vehicle back to such entity, where that entity is affiliated with TD or an Affiliated Entity; (d) participate as a selling security holder in a public offering that is underwritten by TD or an Affiliated Entity or in which TD or an Affiliated Entity acts as a member of the underwriting or selling group; (e) invest in companies, partnerships or other investment vehicles offered, sponsored or managed by TD or an Affiliated Entity (referred to hereinafter collectively as “TD Sponsored Vehicles” and individually as a “TD Sponsored Vehicle”), or to purchase securities from TD Sponsored Vehicles; (f) invest in securities of, or lend money to entities with which TD or an Affiliated Entity has performed investment banking or other services and from which they may have received <PRTPAGE P="46299"/>fees; and (g) purchase securities that are underwritten by TD and or Affiliated Entity (including a member of a selling group) on terms at least as favorable to the Partnership as those offered to investors other than affiliated persons of TD.</P>
        <P>4. Applicants submit that an exemption from section 17(a) is consistent with the policy of the Partnerships and the protection of investors. Applicants state the Limited Partners in each Partnership will be fully informed of the extent of the Partnership's dealings with affiliated persons and, as professionals employed in the investment banking and financial service businesses, will be able to understand and evaluate the attendant risk. Applicant asserts that the community of interest among the Limited Partners and TD Group will provide the best protection against any risk of abuse. Applicant acknowledges that the requested relief will not extend to any transactions between a Partnership and any affiliated subadviser or an affiliated person of the unaffiliated subadviser, or between a partnership and any person who is not an employee, officer or director of TD or is an entity outside of the TD Group and is an affiliated person of the Partnership as defined in section 2(a)(3)(E) of the Act (“Advisory Person”) or any affiliated person of such person.</P>
        <P>5. Section 17(d) of the Act and rule 17d-1 under the Act prohibit any affiliated person of a registered investment company, or any affiliated person of an affiliated person, acting as principal, from participating in any joint enterprise, or other joint arrangement, unless approved by the Commission. Applicant requests relief to permit affiliated persons of each Partnership, or affiliated persons of such persons, to participate in any joint arrangement in which the Partnership or an entity controlled by the Partnership is a participant. Applicant acknowledges that the requested relief will not extend to any transaction in which an unaffiliated sub-investment adviser or an Advisory Person or an affiliated person of either has an interest.</P>
        <P>6. Applicants submit that any joint investments will not involve abuses of the type section 17(d) and rule 17d-1 were designed to prevent. Applicants believe that the flexibility to structure co-investment and joint investments in the manner described above will not involve abuses of the type section 17(d) and rule 17d-1 were designed to prevent. Applicants note that a company will primarily be organized for the benefit of the Limited Partners, and that any investments by a Partnership made concurrently with an Affiliated Co-Investor will be on the same terms (but not necessarily in the same amount) as the investments by such Affiliated Co-Investors.</P>
        <P>7. Section 17(d) of the Act and rule 17e-1 thereunder limit the compensation an affiliated person may receive when acting as agent or broker for a registered investment company. Applicant requests an exemption from section 17(e) and rule 17e-1 to the extent necessary to permit TD or any entity within the TD Group, acting as agent or broker, to receive placement fees, financial advisory fees or other compensation in connection with the purchase or sale by a Partnership of securities, subject to the requirement that placement fees, financial advisory fees or other compensation is deemed “usual and customary.” Applicant states that for the purposes of the application, fees and other compensation that is being charged or received by TD or any entity within the TD Group will be deemed “usual and customary” only if (a) the Partnership is purchasing or selling securities with other unaffiliated third parties, (b) the fees or other compensation being charged to the Partnership are also being charged to the unaffiliated third parties, and (c) the amount of securities being purchased or sold by the Partnership does not exceed 5% of the total amount of securities being purchased or sold by the Partnership and unaffiliated third parties. Applicant asserts that compliance with section 17(e) would prevent a Partnership from participating in a transaction in which TD or an entity within the TD Group, for other business reasons, does not wish it to appear as if the Partnership is being treated in a more favorable manner (in terms of lower fees) than unaffiliated third parties also participating in the transaction. Applicant asserts that fees or other compensation paid by a Partnership to TD or an entity within the TD Group will be the same as those negotiated at arm's length with unaffiliated third parties and the unaffiliated third parties will have as great or greater interest as the Partnership in the transaction as a whole.</P>
        <P>8. Rule 17e-1(b) requires that a majority of directors who are not “interested persons” (as defined by section 2(a)(19) of the Act) take actions and make approvals regarding commission, fees, or other remuneration. Applicant requests an exemption from rule 17e-1 to the extent necessary to permit each Partnership to comply with the rule without having a majority of the directors of the General Partner who are not interested persons take actions and make determinations as set forth in rule. Applicant states that because all of the directors of a General Partner will be affiliated persons, without such relief requested, a Partnership could not comply with rule 17e-1. Applicant states that Partnership will comply with rule 17e-1(b) by having a majority of the directors of the General Partner take actions and make approvals as set forth in rule 17e-1. Applicant states that each Partnership will otherwise comply with the requirements of rule 17e-1. </P>
        <P>9. Section 17(f) designates the entities that may act as investment company custodians, and rule 17f-1 imposes certain requirements when the custodian is a members of a national securities exchange. Applicant requests an exemption from section 17(f) and subsections (a), (b) (to the extent such subsection refers to contractual requirements), (c) and (d) of rule 17f-1 to the extent necessary to permit a member of the TD Group to act as custodian without a written contract. Applicant also requests an exemption from the rule 17f-1(b)(4) requirement that an independent accountant periodically verify the assets held by the custodian. Applicant believes that because of the community of interest of all the parties involved, compliance with these requirements would be unnecessary. Applicant states that it will comply with all other requirements of rule 17f-1. </P>
        <P>10. Section 17(g) and rule 17g-1 generally requires the bonding of officers and employers of a registered investment company who have access to its securities or funds. Rule 17g-1 requires that a majority of directors who are not interested persons take certain actions and give certain approvals relating to fidelity bonding. Applicant requests relief from rule 17g-1(d), (e) and (g) to the extent necessary to permit the General Partner or an entity controlling the General Partner to take the actions and make the determinations set forth in the rule, regardless of whether or not they are interested persons. Applicant states that, because all the directors of the General Partner will be affiliated persons, Applicants could not comply with rule 17g-1 without the requested relief. Applicant also states that each Partnership will comply with all other requirements of rule 17g-1. </P>

        <P>11. Section 17(j) and paragraph (b) of rule 17j-1 make it unlawful for certain enumerated persons to engage in fraudulent or deceptive practices in connection with the purchase or sale of security held or to be acquired by a <PRTPAGE P="46300"/>registered investment company. Rule 17j-1 also requires that every registered investment company adopt a written code of ethics and that every access person of a registered investment company report personal securities transactions. Applicant requests an exemption from section 17(j) of the Act and the provisions of rule 17j-1, except for the anti-fraud provisions of paragraph (b), because they are burdensome and unnecessary as applied to Partnerships. The relief requested will extend only to entities  within the TD Group and is not requested with respect to any unaffiliated sub-investment adviser or Advisory Person. </P>
        <P>12. Applicant requests an exemption from the requirements in sections 30(a), 30(b) and 30(e), and the rules under those sections, that registered investment companies prepare and file with the Commission and mail to their shareholders certain periodic reports and financial statements. Applicant contends that the forms prescribed by the Commission for periodic reports have little relevance to the Partnerships and would entail administrative and legal costs that outweigh any benefit to the Limited Partners. Applicant requests exemptive relief to the extent necessary to permit each Partnership to report annually to its Limited Partners. </P>
        <P>13. Applicant also requests an exemption from section 30(h) to the extent necessary to exempt the General Partner of each Partnership and any other person who may be deemed to be a member of an advisory board of a Partnership from filing Forms 3, 4, and 5 under section 16(a) of the Exchange Act with respect to their ownership of Interests in a Partnership. Applicant asserts that, because there will be no trading market and the transfers of Interests will be severely restricted, these filings are unnecessary for the protection of investors and burdensome to those required to make them. </P>
        <HD SOURCE="HD1">Applicant's Conditions </HD>
        <P>Applicant agrees that any order granting the requested relief will be subject to the following conditions: </P>
        <P>1. Each proposed transaction otherwise prohibited by section 17(a) or section 17(d) of the Act and rule 17d-1 thereunder (the “Section 17 Transactions”) will be effected only if the General Partner determines that: (a) The terms of the transaction, including the consideration to be paid or received, are fair and reasonable to the Limited Partners and do not involve overreaching of the Partnership or its Limited Partners on the part of any person concerned; and (b) the transaction is consistent with the interests of the Limited Partners, the Partnership's organizational documents, and the Partnership's reports to its Limited Partners. In addition, the General Partner will record and preserve a description of the Section 17 Transactions, the General Partner's findings, the information or materials upon which the General Partner's findings are based, and the basis for those findings. All such records will be maintained for the life of the Partnership and at least two years thereafter, and will be subject to examination by the Commission and its staff.<SU>3</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>3</SU> Each Partnership will preserve the accounts, books and other documents required to be maintained in an easily accessible place for the first two years.</P>
        </FTNT>
        <P>2. In connection with the Section 17 Transactions, the General Partner will adopt, and periodically review and update, procedures designed to ensure that reasonable inquiry is made, prior to the consummation of any such transaction, with respect to the possible involvement in the transaction of any affiliated person or promoter of principal underwriter for the Partnerships, or any affiliated person of such a person, promoter, or principal underwriter. </P>
        <P>3. The General Partner will not invest the funds of any Partnership in any investment in which an “Affiliated Co-Investor” (as defined below) has acquired or proposes to acquire the same class of securities of the same issuer, where the investment involves a joint enterprise or other joint arrangement within the meaning of rule 17d-1 in which the Partnership and an Affiliated Co-Investor are participants, unless any such Affiliated Co-Investor, prior to disposing of all or part of its investment; (a) gives the General Partner sufficient, but not less than one day's notice, of its intent to dispose of its investment, and (b) refrains from disposing of its investment unless the Partnership has the opportunity to dispose of the Partnership's investment prior to or concurrently with, on the same terms as, and pro rata with the Affiliated Co-Investor. The term “Affiliated Co-Investor” means any person who is: (a) an “affiliated person,” as such term is defined in the Act, of the Partnership; (b) TD or any entity with the TD Group; (c) an officer or director of TD or entity within the TD Group; (d) a company, partnership, or other investment vehicle offered, sponsored, or managed by TD or by any other entity within the TD Group; (e) an entity with respect to which TD or another entity within the TD Group provides management, investment or similar services as manager, investment manager, or general partner or in a similar capacity, and for which it may receive compensation, including without limitation, management fees, performance fees, carried interest entitling it to share disproportionately in income and capital gains or similar compensation; or (f) a company in which an officer, director or member of a General Partner acts as an officer, director, or General Partner, or has a similar capacity to control the sale or other disposition of an entity's securities. The restrictions contained in this condition, however, shall not be deemed to limit or prevent the disposition of an investment by an Affiliated Co-Investor: (a) To its direct or indirect wholly owned subsidiary, to any company (a “Parent”) of which the Affiliated Co-Investor is a direct or indirect wholly owned subsidiary, or to a direct or indirect wholly owned subsidiary of its Parent; (b) to Qualified Family Members of the Affiliated Co-Investor or a trust established for any Affiliated Co-Investor or any such family member; (c) when the investment is comprised of securities that are listed on any exchange registered as a national securities exchange under section 6 of the Exchange Act; (d) when the investment is comprised of securities that are national market system securities pursuant to section 11A(a)(2) of the Exchange Act and rule 11Aa2-1 thereunder; (e) when the securities are government securities as defined in section 2(a)(16) of the Act; (f) when the investment is comprised of securities that are listed on or traded on any foreign securities exchange or board of trade that satisfies regulatory requirements under the law of the jurisdiction in which such foreign securities exchange or board of trade is organized similar to those that apply to a national securities exchange or a national market system for securities; or (g) when any entity with respect to which TD or any other entity with the TD Group provides management, investment management or similar services as manager, investment manager, or general partner or in a similar capacity, if TD or such entity does not have the actual investment discretion over the sale or disposition of the entity's securities.</P>

        <P>4. Each Partnership and its General Partner, and its investment adviser, if any, will maintain and preserve, for the life of each such Partnership and at least two years thereafter, such accounts, books, and other documents as constitute the record forming the basis <PRTPAGE P="46301"/>for the audited financial statements that are to be provided to the Limited Partners, and each annual report of the Partnership required by the terms of the applicable Partnership Agreement to be sent to the Limited Partners, and agree that all such records will be subject to examination by the Commission and its staff.<SU>4</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>4</SU> Each Partnership will preserve the accounts, books and other documents required to be maintained in an easily accessible place for the first two years.</P>
        </FTNT>
        <P>5. The General Partner will send or cause to be sent to each Limited Partner who had an Interest in a Partnership, at any time during the fiscal year then ended, Partnership financial statements that have been audited by independent accountants. At the end of each fiscal year, the General Partner will make a valuation or have a valuation made of all of the assets of the Partnership as of such fiscal year in a manner consistent with customary practice with respect to the valuation of assets of the kind held by the Partnership. In addition, as soon as practicable after the end of each fiscal year of each of the Partnerships, the General Partner of each Partnership shall send or cause to be sent a report to each person who was a Limited Partner at any time during the fiscal year then ended, setting forth such tax information as shall be necessary for the preparation by the Limited Partner of his or her federal and state and income tax returns and a report of the investment activities of the Partnership during that year.</P>
        <P>6. In any case where purchases or sales are made by a Partnership from or to an entity affiliated with the Partnership by reason by a 5% or more investment in such entity by a TD Group director, officer, or employee, such individual will not participate in the General Partner's determination of whether or not to effect the purchase or sale.</P>
        <SIG>
          <P>For the Commission, by the Division of Investment Management, under delegated authority.</P>
          <NAME>Jonathan G. Katz,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22122  Filed 8-31-01; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8010-01-M</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
        <SUBJECT>Sunshine Act Meetings</SUBJECT>
        <HD SOURCE="HD1">Agency Meetings</HD>
        <P>Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Pub. L. 94-409, that the Securities and Exchange Commission will hold the following meeting during the week of September 3, 2001: Closed meetings will be held on Wednesday, September 5, 2001, at 10:30 a.m. and Thursday, September 6, 2001, at 11:00 a.m.</P>
        <P>Commissioner Unger, as duty officer, determined that no earlier notice thereof was possible.</P>
        <P>Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the closed meeting. Certain staff members who have an interest in the matters may also be present.</P>
        <P>The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(5), (7), (8), (9)(A), 9(B), and (10) and 17 CFR 200.402(a)(5), (7), (8), (9)(i), 9(ii) and (10), permit consideration of the scheduled matters at the closed meeting.</P>
        <P>The subject matters of the closed meeting scheduled for Wednesday, September 5, 2001, and Thursday, September 6, 2001, will be:</P>
        <P>• Institution and settlement of injunctive actions;</P>
        <P>• Institution and settlement of administrative proceedings of an enforcement nature;</P>
        <P>• Formal orders; and</P>
        <P>• Consideration of actions involving foreign governmental authorities.</P>
        <P>At times, changes in Commission priorities require alterations in the scheduling of meeting items. For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact the Office of the Secretary at (202) 942-7070.</P>
        <SIG>
          <DATED>Dated: August 30, 2001.</DATED>
          <NAME>Jonathan G. Katz,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 01-22213  Filed 8-30-01; 11:49 am]</FRDOC>
      <BILCOD>BILLING CODE 8010-01-M</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
        <DEPDOC>[Release No. 34-44748; File No. SR-Amex-2001-61]</DEPDOC>
        <SUBJECT>Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness of Proposed Rule Change by the American Stock Exchange LLC to Allow In-Firm Delivery of the Regulatory Element of Continuing Education Program</SUBJECT>
        <DATE>August 28, 2001.</DATE>
        <P>Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”),<SU>1</SU>
          <FTREF/> and Rule 19b-4 thereunder,<SU>2</SU>
          <FTREF/> notice is hereby given that on August 8, 2001, the American Stock Exchange LLC (“Amex” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II and III below, which Items have been prepared by the Exchange. The Exchange filed the proposal pursuant to section 19(b)(3)(A) of the Act,<SU>3</SU>
          <FTREF/> and Rule 19b-4(f)(6) thereunder,<SU>4</SU>
          <FTREF/> which renders the proposal effective upon filing with the Commission.<SU>5</SU>
          <FTREF/> The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.</P>
        <FTNT>
          <P>
            <SU>1</SU> 5 U.S.C. 78s(b)(1).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>2</SU> 17 CFR 240.19b-4.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>3</SU> 15 U.S.C. 78s(b)(3)(A).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>4</SU> 17 CFR 240.19b-4(f)(6).</P>
        </FTNT>
        <FTNT>
          <P>

            <SU>5</SU> The Exchange provided written notice to the Commission on July 27, 2001, of its intention to file this proposal. <E T="03">See</E> Rule 19b-4(f)(6)(iii). 17 CFR 240.19b-4(f)(6)(iii).</P>
        </FTNT>
        <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change</HD>
        <P>The Amex proposes to amend Amex Rule 341A (Continuing Education Requirements for Registered Persons) to permit the in-firm delivery of the Regulatory Element of Continuing Education Program. The text of the proposed rule change is available at the Exchange and at the Commission.</P>
        <HD SOURCE="HD1">II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
        <P>In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for its proposal and discussed any comments it received regarding the proposal. The text of these statements may be examined at the places specified in Item IV below. The Amex has prepared summaries, set forth in Sections A, B and C below, of the most significant aspects of such statements.</P>
        <HD SOURCE="HD2">A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
        <HD SOURCE="HD3">1. Purpose</HD>

        <P>The Regulatory Element is a 3<FR>1/2</FR>-hour computer-based training program that currently can only be administered to registered persons at the location of an outside vendor such as Prometric Testing Centers (formerly Sylvan Technology Centers). Exchange Rule 341A requires that each registered person, who is not exempt from the Rule, complete the Regulatory Element <PRTPAGE P="46302"/>on the occurrence of his or her second registration anniversary and every three years thereafter. On each occasion, the training must be completed within 120 days after the registered person's anniversary date. A registered person who has not completed the Regulatory Element within the prescribed time periods is deemed to be inactive until the Regulatory Element has been fulfilled, and may not conduct, or be compensated for, activities requiring a securities registration.</P>
        <P>The Securities Industry/Regulatory Council on Continuing Education (“Council”) is responsible for the oversight of the Continuing Education Program for the securities industry. The Council's duties include recommending and helping to develop specific content and questions for the Regulatory Element, and the minimum core curricula for the Firm Element. The Council is comprised of 14 representatives from a broad cross section of broker/dealers, and six self-regulatory organizations, including the Amex. The Council, working with representatives from the North American Securities Administrators Association, and with the knowledge of the Council's SEC liaison, has developed a model under which broker/dealers may deliver the Regulatory Element computer-based training on the firm's premises. The model requires that the broker/dealer meet certain conditions for in-firm delivery relating to computer hardware and the security of the training environment. The proposed amendments to Amex Rule 341A encapsulate the delivery requirements as specified by the Council.<SU>6</SU>
          <FTREF/> Firms of any size may take advantage of the in-firm delivery procedures.</P>
        <FTNT>
          <P>

            <SU>6</SU> The Exchange modeled the proposed rule change after Rules the Commission approved allowing in-firm delivery of the Regulatory Element for the New York Stock Exchange, Inc. and the National Association of Securities Dealers, Inc. <E T="03">See</E> Securities Exchange Act Release Nos. 43701 (December 11, 2000), 65 FR 79143 (December 18, 2000) (SR-NASD-00-64) and 43838 (January 12, 2001), 66 FR 6722 (January 2, 2001) (SR-NYSE-00-55).</P>
        </FTNT>
        <HD SOURCE="HD3">2. Statutory Basis</HD>
        <P>The Exchange believes that the proposal is consistent with section 6(b) of the Act <SU>7</SU>
          <FTREF/> in general, and furthers the objectives of section 6(b)(5) <SU>8</SU>
          <FTREF/> in particular in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principals of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and to remove impediments to and perfect the mechanism of a free and open market and a national market system.</P>
        <FTNT>
          <P>
            <SU>7</SU> 15 U.S.C. 78f(b).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>8</SU> 15 U.S.C. 78f(b)(5).</P>
        </FTNT>
        <P>The Exchange also believes the proposed rule change is consistent with section 6(c)(3)(B) of the Act <SU>9</SU>
          <FTREF/> Under this section, it is the Exchange's responsibility to prescribe standards for training, experience and competence for persons associated with Exchange members and member organization. The Exchange has proposed this rule change to establish an additional mechanism for the administration of Regulatory Element of the Continuing Education Program, which will help enable registered persons to satify their continuing education obligations. </P>
        <FTNT>
          <P>
            <SU>9</SU> 15 U.S.C. 78f(c)(3)(B).</P>
        </FTNT>
        <HD SOURCE="HD2">B. <E T="03">Self-Regulatory Organization's Statement on Burden on Competition</E>
        </HD>
        <P>Amex does not believe that the proposed rule change will impose any burden on competition. </P>
        <HD SOURCE="HD2">C. <E T="03">Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others</E>
        </HD>
        <P>No written comments were solicited or received with respect to the proposed rule change. </P>
        <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
        <P>Because the foregoing proposed rule change does not: </P>
        <P>(i) Significantly affect the protection of investors or the public interest; </P>
        <P>(ii) Impose any significant burden on competition; and </P>
        <P>(iii) Become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to section 19(b)(3)(A) of the Act <SU>10</SU>
          <FTREF/> and Rule 19b-4(f)(6) thereunder.<SU>11</SU>
          <FTREF/> At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. </P>
        <FTNT>
          <P>
            <SU>10</SU> 15 U.S.C. 78s(b)(3)(A).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>11</SU> 17 CFR 240.19b-4(f)(6).</P>
        </FTNT>
        <P>The Exchange has requested that the Commission accelerate the operative date. The Commission finds good cause to designate the proposal to become operative immediately upon filing with the Commission because such designation is consistent with the protection of investors and the public interest. Acceleration of the operative date will allow in-firm delivery of the Regulatory Element of the Continuing Education Program at the Amex without unnecessary delay. For these reasons, the Commission finds good cause to designate that the proposal is both effective and operative upon filing with the Commission.<SU>12</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>12</SU> For purposes only of accelerating the operative date of this proposal, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation 15 U.S.C. 78c(f)</P>
        </FTNT>
        <HD SOURCE="HD1">IV. Solicitation of Comments </HD>
        <P>Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposal is consistent with the Act. Persons making written submissions should file six copies thereof with the Secretary, Securities and Exchange Commission, 450 Fifth Street, NW., Washington, DC 20549-0609. Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room. Copies of such filing will also be available for inspection and copying at the principal office of the Amex. All submissions refer to file number SR-Amex-2001-61 and should be submitted by September 25, 2001. </P>
        <SIG>
          <P>For the Commission, by the Division of Market Regulation, pursuant to delegated authority.<SU>13</SU>
            <FTREF/>
          </P>
          <FTNT>
            <P>
              <SU>13</SU> 17 CFR 200.30-3(c)(12).</P>
          </FTNT>
          <NAME>Margaret H. McFarland, </NAME>
          <TITLE>Deputy Secretary. </TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 01-22123 Filed 8-31-01; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8010-01-M </BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">SMALL BUSINESS ADMINISTRATION </AGENCY>
        <DEPDOC>[Declaration of Disaster #3362] </DEPDOC>
        <SUBJECT>State of Tennessee; Amendment #1 </SUBJECT>

        <P>In accordance with a notice received from the Federal Emergency Management Agency, dated August 27, 2001, the above numbered declaration is hereby amended to include Shelby County, Tennessee as a disaster area due to damages caused by severe storms and <PRTPAGE P="46303"/>flooding that occurred on July 27, 2001 and continued through August 22, 2001. </P>
        <P>In addition, applications for economic injury loans from small businesses located in the following contiguous counties may be filed until the specified date at the previously designated location: Fayette and Tipton counties in Tennessee; Crittenden County in Arkansas; and DeSoto and Marshall counties in Mississippi. All other contiguous counties have been previously declared. </P>
        <P>For economic injury the number is 9M4700 for Arkansas and 9M4800 for Mississippi. </P>
        <P>All other information remains the same, i.e., the deadline for filing applications for physical damage is October 15, 2001, and for loans for economic injury the deadline is May 16, 2002. </P>
        <SIG>
          <FP>(Catalog of Federal Domestic Assistance Program Nos. 59002 and 59008)</FP>
          <DATED>Dated: August 28, 2001.</DATED>
          <NAME>Herbert L. Mitchell, </NAME>
          <TITLE>Associate Administrator for Disaster Assistance. </TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 01-22144 Filed 10-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 8025-01-P </BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF STATE </AGENCY>
        <DEPDOC>[Public Notice 3740] </DEPDOC>
        <SUBJECT>U.S. Advisory Commission on Public Diplomacy; Notice of Meeting </SUBJECT>
        <P>The U.S. Advisory Commission on Public Diplomacy will meet on Wednesday, September 19, 2001, in Room 600, 301 4th St., SW., Washington, DC from 3:30 p.m. to 5 p.m. </P>
        <P>The Commission will discuss public diplomacy strategies as they relate to the Middle East peace process and U.S. policies toward Iraq. </P>
        <P>Members of the general public may attend the meeting, although attendance of public members will be limited to the seating available. Access to the building is controlled, and individual building passes are required for all attendees. Persons who plan to attend should contact Bruce Gregory at (202) 619-4457. </P>
        <SIG>
          <DATED>Dated: August 27, 2001. </DATED>
          <NAME>Bruce Gregory,</NAME>
          <TITLE>U.S. Advisory Commission on Public Diplomacy, U.S. Department of State. </TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 01-22121 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 4710-11-P </BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION </AGENCY>
        <SUBAGY>Office of the Secretary </SUBAGY>
        <SUBJECT>Reports, Forms and Recordkeeping Requirements; Agency Information Collection Activity Under OMB Review </SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of the Secretary, DOT. </P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice and request for comments. </P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended), this notice announces the Department of Transportation's (DOT) intention to request the extension of a previously approved collection. </P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments on this notice must be received by October 4, 2001 to: Attention DOT/OST Desk Officer, Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street, NW., Washington, DC 20503. </P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Mr. James E. Ware, US Department of Transportation, (202) 366-2019, 400 Seventh Street, SW., Washington, DC 20590. </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Office of the Secretary </HD>
        <P>
          <E T="03">Title:</E> Relocation Assistance and Real Property Acquisition Regulations For Federal and Federally Assisted Programs. </P>
        <P>
          <E T="03">OMB Control Number:</E> 2105-0508. </P>
        <P>
          <E T="03">Affected Public:</E> Federal Government State, Local or Tribal Government, individuals, business, farms and not-for-profit institutions. </P>
        <P>
          <E T="03">Annual Estimated Burden:</E> 29,043. </P>
        <P>
          <E T="03">Comments are invited on:</E> Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. </P>
        <SIG>
          <DATED>Issued in Washington, DC on August 28, 2001. </DATED>
          <NAME>Michael Robinson, </NAME>
          <TITLE>Information Resource Management, United States Department of Transportation. </TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22157 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 4910-62-P </BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION </AGENCY>
        <SUBAGY>Federal Aviation Administration</SUBAGY>
        <SUBJECT>Approval of Noise Compatibility Program; Colorado Springs Airport; Colorado Springs, CO</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Aviation Administration, DOT.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Federal Aviation Administration (FAA) announces its findings on the noise compatibility program submitted by the Director of Aviation for Colorado Springs Airport under the provisions of 49 U.S.C. 47504(b) and 14 CFR part 150. These findings are made in recognition of the description of Federal and non-Federal responsibilities in Senate Report No. 96-52 (1980). On February 8, 2001, the FAA determined that the noise exposure maps submitted by the Director of Aviation under part 150 were in compliance with applicable requirements. On August 7, 2001, the Associate Administrator for Airports approved the Colorado Springs Airport noise compatibility program. All of the program elements were approved.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">EFFECTIVE DATE:</HD>
          <P>The effective date of the FAA's approval of the Colorado Springs Airport noise compatibility program is August 7, 2001.</P>
        </EFFDATE>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Dennis G. Ossenkop; Federal Aviation Administration; Northwest Mountain Region; Airports Division, ANM-611; 1601 Lind Avenue, SW., Renton, Washington, 98055-4056. Documents reflecting this FAA action may be reviewed at this same location.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>This notice announces that the FAA has given its overall approval to the noise compatibility program for Colorado Springs Airport, effective August 7, 2001. Under 49 U.S.C. 47504(a) an airport operator who has previously submitted a noise exposure map may submit to the FAA a noise compatibility program which sets forth the measures taken or proposed by the airport operator for the reduction of existing noncompatible land uses and prevention of additional noncompatible land uses within the area covered by the noise exposure maps. 49 U.S.C. 47503(a)(1) requires such a program to be developed in consultation with interested and affected parties including the state, local communities, government agencies, airport users, and FAA personnel.</P>

        <P>Each airport noise compatibility program developed in accordance with Federal Aviation Regulation (FAR) part <PRTPAGE P="46304"/>150 is a local program, not a Federal program. The FAA does not substitute its judgment for that of the airport proprietor with respect to which measures should be recommended for action. The FAA's approval of disapproval of FAR part 150 program recommendations is measured according to the standards expressed in part 150 and the Act and is limited to the following determinations:</P>
        <P>a. The noise compatibility program was developed in accordance with the provisions and procedures of FAR part 150.</P>
        <P>b. Program measures are reasonably consistent with achieving the goals of reducing existing noncompatible land uses around the airport and preventing the introduction of additional noncompatible land uses;</P>
        <P>c. Program measures would not create an undue burden on interstate or foreign commerce, unjustly discriminate against types or classes of aeronautical uses, violate the terms of airport grant agreements, or intrude into areas preempted by the Federal Government; and</P>
        <P>d. Program measures relating to the use of flight procedures can be implemented within the period covered by the program without derogating safety, adversely affecting the efficient use and management of the navigable airspace and air traffic control systems, or adversely affecting other powers and responsibilities of the Administrator prescribed by law.</P>
        <P>Specific limitations with respect to FAA's approval of an airport noise compatibility program are delineated in FAR part 150, section 150.5. Approval is not a determination concerning the acceptability of land uses under Federal, state, or local law. Approval does not by itself constitute a FAA implementing action. A request for Federal action or approval to implement specific noise compatibility measures may be required, and an FAA decision on the request may require an environmental assessment of the proposed action. Approval does not constitute a commitment by the FAA to financially assist in the implementation of the program nor a determination that all measures covered by the program are eligible for grant-in-aid funding from the FAA. Where Federal funding is sought, requests for project grants must be submitted to the FAA Airports District Office in Denver, Colorado.</P>

        <P>The Director of Aviation for Colorado Springs Airport submitted to the FAA the noise exposure maps, descriptions, and other documentation produced during the noise compatibility planning study conducted at Colorado Springs Airport. The Colorado Springs noise exposure maps were determined by FAA to be in compliance with applicable requirements of February 8, 2001. Notice of this determination was published in the <E T="04">Federal Register</E> on February 20, 2001.</P>
        <P>The Colorado Springs Airport noise compatibility program contains a proposed noise compatibility program comprised of actions designed for phased implementation by airport management and adjacent jurisdictions from the date of study completion to the year 2002. It was requested that the FAA evaluate and approve this material as a noise compatibility program as described in 49 U.S.C. 47504(a). The FAA began its review of the program on February 8, 2001, and was required by a provision of 49 U.S.C. 47504(b) to approve or disapprove the program within 180 days (other than the use of new flight procedures for noise control). Failure to approve or disapprove such program within the 180-day period shall be deemed to be an approval of such program.</P>
        <P>The submitted program contained seven proposed actions for noise mitigation on and off the airport. The FAA completed its review and determined that the procedural and substantive requirements of 49 U.S.C. 47504(b) and FAR 150 have been satisfied. The overall program, therefore, was approved by the the Associated Administrator for Airports effective August 7, 2001. These determinations are set forth in detail in a Record of Approval endorsed by the Associate Administrator for Airports on August 7, 2001. The Record of Approval, as well as other evaluation materials and the documents comprising the submittal are available for review at the FAA office listed above and at the administrative offices of the Colorado Springs Airport.</P>
        <SIG>
          <DATED>Issued in Renton, Washington, on August 20, 2001.</DATED>
          <NAME>Lowell H. Johnson,</NAME>
          <TITLE>Manager, Airports Division, Northwest Mountain Region.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22155 Filed 8-31-01; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-13-M</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>National Highway Traffic Safety Administration</SUBAGY>
        <SUBJECT>Reports, Forms and Record Keeping Requirements Agency Information Collection Activity Under OMB Review</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Highway Traffic Safety Administration, DOT.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 <E T="03">et seq.</E>), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collections and their expected burden. The <E T="04">Federal Register</E> notice with a 60-day comment period was published on December 13, 2000 (65 FR 77958-77959).</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments must be submitted on or before October 4, 2001.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Walter Culbreath at the National Highway Traffic Safety Administration, (NAD-40), 202-366-1566. 400 Seventh Street, SW., Room 6132, Washington, DC 20590.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">National Highway Traffic Safety Administration</HD>
        <P>
          <E T="03">Title:</E> National Survey of Drinking and Driving Attitudes &amp; Behaviors—2001</P>
        <P>
          <E T="03">OMB Number:</E> 2127—New.</P>
        <P>
          <E T="03">Type of Request:</E> New information collection requirement.</P>
        <P>
          <E T="03">Abstract:</E> An agency goal is to reduce the number of alcohol related fatalities from 15,786, in 1999, to 11,000 by the year 2005. In support of this goal, NHTSA has conducted over past decade a series of bi-annual surveys of the driving-aged public (aged 16 or older) to identify patterns and trends in public attitudes and behaviors towards drinking and driving and public reaction to alcohol countermeasures aimed at reducing the occurrence of drinking and driving and alcohol related crashes. The proposed study, to be administered in the 3rd quarter of 2001, and the sixth in this series of biennial survey's will collect data on topics included in the first five studies (and several additional topics), including: frequency of drinking and driving and of riding with an impaired driver, ways to prevent drinking and driving, enforcement of drinking and driving laws including the use of sobriety checkpoints, understanding of BAC levels and legal limits, and crash and injury experience.</P>
        <P>
          <E T="03">Affected Public:</E> Randomly selected members of the general public aged sixteen and older in telephone households.</P>
        <P>
          <E T="03">Estimated Total Annual Burden:</E> 1,680.</P>
        <SUPLHD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Send comments, within 30 days, to the Office of Information and Regulatory Affairs, Office of <PRTPAGE P="46305"/>Management and Budget, 725-17th Street, NW., Washington, DC 20503, Attention NHTSA Desk Officer.</P>
        </SUPLHD>
        <HD SOURCE="HD1">Comments Are Invited On</HD>
        <P>Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Departments estimate of the burden of the proposed information collection; ways to enhance the quality, utility and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. A Comment to OMB is most effective if OMB receives it within 30 days of publication.</P>
        <SIG>
          <DATED>Issued in Washington, D.C., on August 29, 2001.</DATED>
          <NAME>Herman L. Simms,</NAME>
          <TITLE>Associate Administrator for Administration.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22156 Filed 8-31-01; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-59-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION </AGENCY>
        <SUBAGY>National Highway Traffic Safety Administration </SUBAGY>
        <DEPDOC>[Docket No. NHTSA-99-6583; Notice 2] </DEPDOC>
        <SUBJECT>Supplemental Notice on Public Workshop </SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Highway Traffic Safety Administration. </P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Supplemental notice on public workshop.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>We are issuing this notice to provide additional information about the public workshop we will be hosting for the New Car Assessment Program (NCAP) on Consumer Braking Information. The purpose of this program is to provide comparative stopping distance performance of light vehicles, currently targeted to those light vehicles equipped with 4-wheel anti-lock braking systems (ABS). Our workshop will focus on the issues discussed in the Request for Comments notice published on July 17, 2001, including driver variability, test pavement variability, and consumer information format. The results of this workshop will be included in the subject docket along with other written comments received by October 15, 2001. These comments, and any data that are submitted, will be used to assist in finalizing plans for a pilot program on brake testing of model year 2003 vehicles. </P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>We will hold the public workshop on September 26, 2001, from 9 a.m. to 4 p.m. If you wish to participate in the meeting, or submit comments on the proposed agenda, please contact Mr. Jeff Woods, at the address or telephone number listed below, by September 24, 2001. If you wish to give a presentation at the meeting, please provide a synopsis of your presentation to Mr. Woods by September 19, 2001. Presentations shall be limited to 30 minutes with a brief question-and-answer opportunity following each presentation. </P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>
            <E T="03">Public Workshop:</E> We will hold the public meeting in room 6332-6336 of the Department of Transportation Nassif Building, 400 Seventh Street, SW., Washington, DC 20590. </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Mr. Jeff Woods, Office of Safety Performance Standards, NPS-22, National Highway Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 20590. Telephone: (202) 366-6206; Fax: (202) 366-4329, email: <E T="03">jwoods@nhtsa.dot.gov. </E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Background </HD>
        <P>On July 17, 2001, we published a <E T="04">Federal Register</E> Notice (66 FR 37253) requesting comments on our consumer braking information program for light vehicles that are currently subjected to the NCAP program. We also announced a public workshop for September 26, 2001, to discuss some of the technical issues about this braking information program. This notice provides additional details of the workshop, including the location, time, agenda and goals of the workshop. </P>
        <P>In the July 17, 2001 notice, the agency provided an extensive discussion of the history of the program, the research conducted to date, a discussion of some of the issues that the agency feels have been resolved, and a detailed description of the draft test protocol. This previous notice can be found in the subject docket (see instructions on how to access the docket below under Availability of Relevant Documents below). </P>
        <HD SOURCE="HD1">Public Meeting </HD>
        <HD SOURCE="HD2">A. Time/Location </HD>
        <P>The workshop will be held Wednesday, September 26, 2001, at the Department of Transportation headquarters building (also known as the Nassif Building), 400 Seventh Street, SW., Washington, DC 20590, Room 6332-6336. The meeting will be from 9 a.m. until 4 p.m. </P>
        <HD SOURCE="HD2">B. Purpose </HD>
        <P>The purpose of the meeting is to obtain more technical information and discuss some of the outstanding issues related to the consumer braking information program. The specific issues that we would like to focus on include:</P>
        
        <FP SOURCE="FP-1">• Driver Variability</FP>
        <FP SOURCE="FP-1">• Test Surface Variability </FP>
        <FP SOURCE="FP-1">• Consumer Information Format </FP>
        
        <FP>Though our primary focus will be on these issues, we will be open to presentations and discussions of other relevant technical issues related to the program, as time allows. </FP>
        <HD SOURCE="HD2">C. Agenda for the Public Workshop on NCAP Braking </HD>
        <FP SOURCE="FP-2">I. Opening Remarks </FP>
        <FP SOURCE="FP-2">II. Introduction </FP>
        <FP SOURCE="FP1-2">Agency Presentation—Brief overview of the development of the NCAP Braking program </FP>
        <FP SOURCE="FP-2">III. Technical Presentations </FP>
        <FP SOURCE="FP1-2">A. Driver Variability </FP>
        <FP SOURCE="FP1-2">B. Surface Variability </FP>
        <FP SOURCE="FP1-2">C. Consumer Information Format </FP>
        <FP SOURCE="FP-2">IV. Post Presentation Open Discussions</FP>
        
        <P>If possible the presentations will be scheduled by the primary subject of the presentations, as listed in the agenda. However, speakers are encouraged to make their entire presentation at one time. </P>
        <HD SOURCE="HD2">D. Procedural Matters </HD>
        <P>The meeting will be moderated by a NHTSA representative. </P>
        <P>After each presentation, there will be a ten-minute opportunity to address questions from the agency panel and from the audience. </P>
        <P>To facilitate communication, we will provide auxiliary aids (e.g., sign-language interpreter) to participants as necessary, during the meeting. Any person desiring assistance of auxiliary aids should contact Mr. Woods no later than 10 days before the meeting. For any presentation that will include slides, motion pictures, a computer projector, or any other visual aids, the presenters should bring at least two paper copies of the presentation to the meeting so that we can provide a copy to the court reporter and readily include the material in the public record. In addition, we will make a verbatim record of the public meeting and place a copy in the docket. </P>
        <HD SOURCE="HD2">E. Availability of Relevant Documents </HD>

        <P>The July 17, 2001, Request for Comments notice for the NCAP Braking program has been placed in the docket. To obtain that notice, you may either visit the docket in Washington, DC, or <PRTPAGE P="46306"/>query the Department of Transportation docket website. </P>

        <P>The docket is located at Room PL-401, 400 Seventh Street, SW., Washington, DC. Docket hours are 9 a.m. to 5 p.m., Monday through Friday. The Docket Management System website is <E T="03">http://dms.dot.gov/.</E> You should search for Docket No. 6583. </P>
        <HD SOURCE="HD2">F. Written Comments </HD>

        <P>If you wish to submit written comments on the issues discussed at the meeting, please submit them by the comment closing date of October 15, 2001. Comments must refer to the Docket and Notice numbers cited at the beginning of this Notice and be submitted to: Docket Management, Room PL-401, 400 Seventh Street, SW., Washington, DC 20590. The Docket Section is open on weekdays from 9 a.m. to 5 p.m. Alternatively, you may submit your comments electronically by logging onto the Docket Management System website at <E T="03">http://dms.dot.gov</E>. Click on “Help &amp; Information” or “Help/Info” to view instructions for filing your comments electronically. Regardless of how you submit your comments, you should mention the docket number (6583) of this program. </P>
        <SIG>
          <DATED>Issued on: August 28, 2001. </DATED>
          <NAME>Claude H. Harris, </NAME>
          <TITLE>Acting Associate Administrator for Safety Performance Standards. </TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22113 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 4910-59-P </BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION </AGENCY>
        <SUBAGY>Surface Transportation Board </SUBAGY>
        <SUBJECT>Notice of Public Information Collection Submitted to OMB for Review </SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Surface Transportation Board. </P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Extension of a currently approved collection.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Surface Transportation Board has submitted to the Office of Management and Budget for review and approval the following proposal for collection of information as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. Chapter 35). </P>
          <P>
            <E T="03">Title:</E> Application To Open an Account for Billing Purposes </P>
          <P>
            <E T="03">OMB Form Number:</E> 2140-0006. </P>
          <P>
            <E T="03">No. of Respondents:</E> 20. </P>
          <P>
            <E T="03">Total Burden Hours:</E> 1.6. </P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Persons wishing to comment on this information collection should submit comments by October 4, 2001. </P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Direct all comments to Case Control, Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423. When submitting comments refer to the OMB number and title of the information collection. </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Anthony Jacobik, Jr. (202) 565-1713. Request for copies of the information collection may be obtained by contacting Arlene Jeffcoat (202) 565-1661. </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The Surface Transportation Board (STB) is, by statute, responsible for the economic regulation of surface transportation carriers operating in the interstate and foreign commerce. The form is for use by applicants who wish to open an account with the STB. Charges to the account would be posted for services rendered. The account holder would be billed on a monthly basis for payment of accumulated fees. The form requests information as required by OBM and Treasury regulations for the collection of fees. </P>
        <SIG>
          <DATED>Dated: August 29, 2001. </DATED>
          <NAME>Vernon A. Williams, </NAME>
          <TITLE>Secretary. </TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 01-22117 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 4915-00-P </BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION </AGENCY>
        <SUBAGY>Surface Transportation Board </SUBAGY>
        <DEPDOC>[STB Finance Docket No. 34081] </DEPDOC>
        <SUBJECT>Effingham Railroad Company—Operation Exemption—Line Owned by Total Quality Warehouse </SUBJECT>
        <P>Effingham Railroad Company (ERRC), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.31 to operate over approximately 3,661 feet of railroad line that will be constructed for and acquired by Total Quality Warehouse (TQW), located in an industrial park in Effingham, IL<SU>1</SU>
          <FTREF/> to provide a more efficient interchange with the Canadian National Railroad on the border of an existing industrial park. </P>
        <FTNT>
          <P>
            <SU>1</SU> ERRC states that the additional track to be operated will be constructed from ERRC's engineering designation Sta. 95+84.61 to Sta. 152+65.84.</P>
        </FTNT>
        <P>Construction of the track was expected to begin on August 13, 2001, 7 days after the exemption was filed, and ERRC will begin operations as soon as construction is completed.<SU>2</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>2</SU> ERRC simultaneously filed a petition to dismiss the verified notice of exemption. The Board will address the jurisdictional issue raised by the petition to dismiss in a subsequent decision.</P>
        </FTNT>

        <P>If the verified notice contains false or misleading information, the exemption is void <E T="03">ab initio</E>. Petitions to reopen proceeding to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the transaction. </P>
        <P>An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34081, must be filed with the Surface Transportation Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW, Washington, DC 20423-0001. In addition, one copy of each pleading must be served on John M. Robinson, 9616 Old Spring Road, Kensington, MD 20895. </P>
        <P>Board decisions and notices are available on our website at www.stb.dot.gov. </P>
        <SIG>
          <DATED>Decided: August 28, 2001. </DATED>
          <P>By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings. </P>
          <NAME>Vernon A. Williams,</NAME>
          <TITLE>Secretary. </TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 01-22116 Filed 8-31-01; 8:45 am] </FRDOC>
      <BILCOD>BILLING CODE 4915-00-P </BILCOD>
    </NOTICE>
  </NOTICES>
  <VOL>66</VOL>
  <NO>171</NO>
  <DATE>Tuesday, September 4, 2001</DATE>
  <UNITNAME>Corrections</UNITNAME>
  <CORRECT>
    <EDITOR>Elmer</EDITOR>
    <PREAMB>
      <PRTPAGE P="46307"/>
      <AGENCY TYPE="F">DEPARTMENT OF ENERGY</AGENCY>
      <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
      <DEPDOC>[Docket No. RP00-344-001]</DEPDOC>
      <SUBJECT>Dominion Transmission, Inc.; Notice of Compliance Filing</SUBJECT>
    </PREAMB>
    <SUPLINF>
      <HD SOURCE="HD2">Correction</HD>
      <P>In notice document 01-20341 appearing on page 42644, in the issue of Tuesday, August 14, 2001, make the follow correction:</P>
      <P>On the same page, in the first column, the Docket No. should be as set forth above.</P>
      
    </SUPLINF>
    <FRDOC>[FR Doc. C1-20341 Filed 8-31-01; 8:45 am]</FRDOC>
    <BILCOD>BILLING CODE 1505-01-D</BILCOD>
    <EDITOR>Elmer</EDITOR>
    <PREAMB>
      <AGENCY TYPE="S">GENERAL SERVICES ADMINISTRATION</AGENCY>
      <DEPDOC>[OMB Control No. 3090-0007]</DEPDOC>
      <SUBJECT>Submission for OMB Review; Comment Request Entitled Contractor's Qualifications and Financial Information</SUBJECT>
    </PREAMB>
    <SUPLINF>
      <HD SOURCE="HD2">Correction</HD>
      <P>In notice document 01-19516 appearing on page 41029 in the issue of Monday, August 6, 2001, make the following correction:</P>
      <P>In the second column, in the <E T="04">ACTION: </E> section, “pubic” should read “public ”.</P>
      
    </SUPLINF>
    <FRDOC>[FR Doc. C1-19516 Filed 8-31-01; 8:45 am]</FRDOC>
    <BILCOD>BILLING CODE 1505-01-D</BILCOD>
    <EDITOR>Laurice</EDITOR>
    <PREAMB>
      <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
      <SUBAGY>National Institute of Health</SUBAGY>
      <SUBJECT>Public Health Service</SUBJECT>
    </PREAMB>
    <SUPLINF>
      <HD SOURCE="HD2">Correction</HD>
      <P>In notice document 01-20190 beginning on page 42548 in the issue of Monday, August 13, 2001, make the following correction:</P>
      <P>On the same page, in the third column, under the heading <E T="04">Request for Public Input</E>, in paragraph (2), sixth line from the bottom, “September 27, 2001” should read “September 12, 2001”.</P>
      
    </SUPLINF>
    <FRDOC>[FR Doc. C1-20190 Filed 8-31-01; 8:45 am]</FRDOC>
    <BILCOD>BILLING CODE 1505-01-D</BILCOD>
    <EDITOR>!!!Jenn!!!</EDITOR>
    <PREAMB>
      <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
      <SUBAGY>Bureau of Indian Affairs</SUBAGY>
      <CFR>25 CFR Part 103</CFR>
      <RIN>RIN 1076-AD73</RIN>
      <SUBJECT>Loan Guaranty, Insurance, and Interest Subsidy</SUBJECT>
    </PREAMB>
    <SUPLINF>
      <HD SOURCE="HD2">Correction</HD>
      <P>In rule document 01-1249 beginning on page 3861, in the issue of Wednesday, January 17, 2001, make the following correction:</P>
      <HD SOURCE="HD1">§ 103.25 [Corrected]</HD>
      <P>On page 3871, in the second column, under the heading <E T="04">Subpart D—Provisions Relating to Borrowers</E>, in §103.25, in the first entry, “(b) A borrower” should read “(a) A borrower”.</P>
      
    </SUPLINF>
    <FRDOC>[FR Doc. C1-1249 Filed 8-31-01; 8:45 am]</FRDOC>
    <BILCOD>BILLING CODE 1505-01-D</BILCOD>
    <EDITOR>Jonn Lilyea</EDITOR>
    <PREAMB>
      <AGENCY TYPE="S">NATIONAL CREDIT UNION ADMINISTRATION</AGENCY>
      <CFR>12 CFR Part 749</CFR>
      <SUBJECT>Records Preservation Program</SUBJECT>
    </PREAMB>
    <SUPLINF>
      <HD SOURCE="HD2">Correction</HD>
      <P>In rule document 01-19104 beginning on page 40578 in the issue of Friday August 3, 2001, make the following correction:</P>
      <P>On page 40579, in the second column, the heading,</P>
      <PART>
        <HD SOURCE="HED">PART 749—RECORDS PRESERVATION PROGRAM AND RECORD</HD>
        <HD SOURCE="HD1">Retention Appendix</HD>
        <P>should read;</P>
      </PART>
      <PART>
        <HD SOURCE="HED">PART 749—RECORDS PRESERVATION PROGRAM AND RECORD RETENTION APPENDIX</HD>
        
