Forest Service
Natural Resources Conservation Service
Rural Housing Service
Rural Utilities Service
Foreign-Trade Zones Board
International Trade Administration
National Oceanic and Atmospheric Administration
Federal Energy Regulatory Commission
Western Area Power Administration
Centers for Disease Control and Prevention
Children and Families Administration
Food and Drug Administration
Fish and Wildlife Service
Indian Affairs Bureau
Land Management Bureau
Surface Mining Reclamation and Enforcement Office
Immigration and Naturalization Service
Occupational Safety and Health Administration
Coast Guard
Federal Aviation Administration
National Highway Traffic Safety Administration
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.
To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions.
Rural Utilities Service, USDA.
Final rule; technical correction.
The Rural Utilities Service (RUS) published in the
Effective January 30, 2003.
Roberta D. Purcell, Assistant Administrator, Telecommunications Program, Rural Utilities Service, U.S. Department of Agriculture, 1400 Independence Avenue, SW., STOP 1590, Room 4056, Washington, DC 20250-1590. Telephone number (202) 720-9554, Facsimile (202) 720-0810.
In FR Doc. 03-2199, published on January 30, 2003, at 68 FR 4684, make the following correction:
1. On page 4688, in column one, in the fourth line of § 1738.10(b), in the fourth line, remove “telecommunications loan made under”, and add, “telecommunications loan made or guaranteed under” in its place.
Immigration and Naturalization Service, Justice.
Interim rule with request for comments.
On January 24, 2003, the Immigration and Naturalization Service (Service) published an interim rule in the
Please submit written comments to the Director, Regulations and Forms Services Division, Immigration and Naturalization Service, 425 I Street NW., Room 4034, Washington DC 20536. To ensure proper handling, please reference INS Number 2260-03 on your correspondence. You may also submit comments electronically at
Paul Schlesinger, Chief, Immigration Services Branch, Office of Budget, Immigration and Naturalization Service, 425 I Street NW., Room 5307, Washington, DC 20536, telephone (202) 514-3410.
As a federal agency, the Immigration and Naturalization Service (Service) long has had statutory authority to charge fees for services provided.
In subsequent legislation, the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1991, Pub. L. No. 101-515, sec. 210(d), 104
The House Conference Report to the bill, entitled “Making Appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies for the Fiscal Year Ending September 30, 1996, and For Other Purposes'' H.R. Conf. Rep. No. 104-378, at 82 (1995), directs the Service to fund the cost of the Cuban-Haitian Entrant Program from the IEFA. The Report states “(t)he conferees have also agreed that the activities related to the resettlement of Cubans and Haitians should be transferred to the * * * Service and that the costs of these activities should be supported by the [IEFA].”
In a final rule effective October 13, 1998, (except for the Form N-400, which took effect on January 15, 1999) the Service raised the majority of fees to recover the full costs of processing immigration benefit applications, and added a “surcharge” setting the fees at a level sufficient to fund the processing of asylum and refugee applications as well as those immigration benefit applications processed at no charge to applicants/petitioners. The Service subsequently adjusted the levels of fees in the IEFA, after notice and comment, effective February 19, 2002.
In section 457 of the Homeland Security Act of 2002, Congress amended section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)) by striking “services, including the costs of similar services provided without charge to asylum applicants or other immigrants.” and inserting “services.”. This amendment effectively repealed the statutory basis for surcharges. Accordingly, the Service reduced the immigration benefit application fees by an average of $50, or 25 percent, for the surcharges applied to the majority of immigration benefit applications (see 68 FR 3798, dated January 24, 2003).
In section 107 of Homeland Security Act Amendments of 2003, Congress amended the Homeland Security Act by striking section 457, including the amendment made by such section. As a result, the Service is once again authorized to add a surcharge to immigration benefit applications in order to fund the processing of asylum and refugee applications as well as those immigration benefit applications processed at no charge to applicants/petitioners. Accordingly, the Service is readjusting the immigration benefit application fee schedule by adding in the surcharges that were removed on January 24, 2003, thus restoring the fees to the pre-January 24, 2003, levels. The submission of the reinstated fees reflected in the table below is required for applications submitted on or after February 27, 2003. The Service will accept applications or petitions submitted with the fee that was in effect before the publication of this interim rule, if the application or petition is postmarked on or before February 27, 2003. The following table displays the new immigration benefit application fees.
The statutory amendment restores the funding for the asylum and refugee programs and assures the continued ability of the Service to adjudicate applications for these programs. This amendment also restores funding for the adjudication of other applications for which the Service grants a fee waiver or exemption under the relevant standards, and allows the Service to once again process those applications at no charge to designated applicants and petitioners.
This interim rule is effective on February 27, 2003, although the Service invites post promulgation comments and will address any such comments in a final rule. The Service finds that good cause exists to adopt this rule without the prior notice and comment period and delayed effective date ordinarily required by 5 U.S.C. 553(b) and (d). The Service had set the pre-January 24, 2003, fee levels through a notice and comment rulemaking and this rule simply restores that same fee schedule now that Congress has reinstated the legal authority for the Service to collect fees at these levels.
Since section 107 of the Homeland Security Act Amendments of 2003 is effective upon enactment, and the past hiatus in funding the asylum and fee waiver programs has the potential for causing disruption of those programs, this rule is made effective upon publication. This rule merely restores the preexisting fee structure after a short lapse in statutory authority, and the surcharges set by this rule are needed in order to be able to fund asylum and refugee, fee waiver and exemption, and other humanitarian programs. It would be impracticable and contrary to the public interest to make this interim final rule effective 30 days after publication in the
The Acting Commissioner, Immigration and Naturalization Service, in accordance with 5 U.S.C. 605(b), has reviewed this regulation and by approving it has determined that this rule will not have a significant economic impact on a substantial number of small entities. The majority of applications and petitions are submitted by individuals and not small entities as that term is defined in 5 U.S.C. 601(6).