      </PART>
    </SUPLINF>
    <FRDOC>[FR Doc. C1-19104 Filed 8-31-01; 8:45 am]</FRDOC>
    <BILCOD>BILLING CODE 1505-01-D</BILCOD>
    <EDITOR>Jonn Lilyea</EDITOR>
    <PREAMB>
      <AGENCY TYPE="S">SECURITY AND EXCHANGE COMMISSION</AGENCY>
      <DEPDOC>[Release No. IA-1960; 803-154]</DEPDOC>
      <SUBJECT>Capital Guardian Trust Company, et al.; Notice of Application</SUBJECT>
      <DATE>August 7, 2001.</DATE>
    </PREAMB>
    <SUPLINF>
      <HD SOURCE="HD2">Correction</HD>
      <P>In notice document 01-20233 beginning on page 42570 in the issue of Monday, August 13, 2001, make the following correction:</P>
      <P>On page 42570, in the second column, the Release No. should be as set forth above.</P>
      
    </SUPLINF>
    <FRDOC>[FR Doc. C1-20233 Filed 8-31-01; 8:45 am]</FRDOC>
    <BILCOD>BILLING CODE 1505-01-D</BILCOD>
    <EDITOR>Jonn Lilyea</EDITOR>
    <PREAMB>
      <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSSION</AGENCY>
      <DEPDOC>[Release No. 34-44621; File No. SR-Amex-2001-23]</DEPDOC>
      <SUBJECT>Self-Regulatory Organizations; Notice of Filing and Order Granting Accelerated Approval of Proposed Rule Change and Amendment Nos. 1 and 2 by the American Stock Exchange, LLC Relating to the Listing and Trading of Index-Linked Exchangeable Notes</SUBJECT>
      <DATE>July 30, 2001.</DATE>
    </PREAMB>
    <SUPLINF>
      <HD SOURCE="HD2">Correction</HD>
      <P>In notice document 01-19583 beginning on page 41064 in the issue of Monday, August 6, 2001, make the following correction:</P>
      <P>On page 41064, in the second column, the Release No. should be as set forth above.</P>
      
    </SUPLINF>
    <FRDOC>[FR Doc. C1-19583 Filed 8-31-01; 8:45 am]</FRDOC>
    <BILCOD>BILLING CODE 1505-01-D</BILCOD>
    <EDITOR>Jonn Lilyea</EDITOR>
    <PREAMB>
      <PRTPAGE P="46308"/>
      <AGENCY TYPE="S">SECURITY AND EXCHANGE COMMISSION</AGENCY>
      <DEPDOC>[Release No. 34-44653; File No. SR-Phlx-2001-70]</DEPDOC>
      <SUBJECT>Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness of Proposed Rule Change by the Philadelphia Stock Exchange, Inc. Extending the Pilot Program for Exchange Rule 98, Emergency Committee Until November 30, 2001</SUBJECT>
      <DATE>August 3, 2001.</DATE>
    </PREAMB>
    <SUPLINF>
      <HD SOURCE="HD2">Correction</HD>
      <P>In notice document 01-20767 beginning on page 43289 in the issue of Friday, August 17, 2001, make the following correction:</P>
      <P>On page 43289, in the third column, the date should be as set forth above.</P>
      
    </SUPLINF>
    <FRDOC>[FR Doc. C1-20767 Filed 8-31-01; 8:45 am]</FRDOC>
    <BILCOD>BILLING CODE 1505-01-D</BILCOD>
    <EDITOR>Elmer</EDITOR>
    <PREAMB>
      <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
      <SUBAGY>Federal Aviation Administration</SUBAGY>
      <CFR>14 CFR Parts 121 and 139</CFR>
      <DEPDOC>[Docket No. FAA-2000-7479; Notice No. 00-05]</DEPDOC>
      <RIN>RIN 2120-AG96</RIN>
      <SUBJECT>Certification of Airports; Correction</SUBJECT>
    </PREAMB>
    <SUPLINF>
      <HD SOURCE="HD2">Correction</HD>
      <P>In proposed rule document 01-20518 beginning on page 42807 in the issue of Wednesday, August 15, 2001, make the following correction:</P>
      <P>On page 42807, in the second column, in the third complete paragraph, in the last line, “§239.203(b)(65 FR 38673)” should read “§139.203(b)(65 FR 38673)”.</P>
      
    </SUPLINF>
    <FRDOC>[FR Doc. C1-20518 Filed 8-31-01; 8:45 am]</FRDOC>
    <BILCOD>BILLING CODE 1505-01-D</BILCOD>
  </CORRECT>
  <VOL>66 </VOL>
  <NO>171 </NO>
  <DATE>Tuesday, September 4, 2001 </DATE>
  <UNITNAME>Proposed Rules </UNITNAME>
  <NEWPART>
    <PTITLE>
      <PRTPAGE P="46309"/>
      <PARTNO>Part II </PARTNO>
      <AGENCY TYPE="P">Department of Agriculture </AGENCY>
      <SUBAGY>Farm Service Agency </SUBAGY>
      <HRULE/>
      <CFR>7 CFR Parts 735, 736, et al. </CFR>
      <TITLE>Implementation of the United States Warehouse Act; Proposed Rule </TITLE>
    </PTITLE>
    <PRORULES>
      <PRORULE>
        <PREAMB>
          <PRTPAGE P="46310"/>
          <AGENCY TYPE="S">DEPARTMENT OF AGRICULTURE </AGENCY>
          <SUBAGY>Farm Service Agency </SUBAGY>
          <CFR>7 CFR Parts 735, 736, 737, 738, 739, 740, 741 and 742 </CFR>
          <RIN>RIN 0560-AG45 </RIN>
          <SUBJECT>Implementation of the United States Warehouse Act </SUBJECT>
          <AGY>
            <HD SOURCE="HED">AGENCY:</HD>
            <P>Farm Service Agency, USDA. </P>
          </AGY>
          <ACT>
            <HD SOURCE="HED">ACTION:</HD>
            <P>Proposed rule with request for comments.</P>
          </ACT>
          <SUM>
            <HD SOURCE="HED">SUMMARY:</HD>

            <P>The Department of Agriculture (USDA) is proposing a revision of the regulations administering the United States Warehouse Act to implement the provisions of the Grain Standards and Warehouse Improvement Act of 2000 (2000 Act). The 2000 Act, enacted on November 9, 2000, amended the United States Warehouse Act (USWA) in its entirety. The 2000 Act updates Federal warehouse licensing operations, authorizes electronic warehouse receipts for all commodities, and authorizes the Secretary of Agriculture (Secretary) to establish regulations for voluntary systems for other electronic documents related to sales and transfers of agricultural products. Further information about the USWA and copies of the 2000 Act, the official transcript of January 23, 2001's public meeting, and this proposed rule may be found at <E T="03">http://www.fsa.usda.gov/daco/uswa.htm.</E>
            </P>
          </SUM>
          <EFFDATE>
            <HD SOURCE="HED">DATES:</HD>
            <P>Comments concerning this rule must be received on or before October 4, 2001 to be assured of consideration. Comments regarding the information collection requirements of the Paperwork Reduction Act must be received October 4, 2001 to be assured of consideration. </P>
            <P>
              <E T="03">Comments:</E> For complete consideration and evaluation, commenters are asked to include with each of their comments the specific page, subpart, section, sub-section, etc., of the proposed rule. Comments that suggest alternate or replacement language may be considered. Commenters may submit their comments by mail, fax, e-mail or internet to the applicable address below. </P>
          </EFFDATE>
          <ADD>
            <HD SOURCE="HED">ADDRESSES:</HD>

            <P>Comments should be sent to Roger Hinkle, Chief, Licensing Authority Branch, Warehouse and Inventory Division, Farm Service Agency (FSA), United States Department of Agriculture, STOP 0553, 1400 Independence Avenue, SW., Washington, DC 20250-0553, telephone (202) 720-2121, FAX (202) 690-3123, e-mail address, <E T="03">USWA@wdc.fsa.usda.gov,</E> or USWA's internet web page at <E T="03">http://www.fsa.usda.gov/daco/uswa.htm.</E> Persons with disabilities who require alternative means for communication of regulatory information (braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). </P>
          </ADD>
          <FURINF>
            <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
            <P>Roger Hinkle, (202) 720-7433 or e-mail USWA@wdc.fsa.usda.gov. </P>
          </FURINF>
        </PREAMB>
        <SUPLINF>
          <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
          <P> </P>
          <HD SOURCE="HD1">Executive Order 12866 </HD>
          <P>This proposed rule is issued in conformance with Executive Order 12866 and has been determined to be significant and has been reviewed by the Office of Management and Budget. </P>
          <P>A Regulatory Impact Analysis (RIA) was prepared. The USWA does not mandate participation by those it regulates; it simply offers warehouse operators and service providers an alternative means for servicing their depositors and other customers. The fees charged USWA users are intended to offset the administration of the Act. The RIA summarized the cost and benefit impact of the rule as follows: </P>
          <P>The rule offers current and potential warehouse operators a voluntary means to license warehouses used to store agricultural products. It also uniformly provides for the issuance of warehouse receipts, including electronic warehouse receipts, for agricultural products stored or handled in licensed warehouses, and for other purposes. </P>
          <P>Implementation of the USWA and the establishment of associated standards and protocols will help: (1) Maintain the competitiveness in domestic and world markets; (2) improve the prices that producers receive; and (3) eliminate any disruption in commerce. </P>
          <P>Copies of the RIA are available upon request at the address listed above. </P>
          <HD SOURCE="HD1">Regulatory Flexibility Act </HD>
          <P>It has been determined that the Regulatory Flexibility Act is not applicable to this rule because USDA is not required by 5 U.S.C. 553 or any other provision of law to publish a notice of proposed rulemaking with respect to the subject matter of this rule. </P>
          <HD SOURCE="HD1">Environmental Evaluation </HD>
          <P>It has been determined by an environmental evaluation that this action will have no significant impact on the quality of the human environment. Therefore, neither an environmental assessment nor an Environmental Impact Statement is needed. </P>
          <HD SOURCE="HD1">Executive Order 12372</HD>
          <P>This program is not subject to the provisions of Executive Order 12372, which require intergovernmental consultation with State and local officials. See the notice related to 7 CFR part 3015, subpart V, published at 48 FR 29115 (June 24, 1983). </P>
          <HD SOURCE="HD1">Unfunded Mandates Reform Act of 1995 </HD>
          <P>The provisions of Title II of the Unfunded Mandates Reform Act of 1995 are not applicable to this rule because the USDA is not required by 5 U.S.C. 553 or any other provision of law to publish a notice of proposed rulemaking with respect to the subject matter of this rule. </P>
          <HD SOURCE="HD1">Executive Order 12612 </HD>
          <P>It has been determined that this proposed rule/activity does not have sufficient Federalism implications to warrant the preparation of a Federalism Assessment. The provisions contained in this proposed rule will not have a substantial direct effect on States or their political subdivisions or on the distribution of power and responsibilities among the various levels of government. </P>
          <HD SOURCE="HD1">Background </HD>
          <P>The 2000 Act, enacted on November 9, 2000, provides for the revision of the USWA. The 2000 Act amendments provide for licensing and inspection of warehouses used to store agricultural products, issuance of warehouse receipts, including electronic warehouse receipts, for agricultural products, and for other purposes. </P>
          <P>The USWA, originally enacted in 1916, authorized the Secretary to license warehouse operators who stored agricultural products and persons to sample, weigh, inspect and grade agricultural products. The USWA licensing program has always been voluntary and regulated licensees in order to protect depositors. </P>
          <P>In 1990, the USWA was amended to direct the Secretary to establish EWRs for the cotton industry. Since the first issuance of EWRs in 1995, the number of banks, cooperatives, gins, merchants and warehouse operators participating in USWA's electronic-based program has more than doubled. The percentage of EWRs issued increased from 45 percent of the 15 million bales in 1995-1996 crop year to more than 95 percent of the 17 million bales in 1999-2000 crop year. </P>

          <P>The 2000 Act amendments include several provisions that thoroughly modernize the program and reflect the current technology advancements <PRTPAGE P="46311"/>within the agricultural marketing systems. The new provisions will make U.S. agriculture more competitive in both domestic and foreign markets through efficiencies and cost savings provided by today's computer technology and information management systems. These new provisions include: (1) Extending the USWA's authority to all agricultural products including a processed product of an agricultural commodity; (2) granting the Secretary the power to establish regulations governing one or more electronic systems under which EWRs or other electronic documents related to the shipment, payment and financing of domestic and foreign agricultural products may be issued or transferred; (3) allowing licensees or providers to provide a bond or other financial assurance as the Secretary determines appropriate; (4) allowing warehouse operators to allocate storage space to a depositor; (5) requiring warehouse operators to issue warehouse receipts only when requested by the depositor; and (6) allowing for arbitration. </P>
          <P>The proposed rule redesigns the structure of the warehouse licensing regulations by removing the eight commodity-specific regulations and replacing them with one general regulation. The commodity-specific requirements have been moved to the applicable licensing (See Exhibits A and B for cotton and grain, respectively) or provider agreements. The proposed rule updates and modifies the regulatory language, merges all similar language from the specific commodity regulations and at the same time removing redundancies, but does not substantively changing the program operations. Public comments are requested regarding the new regulatory format, including the consolidation of the specific commodity regulations into one broad, generic regulatory package; and the placement of the specific commodity requirements in the licensing agreements or the provider agreements. </P>
          <P>As a result of the merger of all the specific-commodity warehouse regulations into one generic regulation, the cotton flow standard previously codified at 7 CFR part 735.201, is not included in these regulations. The cotton flow standard has been included in the cotton-specific licensing and EWR provider agreements. </P>
          <P>The operation of the licensing program for warehouse operators, inspectors, samplers, classifiers, and weighers is not substantively changed by the proposed rule. The proposed general licensing program requirements are furnished in subparts B and C with the more specific requirements stated in the licensing agreements. Public comments are requested on the continuation of the current licensing program, including any licensing requirements that should be changed. </P>
          <P>Section 3(h) of the USWA allows the Secretary to issue regulations governing one or more electronic systems under which EWRs may be issued and transferred and other electronic documents relating to the shipment, payment, and financing of the sale of agricultural products. Previously, EWRs were only authorized for cotton. The authority for electronic conveyance of other business documents (such as grade and weight certificates, phytosanitary certificates, bills of lading, export evidence certificates or letters of credit) is a new authority. The proposed regulation in subparts D and E provides for a system where FSA will establish regulatory guidelines for systems for the electronic conveyance of these and other electronic documents that will authorize and standardize electronic documents and allow their transfer from buyer to seller across state and international boundaries. This new paperless flow of agricultural products from farm gate to end-user will provide savings and efficiencies for America's farmers. Public comments are requested on the system for electronic conveyance as provided in the proposed rule, including the use of service providers, and the involvement of FSA in standardizing the electronic document formats. </P>
          <P>The structure will mirror that structure established for cotton EWRs consisting of independent providers who have signed an agreement with FSA. Section 735.300 provides the general warehouse requirements applicable to all warehouse receipts whether paper or electronic for any agricultural product. Requirements specific to EWRs are found in section 735.302. FSA has developed two provider agreements. The EWR provider agreement for EWRs and electronic USWA documents will cover all approved agricultural products (See Exhibit C). Separate addenda will be developed to cover the commodity-specific EWRs (See Exhibit D and E for cotton and grain, respectively). FSA has developed a second provider agreement that will cover all other electronic documents (See Exhibit F). Separate addenda may be developed for each specific document. FSA decided to increase both the net worth and the insurance requirement for providers of EWRs. The net worth requirement was increased from $25,000 to $100,000 and the insurance coverage required was increased to $4 million. These changes are codified at Section 735.401. Public comments are requested on these increases in financial requirements. </P>
          <P>Section 11(e)(4) of the USWA provides that “an electronic receipt issued or other electronic document transferred, in accordance with this Act shall not be denied legal effect, validity, or enforceability on the ground that the information is generated, sent, received, or stored by electronic or similar means.” Accordingly, this proposed rule in subpart E sets forth the manner in which a private person may be approved to establish a system that accomplishes these functions. Under the provider agreement for these functions, in addition to other activities, a party will be able to take a paper document relating to the shipment, payment, and financing of the sale of an agricultural product to an approved provider and the provider may generate an identical electronic document for electronic transmission. This aspect of the USWA will allow parties to conduct all aspects of these agricultural transactions in an electronic manner whereas currently, in many instances, necessary documents are in a paper format and must be physically delivered to another party. </P>

          <P>Entities involved in transactions which are anticipated to be conducted under such a system are anticipated to be primarily those which are involved in international shipments in which the financing of the sale will be through the use of various commercial instruments including letters of credit issued by foreign entities. The value of the commodity and associated cargo costs involved in these transactions will often exceed $10 million. Unlike those providers which are authorized to administer an electronic system with respect to warehouse receipts, the providers which are approved by the Secretary to operate this broader system which, encompasses all financial and shipping activities, are authorized to “generate” a document for use by parties to a transaction. Accordingly, the liability of these providers is significantly greater and FSA has determined that the financial net worth requirements for these providers should be significantly greater in order to ensure, in the event there are errors committed by the providers, that affected parties have the ability to recoup any losses which they may incur as a result of the provider's conduct. The financial requirements for providers of other electronic documents are found in Section 735.402 and require a provider to have a net worth of $10 million and maintain 2 insurance <PRTPAGE P="46312"/>policies for a total coverage of $50 million. Public comments are sought regarding the net worth and insurance requirements for the provider of other electronic documents including the reasonableness of the requirements, and alternative levels for consideration. </P>
          <P>Section 11(e) also provides that in establishing this electronic document system, the Secretary may act “notwithstanding any other provision of Federal or State law. * * *” In order to provide a uniform system in developing documents for inclusion in this system and to provide for a uniform resolution of disputes that arise in the administration of this system, the proposed rule provides that the law of New York State will govern all transactions entered into with the use of the system except for laws relating to the legal doctrines of the choice of law and determination of venue. FSA has determined that, taking into account the large body of commercial law which has developed in the State of New York, especially laws relating to complex financing agreements involving international transactions which utilize letters of credit, such an approach would: (1) Make clear to all users of the system the law that would be applied regardless of the location of the provider, the location of the various parties to the transaction and the location of the actual activity that is the focus of the transaction; (2) assist in the development of uniform documents by more than one approved provider; and (3) reduce transactional costs as a result of the uniformity in documents, especially in the case of international transactions. Public comments are requested on the decision to use the law of the State of New York to govern all transactions under the electronic system. </P>
          <P>The Secretary is authorized to assess and collect fees from Federally-licensed warehouse operators, approved providers and other users of the USWA. The fees are intended to offset the cost of operating the revised USWA. The fee schedule is included as an addendum to the licensing and provider agreement and is available from the Deputy Administrator for Commodity Operations, located in Washington, D.C. </P>
          <P>Section 202 of the 2000 Act imposes certain deadlines for the regulations and on the effectiveness of the existing USWA. Final regulations are required to be in place no later than 180 days after the date of enactment. The USWA as it previously existed terminates not later than August 1, 2001. This proposed rule has been issued with a 30-day comment period, and FSA intends to issue the final rule as soon as possible after comments have been received and evaluated. </P>
          <HD SOURCE="HD1">Paperwork Reduction Act </HD>
          <P>
            <E T="03">Title:</E> 7 CFR 735, United States Warehouse Act. </P>
          <P>
            <E T="03">OMB Control Number:</E> 0560-0120. </P>
          <P>
            <E T="03">Expiration Date:</E> March 31, 2003. </P>
          <P>
            <E T="03">Type of Request:</E> Request for approval of a revised information collection. </P>
          <P>
            <E T="03">Abstract:</E> USDA will collect information from those individuals who voluntarily apply for warehouse licensing under the USWA and meet the minimum requirements for licensing for the applicable agricultural product. The USWA also provides for the voluntary approval and governing of one or more electronic provider systems under which farmers and merchants transfer electronic receipts or documents relating to the shipment, payment, and financing of the sale of agricultural products. Applicants must voluntarily certify that they will abide by the provisions of the USWA. </P>
          <P>Information secured voluntarily from interested warehouse operators forms the basis for the issuance, suspension, reinstatement, or revocation of a license. </P>
          <P>Likewise, information secured voluntarily from an interested electronic provider forms the basis for approval under the USWA, which allows for the use of electronic warehouse receipts for all agricultural products and the use of other electronic documents. </P>
          <P>The provider agreement entered into by a private person and the FSA sets forth the manner in which this person may be approved to establish a system that accomplishes how information is generated, sent, received, or stored by electronic or similar means. </P>
          <P>Approved providers must have a signed agreement with FSA, comply with the terms of that agreement, maintain specific financial and bonding requirements, pay user fees, establish and retain contemporaneous records of each EWR entry and access, be liable to the Secretary for issues associated with system failure or malfunction, furnish annual audit level financial statements, and submit to FSA an electronic data processing audits. This audit encompasses the provider's fiscal year and must evidence current computer operations, security, disaster recovery capabilities of the system, and other related systems. Information maintained to accommodate requirements under the provider agreement are considered to be normal operating practices for those private individuals who become approved providers and adds no additional burden to their day-to-day operations. </P>
          <P>
            <E T="03">Estimate of Respondent Burden:</E> The estimated average public reporting burden for the collection of information is 30 minutes per response; </P>
          <P>
            <E T="03">Respondents:</E> Warehouse operators and electronic providers; </P>
          <P>
            <E T="03">Estimated Number of Respondents:</E> 4,600; </P>
          <P>
            <E T="03">Estimated Number of Responses per Respondent:</E> One response per year; </P>
          <P>
            <E T="03">Estimated Annual Number of Responses:</E> 25,937 and </P>
          <P>
            <E T="03">Estimated Total Annual Burden Hours on Respondents:</E> 14,701 hours. </P>
          <P>In addition to commenting on the substance of the regulation, the public is invited to comment on the information collection. Proposed topics include the following: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information technology; or (d) ways to minimize the burden of the information collection on those who are to respond (such as through the use of appropriate automated, electronic, mechanical, or other technological collection techniques) or other forms of information technology; e.g., permitting electronic submission response. The information collection package may be obtained from Steve Gill, at the address listed below. Comments regarding the information collections may be sent to the Desk Officer for Agriculture, Office of Information and Regulatory Affairs, OMB, Washington, DC 20503, and to Steve Gill, Director, Warehouse and Inventory Division, FSA, USDA, STOP 0553, 1400 Independence Avenue, SW., Washington, DC 20250-0553. </P>
          <LSTSUB>
            <HD SOURCE="HED">List of Subjects in 7 CFR Part 735 </HD>
            <P>Administrative practice and procedure, Agricultural commodities, Beans, Cotton, Cottonseeds, Grain, Nuts, Sugar, Surety Bonds, Tobacco, Warehouses, Wool.</P>
          </LSTSUB>
          <P>For the reasons stated in the preamble, FSA proposes to amend 7 CFR Chapter 700 as follows: </P>
          <PART>
            <HD SOURCE="HED">PART 735—COTTON WAREHOUSES</HD>
            <P>1. Part 735 is revised to read as follows:</P>
          </PART>
          <PART>
            <HD SOURCE="HED">PART 735—REGULATIONS FOR THE UNITED STATES WAREHOUSE ACT </HD>
            <SUBPART>
              <HD SOURCE="HED">Subpart A—General Provisions <PRTPAGE P="46313"/>
              </HD>
            </SUBPART>
            <CONTENTS>
              <SECHD>Sec. </SECHD>
              <SECTNO>735.1</SECTNO>
              <SUBJECT>Applicability. </SUBJECT>
              <SECTNO>735.2</SECTNO>
              <SUBJECT>Administration. </SUBJECT>
              <SECTNO>735.3</SECTNO>
              <SUBJECT>Definitions. </SUBJECT>
              <SECTNO>735.4</SECTNO>
              <SUBJECT>Fees. </SUBJECT>
              <SECTNO>735.5</SECTNO>
              <SUBJECT>Penalties. </SUBJECT>
              <SECTNO>735.6</SECTNO>
              <SUBJECT>Suspension and revocation. </SUBJECT>
              <SECTNO>735.7</SECTNO>
              <SUBJECT>Return of suspended or revoked license or provider agreement. </SUBJECT>
              <SECTNO>735.8</SECTNO>
              <SUBJECT>Appeals. </SUBJECT>
              <SECTNO>735.9</SECTNO>
              <SUBJECT>Dispute resolution and arbitration of private parties. </SUBJECT>
              <SECTNO>735.10</SECTNO>
              <SUBJECT>Posting of license, certificate of approval or other USWA documents. </SUBJECT>
              <SECTNO>735.11</SECTNO>
              <SUBJECT>Lost or destroyed licenses or agreements. </SUBJECT>
              <SECTNO>735.12</SECTNO>
              <SUBJECT>Safe keeping of records. </SUBJECT>
              <SECTNO>735.13</SECTNO>
              <SUBJECT>Information of violations. </SUBJECT>
              <SECTNO>735.14</SECTNO>
              <SUBJECT>Bonding and other financial assurance requirements. </SUBJECT>
              <SUBPART>
                <HD SOURCE="HED">Subpart B—WArehouse Licensing </HD>
                <SECTNO>735.100</SECTNO>
                <SUBJECT>Application. </SUBJECT>
                <SECTNO>735.101</SECTNO>
                <SUBJECT>Financial records and reporting requirements. </SUBJECT>
                <SECTNO>735.102</SECTNO>
                <SUBJECT>Financial assurance requirements. </SUBJECT>
                <SECTNO>735.103</SECTNO>
                <SUBJECT>Amendments to license. </SUBJECT>
                <SECTNO>735.104</SECTNO>
                <SUBJECT>Insurance requirements. </SUBJECT>
                <SECTNO>735.105</SECTNO>
                <SUBJECT>Care of agricultural products. </SUBJECT>
                <SECTNO>735.106</SECTNO>
                <SUBJECT>Excess storage and transferring of agricultural products. </SUBJECT>
                <SECTNO>735.107</SECTNO>
                <SUBJECT>Warehouse charges and tariffs. </SUBJECT>
                <SECTNO>735.108</SECTNO>
                <SUBJECT>Inspections and examinations of warehouses. </SUBJECT>
                <SECTNO>735.109</SECTNO>
                <SUBJECT>Disaster loss to be reported. </SUBJECT>
                <SECTNO>735.110</SECTNO>
                <SUBJECT>Conditions for delivery of agricultural products. </SUBJECT>
                <SECTNO>735.111</SECTNO>
                <SUBJECT>Fair treatment. </SUBJECT>
                <SECTNO>735.112</SECTNO>
                <SUBJECT>Terminal and futures contract markets </SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart C—Inspectors, Samplers, Classifiers, and Weighers </HD>
                <SECTNO>735.200</SECTNO>
                <SUBJECT> Service licenses. </SUBJECT>
                <SECTNO>735.201</SECTNO>
                <SUBJECT>Inspection certificate; form. </SUBJECT>
                <SECTNO>735.202</SECTNO>
                <SUBJECT>Standards of grades for other agricultural products. </SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart D—Warehouse Receipts </HD>
                <SECTNO>735.300</SECTNO>
                <SUBJECT>Warehouse receipt requirements. </SUBJECT>
                <SECTNO>735.301</SECTNO>
                <SUBJECT>Notification requirements. </SUBJECT>
                <SECTNO>735.302</SECTNO>
                <SUBJECT>Electronic warehouse receipts. </SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart E—Electronic Providers </HD>
                <SECTNO>735.400</SECTNO>
                <SUBJECT>Administration. </SUBJECT>
                <SECTNO>735.401</SECTNO>
                <SUBJECT>Electronic warehouse receipt and USWA electronic document providers. </SUBJECT>
                <SECTNO>735.402</SECTNO>
                <SUBJECT>Providers of other electronic documents. </SUBJECT>
                <SECTNO>735.403</SECTNO>
                <SUBJECT>Audits. </SUBJECT>
                <SECTNO>735.404</SECTNO>
                <SUBJECT>Fees. </SUBJECT>
                <SECTNO>735.405</SECTNO>
                <SUBJECT>Choice of law. </SUBJECT>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P> 7 U.S.C. 241 <E T="03">et seq.</E>
              </P>
            </AUTH>
            <SUBPART>
              <HD SOURCE="HED">Subpart A—General Provisions </HD>
              <SECTION>
                <SECTNO>§ 735.1</SECTNO>
                <SUBJECT>Applicability. </SUBJECT>
                <P>(a) The regulations of this part set forth the terms and conditions under which the Farm Service Agency (FSA) will administer the United States Warehouse Act (the Act). These regulations set forth the standards and the terms and conditions a participant or provider must meet to be eligible for licensing or approval under the Act. </P>
                <P>(b) Additional terms and conditions may be set forth in applicable licensing agreements, provider agreements and other documents. </P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 735.2</SECTNO>
                <SUBJECT>Administration. </SUBJECT>
                <P>(a) FSA will administer all provisions of the Act under the general direction and supervision of the FSA's Deputy Administrator, Commodity Operations, (DACO), or designee. </P>
                <P>(b) DACO may waive or modify program requirements or deadlines in cases where lateness or failure to meet such other requirements does not adversely affect the programs operated under the Act. </P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 735.3</SECTNO>
                <SUBJECT>Definitions. </SUBJECT>
                <P>Words used in this part in the singular form will be deemed to import the plural, and vice versa, as the case may demand. For the purposes of this part, unless the context otherwise requires; and will be applicable to the program authorized by this part and will be used in all aspects of administering this program: </P>
                <P>
                  <E T="03">Access</E> means the ability when authorized, to read, change, and transfer warehouse receipts or other applicable document information retained in a central filing system. </P>
                <P>
                  <E T="03">Agricultural product</E> means an agricultural produced product stored or handled for the purposes of interstate or foreign commerce including a processed product of an agricultural product as determined by DACO. </P>
                <P>
                  <E T="03">Approval</E> means the consent provided by DACO for a person to engage in an activity authorized by the Act. </P>
                <P>
                  <E T="03">Central filing system</E> (CFS) means an electronic system operated and maintained by a provider approved by DACO where the information relating to warehouse receipts, USWA documents and other electronic documents are recorded and maintained in a transparent, secure, unbiased and anonymous condition. </P>
                <P>
                  <E T="03">Control of the facility</E> means ultimate responsibility for the operation and integrity of a facility by ownership, lease, or operating agreement. </P>
                <P>
                  <E T="03">Department</E> means the Department of Agriculture. </P>
                <P>
                  <E T="03">Electronic document</E> means a document that is generated, sent, received, or stored by electronic, optical, or similar means, including electronic data interchange, electronic mail, telegram, telex, or telecopy. </P>
                <P>
                  <E T="03">Electronic warehouse receipt</E> (EWR) means a warehouse receipt that is authorized by DACO to be issued or transmitted under the Act in the form of an electronic document. </P>
                <P>
                  <E T="03">Examiner</E> means an individual designated by DACO for the purpose of examining warehouses. </P>
                <P>
                  <E T="03">Financial assurance</E> means the surety or other financial obligation approved by DACO that is a condition of receiving a license or approval under the Act. </P>
                <P>
                  <E T="03">Force Majeure</E> means severe weather conditions, fire, explosion, flood, earthquake, insurrection, riot, strike, labor dispute, act of civil or military, non-availability of transportation facilities, or any other cause beyond the control of the warehouse operator or provider that renders performance impossible. </P>
                <P>
                  <E T="03">Holder</E> means a person that has possession in fact or by operation of law of a warehouse receipt or any electronic document. </P>
                <P>
                  <E T="03">License</E> means a license issued under the Act by DACO. </P>
                <P>
                  <E T="03">Licensing agreement</E> means the document and any amendment to such agreement executed by the warehouse operator and FSA specifying licensing terms and conditions specific to the warehouse operator and the agricultural product licensed to be stored. </P>
                <P>
                  <E T="03">Non-stored agricultural product</E> means an agricultural product received temporarily into a warehouse for conditioning, transferring, assembling for shipment, or lots of an agricultural product moving through a warehouse for current merchandising or milling use, against which no warehouse receipts are issued and no storage charges assessed. </P>
                <P>
                  <E T="03">Official Standards of the United States</E> means the standards of the quality or condition for an agricultural product, fixed and established under the United States Cotton Standards Act, the United States Grain Standards Act, the Agricultural Marketing Act of 1946, or other applicable official United States Standards. </P>
                <P>
                  <E T="03">Other electronic documents</E> means those electronic documents, other than an EWR, related to the shipment, payment or financing of agricultural products that DACO has approved for inclusion in a provider's CFS. </P>
                <P>
                  <E T="03">Person</E> means a person as set forth in 1 U.S.C. 1.; a State; and a political subdivision of a State. </P>
                <P>
                  <E T="03">Provider</E> means a person that maintains one or more electronic systems that has been approved by DACO. </P>
                <P>
                  <E T="03">Provider Agreement</E> means the document and any amendment to such agreement executed by the provider and FSA that sets forth the provider's responsibilities concerning the provider's maintenance of a CFS. </P>
                <P>
                  <E T="03">Receipt</E> means a warehouse receipt issued in accordance with the Act, <PRTPAGE P="46314"/>including an electronic warehouse receipt. </P>
                <P>
                  <E T="03">Schedule of fees</E> means the fees charged for services provided under the Act. </P>
                <P>
                  <E T="03">Service license</E> means the document and any amendment to such agreement executed by a person licensed under the Act to perform required services such as inspection, sampling, grading, classifying, or weighing services for the licensed warehouse. </P>
                <P>
                  <E T="03">Stored agricultural products</E> means all agricultural products received into, stored within, or delivered out of the warehouse which is not classified as a non-storage agricultural product under this part. </P>
                <P>
                  <E T="03">User</E> means a person that uses a provider's CFS. </P>
                <P>
                  <E T="03">Warehouse</E> means a structure or other approved storage facility, as determined by DACO, in which any agricultural product may be stored or handled. </P>
                <P>
                  <E T="03">Warehouse capacity</E> means the maximum quantity of an agricultural product that the warehouse will accommodate when stored in a manner customary to the warehouse as determined by DACO. </P>
                <P>
                  <E T="03">Warehouse Operator</E> means a person lawfully engaged in the business of storing or handling agricultural products. </P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 735.4</SECTNO>
                <SUBJECT>Fees. </SUBJECT>
                <P>(a) Warehouse operators, licensees, applicants or providers must pay: </P>
                <P>(1) An annual fee as provided in the applicable licensing or provider agreement. </P>
                <P>(2) Fees that FSA assesses for examinations and audits. </P>
                <P>(b) The schedule showing the current fees or any annual fee changes will be provided as an addendum to the applicable licensing or provider agreement or is available at: </P>
                <P>(1) DACO's USWA website, or </P>
                <P>(2) May be requested at the following address: Deputy Administrator, Commodity Operations, Farm Service Agency, United States Department of Agriculture, STOP 0550, 1400 Independence Avenue, SW., Washington, D.C. 20250-0550. </P>
                <P>(c) At the sole discretion of DACO, these fees may be waived. </P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 735.5</SECTNO>
                <SUBJECT>Penalties. </SUBJECT>
                <P>If a person fails to comply with any requirement of the Act, the regulations set forth in this part or any applicable licensing or provider agreement, DACO may assess after an opportunity for a hearing as provided in § 735.8, a civil penalty: </P>
                <P>(a) Of not more than $25,000 per violation, if an agricultural product is not involved in the violation; or </P>
                <P>(b) Of not more than 100 percent of the value of the agricultural product, if an agricultural product is involved in the violation. </P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 735.6</SECTNO>
                <SUBJECT>Suspension and revocation. </SUBJECT>
                <P>(a) DACO may, after an opportunity for a hearing as provided in § 735.8, suspend or revoke any license or agreement issued under the Act, for any violation of or failure to comply with any provision of the Act, regulations or any applicable licensing or provider agreement. </P>
                <P>(b) The reasons for a suspension or revocation under this part include, but are not limited to: </P>
                <P>(1) Failure to perform licensed or approved services as provided in this part or in the applicable licensing or provider agreement; </P>
                <P>(2) Failure to maintain minimum financial requirements as provided in the applicable licensing or provider agreement; and </P>
                <P>(3) Failure to submit a proper annual financial statement within the established time period as provided in the applicable licensing or provider agreement. </P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 735.7</SECTNO>
                <SUBJECT>Return of suspended or revoked license or provider agreement. </SUBJECT>
                <P>When a license issued to a warehouse operator or an agreement to a provider ends or is suspended or revoked by DACO, such license and applicable licensing agreement or provider agreement and certificate of approval must be immediately returned to DACO. </P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 735.8</SECTNO>
                <SUBJECT>Appeals. </SUBJECT>
                <P>(a) Any person who is subject to an adverse determination made under the Act may appeal the determination by filing a written request with DACO at the following address: Deputy Administrator, Commodity Operations, Farm Service Agency, United States Department of Agriculture, STOP 0550, 1400 Independence Avenue, SW., Washington, D.C. 20250-0550. </P>
                <P>(b) Any person who believes that they have been adversely affected by a determination under this part must seek review with DACO within twenty-one business days of such determination, unless provided with notice by DACO of a different deadline. </P>
                <P>(c) Appeals procedure. The appeal process set forth in this part is applicable to all licensees and providers under any provision of the Act, regulations or any applicable licensing agreement as follows: </P>
                <P>(1) DACO will notify the person in writing of the nature of the suspension or revocation action. </P>
                <P>(2) The person must notify DACO of any appeal to its action within twenty-one business days. </P>
                <P>(3) The appeal and request must state whether: </P>
                <P>(i) A hearing is requested; </P>
                <P>(ii) The person will appear in person at such hearing; or </P>
                <P>(iii) Such hearing will be held by telephone. </P>
                <P>(4) DACO will provide the person a written acknowledgment of their request to pursue an appeal. </P>
                <P>(5) When a person requests an appeal and does not request a hearing DACO will allow that person: </P>
                <P>(i) To submit in writing the reasons why they believe DACO's determination to be in error. </P>
                <P>(ii) Twenty-one business days from the receipt of the acknowledgment, to file any statements and documents in support of their appeal. </P>
                <P>(iii) An additional fifteen business days to respond to any new issues raised by DACO in response to the person's initial submission. </P>
                <P>(6) If the person requests to pursue an appeal and requests a hearing, DACO will: </P>
                <P>(i) Notify the person of the date of the hearing. </P>
                <P>(ii) Determine the location of the hearing, when such a person requests to appear in person. </P>
                <P>(iii) Notify the person of the location of the hearing. </P>
                <P>(iv) Afford the person twenty-one business days from the receipt of the notification of the scheduling of the hearing to submit any statements and documents in support of the appeal. </P>
                <P>(v) Allow the person an additional fifteen days from the date of the hearing to submit any additional material. </P>
                <P>(7) Determinations of DACO will be final and no further appeal within USDA will be available except as may be specified in the final determination of DACO. </P>
                <P>(8) A person may not initiate an action in any court of competent jurisdiction prior to the exhaustion of the administrative appeal process set forth in this section. </P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 735.9</SECTNO>
                <SUBJECT>Dispute resolution and arbitration of private parties. </SUBJECT>

                <P>(a) Any claim for noncompliance or unresolved dispute between a warehouse operator or provider and another party with respect to activities authorized under the Act may be resolved by the parties involved through mutually agreed upon arbitration procedures or as may be prescribed in the applicable licensing agreement. The arbitration procedures must be nondiscriminatory and provide each <PRTPAGE P="46315"/>party equal access and protection relating to the disputed issue. No arbitration determination or award will affect DACO's authority under this part. </P>
                <P>(b) In the event a party requests arbitration assistance from DACO the initiating party will be responsible for all costs incurred by DACO. </P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 735.10 </SECTNO>
                <SUBJECT>Posting of license, certificate of approval or other USWA documents. </SUBJECT>
                <P>(a) The warehouse operator must post, in a conspicuous place in the principal place where warehouse receipts are issued, a statement approved by DACO that the warehouse operator is an approved licensee under the Act. </P>
                <P>(b) Immediately upon receipt of their service license or any modification or extension thereof under the Act, the licensee and warehouse operator must jointly post the same, and thereafter, except as otherwise provided in the regulations in this part or as prescribed in the applicable licensing agreement, and keep such license conspicuously posted in the office where all or most of the services are done, or in such place as may be designated by FSA. </P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 735.11 </SECTNO>
                <SUBJECT>Lost or destroyed licenses or agreements. </SUBJECT>
                <P>FSA will replace a lost or destroyed license or agreement upon satisfactory proof of loss or destruction. FSA will mark such license or agreement as a duplicate. </P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 735.12 </SECTNO>
                <SUBJECT>Safe keeping of records. </SUBJECT>
                <P>Each warehouse operator or provider must store all records, books, and papers pertaining to the licensed warehouse or provider system in a fireproof safe, vault, compartment or other place approved by FSA in which to keep such documents when not in actual use. </P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 735.13 </SECTNO>
                <SUBJECT>Information of violations. </SUBJECT>
                <P>Every person licensed or approved under the Act must immediately furnish DACO any information which comes to the knowledge of such person that indicates that any provision of the Act or the regulations in this part has been violated. </P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 735.14 </SECTNO>
                <SUBJECT>Bonding and other financial assurance requirements. </SUBJECT>
                <P>(a) As a condition of receiving a license or approval under the Act, the person applying for the license or approval must execute and file with DACO a bond, or provide such other financial assurance as DACO determines appropriate, to secure the person's compliance with the Act. </P>
                <P>(b) Such bond or assurance must be for a period of not less than one year and in such amount as required by DACO. </P>
                <P>(c) Failure to provide for, or renew, a bond or a financial assurance instrument will result in the immediate and automatic revocation of the warehouse operator's license or provider's agreement. </P>
                <P>(d) If DACO determines that a previously approved bond or other financial assurance is insufficient, DACO may immediately suspend or revoke the license or approval covered by the bond or other financial assurance if the person that filed the bond or other financial assurance does not provide such additional bond or other financial assurance as DACO determines appropriate. </P>
                <P>(e) To qualify as a suitable bond or other financial assurance, the entity issuing the bond or other financial assurance must be subject to service of process in suits on the bond or other financial assurance in the State in which the warehouse is located. </P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart B—Warehouse Licensing </HD>
              <SECTION>
                <SECTNO>§ 735.100 </SECTNO>
                <SUBJECT>Application. </SUBJECT>
                <P>(a) An applicant for a license must submit to DACO information and documents determined by DACO to be sufficient to determine that the applicant can comply with the provisions of the Act. Such documents must include a current review or an audit level financial statement prepared according to generally accepted accounting standards as defined by the American Institute of Certified Public Accountants, and for any entity that is not an individual, a current copy of each applicable organization document that establishes proof of the existence of the entity, such as:</P>
                <GPOTABLE CDEF="s50,r50" COLS="2" OPTS="L2,tp0,p0,7/8,g1,t1,i1">
                  <TTITLE>  </TTITLE>
                  <BOXHD>
                    <CHED H="1">  </CHED>
                    <CHED H="1">  </CHED>
                  </BOXHD>
                  <ROW>
                    <ENT I="01">For a Partnership</ENT>
                    <ENT>Executed partnership agreement. </ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">For a Corporation</ENT>
                    <ENT>(1) Articles of incorporation certified by the secretary of state of the applicable state of incorporation; (2) Bylaws; and (3) Declaration of Corporate Principal. </ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">For a Limited Partnership</ENT>
                    <ENT>(1) Executed limited partnership agreement. </ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">For a Limited Liability Company</ENT>
                    <ENT>(1) Articles of Organization or similar documents; and (2) Operating Agreement or similar agreement. </ENT>
                  </ROW>
                </GPOTABLE>
                <P>(b) The warehouse facilities of an operator licensed under the Act must, as determined by DACO, be: </P>
                <P>(1) Physically and operationally suitable for proper storage of the applicable agricultural product or agricultural products specified in the license; </P>
                <P>(2) Operated according to generally accepted warehousing practices in the industry for the applicable agricultural product or agricultural products stored in the facility; and </P>
                <P>(3) Subject to the control of the warehouse operator including all contiguous storage space with respect to such facilities. </P>
                <P>(c) As specified in individual licensing agreements a warehouse operator must: </P>
                <P>(1) Meet the basic financial requirements determined by DACO; and </P>
                <P>(2) Meet the net worth requirements determined by DACO; </P>
                <P>(d) In order to obtain a license, the warehouse operator must correct any exceptions made by the warehouse examiner at the time of the original warehouse examination. </P>
                <P>(e) DACO may issue a license for the storage of two or more agricultural products in a single warehouse as provided in the applicable licensing agreements. The amount of the bond or financial assurance, net worth, and inspection and license fees will be determined by DACO in accordance with the licensing agreements applicable to the specific agricultural product, based upon the warehouses' total capacity storing such product, which would require: </P>
                <P>(1) The largest bond or financial assurance; </P>
                <P>(2) The greatest amount of net worth; and </P>
                <P>(3) The greatest amount of fees.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 735.101 </SECTNO>
                <SUBJECT>Financial records and reporting requirements. </SUBJECT>
                <P>(a) Warehouse operators must maintain complete, accurate, and current financial records that must be available to DACO for review or audit at DACO's request as may be prescribed in the applicable licensing agreement. </P>
                <P>(b) Warehouse operators must, annually, present a financial statement as may be prescribed in the applicable licensing agreement to DACO. </P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 735.102 </SECTNO>
                <SUBJECT>Financial assurance requirements. </SUBJECT>
                <P>(a) Warehouse operators must file with DACO financial assurances approved by DACO consisting of: </P>
                <P>(1) A warehouse operator's bond; or </P>

                <P>(2) Obligations that are unconditionally guaranteed as to both interest and principal by the United States, in a sum equal at their par value to the amount of the bond otherwise required to be furnished, together with an irrevocable power of attorney authorizing DACO to collect, sell, assign <PRTPAGE P="46316"/>and transfer such obligations in case of any default in the performance of any of the conditions required in the licensing agreement; or </P>
                <P>(3) An irrevocable letter of credit issued in the favor of DACO with a term of not less than two years; or </P>
                <P>(4) A certificate of participation in, and coverage by, an indemnity or insurance fund as approved by DACO, established and maintained by a State, backed by the full faith and credit of the applicable State, which guarantee's depositors of the licensed warehouse full indemnification for the breach of any obligation of the licensed warehouse operator under the terms of the Act. If a warehouse operator files a bond or financial assurance in the form of a certification of participation in an indemnity or insurance fund, the certification may only be used to satisfy any deficiencies in assets above the minimum net worth requirement as prescribed in the applicable licensing agreement. A certificate of participation and coverage in this fund must be furnished to DACO annually; or </P>
                <P>(5) Other forms of financial assurance as may be approved by DACO as provided in the applicable licensing agreement. </P>
                <P>(b) The warehouse operator may not withdraw obligations required under this section until one year after license termination or until satisfaction of any claims against the obligations whichever is later. </P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 735.103 </SECTNO>
                <SUBJECT>Amendments to license. </SUBJECT>
                <P>The FSA will issue an amended license upon: </P>
                <P>(a) Receipt of forms prescribed and furnished by DACO outlining the requested changes to the license; </P>
                <P>(b) Payment of applicable licensing and examination fees; </P>
                <P>(c) Receipt of bonding or other financial assurance if required in the applicable licensing agreement; and </P>
                <P>(d) Receipt of a report on the examination of the proposed facilities pending inclusion or exclusion, if determined necessary by DACO. </P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 735.104 </SECTNO>
                <SUBJECT>Insurance requirements. </SUBJECT>
                <P>Each warehouse operator must comply fully with the terms of insurance policies or contracts covering their licensed warehouse and all products stored therein, and must not commit any acts, nor permit others to do anything, which might impair or invalidate such insurance. </P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 735.105 </SECTNO>
                <SUBJECT>Care of agricultural products. </SUBJECT>
                <P>Each warehouse operator must at all times, including during any period of suspension of their license, exercise such care in regard to agricultural products in their custody as required in the applicable licensing agreement. </P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 735.106 </SECTNO>
                <SUBJECT>Excess storage and transferring of agricultural products. </SUBJECT>
                <P>(a) If at any time a warehouse operator stores an agricultural product in a warehouse subject to a license issued under the Act in excess of the capacity for which it is licensed, such warehouse operator must immediately notify DACO of such excess storage and the reason for the storage. </P>
                <P>(b) A warehouse operator who desires to transfer stored agricultural products to another warehouse may do so either by physical movement, or by other methods as may be provided in the applicable licensing agreement. </P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 735.107 </SECTNO>
                <SUBJECT>Warehouse charges and tariffs. </SUBJECT>
                <P>(a) A warehouse operator will not make any unreasonable or exorbitant charge for services rendered. </P>
                <P>(b) A warehouse operator must follow the terms and conditions for each new or revised warehouse tariff or schedule of charges as prescribed in the applicable licensing agreement. </P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 735.108 </SECTNO>
                <SUBJECT>Inspections and examinations of warehouses. </SUBJECT>
                <P>Warehouse operators must permit any agent of the Department, to enter and inspect or examine, on any business day during the usual hours of business, any licensed warehouse, the offices of the warehouse operator, the books, records, papers, and accounts. </P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 735.109 </SECTNO>
                <SUBJECT>Disaster loss to be reported. </SUBJECT>
                <P>If at any time a disaster or loss occurs at or within any licensed warehouse, the warehouse operator must report immediately the occurrence of the disaster or loss and the extent of damage, to DACO. </P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 735.110 </SECTNO>
                <SUBJECT>Conditions for delivery of agricultural products. </SUBJECT>
                <P>(a) In the absence of a lawful excuse, a warehouse operator will, without unnecessary delay, deliver the agricultural product stored or handled in the warehouse on a demand made by: </P>
                <P>(1) The holder of the warehouse receipt for the agricultural product; or </P>
                <P>(2) The person that deposited the product, if no warehouse receipt has been issued. </P>
                <P>(b) Prior to delivery of the agricultural product, payment of the accrued charges associated with the storage of the agricultural product, including satisfaction of the warehouse operator's lien, if owed, must be made if requested by the warehouse operator. </P>
                <P>(c) When the holder of a warehouse receipt requests delivery of an agricultural product covered by the warehouse receipt, the holder must surrender the warehouse receipt to the warehouse operator, in the manner prescribed by DACO, to obtain the agricultural product. </P>
                <P>(d) A warehouse operator must cancel each warehouse receipt returned to the warehouse operator upon the delivery of the agricultural product for which the warehouse receipt was issued. </P>
                <P>(e) For the purpose of this part, unless prevented from doing so by force majeure, a warehouse operator will deliver or ship such agricultural products stored or handled in their warehouse as prescribed in the applicable licensing or provider agreement. </P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 735.111 </SECTNO>
                <SUBJECT>Fair treatment. </SUBJECT>
                <P>(a) Contingent upon the capacity of a warehouse, a warehouse operator will deal, in a fair and reasonable manner, with persons storing, or seeking to store, an agricultural product in the warehouse if the agricultural product— </P>
                <P>(1) Is of the kind, type, and quality customarily stored or handled in the area in which the warehouse is located; </P>
                <P>(2) Is tendered to the warehouse operator in a suitable condition for warehousing; and </P>
                <P>(3) Is tendered in a manner that is consistent with the ordinary and usual course of business. </P>
                <P>(b) Nothing in this section will prohibit a warehouse operator from entering into an agreement with a depositor of an agricultural product to allocate available storage space. </P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 735.112 </SECTNO>
                <SUBJECT>Terminal and futures contract markets. </SUBJECT>
                <P>(a) DACO may issue service licenses to weigh masters or their deputies to perform services relating to warehouse receipts which are deliverable in satisfaction of futures contracts in such contract markets or as may be prescribed in any applicable licensing agreement. </P>
                <P>(b) DACO may approve, as registrar of warehouse receipts issued for an agricultural product in a warehouse licensed under the Act which operates in any terminal market or in any futures contract market, the official designated by officials of the State in which such market is located if such individual is not:</P>
                <P>(1) An owner or employee of licensed warehouse;</P>
                <P>(2) The owner of, or an employee of the owner of, such agricultural product deposited in any such licensed warehouse; or</P>
                <P>(3) As may be prescribed in any applicable licensing or provider agreement. </P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <PRTPAGE P="46317"/>
              <HD SOURCE="HED">Subpart C—Inspectors, Samplers, Classifiers, and Weighers </HD>
              <SECTION>
                <SECTNO>§ 735.200 </SECTNO>
                <SUBJECT>Service licenses. </SUBJECT>
                <P>(a) FSA may issue to a person a license for:— </P>
                <P>(1) Inspection of any agricultural product stored or handled in a warehouse subject to the Act; </P>
                <P>(2) Sampling of such an agricultural product; </P>
                <P>(3) Classification of such an agricultural product according to condition, grade, or other class and certify the condition, grade, or other class of the agricultural product; </P>
                <P>(4) Weighing of such an agricultural product and certify the weight of the agricultural product; or </P>
                <P>(5) Performing two or more services specified in paragraphs (a)(1), (2), (3) or (4) of this section. </P>
                <P>(b) Each person seeking a license to perform activities described in this section must submit an application on forms furnished by DACO which contain, at a minimum, the following information: </P>
                <P>(1) The name, location and license number of the warehouses where the applicant would perform such activities; </P>
                <P>(2) A statement from the warehouse operator that the applicant is authorized to perform such activities at these locations; and </P>
                <P>(3) Evidence that the applicant is competent to inspect, sample, classify, according to grade or weigh the agricultural product; </P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 735.201</SECTNO>
                <SUBJECT>Inspection certificate; form. </SUBJECT>
                <P>Each inspection certificate issued under the Act by a licensee to perform such services must be on a form prescribed by DACO. </P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 735.202</SECTNO>
                <SUBJECT>Standards of grades for other agricultural products. </SUBJECT>
                <P>Official standards of the United States for any kind, class or grade of an agricultural product to be inspected must be used if such standards exist. Until official standards of the United States are fixed and established for the kind of agricultural product to be inspected, the kind, class and grade of the agricultural product must be stated, subject to the approval of DACO. If such standards do not exist for such an agricultural product, the following will be used: </P>
                <P>(a) State standards established in the State in which the warehouse is located, </P>
                <P>(b) In the absence of any State standards, in accordance with the standards, if any, adopted by the local board of trade, chamber of commerce, or by the agricultural product trade generally in the locality in which the warehouse is located, or </P>
                <P>(c) In the absence of the standards set forth in paragraphs (a) and (b) of this section, in accordance with any standards approved for the purpose by DACO. </P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart D—Warehouse Receipts </HD>
              <SECTION>
                <SECTNO>§ 735.300</SECTNO>
                <SUBJECT>Warehouse receipt requirements. </SUBJECT>
                <P>(a) Warehouse receipts may be: </P>
                <P>(1) Negotiable or non-negotiable; and </P>
                <P>(2) In a paper or electronic format, which besides complying with the requirements of the Act, must be in a format approved by DACO. </P>
                <P>(b) At the request of a depositor of an agricultural product stored or handled in a warehouse licensed under the Act, the warehouse operator: </P>
                <P>(1) Will issue a warehouse receipt to the depositor; </P>
                <P>(2) May not issue a warehouse receipt for an agricultural product unless the agricultural product is actually stored in their warehouse at the time of issuance; </P>
                <P>(3) May not issue a warehouse receipt until the quality, condition and weight of such an agricultural product is ascertained by a licensed inspector and weigher; </P>
                <P>(4) May not directly or indirectly compel or attempt to compel the depositor to request the issuance of a warehouse receipt omitting the statement of quality or condition; </P>
                <P>(5) Must, when issuing a warehouse receipt and purposely omits any information for which a blank or field is provided in the form, notate the blank to show such intent; </P>
                <P>(6) May not deliver any portion of an agricultural product for which they have issued a negotiable warehouse receipt until the warehouse receipt has been returned to them and canceled; </P>
                <P>(7) May not deliver an agricultural product for which they have issued a non-negotiable warehouse receipt until such warehouse receipt has been returned or the depositor or the depositor's agent has provided a written order for the agricultural product and the warehouse receipt upon final delivery; and </P>
                <P>(8) Must deliver, upon proper presentation of a warehouse receipt for any agricultural product, and payment or tender of all advances and charges, to the depositor or lawful holder of such warehouse receipt the agricultural product of such identity, quantity, quality and condition as set forth in such warehouse receipt. </P>
                <P>(c) In the case of a lost or destroyed warehouse receipt, a new warehouse receipt upon the same terms, subject to the same conditions, and bearing on its face the number and the date of the original warehouse receipt may be issued. </P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 735.301</SECTNO>
                <SUBJECT>Notification requirements. </SUBJECT>
                <P>Warehouse operators must file with DACO the name and genuine signature of each person authorized to sign warehouse receipts for the licensed warehouse operator, and will promptly notify DACO of any changes with respect to persons authorized to sign. </P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 735.302</SECTNO>
                <SUBJECT>Electronic warehouse receipts. </SUBJECT>
                <P>(a) Warehouse operators licensed under the Act have the option of issuing Electronic Warehouse Receipts (EWRs) instead of paper warehouse receipts for the agricultural product stored in their warehouse. Warehouse operators licensed under the Act must: </P>
                <P>(1) Only issue EWRs through a provider whom FSA has approved; </P>
                <P>(2) Inform DACO of the identity of their provider, when they are a first time user of EWRs, 60 calendar days in advance of issuing an EWR through that provider. DACO may waive or modify this 60-day requirement as set forth in § 735.2(b); </P>
                <P>(3) Before issuing an EWR, request and receive from FSA a range of consecutive warehouse receipt numbers which the warehouse will use consecutively for issuing their EWRs; </P>
                <P>(4) When using an approved provider, issue all warehouse receipts initially as EWRs; </P>
                <P>(5) Cancel an EWR only when they are the holder of the warehouse receipt; </P>
                <P>(6) Correct information on the EWR only with written notification to the provider; </P>
                <P>(7) Receive written approval from FSA at least 30 calendar days before changing providers. Upon approval they may request their current provider to transfer their EWR data from its Central Filing System (CFS) to the CFS of the approved provider whom they select. Warehouse operators may only change providers once a year; and </P>
                <P>(8) Notify all holders of EWRs by inclusion in the CFS at least 30 calendar days before changing providers, unless otherwise required or allowed by FSA. </P>
                <P>(b) An EWR establishes the same rights and obligations with respect to an agricultural product as a paper warehouse receipt, and possesses the following attributes: </P>
                <P>(1) The person identified as the 'holder' of an EWR will be entitled to the same rights and privileges as the holder of a paper warehouse receipt; </P>
                <P>(2) Only the current holder of the EWR may transfer the EWR to a new holder; </P>

                <P>(3) The identity of the holder must be included as additional information for every EWR; <PRTPAGE P="46318"/>
                </P>
                <P>(4) An EWR may only designate one entity as a holder at any one time; </P>
                <P>(5) An EWR may not be issued for a specific identity-preserved or commingled agricultural product lot if another warehouse receipt representing the same specific identity-preserved or commingled lot of the agricultural product is outstanding. No two warehouse receipts issued by a warehouse operator may have the same warehouse receipt number or represent the same agricultural product lot; </P>
                <P>(6) An EWR may only be issued to replace a paper warehouse receipt if requested by the current holder of the paper warehouse receipt; </P>
                <P>(7) Holders and warehouse operators may authorize any other user of their provider to act on their behalf with respect to their activities with this provider. This authorization must be in writing, and acknowledged and retained by the provider; and </P>
                <P>(8) A depositor or current EWR holder may request a paper warehouse receipt in lieu of an EWR. </P>
                <P>(c) A warehouse operator not licensed under the Act may, at the option of the warehouse operator, issue EWRs in accordance with this subpart, except this option does not apply to a warehouse operator that is licensed under State law to store agricultural products in a warehouse if the warehouse operator elects to issue an EWR under State law. </P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart E—Electronic Providers </HD>
              <SECTION>
                <SECTNO>§ 735.400</SECTNO>
                <SUBJECT>Administration </SUBJECT>
                <P>This subpart sets forth the regulations under which DACO may approve one or more electronic systems under which: </P>
                <P>(a) Electronic documents relating to the shipment, payment, and financing of the sale of agricultural products may be issued or transferred; or </P>
                <P>(b) Electronic receipts may be issued and transferred. </P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 735.401</SECTNO>
                <SUBJECT>Electronic warehouse receipt and USWA electronic document providers. </SUBJECT>
                <P>(a) Application for a provider agreement to establish a system to issue and transfer EWR's and USWA electronic document's may be made to FSA upon forms prescribed and furnished by DACO. Each provider operating pursuant to this section must meet the following requirements: </P>
                <P>(1) Have and maintain a net worth of at least $100,000; </P>
                <P>(2) Maintain two insurance policies; one for ‘errors and omissions’ and another for ‘fraud and dishonesty’. Maximum deductible amounts will be prescribed in the applicable provider agreement. Each policy must have a minimum coverage of $4 million. Each policy must contain a clause requiring written notification to FSA 30 days prior to cancellation; </P>
                <P>(3) Meet any additional financial requirements as set forth in the applicable provider agreement. </P>
                <P>(4) Pay user fees annually to FSA, as set and announced annually by FSA prior to April 1 of each calendar year. </P>
                <P>(b) The provider agreement will contain, but not be limited to, the following basic elements: </P>
                <P>(1) Minimum document and warehouse receipt requirements; </P>
                <P>(2) Liability; </P>
                <P>(3) Transfer of records; </P>
                <P>(4) Records; </P>
                <P>(5) Conflict of interest requirements; </P>
                <P>(6) USDA common electronic information requirements; </P>
                <P>(7) Terms of insurance policies or assurances; </P>
                <P>(8) Provider's integrity statement; </P>
                <P>(9) Security audits; and </P>
                <P>(10) Submission, approval, use and retention of documents. </P>
                <P>(c) DACO may suspend or terminate a provider's agreement for cause at any time. </P>
                <P>(1) Hearings and appeals will be conducted in accordance with procedures as set forth in §§ 735.6 and 735.8. </P>
                <P>(2) Suspended or terminated providers may not execute any function pertaining to USWA documents or EWRs during the pendency of any appeal or subsequent to this appeal if the appeal is denied except as authorized by DACO. </P>
                <P>(3) The provider or DACO may terminate the provider agreement without cause solely by giving the other party written notice 60 calendar days prior to termination. </P>
                <P>(d) Each provider agreement will be automatically renewed annually on April 30th as long as the provider complies with the terms contained in the provider agreement, the regulations in this subpart and the Act. </P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 735.402</SECTNO>
                <SUBJECT>Providers of other electronic documents. </SUBJECT>
                <P>(a) Application for a provider agreement to establish a system to issue and transfer other electronic documents may be made to FSA upon forms prescribed and furnished by DACO. Each provider operating pursuant to this section must meet the following requirements: </P>
                <P>(1) Have and maintain a net worth of at least $10 million; </P>
                <P>(2) Maintain two insurance policies; one for ‘errors and omissions’ and another for ‘fraud and dishonesty’. Maximum deductible amounts will be prescribed in the applicable provider agreement. Each policy must have a minimum coverage of $25 million. Each policy must contain a clause requiring written notification to FSA 30 days prior to cancellation; </P>
                <P>(3) Meet any additional financial requirements as set forth in the applicable provider agreement; and </P>
                <P>(4) Pay user fees annually to FSA, as set and announced annually by FSA prior to April 1 of each calendar year. </P>
                <P>(b) The provider agreement will contain, but not be limited to, the following basic elements: </P>
                <P>(1) Minimum document requirements; </P>
                <P>(2) Liability; </P>
                <P>(3) Transfer of records; </P>
                <P>(4) Records; </P>
                <P>(5) Conflict of interest requirements; </P>
                <P>(6) USDA common electronic information requirements; </P>
                <P>(7) Terms of insurance policies or assurances; </P>
                <P>(8) Provider's integrity statement; </P>
                <P>(9) Security audits; and </P>
                <P>(10) Approval, use and retention of documents. </P>
                <P>(c) DACO may suspend or terminate a provider's agreement for cause at any time. </P>
                <P>(1) Hearings and appeals will be conducted in accordance with procedures as set forth in §§ 735.6 and 735.8. </P>
                <P>(2) Suspended or terminated providers may not execute any function pertaining to any electronic document during the pendency of any appeal or subsequent to this appeal if the appeal is denied except as authorized by DACO. </P>
                <P>(3) The provider or DACO may terminate the provider agreement without cause solely by giving the other party written notice 60 calendar days prior to termination. </P>
                <P>(d) Each provider agreement will be automatically renewed annually on April 30th as long as the provider complies with the terms contained in the provider agreement, the regulations in this subpart and the Act. </P>
                <P>(e) In addition to audits prescribed in this section the provider must submit a copy of any audit, examination or investigative report prepared by any Federal governmental regulatory agency with respect to the provider including agencies such as, but not limited to, the Comptroller of the Currency, Department of the Treasury, the Federal Trade Commission, and the Commodity Futures Trading Commission. </P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 735.403</SECTNO>
                <SUBJECT>Audits. </SUBJECT>

                <P>(a) No later than 120 days following the end of the provider's fiscal year, the provider approved under §§ 735.401 <PRTPAGE P="46319"/>and 735.402 must submit to FSA an annual audit level financial statement and an electronic data processing audit that meets the minimum requirements as provided in the applicable provider agreement. The electronic data processing audit will be used by DACO to evaluate current computer operations, security, disaster recovery capabilities of the system, and compatibility with other systems approved by DACO. </P>
                <P>(b) Each provider will grant the Department unlimited, free access at any time to all records under the provider's control relating to activities conducted under this part and as specified in the applicable provider agreement. </P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 735.404</SECTNO>
                <SUBJECT>Fees. </SUBJECT>
                <P>(a) A provider approved under §§ 735.401 or 735.402 must furnish FSA with copies of its current schedule of fees for all services and charges as they become effective. </P>
                <P>(b) Fees charged any user by the provider must be in effect for a minimum period of one year. </P>
                <P>(c) Providers must furnish the FSA and all users a 60-calendar day advance notice of their intent to change any fee. </P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 735.405</SECTNO>
                <SUBJECT>Choice of law. </SUBJECT>
                <P>All disputes arising under any transaction conducted through the use of a provider approved under § 735.402 shall be determined by the application of the laws of New York State except that the laws of New York relating to the legal doctrines of the choice of law and determination of venue shall not be applicable. </P>
                <P>2. Parts 736 through 742 are removed and reserved. </P>
                <NOTE>
                  <HD SOURCE="HED">Note:</HD>
                  <P>The following exhibits A through F are being published for informational purposes and they will not become part of the codified regulations.</P>
                </NOTE>
              </SECTION>
            </SUBPART>
            <SIG>
              <DATED>Signed at Washington, D.C., on August 24, 2001. </DATED>
              <NAME>Carolyn B. Cooksie, </NAME>
              <TITLE>Acting Administrator, Farm Service Agency. </TITLE>
            </SIG>
            <HD SOURCE="HD1">Exhibit A—Draft</HD>
            <FP>License Number____</FP>
            
            <FP>Effective____</FP>
            <HD SOURCE="HD1">Licensing Agreement for Cotton</HD>
            <HD SOURCE="HD1">Contents </HD>
            <EXTRACT>
              <FP SOURCE="FP-2">I. Definitions </FP>
              <FP SOURCE="FP-2">II. Financials </FP>
              <FP SOURCE="FP1-2">A. Financial Requirements </FP>
              <FP SOURCE="FP1-2">B. Financial Reporting </FP>
              <FP SOURCE="FP1-2">C. Accepting Other Financial Statements </FP>
              <FP SOURCE="FP1-2">D. Special Cases: Assets and Liabilities </FP>
              <FP SOURCE="FP1-2">E. Financial Special Conditions—Public Debt Obligations </FP>
              <FP SOURCE="FP-2">III. Financial Assurance </FP>
              <FP SOURCE="FP1-2">A. Financial Assurance Requirements Computation </FP>
              <FP SOURCE="FP1-2">B. Financial Assurance Acceptable Forms </FP>
              <FP SOURCE="FP-2">IV. Duties of Warehouse Operator </FP>
              <FP SOURCE="FP1-2">A. General </FP>
              <FP SOURCE="FP1-2">B. Insurance </FP>
              <FP SOURCE="FP1-2">C. Records to be kept in a Safe Place </FP>
              <FP SOURCE="FP1-2">D. Scales and Weighing </FP>
              <FP SOURCE="FP1-2">E. Warehouse Charges </FP>
              <FP SOURCE="FP1-2">F. Business Hours </FP>
              <FP SOURCE="FP1-2">G. System of Accounts </FP>
              <FP SOURCE="FP1-2">H. Excess Storage and Transferring Cotton </FP>
              <FP SOURCE="FP1-2">I. Reports Required </FP>
              <FP SOURCE="FP1-2">J. Inspections, Examinations of Warehouse </FP>
              <FP SOURCE="FP1-2">K. Arrangement of Stored Cotton </FP>
              <FP SOURCE="FP1-2">L. Removal of Cotton from Storage </FP>
              <FP SOURCE="FP1-2">M. Drawing of Samples </FP>
              <FP SOURCE="FP1-2">N. Warehouse Receipts </FP>
              <FP SOURCE="FP-2">V. Paper Warehouse Receipts </FP>
              <FP SOURCE="FP1-2">A. Issuance </FP>
              <FP SOURCE="FP1-2">B. Form </FP>
              <FP SOURCE="FP1-2">C. Persons Authorized to Sign Warehouse Receipts </FP>
              <FP SOURCE="FP1-2">D. Copies of Warehouse Receipts </FP>
              <FP SOURCE="FP1-2">E. Printing of Warehouse Receipts </FP>
              <FP SOURCE="FP1-2">F. Return of Warehouse Receipts Prior to Delivery </FP>
              <FP SOURCE="FP1-2">G. Balance Warehouse Receipts </FP>
              <FP SOURCE="FP1-2">H. Lost or Destroyed Warehouse Receipts </FP>
              <FP SOURCE="FP-2">VI. Service Licenses </FP>
              <FP SOURCE="FP1-2">A. The Applicant </FP>
              <FP SOURCE="FP1-2">B. Examination of Application </FP>
              <FP SOURCE="FP1-2">C. Classification Certificates </FP>
              <FP SOURCE="FP1-2">D. Weight Certificates </FP>
              <FP SOURCE="FP1-2">E. Classification and Weight Certificates </FP>
              <FP SOURCE="FP1-2">F. Duties of Sampler, Classifier and Weigher </FP>
              <FP SOURCE="FP-2">VII. Cotton Classification </FP>
              <FP SOURCE="FP1-2">A. Official Cotton Standards of the United States </FP>
              <FP SOURCE="FP1-2">B. Access to the Cotton Standards </FP>
              <FP SOURCE="FP-2">VIII. Fees </FP>
            </EXTRACT>
            <HD SOURCE="HD1">Licensing Agreement for Cotton </HD>
            <P>As a condition of licensing under the United States Warehouse Act (the Act), the warehouse operator agrees to the conditions set forth in this agreement and the regulations found at 7 CFR 735: </P>
            <HD SOURCE="HD2">I. Definitions </HD>
            <P>Current assets. Assets, including cash, that are reasonably expected to be realized in cash or sold or consumed during the normal operating cycle of the business or within one year if the operating cycle is shorter than one year. </P>
            <P>
              <E T="03">Current liabilities.</E> Those financial obligations which are expected to be satisfied during the normal operating cycle of the business or within one year if the operating cycle is shorter than one year. </P>
            <P>
              <E T="03">Licensed sampler, classifier and weigher.</E> A person licensed under the Act to sample, classify and/or weigh and certificate the grade or other class and weight of cotton stored at a cotton warehouse licensed under the Act. </P>
            <P>
              <E T="03">Net Worth.</E> When liabilities are subtracted from allowable assets, it is the balance amount. In determining allowable assets, credit may be given for appraisal of real property less improvements and for the appraisal of insurable property such as buildings, machinery, equipment, and merchandise inventory only to the extent that such property is protected by insurance against loss or damage by fire, lightning, and other risk. Such insurance must be in the form of lawful insurance policies issued by insurance companies authorized to do such business and subject to service of process in the State in which the warehouse is located. The Farm Service Agency will determine what assets are allowable and under what conditions appraisals may be used. </P>
            <HD SOURCE="HD2">II. Financials </HD>
            <HD SOURCE="HD3">A. Financial Requirements </HD>
            <P>1. The warehouse operator agrees to have and maintain: </P>
            <P>a. Total net worth of at least the amount obtained by multiplying $10.00 by the maximum number of bales that the warehouse accommodates when stored in the manner customary to the warehouse as determined by the Farm Service Agency; however, no person may be licensed or remain licensed as a warehouse operator unless that person has allowable net worth of at least $25,000.00 (Any deficiency in net worth above the $25,000.00 minimum may be supplied by an increase in the amount of the financial assurance). The maximum total allowable net worth required need not exceed $250,000.00. </P>
            <P>b. Total allowable current assets equal to or exceeding total current liabilities or evidence acceptable to the Farm Service Agency that funds will be and remain available to meet current obligations. </P>
            <P>2. If a warehouse operator is licensed or is applying for licenses to operate two or more warehouses, the maximum capacity of all licensed warehouses, as determined by the Farm Service Agency, will be the capacity considered in determining whether the warehouse operator meets the net worth requirements. </P>
            <HD SOURCE="HD3">B. Financial Reporting </HD>
            <P>1. The warehouse operator agrees to provide annually, within 90 days of the fiscal year end, or more frequently if required, to the Farm Service Agency, financial statements from the warehouse operators records prepared according to generally accepted accounting principles. The Farm Service Agency may grant one 30 day extension to provide a financial statement. </P>
            <P>2. These financial statements must include but not be limited to: </P>
            <P>a. Balance sheet, <PRTPAGE P="46320"/>
            </P>
            <P>b. Statement of income (profit and loss), </P>
            <P>c. Statement of retained earnings, and </P>
            <P>d. Statement of cash flows. </P>
            <P>3. An authorized representative for the warehouse operator must certify under penalty of perjury that the statements, as prepared, accurately reflect the financial condition of the warehouse operator as of the date designated and fairly represent the results of operations for the period designated. </P>
            <P>4. The warehouse operator must have the financial statements required audited or reviewed by a certified public accountant or an independent public accountant. Audits and reviews by independent certified public accountants and independent public accountants must be made in accordance with standards established by the American Institute of Certified Public Accountants. The accountant's certification, assurances, opinion, comments, and notes on this statement, must be furnished along with the financial statements. The Farm Service Agency may also require an on-site examination and an audit by an authorized officer or agent of the United States Department of Agriculture and request other pertinent information. </P>
            <HD SOURCE="HD3">C. Accepting Other Financial Statements </HD>
            <P>1. Financial statements of a parent company which separately identify the financial position of the warehouse operator as a wholly owned subsidiary and which meet the basic requirements of financial statements, may be accepted by the Farm Service Agency in lieu of the warehouse operator meeting such requirements. </P>
            <P>2. Guaranty agreements from a parent company submitted on behalf of a wholly owned subsidiary may be accepted by the Farm Service Agency as meeting the basic requirements of financial statements if the parent company submits a financial statement which meets the financial requirements and financial reporting requirements. </P>
            <HD SOURCE="HD3">D. Special Cases: Assets and Liabilities </HD>
            <P>Subject to such terms and conditions as the Farm Service Agency may prescribe and for the purposes of determining allowable assets and liabilities, appraisals of the value of fixed assets in excess of the book value claimed in the financial statement submitted by a warehouse operator to conform with the requirements may be allowed if: </P>
            <P>1. Prepared by independent appraisers acceptable to the Farm Service Agency, and </P>
            <P>2. The assets are fully insured against casualty loss. </P>
            <HD SOURCE="HD3">E. Financial Special Conditions—Public Debt Obligations </HD>
            <P>The warehouse operator agrees that if they file a bond in the form of either a deposit of public debt obligations of the United States or other obligations which are unconditionally guaranteed as to both interest and principal by the United States: </P>
            <P>1. The obligation deposited will <E T="03">not</E> be considered a part of the warehouse operator's asset. </P>
            <P>2. A deficiency in total allowable net worth as computed may be offset by the licensed warehouse operator furnishing acceptable financial assurance for the difference; </P>
            <P>3. The deposit may be replaced or continued in the required amount from year to year; and </P>
            <P>4. The deposit will not be released until one year after cancellation or revocation of the license that it supports or until satisfaction of any claim against the deposit, whichever is later. </P>
            <HD SOURCE="HD2">III. Financial Assurance </HD>
            <HD SOURCE="HD3">A. Financial Assurance Requirements Computation </HD>
            <P>The warehouse operator agrees: </P>
            <P>1. To furnish financial assurance computed at the rate of ten dollars ($10.00) per bale for the maximum number of bales that the warehouse accommodates when stored in the manner customary to the warehouse as determined by the Farm Service, but not less than twenty-five thousand dollars ($25,000.00) nor more than two hundred fifty thousand dollars ($250,000.00). </P>
            <P>2. When applying for licenses to operate two or more warehouses in the same State, or multiple states, and at the warehouse operator's election, they may provide financial assurance meeting the requirements of the Act and the regulations to cover all these warehouses within the multiple states and the maximum of two hundred fifty thousand dollars ($250,000.00) of financial assurance will apply for each State covered. </P>
            <P>3. In case of a deficiency in net worth above the twenty-five thousand dollars ($25,000.00) minimum required, to add to the amount of financial assurance determined in accordance with paragraph (1) of this section an amount equal to that deficiency. If a letter of credit is used for the amount of the deficiency, it must be issued for a period of not less than two years to coincide with the period of any deposit of obligations. Any letter of credit must be clean, irrevocable, issued by a commercial bank payable to the Farm Service Agency by sight draft and insured as a deposit by the Federal Deposit Insurance Corporation. The deposit will not be considered an asset of the company. </P>
            <P>4. If the Farm Service Agency finds that conditions exist which warrant requiring additional financial assurance, to add to the amount of financial assurance a further amount to meet such conditions. </P>
            <HD SOURCE="HD3">B. Financial Assurance—Acceptable Forms </HD>
            <P>The warehouse operator may offer as financial assurance any of the following: </P>
            <P>1. A warehouse operators bond, or </P>
            <P>2. In the form of a deposit with the Farm Service Agency, United States bonds, United States Treasury notes, or other public debt obligations of the United States or obligations that are unconditionally guaranteed as to both interest and principal by the United States, or </P>
            <P>3. In the form of a letter of credit issued to the Agency for a period of not less than two years to coincide with the period of any deposit of obligations, or </P>
            <P>4. In the form of a certificate of participation in and coverage by an indemnity or insurance fund as approved by the Farm Service Agency, established and maintained by a State, backed by the full faith and credit of the applicable State, and which guarantees depositors of the licensed warehouse full indemnification for the breach of any obligation of the licensed warehouse operator under the terms of the Act and regulations, or </P>
            <P>5. Other forms of financial assurance as may be prescribed in the applicable licensing agreement and related addenda deemed acceptable by the Farm Service Agency. </P>
            <HD SOURCE="HD2">IV. Duties of Warehouse Operator </HD>
            <HD SOURCE="HD3">A. General</HD>
            <P>The warehouse operator agrees to: </P>
            <P>1. At all times exercise such care in regard to cotton in custody as a reasonably careful owner would exercise under the same circumstances and conditions and not handle or store it in a manner that would damage or degrade it. </P>
            <P>2. To not differentiate among depositors regarding use of and access to services, except that available storage space may be allocated. </P>
            <P>3. If handling non-licensed cotton, to keep it separate in storage from the licensed cotton. </P>

            <P>4. Upon acceptance of baled cotton for storage, immediately attach (if not already present) an identification tag of <PRTPAGE P="46321"/>a quality approved by Farm Service Agency. These tags will contain a number, be attached in an orderly manner and clearly distinguishable from one another. </P>
            <P>5. Not accept for storage any bale of cotton that is excessively wet. Fire damaged cotton is not to be stored in contact with cotton that has not been so damaged. </P>
            <P>6. Keep the warehouse reasonably clean at all times and free of loose cotton, except in containers separate and apart from other cotton and provide a safe environment in and around the warehouse and provide all necessary assistance in the execution of inspections and examinations by representatives of the Farm Service Agency. </P>
            <P>7. Unless prevented from doing so by force majeure, to deliver stored cotton without unnecessary delay. A warehouse operator will be considered to have delivered cotton without unnecessary delay, if for the week in question, the warehouse operator has delivered or staged for scheduled delivery at least 4.5 percent of either their licensed storage capacity or Commodity Credit Corporation-approved storage capacity or other storage capacity as determined by the Farm Service Agency to be in effect during the relevant week of shipment. </P>
            <P>8. To resolve any claim for noncompliance with the cotton shipping standard through established industry, professional, or mutually agreed upon arbitration procedures. The arbitration procedures will be nondiscriminatory and provide each person equal access and protection relating to the cotton shipping standard. </P>
            <P>9. License all facilities controlled by them at a specific location, unless those facilities are specifically exempted by the Farm Service Agency. </P>
            <HD SOURCE="HD3">B. Insurance </HD>
            <P>1. <E T="03">Requirements.</E> The warehouse operator agrees to: </P>
            <P>a. Secure, in their own name, insurance on stored cotton against loss or damage by fire, lightning, and other risk under forms of policies which automatically attach for the full replacement value of stored cotton, as soon as such cotton is placed in their legal custody, and continue such insurance in effect so long as the cotton remains in their legal custody. The warehouse operator also agrees to keep a general insurance account showing the policy number, issuing company, amount binding, and expiration dates of all insurance policies and in each instance show the property covered by such policies. This insurance will be lawful policies issued by one or more insurance companies. The warehouse operator must submit such reports to underwriters as may be required under the terms of such policies, and submit copies of such reports to the Farm Service Agency as required. </P>
            <P>b. Show, in the tariff to be posted at all delivery points, the conditions under which the cotton will be insured against loss or damage by fire, lightning, and other risk.</P>
            <P>c. Require that the warehouse operator's insurance company give 30 days advance notice to the Farm Service Agency of intent to cancel the stock (inventory) coverage. </P>
            <HD SOURCE="HD3">C. Records To Be Kept in a Safe Place </HD>
            <P>The warehouse operator agrees to: </P>
            <P>1. Provide a fireproof safe, a fireproof vault, or a fireproof compartment in which to keep, when not in use, all records, books, and papers pertaining to the licensed warehouse, including a current warehouse receipt book, copies of warehouse receipts issued, and canceled warehouse receipts or microfilm copies of canceled receipts, except that, with the written consent of the Farm Service Agency, upon a showing by the warehouse operator that it is not practicable to provide such fireproof safe, vault, or compartment, may keep such records, books, and papers in some other place of safety, approved by the Farm Service Agency. </P>
            <P>2. Retain each canceled receipt for a period of six years after December 31 of the year in which the warehouse receipt is canceled and for such longer period as may be necessary for the purposes of any litigation which the warehouse operator knows to be pending, or as may be required by the Farm Service Agency in particular cases to carry out the purposes of the Act. </P>
            <P>3. Arrange canceled warehouse receipts in numerical order and otherwise in such manner as may be directed, for purposes of audit, by authorized officers or agents of the United States Department of Agriculture and the Farm Service Agency. </P>
            <HD SOURCE="HD3">D. Scales and Weighing </HD>
            <P>The warehouse operator agrees to: </P>
            <P>1. Be equipped with suitable scales in good order, and so arranged that all cotton can be weighed in and out, if required, of the warehouse. The scales in any warehouse must be subject to examination by authorized officers or agents of the United States Department of Agriculture and to disapproval by the Farm Service Agency. If disapproved, any weighing apparatus must not thereafter be used in ascertaining the weight of cotton for the purposes of this Act, until such disapproval is withdrawn. </P>
            <P>2. Weigh, by a weigher licensed under the authority of the United States Warehouse Act, the cotton that comes into the warehouse unless warehouse weights are established at the gin. These weights must be certified by the licensed weigher. </P>
            <P>3. Assume full responsibility for the weights established at the gin for warehouse receipt purposes. In order to use these weights, the licensed warehouse must maintain control of the scales used to weigh cotton. They must be inspected and certified as accurate by a State agency or a qualified scale company and a copy of the inspection report must be maintained at the warehouse office for the warehouse examiner's review. The scale must be checked by the warehouse operator for accuracy on a routine basis. Point of origin weights may be used for single bale or lot stored cotton by agreement with the depositor. Any point of origin weights shown on a warehouse receipt will be the official warehouse bale or lot weight. Lot cotton tendered for storage on which a multiple bale warehouse receipt is issued must be maintained so as to preserve its individual and collective identity during storage and shipment, provided that if such lot is broken at the warehouse, for the issuance of new receipts, each bale will be weighed at the warehouse by a licensed weigher before single bale warehouse receipts are issued. </P>
            <HD SOURCE="HD3">E. Warehouse Charges </HD>
            <P>The warehouse operator: </P>
            <P>1. Must not make any unreasonable or exorbitant charge for services rendered. </P>
            <P>2. Must, before a license to conduct a warehouse is granted under the Act, file, with the Farm Service Agency, a copy of their rules and a schedule of charges to be assessed depositors. </P>
            <P>3. Must, at or before the beginning of each season, file an amended schedule of charges with Farm Service Agency along with the rules, if any, and of our schedule of charges for the ensuing season. The cotton season will commence not later than September 1 of each year, as the operator of the warehouse will select, and will notify Farm Service Agency in writing not less than 5 days preceding the date selected. </P>

            <P>4. Must file an amended schedule, if making changes other than the beginning of the season, showing the contemplated changes will be filed with Farm Service Agency. No increase in the storage rate shown in such an amended schedule will apply to cotton in storage at the time the changes become effective. <PRTPAGE P="46322"/>
            </P>
            <P>5. May demand payment of all accrued charges at the close of each cotton season. If, upon demand, the owner of the cotton refuses to pay such charges at the end of a season, action may be taken to enforce collection of its charges as is permitted by the laws of the State in which the warehouse is located. </P>
            <HD SOURCE="HD3">F. Business Hours </HD>
            <P>The warehouse operator agrees to: </P>
            <P>1. Be open for the purpose of receiving cotton for storage and delivering cotton out of storage and for settlement purposes every normal business day for a period of not less than six hours between the hours of 8 a.m. and 6 p.m. The warehouse operator must post their business hours at the public entrance to the office and to their licensed warehouse. </P>
            <P>2. In case the warehouse is not to be kept open as required, state, in the posted notice, the period during which the warehouse is to be closed and the name, the address, and telephone number of the person who will be authorized to receive and deliver cotton stored in the warehouse. </P>
            <HD SOURCE="HD3">G. System of Accounts </HD>
            <P>The warehouse operator agrees to: </P>
            <P>1. Have and maintain a system of accounts approved for the purpose by the Farm Service Agency. These records must include: </P>
            <P>a. Bale tag numbers, </P>
            <P>b. Distinguishing mark or identifier, </P>
            <P>c. Weight,</P>
            <P>d. Class when required and/or ascertained, </P>
            <P>e. Location in the warehouse, </P>
            <P>f. Date received for storage, </P>
            <P>g. Date delivered out of storage, and </P>
            <P>h. Receipts issued and canceled. </P>
            <P>2. Maintain a detailed set of records of money received and disbursed and, if applicable, all insurance policies taken out and canceled on request of each depositor. These records will be maintained accurately and concisely as activity occurs. The warehouse operator must retain these records for a period of six years after December 31 of the year in which they were created, and for such longer period as may be necessary for the purposes of any litigation which the warehouse operator knows to be pending, or as may be required by the Farm Service Agency in particular cases to carry out the purposes of the Act. </P>
            <HD SOURCE="HD3">H. Excess Storage and Transferring Cotton </HD>
            <P>The warehouse operator agrees that: </P>
            <P>1. If at any time cotton stored in the warehouse exceeds the capacity for which the warehouse is licensed, the warehouse operator will immediately notify the Farm Service Agency of the fact and the location of excess storage. </P>
            <P>2. If they desire to transfer, at their own expense, depositor cotton to another warehouse (receiving), the warehouse operator may do so. </P>
            <P>a. The transferring (shipping) warehouse operator's accepted rules or schedule of charges must contain notice that the warehouse operator may transfer cotton according to conditions prescribed by the Farm Service Agency. </P>
            <P>b. The warehouse operator must request permission in writing to the Farm Service Agency. </P>
            <P>3. For purposes of transferring cotton, a receiving warehouse means a warehouse operated by a warehouse operator who holds an un-suspended, un-revoked cotton license under the Act, or a warehouse operated by a warehouse operator who holds an effective warehouse license for the public storage of cotton issued by a State that has financial, bonding and examination requirements for the benefit of all depositors or, in the case of warehouses operating in a State without licensing authorities, warehouses with an approved Cotton Storage Agreement with the Commodity Credit Corporation. </P>
            <P>4. The shipping warehouse operator must transfer all identity-preserved cotton in lots and must list on a Bill of Lading all forwarded bales by receipt number and weight. The receiving warehouse operator will promptly issue a non-negotiable warehouse receipt for each lot of cotton stored and will attach a copy of the corresponding bill of lading to each receipt and return the receipt promptly to the shipping warehouse operator. The receiving warehouse operator will store each such lot intact, and will attach a header card to the lot showing the receipt number, number of bales, and a copy of the Bill of Lading with the individual tag numbers, marks, or identifiers to the stored lot. Such non-negotiable warehouse receipts issued for forwarded cotton will have printed or stamped diagonally in large bold outline letters across the face of the receipt the words: “NOT NEGOTIABLE.” </P>
            <P>5. The shipping warehouse operator's financial assurance will be increased to consider the addition of the transferred cotton to the licensed capacity of the warehouse with the net asset requirements based on the total of the licensed capacity and the forwarded cotton. The amount of financial assurance need not exceed $250,000.00 unless necessary to cover a deficiency in net worth. The receiving warehouse operator must not incur storage obligations that exceed the licensed or approved capacity of the receiving warehouse; </P>
            <P>6. The shipping warehouse operator continues to retain storage obligations to the owners of all cotton deposited in the warehouse for storage whether forwarded or retained and is, except as otherwise agreed upon under paragraph (g) of this section. </P>
            <P>7. The owner of cotton deposited for storage at the warehouse must make settlement and take delivery at the warehouse where the cotton was first deposited for storage, unless the owner of the cotton, with the consent of both the shipping warehouse operator and the receiving warehouse operator, elects to take delivery at the warehouse to which cotton was transferred under this section. </P>
            <P>8. Nothing in this section diminishes the right of the owner of the cotton to receive or the obligation of the warehouse operator of a licensed warehouse from which the product is transferred, to deliver to the owner the same cotton, identity preserved, called for by the warehouse receipt or other evidence of storage; </P>
            <P>9. Recording and retention of non-negotiable warehouse receipts received as a result of forwarding cotton under this section will be subject to the requirements for warehouse receipts specified elsewhere in these regulations; and </P>
            <P>10. If it is the shipping warehouse operator's obligation by terms of the warehouse receipt or otherwise to insure the cotton subject to the transfer, they must keep such cotton insured in their own name or transfer the cotton only to a warehouse where the cotton is fully insured </P>
            <P>11. A receiving warehouse operator must not transfer or offset to another warehouse, in any manner, their obligation to the shipping warehouse operator. </P>
            <HD SOURCE="HD3">I. Reports Required </HD>
            <P>The warehouse operator agrees to: </P>
            <P>1. When requested by the Farm Service Agency, make such reports, on forms prescribed and furnished for the purpose by the Farm Service Agency, concerning the condition, contents, operation, and business of the warehouse. </P>

            <P>2. Keep on file, as a part of the records of the warehouse, for a period of three years after December 31 of the year in which submitted, an exact copy of each report submitted. <PRTPAGE P="46323"/>
            </P>
            <HD SOURCE="HD3">J. Inspections, Examinations of Warehouse </HD>
            <P>The warehouse operator agrees to permit any officer or agent of the United States Department of Agriculture, authorized by the Farm Service Agency, to enter and inspect or examine on any business day during the usual hours of business, any warehouse for which they hold a license, the office, the books, records, papers, and accounts relating, and the contents thereof and will furnish that officer or agent the assistance necessary to enable making any inspection or examination. </P>
            <HD SOURCE="HD3">K. Arrangement of Stored Cotton </HD>
            <P>The warehouse operator agrees to: </P>
            <P>1. Store each bale of cotton for which a receipt under the Act has been issued in a manner acceptable to Farm Service Agency. </P>
            <P>2. For cotton tendered for storage, by any one depositor, of the same grade and staple in such quantity that efficiency of operation dictates that such cotton should be stored in a lot or lots without regard to visibility of all tags on all bales within any lot, may store such cotton in lots if each lot originally contained two or more bales. If a negotiable multiple bale receipt is issued each bale entering into a lot must bear an individual bale identification, and must be stored so that the number of bales within the lot may be accurately determined. </P>
            <P>3. For lot cotton, an individual lot identification tag showing the lot number and the number of bales in the lot to each lot of cotton will be affixed. An office record showing the bale or tag number, mark, or identifier of each bale in the lot and the location of the lot in the warehouse will be maintained. Each lot will be so arranged as to be readily distinguishable from each and every other lot. When requested by a proper representative of Farm Service Agency engaged in making an examination of the warehouse, stacks or lots of cotton, as the examiner deems necessary to a proper examination, will be torn or broken down at the warehouse operator's expense. </P>
            <P>4. Block piling of cotton for which single bale receipts have been or are to be issued is permitted, with the written permission of DACO, provided the warehouse operator is willing to tear or break down the blocks at the request of a representative of the Farm Service Agency when making an examination of the warehouse. </P>
            <P>5. Notify the insurance underwriter of block piling and they must have consented to insuring it. </P>
            <P>6. To arrange the cotton so as not to obstruct free access and the proper operation of the sprinkler or other fire protection equipment. </P>
            <HD SOURCE="HD3">L. Removal of Cotton from Storage </HD>
            <P>Except as may be permitted by law or the regulations in this part, the warehouse operator must not remove any cotton, from storage, from the licensed warehouse or a part thereof designated in the receipt for such cotton, if by such removal the insurance thereon will be impaired, without first obtaining the consent in writing of the holder of the receipt, and indorsing on such receipt the fact of such removal. Under no other circumstances, unless it becomes absolutely necessary to protect the interests of holders of receipts, will cotton be removed from the warehouse, and immediately upon any such removal the warehouse operator will notify the Farm Service Agency of such removal and the necessity therefor. </P>
            <HD SOURCE="HD3">M. Drawing of Samples </HD>
            <P>The warehouse operator agrees: </P>
            <P>1. That persons will be licensed to draw samples from any cotton stored or to be stored in the licensed warehouse if the owner of such cotton or any person having a legal right to have such cotton sampled requests that samples be drawn. </P>
            <P>2. When directed by Farm Service Agency, such requests will be in writing. </P>
            <P>3. Samplers will perform their duties under its supervision and the samples will be drawn in accordance with Agricultural Marketing Service or other procedures recognized by Farm Service Agency. </P>
            <P>4. Each sample will be appropriately marked to show the tag number, mark, or identifier of the bale of cotton from which it was drawn. </P>
            <HD SOURCE="HD3">N. Warehouse Receipts </HD>
            <P>1. The warehouse operator when choosing the option to issue Electronic Warehouse Receipts (EWRs) instead of paper warehouse receipts for the agricultural product(s) stored in their warehouse agrees to: </P>
            <P>a. Only issue EWRs through a provider whom the Farm Service Agency has approved. </P>
            <P>b. Receive written approval from the Farm Service Agency at least 30 calendar days before changing providers. Upon approval a warehouse operator may request their current provider to transfer their EWR data from its Central Filing System (CFS) to the CFS of the approved provider whom they select. Warehouse operators must notify all holders of EWRs by inclusion in the CFS at least 30 calendar days before changing providers, unless otherwise required or allowed by the Agency. Warehouse operators may only change providers once a year. </P>
            <P>c. Cancel EWRs only when they are the holder of the receipt(s). </P>
            <P>d. Correct information on the EWR only with written notification to the provider. </P>
            <P>e. Before issuing EWRs, request and receive from the Farm Service Agency a range of consecutive warehouse receipt numbers which the warehouse operator will use consecutively for issuing their EWRs. </P>
            <P>f. Issue warehouse receipts initially as EWRs. </P>
            <P>g. Inform the Farm Service Agency of the identity of their provider 60 calendar days in advance of issuing EWRs through that provider. The Farm Service Agency may waive or modify this 60-day requirement as set forth under 7 CFR 735.2(b). </P>
            <P>2. The warehouse operator will ensure that an issued EWR establishes the same rights and obligations with respect to an agricultural product as a paper warehouse receipt, and possess the following attributes that: </P>
            <P>a. The person identified as the ‘holder’ of a EWR will be entitled to the same rights and privileges as the holder of a paper warehouse receipt. </P>
            <P>b. Only the current holder of the EWR may transfer the EWR to a new holder.</P>
            <P>c. The identity of the holder must be included as additional information for every EWR. </P>
            <P>d. An EWR will only designate one entity as a holder at any one time.</P>
            <P>e. An EWR will not be issued for a specific identity preserved or a commingled agricultural product lot if another receipt, whether paper or electronic, representing the same specific identity preserved or commingled lot of agricultural product is outstanding. No two warehouse receipts issued by a warehouse operator may have the same receipt number or represent the same agricultural product lot.</P>
            <P>f. An EWR may only be issued to replace a paper receipt if requested by the current holder of the paper warehouse receipt.</P>
            <P>g. Allows a ‘holder’ the option to authorize any other user of a provider to act on their behalf with respect to their activities with their provider. This authorization must be in writing, acknowledged, and retained by the provider.</P>
            <P>h. Provisions of 7 CFR 735.300(c) will be applicable to lost or destroyed EWRs.</P>

            <P>i. Only the current EWR holder may request a paper warehouse receipt in lieu of a EWR with respect to an agricultural product. <PRTPAGE P="46324"/>
            </P>
            <HD SOURCE="HD2">V. Paper Warehouse Receipts </HD>
            <HD SOURCE="HD3">A. Issuance</HD>
            <P>The warehouse operator agrees to: </P>
            <P>1. Issue warehouse receipts for any cotton stored in a warehouse at the request of a depositor. </P>
            <P>2. Except when an expiration date authorized by Farm Service Agency is shown on the face of the receipt, every negotiable receipt issued for cotton stored in a licensed warehouse will be effective until surrendered for delivery of the cotton, and every non-negotiable receipt will be effective until surrendered for delivery of the cotton or until all cotton covered by the receipt has been delivered in response to proper delivery orders of the person rightfully entitled to the cotton: </P>
            <P>3. Nothing contained in this section will prohibit the warehouse operator from legally selling the cotton when the accrued storage and other charges equals or exceeds the current market value of the cotton. </P>
            <P>4. Every negotiable receipt issued for cotton stored in a licensed warehouse will embody within its written or printed terms a statement that the cotton covered by such receipt was classified by a licensed classifier or a board of cotton examiners when such cotton is so classified. </P>
            <P>5. Whenever the grade or other class of the cotton is stated in a receipt issued for cotton stored in a licensed warehouse, such grade or other class will be determined by a licensed classifier or a board of cotton examiners upon the basis of a sample drawn, and will be stated in the receipt. </P>
            <HD SOURCE="HD3">B. Form </HD>
            <P>1. Every warehouse receipt, whether negotiable or non-negotiable, issued for cotton stored in a licensed warehouse must, in addition to complying with the requirements of section 11 of the Act, embody within its written or printed terms the following:</P>
            <P>a. The name of the warehouse operator and the designation, if any, of the warehouse,</P>
            <P>b. The warehouse operator's license number,</P>
            <P>c. The Commodity Credit Corporation contract code number, if applicable,</P>
            <P>d. A statement whether the warehouse operator is incorporated or unincorporated, and if incorporated, under what laws,</P>
            <P>e. In the event the relationship existing between the warehouse operator and any depositor is not that of a strictly disinterested custodianship, a statement setting forth the actual relationship,</P>
            <P>f. The tag identifier given to each bale of cotton,</P>
            <P>g. A statement conspicuously placed, whether or not the cotton is insured, and, if insured, to what extent, by the warehouse operator against loss by fire, lightning, or other risk,</P>
            <P>h. A blank space designated for the grade and/or other classification may be stated,</P>
            <P>i. The words “Not Negotiable,” or “Negotiable,” according to the nature of the receipt, clearly and conspicuously printed or stamped thereon.</P>
            <P>j. A statement indicating that the weight was determined by a weigher licensed under the Act, except that if at the request of the depositor, the weight is not so determined or if the point of origin weight was determined as permitted, the receipt will contain a statement to that effect.</P>
            <P>k. Licensed receipts issued to cover linters will be clearly and conspicuously marked “Linters”</P>
            <P>l. If the warehouse operator a receipt under the Act omitting any information not required to be stated, for which a blank space is provided in the form of the receipt, a line will be drawn through such space to show that such omission has been made by the warehouse operator.</P>
            <P>m. A warehouse receipt may contain additional information, provided that this information does not interfere with the information required. </P>
            <P>2. If the warehouse operator issues a warehouse receipt omitting the statement of grade on request of the depositor, such receipt will have clearly and conspicuously stamped or written in the space provided for the statement of grade the words “Not graded on request of depositor”</P>
            <P>3. If the warehouse operator issues a warehouse receipt under the Act omitting any information not required to be stated, for which a blank space is provided in the form of the receipt, a line will be drawn through such space to show that such omission has been made purposely. </P>
            <HD SOURCE="HD3">C. Persons Authorized to Sign Warehouse Receipts </HD>
            <P>The warehouse operator must file with the Farm Service Agency, the name and genuine signature of each person authorized to sign warehouse receipts for the warehouse operator, promptly notify Farm Service Agency of any changes as to persons authorized to sign, file the signatures of such persons, and will be bound by such signatures the same as if the warehouse operator, had personally signed the receipt. </P>
            <HD SOURCE="HD3">D. Copies of Warehouse Receipts </HD>
            <P>The warehouse operator agrees that at least one copy of all warehouse receipts must be made and, except skeleton and microfilm copies, have clearly and conspicuously printed or stamped on the face the words “Copy □ Not Negotiable”. </P>
            <HD SOURCE="HD3">E. Printing of Warehouse Receipts </HD>
            <P>The warehouse operator agrees to issue only warehouse receipts that: </P>
            <P>1. Are in a form prescribed by the Farm Service Agency. </P>
            <P>2. Are on distinctive paper or card stock specified by the Farm Service Agency; </P>
            <P>3. Printed by a printer with whom the United States has an agreement and bond for such printing; and </P>
            <P>4. On paper and/or card stock tinted with ink in the manner prescribed by the agreement. </P>
            <HD SOURCE="HD3">F. Return of Warehouse Receipts Prior to Delivery </HD>
            <P>The warehouse operator agrees to: </P>
            <P>1. Not deliver any cotton for which they have issued a negotiable receipt until the receipt has been returned to the warehouse operator and canceled; and </P>
            <P>2. Not deliver cotton for which they have issued a non-negotiable receipt until such receipt has been returned, or they have obtained from the holder or agent, a written order and a receipt upon delivery of 90% (ninety percent) of the quantity. </P>
            <HD SOURCE="HD3">G. Balance Warehouse Receipts </HD>
            <P>The warehouse operator, upon request of the holder, may issue a warehouse receipt for previously warehouse receipted cotton, the receipt for which has been canceled. The balance warehouse receipt must show the number and issuance date of the original warehouse receipt. </P>
            <HD SOURCE="HD3">H. Lost or Destroyed Warehouse Receipts </HD>
            <P>1. The warehouse operator may issue a new warehouse receipt subject to the same terms and conditions, and bearing on its face the number and the date of the original receipt when presented with the case of a lost or destroyed warehouse receipt. </P>
            <P>2. Before issuing a replacement warehouse receipt, the warehouse operator must require the holder or other person applying therefore to make and file with the warehouse operator:</P>