The Service acknowledges that a number of small entities, particularly those filing business-related applications and petitions, such as Form I-140, Immigrant Petition for Alien Worker; Form I-526, Immigrant Petition by Alien Entrepreneur; and Form I-829, Petition by Entrepreneur to Remove Conditions, may be affected by this rule. For FY 2003, the INS projects approximately 110,000 Forms I-140, 300 Forms I-526, and 200 Forms I-829 will be filed. However, this volume represents petitions filed by a variety of businesses, ranging from large multi-national corporations to small domestic businesses. The Service does not collect data on the size of the businesses filing petitions, and therefore does not know the number of small businesses that may be affected by this rule. However, even if all of the employers applying for benefits met the definition of small businesses, the resulting degree of economic impact would not require a Regulatory Flexibility Analysis to be performed.
This rule will not result in the expenditure by state, local and tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995.
This rule is not a major rule as defined by section 804 of the Small Business Regulatory Enforcement Act of 1996. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and export markets.
This rule is considered by the Department of Justice, Immigration and Naturalization Service, to be a “significant regulatory action” under Executive Order 12866, section 3(f), Regulatory Planning and Review. Accordingly, this rule has been submitted to the Office of Management and Budget (OMB) for review.
The Service has assessed both the costs and benefits of this rule as required by section 1(b)(6) of Executive Order 12866 and has made a determination that although restoring the surcharge will increase the costs to individual applicants and petitioners who submitted applications or petitions to the Service for adjudication, the benefit to other applicants and the public interest of the Service being able to continue to provide asylum, refugee, and other humanitarian programs at the funding levels intended by Congress through its repeal of section 457 substantially exceeds the costs.
The determination of the economic impact of the restoration of the immigration benefit application fee schedule to the levels that existed prior to January 24, 2003 depends on the baseline used for comparison. Although the difference in the fees collected would exceed $100 million a year if compared to the fees contained in the schedule made effective on January 24, 2003, that fee schedule is not the appropriate baseline for purposes of determining whether this rule has a economically significant regulatory impact under Executive Order 12866. By striking section 457 of the Homeland Security Act of 2002, Congress has indicated that the Service should return to the fee schedule in place prior to January 24, 2003. This interim rule merely restores the previous fee schedule. Using the pre-January 24th fee schedule as a baseline, this interim rule will not have a significant economic impact.
This rule 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. Therefore, in accordance with section 6 of Executive Order 13132, the Department of Justice has determined that this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement.
This rule meets the applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988.
This rule requires that the fees for application and petition forms identified in this interim rule be increased in light of section 107 of Homeland Security Act Amendments of 2003. Since this is merely a reinstatement of fees prior to Section 457 of Public Law 107-296, the net effect of the cost burden on the public is negligible, the Service has submitted
To ensure that the public is fully aware of these changes the new fees will be highlighted on the Service's Web site at:
Administrative practice and procedure, Authority delegations (government agencies), Freedom of Information, Privacy, Reporting and recordkeeping requirements, Surety bonds.
Accordingly, part 103 of chapter I of title 8 of the Code of Federal Regulations is amended as follows:
5 U.S.C. 552, 552(a); 8 U.S.C. 1101, 1103, 1304, 1356; 31 U.S.C. 9701; E.O. 12356, 47 FR 14874, 15557; 3 CFR, 1982 Comp., p.166; 8 CFR part 2.
(b) * * *
(1) * * *
Form I-17. For filing a petition for school approval or recertification—$580 plus $350 per additional campus listed on Form I-17B.
Form I-90. For filing an application for a Permanent Resident Card (Form I-551) in lieu of an obsolete card or in lieu of one lost, mutilated, or destroyed, or for a change in name—$130.
Form I-102. For filing a petition for an application (Form I-102) for Arrival/Departure Record (Form I-94) or Crewman's Landing (Form I-95), in lieu of one lost, mutilated, or destroyed—$100.
Form I-129. For filing a petition for a nonimmigrant worker, a base fee of $130. For filing an H-1B petition a base fee of $130 plus an additional $1,000 fee in a single remittance of $1,130. The remittance may be in the form of one or two checks (one in the amount of $1,000 and the other in the amount of $130). Payment of this additional $1,000 fee is not waivable under § 103.7(c)(1). Payment of this additional $1,000 fee is not required if an organization is exempt under § 214.2(h)(19)(iii) of this chapter, and this additional $1,000 fee also does not apply to certain filings by any employer as provided in § 214.2(h)(19)(v) of this chapter.
Form I-129F. For filing a petition to classify nonimmigrant as fiancée or fiancé under section 214(d) of the Act—$110.
Form I-130. For filing a petition to classify status of alien relative for issuance of immigrant visa under section 204(a) of the Act—$130.
Form I-131. For filing an application for travel documents—$110.
Form I-140. For filing a petition to classify preference status of an alien on the basis of profession or occupation under section 204(a) of the Act—$135.
Form I-191. For filing applications for discretionary relief under section 212(c) of the Act—$195.
Form I-192. For filing an application for discretionary relief under section 212(d)(3) of the Act, except in an emergency case, or where the approval of the application is in the interest of the United States Government—$195.
Form I-193. For filing an application for waiver of passport and/or visa—$195.
Form I-212. For filing an application for permission to reapply for an excluded, deported or removed alien, an alien who has fallen into distress, an alien who has been removed as an alien enemy, or an alien who has been removed at Government expense in lieu of deportation—$195.
Form I-485. For filing an application for permanent resident status or creation of a record of lawful permanent residence—$255 for an applicant 14 years of age or older—$160 for an applicant under the age of 14 years; no fee for an applicant filing as a refugee under section 209(a) of the Act.
Form I-526. For filing a petition for an alien entrepreneur—$400.
Form I-539. For filing an application to extend or change nonimmigrant status—$140.
Form I-600. For filing a petition to classify an orphan as an immediate relative for issuance of immigrant visa under section 204(a) of the Act. (When more than one petition is submitted by the same petitioner on behalf of orphans who are brothers or sisters, only one fee will be required.)—$460.
Form I-600A. For filing an application for advance processing of orphan petition. (When more than one petition is submitted by the same petitioner on behalf of orphans who are brothers or sisters, only one fee will be required.)—$460.
Form I-601. For filing an application for waiver of ground of inadmissibility under section 212(h) or (i) of the Act. (Only a single application and fee shall be required when the alien is applying simultaneously for a waiver under both those subsections.)—$195.
Form I-612. For filing an application for waiver of the foreign-residence requirement under section 212(e) of the Act—$195.
Form I-751. For filing a petition to remove the conditions on residence, based on marriage—$145.
Form I-765. For filing an application for employment authorization pursuant to 8 CFR 274a.13—$120.
Form I-817. For filing an application for voluntary departure under the Family Unity Program—$140.
Form I-824. For filing for action on an approved application or petition—$140.
Form I-829. For filing a petition by entrepreneur to remove conditions—$395.
Form N-400. For filing an application for naturalization—$260.
Form N-565. For filing an application for a certificate of naturalization or declaration of intention in lieu of a certificate or declaration alleged to have been lost, mutilated, or destroyed; for a certificate of citizenship in a changed name under section 343(c) of the Act; or for a special certificate of naturalization to obtain recognition as a citizen of the United States by a foreign state under section 343(b) of the Act—$155.
Form N-600. For filing an application for a certificate of citizenship under section 309(c) or section 341 of the Act—$185.
Form N-643. For filing an application for a certificate of citizenship on behalf of an adopted child—$145.
Board of Governors of the Federal Reserve System.
Final rule; determination of applicability of regulations.
The List of Foreign Margin Stocks (Foreign List) is composed of certain foreign equity securities that qualify as
March 1, 2003.
Peggy Wolffrum, Financial Analyst, Division of Banking Supervision and Regulation, (202) 452-2837, or Scott Holz, Senior Counsel, Legal Division, (202) 452-2966, Board of Governors of the Federal Reserve System, Washington, DC 20551.
Listed below is a complete edition of the Board's Foreign List. The Foreign List was last published on August 20, 2002 (67 FR 53875), and became effective September 1, 2002.
The Foreign List is composed of foreign equity securities that qualify as margin securities under Regulation T by meeting the requirements of § 220.11(c) and (d). Additional foreign securities qualify as margin securities if they are deemed by the Securities and Exchange Commission (SEC) to have a “ready market” under SEC Rule 15c3-1 (17 CFR 240.15c3-1) or a “no-action” position issued thereunder. This includes all foreign stocks in the FTSE World Index Series.
It is unlawful for any creditor to make, or cause to be made, any representation to the effect that the inclusion of a security on the Foreign List is evidence that the Board or the SEC has in any way passed upon the merits of, or given approval to, such security or any transactions therein. Any statement in an advertisement or other similar communication containing a reference to the Board in connection with the Foreign List or the stocks thereon shall be an unlawful representation.
There are no additions to the Foreign List. The following six stocks are being removed because they no longer substantially meet the provisions of § 220.11(d) of Regulation T:
The requirements of 5 U.S.C. 553 with respect to notice and public participation were not followed in connection with the issuance of this amendment due to the objective character of the criteria for inclusion and continued inclusion on the Foreign List specified in § 220.11(c) and (d). No additional useful information would be gained by public participation. The full requirements of 5 U.S.C. 553 with respect to deferred effective date have not been followed in connection with the issuance of this amendment because the Board finds that it is in the public interest to facilitate investment and credit decisions based in whole or in part upon the composition of the Foreign List as soon as possible. The Board has responded to a request by the public and allowed approximately a one-week delay before the Foreign List is effective.
Brokers, Credit, Margin, Margin requirements, Investments, Reporting and recordkeeping requirements, Securities.
By order of the Board of Governors of the Federal Reserve System, acting by its Director of the Division of Banking Supervision and Regulation pursuant to delegated authority (12 CFR 265.7(f)(10)), February 21, 2003.
Federal Aviation Administration, DOT.
Final rule; request for comments.
This amendment adopts a new airworthiness directive (AD) for the specified Sikorsky Aircraft Corporation (Sikorsky) model helicopters. This action requires determining the manufacturer of a certain part-numbered rotor brake disc (RBD) and if the manufacturer is Parker Hannifin Corporation (PHC), re-identifying the RBD as appropriate. This action also requires before the first flight of the next day following any day in which a certain RBD was used, visually inspecting the RBD for a crack. If a crack is found, this AD also requires replacing the RBD with an airworthy RBD or deactivating it as applicable depending on the nature of the crack. This amendment is prompted by the discovery that certain RBDs manufactured by PHC were improperly heat treated resulting in “soft” RBDs that have an increased wear rate compared to those heat treated in accordance with the type design requirement. Further investigation reveals that “soft” RBDs develop cracks more frequently than previously manufactured RBDs. The actions specified in this AD are intended to prevent failure of the RBD, damage to the rotor blades and nearby hydraulic and fuel lines, and subsequent loss of control of the helicopter.