            <P>a. An affidavit showing that the holder is lawfully entitled to the possession of the original warehouse receipt; that the holder has not negotiated or assigned it; how the original receipt was lost or destroyed; and, if lost, that diligent effort has been made to find the warehouse receipt without success.<PRTPAGE P="46325"/>
            </P>
            <P>b. A bond in an amount double the value, at the time the bond is given, of the agricultural product represented by the lost or destroyed warehouse receipt. This bond will be in a form approved for the purpose by the Farm Service Agency, and will be conditioned to indemnify the warehouse operator against any loss sustained by reason of the issuance of this warehouse receipt. The bond will have as surety a surety company which is authorized to do business, and is subject to administration of process in a suit on the bond, in the State in which the warehouse is located, unless a variance is granted by the Farm Service Agency. </P>
            <P>3. Auditing Canceled Warehouse Receipts. The warehouse operator agrees to forward canceled receipts for auditing, as requested, to the Farm Service Agency. </P>
            <HD SOURCE="HD2">VI. Service Licenses </HD>
            <HD SOURCE="HD3">A. The Applicant</HD>
            <P>1. The applicant must make application for license to sample, classify and weigh cotton to the Farm Service Agency on forms furnished by the Farm Service Agency. Each application must:</P>
            <P>a. Be signed by the applicant.</P>
            <P>b. Contain or be accompanied by a statement from the warehouse that the applicant is acceptable to such warehouse operator.</P>
            <P>c. If seeking sampling, classification licensing, certification that the applicant can correctly sample, classify cotton in accordance with the Official Standards of the United States. </P>
            <P>d. If seeking weighing licensing, certification that the applicant can correctly weigh cotton.</P>
            <P>e. Furnish such additional information as requested by the Farm Service Agency. </P>
            <HD SOURCE="HD3">B. Examination of Applicant </HD>
            <P>As a service license applicant, submit to an examination or test to show ability to properly sample, classify and/or weigh cotton, as the case may be, and also make available for inspection copies of the standards of classification or the weighing apparatus as the case may be, used or to be used. </P>
            <HD SOURCE="HD3">C. Classification Certificates </HD>
            <P>1. Each class certificate issued under the Act by a licensed classifier must be in a form approved by the Farm Service Agency, and include the following information within its terms:</P>
            <P>a. The caption “United States Warehouse Act Cotton Class Certificate,”</P>
            <P>b. Whether it is an original, a duplicate, or other copy, and that it is not negotiable,</P>
            <P>c. The name and location of the warehouse in which the cotton is or is to be stored,</P>
            <P>d. The date of the certificate,</P>
            <P>e. The consecutive number of the certificate,</P>
            <P>f. The location of the cotton at the time of classification,</P>
            <P>g. The identification of each bale of cotton by the tag number given to the bale in accordance with this agreement or if there is no such tag number by other marks or numbers,</P>
            <P>h. The grade or other class, except length of staple, of each bale covered by the certificate in accordance with the regulations or this agreement, as far as applicable, and the standard or description in accordance with which the classification is made,</P>
            <P>i. A blank space designated for the purpose in which the length of staple may be stated,</P>
            <P>j. A statement that the certificate is issued by a licensed classifier under the Act, and</P>
            <P>k. The signature of the licensed classifier. </P>
            <P>2. In addition to the provisions of paragraph 1, the class certificate may include any other matter not inconsistent with the Act or the regulations in this part, provided the approval of the Farm Service Agency is first secured. </P>
            <P>3. In lieu of a class certificate in the form prescribed in paragraph 1, Form A memorandums and Form C certificates issued by a board of cotton examiners and class certificates issued by licensed classers under the United States Cotton Standards Act shall be deemed sufficient for the purposes of the Act and the regulations in this part, if the samples on which they are based were approximately six ounces in weight, not less than three ounces of which are to be drawn from each side of the bale. Each sample must be representative of the bale from which drawn. </P>
            <HD SOURCE="HD3">D. Weight Certificates </HD>
            <P>1. Each weight certificate issued under the Act by a licensed weigher must be in a form approved for the purpose by the Farm Service Agency, and include the following information within its terms:</P>
            <P>a. The caption “United States Warehouse Act, Cotton Weight Certificate,”</P>
            <P>b. Whether it is an original, a duplicate, or other copy, and that it is not negotiable,</P>
            <P>c. The name and location of the warehouse in which the cotton is or is to be stored,</P>
            <P>e. The date of the certificate,</P>
            <P>f. The consecutive number of the certificate,</P>
            <P>g. The location of the cotton at the time of weighing,</P>
            <P>h. The identification of each bale of cotton by the tag number given to the bale in accordance with this agreement or if there is no such tag number by other marks or numbers,</P>
            <P>i. The gross, or net and tare, weight of the cotton and, if the cotton be excessively wet or otherwise of a condition materially affecting its weight, a statement of such fact to which may be added the weigher's estimate of the number of pounds which should be allowed for such condition,</P>
            <P>j. A statement that the certificate is issued by a weigher licensed under the Act, and</P>
            <P>k. The signature of the licensed weigher. </P>
            <P>2. In addition to the provisions of paragraph 1, the weight certificate may include any other matter not consistent with the Act or the regulations in this part provided the approval of the Farm Service Agency is first secured. </P>
            <HD SOURCE="HD3">E. Classification and Weight Certificate </HD>
            <P>The class and weight of any cotton, ascertained by a classifier and a weigher, may be stated on a certificate meeting the combined requirements of subsections C and D: provided the form of the certificate is approved for the purpose by the Farm Service Agency. </P>
            <HD SOURCE="HD3">F. Duties of Sampler, Classifier and Weigher </HD>
            <P>Each sampler, classifier and weigher whose license remains in effect must: </P>
            <P>1. Without discrimination, as soon as practicable, upon reasonable terms, classify or weigh and certificate the class or weight, respectively, of cotton stored or to be stored in the licensed warehouse to which the license applies, if such cotton is offered under such conditions as permit the proper performance of such functions; except that no class or weight certificate need to be issued when the class or weight so determined is entered on a receipt by the licensed classifier or weigher making the determination. </P>

            <P>2. Sample cotton stored or to be stored in a licensed warehouse for which holding a license, in accordance with the standards. No class or weight certificate will be issued under the Act, for cotton not in the custody of a licensed warehouse operator for purposes of storage. Cotton not in the custody of such a warehouse operator for such purpose be sampled by a licensed sampler. <PRTPAGE P="46326"/>
            </P>
            <P>3. Keep their license conspicuously posted where all or most of the classifying is done, and each licensed sampler and/or weigher will keep their license conspicuously posted in the warehouse office or in such place as may be designated for the purpose by a representative of the Farm Service Agency. </P>
            <P>4. From time to time, when requested by the Farm Service Agency, make reports, on forms furnished for the purpose by the Farm Service Agency, bearing upon activities as a licensed sampler, classifier and/or weigher. </P>
            <P>5. Permit any authorized officer or agent of the United States Department of Agriculture or the Farm Service Agency or their designee to inspect or examine, on any business day during the usual hours of business, their books, papers, records, and accounts relating to the performance of their duties under the Act and, with the consent of the warehouse operator concerned, assist any such officer or agent in the inspection or examination as far as it relates to the performance of the duties of such sampler, classifier or weigher under the Act. </P>
            <P>6. Keep for a period of one year, in a place accessible to interested parties, a copy of each certificate issued and file the certificate with the warehouse in which the cotton covered by the certificates is stored. </P>
            <P>7. No person will in any way represent themselves to be a sampler, classifier, and/or weigher licensed under the Act unless holding an un-suspended and un-revoked license issued under the Act. </P>
            <HD SOURCE="HD2">VII. Cotton Classification </HD>
            <HD SOURCE="HD3">A. Official Cotton Standards of the United States </HD>
            <P>The official cotton standards, established and promulgated under the United States Cotton Standards Act of March 4, 1923, within their scope, are hereby adopted as the official cotton standards for the purposes of the Act and the regulations. </P>
            <HD SOURCE="HD3">B. Access to the Cotton Standards </HD>
            <P>The warehouse operator and each licensed classifier will keep themselves provided with, or have access to, a set of practical forms of the official cotton standards of the United States, or such parts thereof as the Farm Service Agency may deem necessary for use in the locality in which the licensed warehouse is located. </P>
            <HD SOURCE="HD2">VIII. Fees </HD>
            <P>The Farm Service Agency is authorized, by the enabling legislation, to assess and collect fees to cover the administration of the program. A schedule showing the current fees or any annual fee changes will be provided as an addendum to the licensing agreement. </P>
            <P>The fees for cotton warehouses are detailed in the attached Addendum No. 1. </P>
            <EXTRACT>
              <FP>This agreement forms a part of the (License Number) _____for (Warehouse Operator) _____at (Licensed Location)_____and is effective (Date)_____.</FP>
              
              <FP SOURCE="FP-DASH"/>
              <FP>Warehouse Operator</FP>
              
              <FP SOURCE="FP-DASH"/>
              <FP>By</FP>
              
              <FP SOURCE="FP-DASH"/>
              <FP>Date</FP>
              
              <FP SOURCE="FP-DASH"/>
              <FP>For the Farm Service Agency.</FP>
            </EXTRACT>
          </PART>
          <BILCOD>BILLING CODE 3410-05-P</BILCOD>
          <GPH DEEP="527" SPAN="3">
            <PRTPAGE P="46327"/>
            <GID>EP04SE01.000</GID>
          </GPH>
          <BILCOD>BILLING CODE 3410-05-C</BILCOD>
          
          <PRTPAGE P="46328"/>
          <HD SOURCE="HD1">Exhibit B—Draft</HD>
          <FP>License Number____</FP>
          
          <FP>Effective____</FP>
          <HD SOURCE="HD1">Licensing Agreement for Grain </HD>
          <HD SOURCE="HD2">Contents</HD>
          <EXTRACT>
            <FP SOURCE="FP-2">I. Definitions </FP>
            <FP SOURCE="FP-2">II. Financials </FP>
            <FP SOURCE="FP1-2">A. Financial Requirements </FP>
            <FP SOURCE="FP1-2">B. Financial Reporting </FP>
            <FP SOURCE="FP1-2">C. Accepting Other Financial Statement </FP>
            <FP SOURCE="FP1-2">D. Special Cases: Assets and Liabilities </FP>
            <FP SOURCE="FP1-2">E. Financial Special Conditions—Public Debt Obligations </FP>
            <FP SOURCE="FP-2">III. Financial Assurance </FP>
            <FP SOURCE="FP1-2">A. Financial Assurance Requirements—Computation </FP>
            <FP SOURCE="FP1-2">B. Financial Assurance—Acceptable Forms </FP>
            <FP SOURCE="FP-2">IV. Duties of Warehouse Operator </FP>
            <FP SOURCE="FP1-2">A. General </FP>
            <FP SOURCE="FP1-2">B. Insurance </FP>
            <FP SOURCE="FP1-2">C. Records to be kept in a Safe Place </FP>
            <FP SOURCE="FP1-2">D. Scales and Bin Numbers </FP>
            <FP SOURCE="FP1-2">E. Warehouse Charges </FP>
            <FP SOURCE="FP1-2">F. Business Hours </FP>
            <FP SOURCE="FP1-2">G. System of Accounts </FP>
            <FP SOURCE="FP1-2">H. Excess Storage and Transferring Grain </FP>
            <FP SOURCE="FP1-2">I. Reports Required </FP>
            <FP SOURCE="FP1-2">J. Inspections, Examinations of Warehouse </FP>
            <FP SOURCE="FP1-2">K. Loading Out Without Weighing </FP>
            <FP SOURCE="FP1-2">L. Storage of Identity Preserved Grain </FP>
            <FP SOURCE="FP1-2">M. Containerized Grain Storage </FP>
            <FP SOURCE="FP1-2">N. Delivery of Fungible Grain </FP>
            <FP SOURCE="FP1-2">O. Storage Obligations </FP>
            <FP SOURCE="FP1-2">P. Out of Condition and Damaged Grain </FP>
            <FP SOURCE="FP1-2">Q. Reconditioning Grain </FP>
            <FP SOURCE="FP1-2">R. Warehouse Receipts </FP>
            <FP SOURCE="FP-2">I. Paper Warehouse Receipts </FP>
            <FP SOURCE="FP1-2">A. Issuance </FP>
            <FP SOURCE="FP1-2">B. Form </FP>
            <FP SOURCE="FP1-2">C. Persons Authorized to Sign Warehouse Receipts </FP>
            <FP SOURCE="FP1-2">D. Copies of Warehouse Receipts </FP>
            <FP SOURCE="FP1-2">E. Printing of Warehouse Receipts </FP>
            <FP SOURCE="FP1-2">F. Return of Warehouse Receipts Prior to Delivery </FP>
            <FP SOURCE="FP1-2">G. Balance Warehouse Receipts </FP>
            <FP SOURCE="FP1-2">H. Lost or Destroyed Warehouse Receipts </FP>
            <FP SOURCE="FP-2">VI. Service Licenses </FP>
            <FP SOURCE="FP1-2">A. Applicant </FP>
            <FP SOURCE="FP1-2">B. Examination of Applicant </FP>
            <FP SOURCE="FP1-2">C. Inspection Certificate </FP>
            <FP SOURCE="FP1-2">D. Weight Certificates </FP>
            <FP SOURCE="FP1-2">E. Grade and Weight Certificate </FP>
            <FP SOURCE="FP1-2">F. Duties of Inspector and Weigher </FP>
            <FP SOURCE="FP-2">VII. Grain Grading </FP>
            <FP SOURCE="FP1-2">A. Official Grain Standards of the United States </FP>
            <FP SOURCE="FP1-2">B. Standards of Grade for Other Grain </FP>
            <FP SOURCE="FP-2">VIII. Grain Appeals </FP>
            <FP SOURCE="FP1-2">A. Appeal Procedure </FP>
            <FP SOURCE="FP1-2">B. Request for Appeal </FP>
            <FP SOURCE="FP1-2">C. Appeal Sampling, Preservation, Delivery and Examination </FP>
            <FP SOURCE="FP1-2">D. Freedom of Appeal </FP>
            <FP SOURCE="FP1-2">E. Owner Not Compelled to Store Grain </FP>
            <FP SOURCE="FP-2">IX Fees</FP>
          </EXTRACT>
          <HD SOURCE="HD1">Licensing Agreement for Grain </HD>
          <P>As a condition of licensing under the United States Warehouse Act (the Act), the warehouse operator agrees to the conditions set forth in this agreement and the regulations found at 7 CFR 735: </P>
          <HD SOURCE="HD2">I. Definitions </HD>
          <P>
            <E T="03">Bin.</E> A bin, tank, interstice, or other container in a warehouse in which bulk grain may be stored. </P>
          <P>
            <E T="03">Current assets.</E> Assets, including cash, that are reasonably expected to be realized in cash or sold or consumed during the normal operating cycle of the business or within one year if the operating cycle is shorter than one year. </P>
          <P>
            <E T="03">Current liabilities.</E> Those financial obligations which are expected to be satisfied during the normal operating cycle of the business or within one year if the operating cycle is shorter than one year. </P>
          <P>
            <E T="03">Dockage.</E> Dockage in grain as defined by the official grain standards of the United States. </P>
          <P>
            <E T="03">Grain.</E> All products commonly classed as grain such as wheat, corn, oats, barley, rye, flaxseed, rough, brown, and milled rice, sunflower seeds, field peas, soybeans, emmer, sorghum, safflower seed, triticale, millet and such other products as are ordinarily stored in grain warehouses, subject to the disapproval of the Farm Service Agency. </P>
          <P>
            <E T="03">Licensed inspector and/or weigher.</E> A person licensed under the Act to sample, inspect and/or weigh grain and certificate the grade and/or weight of grain stored at a grain warehouse licensed under the Act. </P>
          <P>
            <E T="03">Net Worth.</E> When liabilities are subtracted from allowable assets, it is the balance amount. In determining allowable assets, credit may be given for appraisal of real property less improvements and for the appraisal of insurable property such as buildings, machinery, equipment, and merchandise inventory only to the extent that such property is protected by insurance against loss or damage by fire, lightning, and other risk. Such insurance must be in the form of lawful insurance policies issued by insurance companies authorized to do such business and subject to service of process in the State in which the warehouse is located. The Farm Service Agency will determine what assets are allowable and under what conditions appraisals may be used. </P>
          <P>
            <E T="03">Non-storage grain.</E> Grain received temporarily into a warehouse for conditioning, transferring, assembling for shipment, or lots of grain moving through a warehouse for current merchandising or milling use, against which no warehouse receipts are issued and no storage charges assessed. The merchandising or milling stocks held in storage as reserve stocks, or stored for use at an indefinite future date, may not be treated as non-storage grain. </P>
          <P>
            <E T="03">Storage grain.</E> All grain received into, stored in, or delivered out of the warehouse which is not classified as non-storage. </P>
          <HD SOURCE="HD2">II. Financials </HD>
          <HD SOURCE="HD3">A. Financial Requirements </HD>
          <P>1. The warehouse operator agrees to have and maintain: </P>
          <P>a. Total net worth of at least the amount obtained by multiplying $0.25 by the warehouse capacity in bushels; however, no person may be licensed or remain licensed as a warehouse operator unless that person has allowable net worth of at least $50,000.00 (Any deficiency in net worth above the $50,000.00 minimum may be supplied by an increase in the amount of the financial assurance). </P>
          <P>b. Total allowable current assets equal to or exceeding total current liabilities or evidence acceptable to the Farm Service Agency that funds will be and remain available to meet current obligations. </P>
          <P>2. If a warehouse operator is licensed or is applying for licenses to operate two or more warehouses, the maximum capacity of all licensed warehouses, as determined by the Farm Service Agency, will be the capacity considered in determining whether the warehouse operator meets the net worth requirements. </P>
          <HD SOURCE="HD3">B. Financial Reporting </HD>
          <P>1. The warehouse operator agrees to provide annually, within 90 days of the fiscal year end, or more frequently if required, to the Farm Service Agency, financial statements from the warehouse operator's records prepared according to generally accepted accounting principles. The Farm Service Agency may grant one 30 day extension to provide a financial statement. </P>
          <P>2. These financial statements must include but not be limited to: </P>
          <P>a. Balance sheet, </P>
          <P>b. Statement of income (profit and loss),</P>
          <P>c. Statement of retained earnings, and </P>
          <P>d. Statement of cash flows. </P>
          <P>3. An authorized representative for the warehouse operator must certify under penalty of perjury that the statements, as prepared, accurately reflect the financial condition of the warehouse operator as of the date designated and fairly represent the results of operations for the period designated. </P>

          <P>4. The warehouse operator must have the financial statements required audited or reviewed by a certified public accountant or an independent public accountant. Audits and reviews by independent certified public accountants and independent public <PRTPAGE P="46329"/>accountants must be made in accordance with standards established by the American Institute of Certified Public Accountants. The accountant's certification, assurances, opinion, comments, and notes on this statement, must be furnished along with the financial statements. The Farm Service Agency may also require an on-site examination and an audit by an authorized officer or agent of the United States Department of Agriculture and request other pertinent information. </P>
          <HD SOURCE="HD3">C. Accepting Other Financial Statements </HD>
          <P>1. Financial statements of a parent company which separately identify the financial position of the warehouse operator as a wholly owned subsidiary and which meet the basic requirements of financial statements, may be accepted by the Farm Service Agency in lieu of the warehouse operator meeting such requirements. </P>
          <P>2. Guaranty agreements from a parent company submitted on behalf of a wholly owned subsidiary may be accepted by the Farm Service Agency as meeting the basic requirements of financial statements if the parent company submits a financial statement which meets the financial requirements and financial reporting requirements. </P>
          <HD SOURCE="HD3">D. Special Cases: Assets and Liabilities </HD>
          <P>1. Subject to such terms and conditions as the Farm Service Agency may prescribe and for the purposes of determining allowable assets and liabilities, appraisals of the value of fixed assets in excess of the book value claimed in the financial statement submitted by a warehouse operator to conform with the requirements may be allowed if </P>
          <P>a. prepared by independent appraisers acceptable to the Farm Service Agency and </P>
          <P>b. the assets are fully insured against casualty loss. </P>
          <P>2. All grain purchased from and remaining in-store at another warehouse must be fully paid for and a warehouse receipt issued in the name of the purchasing warehouse operator for such quantity and quality as the warehouse operator's records or assets may state. </P>
          <HD SOURCE="HD3">E. Financial Special Conditions—Public Debt Obligations </HD>
          <P>The warehouse operator agrees that if they file a bond in the form of either a deposit of public debt obligations of the United States or other obligations which are unconditionally guaranteed as to both interest and principal by the United States: </P>
          <P>1. The obligation deposited will <E T="03">not</E> be considered a part of the warehouse operator's assets. </P>
          <P>2. A deficiency in total allowable net worth as computed may be offset by the licensed warehouse operator furnishing acceptable financial assurance for the difference. </P>
          <P>3. The deposit may be replaced or continued in the required amount from year to year; and </P>
          <P>4. The deposit will not be released until one year after cancellation or revocation of the license that it supports or until satisfaction of any claim against the deposit, whichever is later. </P>
          <HD SOURCE="HD2">III. Financial Assurance </HD>
          <HD SOURCE="HD3">A. Financial Assurance Requirements—Computation </HD>
          <P>The warehouse operator agrees: </P>
          <P>1. To furnish financial assurance computed at the rate of twenty cents ($0.20) per bushel for the first million bushels of storage space, fifteen cents ($0.15) for the second million bushels of storage space, and ten cents ($0.10) for the balance of storage space that the warehouse accommodates when stored in the manner customary to the warehouse as determined by the Farm Service Agency, but not less than fifty thousand dollars ($50,000.00) nor more than five hundred thousand dollars ($500,000.00). </P>
          <P>2. When applying for licenses to operate two or more warehouses in the same State, or multiple states, and at the warehouse operator's election, they may provide financial assurance meeting the requirements of the Act and the regulations to cover all these warehouses within the multiple states and the maximum of five hundred thousand dollars ($500,000.00) of financial assurance will apply for each State covered. </P>
          <P>3. In case of a deficiency in net worth above the fifty thousand dollars ($50,000.00) minimum required, to add to the amount of financial assurance determined in accordance with paragraph (1) of this section an amount equal to that deficiency. If a letter of credit is used for the amount of the deficiency, it must be issued for a period of not less than two years to coincide with the period of any deposit of obligations. Any letter of credit must be clean, irrevocable, issued by a commercial bank payable to the Farm Service Agency by sight draft and insured as a deposit by the Federal Deposit Insurance Corporation. The deposit will not be considered an asset of the company. </P>
          <P>4. If the Farm Service Agency finds that conditions exist which warrant requiring additional financial assurance, to add to the amount of financial assurance a further amount to meet such conditions. </P>
          <HD SOURCE="HD3">B. Financial Assurance—Acceptable Forms </HD>
          <P>The warehouse operator may offer as financial assurance any of the following: </P>
          <P>1. A warehouse operator's bond, or </P>
          <P>2. In the form of a deposit with the Farm Service Agency, United States bonds, United States Treasury notes, or other public debt obligations of the United States or obligations that are unconditionally guaranteed as to both interest and principal by the United States, or </P>
          <P>3. In the form of a letter of credit issued to the Agency for a period of not less than two years to coincide with the period of any deposit of obligations, or </P>
          <P>4. In the form of a certificate of participation in and coverage by an indemnity or insurance fund as approved by the Farm Service Agency, established and maintained by a State, backed by the full faith and credit of the applicable State, and which guarantees depositors of the licensed warehouse full indemnification for the breach of any obligation of the licensed warehouse operator under the terms of the Act and regulations, or </P>
          <P>5. Other forms of financial assurance as may be prescribed in the applicable licensing agreement and related addenda deemed acceptable by the Farm Service Agency. </P>
          <HD SOURCE="HD2">IV. Duties of Warehouse Operator </HD>
          <HD SOURCE="HD3">A. General </HD>
          <P>The warehouse operator agrees to: </P>
          <P>1. At all times exercise such care in regard to grain in custody as a reasonably careful owner would exercise under the same circumstances and conditions. </P>
          <P>2. To not differentiate among depositors regarding use of and access to services, except that available storage space may be allocated. </P>
          <P>3. Accept all storage and non-storage grain and, at the request of the depositor, deliver out all storage and non-storage grain, other than specially-binned grain, in accordance with the grades of that grain as determined by a person duly licensed to inspect that grain and to certificate the grade and the weight of that grain under the Act and the regulations; or </P>

          <P>4. If an appeal from the determination of an inspector has been taken, that grain will be accepted for and delivered out of storage in accordance with the grades as finally determined in the appeal. <PRTPAGE P="46330"/>
          </P>
          <P>5. Keep the warehouse reasonably clean at all times and free from straw, detritus, rubbish, or accumulations of materials that will create a hazard or interfere with the handling of grain and provide a safe environment in and around the warehouse and will provide all necessary assistance in the execution of inspections and examinations by representatives of the Farm Service Agency. </P>
          <P>6. Maintain sufficient inventory of grain in licensed storage with respect to quality and quantity as evidenced by the outstanding storage obligations (warehouse receipted and not warehouse receipted) and, in case the grades of stored grain should get out of balance with grades represented by outstanding storage obligations, to effect the necessary corrective actions to regain the quality and quantity equity. </P>
          <HD SOURCE="HD3">B. Insurance </HD>
          <P>
            <E T="03">1. Requirements.</E> The warehouse operator agrees to: </P>
          <P>a. Secure, in their own name, insurance on stored grain against loss or damage by fire, lightning, and other risk under forms of policies which automatically attach for the full replacement value of stored grain, as soon as such grain is placed in their legal custody, and continue such insurance in effect so long as the grain remains in their legal custody. The warehouse operator also agrees to keep a general insurance account showing the policy number, issuing company, amount binding, and expiration dates of all insurance policies and in each instance show the property covered by such policies. This insurance will be lawful policies issued by one or more insurance companies. The warehouse operator must submit such reports to underwriters as may be required under the terms of such policies, and submit copies of such reports to the Farm Service Agency as required. </P>
          <P>b. Show, in the tariff to be posted at all delivery points, the conditions under which the grain will be insured against loss or damage by fire, lightning, and other risk. </P>
          <P>c. Require that the warehouse operator's insurance company give 30 days advance notice to the Farm Service Agency of intent to cancel the stock (inventory) coverage. </P>
          <HD SOURCE="HD3">C. Records To Be Kept in a Safe Place </HD>
          <P>The warehouse operator agrees to: </P>
          <P>1. Provide a fireproof safe, a fireproof vault, or a fireproof compartment in which to keep, when not in use, all records, books, and papers pertaining to the licensed warehouse, including a current warehouse receipt book, copies of warehouse receipts issued, and canceled warehouse receipts or microfilm copies of canceled receipts, except that, with the written consent of the Farm Service Agency, upon a showing by the warehouse operator that it is not practicable to provide such fireproof safe, vault, or compartment, may keep such records, books, and papers in some other place of safety, approved by the Farm Service Agency. </P>
          <P>2. Retain each canceled receipt for a period of six years after December 31 of the year in which the warehouse receipt is canceled and for such longer period as may be necessary for the purposes of any litigation which the warehouse operator knows to be pending, or as may be required by the Farm Service Agency in particular cases to carry out the purposes of the Act. </P>
          <P>3. Arrange canceled warehouse receipts in numerical order and otherwise in such manner as may be directed, for purposes of audit, by authorized officers or agents of the United States Department of Agriculture and the Farm Service Agency. </P>
          <HD SOURCE="HD3">D. Scales and Bin Numbers </HD>
          <P>The warehouse operator agrees to: </P>
          <P>1. Be equipped with suitable scales in good order, and so arranged that all grain, whether for storage or for non-storage purposes, can be weighed in and out of the warehouse. The scales in any warehouse must be subject to examination by authorized officers or agents of the United States Department of Agriculture and to disapproval by the Farm Service Agency. If disapproved, any weighing apparatus must not thereafter be used in ascertaining the weight of grain for the purposes of this Act, until such disapproval is withdrawn </P>
          <P>2. Cause both bulk grain bins and compartments for sacked grain of all warehouses licensed under the Act to be identified by means of clearly discernible numbers securely affixed. The series of numbers to be used must be approved by the Farm Service Agency. Bulk grain bins must be numbered so as to be easily identified at the openings on top and also on or near the outlet valves underneath. Compartments must be numbered in such a manner as clearly showing the space covered by each number. </P>
          <P>3. Apply for licensing at all facilities controlled by them at a specific location, among which grain may be transferred without weighing, unless those facilities are specifically exempted by the Farm Service Agency. The warehouse operator must not select, randomly, the bins to be licensed unless specifically exempted by the Farm Service Agency. </P>
          <HD SOURCE="HD3">E. Warehouse Charges </HD>
          <P>The warehouse operator must: </P>
          <P>1. not make any unreasonable or exorbitant charge for services rendered. </P>
          <P>2. before a license to conduct a warehouse is granted under the Act, file, with the Farm Service Agency, a copy of their rules and a schedule of charges to be assessed depositors. </P>
          <P>3. before making any change in such rules or schedule of charges, file with the Farm Service Agency a new rule statement or schedule of charges. </P>
          <P>4. post conspicuously where the depositor may access it at all delivery points, a copy of the current rules and schedule of charges. </P>
          <HD SOURCE="HD3">F. Business Hours </HD>
          <P>The warehouse operator agrees to: </P>
          <P>1. be open for the purpose of receiving grain for storage and delivering grain out of storage and for settlement purposes every normal business day for a period of not less than six hours between the hours of 8 a.m. and 6 p.m. The warehouse operator must post their business hours at the public entrance to the office and to their licensed warehouse. </P>
          <P>2. in case the warehouse is not to be kept open as required, state, in the posted notice, the period during which the warehouse is to be closed and the name, the address, and telephone number of the person who will be authorized to receive and deliver grain stored in the warehouse. </P>
          <HD SOURCE="HD3">G. System of Accounts </HD>
          <P>The warehouse operator agrees to: </P>
          <P>1. Have and maintain a system of accounts approved for the purpose by the Farm Service Agency. This system of accounts must include an accurate and concise daily position record showing, as activity occurs, the total quantity of each kind and class (and the subclass white club wheat) of grain in licensed space:</P>
          <P>a. Total grain unloaded into the warehouse,</P>
          <P>b. Total grain loaded out of the warehouse,</P>
          <P>c. Total grain adjustments,</P>
          <P>d. Total grain remaining in the warehouse at the close of each business day,</P>
          <P>e. Total obligations transferred to another warehouse,</P>
          <P>f. Total negotiable and non-negotiable warehouse receipts issued, canceled, and balance outstanding,</P>

          <P>g. Total increase, decrease, and outstanding un-receipted obligations belonging to others including grain bank,<PRTPAGE P="46331"/>
          </P>
          <P>h. Total grain owned by the warehouse operator for which warehouse receipts have not been issued, and</P>
          <P>i. Total grain obligations. </P>
          <P>2. Maintain a separate set of records for each depositor showing the kind, class (and the subclass white club wheat), grade, and quantity of grain deposited or redelivered which must include a detailed record of all money received and disbursed and, if applicable, all insurance policies taken out and canceled on request of each depositor. These records will be maintained accurately and concisely as activity occurs. The warehouse operator must retain these records for a period of six years after December 31 of the year in which they were created, and for such longer period as may be necessary for the purposes of any litigation which the warehouse operator knows to be pending, or as may be required by the Farm Service Agency in particular cases to carry out the purposes of the Act. </P>
          <P>3. Maintain similar records and information for any non-storage grain handled through the warehouse. Records required with respect to non-storage grain must be retained, as a part of the records of the warehouse, for a period of one year after December 31 of the year in which the lot of non-storage grain is delivered from the warehouse. </P>
          <HD SOURCE="HD3">H. Excess Storage and Transferring Grain </HD>
          <P>The warehouse operator agrees that: </P>
          <P>1. If at any time grain stored in the warehouse exceeds the capacity for which the warehouse is licensed, the warehouse operator will immediately notify the Farm Service Agency of the fact and the location of excess storage. </P>
          <P>2. If they desire to transfer stored grain to another warehouse (receiving), the warehouse operator may do so either by physical movement of the stored grain or by other methods accepted as standard industry practice subject to the following terms and conditions:</P>
          <P>a. The transferring (shipping) warehouse operator's accepted rules or schedule of charges must contain notice that the warehouse operator may transfer grain according to conditions prescribed by the Farm Service Agency. </P>
          <P>b. The warehouse operator must request permission in writing to the Farm Service Agency.</P>
          <P>c. For purposes of transferring grain, a receiving warehouse means a warehouse operated by a warehouse operator who holds an un-suspended, un-revoked grain license under the United States Warehouse Act, or a warehouse operated by a warehouse operator who holds an effective warehouse license for the public storage of grain issued by a State that has financial, bonding and examination requirements for the benefit of all depositors or, in the case of warehouses operating in a State without licensing authorities, warehouses with approved Uniform Grain and Rice Storage Agreements with the Commodity Credit Corporation. </P>
          <P>d. Non-negotiable warehouse receipts must be obtained promptly by the shipping warehouse operator from the receiving warehouse operator for all warehouse receipted or open storage transferred grain. Such warehouse receipts must have printed or stamped in large bold or outline letters diagonally across the face and covering the face from corner to corner the words “NOT NEGOTIABLE”. In the case of grain shipped to a warehouse in a State that doesn't allow issuance of non-negotiable warehouse receipts, the receiving warehouse operator will issue an affidavit specifying the kind, class (and the subclass white club wheat), grade and quantity of the grain received from the shipping warehouse operator. These receipts and affidavits are not valid for collateral purposes. They must be retained by the shipping warehouse operator to be presented to and used by authorized officers and agents of the United States Department of Agriculture, and the Farm Service Agency in lieu of an on-site inventory. The grain covered by these warehouse receipts and affidavits is not the property of either the receiving or shipping warehouse operator but held in trust by both solely for the benefit of the depositors whose bailed grain was transferred individually or collectively and which the depositor or the depositor's transferee retains title. </P>
          <P>e. The shipping warehouse operator's financial assurance amount must be increased to consider the addition of the transferred grain to the licensed capacity of the warehouse with the net worth requirements based on the total of the licensed capacity and the transferred grain. The receiving warehouse operator must not incur storage obligations that exceed the licensed or approved capacity of their warehouse.</P>
          <P>f. The shipping warehouse operator retains storage obligation to the owners of all grain deposited in the warehouse for storage, whether transferred or retained, and is, except as otherwise agreed upon under paragraph (g), required to redeliver the grain upon demand to the depositor or the depositor's transferee at the warehouse where the grain was first deposited for storage.</P>
          <P>g. The owner of grain deposited for storage at the warehouse must make settlement and take delivery at the warehouse where the grain was first deposited for storage, unless the owner of the grain, with the consent of both the shipping warehouse operator and the receiving warehouse operator, elects to take delivery at the warehouse to which grain was transferred.</P>
          <P>h. Nothing in this agreement will in any way diminish the right of the owner of the grain to receive on delivery, or the obligation of the warehouse operator of a licensed warehouse from which the product is transferred, to deliver to the owner, grain in the quantity, and of the kind, quality, class (and the subclass white club wheat) and grade, called for by the warehouse receipts or other evidence of storage.</P>
          <P>i. Recording and retention of non-negotiable warehouse receipts received as a result of transferring grain under this section will be subject to the requirements for warehouse receipts.</P>
          <P>j. A receiving warehouse operator must not transfer or offset to another warehouse, in any manner, their obligation to the shipping warehouse operator. </P>
          <HD SOURCE="HD3">I. Reports Required </HD>
          <P>The warehouse operator agrees to: </P>
          <P>1. When requested by the Farm Service Agency, make such reports, on forms prescribed and furnished for the purpose by the Farm Service Agency, concerning the condition, contents, operation, and business of the warehouse. </P>
          <P>2. Keep on file, as a part of the records of the warehouse, for a period of three years after December 31 of the year in which submitted, an exact copy of each report submitted. </P>
          <HD SOURCE="HD3">J. Inspections, Examinations of Warehouse </HD>
          <P>The warehouse operator agrees to permit any officer or agent of the United States Department of Agriculture, authorized by the Farm Service Agency, to enter and inspect or examine on any business day during the usual hours of business, any warehouse for which they hold a license, the office, the books, records, papers, and accounts relating, and the contents thereof and will furnish that officer or agent the assistance necessary to enable making any inspection or examination. </P>
          <HD SOURCE="HD3">K. Loading Out Without Weighing </HD>
          <P>The warehouse operator may: </P>

          <P>1. Load out identity-preserved grain without weighing for which the owner has agreed to assume all shortages, provided that the warehouse receipts <PRTPAGE P="46332"/>covering this grain have been surrendered to the warehouse operator. </P>
          <P>2. At the request of the owner, load out fungible grain without weighing. Destination weights are to be obtained and posted as soon as possible. Any interim weight certificate issued by the shipping warehouse operator must clearly show the weight as an estimate. </P>
          <HD SOURCE="HD3">L. Storage of Identity Preserved Grain </HD>
          <P>1. The warehouse operator may elect <E T="03">not</E> to accept and store identity preserved grain. </P>
          <P>2. If electing to accept and store bulk identity-preserved grain, the warehouse operator agrees to:</P>
          <P>a. Clearly mark with identification each bag or container.</P>
          <P>b. Maintain records that clearly show the location of all identity-preserved grain stored in the warehouse. </P>
          <HD SOURCE="HD3">M. Containerized Grain Storage </HD>
          <P>The warehouse operator agrees to keep containerized grain stored in an orderly manner so as to permit easy access to all lots and to facilitate inspecting, sampling, counting and identification of each lot. </P>
          <HD SOURCE="HD3">N. Delivery of Fungible Grain </HD>
          <P>The warehouse operator must: </P>
          <P>1. Upon proper presentation of a warehouse receipt for any grain, other than identity-preserved grain, and, if requested by the warehouse operator, payment of all accrued charges associated with the storage of the grain, deliver to the depositor or lawful holder of the warehouse receipt, grain in the quantity, and of the kind, quality, class (and the subclass white club wheat) and grade, called for by the warehouse receipts or other evidence of storage; or </P>
          <P>2. Upon proper presentation of a warehouse receipt for any identity-preserved grain and, if requested by the warehouse operator, payment of all accrued charges associated with the storage of the grain, deliver to the person lawfully entitled thereto, the identical grain stored in the warehouse. </P>
          <HD SOURCE="HD3">O. Storage Obligations </HD>
          <P>The warehouse operator, while authorized to commingle grain in store, is liable to each depositor for the care and delivery of grain stored as if the grain were separately stored. The warehouse operator is free to store in any manner that results in their ability to produce grain, as a bailee for hire, that meets or exceeds the quantity and quality specifications of the warehouse receipt or the original delivery receipt (scale ticket). </P>
          <HD SOURCE="HD3">P. Out of Condition and Damaged Grain </HD>
          <P>The warehouse operator may refuse to accept grain offered for storage if its condition is such that it will affect the condition of existing grain in the warehouse unless the warehouse operator chooses to separately bin and condition the grain. </P>
          <HD SOURCE="HD3">Q. Reconditioning Grain </HD>
          <P>The warehouse operator agrees to: </P>
          <P>1. Immediately notify the owners and the Farm Service Agency when grain is going out of condition and where the warehouse operator is unable to condition the grain and stop the deterioration, and </P>
          <P>2. Follow instructions received. </P>
          <HD SOURCE="HD3">R. Warehouse Receipts </HD>
          <P>1. The warehouse operator when choosing the option to issue Electronic Warehouse Receipts (EWRs) instead of paper warehouse receipts for the agricultural product(s) stored in their warehouse agrees to: </P>
          <P>a. Only issue EWRs through a provider whom the Farm Service Agency has approved. </P>
          <P>b. Receive written approval from the Farm Service Agency at least 30 calendar days before changing providers. Upon approval a warehouse operator may request their current provider to transfer their EWR data from its Central Filing System (CFS) to the CFS of the approved provider whom they select. Warehouse operators must notify all holders of EWRs by inclusion in the CFS at least 30 calendar days before changing providers, unless otherwise required or allowed by the Agency. Warehouse operators may only change providers once a year. </P>
          <P>c. Cancel EWRs only when they are the holder of the receipt(s) </P>
          <P>d. Correct information on the EWR only with written notification to the provider. </P>
          <P>e. Before issuing EWRs, request and receive from the Farm Service Agency a range of consecutive warehouse receipt numbers which the warehouse operator will use consecutively for issuing their EWRs. </P>
          <P>f. Issue warehouse receipts initially as EWRs. </P>
          <P>g. Inform the Farm Service Agency of the identity of their provider 60 calendar days in advance of issuing EWRs through that provider. The Farm Service Agency may waive or modify this 60-day requirement as set forth under 7 CFR 735.2(b). </P>
          <P>2. The warehouse operator will ensure that an issued EWR establishes the same rights and obligations with respect to an agricultural product as a paper warehouse receipt, and possess the following attributes that: </P>
          <P>a. The person identified as the 'holder' of a EWR will be entitled to the same rights and privileges as the holder of a paper warehouse receipt. </P>
          <P>b. Only the current holder of the EWR may transfer the EWR to a new holder. </P>
          <P>c. The identity of the holder must be included as additional information for every EWR. </P>
          <P>d. An EWR will only designate one entity as a holder at any one time. </P>
          <P>e. An EWR will not be issued for a specific identity preserved or a commingled agricultural product lot if another receipt, whether paper or electronic, representing the same specific identity preserved or commingled lot of agricultural product is outstanding. No two warehouse receipts issued by a warehouse operator may have the same receipt number or represent the same agricultural product lot. </P>
          <P>f. An EWR may only be issued to replace a paper receipt if requested by the current holder of the paper warehouse receipt. </P>
          <P>g. An EWR allows a “holder” the option to authorize any other user of a provider to act on their behalf with respect to their activities with their provider. This authorization must be in writing, acknowledged, and retained by the provider. </P>
          <P>h. Provisions of 7 CFR 735.301(c) will be applicable to lost or destroyed EWRs. </P>
          <P>i. Only the current EWR holder may request a paper warehouse receipt in lieu of a EWR with respect to an agricultural product. </P>
          <HD SOURCE="HD1">V. Paper Warehouse Receipts </HD>
          <P>A. Issuance </P>
          <P>The warehouse operator agrees to: </P>
          <P>1. Issue warehouse receipts for any grain stored in a warehouse at the request of a depositor. </P>
          <P>2. Prior to issuing any warehouse receipt under the Act, obtain a copy of the original weight certificate, original inspection certificate or original inspection and weight certificate representing the grain. The warehouse operator's records must identify the certificate (s) used as the basis for issuing the receipt and retained for a period of three years after December 31 of the year in which issued. Certificates filed in the office of an independent inspection or weighing agency or with a U. S. Registrar meet this requirement. </P>
          <HD SOURCE="HD3">B. Form </HD>

          <P>1. Every warehouse receipt, whether negotiable or non-negotiable, issued for grain stored in a licensed warehouse must, in addition to complying with the <PRTPAGE P="46333"/>requirements of section 11 of the Act, embody within its written or printed terms the following: </P>
          <P>a. The name of the warehouse operator and the designation, if any, of the warehouse, </P>
          <P>b. The warehouse operator's license number, </P>
          <P>c. The Commodity Credit Corporation contract code number, if applicable, </P>
          <P>d. A statement whether the warehouse operator is incorporated or unincorporated, and if incorporated, under what laws, </P>
          <P>e. In the event the relationship existing between the warehouse operator and any depositor is not that of a strictly disinterested custodianship, a statement setting forth the actual relationship, </P>
          <P>f. A statement conspicuously placed, whether or not the grain is insured, and, if insured, to what extent, by the warehouse operator against loss by fire, lightning, or other risk, </P>
          <P>g. The net weight, including dockage, if any, of the grain. </P>
          <P>h. In the case of grain the identity of which is to be preserved, its identification or location in accordance with the regulations.</P>
          <P>i. The words “Not Negotiable,” or “Negotiable,” according to the nature of the receipt, clearly and conspicuously printed or stamped thereon. </P>
          <P>2. Every negotiable warehouse receipt issued must, in addition to conforming with the requirements of paragraph (a), embody within its written or printed terms, a form of endorsement which may be used by the depositor, or their authorized agent, for showing the ownership of, and liens, mortgages, or other encumbrances on the grain covered by the receipt. </P>
          <P>3. The grade stated in a warehouse receipt must be stated as determined by the inspector who last inspected and graded the grain or, if an appeal has been taken, the grade will be stated on such receipt in accordance with the grade as finally determined in such appeal. </P>
          <P>4. If the warehouse operator issues a warehouse receipt omitting the statement of grade on request of the depositor, such receipt will have clearly and conspicuously stamped or written in the space provided for the statement of grade the words “Not graded on request of depositor”. </P>
          <P>5. If the warehouse operator issues a warehouse receipt under the Act omitting any information not required to be stated, for which a blank space is provided in the form of the receipt, a line will be drawn through such space to show that such omission has been made purposely. </P>
          <HD SOURCE="HD3">C. Persons Authorized to Sign Warehouse Receipts </HD>
          <P>The warehouse operator must file with the Farm Service Agency, the name and genuine signature of each person authorized to sign warehouse receipts for the warehouse operator, promptly notify Farm Service Agency of any changes as to persons authorized to sign, file the signatures of such persons, and will be bound by such signatures the same as if the warehouse operator, had personally signed the receipt. </P>
          <HD SOURCE="HD3">D. Copies of Warehouse Receipts </HD>
          <P>The warehouse operator agrees that at least one copy of all warehouse receipts must be made and, except skeleton and microfilm copies, have clearly and conspicuously printed or stamped on the face the words “Copy—Not Negotiable”. </P>
          <HD SOURCE="HD3">E. Printing of Warehouse Receipts </HD>
          <P>The warehouse operator agrees to issue only warehouse receipts that: </P>
          <P>1. Are in a form prescribed by the Farm Service Agency. </P>
          <P>2. Are on distinctive paper or card stock specified by the Farm Service Agency; </P>
          <P>3. Printed by a printer with whom the United States has an agreement and bond for such printing; and </P>
          <P>4. On paper and/or card stock tinted with ink in the manner prescribed by the agreement. </P>
          <HD SOURCE="HD3">F. Return of Warehouse Receipts Prior to Delivery </HD>
          <P>The warehouse operator agrees to: </P>
          <P>1. Not deliver any grain for which they have issued a negotiable receipt until the receipt has been returned to the warehouse operator and canceled; and </P>
          <P>2. Not deliver grain for which they have issued a non-negotiable receipt until such receipt has been returned, or they have obtained from the holder or agent, a written order and a receipt upon delivery of 90% (ninety percent) of the quantity. </P>
          <HD SOURCE="HD3">G. Balance Warehouse Receipts </HD>
          <P>The warehouse operator, upon request of the holder, may issue a warehouse receipt for previously warehouse receipted grain, the receipt for which has been canceled. The balance warehouse receipt must show the number and issuance date of the original warehouse receipt. </P>
          <HD SOURCE="HD3">H. Lost or Destroyed Warehouse Receipts </HD>
          <P>1. The warehouse operator may issue a new warehouse receipt subject to the same terms and conditions, and bearing on its face the number and the date of the original receipt when presented with the case of a lost or destroyed warehouse receipt. </P>
          <P>2. Before issuing a replacement warehouse receipt, the warehouse operator must require the holder or other person applying therefore to make and file with the warehouse operator</P>
          <P>a. An affidavit showing that the holder is lawfully entitled to the possession of the original warehouse receipt; that the holder has not negotiated or assigned it; how the original receipt was lost or destroyed; and, if lost, that diligent effort has been made to find the warehouse receipt without success.</P>
          <P>b. A bond in an amount double the value, at the time the bond is given, of the agricultural product represented by the lost or destroyed warehouse receipt. This bond will be in a form approved for the purpose by the Farm Service Agency, and will be conditioned to indemnify the warehouse operator against any loss sustained by reason of the issuance of this warehouse receipt. The bond will have as surety a surety company which is authorized to do business, and is subject to administration of process in a suit on the bond, in the State in which the warehouse is located, unless a variance is granted by the Farm Service Agency. </P>
          <P>3. Auditing Canceled Warehouse Receipts. The warehouse operator agrees to forward canceled receipts for auditing, as requested, to the Farm Service Agency. </P>
          <HD SOURCE="HD2">VI. Service Licenses </HD>
          <HD SOURCE="HD3">A. The Applicant</HD>
          <P>The applicant for service licensing under the Act: </P>
          <P>1. Must make application for license to inspect and/or weigh grain to the Farm Service Agency on forms furnished by the Agency. Each application must:</P>
          <P>a. Be signed by the applicant.</P>
          <P>b. Contain or be accompanied by a statement from the warehouse that the applicant is acceptable to such warehouse operator.</P>
          <P>c. If seeking inspection licensing, certification that the applicant can correctly inspect grain in accordance with the official standards of the United States, or in the absence of such standards, in accordance with any standards approved by the Farm Service Agency. </P>
          <P>d. If seeking weighing licensing, certification that the applicant can correctly weigh grain. </P>