Effective February 27, 2003.
Comments for inclusion in the Rules Docket must be received on or before April 28, 2003.
Submit comments in triplicate to the Federal Aviation Administration (FAA), Office of the Regional Counsel, Southwest Region, Attention: Rules Docket No. 2003-SW-06-AD, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137. You may also send comments electronically to the Rules Docket at the following address:
Terry Fahr, Aviation Safety Engineer, Boston Aircraft Certification Office, 12 New England Executive Park, Burlington, MA 01803, telephone (781) 238-7155, fax (781) 238-7199.
This amendment adopts a new AD for the specified Sikorsky model helicopters. This amendment is prompted by the discovery that a certain part-numbered RBD manufactured by PHC was improperly heat treated resulting in “soft” RBDs that have an increased wear rate compared to those heat treated in accordance with the type design requirement. Further investigation reveals that “soft” RBDs develop cracks more frequently than previously manufactured RBDs. The actions specified in this AD are intended to prevent failure of the RBD, damage to the rotor blades and nearby hydraulic and fuel lines, and subsequent loss of control of the helicopter.
The FAA has reviewed Sikorsky Alert Service Bulletin (ASB) Nos. 76-66-36, dated November 12, 2002, and 76-66-37, dated January 31, 2003. ASB No. 76-66-36 describes a one-time visual inspection of the RBD to determine the manufacturer and to reidentify the RBD if necessary. ASB No. 76-66-36 also specifies an initial and recurring inspection for certain reidentified RBDs. ASB No. 76-66-37 specifies removing certain RBDs from service and provides interim instructions for operating the helicopter until a replacement RBD is installed.
This unsafe condition is likely to exist or develop on other helicopters of these same type designs. Therefore, this AD is being issued to prevent failure of the RBD, damage to the rotor blades and nearby hydraulic and fuel lines, and subsequent loss of control of the helicopter. This AD requires the following:
• Before further flight, determine the manufacturer of each RBD by examining the part number (P/N) markings. This AD requires no further action if the manufacturer is BF Goodrich or Goodyear.
• If the RBD is manufactured by PHC, reidentify it with a P/N 76363-09103-104 or -105, as applicable, depending on the serial number of the RBD. If you cannot determine the PHC RBD serial number or the manufacturer, reidentify the RBD with P/N 76363-09103-104.
• Before the first flight of the next day following any day in which the RBD was used, visually inspect each RBD, P/N 76363-09103-104, for a crack.
• If you find a crack through the entire RBD thickness or two or more surface cracks between adjacent boltholes, replace the RBD with an airworthy RBD before further flight. If you find a surface crack or surface cracks separated by the boltholes, replace the RBD with an airworthy RBD or deactivate it before further flight.
• Replace PHC RBD, P/N 76363-09103-104, with an airworthy RBD on or before May 31, 2003, or within 60 days after the effective date of this AD, whichever occurs later.
• Replacement RBD, P/N 76363-09103-104, is not airworthy.
The short compliance time involved is required because the previously described critical unsafe condition can adversely affect the controllability of the helicopter. Therefore determining the manufacturer, reidentifying the RBD as specified, inspecting the RBD for a crack, and either replacing the RBD or deactivating it is required before further flight and this AD must be issued immediately.
Since a situation exists that requires the immediate adoption of this regulation, it is found that notice and opportunity for prior public comment hereon are impracticable, and that good cause exists for making this amendment effective in less than 30 days.
The FAA estimates that 165 helicopters will be affected by this AD, that it will take approximately 2 work hours to determine the manufacturer of the RBD, 1 hour to reidentify the RBD, 2 hours to inspect the RBD, and 6 hours to replace the RBD. The average labor rate is $60 per work hour. Required parts will cost approximately $1,250 per helicopter. Based on these figures, the total cost impact of the AD on U.S. operators is estimated to be $315,150 per helicopter, assuming all RBDs were
Although this action is in the form of a final rule that involves requirements affecting flight safety and, thus, was not preceded by notice and an opportunity for public comment, comments are invited on this rule. Interested persons are invited to comment on this rule by submitting such written data, views, or arguments as they may desire. Communications should identify the Rules Docket number and be submitted in triplicate to the address specified under the caption
Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the rule. All comments submitted will be available in the Rules Docket for examination by interested persons. A report that summarizes each FAA-public contact concerned with the substance of this AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this rule must submit a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. 2003-SW-06-AD.” The postcard will be date stamped and returned to the commenter.
The regulations adopted herein 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, it is determined that this final rule does not have federalism implications under Executive Order 13132.
The FAA has determined that this regulation is an emergency regulation that must be issued immediately to correct an unsafe condition in aircraft, and that it 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. A copy of it, if filed, may be obtained from the Rules Docket at the location provided under the caption
Air transportation, Aircraft, Aviation safety, Safety.
49 U.S.C. 106(g), 40113, 44701.
This AD applies to each helicopter 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 helicopters 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.
To prevent failure of the rotor brake disc (RBD), damage to the rotor blades and nearby hydraulic and fuel lines, and subsequent loss of control of the helicopter, accomplish the following:
(a) Before further flight, determine the manufacturer of each RBD by examining the part number (P/N) markings, and perform the required actions as follows:
(1) If the P/N is 76363-09101-102, the manufacturer is Goodyear. No further action is required by this AD.
(2) If the P/N 76363-09103-102 is pressure stamped on the RBD, the manufacturer is BF Goodrich. No further action is required by this AD.
(3) If the P/N 76363-09103-102 is electrolytically etched on the RBD, the manufacturer is Parker Hannifin Corporation (PHC). For each PHC RBD with a P/N 76363-09103-102 and serial number (S/N) other than 38 through 379, remark the P/N as P/N 76363-09103-105 using the vibropeen method. No further action is required by this AD.
(4) If the RBD serial number or the manufacturer cannot be determined and for PHC RBDs with P/N 76363-09103-102 and S/N's 38 through 379, reidentify or mark the P/N as 76363-09103-104 or replace the RBD in accordance with paragraph (c) of this AD.
Sikorsky Aircraft Corporation Alert Service Bulletin (ASB) Nos. 76-66-36, dated November 12, 2002, and ASB 76-66-37, dated January 31, 2003, pertain to the subject of this AD.
(b) Before the first flight of the next day following any day in which the RBD was used, visually inspect each RBD, P/N 76363-09103-104, for a crack, and perform the following actions.
(1) If you find a crack through the entire RBD thickness as shown in Figure 1, View A, replace the RBD with an airworthy RBD, other than P/N 76363-09103-104, before further flight.
(2) If you find two or more surface cracks between adjacent boltholes as shown in Figure 1, View B, replace the RBD with an airworthy RBD, other than P/N 76363-09103-104, before further flight.
(3) If you find a surface crack or surface cracks separated by the boltholes as shown in Figure 1, View C, replace the RBD with an airworthy RBD, other than P/N 76363-09103-104, or deactivate the RBD before further flight.
Short “glazing” cracks are not a cause for rejection.
PHC Component Maintenance Manual with Illustrated Parts List PH030-21300MM, Rotor Brake Assembly, P/N 030-21300, Revision C, dated November 1, 2002, pertains to the subject of this AD.
(c) Replace PHC RBD, P/N 76363-09103-104, with an airworthy RBD on or before May 31, 2003, or within 60 days after the effective date of this AD, whichever occurs later. Any replacement RBD, P/N 76363-09103-104, is not airworthy.
(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, Boston Aircraft Certification Office, FAA. Operators shall submit their requests through an FAA Principal Maintenance Inspector, who may concur or comment and then send it to the Manager, Boston Aircraft Certification Office.
Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Boston Aircraft Certification Office.
(e) Special flight permits will not be issued.
(f) This amendment becomes effective on February 27, 2003.
Federal Aviation Administration (FAA), DOT.
Direct final rule; request for comments; correction.
This action corrects a direct final rule; request for comments that was published in the
This direct final rule is effective on 0901 UTC, May 15, 2003.
Comments for inclusion in the Rules Docket must be received on or before March 25, 2003.
Kathy Randolph, Air Traffic Division, Airspace Branch, ACE-520C, DOT Regional Headquarters Building, Federal Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: (816) 329-2525.
Accordingly, pursuant to the authority delegated to me, the Class E2 airspace at Topeka, Philip Billard Municipal Airport, KS, as published in the
On page 6607, Column 1, third paragraph, change “ACE KS E2 Topeka, Forbes Field, KS” to read “ACE KS E2 Topeka, Philip Billard Municipal Airport, KS.”
Federal Aviation Administration (FAA) DOT.
Final rule.
This action establishes Class E airspace at Ridgely, MD. Controlled airspace extending upward from 700 feet Above Ground Level (AGL) is needed to contain aircraft operating into Ridgely Airpark, Ridgely, MD under Instrument Flight Rules (IFR).
0901 UTC May 15, 2003.
Mr. Francis Jordan, Airspace Specialist, Airspace Branch, AEA-520, Air Traffic Division, Eastern Region, Federal Aviation Administration, 1 Aviation Plaza, Jamaica, New York 11434-4809, telephone: (718) 553-4521.
On January 3, 2003, a notice proposing to amend part 71 of the Federal Aviation Regulations (14 CFR part 71) by establishing Class E airspace extending upward from 700 feet above the surface within a 6-mile radius of Ridgely Airpark, Ridgely, MD was published in the
The coordinates for this airspace docket are based on North American Datum 83. Class E airspace area designations for airspace extending upward from the surface of the earth are published in paragraph 6005 of FAA Order 7400.9K, dated August 30, 2002, and effective September 16, 2002, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document will be published in the Order.
This amendment to part 71 of the Federal Aviation Regulations (14 CFR part 71) provides controlled Class E airspace extending upward from 700 feet above the surface for aircraft conducting IFR operations within a 6-mile radius of Ridgely Airpark, Ridgely, MD.
The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation: (1) Is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule will not have significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.
Airspace, Incorporation by reference, Navigation (air).
49 U.S.C. 106(g), 40103, 40113, 40120; EO 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.
That airspace extending upward from 700 feet above the surface within a 6-mile radius of Ridgely Airpark, excluding that portion that coincides with the Centerville, MD Class E airspace areas.
Federal Aviation Administration (FAA), DOT.
Direct final rule; request for comments.
An examination of controlled airspace for Davenport, IA revealed a discrepancy in the Davenport Municipal Airport, IA airport reference point used in the legal description for the Davenport, IA Class E airspace. This action corrects the discrepancy by modifying the Davenport, IA Class E airspace and by incorporating the current Davenport Municipal Airport, IA airport reference point in the Class E airspace legal description.
This direct final rule is effective on 0901 UTC, July 10, 2003.
Comments for inclusion in the Rules Docket must be received on or before May 1, 2003.
Send comments on this proposal to the Docket Management System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh Street, SW., Washington, DC 20590-0001. You must identify the docket number FAA-2003-14461/Airspace Docket No. 03-ACE-14, at the beginning of your comments. You may also submit comments on the Internet at
Kathy Randolph, Air Traffic Division, Airspace Branch, ACE-520C, DOT Regional Headquarters Building, Federal Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: (816) 329-2525.