          <P>e. Furnish such additional information as requested by the Farm Service Agency. <PRTPAGE P="46334"/>
          </P>
          <HD SOURCE="HD3">B. Examination of Applicant </HD>
          <P>As a service license applicant, submit to an examination or test to show ability to properly inspect, grade and/or weigh grain, as the case may be, and also make available for inspection copies of the standards of inspection and grading and the weighing apparatus as the case may be, used or to be used. </P>
          <HD SOURCE="HD3">C. Inspection Certificate </HD>
          <P>1. Each inspection certificate issued under the Act by an inspector must be in a form approved by the Farm Service Agency, and include the following information within its terms:</P>
          <P>a. The caption “United States Warehouse Act, Grain Inspection Certificate,”</P>
          <P>b. Whether it is an original, a duplicate, or other copy, and that it is not negotiable,</P>
          <P>c. The name and location of the warehouse in which the grain is or is to be stored,</P>
          <P>d. A statement showing whether the inspection covers grain moving into or out of the warehouse,</P>
          <P>e. The date of the certificate,</P>
          <P>f. The consecutive number of the certificate,</P>
          <P>g. The approximate quantity of grain covered by the certificate,</P>
          <P>h. The kind of grain covered by the certificate,</P>
          <P>i. The grade of the grain, as determined by such duly licensed inspector, in accordance with official standards and, in the case of grain for which no official standards of the United States are in effect, the standards or description in accordance with which such grain is graded.</P>
          <P>j. A statement that the certificate is issued by an inspector licensed under the U.S. Warehouse Act and the regulations thereunder,</P>
          <P>k. A statement conspicuously placed to the effect that the certificate is not valid for the purposes of the United States Grain Standards Act, and</P>
          <P>l. The signature of the inspector who inspected and graded the grain. </P>
          <P>2. In addition to the provisions of paragraph 1, the inspection certificate may include any other matter consistent with the Act or the regulations, provided the approval of the Farm Service Agency is first secured. </P>
          <P>3. In lieu of an inspection certificate in the form prescribed in paragraph one, an official inspection certificate issued pursuant to the provisions of the United States Grain Standards Act, or the Agricultural Marketing Act of 1946 on grain which is stored or to be stored in a warehouse licensed under the Act will be acceptable for purposes of the Act and the regulations. </P>
          <HD SOURCE="HD3">D. Weight Certificates </HD>
          <P>1. Each weight certificate issued under the Act by an inspector must be in a form approved for the purpose by the Farm Service Agency, and include the following information within its terms:</P>
          <P>a. The caption “United States Warehouse Act, Grain Weight Certificate,”</P>
          <P>b. Whether it is an original, a duplicate, or other copy, and that it is not negotiable,</P>
          <P>c. The name and location of the warehouse in which the grain is or is to be stored,</P>
          <P>d. Whether the grain is weighed into or out of the warehouse,</P>
          <P>e. The date of the certificate,</P>
          <P>f. The consecutive number of the certificate,</P>
          <P>g. The net weight, including dockage, if any, of the grain.</P>
          <P>h. A statement that the certificate is issued by a weigher licensed under the U.S. Warehouse Act and the regulations thereunder, and</P>
          <P>i. The signature of the weigher. </P>
          <P>2. In addition to the provisions of paragraph 1, the weight certificate may include any other matter consistent with the Act or the regulations in this part provided the approval of the Farm Service Agency is first secured. </P>
          <P>3. In lieu of a weight certificate in the form prescribed in paragraph 1 of this section, an official weight certificate issued pursuant to the provisions of the United States Grain Standards Act, or an official weight certificate issued pursuant to the Agricultural Marketing Act of 1946 on grain which is stored or to be stored in a warehouse licensed under the Act is acceptable for purposes of the Act. </P>
          <HD SOURCE="HD3">E. Grade and Weight Certificate </HD>
          <P>The grade and weight of any grain, ascertained by an inspector and a weigher, may be stated on a certificate meeting the combined requirements of subsections C and D provided the form of the certificate is approved for the purpose by the Farm Service Agency. </P>
          <HD SOURCE="HD3">F. Duties of Inspector and Weigher </HD>
          <P>Each inspector and weigher whose license remains in effect must: </P>
          <P>1. When given grain to inspect, grade and/or weigh under conditions which permit proper inspection and weighing, without discrimination, as soon as practicable and upon reasonable terms, perform the requested services for which licensed. </P>
          <P>2. Issue a certificate of grade for any grain only if the inspection and grading thereof is based upon a correct and representative sample of the grain. </P>
          <P>3. As soon as possible after grading any grain and not later than the close of business on the next following business day, make accessible to the parties interested in a transaction in which the grain is involved at the location of the license, a copy of the inspection certificate issued by the licensed inspector. </P>
          <P>4. Keep the license to inspect, grade and/or weigh conspicuously posted at the place where those duties are performed or as directed by the Farm Service Agency. </P>
          <P>5. Permit any authorized officer or agent of the United States Department of Agriculture or the Farm Service Agency or their designee to inspect or examine, on any business day during the usual hours of business, their books, papers, records, and accounts relating to the performance of their duties under the Act and, with the consent of the warehouse operator concerned, assist any such officer or agent in the inspection or examination as far as it relates to the performance of the duties of such inspector or weigher under the Act. </P>
          <P>6. Keep for a period of one year, in a place accessible to interested parties, a copy of each certificate issued and file the certificate with the warehouse in which the grain covered by the certificates is stored. </P>
          <HD SOURCE="HD2">VII. Grain Grading </HD>
          <HD SOURCE="HD3">A. Official Grain Standards of the United States </HD>
          <P>The Official Grain Standards of the United States are hereby adopted as the official grain standards for the purposes of the Act and the regulations. </P>
          <HD SOURCE="HD3">B. Standards of Grade for Other Grain </HD>
          <P>Until Official Standards of the United States are fixed and established for the kind of grain to be inspected, the grade of the grain will be stated, subject to the approval of the Farm Service Agency: </P>
          <P>1. In accordance with the State standards, if any, established in the State in which the warehouse is located, </P>
          <P>2. In the absence of any State standards, in accordance with the standards, if any, adopted by the local board of trade, Chamber of Commerce, or by the grain trade generally in the locality in which the warehouse is located, or </P>

          <P>3. In the absence of the standards mentioned in paragraphs 1 and 2 of this section, in accordance with any standards approved for the purpose by the Farm Service Agency. <PRTPAGE P="46335"/>
          </P>
          <HD SOURCE="HD2">VIII. Grain Appeals </HD>
          <HD SOURCE="HD3">A. Appeal Procedure </HD>
          <P>The depositor, holder of the warehouse receipt or the warehouse operator may make an appeal as to the grade of a lot of grain stored or to be stored in a warehouse. If the original grade certificate was issued by an inspector licensed under, or authorized by, the United States Grain Standards Act or the Agricultural Marketing Act, the appeal, including the amount of fees, will be governed by the regulations issued under those Acts respectively; otherwise, the appeal, including fees will be governed by paragraphs B and C of this section. </P>
          <HD SOURCE="HD3">B. Request for Appeal </HD>
          <P>1. The warehouse operator agrees to accept a request for an appeal inspection by a depositor or holder of the warehouse receipt made by written notice to the warehouse operator before the identity of the lot of grain has been lost and not later than the close of business on the first business day following furnishing of the statement of original grade. </P>
          <P>2. If the appeal is requested by the warehouse operator, notice must be given promptly to the owner of the grain. Oral notice may be made if followed by written notice. </P>
          <P>3. Where it is not practical for the warehouse operator to maintain the identity of all grain being received for storage until depositors receive a statement of grade and consequently opportunity for appeal, any depositor or agent before or at the time of delivery of grain may request that the warehouse operator retain the identity of such lot until depositor has been furnished with a statement of grade for the lot and has waived or requested and received an appeal inspection grade. </P>
          <P>4. The warehouse operator need not preserve the identity of the lot in the original conveyance; but with the knowledge and consent of the depositor or agent may use other means to preserve such identity. Further, if compliance with such request would adversely affect receiving, storing or delivering the grain of other depositors, the warehouse operator may defer unloading the grain until such time as would not disrupt service to other depositors but without unnecessary delay to the party making such request. </P>
          <HD SOURCE="HD3">C. Appeal Sampling, Preservation, Delivery and Examination </HD>
          <P>1. The lot of grain for which an appeal is requested must be re-sampled in such manner and quantity as the depositor or holder of the warehouse receipt and the warehouse operator agree results in a representative sample of the lot acceptable to each for appeal purposes. If the parties are unable to agree on such a sample, a sample drawn by a duly licensed inspector in the presence of the interested parties must be deemed binding. In no case will the sample be of less than 2000 grams by weight. </P>
          <P>2. The sample must be packaged, to the satisfaction of the interested parties, so as to preserve its original condition. </P>
          <P>3. Delivery.</P>
          <P>a. For grains for which there are official U.S. Standards, the sample will be secured and delivered to the nearest office charged with providing official inspection service under the United States Grain Standards Act or the Agricultural Marketing Act of 1946. At this point, procedures to determine the grade of the grain will be as set forth in regulations issued under the United States Grain Standards Act or under the Agricultural Marketing Act of 1946, as is applicable. </P>
          <P>b. For grain for which there are no official U.S. Standards, the party requesting the appeal will apply directly to the Farm Service Agency for relief. The Farm Service Agency will determine the appeal based on approved standards and set the required fees. Such determination will be binding on all interested parties. </P>
          <P>4. The sample must be accompanied by: </P>
          <P>a. A copy of the written request for appeal, </P>
          <P>b. The grain inspection certificate originally issued, and </P>
          <P>c. An agreement to pay the costs of such inspection as prescribed by the United States Grain Standards Act, the Agricultural Marketing Act or the Farm Service Agency. </P>
          <P>5. The sample of the grain involved in the appeal must be examined as soon as possible. Such tests must be applied as are necessary. Unless the appeal is dismissed, a grade certificate must be issued by the person determining the grade, showing the grade assigned by them to such grain. The certificate will supersede the inspection certificate originally issued for the grain involved. The original or a copy of the new grade certificate will be sent to the depositor or holder of the warehouse receipt, the warehouse operator and the licensed inspector making the original determination of grade. </P>
          <HD SOURCE="HD3">D. Ability To Appeal </HD>
          <P>1. No person licensed under the Act, will, directly or indirectly by any means whatsoever, deter or prevent or attempt to deter or prevent any party from taking an appeal. </P>
          <P>2. No rule, regulation, bylaw, or custom of any market, board of trade, Chamber of Commerce, exchange, inspection department or similar organization nor any contract, agreement or understanding, will be grounds for refusing to determine any appeal. </P>
          <HD SOURCE="HD3">E. Owner Not Compelled To Store Grain </HD>
          <P>Nothing in this agreement will require the owner or agent to store such grain with the warehouse operator after the appeal inspection, but if the grain is stored it will be accepted for and delivered out of storage in accordance with the grade as finally determined in such appeal. </P>
          <HD SOURCE="HD2">IX. Fees </HD>
          <P>The Farm Service Agency is authorized, by the enabling legislation, to assess and collect fees to cover the administration of the program. A schedule showing the current fees or any annual fee changes will be provided as an addendum to the licensing agreement. </P>
          <P>The fees for grain warehouses are detailed in the attached Addendum No. 1. </P>
          <EXTRACT>
            <P>This agreement forms a part of the (License Number_____for (Warehouse Operator)_____(Licensed Location)_____and is effective (Date)_____.</P>
            <FP/>
            <FP>Warehouse Operator</FP>
            
            <FP SOURCE="FP-DASH"/>
            <FP>By</FP>
            
            <FP SOURCE="FP-DASH"/>
            <FP>Date</FP>
            
            <FP SOURCE="FP-DASH"/>
            <FP>For the Farm Service Agency. </FP>
          </EXTRACT>
          <BILCOD>BILLING CODE 3410-05-P </BILCOD>
          <GPH DEEP="567" SPAN="3">
            <PRTPAGE P="46336"/>
            <GID>EP04SE01.001</GID>
          </GPH>
          <BILCOD>BILLING CODE 3410-05-C</BILCOD>
          
          <PRTPAGE P="46337"/>
          <HD SOURCE="HD1">Exhibit C—Draft </HD>
          <HD SOURCE="HD1">Farm Service Agency </HD>
          <HD SOURCE="HD1">Provider Agreement to Electronically File and Maintain Electronic Warehouse Receipts and United States Warehouse Act Documents </HD>
          <DEPDOC>[WA-141; 0560-0120] </DEPDOC>
          <P>This Provider Agreement (hereafter “Agreement”) between_____ (hereafter “Provider”) and the Farm Service Agency (hereafter “FSA”) authorizes the Provider to establish and maintain a database and system for the purpose of electronically filing warehouse receipts and documents issued under the United States Warehouse Act (hereafter “USWA”) in a central data filing system (hereafter “central filing system” or “CFS”) and permits the Provider to accept the filing of warehouse receipts from other than USWA licensed warehouse operators in such electronic data filing system. Such electronically filed warehouse receipts and electronically filed USWA documents are hereafter referred to herein as “electronic warehouse receipts” and “electronic USWA documents” respectively. </P>
          <P>The purpose of this Agreement is to ensure that: </P>
          <P>A. Electronic warehouse receipts and electronic USWA documents issued and filed in accordance with this Agreement meet the requirements of the USWA and 7 CFR Part 735, </P>
          <P>B. Providers meet the applicable requirements of the USWA and 7 CFR Part 735, </P>
          <P>C. The Provider as a U. S. Department of Agriculture representative, operates a system that is independent in action and appearance of bias or influences other than those which serve the best interest of the users, and </P>
          <P>D. Data kept in the Provider's CFS is secured, not changed inappropriately and only released to authorized parties. Only the issuer may change, cancel or void the USWA documents. </P>
          <P>The terms of the Agreement are: </P>
          <HD SOURCE="HD2">I. Incorporation of Regulations </HD>
          <P>The regulations promulgated by FSA and published in the <E T="04">Federal Register</E> and annually codified at 7 CFR Part 735 relating to the issuance of electronic warehouse receipts and electronic USWA documents are incorporated herein and made a part hereof by reference, including regulations published after execution of this agreement. </P>
          <HD SOURCE="HD2">II. Access </HD>
          <P>A. Provider shall make the CFS operative and accessible to users and FSA for a period of not less than 18 hours per day Monday through Friday and not less than 12 hours per day on Saturday and Sunday. Provider shall offer a continuous period of access to the CFS during the hours of 7:00 AM to 6:00 PM for the local time zone where the CFS is located. Routine maintenance shall be performed without disruption of services. </P>
          <P>B. If, for extraordinary maintenance or for reasons beyond the Provider's control, the Provider cannot furnish access to the CFS as described in paragraph A of this section, the Provider shall furnish notice to FSA as follows: </P>
          <P>1. For extraordinary maintenance, an advance notice of at least 5 calendar days setting out the reasons and expected duration of the maintenance; and </P>
          <P>2. If unforeseen circumstances cause the CFS to be inaccessible during operating hours for more than a 1 hour period, Provider shall immediately notify the FSA contact person of the access problems. </P>
          <P>If a Provider's shutdowns interfere with FSA activities under this Agreement, FSA may immediately suspend this Agreement pending completion of the activities or may immediately terminate this Agreement. </P>
          <P>C. Provider shall give FSA unrestricted access to the CFS and all related and backup files, at no charge, for purposes of administering this Agreement. The Provider shall also give FSA unrestricted access to the physical site where the CFS and off-site records are retained. All FSA requested information from the Provider shall be available in either electronic or printed format or both at FSA discretion. </P>
          <HD SOURCE="HD2">III. Fees and Charges </HD>
          <P>A. Fees charged to Providers by FSA. </P>
          <P>1. Providers shall pay fees to FSA as shown in Addendum No. 1. This fee schedule may be changed by FSA annually. Such changes will be announced by April 1st and will become effective as of the following May 1st. </P>
          <P>2. Each applicant requesting approval shall submit the current non-refundable application fee. Upon approval applicant shall pay the current non-refundable annual fee. </P>
          <P>3. Each year the Agreement is in effect the Providers shall pay FSA the annual fee for that year. Providers will be invoiced by FSA for each annual payment. Providers shall pay FSA the annual fee for that year by May 30. </P>
          <P>B. Provider's Schedule of fees for Users. </P>
          <P>1. Any fee charged a user by the Provider shall be filed with FSA. Provider shall make its fees available to the public, upon demand. </P>
          <P>2. Fees for the use of the CFS shall not be assessed to users in a discriminatory manner. </P>
          <P>3. Providers may, after notification to FSA, restrict a user's access to the CFS when fee payments are more than 60 days overdue. </P>
          <HD SOURCE="HD2">IV. Financial, Insurance and Audit Requirements </HD>
          <P>A. Each Provider shall maintain complete, accurate, and current financial records. The Provider must submit to FSA an annual audit level financial statement. This audit shall encompass the Provider's fiscal year and shall be submitted to FSA no later than four calendar months following the end of the Providers fiscal year. </P>
          <P>B. Provider shall furnish insurance coverage payable to system users and FSA as required by 7 CFR Part 735. Deductible provisions for each policy shall not exceed $10,000. Each policy shall contain a clause requiring written notification to FSA 30 days prior to cancellation. </P>
          <P>C. The Provider must submit to FSA an electronic data processing audit that encompasses the Provider's fiscal year and must be submitted to the FSA no later than four calendar months following the end of the Providers fiscal year. The audit must evidence current computer operations, security, disaster recovery capabilities of the system, and other related systems. </P>
          <HD SOURCE="HD2">V. Liability </HD>
          <P>Providers shall be strictly liable to FSA under this agreement for any losses and costs incurred by FSA associated with system failure or lost, damaged, or improperly destroyed electronic warehouse receipts or electronic USWA documents. </P>
          <HD SOURCE="HD2">VI. Records </HD>
          <P>A. Provider shall maintain a continuous log capable of producing an audit trail of all electronic warehouse receipts and all electronic USWA documents activities as follows: </P>

          <P>1. Each Provider shall establish a contemporaneous log and accompanying set of records that shall allow for a reconstruction of the files, activities, and events pertaining to each electronic warehouse receipt and each electronic USWA document issued, canceled, converted to paper, converted from paper, or changed in anyway. The log and records maintained for this reconstruction shall be kept in secure storage for a period of 6 years after December 31 of the year in which the electronic warehouse receipt was <PRTPAGE P="46338"/>canceled and 6 years after the electronic USWA document was issued, unless FSA requires that the data be retained for a longer period. The log at a minimum shall capture a before and after field, the date of change, the time of the change, and the identity of the user making the change. </P>
          <P>2. The log shall include details of any attempts to make unauthorized changes or access to electronic warehouse receipt or electronic USWA document data. </P>
          <P>3 . Provider shall furnish reports as requested by FSA to ensure compliance with this Agreement and the USWA. </P>
          <P>B. Each Provider shall create, daily, two complete sets of disaster recovery records. These records shall be kept in a fireproof chamber and retained until a new set of disaster recovery records are created and stored. One set of the disaster recovery records shall be kept off-site. </P>
          <P>C. Providers shall not delete or alter any of the FSA required electronic warehouse receipts, electronic USWA documents or related data in the CFS, including the holder unless such actions are authorized by this Agreement or by FSA. </P>
          <P>D. Provider shall notify FSA immediately if any data related to an electronic warehouse receipt or electronic USWA document has been lost due to a system malfunction. Provider shall furnish a written explanation of the events which occurred and any other documentation as requested by FSA. </P>
          <HD SOURCE="HD2">VII. Security </HD>
          <P>A. Provider shall ensure on-site security of the computer hardware, software, and data. Security shall be designed to prevent the destruction, accidental or intentional, of facilities and data along with preventing the unauthorized distribution of electronic warehouse receipt or electronic USWA document information. Unless authorized by FSA, the data may only be given to a party who has the right to access it. </P>
          <P>B. Provider shall have a comprehensive disaster recovery procedure approved by FSA of all computerized and non-computerized functions and data. Provider shall perform a comprehensive test of the disaster recovery plan twice a year and report the results of those tests to FSA. The comprehensive test is to be performed at a different location using hardware not used in the normal production program. A complete backup of production data is to be restored. </P>
          <P>C. FSA may require alternative or additional security requirements if FSA determines that the security procedures submitted by the Provider or actually implemented by the Provider are insufficient. </P>
          <HD SOURCE="HD2">VIII. System Termination </HD>
          <P>If the Provider intends to terminate its operations under this Agreement, the Provider must give FSA and users thirty days advance notice of such termination. FSA will perform a closeout audit or advise the Provider in writing that such an audit is waived prior to termination. Any termination of operations under this Agreement by the Provider or by anyone operating in the place or instead of the operator will render the Provider or the Provider's insurance company, or both liable to FSA and the users for any damages resulting from such termination. </P>
          <HD SOURCE="HD2">IX. Transferring Receipts or Documents </HD>
          <P>A. A Provider may transfer electronic warehouse receipts or electronic USWA documents from its CFS to the CFS of another FSA approved Provider, when the Provider has received a request from the warehouse operator or other authorized party, defined in the applicable Addendum, and approval from FSA. These warehouse operators and other authorized parties may only change Providers once a year. FSA may waive or modify this limitation of allowing the changing of Providers only once a year. </P>
          <P>1. The current Provider must: </P>
          <P>a. Provide the new Provider and the warehouse operator, a list of current holders of all open electronic warehouse receipts and electronic USWA documents that were issued within the past 1 year for that warehouse 45 days prior to the transfer date. The list should contain the following information about each holder: holder ID, name, complete mailing address, phone number, fax number, and contact person. </P>
          <P>b. Invoice the warehouse operator fourteen days prior to the transfer date for the transfer charges. The invoice amount will be determined according to the current Provider's tariff and the number of open electronic warehouse receipts and electronic USWA documents that were issued within the past 1 year for the warehouse or holder on the date of invoice. </P>
          <P>c. Before 12:00 noon on the day of transfer: </P>
          <P>
            <E T="03">1.</E> Terminate access by all holders to the electronic warehouse receipts and electronic USWA documents records of the subject warehouse.</P>
          <P>
            <E T="03">2.</E> Produce a file of all data in each of the electronic warehouse receipts and electronic USWA documents records for the subject warehouse. This file is to include only open electronic warehouse receipts and electronic USWA documents issued within the past 1 year. </P>
          <P>
            <E T="03">3.</E> Provide the new Provider a list of current holders of open electronic warehouse receipts and electronic USWA documents issued within the past 1 year for that warehouse (new holders could have shown up since the notification date). The list should contain the same information about each holder as required in subparagraph A.1.a. </P>
          <P>
            <E T="03">4.</E> Initiate the connection to the new Provider's system and transmit the files of electronic warehouse receipts and electronic USWA documents records. Each Provider agrees to maintain a designated transfer site for purpose of transferring these files. </P>
          <P>
            <E T="03">5.</E> Notify FSA/Kansas City Commodity Office/Licensing Branch (FSA/KCCO/LB of the transfer. </P>
          <P>2. The warehouse operator must: </P>
          <P>a. Notify FSA/KCCO/LB, current Provider, and their Licensing Authority, if applicable, 60 days prior to the transfer date. Notification must include an exact date for the transfer. </P>
          <P>b. Send notification of the change to the holders of open electronic warehouse receipts and electronic USWA documents issued within the past 1 year 30 days prior to the transfer date. The notification must inform the holders that access to their electronic warehouse receipts and electronic USWA documents will not be available on the transfer date. The notification should also clearly state the last day the current Provider will be utilized, and the first day the new Provider will be effective. </P>
          <P>c. Pay all charges due the current Provider prior to the transfer of electronic warehouse receipts and electronic USWA documents to the new Provider. This includes the transfer charges. Failure to pay could delay the transfer of data files to the new Provider. </P>
          <P>3. The new Provider must: </P>
          <P>a. Perform necessary data conversions and make the electronic warehouse receipts and electronic USWA documents records available on their system and open access to all holders and authorized users not later than 7:00 a.m., the day after the transfer date. </P>
          <P>b. Notify the warehouse operator that the conversion is complete. </P>
          <P>c. Notify FSA/KCCO/LB that the conversion is complete. </P>
          <P>4. FSA/KCCO/LB will: </P>

          <P>a. Contact the current Provider and new Provider to determine if the requested transfer date is acceptable. If the requested transfer date is not <PRTPAGE P="46339"/>acceptable to both Providers, negotiate an acceptable transfer date with both Providers and the warehouse operator. </P>
          <P>b. Determine the notification date (at least 30 days prior to the transfer date). </P>
          <P>5. FSA/KCCO/LB may accept a transfer date that is less than 60 days from the date of notification of change, if agreed to by FSA/KCCO/LB, both Providers and the warehouse operator. The 60 day requirement is to allow for proper notification to all holders of the electronic warehouse receipts and electronic USWA documents. </P>
          <P>B. A Provider may transfer electronic warehouse receipts and electronic USWA documents from its CFS to the CFS of another FSA approved Provider when the Provider has received written permission from FSA and has notified all users of the electronic warehouse receipts and electronic USWA documents being transferred, at least 30 days prior to the transfer. </P>
          <HD SOURCE="HD2">X. System Requirements </HD>
          <P>A. Transmission procedures for FSA used by the Provider shall be approved by FSA. </P>
          <P>B. FSA may deny or withdraw approval of this Agreement if it determines that the prospective Provider's software or hardware are not capable of fulfilling the requirements of this Agreement. </P>
          <P>C. Upon request by FSA all transmissions of data shall be secured and transmitted via telecommunications hardware and software according to the requirements described in the applicable Addendum for the electronic warehouse receipts and electronic USWA documents the Provider is authorized to maintain in the CFS. </P>
          <HD SOURCE="HD2">XI. Record Data Requirements </HD>
          <P>The Provider shall adhere to the requirements as described in the applicable Addendum for the electronic warehouse receipts and electronic USWA documents that they are authorized to maintain in the CFS. </P>
          <HD SOURCE="HD2">XII. Suspension or Termination </HD>
          <P>A. FSA may immediately suspend or terminate this Agreement for cause at any time if FSA determines the Provider is in default. </P>
          <P>B. Once suspended and before the Provider is reinstated, FSA may conduct an on-site examination and may assess a reinstatement fee. The reinstatement fee shall equal the annual fee provided for in Addendum No. 1. This reinstatement fee may be waived if it is determined that the Provider was not in default of the terms of this Agreement. </P>
          <P>C. Once this Agreement is terminated, all related electronic files and paper records shall be immediately surrendered to FSA. </P>
          <HD SOURCE="HD2">XIII. Effective Date, Renewal, Amendments, and Correspondence </HD>
          <P>A. This Agreement shall become effective upon the date signed by FSA. </P>
          <P>B. Unless terminated, this Agreement shall automatically renew for a period of one year, effective April 30, if the provisions of this Agreement, the applicable provisions of 7 CFR Part 735 and the applicable provisions of the USWA are complied with. The Agreement will automatically renew each April 30 thereafter under the same terms and conditions, unless amended. </P>
          <P>C. The Provider shall designate a contact person or alternate person as the person to be contacted by FSA regarding this Agreement. Notice required by this Agreement delivered to the address of the contact person or the person's alternate shall be notice to the Provider hereunder. </P>
          <P>D. FSA may amend this Agreement for any reason. If the Agreement is so amended, the Provider may refuse to accept such amendment and terminate this Agreement in accordance with paragraph E of this section. During the 60 day notice period the Provider will continue to operate under the terms of the Agreement in effect prior to the amendment. </P>
          <P>E. Either FSA or the Provider may terminate this Agreement without cause, provided the terminating party gives the other party written notice at least 60 days in advance. </P>
          <P>F. Unless otherwise notified, the Provider shall direct all contacts in connection with this Agreement to the FSA contact person:  Chief, Licensing Branch, Warehouse Licensing and Examination Division, Kansas City Commodity Office, P.O. Box 419205; Kansas City, Missouri; 64141-6205, Phone: 816-926-6474; Fax: 816-926-1774. </P>
          <EXTRACT>
            <FP SOURCE="FP-DASH">Provider: </FP>
            <FP SOURCE="FP-DASH">Signature: </FP>
            <FP SOURCE="FP-DASH">Title: </FP>
            <FP SOURCE="FP-DASH">Date: </FP>
            <FP SOURCE="FP-DASH">Director, Kansas City Commodity Office, FSA: </FP>
            <FP SOURCE="FP-DASH">Date: </FP>
          </EXTRACT>
          <HD SOURCE="HD1">Addendum No. 1: Fees </HD>
          <P>Schedule of fees charged Electronic Warehouse Receipt Providers for services rendered. </P>
          <HD SOURCE="HD2">United States Warehouse Act—Provider Schedule of Fees </HD>
          <P>The fees shown below shall remain effective from: </P>
          <P>May 1,__ through April 30,__. </P>
          <P>Application Fee: $9,000.00. </P>
          <P>Annual Renewal Fee: $9,000.00. </P>
          <HD SOURCE="HD1">Exhibit D—Draft </HD>
          <HD SOURCE="HD1">Farm Service Agency </HD>
          <HD SOURCE="HD1">Addendum to the Provider Agreement to Electronically File and Maintain Cotton Warehouse Receipts </HD>
          <DEPDOC>[WA-141-1; 0560-120] </DEPDOC>
          <P>This Addendum between_____(hereafter “Provider”) and the Farm Service Agency (hereafter “FSA”) authorizes the Provider to establish and maintain a database and system for the purpose of electronically filing cotton electronic warehouse receipts issued under the United States Warehouse Act (hereafter “USWA”) in a central data filing system (hereafter “central filing system” or “CFS”) and permits the Provider to accept the filing of electronic warehouse receipts from other than USWA licensed warehouse operators in such electronic data filing system. Such electronically filed warehouse receipts for cotton are hereafter referred to herein as “electronic warehouse receipts (EWRs).” </P>
          <P>This Addendum sets forth the Provider's minimum requirements for EWR record formatting, reporting requirements and the protocols to be used in the transmission of such information. </P>
          <HD SOURCE="HD2">I. Receipt Record Data Requirements </HD>
          <P>FSA, in administration of the USWA, the regulations found at 7 CFR Part 735, the Provider Agreement To Electronically File And Maintain Electronic Warehouse Receipts, and this Addendum, may at any time require the Provider to furnish information beyond the minimum requirements shown in this Addendum. </P>
          <HD SOURCE="HD3">A. Required Information </HD>
          <P>The Provider shall, at a minimum make the elements listed below available to every USWA and non-USWA licensed warehouse operator issuing EWRs in the CFS. The Provider shall ensure that all of these fields are completed by all warehouse operators. It is each individual warehouse operator's responsibility to supply the necessary data to complete each element. This Addendum does not restrict the number of fields that may be made available to warehouse operators. </P>
          
          <FP SOURCE="FP-1">USWA license number, if applicable <SU>1</SU>
            <FTREF/>
          </FP>
          <FTNT>
            <P>
              <SU>1</SU> Enter Federal license number, if not licensed, zero fill field.</P>
          </FTNT>
          <FP SOURCE="FP-1">Receipt number </FP>
          <FP SOURCE="FP-1">Bale Tag number </FP>
          <FP SOURCE="FP-1">Issuance date </FP>
          <FP SOURCE="FP-1">Receipt status </FP>
          
          <PRTPAGE P="46340"/>
          <FP SOURCE="FP-1">The words “Not Negotiable”, or “Negotiable” according to the nature of the receipt </FP>
          <FP SOURCE="FP-1">Cancellation date </FP>
          <FP SOURCE="FP-1">Name of warehouse </FP>
          <FP SOURCE="FP-1">Location of warehouse (City) </FP>
          <FP SOURCE="FP-1">Location of warehouse (State) </FP>
          <FP SOURCE="FP-1">Warehouse operator </FP>
          <FP SOURCE="FP-1">Location receipt issued (City) </FP>
          <FP SOURCE="FP-1">Location receipt issued (State) </FP>
          <FP SOURCE="FP-1">Received from </FP>
          <FP SOURCE="FP-1">Lot identification tag (multiple bale receipts) </FP>
          <FP SOURCE="FP-1">Cotton graded statement </FP>
          <FP SOURCE="FP-1">State—“Not graded at request of the depositor” or—Color grade = “C-25” (4 character), fiber length = “F-45” (4 character), micronaire = “M-3.5” (5 character), strength = “S-38.1” (6 character), leaf grade = “L-4” (3 character), and extraneous matter = “E-47” (4 character). </FP>
          <FP SOURCE="FP-1">Net weight </FP>
          <FP SOURCE="FP-1">Number of bales (multiple bale receipts) </FP>
          <FP SOURCE="FP-1">Terms and conditions (These terms and conditions that apply to each EWR must be furnished by the individual warehouse operators issuing the EWRs. Refer to Exhibit I, for USWA licensed warehouse operators) </FP>
          <FP SOURCE="FP-1">Name of person authorized to sign warehouse receipt. </FP>
          <HD SOURCE="HD3">B. Additional Information </HD>
          <P>The Provider shall, at a minimum make the elements listed below available to every USWA and non-USWA licensed warehouse operator issuing EWRs in the CFS. The Provider shall ensure that all of these fields are completed by all warehouse operators. It is each individual warehouse operator's responsibility to supply the necessary data to complete each element. This addendum does not restrict the number of fields that may be made available to warehouse operators. FSA may allow a user of the Provider's system to modify the elements listed below without being the holder of the EWR. The Provider shall notify the current holder of the EWR of any changes. </P>
          
          <FP SOURCE="FP-1">Holder </FP>
          <FP SOURCE="FP-1">Warehouse Code </FP>
          <FP SOURCE="FP-1">Receipt Type (single bale or multiple bale) </FP>
          <FP SOURCE="FP-1">Paper receipt number (if applicable) </FP>
          <FP SOURCE="FP-1">Compression status </FP>
          <FP SOURCE="FP-1">Compression Paid or Unpaid </FP>
          <FP SOURCE="FP-1">Receiving Charges Paid or Due <SU>2</SU>
            <FTREF/>
          </FP>
          <FTNT>
            <P>
              <SU>2</SU> These fields may be modified by the warehouse operator without being the holder.</P>
          </FTNT>
          <FP SOURCE="FP-1">Rail or Truck </FP>
          <FP SOURCE="FP-1">Gin Code <SU>3</SU>
            <FTREF/>
          </FP>
          <FTNT>
            <P>
              <SU>3</SU> <E T="04">Note:</E> In case of reconcentrated cotton the gin code and gin tag can be the previous storing warehouse code and receipt number.</P>
          </FTNT>
          <FP SOURCE="FP-1">Gin Tag <SU>3</SU>
          </FP>
          <FP SOURCE="FP-1">License Type, US if Federally Licensed, NL if not licensed or the two letter Postal abbreviation if State Licensed, will precede or follow the warehouse receipt number </FP>
          <FP SOURCE="FP-1">Commodity Credit Corporation (CCC) Agreement (Y or N) </FP>
          <FP SOURCE="FP-1">Location of bale <SU>2</SU>
          </FP>
          <FP SOURCE="FP-1">Gross and Tare weight </FP>
          <HD SOURCE="HD3">C. Converting Electronic to Paper </HD>
          <P>When converting from an electronic to a paper warehouse receipt, the Provider shall advise the warehouse operator to print on the face of the paper warehouse receipt the EWR number. </P>
          <HD SOURCE="HD2">II. Transmission of Data </HD>
          <P>Upon request by FSA all transmissions of data shall be secured and transmitted via telecommunications hardware and software according to the requirements described in Attachment I Provider Specifications for interfacing with Warehouse Examiners' Communications Software (WECS) for cotton. </P>
          <EXTRACT>
            <FP SOURCE="FP-DASH">Provider: </FP>
            <FP SOURCE="FP-DASH">Signature: </FP>
            <FP SOURCE="FP-DASH">Title: </FP>
            <FP SOURCE="FP-DASH">Date: </FP>
            <FP SOURCE="FP-DASH">Director, Kansas City Commodity Office, FSA: </FP>
            <FP SOURCE="FP-DASH">Date: </FP>
          </EXTRACT>
          <HD SOURCE="HD1">Exhibit D-1 </HD>
          <HD SOURCE="HD1">Terms and Conditions For USWA Licensed Warehouse Operators </HD>
          <P>The following information must be recorded on all EWR's. </P>
          <P>The statements:</P>
          
          <FP SOURCE="FP-1">Incorporated or Unincorporated and if incorporated, under what laws. </FP>
          <FP SOURCE="FP-1">Insured or Not Insured and if insured, to what extent, by the warehouse operator against loss by fire, lighting and other risks. </FP>
          <FP SOURCE="FP-1">Weight was determined by a weigher licensed under the USWA or not weighed at the request of the depositor. </FP>
          <FP SOURCE="FP-1">In the event the relationship existing between the warehouse operator and any depositor is not that of strictly disinterested custodianship, a statement setting forth the actual relationship. </FP>
          <HD SOURCE="HD1">Exhibit E—Draft</HD>
          <HD SOURCE="HD1">Farm Service Agency</HD>
          <HD SOURCE="HD1">Addendum to the Provider Agreement to Electronically File and Maintain Grain Warehouse Receipts</HD>
          <DEPDOC>[WA-141-2; 0560-0120]</DEPDOC>
          <P>This Addendum between _____ (hereafter “Provider”) and the Farm Service Agency (hereafter “FSA”) authorizes the Provider to establish and maintain a database and system for the purpose of electronically filing grain warehouse receipts issued under the United States Warehouse Act (hereafter “USWA”) in a central data filing system (hereafter “central filing system” or “CFS”) and permits the Provider to accept the filing of electronic warehouse receipts from other than USWA licensed warehouse operators in such electronic data filing system. Such electronically filed warehouse receipts for grain are hereafter referred to herein as “electronic warehouse receipts(EWRs).” </P>
          <P>Grain is defined as all products commonly classed as grain such as wheat, corn, oats, barley, rye, flaxseed, rough, brown, and milled rice, sunflower seeds, field peas, soybeans, emmer, sorghum, safflower seed, triticale, millet and such other products as are ordinarily stored in grain warehouses, subject to the disapproval of the FSA. </P>
          <P>This Addendum sets forth the Provider's minimum requirements for EWR record formatting, reporting requirements and the protocols to be used in the transmission of such information. </P>
          <HD SOURCE="HD2">I. Receipt Record Data Requirements </HD>
          <P>FSA, in administration of the USWA, the regulations found at 7 CFR Part 735, the Provider Agreement To Electronically File and Maintain Warehouse Receipts and this Addendum, may at any time require the Provider to furnish information beyond the minimum requirements shown in this Addendum. </P>
          <HD SOURCE="HD3">A. Required Information </HD>
          <P>The Provider shall, at a minimum, make the elements listed below available to every USWA and non-USWA licensed warehouse operator issuing EWRs in the CFS. The Provider shall ensure that all of these fields are completed by all warehouse operators. It is each individual warehouse operator's responsibility to supply the necessary data to complete each element. This Addendum does not restrict the number of fields that may be made available to warehouse operators.</P>
          
          <FP SOURCE="FP-1">USWA license number, if applicable <SU>1</SU>
            <FTREF/>
          </FP>
          <FTNT>
            <P>
              <SU>1</SU> Enter Federal license number, if not licensed, zero fill field.</P>
          </FTNT>
          <FP SOURCE="FP-1">Receipt number </FP>
          <FP SOURCE="FP-1">Issuance date </FP>
          <FP SOURCE="FP-1">Receipt status</FP>
          
          <FP SOURCE="FP-1">The words “Not Negotiable” or “Negotiable” according to the nature of the receipt </FP>
          <FP SOURCE="FP-1">Cancellation date </FP>
          <FP SOURCE="FP-1">Name of warehouse </FP>
          <FP SOURCE="FP-1">Location of warehouse (City) <PRTPAGE P="46341"/>
          </FP>
          <FP SOURCE="FP-1">Location of warehouse (State) </FP>
          <FP SOURCE="FP-1">Warehouse operator </FP>
          <FP SOURCE="FP-1">Location receipt issued (City) </FP>
          <FP SOURCE="FP-1">Location receipt issued (State) </FP>
          <FP SOURCE="FP-1">Received from </FP>
          <FP SOURCE="FP-1">Net weight </FP>
          <FP SOURCE="FP-1">Dockage (if any) </FP>
          <FP SOURCE="FP-1">Grade </FP>
          <FP SOURCE="FP-1">Commodity </FP>
          <FP SOURCE="FP-1">Name of person authorized to sign warehouse receipt </FP>
          <FP SOURCE="FP-1">Terms and conditions (These terms and conditions that apply to each EWR must be furnished by the individual warehouse operators issuing the EWRs. Refer to Exhibit I for USWA licensed warehouse operators). </FP>
          <HD SOURCE="HD3">B. Additional Information </HD>
          <P>The Provider shall, at a minimum, make the elements listed below available to every USWA and non-USWA licensed warehouse operator issuing EWRs in the CFS. The Provider shall ensure that all of these fields are completed by all warehouse operators. It is each individual warehouse operator's responsibility to supply the necessary data to complete each element. This Addendum does not restrict the number of fields that may be made available to warehouse operators. FSA may allow a user of the Provider's system to modify the elements listed below without being the holder of the EWR. The Provider shall notify the current holder of the EWR of any changes.</P>
          
          <FP SOURCE="FP-1">Holder </FP>
          <FP SOURCE="FP-1">Warehouse Code </FP>
          <FP SOURCE="FP-1">Paper receipt number (if applicable) </FP>
          <FP SOURCE="FP-1">License Type, US if Federally Licensed, NL if not licensed or the two letter Postal abbreviation if State Licensed, will precede or follow the warehouse receipt number </FP>
          <FP SOURCE="FP-1">Date to which storage has been paid or storage start date <SU>2</SU>
            <FTREF/>
          </FP>
          <FTNT>
            <P>
              <SU>2</SU> This field may be modified by the warehouse operator without being the holder. </P>
          </FTNT>
          <FP SOURCE="FP-1">Received by Truck, Rail or Barge </FP>
          <FP SOURCE="FP-1">Amount per unit of measure of prepaid in or out charges </FP>
          <FP SOURCE="FP-1">Commodity Credit Corporation (CCC) Agreement (Y or N) </FP>
          <HD SOURCE="HD3">C. Converting Electronic To Paper </HD>
          <P>When converting from an electronic to a paper warehouse receipt, the Provider shall advise the warehouse operator to print on the face of the paper warehouse receipt the EWR number. </P>
          <HD SOURCE="HD2">II. Transmission of Data </HD>
          <P>Upon request by FSA, all transmissions of data shall be secured and transmitted via telecommunications hardware and software according to the requirements described in Attachment I Provider Specifications for interfacing with Warehouse Examiners' Communications Software (WECS) for grain.</P>
          <EXTRACT>
            <FP SOURCE="FP-DASH">Provider:</FP>
            <FP SOURCE="FP-DASH">Signature:</FP>
            <FP SOURCE="FP-DASH">Title:</FP>
            <FP SOURCE="FP-DASH">Date:</FP>
            <FP SOURCE="FP-DASH">Director, Kansas City Commodity Office, FSA:</FP>
            <FP SOURCE="FP-DASH">Date:</FP>
          </EXTRACT>
          <HD SOURCE="HD1">Exhibit E-1 </HD>
          <HD SOURCE="HD1">Terms and Conditions For USWA Licensed Warehouse Operators </HD>
          <P>The following information must be recorded on all EWR's. </P>
          <P>The statements:</P>
          
          <FP SOURCE="FP-1">Incorporated or Unincorporated and if incorporated, under what laws. </FP>
          <FP SOURCE="FP-1">Insured or Not Insured and if insured, to what extent, by the warehouse operator against loss by fire, lighting and other risks. </FP>
          <FP SOURCE="FP-1">Weight was determined by a weigher licensed under the USWA or not weighed at the request of the depositor. </FP>
          <FP SOURCE="FP-1">In the event the relationship existing between the warehouseman and any depositor is not that of strictly disinterested custodianship, a statement setting forth the actual relationship. </FP>
          <HD SOURCE="HD1">Exhibit E-2 Draft</HD>
          <HD SOURCE="HD1">Farm Service Agency </HD>
          <HD SOURCE="HD1">Addendum to the Provider Agreement to Electronically File and Maintain United States Warehouse Act Grain Inspection and/or Weight Certificates</HD>
          <DEPDOC>[WA-141-3; 0560-0120]</DEPDOC>
          <P>This Addendum between _____ (hereafter “Provider”) and the Farm Service Agency (hereafter “FSA”) authorizes the Provider to establish and maintain a database and system for the purpose of electronically filing inspection and weight certificates issued under the United States Warehouse Act (hereafter “USWA”) in a central data filing system (hereafter “central filing system” or “CFS”). Such electronically filed certificates are hereafter referred to herein as “electronic inspection and/or weight certificates (EIWCs).” </P>
          <P>This Addendum sets forth the Provider's minimum requirements for EIWC record formatting, reporting requirements, and the protocols to be used in the transmission of such information. </P>
          <HD SOURCE="HD2">I. Document Record Data Requirements </HD>
          <P>FSA, in administration of the USWA, the regulations found at 7 CFR part 735, the Provider Agreement To Electronically File And Maintain United States Department of Agriculture Documents and this Addendum, may at any time require the Provider to furnish information beyond the minimum requirements shown in this Addendum. </P>
          <HD SOURCE="HD3">A. Required Information </HD>
          <P>The Provider shall, at a minimum make the elements listed below available to every USWA warehouse operator issuing EIWCs in the CFS. The Provider shall ensure that all of these fields are completed by all warehouse operator's. It is each individual warehouse operator's responsibility to supply the necessary data to complete each element. This Addendum does not restrict the number of fields that may be made available to warehouse operators.</P>
          
          <FP SOURCE="FP-1">License number </FP>
          <FP SOURCE="FP-1">Certificate number</FP>
          
          <FP SOURCE="FP-1">Issuance date </FP>
          <FP SOURCE="FP-1">Name of warehouse </FP>
          <FP SOURCE="FP-1">Location of warehouse (City) </FP>
          <FP SOURCE="FP-1">Location of warehouse (State) </FP>
          <FP SOURCE="FP-1">Type of certificate (Inspection, Weight or Both) </FP>
          <FP SOURCE="FP-1">In or Out of warehouse certificate </FP>
          <FP SOURCE="FP-1">Kind of grain </FP>
          <FP SOURCE="FP-1">Grade </FP>
          <FP SOURCE="FP-1">Net weight, including dockage, (Weight or combination certificate) </FP>
          <FP SOURCE="FP-1">Approximate quantity of commodity (if not a weight or combination certificate) </FP>
          <FP SOURCE="FP-1">Name of person authorized to sign certificate </FP>
          <FP SOURCE="FP-1">Terms and conditions (These terms and conditions that apply to each EIWC must be furnished by the individual warehouse operator issuing the EIWCs. Refer to Exhibit I for required statements). </FP>
          <HD SOURCE="HD3">B. Additional Information </HD>
          <P>The Provider shall, at a minimum make the elements listed below available to every USWA warehouse operator issuing EIWCs in the CFS. The Provider shall ensure that all of these fields are completed by all warehouse operator's. It is each individual warehouse operator's responsibility to supply the necessary data to complete each element. This Addendum does not restrict the number of fields that may be made available to warehouse operators. FSA may allow a user of the Providers system to modify the elements listed below without being the holder of the certificate. The Provider shall notify the current holder of the certificate of any changes.</P>
          
          <FP SOURCE="FP-1">Holder </FP>
          <FP SOURCE="FP-1">Warehouse Code </FP>
          <FP SOURCE="FP-1">Paper certificate number (if applicable) </FP>

          <FP SOURCE="FP-1">License Type, U.S. if Federally Licensed, NL if not licensed or the <PRTPAGE P="46342"/>two letter Postal abbreviation if State Licensed, will precede or follow the certificate number.</FP>
          <HD SOURCE="HD3">C. Converting Electronic to Paper </HD>
          <P>When converting from an electronic to a paper certificate, the Provider shall advise the warehouse operator to print on the face of the paper certificate the EIWC number. </P>
          <HD SOURCE="HD2">II. Transmission of Data </HD>
          <P>Upon request by FSA, all transmissions of data shall be secured and transmitted via telecommunications hardware and software according to the requirements described in Attachment I Provider Specifications for interfacing with Warehouse Examiners' Communications Software (WECS) for inspection and/or weight certificates.</P>
          
          <EXTRACT>
            <FP SOURCE="FP-DASH">Provider:</FP>
            <FP SOURCE="FP-DASH">Signature: </FP>
            <FP SOURCE="FP-DASH">Title:</FP>
            <FP SOURCE="FP-DASH">Date:</FP>
            <FP SOURCE="FP-DASH">Director, Kansas City Commodity Office, FSA:</FP>
            <FP SOURCE="FP-DASH">Date:</FP>
          </EXTRACT>
          <HD SOURCE="HD1">Exhibit E-3 </HD>
          <HD SOURCE="HD1">Exhibit I </HD>
          <HD SOURCE="HD1">Terms and Conditions for USWA Licensed Warehouse Operators </HD>
          <P>The following information must be shown on all EIWCs. </P>
          <P>The statements:</P>
          