This amendment to 14 CFR part 71 modifies the Class E airspace designated as a surface area at Davenport, IA. It incorporates the current airport reference point for Davenport Municipal Airport, IA and brings the legal description of this airspace area in compliance with FAA Order 7400.2E, Procedures for Handling Airspace Matters. The area will be depicted on appropriate aeronautical charts. Class E airspace area designated as surface areas are published in Paragraph 6002 of FAA Order 7400.9K, dated August 30, 2002, and effective September 16, 2002, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document will be published subsequently in the Order.
The FAA anticipates that this regulation will not result in adverse or negative comment and, therefore, is issuing it as a direct final rule. Previous actions of this nature have not been controversial and have not resulted in adverse comments or objections. Unless a written adverse or negative comment, or a written notice of intent to submit an adverse or negative comment is received within the comment period, the regulation will become effective on the date specified above. After the close of the comment period, the FAA will publish a document in the
Interested parties are invited to participate in this rulemaking by submitting such written date, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2003-14461/Airspace Docket No. 03-ACE-14.” The postcard will be date/time stamped and returned to the commenter.
The regulations adopted herein 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, it is determined that this final rule does not have federalism implications under Executive Order 13132.
The FAA has determined that this regulation is noncontroversial and unlikely to result in adverse or negative comments. For the reasons discussed in the preamble, I certify that this regulation (1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under Department of Transportation (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.
Airspace, Incorporation by reference, Navigation (air).
49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.
Within a 4.1-mile radius of Davenport Municipal Airport. This Class E airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory.
Federal Aviation Administration (FAA), DOT.
Direct final rule; request for comments.
This action modifies Class E airspace at Clinton, IA. An examination of controlled airspace for Clinton, IA, initiated by National Geodetic Surveys (NGS), of Clinton Municipal Airport, IA and associated navigational aids, revealed discrepancies in the location of these navigational aids. This action corrects the discrepancies by modifying the Clinton, IA Class E2 and Class E5 airspace areas. It also incorporates the revised locations of the Davenport collocated very high frequency omni-directional radio range and tactical air navigational aid (VORTAC) and the Clinton nondirectional radio beacon (NDB) in the Class E2 and E5 airspace legal descriptions.
This direct final rule is effective on 0901 UTC, July 10, 2003.
Comments for inclusion in the Rules Docket must be received on or before May 1, 2003.
Send comments on this proposal to the Docket Management System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh Street, SW., Washington, DC 20590-0001. You must identify the docket number FAA-2003-14460/Airspace Docket No. 03-ACE-13, at the beginning of your comments. You may also submit comments on the Internet at
Kathy Randolph, Air Traffic Division, Airspace Branch, ACE-520C, DOT Regional Headquarters Building, Federal Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: (816) 329-2525.
This amendment to 14 CFR 71 modifies the Class E airspace designated as a surface area and the Class E airspace area extending upward from 700 feet or more above the surface at Clinton, IA. It incorporates the revised locations of Davenport VORTAC and Clinton NDB and brings the legal descriptions of these airspace areas into compliance with FAA Order 7400.2E, Procedures for Handling Airspace Matters. The areas will be depicted on appropriate aeronautical charts. Class E airspace areas designated as surface areas are published in Paragraph 6002 of FAA Order 7400.9K, dated August 30, 2002, and effective September 16, 2002, which is incorporated by reference in 14 CFR 71.1. Class E airspace areas extending upward from 700 feet or more above the surface of the earth are published in paragraph 6005 of the same FAA Order. The Class E designations listed in this document will be published subsequently in the Order.
The FAA anticipates that this regulation will not result in adverse or negative comment and, therefore, is issuing it as a direct final rule. Previous actions of this nature have not been controversial and have not resulted in adverse comments or objection. Unless a written adverse or negative comment, or a written notice of intent to submit an adverse or negative comment is received within the comment period, the regulation will become effective on the date specified above. After the close of the comment period, the FAA will publish a document in the
Interested parties are invited to participate in this rulemaking by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2003-14460/Airspace Docket No. 03-ACE-13.” The postcard will be date/time stamped and returned to the commenter.
The regulations adopted herein 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, it is determined that this final rule does not have federalism implications under Executive Order 13132.
The FAA has determined that this regulation is noncontroversial and unlikely to result in adverse or negative comments. For the reasons discussed in the preamble, I certify that this regulation (1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under Department of Transportation (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.
Airspace, Incorporation by reference, Navigation (air).
49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.
Within a 4.1-mile radius of Clinton Municipal Airport and within 2.6 miles each side of the 044° radial of the Davenport VORTAC extending from the 4.1-mile radius to the VORTAC and within 2.6 miles each side of the 316° bearing from the Clinton NDB extending from the 4.1-mile radius to 7.4 miles northwest of the airport and within 2.2 miles each side of the 030° bearing from the Clinton NDB extending from the 4.1-mile radius to 5.3 miles northeast of the airport. This Class E airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory.
That airspace extending upward from 700 feet above the surface within a 6.6-mile radius of Clinton Municipal Airport and within 1.8 miles each side of the 044° radial of the Davenport VORTAC extending from the 6.6-mile radius to the VORTAC and within 4.5 miles each side of the 316° bearing from the Clinton NDB extending to 10.5 miles northwest of the NDB and within 1 mile each side of the 146° bearing from the airport extending from the 6.6-mile radius to 9.5 miles southeast of the airport.
Food and Drug Administration, HHS.
Final rule.
The Food and Drug Administration (FDA) is amending the food additive regulations to provide for the safe use of vitamin D
This rule is effective February 27, 2003. Submit written objections and requests for a hearing by March 31, 2003. The Director of the Office of the
Submit written objections and requests for a hearing to the Dockets Management Branch (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic objections to
Judith L. Kidwell, Center for Food Safety and Applied Nutrition (HFS-265), Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 202-418-3354.
In a notice published in the
Vitamin D
Additionally, vitamin D is affirmed as GRAS for use in infant formula (§ 184.1950(c)(2)) and as an optional ingredient in margarine (§ 184.1950(c)(3)).
Vitamin D is essential for human health. Humans can synthesize significant amounts of vitamin D
The major function of vitamin D is the maintenance of blood serum concentrations of calcium and phosphorus by enhancing the absorption of these minerals in the small intestine. Vitamin D deficiency can lead to abnormalities in calcium and bone metabolism such as rickets in children or osteomalacia in adults. The elderly, who have significantly decreased capacity for the production of vitamin D
Vitamin D
To support the safety of the proposed use of vitamin D
In order to establish, with reasonable certainty, that a new food additive is not harmful under its intended conditions of use, FDA considers the projected human dietary exposure to the additive, the additive's toxicological data, and other relevant information (such as published literature) available to the agency.
In determining whether the proposed use of an additive is safe, FDA compares an individual's estimated daily intake (EDI) of the additive to an acceptable intake level established by toxicological data. The EDI is determined by projections based on the amount of the additive proposed for use in particular foods and on data regarding the consumption levels of these particular foods. The agency commonly uses the EDI for the 90th percentile consumer of a food additive as a measure of high chronic dietary exposure.
In 1997, the Standing Committee on the Scientific Evaluation of Dietary Reference Intakes of the Food and Nutrition Board at the National Academy of Sciences Institute of Medicine (IOM) conducted an extensive review of toxicology and metabolism studies on vitamin D published through 1996. The IOM published a detailed report that included a tolerable upper intake level (UL) for vitamin D (both D
The IOM considers the UL as the highest usual intake level of a nutrient that poses no risk of adverse effects when the nutrient is consumed over long periods of time. The UL is determined using a risk assessment model developed specifically for nutrients and considers intake from all sources: Food, water, nutrient supplements, and pharmacological agents. The dose-response assessment, which concludes with an estimate of the UL, is built upon three toxicological concepts commonly used in assessing the risk of exposures to chemical substances: No observed adverse effect level, lowest observed effect level and an uncertainty factor.
The petitioner provided average and 90th percentile vitamin D intake estimates for consumers of fruit juices and juice drinks from: (1) The proposed use in calcium-fortified fruit juices and juice drinks, (2) current uses in conventional foods (including naturally occurring sources of vitamin D), (3) current and proposed uses in conventional foods, and (4) current and proposed uses in both conventional foods and dietary supplements. The petitioner presented intake estimates for the general population, 2 years of age and older, and for 15 population subgroups (including estimates for infants less than 1 year old; children 1 year to 3 years old; and adults). The agency has determined that the methodology used to calculate these estimates is appropriate (Ref. 2).
For the proposed food use, dietary intake of vitamin D
For currently regulated uses in conventional foods (including naturally occurring sources), mean dietary exposure to vitamin D for consumers of fruit juices and juice drinks was estimated to be 197 IU/p/d for consumers 2 years of age and older. Intake at the 90th percentile was estimated to be 368 IU/p/day. For consumers of fruit juices and juice drinks 2 years of age and older, average and 90th percentile dietary intakes from current (including naturally occurring sources) and proposed food uses of vitamin D were estimated to be 306 IU/p/d and 519 IU/p/d, respectively.
The petitioner also considered the intake of vitamin D from dietary supplements. The National Health and Nutrition Examination Survey III (NHANES III) data indicate that approximately 40 percent of the U.S. population 2 months of age and older take dietary supplements. The NHANES
Although the petitioner has notified FDA that it does not intend to fortify fruit juices and juice drinks specially formulated or processed for infants with vitamin D
Due to the relatively small sample size of infants consuming fruit juices and juice drinks, the agency does not consider the intake estimates presented by the petitioner to be statistically robust enough to make a quantitative safety assessment. For example, for infants 0 to 6 months of age, non-breastfed, intake estimates were based on data from 49 consumers of fruit juice or juice drinks; for infants, 0 to 6 months, breastfed, 16 consumers; infants, 7 to 12 months, non-breastfed, 75 consumers; and infants, 7 to 12 months, breastfed, 9 consumers. Intake estimates from these populations are not considered to be statistically robust when compared, for example, to the numbers of consumers in the sample populations for children 4 to 8 years of age (1,194 consumers) and 9 to 13 years of age (717 consumers).
Because a quantitative safety assessment cannot be made with the available data, we consider it appropriate to exclude fruit juices and juice drinks specially formulated or processed for infants (ages 0 to 12 months) from the proposed use of vitamin D
The petitioner submitted over 80 published articles to support the safety of the proposed use of vitamin D
We considered the UL established by IOM for children (ages 1 year and older) and adults relative to the intake estimates provided by the petitioner as the primary basis for assessing the safety of the proposed use of vitamin D
Based on all data relevant to vitamin D reviewed by the agency, FDA concludes that there is a reasonable certainty that no harm will result from the use of vitamin D
In accordance with § 171.1(h) (21 CFR 171.1(h)), the petition and the documents that FDA considered and relied upon in reaching its decision to approve the petition are available for inspection at the Center for Food Safety and Applied Nutrition by appointment with the information contact person listed previously. As provided in § 171.1(h), the agency will delete from the documents any materials that are not available for public disclosure before making the documents available for inspection.