          <FP SOURCE="FP-1">“United States Warehouse Act, Grain Inspection and/or Weight Certificate”</FP>
          <FP SOURCE="FP-1">“Certificate issued by an inspector/weigher licensed under the United States Warehouse Act” </FP>
          <FP SOURCE="FP-1">“Not valid for the purpose of the United States Grain Standards Act”</FP>
          <HD SOURCE="HD1">Exhibit F—Draft</HD>
          <HD SOURCE="HD1">Farm Service Agency </HD>
          <HD SOURCE="HD1">Provider Agreement To Electronically File And Maintain Other Electronic Documents </HD>
          <DEPDOC>[WA-142; 0560-0120] </DEPDOC>
          <P>This Provider Agreement (Agreement) between_____(Provider) and the Farm Service Agency (FSA) authorizes the Provider to establish and maintain a database and system for the purpose of electronically utilizing documents related to the shipment, payment, and financing of the sale of agricultural products in a central filing system (central filing system or CFS) as authorized by the United States Warehouse Act (USWA). This Agreement will become effective upon execution by FSA and shall remain in effect until terminated as provided for in section III of the Agreement. </P>
          <P>For the purposes of this Agreement: </P>
          <P>Electronic documents are documents which are generated, sent, received, or stored by electronic, optical, or similar means, including electronic data exchange, electronic mail, telegram, telex or telecopy. Such documents include but are not limited to: sales contracts; bills of lading; insurance certificates; grading and classing documents; and letters of credit. Once a negotiable electronic document is issued under this Agreement, no duplicate document in any other form may be transferred by any person with respect to the same agricultural product (or any portion of the same agricultural product). </P>
          <P>If a non-negotiable document in a non-electronic format is presented to the Provider for transmission in their CFS, the Provider may generate an electronic version of such document but must maintain custody of the original non-negotiable document except as is authorized by FSA. </P>
          <P>Agricultural products are those commodities and products of such commodities listed in Appendix I. Items that consist of an agricultural product and a non-agricultural product will be considered to be an agricultural product if the non-agricultural component is less than 50 percent of the weight or volume of the item (excluding added water) </P>
          <HD SOURCE="HD2">I. Terms and Conditions </HD>
          <P>A. The regulations at 7 CFR Part 735 are incorporated by reference including any amendments to such regulations which are made after execution of the Agreement. </P>
          <P>B. The CFS shall be designed in a manner that allows parties to transfer and, if necessary to complete a transaction, generate a document for use by another party with respect to the shipment, payment or financing of a sale with respect to an agricultural commodity. </P>
          <P>C. The Provider will operate a CFS in a manner that does not favor the interests of any party over those of another party or which creates the appearance of operation in a manner that is biased in favor of any other party. The Provider will make the CFS operative and accessible to users and FSA for a period of not less than 18 hours per day Monday through Friday and not less than 12 hours per day on Saturday and Sunday. The Provider will offer a continuous period of access to the CFS during the hours of 7:00 AM to 6:00 PM for the local time zone where the CFS is located. Routine maintenance shall be performed without disruption of services. If, for extraordinary maintenance or for reasons beyond the Provider's control, the Provider cannot furnish such access to the CFS the Provider shall furnish notice to FSA as follows: </P>
          <P>1. For extraordinary maintenance, advance written notice setting forth the reasons and expected duration of the maintenance shall be provided 5 calendar days before the beginning of such maintenance; and </P>
          <P>2. If unforeseen circumstances cause the CFS to be inaccessible during operating hours for more than a 1 hour period, the Provider will immediately notify FSA of the access problems. </P>
          <P>D. The Provider will give FSA unrestricted access, without cost to FSA, to: the CFS; all related and backup files; and off-site records. Such access includes access to the location where such systems, records and data are maintained. The Provider will provide to FSA information which FSA has requested in the form, either printed or electronic or both, as requested by FSA. </P>
          <P>E. The Provider will pay to FSA fees as set forth in Appendix II by the dates specified in such Appendix. These fees may be changed annually and any changes will be provided as an amendment to Appendix II by April 1st of each year and will become effective May 1st of each year. </P>
          <P>F. Any fee charged a user by the Provider must be filed with FSA and must be approved by FSA. The Provider will make available at no charge a schedule of its fees to potential users. Fees assessed to users of the CFS must be levied in a non-discriminatory manner. The Provider may deny a user access to the CFS if the user has not made payment to the Provider for fees which are more than 60 days overdue. </P>
          <P>G. The Provider will maintain a financial net worth of at least $10 million and will maintain financial records for review by FSA for the purposes of verifying net worth of the Provider. </P>
          <P>H. The Provider will furnish insurance coverage payable to users of the CFS as provided in 7 CFR Part 735. Deductible provisions for each policy may not exceed $10,000. Each policy must provide that coverage under the policy remains in effect until 30 days after written notification is made by FSA to the insurer that the Provider is terminating the policy. </P>
          <P>I. The Provider will be strictly liable for costs incurred by FSA as a result of action taken by FSA in the event of a failure of the CFS or in the event of lost, damaged, or improperly destroyed electronic documents. </P>

          <P>J. The Provider will maintain a log of all activity undertaken in the CFS that is capable of producing an audit trail of transactions. The log and accompanying <PRTPAGE P="46343"/>set of records must be sufficient to allow for a reconstruction of the files, activities, and events pertaining to each electronic document that is: issued; canceled; converted to paper; converted from paper; transferred; or changed in anyway. The log and records maintained for this reconstruction shall be kept in secure storage for a period of 6 years after the electronic document was issued. The log must contain: a “before” and “after” field; the date of change; the time of the change; the identity of the user making the change; and details of attempts to make unauthorized changes or access to electronic document data. Daily, the Provider will create two complete sets of disaster recovery records. These records shall be kept in a fireproof chamber and retained until a new set of disaster recovery records are created and stored. One set of the disaster recovery records shall be kept off-site. The Provider will notify FSA immediately if any data related to an electronic document has been lost due to a CFS malfunction and will furnish a written explanation of the events which occurred and any other documentation as requested by FSA. </P>
          <P>K. The Provider shall ensure on-site security of the computer hardware, software, and data. Security shall be designed to prevent the destruction of facilities and data and the unauthorized distribution of electronic document information. Unless authorized by FSA, the data may only be given to a party who has the right to access it. The Provider will maintain a comprehensive disaster recovery procedure approved by FSA of all computerized and non-computerized functions and data. At a location that is not related to the CFS, the Provider will perform a comprehensive test of the disaster recovery plan twice a year and report the results of those tests to FSA. After reviewing the results of such a test, FSA may require alternative or additional security requirements if FSA determines that the security procedures of the Provider are insufficient to protect users of the system. </P>
          <P>L. The Provider will furnish reports as requested by FSA to ensure compliance with this Agreement and the USWA. </P>
          <P>M. Each Provider shall maintain complete, accurate, and current financial records. The Provider must submit to FSA an annual audit level financial statement. This audit shall encompass the Provider's fiscal year and shall be submitted to FSA no later than four calendar months following the end of the Provider's fiscal year. </P>
          <P>N. The Provider must submit to FSA an electronic data processing audit that encompasses the Provider's fiscal year and must be submitted to the FSA no later than four calendar months following the end of the Provider's fiscal year. The audit must evidence current computer operations, security, disaster recovery capabilities of the system, and other related systems. </P>
          <HD SOURCE="HD2">II. System Requirements </HD>
          <P>A. Before the Provider allows a user access to its CFS, FSA must have approved a written submission received from the Provider that sets forth in detail the manner in which the CFS will operate. The CFS must be operated in a manner that allows inter-action with FSA data bases and the CFS of another entity approved by FSA as a provider under 7 CFR Part 735. </P>
          <P>B. Upon request by FSA, all transmissions of data shall be secured and transmitted by using hardware and software approved by FSA. </P>
          <HD SOURCE="HD2">III. Suspension or Termination </HD>
          <P>A. The Provider or FSA may terminate this Agreement by providing the other party written notification 60 days prior to the effective date of the termination. During this 60 day period, prior to allowing a user to use the CFS, the Provider will notify the user of the date this Agreement will terminate. </P>
          <P>B. FSA may immediately suspend or terminate this Agreement for cause at any time if FSA determines the Provider has failed to comply with any provision of the USWA, the regulations at 7 CFR Part 735 or this Agreement. If this Agreement is suspended, FSA will provide the Provider a written statement of the basis of the suspension. Upon completion of the action necessary to conform to the provisions of the USWA, the regulations at 7 CFR Part 735 or this Agreement, the Provider may request reinstatement of the Agreement. As a condition of reinstatement, FSA may conduct an on-site examination and may assess a reinstatement fee. The reinstatement fee shall not exceed the annual fee provided for in Appendix II and may be waived if it is determined that the Provider was not in material violation of such provisions. </P>
          <P>C. Once this Agreement is terminated, all related electronic files and paper records shall be immediately surrendered to FSA. </P>
          <P>D. If the Agreement is to be terminated by the Provider, FSA will perform a final audit of the CFS or advise the Provider in writing that such an audit is waived. </P>
          <HD SOURCE="HD2">IV. Amendment to this Agreement </HD>
          <P>FSA may amend this Agreement for any reason. If the Agreement is to be amended, the Provider may refuse to accept such amendment and terminate this Agreement in accordance with section III. </P>
          <HD SOURCE="HD2">V. Contact Persons </HD>
          <P>A. The Provider shall designate a contact person or alternate person as the person to be contacted by FSA regarding performance of this Agreement. Notice required by this Agreement delivered to the address of the contact person or the person's alternate shall be notice to the Provider. </P>
          <P>B. Unless specified in writing by FSA, the Provider shall direct all inquiries regarding performance of this Agreement to: Chief, Licensing Branch, Warehouse Licensing and Examination Division, Kansas City Commodity Office, P.O. Box 419205, Kansas City, MO 64141-6205; Phone: 816-926-6474; Fax: 816-926-1774.</P>
          
          <EXTRACT>
            <FP SOURCE="FP-DASH">Provider: </FP>
            <FP SOURCE="FP-DASH"> Signature:</FP>
            <FP SOURCE="FP-DASH"> Title:</FP>
            <FP SOURCE="FP-DASH"> Date:</FP>
            <FP SOURCE="FP-DASH"> On behalf of FSA:</FP>
            <FP SOURCE="FP-DASH"> Date: </FP>
          </EXTRACT>
          <HD SOURCE="HD1">Appendix I </HD>
          <P>Agricultural Products covered under this agreement include but are not limited to:</P>
          
          <FP SOURCE="FP-1">Beans, Berry's, Coffee, Cotton, Dairy Products, Fish/Shellfish, Flowers, Fruits, Grain, Grass, Greens, Gourds, Herbs, Hides/Skins, Horticulture, Livestock, Meat, Melons, Nuts, Oilseeds, Poultry, Sweeteners, Vegetables, Wool, Wood Products. </FP>
          <HD SOURCE="HD1">Addendum No. 1: Fees </HD>
          <P>Schedule of fees charged Providers of Other Electronic Documents for services rendered. </P>
          <HD SOURCE="HD2">United States Warehouse Act—Provider Schedule of Fees </HD>
          <P>The fees shown below shall remain effective from: </P>
          <P>May 1,__through April 30,__. </P>
          <P>Application Fee: $9,000.00. </P>
          <P>Annual Renewal Fee: $9,000.00.</P>
          
        </SUPLINF>
        <FRDOC>[FR Doc. 01-21852 Filed 8-31-01; 8:45 am] </FRDOC>
        <BILCOD>BILLING CODE 3410-05-P </BILCOD>
      </PRORULE>
    </PRORULES>
  </NEWPART>
  <VOL>66 </VOL>
  <NO>171 </NO>
  <DATE>Tuesday, September 4, 2001 </DATE>
  <UNITNAME>Rules and Regulations </UNITNAME>
  <NEWPART>
    <PTITLE>
      <PRTPAGE P="46345"/>
      <PARTNO>Part III</PARTNO>
      <AGENCY TYPE="P">Department of the Interior </AGENCY>
      <SUBAGY>Fish and Wildlife </SUBAGY>
      <HRULE/>
      <CFR>50 CFR Part 32 </CFR>
      <TITLE>2001-2002 Refuge-Specific Hunting and Sport Fishing Regulations; Final Rule</TITLE>
    </PTITLE>
    <RULES>
      <RULE>
        <PREAMB>
          <PRTPAGE P="46346"/>
          <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR </AGENCY>
          <CFR>50 CFR Part 32 </CFR>
          <RIN>RIN 1018-AG58 </RIN>
          <SUBJECT>Fish and Wildlife Service </SUBJECT>
          <TITLE>2001-2002 Refuge-Specific Hunting and Sport Fishing Regulations </TITLE>
          <AGY>
            <HD SOURCE="HED">AGENCY:</HD>
            <P>Fish and Wildlife Service, Interior. </P>
          </AGY>
          <ACT>
            <HD SOURCE="HED">ACTION:</HD>
            <P>Final rule. </P>
          </ACT>
          <SUM>
            <HD SOURCE="HED">SUMMARY:</HD>
            <P>The Fish and Wildlife Service (we or the Service) adds seven national wildlife refuges (refuges) to the list of areas open for hunting and/or sport fishing, along with pertinent refuge-specific regulations for such activities; and amend certain regulations on other refuges that pertain to migratory game bird hunting, upland game hunting, big game hunting, and sport fishing for 2001-2002. </P>
          </SUM>
          <EFFDATE>
            <HD SOURCE="HED">DATES:</HD>
            <P>This rule is effective September 4, 2001. </P>
          </EFFDATE>
          <FURINF>
            <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
            <P>Leslie A. Marler, (703) 358-2397; Fax (703) 358-2248. </P>
          </FURINF>
        </PREAMB>
        <SUPLINF>
          <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
          <P>The National Wildlife Refuge System Administration Act of 1966 (NWRSAA) closes national wildlife refuges to all uses until opened. The Secretary of the Interior (Secretary) may open refuge areas to any use, including hunting and/or fishing, upon a determination that such uses are compatible with the purposes of the refuge. The action also must be in accordance with provisions of all laws applicable to the areas, must be developed in coordination with the appropriate State wildlife agency(ies), must be consistent with the principles of sound fish and wildlife management and administration, and must be otherwise in the public interest. These requirements ensure that we maintain the biological integrity, diversity, and environmental health of the National Wildlife Refuge System (System) for the benefit of present and future generations of Americans. </P>
          <P>We review refuge hunting and fishing programs annually to determine whether to include additional refuges or whether individual refuge regulations governing existing programs need modifications, deletions, or additions made to them. Changing environmental conditions, State and Federal regulations, and other factors affecting fish and wildlife populations and habitat may warrant modifications to refuge-specific regulations to ensure the continued compatibility of hunting and fishing programs and that these programs will not materially interfere with or detract from the fulfillment of the System's mission or the purposes of the refuge. </P>
          <P>You may find provisions governing hunting and fishing on national wildlife refuges in Title 50 of the Code of Federal Regulations in part 32. We regulate hunting and fishing on refuges to: </P>
          <P>• Ensure compatibility with the purpose(s) of the refuge; </P>
          <P>• Properly manage the fish and wildlife resource; </P>
          <P>• Protect other refuge values; </P>
          <P>• Ensure refuge visitor safety; and </P>
          <P>• Provide opportunities for high-quality recreational and educational experiences. </P>
          <P>On many refuges where we decide to allow hunting and fishing, our general policy of adopting regulations identical to State hunting and fishing regulations is adequate in meeting these objectives. On other refuges, we must supplement State regulations with more restrictive Federal regulations to ensure that we meet our management responsibilities, as outlined under the section entitled “Statutory Authority.” We issue refuge-specific hunting and sport fishing regulations when we open wildlife refuges to either migratory game bird hunting, upland game hunting, big game hunting, or sport fishing. These regulations list the wildlife species that you may hunt or those species subject to sport fishing, seasons, bag limits, methods of hunting or fishing, descriptions of open areas, and other provisions as appropriate. You may find previously issued refuge-specific regulations for hunting and fishing in 50 CFR part 32. In this rulemaking, we are promulgating many of the amendments to these sections to standardize and clarify the existing language of these regulations. </P>
          <P>Some refuges make seasonal information available in brochures or leaflets, which we provide for in 50 CFR 25.31, to supplement these refuge-specific regulations. </P>
          <HD SOURCE="HD1">Plain Language Mandate </HD>
          <P>In this rule some of the revisions to the individual refuge units are to comply with a Presidential mandate to use plain language in regulations and do not modify the substance of the previous regulations. These types of changes include using “you”to refer to the reader and “we” to refer to the Service and using the word “allow” instead of “permit” when we do not require the use of a permit for an activity. </P>
          <HD SOURCE="HD1">Statutory Authority </HD>
          <P>The National Wildlife Refuge System Administration Act (NWRSAA) of 1966 (16 U.S.C. 668dd-668ee, as amended), and the Refuge Recreation Act (RRA) of 1962 (16 U.S.C. 460k-460k-4) govern the administration and public use of national wildlife refuges. </P>
          <P>Amendments enacted by the National Wildlife Refuge System Improvement Act (NWRSIA) of 1997 amend and build upon the NWRSAA in a manner that provides an improved “Organic Act” for the System similar to those that exist for other public lands. The NWRSIA serves to ensure that we effectively manage the System as a national network of lands, waters, and interests for the protection and conservation of our Nation's wildlife resources. The NWRSAA states first and foremost that we focus the mission of the System on conservation of fish, wildlife, and plant resources and their habitats. The NWRSIA requires the Secretary, before initiating or allowing a new use of a refuge, or before expanding, renewing, or extending an existing use of a refuge, to determine that the use is compatible and promotes public safety. The NWRSIA establishes as the policy of the United States that wildlife-dependent recreation, when compatible, is a legitimate and appropriate public use of the System, through which the American public can develop an appreciation for fish and wildlife. The NWRSIA establishes six wildlife-dependent recreational uses, when compatible, as the priority general public uses of the System. Those priority uses are: hunting, fishing, wildlife observation and photography, and environmental education and interpretation. </P>
          <P>The RRA authorizes the Secretary to administer areas within the System for public recreation as an appropriate incidental or secondary use only to the extent that doing so is practicable and not inconsistent with the primary purpose(s) for which the area was established. This act requires that any recreational use of refuge lands be compatible with the primary purpose(s) for which we established the refuge and not inconsistent with other previously authorized operations. </P>
          <P>The NWRSAA and the RRA also authorize the Secretary to issue regulations to carry out the purposes of the acts and regulate uses. </P>

          <P>We develop hunting and/or sport fishing plans for each refuge prior to opening it to hunting or fishing. In many cases, we develop refuge-specific regulations to ensure the compatibility of the programs with the purpose(s) for which we established the refuge. We <PRTPAGE P="46347"/>have ensured initial compliance with the NWRSAA and the RRA for hunting and sport fishing on newly acquired refuges through an interim determination of compatibility made at or near the time of acquisition. This policy ensures that we make the determinations required by these acts prior to adding refuges to the lists of areas open to hunting and fishing in 50 CFR part 32. We ensure continued compliance by the development of Comprehensive Conservation Plans, long-term hunting and sport fishing plans, and by annual review of hunting and sport fishing programs and regulations. </P>
          <P>In preparation for new openings, we include the following documents in the refuges' “opening package:” (1) Step-down hunting and/or fishing management plan; (2) Appropriate NEPA documentation (Categorical Exclusion, Environmental Assessment, or Environmental Impact Statement); (3) Appropriate decision documentation (e.g., Finding of No Significant Impact); (4) Section 7 evaluation; (5) Copies of letters requesting State and, where appropriate, tribal involvement and the results of the request; (6) A draft news release; (7) Outreach plan; and (8) Draft refuge-specific regulations. Upon review of these documents, we have determined that the opening of these national wildlife refuges to hunting and fishing is compatible with the principles of sound fish and wildlife management and administration and otherwise will be in the public interest. </P>
          <HD SOURCE="HD1">Response to Comments Received </HD>
          <P>In the July 3, 2001, <E T="04">Federal Register</E> (66 FR 35193), we published a proposed rulemaking identifying the refuges and their proposed hunting and/or fishing programs and invited public comments. We reviewed and considered all substantive comments following a 30-day comment period. </P>
          <P>We received three comments on the proposed rule: two from nongovernmental organizations and one from an individual. One respondent strongly supported the proposed rule. </P>
          <P>
            <E T="03">Comment:</E> Two commenters expressed opposition to opening refuges to hunting and fishing and believe refuges should be places offering protection and shelter. Along this same line, another commenter expressed that “management of NWRs should emphasize wildlife preservation, habitat protection, and native ecosystem restoration over public uses, especially consumptive uses.” Also a commenter suggested that before we authorize a hunting/fishing program we should census populations, evaluate habitat, or use other means of ecological study. </P>
          <P>
            <E T="03">Response:</E> The Refuge System provides opportunities for compatible wildlife-dependent recreational activities. Hunting and fishing are integral parts of a comprehensive wildlife management program. The National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997 (NWRSIA), identifies them as two of the priority public uses of the Refuge System. The principal focus of the NWRSIA was to clearly establish a wildlife conservation mission for the Refuge System and provide managers clear direction and procedures for making determinations regarding wildlife conservation and public uses within the units of the System. The Service does manage national wildlife refuges primarily for wildlife preservation, habitat protection, and biological integrity and allows uses only when compatible with achieving the refuge's purposes. In passing the NWRSIA, Congress reaffirmed that the Refuge System was created to conserve fish, wildlife, and plants and their habitats and that this objective had been facilitated by providing Americans opportunities to participate in compatible wildlife-dependent recreation, including hunting and/or fishing on Refuge System lands. Additionally, the NWRSIA established six priority wildlife-dependent uses of the Refuge System, where compatible. These priority uses are: hunting, fishing, wildlife observation, wildlife photography, environmental education, and interpretation. The NWRSIA directs the Secretary to facilitate those uses. </P>
          <P>When lands and waters are under consideration for addition to the Refuge System, the Refuge manager will make an interim compatibility determination on any existing priority public uses. The record of decision establishing the refuge must document the completion of such determinations. The results of these determinations are in effect until the completion of a Comprehensive Conservation Plan (CCP). During the development of the CCP and implementation of the National Environmental Policy Act (NEPA) process, we accept and incorporate public comments into the hunting/fishing decision on the refuge. Refuge managers plan efforts well in advance of any proposed changes in order to obtain as much involvement from groups and individuals as possible. This may include public meetings, workshops, news releases, and mailings to interested groups. The refuge manager consults with any affected Service Regional Office, State wildlife agencies, tribes, and the public before opening a refuge to hunting or fishing. The decision to open a refuge to hunting or fishing depends on the provisions of Federal and/or State laws and regulations applicable to the specific refuge and a determination by the Refuge manager that opening an area to hunting will be compatible with the refuge purpose(s). This decision must also be consistent with the principles of sound wildlife management, applicable wildlife objectives, and otherwise be in the public interest (50 CFR 32.1). The refuge manager must submit a hunting or fishing plan that has undergone a public input process as required by NEPA to the Regional Office for approval. The Regional Director approves the plan before the rulemaking process begins. These hunting/fishing plans contain:</P>
          <P>a. Step-down hunting/fishing plans (compatibility determinations). The plan should be an appendix to the overall plan for providing public uses on refuges, providing documentation of the hunting/fishing allowed on a refuge, including the relationship of hunting/fishing to refuge purpose(s) goals, objectives, and the System mission;</P>
          <P>b. Appropriate NEPA documentation;</P>
          <P>c. Appropriate decision documentation;</P>
          <P>d. Section 7 evaluation;</P>
          <P>e. Copies of letters requesting State and, where appropriate, tribal involvement and the results of the request;</P>
          <P>f. Draft news release; and</P>
          <P>g. Outreach plan. </P>
          <P>Additionally, we review all hunting programs annually to determine if they may affect, adversely or beneficially, threatened or endangered species and their habitat. The refuge manager will initiate consultation, as appropriate, in accordance with Section 7 of the Endangered Species Act and intra-Service consultation procedures. </P>

          <P>With regard to censusing populations, evaluating habitat, or other means of ecological study, we base our hunting and fishing programs on State and Federal laws which establish the harvest limits and hunting/fishing seasons. The respective State issues hunting/fishing licenses, not the Refuge System or the refuge manager, and we require hunters/anglers to have all applicable Federal, State, and tribal licenses and/or stamps in their possession when hunting/fishing on a refuge. We only allow hunting/fishing if it is compatible with achieving the purposes of the refuge and in accordance with those State/Federal laws. We may, however, be more restrictive if the local conditions <PRTPAGE P="46348"/>warrant. We periodically adjust the hunting/fishing program to ensure that those allowed activities remain compatible, that the amount of take per hunter/angler is sustainable, and that the take does not affect the viability of a population. </P>
          <P>
            <E T="03">Comment:</E> Another commenter suggested there was “insufficient time and notice given to the public to comment on the process.” </P>
          <P>
            <E T="03">Response:</E> We provided the public a 30-day period to comment on the July 3, 2001, proposed rule. The Refuge-Specific Hunting and Sport Fishing Regulations are an annual process with the proposed rule published each summer with a 30-day comment period. There is nothing contained in this annual regulation outside of the scope of the annual review process where we add refuges or determine whether individual refuge regulations need modifications, deletions, or additions made to them. We make every attempt to collect all of the proposals from refuges nationwide and process them expeditiously to maximize the time available for public review. As we stated in the proposed rule, by allowing a 30-day comment period, we are trying to avoid jeopardizing the establishment of hunting and fishing programs this year (two of the six priority uses established by the NWRSIA) or shortening their duration. Many of these rules also relieve restrictions and allow the public to participate in recreational activities on a number of refuges. Even after issuance of a final rule, we accept comments, suggestions, and concerns for consideration for any appropriate subsequent rulemaking.</P>
          <P>
            <E T="03">Comment:</E> A commenter suggested using a sequence to standardize refuge planning that Defenders of Wildlife recommended in their publication, “Recommendations for Implementing the National Wildlife Refuge System Improvement Act,” and delay our final decisionmaking until population and habitat information required by the National Wildlife Refuge System Improvement Act is presented and analyzed. </P>
          <P>
            <E T="03">Response:</E> Our Comprehensive Conservation Plan (CCP) process consists of eight steps (see the Service Manual chapter published in final in the <E T="04">Federal Register</E> on May 25, 2000, 65 FR 33892—specifically in that policy, 602 FW 3.4C): (1) Preplanning: Planning the Plan; (2) Initiate Public Involvement and Scoping; (3) Review Vision Statement and Goals and Determine Significant Issues; (4) Develop and Analyze Alternatives, Including the Proposed Action; (5) Prepare Draft Plan and NEPA Document; (6) Prepare and Adopt Final Plan; (7) Implement Plan, Monitor, and Evaluate; and (8) Review and Revise Plan. These steps closely parallel the standardized sequence for refuge planning suggested by Defenders of Wildlife in the publication referenced by the comment. In situations where we are unable to develop new data for the CCP, such as conducting biological inventories in advance of the planning effort, the CCP may identify the need for further data collection. In such cases we may delay decisionmaking, pending additional data collection and analysis. There are many sources of data that can aid in CCP development. We include a list of potential data sources in our Comprehensive Conservation Planning policy (602 FW 3.4 C(1)(e)). A lack of data should not delay completion of the CCP. </P>
          <P>
            <E T="03">Comment:</E> A commenter suggested that we thoroughly analyze and discuss all current and proposed habitat management practices for the refuges in question. </P>
          <P>
            <E T="03">Response:</E> We address current and proposed habitat management practices (general principles, tundra, grassland, grazing and haying, wetland/water, moist soil, cropland, and forest management) in existing guidance to managers. This guidance provides a framework for refuge managers to develop specific habitat management programs and requires refuge managers to thoroughly investigate fundamental habitat management practices. </P>
          <HD SOURCE="HD1">Effective Date </HD>
          <P>This rule is effective upon publication in the <E T="04">Federal Register</E>. We have determined that any further delay in implementing these refuge-specific hunting and sport fishing regulations would not be in the public interest in that a delay would hinder the effective planning and administration of the hunting and fishing programs. We provided a 30-day comment period for the July 3, 2001, proposed rule. An additional 30-day delay would jeopardize holding the hunting and/or fishing programs this year or shorten their duration and thereby lessen the management effectiveness of this regulation. These rules do not impact the public generally in terms of requiring lead time for compliance. Rather, they relieve restrictions in that they permit activities on refuges that would otherwise not be allowed. Therefore, we find good cause under 5 U.S.C. 553 (d)(3) to make this rule effective upon publication. </P>
          <P>We allow the following wildlife-dependent recreational activities: </P>
          <P>Hunting of migratory game birds on seven refuges, including: </P>
          <P>• Grand Bay National Wildlife Refuge, Alabama and Mississippi </P>
          <P>• Great River National Wildlife Refuge, Illinois and Missouri </P>
          <P>• Middle Mississippi River National Wildlife Refuge, Illinois and Missouri </P>
          <P>• Port Louisa National Wildlife Refuge, Illinois and Iowa </P>
          <P>• Clarks River National Wildlife Refuge, Kentucky </P>
          <P>• Petit Manan National Wildlife Refuge, Maine </P>
          <P>• Deep Fork National Wildlife Refuge, Oklahoma </P>
          <P>Upland game hunting on six refuges, including: </P>
          <P>• Grand Bay National Wildlife Refuge, Alabama and Mississippi </P>
          <P>• Great River National Wildlife Refuge, Illinois and Missouri </P>
          <P>• Middle Mississippi River National Wildlife Refuge, Illinois and Missouri </P>
          <P>• Port Louisa National Wildlife Refuge, Illinois and Iowa </P>
          <P>• Two Rivers National Wildlife Refuge, Illinois and Missouri </P>
          <P>• Clarks River National Wildlife Refuge, Kentucky </P>
          <P>Big game hunting on eight refuges, including: </P>
          <P>• Grand Bay National Wildlife Refuge, Alabama and Mississippi </P>
          <P>• Great River National Wildlife Refuge, Illinois and Missouri </P>
          <P>• Middle Mississippi River National Wildlife Refuge, Illinois and Missouri </P>
          <P>• Port Louisa National Wildlife Refuge, Illinois and Iowa </P>
          <P>• Big Oaks National Wildlife Refuge, Indiana </P>
          <P>• Clarks River National Wildlife Refuge, Kentucky </P>
          <P>• Petit Manan National Wildlife Refuge, Maine </P>
          <P>• Clarence Cannon National Wildlife Refuge, Missouri </P>
          <P>Sport fishing on nine refuges, including: </P>
          <P>• Sacramento River National Wildlife Refuge, California </P>
          <P>• Great River National Wildlife Refuge, Illinois and Missouri </P>
          <P>• Middle Mississippi River National Wildlife Refuge, Illinois and Missouri </P>
          <P>• Port Louisa National Wildlife Refuge, Illinois and Iowa </P>
          <P>• Two Rivers National Wildlife Refuge, Illinois and Missouri </P>
          <P>• Big Oaks National Wildlife Refuge, Indiana </P>
          <P>• Clarks River National Wildlife Refuge, Kentucky </P>
          <P>• Clarence Cannon National Wildlife Refuge, Missouri </P>
          <P>• Supawna Meadows National Wildlife Refuge, New Jersey </P>

          <P>In accordance with the NWRSAA and the RRA, we have determined that these openings are compatible and consistent <PRTPAGE P="46349"/>with the purpose(s) for which we established the respective refuges. A copy of the compatibility determinations for these respective refuges is available by request to the contact noted under the heading <E T="02">FOR FURTHER INFORMATION CONTACT.</E>
          </P>
          <P>We are correcting administrative errors in 50 CFR part 32 that occurred when we inadvertently dropped migratory game bird hunting and sport fishing as activities open to the public in Lacreek National Wildlife Refuge in the State of South Dakota and sport fishing as an activity open to the public in Minidoka National Wildlife Refuge in the State of Idaho, and when we did not remove sport fishing from the list of activities open to the public in Delevan National Wildlife Refuge in the State of California. Lacreek National Wildlife Refuge has been open to sport fishing and migratory game bird hunting since the late 1960s. Minidoka National Wildlife Refuge has been open to sport fishing since the late 1980s. Delevan National Wildlife Refuge closed to sport fishing over a decade ago. We are adding Litchfield Wetland Management District in the State of Minnesota, which has been open since 1978, to clarify a hunting blind issue. Wetland management districts contain numerous waterfowl production areas. Land acquired as a “waterfowl production area” is annually open to hunting of migratory game birds, upland game, and big game (see 50 CFR 32.1). </P>
          <P>We are making another technical correction by removing Mark Twain National Wildlife Refuge from the listing for the States of Illinois, Iowa, and Missouri. We have officially renamed units of Mark Twain National Wildlife Refuge as Great River National Wildlife Refuge, Middle Mississippi River National Wildlife Refuge, Port Louisa National Wildlife Refuge, Two Rivers National Wildlife Refuge, and Clarence Cannon National Wildlife Refuge. The headquarters administrative site will retain the name Mark Twain Refuge Complex. </P>
          <P>We incorporate this regulation into 50 CFR part 32. Part 32 contains general provisions and refuge-specific regulations for hunting and sport fishing on national wildlife refuges. </P>
          <HD SOURCE="HD1">Regulatory Planning and Review </HD>
          <P>In accordance with the criteria in Executive Order 12866, the Service asserts that this rule is not a significant regulatory action. The Office of Management and Budget (OMB) makes the final determination under Executive Order 12866. </P>
          <P>a. This rule will not have an annual economic effect of $100 million or adversely affect an economic sector, productivity, jobs, the environment, or other units of the government. A cost-benefit and full economic analysis is not required. The purpose of this rule is to open 12 refuges to hunting and fishing activities. We created five of these refuges from existing units of Mark Twain National Wildlife Refuge in Illinois, Iowa, and Missouri and, as such, hunting and fishing activities were already available to the public. We exclude these five refuges from the analysis because they do not provide an increase in supply of hunting and fishing opportunities. The seven new refuges are located in the States of Alabama, Mississippi, Kentucky, Indiana, Oklahoma, Maine, California, and New Jersey. Fishing and hunting are two of the priority public uses of national wildlife refuges recognized as legitimate and appropriate, and we should facilitate their implementation, subject to such restrictions or regulations as may be necessary to ensure their compatibility with the purpose of each refuge. Many of the 535 existing national wildlife refuges already have programs where we allow fishing and hunting. Not all refuges have the necessary resources and landscape that would make fishing and hunting opportunities available to the public. By opening these seven new refuges, we have determined that we can make high-quality and safe experiences available to the public. This rule establishes new hunting and/or fishing programs at the following refuges: Grand Bay, Clarks River, Big Oaks, Deep Fork, Petit Manan, Sacramento River, and Supawna Meadows National Wildlife Refuge. </P>
          <P>Following a best-case scenario, if the refuges establishing new fishing and hunting programs were a pure addition to the supply of such activities, it would mean an estimated increase of 14,630 days of hunting and 18,460 user days of fishing (Table 1). However, the number of Americans participating in fishing and hunting activities has been stable since 1991. Any increase in the supply of these activities introduced by adding refuges where the activity is available will most likely be offset by other sites losing participants, especially if the new sites have higher quality fishing and/or hunting opportunities. Using the value of the difference in the upper and lower bounds of the 95 percent confidence interval for average consumer surplus to represent the estimate of the increase in consumer surplus for higher quality fishing and hunting (Walsh, Johnson, and McKean, 1990 <SU>1</SU>
            <FTREF/>) yields an estimated increase in consumer surplus of $672,000 annually (2001 dollars based on consumer surplus quality change). If the possible fishing and hunting opportunities attributable to this rule are a pure addition to the current supply, then the consumer surplus will be slightly over $2 million annually. As stated earlier, the trend is flat in participation in fishing and hunting activities in the last 10 years and, therefore, if new refuges are open to these activities, the true estimate of the benefits will be closer to $672,000 annually. Consequently, this rule will have a small measurable economic benefit on the United States economy. </P>
          <FTNT>
            <P>
              <SU>1</SU> Article presented at the Western Regional Science Association Annual Meeting in Molokai, Hawaii, on February 22, 1990.</P>
          </FTNT>
          <GPOTABLE CDEF="s150,10,20,10" COLS="4" OPTS="L2,i1">
            <TTITLE>Table 1.—Estimated Changes in Consumer Surplus From Additional Fishing and Hunting Opportunities in 2001 </TTITLE>
            <BOXHD>
              <CHED H="1">Refuge </CHED>
              <CHED H="1">Additional fishing days </CHED>
              <CHED H="1">Additional hunting days </CHED>
              <CHED H="1">Fishing and hunting combined </CHED>
            </BOXHD>
            <ROW>
              <ENT I="01">Grand Bay </ENT>
              <ENT/>
              <ENT>330 </ENT>
              <ENT>330 </ENT>
            </ROW>
            <ROW>
              <ENT I="01">Clarks River </ENT>
              <ENT>5,000 </ENT>
              <ENT>5,000 </ENT>
              <ENT>10,000 </ENT>
            </ROW>
            <ROW>
              <ENT I="01">Big Oaks </ENT>
              <ENT>7,000 </ENT>
              <ENT>9,000 </ENT>
              <ENT>16,000 </ENT>
            </ROW>
            <ROW>
              <ENT I="01">Deep Fork </ENT>
              <ENT/>
              <ENT>250 </ENT>
              <ENT>250 </ENT>
            </ROW>
            <ROW>
              <ENT I="01">Petit Manan </ENT>
              <ENT/>
              <ENT>50 </ENT>
              <ENT>50 </ENT>
            </ROW>
            <ROW>
              <ENT I="01">Sacramento River </ENT>
              <ENT>1,000 </ENT>
              <ENT/>
              <ENT>1,000 </ENT>
            </ROW>
            <ROW RUL="n,s">
              <PRTPAGE P="46350"/>
              <ENT I="01">Supawna Meadows </ENT>
              <ENT>5,460 </ENT>
              <ENT/>
              <ENT>5,460 </ENT>
            </ROW>
            <ROW>
              <ENT I="03">Total Days/Year </ENT>
              <ENT>18,460 </ENT>
              <ENT>14,630 </ENT>
              <ENT>33,090 </ENT>
            </ROW>
            <ROW>
              <ENT I="01">Consumer surplus per day (1987 $) </ENT>
              <ENT>$39.25 </ENT>
              <ENT>$41.69 </ENT>
              <ENT>  </ENT>
            </ROW>
            <ROW>
              <ENT I="01">Consumer surplus for quality change </ENT>
              <ENT>$14.90 </ENT>
              <ENT>$10.66 </ENT>
              <ENT>  </ENT>
            </ROW>
            <ROW>
              <ENT I="01">Change in total consumer surplus for quality change </ENT>
              <ENT>$724,555 </ENT>
              <ENT>$609,925 (1987$) </ENT>
              <ENT>$1,334,480 </ENT>
            </ROW>
            <ROW>
              <ENT I="22"> </ENT>
              <ENT O="xl"/>
              <ENT>(2001$) </ENT>
              <ENT>$2,080,661 </ENT>
            </ROW>
            <ROW>
              <ENT I="01">Change in quality consumer surplus </ENT>
              <ENT>$275,054 </ENT>
              <ENT>$155,956 (1987$) </ENT>
              <ENT>$431,010 </ENT>
            </ROW>
            <ROW>
              <ENT I="22"> </ENT>
              <ENT O="xl"/>
              <ENT>(2001$) </ENT>
              <ENT>$672,011 </ENT>
            </ROW>
          </GPOTABLE>
          <P>b. This rule will not create inconsistencies with other agencies' actions. This action pertains solely to the management of the National Wildlife Refuge System. The fishing and hunting activities located on national wildlife refuges account for approximately 1 percent of the available supply in the United States. Any small, incremental change in the supply of fishing and hunting opportunities will not measurably impact any other agency's existing programs.</P>
          <P>c. This rule will not materially affect entitlements, grants, user fees, loan programs, or the rights and obligations of their recipients. This rule does not affect entitlement programs. There are no grants or other Federal assistance programs associated with public use of national wildlife refuges. </P>
          <P>d. This rule will not raise novel legal or policy issues. It opens seven additional refuges for fishing and hunting activities and continues the practice of allowing recreational public use of national wildlife refuges. Many refuges in the System currently have opportunities for the public to hunt and fish on refuge lands. </P>
          <HD SOURCE="HD1">Regulatory Flexibility Act </HD>

          <P>We certify that this rule will not have a significant economic effect on a substantial number of small entities as defined under the Regulatory Flexibility Act (5 U.S.C. 601 <E T="03">et seq.</E>). A Regulatory Flexibility Analysis is not required. Accordingly, a Small Entity Compliance Guide is not required. </P>
          <P>Congress created the National Wildlife Refuge System to conserve fish, wildlife, and plants and their habitats and facilitated this conservation mission by providing Americans opportunities to visit and participate in compatible wildlife-dependent recreation, including fishing and hunting, as priority general uses on national wildlife refuges and to better appreciate the value of, and need for, wildlife conservation. </P>
          <P>This rulemaking does not increase the types of recreation allowed on the System but establishes hunting and/or fishing programs on seven additional refuges. As a result, there will be opportunities for an increase in wildlife-dependent recreation on national wildlife refuges. The changes in the amount of allowed use are likely to increase visitor activity on the seven national wildlife refuges. But, as stated above, this is likely to be a substitute site for the activity and not necessarily an increase in participation rates for the activity. To the extent visitors spend time and money in the area of the refuge that would not have been spent there anyway, they contribute new income to the regional economy and benefit local businesses. </P>
          <P>For purposes of analysis, we will assume that any increase in refuge visitation is a pure addition to the supply of the available activity. This will result in a best-case scenario and is expected to overstate the benefits to local businesses. The latest information on the distances traveled for fishing and hunting activities indicates that over 80 percent of the participants travel less than 100 miles from home to engage in the activity. This indicates that participants will spend their travel-related expenditures in the local economy. Since participation is scattered across the country, many small businesses benefit. The National Survey of Fishing, Hunting, and Wildlife Associated Recreation identifies expenditures for food and lodging, transportation, and other incidental expenses. Using the average expenditures for these categories with the expected maximum additional participation on the System as a result of this rule yields the following estimates (Table 2) compared to total business activity for these sectors. </P>
          <GPOTABLE CDEF="s100,r50,12,r50,12" COLS="5" OPTS="L2,i1">
            <TTITLE>Table 2.—Estimation of the Additional Fishing and Hunting Opportunities With the Opening of Seven Refuges to Fishing and/or Hunting in 2001 </TTITLE>
            <BOXHD>
              <CHED H="1">  </CHED>
              <CHED H="1">U.S. total participation in 1996 </CHED>
              <CHED H="1">Average per day </CHED>
              <CHED H="1">Current refuge participation w/o duplication </CHED>
              <CHED H="1">Possible additional refuge participation </CHED>
            </BOXHD>
            <ROW>
              <ENT I="11">Anglers: </ENT>
            </ROW>
            <ROW>
              <ENT I="02">Total days spent</ENT>
              <ENT>626 mil </ENT>
              <ENT/>
              <ENT>6.7 mil</ENT>
              <ENT>18,460 </ENT>
            </ROW>
            <ROW>
              <ENT I="02">Total expenditures</ENT>
              <ENT>$38.0 bil </ENT>
              <ENT>$61 </ENT>
              <ENT>$406.3 mil</ENT>
              <ENT>$1,120,575 </ENT>
            </ROW>
            <ROW>
              <ENT I="03">Trip related</ENT>
              <ENT>$15.4 bil </ENT>
              <ENT>$25 </ENT>
              <ENT>$164.6 mil </ENT>
              <ENT>$454,128 </ENT>
            </ROW>
            <ROW>
              <ENT I="03">Food and lodging</ENT>
              <ENT>$6.0 bil </ENT>
              <ENT>$10 </ENT>
              <ENT>$64.1 mil</ENT>
              <ENT>$176,933 </ENT>
            </ROW>
            <ROW>
              <ENT I="03">Transportation</ENT>
              <ENT>$3.7 bil </ENT>
              <ENT>$6 </ENT>
              <ENT>$39.6 mil</ENT>
              <ENT>$109,109 </ENT>
            </ROW>
            <ROW>
              <ENT I="03">Other </ENT>
              <ENT>$5.7 bil </ENT>
              <ENT>$9 </ENT>
              <ENT>$60.9 mil</ENT>
              <ENT>$168,086 </ENT>
            </ROW>
            <ROW>
              <ENT I="11">Hunters: </ENT>
            </ROW>
            <ROW>
              <ENT I="02">Total days spent </ENT>
              <ENT>257 mil </ENT>
              <ENT/>
              <ENT>2.0 mil </ENT>
              <ENT>14,630 </ENT>
            </ROW>
            <ROW>
              <ENT I="02">Total expenditures</ENT>
              <ENT>$21 bil </ENT>
              <ENT>$82 </ENT>
              <ENT>$164.4 mil </ENT>
              <ENT>$1,195,447 </ENT>
            </ROW>
            <ROW>
              <ENT I="03">Trip related</ENT>
              <ENT>$5.2 bil </ENT>
              <ENT>$20 </ENT>
              <ENT>$40.7 mil </ENT>
              <ENT>$296,016 </ENT>
            </ROW>
            <ROW>
              <ENT I="03">Food and lodging</ENT>
              <ENT>$2.5 bil </ENT>
              <ENT>$10 </ENT>
              <ENT>$19.6 mil </ENT>
              <ENT>$142,315 </ENT>
            </ROW>
            <ROW>
              <PRTPAGE P="46351"/>
              <ENT I="03">Transportation</ENT>
              <ENT>$1.8 bil </ENT>
              <ENT>$7 </ENT>
              <ENT>$14.1 mil </ENT>
              <ENT>$102,467 </ENT>
            </ROW>
            <ROW>
              <ENT I="03">Other </ENT>
              <ENT>$900 mil </ENT>
              <ENT>$4 </ENT>
              <ENT>$7.0 mil </ENT>
              <ENT>$51,233 </ENT>
            </ROW>
          </GPOTABLE>
          <P>Using a national impact multiplier for wildlife-associated recreation developed for the report “1996 National and State Economic Impacts of Wildlife Watching” for the estimated increase in direct expenditures yields a total economic impact of $7.7 million (2001 dollars). Since we know that most of the fishing and hunting occur within 100 miles of a participant's residence, then it is unlikely that most of this spending would be “new” money coming into a local economy and, therefore, would be offset with a decrease in some other sector of the local economy. The net gain to the local economies would be no more than $7.7 million and most likely considerably less. Since 80 percent of the participants travel less than 100 miles to engage in hunting and fishing activities, their spending patterns would not add new money in the local economy and, therefore, the real impact would be on the order of $1.5 million annually. Taken as percent of similar figures for this type of economic activity, it shows that the maximum increase at most (if all spending were new money) ranges from .01 percent to 3.58 percent for local retail trade spending (Table 3). Even the three counties in Indiana (Big Oaks National Wildlife Refuge) that would have a share of the $3.7 million increase in recreationist spending (if all spending were from outside the retail area) would average approximately $7,000 per establishment. </P>
          <P>The majority of affected counties have a large percentage of their retail trade establishments that qualify as small businesses. With such a small increase in overall spending that we anticipate from this rule, it is unlikely that a substantial number of small entities will have more than a small benefit from the increased recreationist spending near the affected refuges. </P>
          <GPOTABLE CDEF="s100,r50,r50,10,10,10" COLS="6" OPTS="L2,i1">
            <TTITLE>Table 3.—Comparative Expenditures for Retail Trade Associated With Additional Refuge Visitation in 2001 </TTITLE>
            <BOXHD>
              <CHED H="1">Refuge/County(ies)</CHED>
              <CHED H="1">Retail trade in 1997 </CHED>
              <CHED H="1">Estimated max. refuge addition </CHED>
              <CHED H="1">Addition as a % of total </CHED>
              <CHED H="1">Total retail establ. </CHED>
              <CHED H="1">Establ. with &lt;10 emp. </CHED>
            </BOXHD>
            <ROW>
              <ENT I="01">Grand Bay</ENT>
              <ENT>$77 thou</ENT>
              <ENT/>
              <ENT>.01% </ENT>
              <ENT/>
              <ENT/>
            </ROW>
            <ROW>
              <ENT I="03">Mobile, AL </ENT>
              <ENT>$608 mil</ENT>
              <ENT/>
              <ENT/>
              <ENT>2,229 </ENT>
              <ENT>1,467 </ENT>
            </ROW>
            <ROW>
              <ENT I="03">Jackson, MS </ENT>
              <ENT>$131 mil</ENT>
              <ENT/>
              <ENT/>
              <ENT>681 </ENT>
              <ENT>491 </ENT>
            </ROW>
            <ROW>
              <ENT I="01">Clarks River </ENT>
              <ENT/>
              <ENT>$2.3 mil</ENT>
              <ENT>1.03 </ENT>
              <ENT/>
              <ENT/>
            </ROW>
            <ROW>
              <ENT I="03">Graves, KY </ENT>
              <ENT>$37 mil </ENT>
              <ENT/>
              <ENT/>
              <ENT>175 </ENT>
              <ENT>119 </ENT>
            </ROW>
            <ROW>
              <ENT I="03">McCracken, KY </ENT>
              <ENT>$154 mil</ENT>
              <ENT/>
              <ENT/>
              <ENT>659 </ENT>
              <ENT>443 </ENT>
            </ROW>
            <ROW>
              <ENT I="03">Marshall, KY </ENT>
              <ENT>$36 mil</ENT>
              <ENT/>
              <ENT/>
              <ENT>168 </ENT>
              <ENT>122 </ENT>
            </ROW>
            <ROW>
              <ENT I="01">Big Oaks </ENT>
              <ENT/>
              <ENT>$3.7 mil </ENT>
              <ENT>3.58 </ENT>
              <ENT/>
              <ENT/>
            </ROW>
            <ROW>
              <ENT I="03">Jefferson, IN </ENT>
              <ENT>$45 mil </ENT>
              <ENT/>
              <ENT/>
              <ENT>218 </ENT>
              <ENT>153 </ENT>
            </ROW>
            <ROW>
              <ENT I="03">Jennings, IN </ENT>
              <ENT>$32 mil </ENT>
              <ENT/>
              <ENT/>
              <ENT>100 </ENT>
              <ENT>70 </ENT>
            </ROW>
            <ROW>
              <ENT I="03">Ripley, IN </ENT>
              <ENT>$27 mil</ENT>
              <ENT/>
              <ENT/>
              <ENT>168 </ENT>
              <ENT>113 </ENT>
            </ROW>
            <ROW>
              <ENT I="01">Deep Fork </ENT>
              <ENT/>
              <ENT>$58 thou </ENT>
              <ENT>.18 </ENT>
              <ENT/>
              <ENT/>
            </ROW>
            <ROW>
              <ENT I="03">Okmulgee, OK </ENT>
              <ENT>$32 mil</ENT>
              <ENT/>
              <ENT/>
              <ENT>194 </ENT>
              <ENT>140 </ENT>
            </ROW>
            <ROW>
              <ENT I="01">Petit Manan</ENT>
              <ENT/>
              <ENT>$12 thou </ENT>
              <ENT>.03 </ENT>
              <ENT/>
              <ENT/>
            </ROW>
            <ROW>
              <ENT I="03">Washington, ME </ENT>
              <ENT>$40 mil</ENT>
              <ENT/>
              <ENT/>
              <ENT>281 </ENT>
              <ENT>206 </ENT>
            </ROW>
            <ROW>
              <ENT I="01">Sacramento River </ENT>
              <ENT/>
              <ENT>$233 thou </ENT>
              <ENT>.06 </ENT>
              <ENT/>
              <ENT/>
            </ROW>
            <ROW>
              <ENT I="03">Butte, CA </ENT>
              <ENT>$287 mil </ENT>
              <ENT/>
              <ENT/>
              <ENT>1,095 </ENT>
              <ENT>736 </ENT>
            </ROW>
            <ROW>
              <ENT I="03">Lake, CA </ENT>
              <ENT>$58 mil </ENT>
              <ENT/>
              <ENT/>
              <ENT>296 </ENT>
              <ENT>229 </ENT>
            </ROW>
            <ROW>
              <ENT I="03">Tehama, CA </ENT>
              <ENT>$70 mil </ENT>
              <ENT/>
              <ENT/>
              <ENT>244 </ENT>
              <ENT>168 </ENT>
            </ROW>
            <ROW>
              <ENT I="01">Supawna Meadows </ENT>
              <ENT/>
              <ENT>$1.3 mil </ENT>
              <ENT>1.93 </ENT>
              <ENT/>
              <ENT/>
            </ROW>
            <ROW>
              <ENT I="03">Salem, NJ </ENT>
              <ENT>$66 mil </ENT>
              <ENT/>
              <ENT/>
              <ENT>305 </ENT>
              <ENT>203 </ENT>
            </ROW>
          </GPOTABLE>
          <P>Many small businesses may benefit from some increased wildlife refuge visitation. However, we expect that much of this benefit will be offset as recreationists spend the same money in a different location. We expect that the incremental recreational opportunities will be scattered, and so we do not expect that the rule will have a significant economic effect (benefit) on a substantial number of small entities in any region or nationally. </P>
          <HD SOURCE="HD1">Small Business Regulatory Enforcement Fairness Act </HD>
          <P>The rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. This rule:</P>
          <P>a. Does not have an annual effect on the economy of $100 million or more. The additional fishing and hunting opportunities at the seven refuges that do not currently have these programs would generate expenditures by anglers and hunters with an economic impact estimated at $7.7 million per year (2001 dollars). Consequently, the maximum benefit of this rule for businesses, both small and large, would not be sufficient to make this a major rule. The impact would be scattered across the country and would most likely not be significant in any local area. </P>

          <P>b. Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions. This rule will have only a slight effect on the costs of hunting and fishing opportunities of Americans. Under the assumption that <PRTPAGE P="46352"/>any additional hunting and fishing opportunities would be of high quality, participants would be attracted to the refuge. If the refuge were closer to the participant's residence, then a reduction in travel costs would occur and benefit the participants. We do not have information to quantify this reduction in travel cost; but we have to assume that, since most people travel less than 100 miles to hunt and fish now, the reduced travel cost would be small for the additional days of hunting and fishing generated by this rule. We do not expect this rule to affect the supply or demand for fishing and hunting opportunities in the United States and, therefore, it should not affect prices for fishing and hunting equipment and supplies, or the retailers that sell equipment. Additional refuge hunting and fishing opportunities would account for less than .04 percent of the available opportunities in the United States. </P>
          <P>c. Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based enterprises to compete with foreign-based enterprises. Because this rule represents such a small proportion of recreational spending of a small number of affected hunters and anglers (approximately a maximum impact of $7.7 million annually), there will be no measurable economic effect on the wildlife-dependent industry, which has annual sales of equipment and travel expenditures of $72 billion nationwide. This rule adds seven refuges to the list of refuges that have hunting and/or fishing programs. Refuges that establish hunting and fishing programs may hire additional staff from the local community to assist with the programs, but this would not be a significant increase with this rule adding only seven refuges. Consequently, there are no anticipated significant employment or small business effects. </P>
          <HD SOURCE="HD1">Unfunded Mandates Reform Act </HD>

          <P>Since this rule applies to public use of federally owned and managed refuges, it does not impose an unfunded mandate on State, local, or tribal governments or the private sector of more than $100 million per year. The rule does not have a significant or unique effect on State, local, or tribal governments or the private sector. A statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 <E T="03">et seq.</E>) is not required. </P>
          <HD SOURCE="HD1">Takings (Executive Order 12630) </HD>
          <P>In accordance with Executive Order 12630, the rule does not have significant takings implications. This regulation will affect only visitors at national wildlife refuges and limit what they can do while they are on a refuge. </P>
          <HD SOURCE="HD1">Federalism (Executive Order 13132) </HD>
          <P>As discussed in the Regulatory Planning and Review and Unfunded Mandates Reform Act sections above, this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment under Executive Order 13132. In preparing this rule, we worked with State governments. </P>
          <HD SOURCE="HD1">Civil Justice Reform (Executive Order 12988) </HD>
          <P>In accordance with Executive Order 12988, the Office of the Solicitor has determined that the rule does not unduly burden the judicial system and meets the requirements of sections 3(a) and 3(b)(2) of the Order. The regulation will clarify established regulations and result in better understanding of the regulations by refuge visitors. </P>
          <HD SOURCE="HD1">Energy Supply, Distribution, or Use (Executive Order 13211) </HD>
          <P>On May 18, 2001, the President issued Executive Order 13211 on regulations that significantly affect energy supply, distribution, and use. Executive Order 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. Because this rule only adds seven refuges to the list of refuges that have hunting and/or fishing programs and makes minor changes to other refuges open to those activities, it is not a significant regulatory action under Executive Order 12866 and is not expected to significantly affect energy supplies, distribution, and use. Therefore, this action is not a significant energy action and no Statement of Energy Effects is required. </P>
          <HD SOURCE="HD1">Consultation and Coordination with Indian Tribal Governments (Executive Order 13175) </HD>
          <P>In accordance with Executive Order 13175, we have evaluated possible effects on federally recognized Indian tribes and have determined that there are no effects. We coordinate recreational use on national wildlife refuges with tribal governments having adjoining or overlapping jurisdiction before we propose the regulations. This regulation is consistent with and not less restrictive than tribal reservation rules. </P>
          <HD SOURCE="HD1">Paperwork Reduction Act </HD>
          <P>This regulation does not contain any information collection requirements other than those already approved by the Office of Management and Budget under the Paperwork Reduction Act (OMB Control Number is 1018-0102). See 50 CFR 25.23 for information concerning that approval. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. </P>
          <HD SOURCE="HD1">Endangered Species Act Section 7 Consultation </HD>
          <P>In preparation for new openings, we include Section 7 consultation documents approved by the Service's Endangered Species program in the refuge's “openings package” for Regional review and approval from the Washington Office. We reviewed the changes in hunting and fishing regulations herein with regard to Section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1531-1543). For the national wildlife refuges proposed to open for hunting and/or fishing, we have determined that Grand Bay, Supawna Meadows, Petit Manan, Sacramento River (for valley elderberry longhorn beetle), and Clarks River (for bald eagles) National Wildlife Refuges will not likely adversely affect and Clarks River (for Indiana bat) and Sacramento River National Wildlife Refuges will not affect the continued existence of any endangered or threatened species or result in the destruction or adverse modification of designated critical habitat of such species within the System. </P>
          <P>We also comply with Section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1531-1543) when developing Comprehensive Conservation Plans, step-down management plans for public use of refuges, and prior to implementing any new or revised public recreation program on a refuge as identified in 50 CFR 26.32. We also make determinations required by the Endangered Species Act on a case-by-case basis before the addition of a refuge to the lists of areas open to hunting or fishing as contained in 50 CFR 32.7. </P>
          <HD SOURCE="HD1">National Environmental Policy Act </HD>
          <P>We analyzed this rule in accordance with the criteria of the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4332(C)) and 516 DM 6, Appendix 1. This rule does not constitute a major Federal action significantly affecting the quality of the human environment. An environmental impact statement/assessment is not required. </P>

          <P>A categorical exclusion from NEPA documentation applies to this <PRTPAGE P="46353"/>amendment of refuge-specific hunting and fishing regulations since it is technical and procedural in nature, and the environmental effects are too broad, speculative, or conjectural to lend themselves to meaningful analysis (516 DM 2, Appendix 1.10). </P>
          <P>Prior to the addition of a refuge to the list of areas open to hunting and fishing in 50 CFR part 32, we develop hunting and fishing plans for the affected refuges. We incorporate these proposed refuge hunting and fishing activities in the refuge Comprehensive Conservation Plans (CCPs) and/or other step-down management plans, pursuant to our refuge planning guidance in 602 FW 1, 3, and 4. We prepare these CCPs and step-down plans in compliance with section 102(2)(C) of NEPA, and the Council on Environmental Quality's regulations for implementing NEPA in 40 CFR parts 1500-1508. We invite the affected public to participate in the review, development, and implementation of these plans. </P>
          <HD SOURCE="HD1">Available Information for Specific Refuges </HD>
          <P>Individual refuge headquarters retain information regarding public use programs and the conditions that apply to their specific programs and maps of their respective areas. You may also obtain information from the Regional offices at the addresses listed below: </P>
          <P>Region 1—California, Hawaii, Idaho, Nevada, Oregon, and Washington. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, Eastside Federal Complex, Suite 1692, 911 N.E. 11th Avenue, Portland, Oregon 97232-4181; Telephone (503) 231-6214. </P>
          <P>Region 2—Arizona, New Mexico, Oklahoma, and Texas. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, Box 1306, 500 Gold Avenue, Albuquerque, New Mexico 87103; Telephone (505) 248-7419. </P>
          <P>Region 3—Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and Wisconsin. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, 1 Federal Drive, Federal Building, Fort Snelling, Twin Cities, Minnesota 55111; Telephone (612) 713-5401. </P>
          <P>Region 4—Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, Puerto Rico, and the Virgin Islands. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, 1875 Century Boulevard, Atlanta, Georgia 30345; Telephone (404) 679-7166. </P>
          <P>Region 5—Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia, and West Virginia. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, 300 Westgate Center Drive, Hadley, Massachusetts 01035-9589; Telephone (413) 253-8306. </P>
          <P>Region 6—Colorado, Kansas, Montana, Nebraska, North Dakota, South Dakota, Utah, and Wyoming. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, 134 Union Blvd., Lakewood, Colorado 80228; Telephone (303) 236-8145. </P>
          <P>Region 7—Alaska. Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, 1011 E. Tudor Rd., Anchorage, Alaska 99503; Telephone (907) 786-3545. </P>
          <HD SOURCE="HD1">Primary Author </HD>
          <P>Leslie A. Marler, Management Analyst, National Wildlife Refuge System, Division of Conservation Planning and Policy, U.S. Fish and Wildlife Service, Arlington, VA 22203, is the primary author of this rulemaking document. </P>
          <LSTSUB>
            <HD SOURCE="HED">List of Subjects in 50 CFR Part 32 </HD>
            <P>Fishing, Hunting, Reporting and recordkeeping requirements, Wildlife, Wildlife refuges.</P>
          </LSTSUB>
          <REGTEXT PART="32" TITLE="50">
            <AMDPAR>For the reasons set forth in the preamble, we amend Title 50, Chapter I, subchapter C of the Code of Federal Regulations as follows: </AMDPAR>
            <PART>
              <HD SOURCE="HED">PART 32—[AMENDED] </HD>
            </PART>
            <AMDPAR>1. The authority citation for part 32 continues to read as follows: </AMDPAR>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd-668ee, and 715i.</P>
            </AUTH>
            
          </REGTEXT>
          <REGTEXT PART="32" TITLE="50">
            <AMDPAR>2. In § 32.7 “What refuge units are open to hunting and/or fishing?” by: </AMDPAR>
            <AMDPAR>a. Alphabetically adding Grand Bay National Wildlife Refuge in the States of Alabama and Mississippi; </AMDPAR>
            <AMDPAR>b. Alphabetically adding Sacramento River National Wildlife Refuge, removing “Salton Sea National Wildlife Refuge,” and alphabetically adding “Sonny Bono Salton Sea National Wildlife Refuge” in the State of California; </AMDPAR>
            <AMDPAR>c. Removing Mark Twain National Wildlife Refuge in the States of Illinois, Iowa, and Missouri; </AMDPAR>
            <AMDPAR>d. Alphabetically adding Great River National Wildlife Refuge, Middle Mississippi River National Wildlife Refuge, Port Louisa National Wildlife Refuge, and Two Rivers National Wildlife Refuge in the State of Illinois;</AMDPAR>
            <AMDPAR>e. Alphabetically adding Big Oaks National Wildlife Refuge in the State of Indiana; </AMDPAR>
            <AMDPAR>f. Alphabetically adding Port Louisa National Wildlife Refuge in the State of Iowa; </AMDPAR>
            <AMDPAR>g. Alphabetically adding Clarks River National Wildlife Refuge in the State of Kentucky; </AMDPAR>
            <AMDPAR>h. Alphabetically adding Petit Manan National Wildlife Refuge in the State of Maine; </AMDPAR>
            <AMDPAR>i. Alphabetically adding Litchfield Wetland Management District in the State of Minnesota; </AMDPAR>
            <AMDPAR>j. Alphabetically adding Clarence Cannon National Wildlife Refuge, Great River National Wildlife Refuge, Middle Mississippi River National Wildlife Refuge, and Two Rivers National Wildlife Refuge in the State of Missouri; and </AMDPAR>
            <AMDPAR>k. Removing “Arid Lands National Wildlife Refuge” in the State of Washington and alphabetically adding “Hanford Reach National Monument/Saddle Mountain National Wildlife Refuge” to read as follows: </AMDPAR>
            <SECTION>
              <SECTNO>§ 32.7</SECTNO>
              <SUBJECT>What refuge units are open to hunting and/or fishing? </SUBJECT>
            </SECTION>
          </REGTEXT>
          <REGTEXT PART="32" TITLE="50">
            <AMDPAR>3. In § 32.20 Alabama by alphabetically adding Grand Bay National Wildlife Refuge to read as follows: </AMDPAR>
            <SECTION>
              <SECTNO>§ 32.20</SECTNO>
              <SUBJECT>Alabama. </SUBJECT>
              <STARS/>
              <EXTRACT>
                <HD SOURCE="HD1">Grand Bay National Wildlife Refuge </HD>
                <P>Refer to § 32.43 Mississippi for regulations.</P>
              </EXTRACT>
              <STARS/>
            </SECTION>
          </REGTEXT>
          <REGTEXT PART="32" TITLE="50">
            <AMDPAR>4. In § 32.22 Arizona by: </AMDPAR>
            <AMDPAR>a. Revising paragraph A., adding paragraph B.4., and revising paragraphs C., and D. of Bill Williams River National Wildlife Refuge; </AMDPAR>
            <AMDPAR>b. Revising paragraph A. of Cibola National Wildlife Refuge; and </AMDPAR>
            <AMDPAR>c. Revising paragraph A.4.i., adding paragraphs A.4.iii, and A.4.iv., revising paragraph A.5., adding paragraphs A.6., and B.5., and revising paragraph D. of Havasu National Wildlife Refuge to read as follows: </AMDPAR>
            <SECTION>
              <SECTNO>§ 32.22</SECTNO>
              <SUBJECT>Arizona. </SUBJECT>
              <STARS/>
              <EXTRACT>
                <HD SOURCE="HD1">Bill Williams River National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> We allow hunting of mourning and white-winged doves on designated areas of the refuge subject to the following conditions: </P>
                <P>1. We allow only shotguns. </P>
                <P>2. You may possess only nontoxic shot while in the field. </P>
                <P>3. You may not hunt within 50 yards (45 m) of any building, road, or levee. </P>
                <P>
                  <E T="03">B. Upland Game Hunting.</E> * * * </P>
                <STARS/>

                <P>4. You may not hunt within 50 yards (45 m) of any building, road, or levee. <PRTPAGE P="46354"/>
                </P>
                <P>
                  <E T="03">C. Big Game Hunting.</E> We allow hunting of desert bighorn sheep on designated areas of the refuge with a valid State permit. </P>
                <P>
                  <E T="03">D. Sport Fishing.</E> We allow sport fishing in designated areas subject to the following condition: We prohibit personal watercraft (PWC, as defined by State law), air boats, or hovercraft on all waters within the boundaries of the refuge. </P>
                <STARS/>
                <HD SOURCE="HD1">Cibola National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> We allow hunting of geese, ducks, coots, moorhens, common snipe, and mourning and white-winged doves on designated areas of the refuge subject to the following conditions: </P>
                <P>1. We allow only shotguns. </P>
                <P>2. You may possess only approved nontoxic shot while in the field. </P>
                <P>3. You must obtain a permit to enter the Island Unit. </P>
                <P>4. You must pay a hunt fee in portions of the refuge. Consult refuge hunting leaflet for locations. </P>
                <P>5. We do not allow pit or permanent blinds. </P>
                <P>6. You may hunt only during seasons, dates, times, and areas posted by signs and/or indicated on refuge leaflets, special regulations, and maps available at the refuge office. </P>
                <P>7. You must remove all temporary blinds, boats, and decoys from the refuge following each day's hunt. </P>
                <P>8. We do not allow hunting within 50 yards (45 m) of any public roads or levees. </P>
                <P>9. We close Farm Unit 2 to all hunting except goose hunting during the Arizona waterfowl season. </P>
                <P>10. Consult the refuge hunt leaflet for the shot limit. </P>
                <P>11. The area known as Pretty Water is open to waterfowl hunting from <FR>1/2</FR> hour before sunrise to 3:00 p.m. MST during the Arizona and California waterfowl seasons. </P>
                <P>12. The Hart Mine Marsh area is open to hunting from 10 a.m. to 3 p.m. daily during goose season. </P>
                <STARS/>
                <HD SOURCE="HD1">Havasu National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> * * * </P>
                <STARS/>
                <P>4. * * * </P>
                <P>i. We require a fee for waterfowl hunting, and you must have in your possession proof of payment (refuge permit) while hunting. </P>
                <STARS/>
                <P>iii. Waterfowl hunters must hunt only at the assigned location. </P>
                <P>iv. We limit waterfowl hunters to 16 shells each. </P>
                <P>5. You must remove temporary blinds, boats, hunting equipment, and decoys from the refuge following each day's hunt. </P>
                <P>6. You may not hunt within 50 yards (45m) of any building, road, or levee. </P>
                <P>
                  <E T="03">B. Upland Game Hunting.</E> * * * </P>
                <STARS/>
                <P>5. You may not hunt within 50 yards (45 m) of any building, road, or levee. </P>
                <STARS/>
                <P>
                  <E T="03">D. Sport Fishing.</E> We allow fishing on designated areas of the refuge subject to the following conditions: </P>
                <P>1. We close designated portions of the Topock Marsh to all entry from October 1 through January 31. </P>
                <P>2. We prohibit personal watercraft (PWC, as defined by State law), air boats, or hovercraft on all waters within Topock Marsh or other waters indicated by signs or buoys.</P>
              </EXTRACT>
              <STARS/>
            </SECTION>
          </REGTEXT>
          
          <REGTEXT PART="32" TITLE="50">
            <AMDPAR>5. In § 32.24 California by:</AMDPAR>
            <AMDPAR>a. Revising paragraph D. of Delevan National Wildlife Refuge;</AMDPAR>
            <AMDPAR>b. Revising paragraph A. of Humboldt Bay National Wildlife Refuge;</AMDPAR>
            <AMDPAR>c. Alphabetically adding Sacramento River National Wildlife Refuge;</AMDPAR>
            <AMDPAR>d. Revising the heading “Salton Sea National Wildlife Refuge” to read “Sonny Bono Salton Sea National Wildlife Refuge,” placing it in appropriate alphabetical order, and revising paragraph A.2.;</AMDPAR>
            <AMDPAR>e. Revising paragraphs A.1. and D.2. of San Luis National Wildlife Refuge; and</AMDPAR>
            <AMDPAR>f. Revising San Pablo Bay National Wildlife Refuge to read as follows: </AMDPAR>
            <SECTION>
              <SECTNO>§ 32.24 </SECTNO>
              <SUBJECT>California. </SUBJECT>
              <STARS/>
              <EXTRACT>
                <HD SOURCE="HD1">Delevan National Wildlife Refuge </HD>
                <STARS/>
                <P>
                  <E T="03">D. Sport Fishing.</E> [Reserved] </P>
                <STARS/>
                <HD SOURCE="HD1">Humboldt Bay National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> We allow hunting of geese (except Canada geese), ducks, coots, common moorhens, and snipe on designated areas of the refuge subject to the following conditions: </P>
                <P>1. We allow hunting on Salmon Creek only on Tuesdays and Saturdays from <FR>1/2</FR> hour before sunrise until 1:00 p.m., and we require a valid refuge daily permit issued prior to each hunt by random drawing. </P>
                <P>2. We restrict hunters on Salmon Creek to within 100 feet (30 m) of the assigned hunt site except for placing and retrieving decoys, retrieving downed birds, or traveling to and from the parking area. </P>
                <P>3. The Teal Island and Egret Island units of the refuge are open on Saturday, Sunday, Wednesday, Federal holidays, and the opening and closing days of the State waterfowl hunting season. </P>
                <P>4. Portions of the Jacoby Creek, Eureka Slough, and Table Bluff units of the refuge are open during the State waterfowl hunting season. We designate the Jacoby Creek and Eureka Slough units boat access only. </P>
                <P>5. We require that adults 18 years of age or older accompany hunters under the age of 16. </P>
                <P>6. You must unload firearms while transporting them between the parking area and designated blind sites in the Salmon Creek unit. </P>
                <P>7. You may possess no more than 25 approved nontoxic shells while in the field. </P>
                <P>8. You may use only portable blinds or blinds constructed of vegetation in the free-roam hunting areas. </P>
                <P>9. You must remove all blinds, decoys, shell casings, and other personal equipment from the refuge following each day's hunt. </P>
                <STARS/>
                <HD SOURCE="HD1">Sacramento River National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> [Reserved] </P>
                <P>
                  <E T="03">B. Upland Game Hunting.</E> [Reserved] </P>
                <P>
                  <E T="03">C. Big Game Hunting.</E> [Reserved] </P>
                <P>
                  <E T="03">D. Sport Fishing.</E> We allow fishing on Packer Lake subject to the following conditions: </P>
                <P>1. Due to primitive access, you may fish only from boats up to 14 feet (4.2 m) long and canoes. </P>
                <P>2. You may fish from the western shoreline from sunrise to sunset. </P>
                <STARS/>
                <HD SOURCE="HD1">San Luis National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> * * *</P>
                <P>1. You may use only portable blinds or blinds constructed of vegetation in the free-roam hunting area. </P>
                <STARS/>
                <P>
                  <E T="03">D. Sport Fishing.</E> * * *</P>
                <STARS/>
                <P>2. We allow only the use of pole and line or rod and reel, and anglers must attend their equipment at all times. </P>
                <STARS/>
                <HD SOURCE="HD1">San Pablo Bay National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> We allow hunting of geese, ducks, and coots on designated areas of the refuge subject to the following conditions: </P>
                <P>1. You may possess only approved nontoxic shot while in the field. </P>
                <P>2. Access is by foot, bicycle, and boat only. </P>
                <P>3. You must remove all portable blinds, decoys, and personal equipment following each day's hunt. </P>
                <P>4. We allow floating blinds on the refuge, and they are available to any hunter on a first-come, first-serve basis. Floating blinds require refuge manager approval or are subject to removal. </P>
                <P>5. We prohibit digging into levees and slough channels. </P>
                <P>6. We allow only dogs engaged in hunting activities on the refuge during waterfowl season. </P>
                <P>
                  <E T="03">B. Upland Game Hunting.</E> We allow hunting of pheasant on designated areas of the refuge in accordance with State hunting regulations and the following conditions: </P>
                <P>1. Contact the refuge manager for details. </P>
                <P>2. You may possess a maximum of 25 approved nontoxic shot while in the field. </P>
                <P>3. Access is by foot and bicycle only. </P>
                <P>4. We allow only dogs engaged in hunting activities on the refuge during pheasant season. </P>
                <P>
                  <E T="03">C. Big Game Hunting.</E> [Reserved] </P>
                <P>
                  <E T="03">D. Sport Fishing.</E> [Reserved] </P>
                <HD SOURCE="HD1">Sonny Bono Salton Sea National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> * * *</P>
                <STARS/>
                <PRTPAGE P="46355"/>
                <P>2. You must hunt from assigned blinds on the Union Tract and within 100 feet (30 m) of blind sites on the Hazard Tract, except when shooting to retrieve crippled birds. </P>
                <STARS/>
              </EXTRACT>
              
            </SECTION>
          </REGTEXT>
          <REGTEXT PART="32" TITLE="50">
            <AMDPAR>6. In § 32.27 Delaware by revising Prime Hook National Wildlife Refuge to read as follows: </AMDPAR>
            <SECTION>
              <SECTNO>§ 32.27 </SECTNO>
              <SUBJECT>Delaware. </SUBJECT>
              <STARS/>
              <EXTRACT>
                <HD SOURCE="HD1">Prime Hook National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> We allow hunting of migratory game birds on designated areas of the refuge subject to the following conditions: </P>
                <P>1. Consult the refuge hunting brochure for specific information regarding species, areas, and days open to hunting, rules, and regulations. </P>
                <P>2. We require a refuge permit and fee for waterfowl hunting. </P>
                <P>3. Refuge hunt dates will correspond with State-established migratory game bird seasons. </P>
                <P>
                  <E T="03">B. Upland Game Hunting.</E> We allow hunting of upland species on designated areas of the refuge subject to the following conditions: </P>
                <P>1. Consult the refuge hunting brochure for specific information regarding species, areas, and days open to hunting, rules, and regulations. </P>
                <P>2. You may possess only approved nontoxic shot while in the field. </P>
                <P>3. We do not allow upland game hunting beginning March 1 through August 31. </P>
                <P>
                  <E T="03">C. Big Game Hunting.</E> We allow hunting of white-tailed deer on designated areas of the refuge subject to the following conditions: </P>
                <P>1. Consult the refuge hunting brochure for specific information regarding areas and days open to hunting, rules, and specific regulations. </P>
                <P>2. You may use only portable tree stands and must remove them from the refuge following each day's hunt. </P>
                <P>3. During the firearm deer season, hunters must wear in a conspicuous manner on head, chest, and back a minimum of 400 square inches (10.16 m<SU>2</SU>) of solid-colored hunter orange clothing or material. </P>
                <P>4. We require a refuge permit and fee for deer hunting. </P>
                <P>
                  <E T="03">D. Sport Fishing.</E> We allow fishing and crabbing on designated areas of the refuge subject to the following conditions: </P>
                <P>1. Consult refuge regulations regarding access areas, launch points, and motor restrictions. </P>
                <P>2. We allow fishing only from sunrise to sunset in all areas except those areas marked by signs as closed to public entry.</P>
              </EXTRACT>
              
            </SECTION>
          </REGTEXT>
          <REGTEXT PART="32" TITLE="50">
            <AMDPAR>7. In § 32.28 Florida by:</AMDPAR>
            <AMDPAR>a. Adding paragraph D.8. of J. N. “Ding” Darling National Wildlife Refuge;</AMDPAR>
            <AMDPAR>b. Revising paragraphs A.5., A.7., A.8., A.17., and D. of Merritt Island National Wildlife Refuge; and</AMDPAR>
            <AMDPAR>c. Revising paragraph A. of Ten Thousand Islands National Wildlife Refuge to read as follows: </AMDPAR>
            <SECTION>
              <SECTNO>§ 32.28 </SECTNO>
              <SUBJECT>Florida. </SUBJECT>
              <STARS/>
              <EXTRACT>
                <HD SOURCE="HD1">J. N. “Ding” Darling National Wildlife Refuge </HD>
                <STARS/>
                <P>
                  <E T="03">D. Sport Fishing.</E> * * *</P>
                <STARS/>
                <P>8. With the exception of those nonregulated species generally used as bait, all fish caught for commercial purposes in the waters of the refuge or transported into the refuge must remain in an intact and whole condition until removed from the refuge. </P>
                <STARS/>
                <HD SOURCE="HD1">Merritt Island National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> * * *</P>
                <STARS/>
                <P>5. All persons must successfully complete a Firearm Hunter Education course before they may hunt and must possess the Firearm Hunter Education certificate when hunting. </P>
                <STARS/>
                <P>7. We close the refuge between sunset and sunrise except waterfowl hunters may enter at 4:00 a.m. on hunting days with a valid Refuge Hunt Permit. </P>
                <P>8. You may not park along Blackpoint Wildlife Drive, Playalinda Beach Road, or Scrub Ridge Trail for the purpose of waterfowl hunting. </P>
                <STARS/>
                <P>17. Boats must not exceed idle speed in Bairs Cove and KARS (Kennedy Athletic Recreational Social Organization) Marina or 8 mph in Haulover Canal. </P>
                <STARS/>
                <P>
                  <E T="03">D. Sport Fishing.</E> You may fish, crab, clam, oyster, and shrimp in designated areas of the refuge subject to the following conditions: </P>
                <P>1. We close the refuge between sunset and sunrise except anglers may enter after dark to fish from a boat with a valid Refuge Night Fishing Permit. We allow nighttime boat launching only at Bairs Cove and Beacon 42 Fish Camp. We allow night fishing only in Haulover Canal and the open waters of Mosquito Lagoon, Indian River Lagoon, and Banana River. </P>
                <P>2. Anglers must attend their lines at all times. </P>
                <P>3. Vehicles must use only designated public access routes and boat launching areas north and south of Haulover Canal. </P>
                <P>4. You may not launch boats, crab, or fish from Black Point Wildlife Drive. </P>
                <P>5. You may not use air-thrust boats, hovercraft, personal watercraft, or similar craft on refuge waters. </P>
                <P>6. You may not use motorized boats in the Banana River Manatee Sanctuary (north of KARS Park on the west side of the Barge Channel and north of the Air Force power line on the east side of the Barge Channel). This includes any boat having an attached motor or a nonattached motor capable of use (including electric trolling motors). This is in effect throughout the year. </P>
                <P>7. Boats must not exceed idle speed in Bairs Cove and KARS Marina or 8 mph in Haulover Canal. </P>
                <P>8. We prohibit harvest or possession of horseshoe crabs while on the refuge. </P>
                <STARS/>
                <HD SOURCE="HD1">Ten Thousand Islands National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> You may hunt ducks and coots in designated areas of the refuge in accordance with State regulations and subject to the following conditions: </P>
                <P>1. We allow hunting only on Wednesday, Saturday, Sunday, Thanksgiving, Christmas, and New Year's Day within the State season from <FR>1/2</FR> hour before sunrise until noon. </P>
                <P>2. You must possess a valid refuge hunt permit at all times while hunting on the refuge. </P>
                <P>3. You will need to break down temporary blinds, including those of native vegetation, following each day's hunt. We prohibit the construction of permanent or pit blinds. </P>
                <P>4. You must remove decoys, guns, blinds, and boats from the refuge by 1:00 p.m. daily. </P>
                <P>5. We allow public hunting only in the area shown on the refuge hunt brochure. We will post closed areas with signs or delineate them by red reflectors on posts along the small road extending south off U.S. 41. Entry into the refuge for hunting may not begin until 4:00 a.m. for designated hunt days. </P>
                <P>6. We prohibit air-thrust boats, hovercraft, personal watercraft, and off-road vehicles at all times. We limit watercraft to outboard engines with a maximum of 25 hp. </P>
                <P>7. We encourage the use of dogs to retrieve dead or wounded waterfowl. Dogs must remain under the control of their handlers at all times. </P>
                <P>8. You may possess only approved nontoxic shot while in the field. </P>
                <P>9. We require all guides to purchase and possess a refuge Special Use Permit. </P>
                <P>10. We prohibit the possession of alcoholic beverages. </P>
                <P>11. Hunters under the age of 16 may hunt only with an adult 21 years of age or older, and they must remain in sight and normal voice contact with the adult. </P>
                <P>12. You may take ducks and coots with shotguns only. We prohibit the possession of handguns and other long guns. </P>
                <STARS/>
              </EXTRACT>
              
            </SECTION>
          </REGTEXT>
          <REGTEXT PART="32" TITLE="50">
            <AMDPAR>8. In § 32.29 Georgia by revising paragraph C. of Okefenokee National Wildlife Refuge to read as follows: </AMDPAR>
            <SECTION>
              <SECTNO>§ 32.29 </SECTNO>
              <SUBJECT>Georgia. </SUBJECT>
              <STARS/>
              <EXTRACT>
                <HD SOURCE="HD1">Okefenokee National Wildlife Refuge </HD>
                <STARS/>
                <P>
                  <E T="03">C. Big Game Hunting.</E> We allow hunting of white-tailed deer and feral hog on designated areas of the refuge subject to the following condition: We require a refuge permit for Suwannee Canal Unit. </P>
              </EXTRACT>
              
              <STARS/>
            </SECTION>
          </REGTEXT>
          <REGTEXT PART="32" TITLE="50">
            <AMDPAR>9. In § 32.31 Idaho by: </AMDPAR>

            <AMDPAR>a. Revising paragraphs A.1., A.3., A.4., and D.1. of Deer Flat National Wildlife Refuge; and <PRTPAGE P="46356"/>
            </AMDPAR>
            <AMDPAR>b. Revising paragraph D. of Minidoka National Wildlife Refuge to read as follows: </AMDPAR>
            <SECTION>
              <SECTNO>§ 32.31 </SECTNO>
              <SUBJECT>Idaho. </SUBJECT>
              <STARS/>
              <EXTRACT>
                <HD SOURCE="HD1">Deer Flat National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> * * * </P>
                <P>1. You may hunt only ducks, coots, and doves on the Lake Lowell sector. </P>
                <STARS/>
                <P>3. Snipe and dove hunters may possess only approved nontoxic shot while in the field. </P>
                <P>4. We restrict nonmotorized boats and boats with electric motors only to the area bounded by the water's edge and extending to a point 200 yards (180 m) lakeward in hunting area 1 on the Lake Lowel sector. </P>
                <STARS/>
                <P>
                  <E T="03">D. Sport Fishing.</E> * * * </P>
                <P>1. During the waterfowl season, we allow fishing only within the area bounded by the water's edge extending to a point 200 yards (180 m) lakeward in front of the Lower Dam, fishing area A and in front of the Upper Dam, and fishing area B on the Lake Lowell sector. </P>
                <HD SOURCE="HD1">Minidoka National Wildlife Refuge </HD>
                <STARS/>
                <P>
                  <E T="03">D. Sport Fishing.</E> We allow sport fishing on designated areas of the refuge subject to the following conditions: </P>
                <P>1. We allow fishing from boats on the main reservoir from Minidoka Dam to the west tip of Bird Island, April 1 through September 30. </P>
                <P>2. We allow fishing from boats within boating lanes at Smith and Gifford Springs year around. </P>
                <P>3. We allow bank fishing all year.</P>
              </EXTRACT>
              
            </SECTION>
          </REGTEXT>
          <REGTEXT PART="32" TITLE="50">
            <AMDPAR>10. In § 32.32 Illinois by: </AMDPAR>
            <AMDPAR>a. Alphabetically adding Great River National Wildlife Refuge; </AMDPAR>
            <AMDPAR>b. Removing Mark Twain National Wildlife Refuge; </AMDPAR>
            <AMDPAR>c. Alphabetically adding Middle Mississippi River National Wildlife Refuge; </AMDPAR>
            <AMDPAR>d. Alphabetically adding Port Louisa National Wildlife Refuge; </AMDPAR>
            <AMDPAR>e. Alphabetically adding Two Rivers National Wildlife Refuge; and </AMDPAR>
            <AMDPAR>f. Revising paragraphs A.1., B.1., B.2., B.3., C.1., C.2., C.3., D.1. and D.2. of Upper Mississippi River National Wildlife and Fish Refuge to read as follows: </AMDPAR>
            <SECTION>
              <SECTNO>§ 32.32 </SECTNO>
              <SUBJECT>Illinois. </SUBJECT>
              <STARS/>
              <EXTRACT>
                <HD SOURCE="HD1">Great River National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> We allow hunting of migratory game birds on designated areas of the refuge subject to brochures and posted regulations. </P>
                <P>
                  <E T="03">B. Upland Game Hunting.</E> We allow hunting of upland game on designated areas of the refuge subject to brochures and posted regulations. </P>
                <P>
                  <E T="03">C. Big Game Hunting.</E> We allow hunting of white-tailed deer on designated areas of the refuge subject to brochures and posted regulations. </P>
                <P>
                  <E T="03">D. Sport Fishing.</E> We allow fishing on designated areas of the refuge subject to brochures and posted regulations. </P>
                <STARS/>
                <HD SOURCE="HD1">Middle Mississippi River National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> We allow hunting of migratory game birds on designated areas of the refuge subject to brochures and posted regulations. </P>
                <P>
                  <E T="03">B. Upland Game Hunting.</E> We allow hunting of upland game on designated areas of the refuge subject to brochures and posted regulations. </P>
                <P>
                  <E T="03">C. Big Game Hunting.</E> We allow hunting of white-tailed deer on designated areas of the refuge subject to brochures and posted regulations. </P>
                <P>D. Sport Fishing. We allow fishing on designated areas of the refuge subject to brochures and posted regulations. </P>
                <HD SOURCE="HD1">Port Louisa National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> We allow hunting of migratory game birds on designated areas of the refuge subject to brochures and posted regulations. </P>
                <P>
                  <E T="03">B. Upland Game Hunting.</E> We allow hunting of upland game on designated areas of the refuge subject to brochures and posted regulations. </P>
                <P>
                  <E T="03">C. Big Game Hunting.</E> We allow hunting of white-tailed deer on designated areas of the refuge subject to brochures and posted regulations. </P>
                <P>
                  <E T="03">D. Sport Fishing.</E> We allow fishing on designated areas of the refuge subject to brochures and posted regulations. </P>
                <HD SOURCE="HD1">Two Rivers National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> [Reserved] </P>
                <P>
                  <E T="03">B. Upland Game Hunting.</E> We allow hunting of upland game on designated areas of the refuge subject to brochures and posted regulations. </P>
                <P>
                  <E T="03">C. Big Game Hunting.</E> [Reserved] </P>
                <P>
                  <E T="03">D. Sport Fishing.</E> We allow fishing on designated areas of the refuge subject to brochures and posted regulations. </P>
                <HD SOURCE="HD1">Upper Mississippi River National Wildlife and Fish Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> * * * </P>
                <P>1. In areas posted “Area Closed” or “No Hunting Zone,” we prohibit hunting of migratory game birds at any time. </P>
                <STARS/>
                <P>
                  <E T="03">B. Upland Game Hunting.</E> * * * </P>
                <P>1. In areas posted “No Hunting Zone,” we prohibit hunting or possession of firearms at all times. </P>
                <P>2. In areas posted “Area Closed,” we only allow hunting beginning the day after the close of the applicable State duck hunting season until upland game season closure or March 15, whichever occurs first, except we allow spring turkey hunting during State seasons. </P>
                <P>3. On areas open to hunting, we prohibit hunting or possession of firearms from March 16 until the opening of State fall hunting seasons, except we allow spring turkey hunting during State seasons. </P>
                <STARS/>
                <P>
                  <E T="03">C. Big Game Hunting.</E> * * * </P>
                <P>1. In areas posted “No Hunting Zone,” we prohibit hunting or possession of firearms at all times. </P>
                <P>2. In areas posted “Area Closed,” we only allow hunting beginning the day after the close of the applicable State duck hunting season until big game season closure or March 15, whichever occurs first. </P>
                <P>3. On areas open to hunting, we only allow hunting or possession of firearms until season closure or March 15, whichever occurs first. </P>
                <STARS/>
                <P>
                  <E T="03">D. Sport Fishing.</E> * * * </P>
                <P>1. On Spring Lake Closed Areas, Carroll County, Illinois, we prohibit fishing from October 1 until the day after the close of the State duck hunting season. </P>
                <P>2. On Mertes Slough, Buffalo County, Wisconsin, we allow only hand-powered boats or boats with electric motors. </P>
              </EXTRACT>
              
            </SECTION>
          </REGTEXT>
          <REGTEXT PART="32" TITLE="50">
            <AMDPAR>11. In § 32.33 Indiana by alphabetically adding Big Oaks National Wildlife Refuge to read as follows: </AMDPAR>
            <SECTION>
              <SECTNO>§ 32.33 </SECTNO>
              <SUBJECT>Indiana. </SUBJECT>
              <STARS/>
              <EXTRACT>
                <HD SOURCE="HD1">Big Oaks National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> [Reserved] </P>
                <P>
                  <E T="03">B. Upland Game Hunting.</E> [Reserved] </P>
                <P>
                  <E T="03">C. Big Game Hunting.</E> We allow hunting of white-tailed deer and turkey on designated areas of the refuge subject to the following condition: We require a refuge access permit. </P>
                <P>
                  <E T="03">D. Sport Fishing.</E> We allow fishing on designated areas of the refuge subject to the following condition: We require a refuge access permit. </P>
              </EXTRACT>
              <STARS/>
              
            </SECTION>
          </REGTEXT>
          <REGTEXT PART="32" TITLE="50">
            <AMDPAR>12. In § 32.34 Iowa by: </AMDPAR>
            <AMDPAR>a. Revising paragraphs B. and C. of Driftless Area National Wildlife Refuge; </AMDPAR>
            <AMDPAR>b. Removing Mark Twain National Wildlife Refuge; </AMDPAR>
            <AMDPAR>c. Revising paragraph B. of Neal Smith National Wildlife Refuge; </AMDPAR>
            <AMDPAR>d. Alphabetically adding Port Louisa National Wildlife Refuge; and </AMDPAR>
            <AMDPAR>e. Revising Union Slough National Wildlife Refuge to read as follows: </AMDPAR>
            <SECTION>
              <SECTNO>§ 32.34 </SECTNO>
              <SUBJECT>Iowa. </SUBJECT>
              <STARS/>
              <EXTRACT>
                <HD SOURCE="HD1">Driftless Area National Wildlife Refuge </HD>
                <STARS/>
                <P>
                  <E T="03">B. Upland Game Hunting.</E> We allow hunting of upland game on designated areas of the refuge subject to the following conditions: </P>
                <P>1. In areas posted “Area Closed,” we prohibit entry, including hunting. </P>

                <P>2. In areas open to hunting, we allow hunting beginning November 1 until the close of State hunting seasons or January 15, whichever occurs first. <PRTPAGE P="46357"/>
                </P>
                <P>3. You may possess only approved nontoxic shot while hunting for any allowed birds or other small game. </P>
                <P>
                  <E T="03">C. Big Game Hunting.</E> We allow hunting of white-tailed deer on designated areas of the refuge subject to the following conditions: </P>
                <P>1. In areas posted “Area Closed,” we prohibit all public entry, including hunting. </P>
                <P>2. In areas open to hunting, we allow hunting beginning November 1 until the close of State hunting seasons or January 15, whichever occurs first. </P>
                <P>3. We allow archery and muzzleloader hunting only. </P>
                <P>4. We allow deer drives only during lawful party hunting conducted within the refuge, in accordance with State regulations. We prohibit driving deer from or through the refuge to any persons hunting outside the refuge boundary. </P>
                <P>5. We do not allow construction or use of permanent blinds, platforms, or ladders. </P>
                <P>6. You must remove all stands from the refuge following each day's hunt. </P>
                <STARS/>
                <HD SOURCE="HD1">Neal Smith National Wildlife Refuge </HD>
                <STARS/>
                <P>
                  <E T="03">B. Upland Game Hunting.</E> We allow hunting of ringnecked pheasant, bobwhite quail, cottontail rabbit, and squirrel on designated areas of the refuge subject to the following conditions: </P>
                <P>1. You may possess only approved nontoxic shot while hunting for any permitted birds or other small game. </P>
                <P>2. We allow hunting only during the dates posted at the refuge. </P>
                <P>3. All hunters must wear one or more of the following articles of visible, external, solid-blaze-orange clothing: a hat, vest, coat, jacket, sweatshirt, sweater, shirt, or coveralls. </P>
                <STARS/>
                <HD SOURCE="HD1">Port Louisa National Wildlife Refuge </HD>
                <P>Refer to § 32.32 Illinois for regulations. </P>
                <HD SOURCE="HD1">Union Slough National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> We allow hunting of migratory game birds on designated areas of the refuge subject to brochures and posted regulations. </P>
                <P>
                  <E T="03">B. Upland Game Hunting.</E> We allow upland game hunting on designated areas of the refuge subject to brochures and posted regulations. </P>
                <P>
                  <E T="03">C. Big Game Hunting.</E> We allow big game hunting on designated areas of the refuge subject to brochures and posted regulations. </P>
                <P>
                  <E T="03">D. Sport Fishing.</E> We allow fishing on designated areas of the refuge subject to brochures and posted regulations. </P>
              </EXTRACT>
              <STARS/>
            </SECTION>
          </REGTEXT>
          <REGTEXT PART="32" TITLE="50">
            <AMDPAR>13. In § 32.36 Kentucky by alphabetically adding Clarks River National Wildlife Refuge to read as follows: </AMDPAR>
            <SECTION>
              <SECTNO>§ 32.36 </SECTNO>
              <SUBJECT>Kentucky. </SUBJECT>
              <STARS/>
              <EXTRACT>
                <HD SOURCE="HD1">Clarks River National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> We allow hunting of geese, ducks, coots, woodcock, snipe, and mourning doves on designated areas of the refuge subject to State regulations and the following conditions: </P>
                <P>1. Hunting of waterfowl will cease at 2:00 p.m. each day of open season. </P>
                <P>2. You may use only portable or temporary blinds. </P>
                <P>3. You must remove portable or temporary blinds and decoys from the refuge following each day's hunt. </P>
                <P>4. You may possess only approved nontoxic shot while hunting waterfowl in the field. </P>
                <P>5. The refuge is a day-use area only with the exception of legal hunting activities. </P>
                <P>6. We prohibit the use of all-terrain vehicles on all refuge hunts. </P>
                <P>7. We prohibit target practice on refuge property. </P>
                <P>8. We prohibit mules and horses on refuge hunts. </P>
                <P>9. You must unload and encase or dismantle firearms before transporting them in a vehicle or boat within the boundaries of the refuge or along rights-of-way for public or private land within the refuge. </P>
                <P>10. Each hunter must have in his/her possession a current, signed copy of the Clarks River National Wildlife Refuge Hunting/Fishing Permit while participating in refuge hunts. </P>
                <P>
                  <E T="03">B. Upland Game Hunting.</E> We allow hunting of quail, squirrel, rabbit, raccoon, opossum, bobcat and coyote on designated areas of the refuge subject to State regulations and the following conditions: </P>
                <P>1. We prohibit mules and horses on refuge hunts. </P>
                <P>2. We prohibit all-terrain vehicles on all refuge hunts. </P>
                <P>3. The refuge is a day-use area only with the exception of legal hunting activities. </P>
                <P>4. We prohibit target practice on refuge property. </P>
                <P>5. We limit shotguns to no larger than 10 gauge. All shotgun ammunition must meet legal shot-size requirements for each hunted species. We limit the use of rifles and pistols to rimfire only for upland game. </P>
                <P>6. You must unload and encase or dismantle firearms before transporting them in a vehicle or boat within the boundaries of the refuge or along rights-of-way for public or private land within the refuge. </P>
                <P>7. You must have in your possession a current, signed copy of the Clarks River National Wildlife Refuge Hunting/Fishing Permit while participating in refuge hunts. </P>
                <P>
                  <E T="03">C. Big Game Hunting.</E> We allow hunting of white-tailed deer and turkey on designated areas of the refuge subject to State regulations and the following conditions: </P>
                <P>1. We prohibit the use or construction of any permanent tree stand. </P>
                <P>2. We allow portable stands and climbing stands, but you must remove them from the tree when they are not in use. </P>
                <P>3. We require safety belts at all times with the use of tree stands. </P>
                <P>4. The refuge is a day-use area only with the exception of legal hunting activities. </P>
                <P>5. We prohibit the use of all-terrain vehicles on all refuge hunts. </P>
                <P>6. We prohibit mules and horses on refuge hunts. </P>
                <P>7. You may not hunt by organized deer drives of two or more hunters. The definition of drive is: the act of chasing, pursuing, disturbing, or otherwise directing deer so as to make the animals more susceptible to harvest. </P>
                <P>8. We prohibit target practice on refuge property. </P>
                <P>9. You must unload and encase or dismantle firearms before transporting them in a vehicle or boat within the boundaries of the refuge or along rights-of-way for public or private land within the refuge. </P>
                <P>10. You must have in your possession a current, signed copy of the Clarks River National Wildlife Refuge Hunting/Fishing Permit while participating in refuge hunts. </P>
                <P>
                  <E T="03">D. Sport Fishing.</E> We allow sport fishing on designated areas of the refuge subject to State regulations, any refuge-specific regulations listed in the Clarks River National Wildlife Refuge Hunting/Fishing Permit, and the following conditions: </P>
                <P>1. The refuge is a day-use area only with the exception of legal fishing activities. </P>
                <P>2. You must have in your possession a current, signed copy of the Clarks River National Wildlife Refuge Hunting/Fishing Permit while fishing on the refuge. </P>
              </EXTRACT>
              
              <STARS/>
            </SECTION>
          </REGTEXT>
          <REGTEXT PART="32" TITLE="50">
            <AMDPAR>14. In § 32.37 Louisiana by: </AMDPAR>
            <AMDPAR>a. Adding paragraphs A.3., B.3., and C.3., and revising paragraph D.2. of Atchafalaya National Wildlife Refuge; </AMDPAR>
            <AMDPAR>b. Revising paragraphs A. and D.1. of Bayou Cocodrie National Wildlife Refuge; </AMDPAR>
            <AMDPAR>c. Revising the introductory text of paragraph A., paragraph A.1., the introductory text of paragraph B., and paragraphs B.1., C.1., and D.1. of Lake Ophelia National Wildlife Refuge; and </AMDPAR>
            <AMDPAR>d. Revising paragraphs A., B., and C. of Upper Ouachita National Wildlife Refuge to read as follows: </AMDPAR>
            <SECTION>
              <SECTNO>§ 32.37</SECTNO>
              <SUBJECT>Louisiana. </SUBJECT>
              <STARS/>
              <EXTRACT>
                <HD SOURCE="HD1">Atchafalaya National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> * * * </P>
                <STARS/>
                <P>3. For the Shatters Bayou Unit, hunting must be in accordance with the Attakapas Wildlife Management Area rules and regulations. </P>
                <P>
                  <E T="03">B. Upland Game Hunting.</E> * * * </P>
                <STARS/>
                <P>3. For the Shatters Bayou Unit, hunting must be in accordance with the Attakapas Wildlife Management Area rules and regulations. </P>
                <P>
                  <E T="03">C. Big Game Hunting.</E> * * * </P>
                <STARS/>
                <P>3. For the Shatters Bayou Unit, hunting must be in accordance with the Attakapas Wildlife Management Area rules and regulations. </P>
                <P>
                  <E T="03">D. Sport Fishing.</E> * * * </P>
                <STARS/>

                <P>2. For the Indian Bayou and Shatters Bayou Unit, we require an Army Corps of Engineers permit for commercial shellfishing. <PRTPAGE P="46358"/>
                </P>
                <HD SOURCE="HD1">Bayou Cocodrie National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> You may hunt ducks, coots, woodcock, and snipe on designated areas of the refuge subject to the following condition: We require a refuge permit. </P>
                <STARS/>
                <P>
                  <E T="03">D. Sport Fishing.</E> * * * </P>
                <P>1. Anglers must possess a refuge permit. </P>
                <STARS/>
                <HD SOURCE="HD1">Lake Ophelia National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> We allow hunting of ducks, geese, coots, woodcock, and snipe on designated areas of the refuge subject to the following conditions: </P>
                <P>1. We require a refuge permit. </P>
                <STARS/>
                <P>
                  <E T="03">B. Upland Game Hunting.</E> We allow hunting of squirrel, rabbit, raccoon, feral hog, beaver, nutria, and coyote on designated areas of the refuge subject to the following conditions: </P>
                <P>1. We require a refuge permit. </P>
                <STARS/>
                <P>
                  <E T="03">C. Big Game Hunting.</E> * * * </P>
                <P>1. We require a refuge permit. </P>
                <STARS/>
                <P>
                  <E T="03">D. Sport Fishing.</E> * * * </P>
                <P>1. We require a refuge permit. </P>
                <STARS/>
                <HD SOURCE="HD1">Upper Ouachita National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> We allow hunting of ducks, geese, coots, mourning doves, and woodcock on designated areas of the refuge subject to the following condition: We require a refuge permit. </P>
                <P>
                  <E T="03">B. Upland Game Hunting.</E> We allow hunting of quail, squirrel, rabbit, raccoon, and opossum on designated areas of the refuge subject to the following condition: We require a refuge permit. </P>
                <P>
                  <E T="03">C. Big Game Hunting.</E> We allow hunting of white-tailed deer on designated areas of the refuge subject to the following condition: We require a refuge permit. </P>
              </EXTRACT>
              
              <STARS/>
            </SECTION>
          </REGTEXT>
          <REGTEXT PART="32" TITLE="50">
            <AMDPAR>15. In § 32.38 Maine by alphabetically adding Petit Manan National Wildlife Refuge to read as follows: </AMDPAR>
            <SECTION>
              <SECTNO>§ 32.38</SECTNO>
              <SUBJECT>Maine. </SUBJECT>
              <STARS/>
              <EXTRACT>
                <HD SOURCE="HD1">Petit Manan National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> We allow hunting of ducks, geese, woodcock, rails, gallinules, and snipe on designated areas of the refuge subject to the following conditions: </P>
                <P>1. You may not erect permanent waterfowl blinds on the refuge. </P>
                <P>2. You must remove all temporary blinds, concealment materials, boats, and decoys following each day's hunt. </P>
                <P>
                  <E T="03">B. Upland Game Hunting.</E> We allow hunting of upland game on designated areas of the refuge subject to the following conditions: </P>
                <P>1. You may possess only approved nontoxic shot while in the field. </P>
                <P>2. We prohibit the use of pursuit or trailing dogs on the refuge. </P>
                <P>3. We prohibit the hunting of crows on the refuge. </P>
                <P>4. The refuge will be open to hunting of coyotes no earlier than November 1 and no later than March 31. </P>
                <P>
                  <E T="03">C. Big Game Hunting.</E> We allow hunting of white-tailed deer and bear on designated areas of the refuge subject to the following conditions: </P>
                <P>1. We prohibit the use of pursuit or trailing dogs on the refuge. </P>
                <P>2. We allow black bear hunting only during the firearm season for white-tailed deer. </P>
                <P>3. You must remove all tree stands by the last day of the white-tailed deer hunting season. </P>
                <P>4. We close the refuge to all visitation from sunrise to sunset. However, during hunting season, we allow hunters to enter the refuge <FR>1/2</FR> hour prior to sunrise and remain on the refuge <FR>1/2</FR> hour after sunset. </P>
                <P>
                  <E T="03">D. Sport Fishing.</E> [Reserved]</P>
              </EXTRACT>
              
              <STARS/>
            </SECTION>
          </REGTEXT>
          <REGTEXT PART="32" TITLE="50">
            <AMDPAR>16. In § 32.40 Massachusetts by revising paragraph D.1. of Parker River National Wildlife Refuge to read as follows: </AMDPAR>
            <SECTION>
              <SECTNO>§ 32.40</SECTNO>
              <SUBJECT>Massachusetts. </SUBJECT>
              <STARS/>
              <EXTRACT>
                <HD SOURCE="HD1">Parker River National Wildlife Refuge </HD>
                <STARS/>
                <P>
                  <E T="03">D. Sport Fishing.</E> * * * </P>
                <P>1. We allow saltwater fishing on the ocean beach and the surrounding waters of the Broad Sound.</P>
              </EXTRACT>
              <STARS/>
            </SECTION>
          </REGTEXT>
          <REGTEXT PART="32" TITLE="50">
            <AMDPAR>17. In § 32.42 Minnesota by: </AMDPAR>
            <AMDPAR>a. Revising Fergus Falls Wetland Management District; </AMDPAR>
            <AMDPAR>b. Alphabetically adding Litchfield Wetland Management District; and </AMDPAR>
            <AMDPAR>c. Revising paragraphs A., B., and C., in Windom Wetland Management District to read as follows: </AMDPAR>
            <SECTION>
              <SECTNO>§ 32.42</SECTNO>
              <SUBJECT>Minnesota. </SUBJECT>
              <STARS/>
              <EXTRACT>
                <HD SOURCE="HD1">Fergus Falls Wetland Management District </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> We allow hunting of migratory game birds throughout the district except that we allow no hunting on the Townsend, Headquarters, Mavis, and Gilmore Waterfowl Production Areas (WPA) in Otter Tail County, and Larson WPA in Douglas County. </P>
                <P>
                  <E T="03">B. Upland Game Hunting.</E> We allow upland game hunting throughout the district except that we allow no hunting on the Townsend, Headquarters, Mavis, and Gilmore WPAs in Otter Tail County, and Larson WPA in Douglas County. </P>
                <P>
                  <E T="03">C. Big Game Hunting.</E> We allow big game hunting throughout the district except that we allow no hunting on the Townsend, Headquarters, Mavis, and Gilmore WPAs in Otter Tail County, and Larson WPA in Douglas County. </P>
                <P>
                  <E T="03">D. Sport Fishing.</E> We allow sport fishing throughout the district except that we allow no fishing on the Townsend, Headquarters, Mavis, and Gilmore WPAs in Otter Tail County, and Larson WPA in Douglas County. </P>
                <HD SOURCE="HD1">Litchfield Wetland Management District </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> We allow hunting of migratory game birds throughout the district subject to the following conditions: </P>
                <P>1. You must remove boats, decoys, and other personal property following each day's hunt. </P>
                <P>2. You must remove portable or temporary blinds and any material brought onto the area for blind construction following each day's hunt. </P>
                <P>
                  <E T="03">B. Upland Game Hunting.</E> We allow upland game hunting throughout the district. </P>
                <P>
                  <E T="03">C. Big Game Hunting.</E> We allow big game hunting throughout the district subject to the following conditions: </P>
                <P>1. We do not allow construction or use of permanent blinds, stands, or platforms. </P>
                <P>2. You must remove all temporary blinds, stands, or platforms following each day's hunt. </P>
                <P>
                  <E T="03">D. Sport Fishing.</E> We allow fishing throughout the district. </P>
                <STARS/>
                <HD SOURCE="HD1">Windom Wetland Management District </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> We allow hunting of migratory game birds throughout the district except that you may not hunt on the Worthington Waterfowl Production Area (WPA) in Nobles County, Headquarters WPA in Jackson County, or designated portions of the Wolf Lake WPA in Cottonwood County. </P>
                <P>
                  <E T="03">B. Upland Game Hunting.</E> We allow hunting of upland game throughout the district except that you may not hunt on the Worthington WPA in Nobles County, Headquarters WPA in Jackson County, or designated portions of the Wolf Lake WPA in Cottonwood County. </P>
                <P>
                  <E T="03">C. Big Game Hunting.</E> We allow hunting of big game throughout the district except that you may not hunt on the Worthington WPA in Nobles County, Headquarters WPA in Jackson County, or designated portions of the Wolf Lake WPA in Cottonwood County.</P>
              </EXTRACT>
              <STARS/>
            </SECTION>
          </REGTEXT>
          <REGTEXT PART="32" TITLE="50">
            <AMDPAR>18. In § 32.43 Mississippi by: </AMDPAR>
            <AMDPAR>a. Alphabetically adding Grand Bay National Wildlife Refuge; </AMDPAR>
            <AMDPAR>b. Revising Hillside National Wildlife Refuge; </AMDPAR>
            <AMDPAR>c. Revising Mathews Brake National Wildlife Refuge; </AMDPAR>
            <AMDPAR>d. Revising Morgan Brake National Wildlife Refuge; </AMDPAR>
            <AMDPAR>e. Revising Panther Swamp National Wildlife Refuge; and </AMDPAR>
            <AMDPAR>f. Revising Yazoo National Wildlife Refuge to read as follows: </AMDPAR>
            <SECTION>
              <SECTNO>§ 32.43</SECTNO>
              <SUBJECT>Mississippi. </SUBJECT>
              <STARS/>
              <EXTRACT>
                <HD SOURCE="HD1">Grand Bay National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> We allow hunting of geese, ducks, coots, and <PRTPAGE P="46359"/>mourning doves on designated areas of the refuge subject to State regulations and the following conditions: </P>
                <P>1. Hunting of waterfowl will cease at 2:00 p.m. each day of open season. </P>
                <P>2. You may use only portable or temporary blinds. </P>
                <P>3. You must remove portable or temporary blinds and decoys from the refuge following each day's hunt. </P>
                <P>4. You may possess only approved nontoxic shot while hunting waterfowl in the field. </P>
                <P>5. The refuge is a day-use area only with the exception of legal hunting activities. </P>
                <P>6. We prohibit the use of all-terrain vehicles on all refuge hunts. </P>
                <P>7. We prohibit target practice on refuge property. </P>
                <P>8. We prohibit mules and horses on refuge hunts. </P>
                <P>9. You must unload and encase or dismantle firearms before transporting them in a vehicle or boat within the boundaries of the refuge or along rights-of-way for public or private land within the refuge. </P>
                <P>10. Each hunter must have in his/her possession a current, signed copy of the Grand Bay National Wildlife Refuge Hunting Permit while participating in refuge hunts. </P>
                <P>
                  <E T="03">B. Upland Game Hunting.</E> We allow hunting of squirrel on designated areas of the refuge subject to State regulations and the following conditions: </P>
                <P>1. We prohibit mules and horses on refuge hunts. </P>
                <P>2. We prohibit the use of all-terrain vehicles on all refuge hunts. </P>
                <P>3. The refuge is a day-use area only with the exception of legal hunting activities. </P>
                <P>4. We prohibit target practice on refuge property. </P>
                <P>5. We limit shotguns to no larger than 10 gauge. All shotgun ammunition must meet legal shot-size requirements. </P>
                <P>6. You must unload and encase or dismantle firearms before transporting them in a vehicle or boat within the boundaries of the refuge or along rights-of-way for public or private land within the refuge. </P>
                <P>7. Each hunter must have in his/her possession a current, signed copy of the Grand Bay National Wildlife Refuge Hunting Permit while participating in refuge hunts. </P>
                <P>
                  <E T="03">C. Big Game Hunting.</E> We allow hunting of white-tailed deer and feral hog on designated areas of the refuge subject to State regulations and the following conditions: </P>
                <P>1. We prohibit the use or construction of any permanent tree stand. </P>
                <P>2. We allow portable and climbing stands, but you must remove them from the tree when not in use or they will be subject to confiscation. </P>
                <P>3. We require safety belts at all times with the use of tree stands. </P>
                <P>4. The refuge is a day-use area only with the exception of legal hunting activities. </P>
                <P>5. We prohibit the use of all-terrain vehicles on all refuge hunts. </P>
                <P>6. We prohibit the use of mules and horses on refuge hunts. </P>
                <P>7. You may not hunt by organized deer drives of two or more hunters. The definition of drive is: the act of chasing, pursuing, disturbing, or otherwise directing deer so as to make the animals more susceptible to harvest. </P>
                <P>8. We prohibit target practice on refuge property. </P>
                <P>9. You must unload and encase or dismantle firearms before transporting them in a vehicle or boat within the boundaries of the refuge or along rights-of-way for public or private land within the refuge. </P>
                <P>10. You must have in your possession a current, signed copy of the Grand Bay National Wildlife Refuge Hunting Permit while participating in refuge hunts. </P>
                <P>
                  <E T="03">D. Sport Fishing.</E> [Reserved] </P>
                <HD SOURCE="HD1">Hillside National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> We allow hunting of mourning doves, waterfowl, and coots on designated areas of the refuge subject to the following condition: We require a refuge permit. </P>
                <P>
                  <E T="03">B. Upland Game Hunting.</E> We allow hunting of quail, rabbit, squirrel, and raccoon on designated areas of the refuge subject to the following condition: We require a refuge permit. </P>
                <P>
                  <E T="03">C. Big Game Hunting.</E> We allow hunting of white-tailed deer on designated areas of the refuge subject to the following condition: We require a refuge permit. </P>
                <P>
                  <E T="03">D. Sport Fishing.</E> We allow fishing and frogging in designated portions of the refuge subject to the following condition: We require a refuge permit. </P>
                <HD SOURCE="HD1">Mathews Brake National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> We allow hunting of mourning doves, waterfowl, and coots on designated areas of the refuge subject to the following condition: We require a refuge permit. </P>
                <P>
                  <E T="03">B. Upland Game Hunting.</E> We allow hunting of quail, rabbit, squirrel, and raccoon on designated areas of the refuge subject to the following condition: We require a refuge permit. </P>
                <P>
                  <E T="03">C. Big Game Hunting.</E> We allow hunting of white-tailed deer on designated areas of the refuge subject to the following condition: We require a refuge permit. </P>
                <P>
                  <E T="03">D. Sport Fishing.</E> We allow fishing and frogging on designated portions of the refuge subject to the following condition: We require a refuge permit. </P>
                <HD SOURCE="HD1">Morgan Brake National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> We allow hunting of mourning doves, waterfowl, and coots on designated areas of the refuge subject to the following condition: We require a refuge permit. </P>
                <P>
                  <E T="03">B. Upland Game Hunting.</E> We allow hunting of quail, rabbit, squirrel, and raccoon on designated areas of the refuge subject to the following condition: We require a refuge permit. </P>
                <P>
                  <E T="03">C. Big Game Hunting.</E> We allow hunting of white-tailed deer on designated areas of the refuge subject to the following condition: We require a refuge permit. </P>
                <P>
                  <E T="03">D. Sport Fishing.</E> We allow fishing and frogging in designated portions of the refuge subject to the following condition: We require a refuge permit. </P>
                <STARS/>
                <HD SOURCE="HD1">Panther Swamp National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> We allow hunting of mourning doves, waterfowl, and coots on designated areas of the refuge subject to the following condition: We require a refuge permit. </P>
                <P>
                  <E T="03">B. Upland Game Hunting.</E> We allow hunting of quail, rabbit, squirrel, and raccoon on designated areas of the refuge subject to the following condition: We require a refuge permit. </P>
                <P>
                  <E T="03">C. Big Game Hunting.</E> We allow hunting of white-tailed deer and turkey on designated areas of the refuge subject to the following condition: We require a refuge permit. </P>
                <P>
                  <E T="03">D. Sport Fishing.</E> We allow fishing and frogging in designated portions of the refuge subject to the following condition: We require a refuge permit. </P>
                <STARS/>
                <HD SOURCE="HD1">Yazoo National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> We allow hunting of waterfowl on designated areas of the refuge subject to the following condition: We require a refuge permit. Please consult the refuge brochure for species information. </P>
                <P>
                  <E T="03">B. Upland Game Hunting.</E> We allow hunting of rabbit, squirrel, and raccoon on designated areas of the refuge subject to the following condition: We require a refuge permit. </P>
                <P>
                  <E T="03">C. Big Game Hunting.</E> We allow hunting of white-tailed deer and turkey on designated areas of the refuge subject to the following condition: We require a refuge permit. </P>
                <P>
                  <E T="03">D. Sport Fishing.</E> [Reserved]</P>
              </EXTRACT>
              
            </SECTION>
          </REGTEXT>
          <REGTEXT PART="32" TITLE="50">
            <AMDPAR>19. In § 32.44 Missouri by:</AMDPAR>
            <AMDPAR>a. Alphabetically adding Clarence Cannon National Wildlife Refuge;</AMDPAR>
            <AMDPAR>b. Alphabetically adding Great River National Wildlife Refuge;</AMDPAR>
            <AMDPAR>c. Removing Mark Twain National Wildlife Refuge;</AMDPAR>
            <AMDPAR>d. Alphabetically adding Middle Mississippi River National Wildlife Refuge; and</AMDPAR>
            <AMDPAR>e. Alphabetically adding Two Rivers National Wildlife Refuge to read as follows: </AMDPAR>
            <SECTION>
              <SECTNO>§ 32.44 </SECTNO>
              <SUBJECT>Missouri. </SUBJECT>
              <STARS/>
              <EXTRACT>
                <HD SOURCE="HD1">Clarence Cannon National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> [Reserved] </P>
                <P>
                  <E T="03">B. Upland Game Hunting.</E> [Reserved] </P>
                <P>
                  <E T="03">C. Big Game Hunting.</E> We allow hunting of white-tailed deer on designated areas of the refuge subject to posted regulations. </P>
                <P>
                  <E T="03">D. Sport Fishing.</E> We allow fishing on designated areas of the refuge subject to posted regulations. </P>
                <HD SOURCE="HD1">Great River National Wildlife Refuge </HD>
                <P>Refer to § 32.32 Illinois for regulations. </P>
                <HD SOURCE="HD1">Middle Mississippi River National Wildlife Refuge </HD>
                <P>Refer to § 32.32 Illinois for regulations. </P>
                <STARS/>
                <PRTPAGE P="46360"/>
                <HD SOURCE="HD1">Two Rivers National Wildlife Refuge </HD>
                <P>Refer to § 32.32 Illinois for regulations.</P>
              </EXTRACT>
              
            </SECTION>
          </REGTEXT>
          <REGTEXT PART="32" TITLE="50">
            <AMDPAR>20. In § 32.47 Nevada by revising paragraphs A. and D. of Ruby Lake National Wildlife Refuge to read as follows: </AMDPAR>
            <SECTION>
              <SECTNO>§ 32.47 </SECTNO>
              <SUBJECT>Nevada. </SUBJECT>
              <STARS/>
              <EXTRACT>
                <HD SOURCE="HD1">Ruby Lake National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> We allow hunting of geese, ducks, coots, moorhens, and snipe on designated areas of the refuge in accordance with State laws and subject to the following conditions: </P>
                <P>1. The refuge is open to the public from 1 hour before sunrise until 2 hours after sunset. </P>
                <P>2. We do not allow off-road vehicles on the refuge. </P>
                <P>3. We do not allow permanent or pit blinds on the refuge. You must remove all blind materials and decoys following each day's hunt. </P>
                <STARS/>
                <P>
                  <E T="03">D. Sport Fishing.</E> We allow fishing on designated areas of the refuge in accordance with State laws and subject to the following conditions: </P>
                <P>1. The refuge is open to the public from 1 hour before sunrise until 2 hours after sunset. </P>
                <P>2. We allow fishing only from the dikes in the areas north of the Brown Dike and east of the Collection Ditch, with the exception that you may fish from foot-propelled, personal flotation devices (float tubes) in designated areas. </P>
                <P>3. We prohibit fishing from the bank on the South Marsh except at Brown Dike, the Main Boat Landing, and Narciss Boat Landing. </P>
                <P>4. You may use only artificial lures in the Collection Ditch and spring ponds adjoining the ditch. </P>
                <P>5. We do not allow boats on the refuge beginning January 1 through June 14. </P>
                <P>6. During the boating season, we allow boats only on the South Marsh. Beginning June 15 through July 31, we allow only motorless boats or boats with battery-powered electric motors. Beginning August 1 through December 31, we allow only motorless boats and boats propelled by motors with a total of 10 hp or less. </P>
                <P>7. You may launch boats only from designated landings. </P>
                <P>8. We do not allow storage of boats of any kind on the refuge beginning January 1 through May 31. </P>
                <P>9. We do not allow off-road vehicles on the refuge. </P>
                <STARS/>
              </EXTRACT>
            </SECTION>
          </REGTEXT>
          <REGTEXT PART="32" TITLE="50">
            <AMDPAR>21. In § 32.49 New Jersey by revising paragraphs A., C.5., and D. of Supawna Meadows National Wildlife Refuge to read as follows: </AMDPAR>
            <SECTION>
              <SECTNO>§ 32.49 </SECTNO>
              <SUBJECT>New Jersey. </SUBJECT>
              <STARS/>
              <EXTRACT>
                <HD SOURCE="HD1">Supawna Meadows National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> We allow hunting of geese and ducks on designated areas of the refuge during designated refuge seasons subject to the following conditions: </P>
                <P>1. We allow loaded and uncased firearms in an unanchored boat only when retrieving crippled birds. </P>
                <P>2. You must remove all hunting blind materials, boats, and decoys following each day's hunt. We do not allow permanent blinds. </P>
                <P>3. You may possess only approved nontoxic shot while in the field. </P>
                <STARS/>
                <P>
                  <E T="03">C. Big Game Hunting.</E> * * *</P>
                <STARS/>
                <P>5. You may only use single-projectile ammunition when hunting from a stand elevated at least 6 feet (1.8 m) above ground level and only in firearms equipped with adjustable sights or a scope. Hunters may use buckshot when hunting from the ground or from stands less than 6 feet above ground level. </P>
                <P>
                  <E T="03">D. Sport Fishing.</E> We allow fishing and crabbing on the refuge in designated areas subject to the following conditions: </P>
                <P>1. We prohibit the taking of frogs, salamanders, and turtles from all nontidal waters and refuge lands. </P>
                <P>2. We prohibit fishing in designated nontidal waters from sunset to sunrise. </P>
                <P>3. We prohibit bow fishing in nontidal waters. </P>
                <STARS/>
              </EXTRACT>
            </SECTION>
          </REGTEXT>
          <REGTEXT PART="32" TITLE="50">
            <AMDPAR>22. In § 32.50 New Mexico by:</AMDPAR>
            <AMDPAR>a. Revising Bitter Lake National Wildlife Refuge; and</AMDPAR>
            <AMDPAR>b. Revising paragraph C. of Bosque del Apache National Wildlife Refuge to read as follows: </AMDPAR>
            <SECTION>
              <SECTNO>§ 32.50 </SECTNO>
              <SUBJECT>New Mexico. </SUBJECT>
              <STARS/>
              <EXTRACT>
                <HD SOURCE="HD1">Bitter Lake National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> We allow hunting of geese, ducks, coots, mourning doves, and sandhill cranes on designated areas of the refuge subject to the following conditions: </P>
                <P>1. You may hunt during seasons, dates, times, and areas posted by signs and/or indicated on refuge leaflets, special regulations, and maps available at the refuge office. </P>
                <P>2. You may possess only approved nontoxic shot while in the field. </P>
                <P>3. We do not allow pit or permanent blinds. </P>
                <P>4. Neither hunters nor dogs may enter closed areas to retrieve game. </P>
                <P>
                  <E T="03">B. Upland Game Hunting.</E> We allow hunting of pheasant, quail, cottontail, and jack rabbit on designated areas of the refuge subject to the following conditions: </P>
                <P>1. We allow hunting during seasons, dates, times, and areas as posted by signs and/or indicated on refuge leaflets, special regulations, and maps available at the refuge office. </P>
                <P>2. You may possess only approved nontoxic shot while in the field. </P>
                <P>
                  <E T="03">C. Big Game Hunting.</E> We allow hunting of mule deer and white-tailed deer on designated areas of the refuge subject to the following condition: We allow hunting during seasons, dates, times, and areas as posted by signs and/or indicated on refuge leaflets, special regulations, and maps available at the refuge office. </P>
                <P>
                  <E T="03">D. Sport Fishing.</E> [Reserved] </P>
                <HD SOURCE="HD1">Bosque del Apache National Wildlife Refuge </HD>
                <STARS/>
                <P>
                  <E T="03">C. Big Game Hunting.</E> We allow hunting of mule deer on designated areas of the refuge subject to the following conditions: </P>
                <P>1. Refer to refuge map for designated areas. </P>
                <P>2. Hunts are subject to State regulations and seasons. </P>
                <STARS/>
              </EXTRACT>
            </SECTION>
          </REGTEXT>
          <REGTEXT PART="32" TITLE="50">
            <AMDPAR>23. In § 32.52 North Carolina by:</AMDPAR>
            <AMDPAR>a. Revising paragraph D. of Pea Island National Wildlife Refuge; and</AMDPAR>
            <AMDPAR>b. Revising paragraphs A., B.1., and C. of Roanoke River National Wildlife Refuge to read as follows: </AMDPAR>
            <SECTION>
              <SECTNO>§ 32.52 </SECTNO>
              <SUBJECT>North Carolina. </SUBJECT>
              <STARS/>
              <EXTRACT>
                <HD SOURCE="HD1">Pea Island National Wildlife Refuge </HD>
                <STARS/>
                <P>
                  <E T="03">D. Sport Fishing.</E> We allow fishing and crabbing on designated areas of the refuge subject to the following conditions: </P>
                <P>1. We prohibit fishing and crabbing in North Pond, South Pond, and Newfield impoundments. </P>
                <P>2. We require a refuge permit for night fishing. </P>
                <STARS/>
                <HD SOURCE="HD1">Roanoke River National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds. </E>We allow hunting of ducks and coots on designated areas of the refuge subject to the following condition: We require a State-issued refuge permit. </P>
                <P>
                  <E T="03">B. Upland Game Hunting. </E>* * * </P>
                <P>1. We require a State-issued refuge permit. </P>
                <STARS/>
                <P>
                  <E T="03">C. Big Game Hunting. </E>We allow hunting of white-tailed deer and turkey on designated areas of the refuge subject to the following condition: We require a State-issued refuge permit. </P>
              </EXTRACT>
              <STARS/>
            </SECTION>
          </REGTEXT>
          <REGTEXT PART="32" TITLE="50">
            <AMDPAR>24. In § 32.53 North Dakota by: </AMDPAR>
            <AMDPAR>a. Revising Lake Alice National Wildlife Refuge; </AMDPAR>
            <AMDPAR>b. Revising paragraph C.2. of Long Lake National Wildlife Refuge; and </AMDPAR>
            <AMDPAR>c. Revising paragraph C. of Slade National Wildlife Refuge to read as follows: </AMDPAR>
            <SECTION>
              <SECTNO>§ 32.53 </SECTNO>
              <SUBJECT>North Dakota. </SUBJECT>
              <STARS/>
              <EXTRACT>
                <HD SOURCE="HD1">Lake Alice National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> We allow hunting of geese, tundra swans, ducks, coots, and mourning doves on designated areas of the refuge; consult refuge publication. </P>
                <P>
                  <E T="03">B. Upland Game Hunting.</E> We allow upland game and furbearer hunting on <PRTPAGE P="46361"/>designated portions of the refuge at certain times of the year; consult refuge publication. </P>
                <P>
                  <E T="03">C. Big Game Hunting.</E> We allow special refuge permit holders to hunt deer and fox with rifles during the State firearm deer season on designated portions of the refuge subject to the following conditions: </P>
                <P>1. We allow fox hunting on certain areas of the refuge outside of the State firearm deer season without a special refuge permit; consult refuge publication. </P>
                <P>2. We allow archery hunting on designated portions of the refuge; consult refuge publication. </P>
                <P>
                  <E T="03">D. Sport Fishing.</E> [Reserved] </P>
                <STARS/>
                <HD SOURCE="HD1">Long Lake National Wildlife Refuge </HD>
                <STARS/>
                <P>
                  <E T="03">C. Big Game Hunting.</E>
                </P>
                <STARS/>
                <P>2. We restrict archery hunters to the portions of the refuge open to firearm deer hunting during the State firearm deer season. Prior to and following the firearm deer season, we open additional refuge areas as designated to archery deer hunting. </P>
                <STARS/>
                <HD SOURCE="HD1">Slade National Wildlife Refuge </HD>
                <STARS/>
                <P>
                  <E T="03">C. Big Game Hunting.</E> We allow hunting of deer on designated areas of the refuge subject to the following condition: Hunters may enter the refuge on foot only. </P>
              </EXTRACT>
              <STARS/>
            </SECTION>
          </REGTEXT>
          <REGTEXT PART="32" TITLE="50">
            <P>25. In § 32.55 Oklahoma by: </P>
            <AMDPAR>a. Revising paragraphs A., B., C., and revising the introductory text of paragraph D. and paragraph D.1. of Deep Fork National Wildlife Refuge; </AMDPAR>
            <AMDPAR>b. Adding paragraph A.6., revising paragraph B.5., the introductory text of paragraph C. and paragraph C.1., adding paragraphs C.3. and C.4., and revising the introductory text of paragraph D. and paragraph D.1. of Little River National Wildlife Refuge; and </AMDPAR>
            <AMDPAR>c. Adding paragraph B.3. of Washita National Wildlife Refuge to read as follows: </AMDPAR>
            <SECTION>
              <SECTNO>§ 32.55 </SECTNO>
              <SUBJECT>Oklahoma. </SUBJECT>
              <STARS/>
              <EXTRACT>
                <HD SOURCE="HD1">Deep Fork National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> You may hunt ducks in designated areas of the refuge subject to the following condition: You must possess a refuge permit. </P>
                <P>
                  <E T="03">B. Upland Game Hunting.</E> You may hunt squirrel, rabbit, and raccoon in designated areas of the refuge subject to the following condition: You must possess a refuge permit. </P>
                <P>
                  <E T="03">C. Big Game Hunting.</E> You may hunt white-tailed deer in designated areas of the refuge subject to the following condition: You must possess a refuge permit. </P>
                <P>
                  <E T="03">D. Sport Fishing.</E> You may sport fish on the refuge in designated areas subject to the following conditions: </P>
                <P>1. The refuge is open to fishing as specified in refuge leaflets, special regulations, permits, maps or as posted on signs. </P>
                <STARS/>
                <HD SOURCE="HD1">Little River National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> * </P>
                <STARS/>
                <P>6. You must obtain a refuge permit. </P>
                <P>
                  <E T="03">B. Upland Game Hunting.</E> * * *</P>
                <STARS/>
                <P>5. You must obtain a refuge permit. </P>
                <P>
                  <E T="03">C. Big Game Hunting.</E> You may hunt deer and feral hog on designated areas of the refuge subject to the following conditions: </P>
                <P>1. Deer hunters must obtain a refuge permit and pay fees. </P>
                <STARS/>
                <P>3. You may hunt feral hog during any established refuge hunting season. Refuge permits and legal weapons apply as for the current hunting season. </P>
                <P>4. You must obtain a refuge permit. </P>
                <P>
                  <E T="03">D. Sport Fishing.</E> We allow fishing on designated areas of the refuge subject to the following conditions:</P>
                <P>1. You may fish from sunrise to sunset. </P>
                <STARS/>
                <HD SOURCE="HD1">Washita National Wildlife Refuge </HD>
                <STARS/>
                <P>
                  <E T="03">B. Upland Game Hunting.</E>
                </P>
                <STARS/>
                <P>3. You may possess only approved nontoxic shot while in the field. </P>
              </EXTRACT>
              <STARS/>
            </SECTION>
          </REGTEXT>
          <REGTEXT PART="32" TITLE="50">
            <AMDPAR>26. In § 32.56 Oregon by revising paragraphs A.1. and C. of Malheur National Wildlife Refuge to read as follows: </AMDPAR>
            <SECTION>
              <SECTNO>§ 32.56 </SECTNO>
              <SUBJECT>Oregon. </SUBJECT>
              <STARS/>
              <EXTRACT>
                <HD SOURCE="HD1">Malheur National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> * * *</P>
                <P>1. We allow only nonmotorized boats or boats with electric motors. </P>
                <STARS/>
                <P>
                  <E T="03">C. Big Game Hunting.</E> We allow hunting of deer and pronghorn during the authorized State seasons on the refuge area west of Highway 205 and south of Foster Road. </P>
              </EXTRACT>
            </SECTION>
          </REGTEXT>
          <STARS/>
          <REGTEXT PART="32" TITLE="50">
            <AMDPAR>27. In § 32.57 Pennsylvania by revising paragraph B.1. of Erie National Wildlife Refuge to read as follows: </AMDPAR>
            <SECTION>
              <SECTNO>§ 32.57 </SECTNO>
              <SUBJECT>Pennsylvania. </SUBJECT>
              <STARS/>
              <EXTRACT>
                <HD SOURCE="HD1">Erie National Wildlife Refuge </HD>
                <STARS/>
                <P>
                  <E T="03">B. Upland Game Hunting.</E> * * *</P>
                <P>1. We require refuge permits for hunting fox, raccoon, and coyote. </P>
                <STARS/>
              </EXTRACT>
            </SECTION>
          </REGTEXT>
          <REGTEXT PART="32" TITLE="50">
            <AMDPAR>28. In § 32.60 South Carolina by revising paragraphs A., B., and C., of Santee National Wildlife Refuge to read as follows: </AMDPAR>
            <SECTION>
              <SECTNO>§ 32.60 </SECTNO>
              <SUBJECT>South Carolina. </SUBJECT>
              <STARS/>
              <EXTRACT>
                <HD SOURCE="HD1">Santee National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> We allow hunting of mourning doves on designated areas of the refuge subject to the following condition: We require a refuge permit. </P>
                <P>
                  <E T="03">B. Upland Game Hunting.</E> We allow hunting on designated areas of the refuge subject to the following condition: We require a refuge permit. </P>
                <P>
                  <E T="03">C. Big Game Hunting.</E> We allow hunting of white-tailed deer on designated areas of the refuge subject to the following condition: We require a refuge permit. </P>
                <STARS/>
              </EXTRACT>
            </SECTION>
          </REGTEXT>
          <REGTEXT PART="32" TITLE="50">
            <AMDPAR>29. In § 32.61 South Dakota by revising paragraphs A. and D. of Lacreek National Wildlife Refuge to read as follows: </AMDPAR>
            <SECTION>
              <SECTNO>§ 32.61 </SECTNO>
              <SUBJECT>South Dakota. </SUBJECT>
              <STARS/>
              <EXTRACT>
                <HD SOURCE="HD1">Lacreek National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> We allow waterfowl hunting on designated areas of the refuge in accordance with State law. </P>
                <STARS/>
                <P>
                  <E T="03">D. Sport Fishing.</E> We allow fishing in areas posted as open in accordance with State law. </P>
              </EXTRACT>
              <STARS/>
            </SECTION>
          </REGTEXT>
          <REGTEXT PART="32" TITLE="50">
            <AMDPAR>30. In § 32.62 Tennessee by revising paragraphs B., C., and D.4. of Cross Creeks National Wildlife Refuge to read as follows: </AMDPAR>
            <SECTION>
              <SECTNO>§ 32.62 </SECTNO>
              <SUBJECT>Tennessee. </SUBJECT>
              <STARS/>
              <EXTRACT>
                <HD SOURCE="HD1">Cross Creeks National Wildlife Refuge </HD>
                <STARS/>
                <P>
                  <E T="03">B. Upland Game Hunting.</E> We allow hunting of squirrel on designated areas of the refuge subject to the following condition: We require a refuge permit. </P>
                <P>
                  <E T="03">C. Big Game Hunting.</E> We allow hunting of white-tailed deer and turkey on designated areas of the refuge subject to the following condition: We require a refuge permit. </P>
                <P>
                  <E T="03">D. Sport Fishing.</E> * * *</P>
                <STARS/>
                <P>4. Fish lengths and daily creel limits established for Barley Reservoir by the Tennessee Wildilfe Resources Agency apply to all waters within the boundary of the refuge. </P>
              </EXTRACT>
              <STARS/>
            </SECTION>
          </REGTEXT>
          <REGTEXT PART="32" TITLE="50">
            <AMDPAR>31. In § 32.63 Texas by: </AMDPAR>
            <AMDPAR>a. Revising paragraphs C. and D. of Aransas National Wildlife Refuge; and </AMDPAR>
            <AMDPAR>b. Revising paragraph A.5. and adding paragraphs C.9., C.10., and C.11. of Balcones Canyonlands National Wildlife Refuge to read as follows: </AMDPAR>
            <SECTION>
              <SECTNO>§ 32.63 </SECTNO>
              <SUBJECT>Texas. </SUBJECT>
              <STARS/>
              <EXTRACT>
                <HD SOURCE="HD1">Aransas National Wildlife Refuge </HD>
                <STARS/>
                <PRTPAGE P="46362"/>
                <P>
                  <E T="03">C. Big Game Hunting.</E> We allow hunting of white-tailed deer and feral hog on designated areas of the refuge subject to the following conditions: </P>
                <P>1. We may immediately close the entire refuge or any portion thereof to hunting in the event of the appearance of whooping cranes in the hunt area. </P>
                <P>2. You must obtain a refuge permit and pay a fee. </P>
                <P>3. You may not use dogs to trail game. </P>
                <P>4. You may not possess alcoholic beverages while on the refuge. </P>
                <P>5. We will annually designate bag limits in the refuge hunt brochure. </P>
                <P>6. We allow archery hunting in October within the deer season for the county on specified days listed in the refuge hunt brochure. </P>
                <P>7. We allow firearm hunting in November within the deer season for the county on specified days listed in the refuge hunt brochure. </P>

                <P>8. Firearm hunters must wear a total of 400 square inches (10.16 m<E T="51">2</E>) hunter orange including 144 square inches (936 cm<E T="51">2</E>) visible in front and 144 square inches visible in rear. Some hunter orange must appear on head gear. </P>
                <P>9. You must unload and encase all firearms while in a vehicle. </P>
                <P>10. You may not hunt on or across any part of the refuge road system, or hunt from a vehicle on any refuge road or road right-of-way. </P>
                <P>11. You may hunt white-tailed deer and feral hog on designated areas of Matagorda Island in accordance with the State permit system as administered by Texas Parks and Wildlife Department. </P>
                <P>
                  <E T="03">D. Sport Fishing.</E> We allow fishing on designated areas of the refuge subject to the following conditions: </P>
                <P>1. You may not use crab traps in any refuge marshes, including Matagorda Island. </P>
                <P>2. Beginning April 15 through October 15, you may fish on the refuge only in areas designated in the refuge fishing brochure. </P>
                <P>3. You may fish all year in marshes on Matagorda Island and in areas designated in the refuge fishing brochure. </P>
                <HD SOURCE="HD1">Balcones Canyonlands National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> * * *</P>
                <STARS/>
                <P>5. We allow dogs to retrieve game birds during the hunt, but the dogs must be under control of the handler at all times and not allowed to roam free. </P>
                <STARS/>
                <P>C. Big Game Hunting. * * *</P>
                <STARS/>
                <P>9. You may not use dogs for hunting. </P>
                <P>10. You may not camp. </P>
                <P>11. You may only use vehicles on designated roads and parking areas. </P>
                <STARS/>
              </EXTRACT>
            </SECTION>
          </REGTEXT>
          <REGTEXT PART="32" TITLE="50">
            <AMDPAR>32. In § 32.67 Washington by: </AMDPAR>
            <AMDPAR>a. Removing Arid Lands National Wildlife Refuge Complex; </AMDPAR>
            <AMDPAR>b. Alphabetically adding Hanford Reach National Monument/Saddle Mountain National Wildlife Refuge; and</AMDPAR>
            <AMDPAR>c. Revising paragraphs A. and C. of Willapa National Wildlife Refuge to read as follows: </AMDPAR>
            <SECTION>
              <SECTNO>§ 32.67 </SECTNO>
              <SUBJECT>Washington. </SUBJECT>
              <STARS/>
              <EXTRACT>
                <HD SOURCE="HD1">Hanford Reach National Monument/Saddle Mountain National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> We allow hunting of geese, ducks, coots, mourning doves, and common snipe on the Wahluke Unit and designated Columbia River islands (those islands downstream of the Bonneville Powerline crossing, between River Mile 351 and 341) of the Monument/Refuge in accordance with State regulations and subject to the following conditions: </P>
                <P>1. You may possess only approved nontoxic shot while on the refuge. </P>
                <P>2. We allow access from 2 hours before sunrise to 2 hours after sunset. We do not allow overnight camping and/or parking. </P>
                <P>3. We close the furthest downstream island (Columbia River Mile 341-343) to hunting. </P>
                <P>
                  <E T="03">B. Upland Game Hunting.</E> We allow hunting of pheasant, quail, and partridge on designated areas on the Wahluke Unit of the Monument/Refuge in accordance with State regulations and subject to the conditions listed below: </P>
                <P>1. You may possess only approved nontoxic shot while on the refuge. </P>
                <P>2. We allow only shotguns and archery hunting. </P>
                <P>3. We allow access from 2 hours before sunrise to 2 hours after sunset. We prohibit overnight camping and/or parking. </P>
                <P>
                  <E T="03">C. Big Game Hunting.</E> We allow hunting of deer on the Wahluke Unit of the Monument/Refuge in accordance with State regulations and subject to the following conditions: </P>
                <P>1. We allow only shotguns, muzzleloaders, and archery hunting. </P>
                <P>2. We allow access from 2 hours before sunrise to 2 hours after sunset. We prohibit overnight camping and/or parking. </P>
                <P>
                  <E T="03">D. Sport Fishing.</E> We allow fishing on the Wahluke Unit and designated Columbia River islands of the Monument/Refuge (those islands downstream of the Bonneville Powerline crossing, between River Mile 351 and 341) in accordance with State regulations and subject to the following conditions: </P>
                <P>1. We allow access to the islands from July 1 to September 30, except for Islands 18 and 19 (downstream of Johnson Island), where we allow access from July 31 to September 30. </P>
                <P>2. We allow access from 2 hours before sunrise to 2 hours after sunset. We prohibit overnight camping and/or parking. </P>
                <P>3. We allow nonmotorized boats and boats with electric motors on the WB-10 Ponds, with walk-in access only. </P>
                <STARS/>
                <HD SOURCE="HD1">Willapa National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> We allow hunting of geese, ducks, coots, and snipe on designated areas of Riekkola, Lewis, Tarlatt Slough, and Leadbetter Units in accordance with State hunting regulations and subject to the following conditions: </P>
                <P>1. Prior to entering the hunt area at the Riekkola and Tarlatt Slough Units, we require you to obtain a refuge permit, pay a recreation user fee, and obtain a blind assignment. </P>
                <P>2. At the Riekkola and Tarlatt Slough Units, you may take ducks and coots only coincidental to hunting geese. </P>
                <P>3. We allow hunting on Wednesday and Saturday in the Riekkola and Tarlatt Slough Units only from established blinds. </P>
                <P>4. At the Lewis Unit, we prohibit hunting from the outer dike that separates the bay from the freshwater wetlands. </P>
                <P>5. At the Riekkola and Tarlatt Slough Units, you may possess no more than 25 approved nontoxic shells per day while in the field. </P>
                <P>6. At the Leadbetter Unit, you may possess only approved nontoxic shot. </P>
                <STARS/>
                <P>
                  <E T="03">C. Big Game Hunting.</E> We allow hunting of deer, elk, and bear on Long Island and on designated areas of the Bear River Unit, in accordance with State hunting regulations and subject to the following conditions: </P>
                <P>1. At Long Island you must possess a valid refuge permit and report game taken, as specified with the permit. </P>
                <P>2. At Long Island we allow only archery hunting and prohibit firearms. </P>
                <P>3. At Bear River we do not allow bear hunting. </P>
                <P>4. We prohibit dogs.</P>
              </EXTRACT>
              <STARS/>
            </SECTION>
          </REGTEXT>
          <REGTEXT PART="32" TITLE="50">
            <AMDPAR>33. In § 32.69 Wisconsin by:</AMDPAR>
            <AMDPAR>a. Revising paragraph C.1. of Fox River National Wildlife Refuge;</AMDPAR>
            <AMDPAR>b. Revising paragraph D. of Horicon National Wildlife Refuge;</AMDPAR>
            <AMDPAR>c. Revising paragraphs A. and B. of St. Croix Wetland Management District; and</AMDPAR>
            <AMDPAR>d. Revising Trempealeau National Wildlife Refuge to read as follows: </AMDPAR>
            <SECTION>
              <SECTNO>§ 32.69 </SECTNO>
              <SUBJECT>Wisconsin. </SUBJECT>
              <STARS/>
              <EXTRACT>
                <HD SOURCE="HD1">Fox River National Wildlife Refuge </HD>
                <STARS/>
                <P>
                  <E T="03">C. Big Game Hunting.</E> * * *</P>
                <P>1. We require refuge permits during designated time periods. </P>
                <STARS/>
                <HD SOURCE="HD1">Horicon National Wildlife Refuge </HD>
                <STARS/>
                <P>
                  <E T="03">D. Sport Fishing.</E> We allow fishing on designated areas of the refuge subject to the following condition: We allow only bank fishing. </P>
                <STARS/>
                <HD SOURCE="HD1">St. Croix Wetland Management District </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> We allow hunting of migratory game birds throughout the district except that you may not hunt on designated portions posted as closed of the St. Croix Prairie Waterfowl Production Area (WPA) in St. Croix County. </P>
                <P>
                  <E T="03">B. Upland Game Hunting.</E> We allow hunting of upland game throughout the district except that you may not hunt on designated portions posted as closed of the St. Croix Prairie WPA in St. Croix County. </P>
                <STARS/>
                <PRTPAGE P="46363"/>
                <HD SOURCE="HD1">Trempealeau National Wildlife Refuge </HD>
                <P>
                  <E T="03">A. Hunting of Migratory Game Birds.</E> We allow hunting of migratory game birds on designated areas of the refuge subject to the following condition: We require a refuge permit. </P>
                <P>
                  <E T="03">B. Upland Game Hunting.</E> We allow hunting of upland game on designated areas of the refuge subject to the following condition: We require a refuge permit. </P>
                <P>
                  <E T="03">C. Big Game Hunting.</E> We allow hunting of white-tailed deer on designated areas of the refuge subject to the following condition: We require a refuge permit. </P>
                <P>
                  <E T="03">D. Sport Fishing.</E> We allow fishing on designated areas of the refuge subject to the following conditions: </P>
                <P>1. We allow only hand-powered boats or boats with electric motors on the refuge. </P>
                <P>2. You must remove ice fishing shelters from the refuge following each day's hunt. </P>
                <P>3. We prohibit possessing archery or spearing equipment on refuge pools at any time. We allow taking rough fish by bow and arrow or spear only along the refuge boundary in the backwaters of the Trempealeau River, in accordance with State regulations.</P>
              </EXTRACT>
              <STARS/>
            </SECTION>
          </REGTEXT>
          <REGTEXT PART="32" TITLE="50">
            <AMDPAR>34. In § 32.72 Guam by revising paragraph D. of Guam National Wildlife Refuge to read as follows: </AMDPAR>
            <SECTION>
              <SECTNO>§ 32.72 </SECTNO>
              <SUBJECT>Guam. </SUBJECT>
              <STARS/>
              <EXTRACT>
                <HD SOURCE="HD1">Guam National Wildlife Refuge </HD>
                <STARS/>
                <P>
                  <E T="03">D. Sport Fishing.</E> Anglers may fish and collect marine life on designated areas of the refuge only in accordance with refuge and Government of Guam laws and regulations. The leaflet is available at the refuge headquarters and anglers are subject to the following additional conditions: </P>
                <P>1. Anglers may be on the refuge from 8:30 a.m. until 5:00 p.m. daily, except Thanksgiving, Christmas, and New Year's Day. </P>
                <P>2. We prohibit overnight camping on the refuge. </P>
                <P>3. You may not possess surround or gill nets on the refuge. </P>

                <P>4. We prohibit the collection of corals, giant clams (<E T="03">Tridacna</E> and <E T="03">Hippopus</E> spp.), and coconut crabs (<E T="03">Birgus latro</E>) on the refuge.</P>
              </EXTRACT>
            </SECTION>
          </REGTEXT>
          <SIG>
            <DATED>Dated: August 23, 2001. </DATED>
            <NAME>Joseph E. Doddridge, </NAME>
            <TITLE>Acting Assistant Secretary for Fish and Wildlife and Parks. </TITLE>
          </SIG>
        </SUPLINF>
        <FRDOC>[FR Doc. 01-22035 Filed 8-31-01; 8:45 am] </FRDOC>
        <BILCOD>BILLING CODE 4310-55-P </BILCOD>
      </RULE>
    </RULES>
  </NEWPART>
</FEDREG>