The agency has previously considered the environmental effects of this rule as announced in the notice of filing for FAP 2A4734 (67 FR 20533). No new information or comments have been received that would affect the agency's previous determination that there is no significant impact on the human environment and that an environmental impact statement is not required.
This final rule contains no collection of information. Therefore, clearance by the Office of Management and Budget under the Paperwork Reduction Act of 1995 is not required.
The following references have been placed on display in the Dockets Management Branch (see
1. Standing Committee on the Scientific Evaluation of Dietary Reference Intakes, Food and Nutrition Board, Institute of Medicine, “Dietary Reference Intakes for Calcium, Phosphorus, Magnesium, Vitamin D, and Fluoride,” National Academy Press, Washington, DC, 1997.
2. Memorandum from Folmer, Division of Petition Review, Chemistry Review Group, to
3. Meeting minutes from August 2 and August 28, 2002, Internal meetings, Division of Petition Review.
4. American Academy of Pediatrics Policy Statement “The Use and Misuse of Fruit Juice in Pediatrics (RE0047),”
5. Memorandum from Park, Division of Petition Review, Toxicology Review Group, to Kidwell, Division of Petition Review, September 17, 2002.
Any person who will be adversely affected by this regulation may at any time file with the Dockets Management Branch (see
Food additives, Incorporation by reference, Reporting and recordkeeping requirements.
21 U.S.C. 321, 341, 342, 348, 371, 379e.
The food additive may be used safely in foods as a nutrient supplement defined under § 170.3(o)(20) of this chapter in accordance with the following prescribed conditions:
(a) Vitamin D
(b) Vitamin D
(c) Vitamin D
(d) Vitamin D
Coast Guard, DOT.
Temporary final rule.
The Coast Guard is establishing moving and fixed security zones extending 100 yards around and under all High Interest Vessels (HIVs) that enter, are moored in, anchored in or depart from the San Francisco Bay and Delta ports, California. These security zones are needed for national security reasons to protect the public and ports from potential subversive acts. Entry into these security zones is prohibited, unless specifically authorized by the Captain of the Port San Francisco Bay, or his designated representative.
This regulation is effective from 11:59 p.m. PST on February 10, 2003 to 11:59 p.m. PST on May 31, 2003.
Documents indicated in this preamble as being available in the docket are part of docket [COTP San Francisco Bay 03-002] and are available for inspection or copying at Coast Guard Marine Safety Office San Francisco Bay, Coast Guard Island, Alameda, California, 94501, between 9 a.m. and 4 p.m., Monday through Friday, except Federal holidays.
Lieutenant Diana Cranston, U.S. Coast Guard Marine Safety Office San Francisco Bay, at (510) 437-3073.
In addition to this temporary final rule (TFR), we plan to publish a notice of proposed rulemaking (NPRM) for a permanent HIV security zone rule [COTP San Francisco Bay 03-003], in which we will propose to amend 33 CFR 165.1183, which was added by the Final rule [COTP San Francisco Bay 02-019] published in the
Since the September 11, 2001 terrorist attacks on the World Trade Center in New York, the Pentagon in Arlington, Virginia and Flight 93, the Federal Bureau of Investigation (FBI) has issued several warnings concerning the potential for additional terrorist attacks within the United States. In addition, the ongoing hostilities in Afghanistan and growing tensions in Iraq have made it prudent to U.S. ports to be on a higher state of alert because the Al-Qaeda organization and other similar organizations have declared an ongoing intention to conduct armed attacks on U.S. interests worldwide.
In its effort to thwart terrorist activity, the Coast Guard has increased safety and security measures on U.S. ports and waterways. As part of the Diplomatic Security and Antiterrorism Act of 1986 (Pub. L. 99-399), Congress amended section 7 of the Ports and Waterways Safety Act (PWSA), 33 U.S.C. 1226, to allow the Coast Guard to take actions, including the establishment of security and safety zones, to prevent or respond to acts of terrorism against individuals, vessels, or public or commercial structures. The Coast Guard also has authority to establish security zones pursuant to the Act of June 15, 1917, as amended by the Magnuson Act of August 9, 1950 (50 U.S.C. 191
In this particular rulemaking, to address the aforementioned security concerns, and to take steps to prevent the catastrophic impact that a terrorist attack against an HIV would have on the public interest, the Coast Guard is establishing security zones around and under HIVs entering, departing, moored or anchored within the San Francisco Bay and Delta ports. These security zones help the Coast Guard to prevent vessels or persons from engaging in terrorist actions against HIVs. Due to these heightened security concerns, and the catastrophic impact a terrorist attack on an HIV would have on the crew and passengers on board, and surrounding area and communities, security zones are prudent for these types of vessels.
On December 31, 2002, we published the final rule [COTP San Francisco Bay 02-019] adding § 165.1183, “Security Zones; Cruise Ships and Tank Vessels, San Francisco Bay and Delta ports, California” in the
In this temporary rule, the Coast Guard is establishing moving and fixed security zones around all HIVs that are anchored, moored or underway within the San Francisco Bay and Delta ports. These security zones are activated when any HIV passes shoreward of the line drawn between San Francisco Main Ship Channel buoys 7 and 8 (LLNR 4190 & 4195, positions 37°46.9′N, 122°35.4′W & 37°46.5′N, 122°35.2′W, respectively) and remains in effect while the vessel is underway, anchored or moored within the San Francisco Bay and Delta ports. When activated, this security zone will encompass all waters, extending from the surface to the sea floor, within 100 yards ahead, astern and extending 100 yards along either side of any HIV in the San Francisco Bay and Delta ports. This security zone is automatically deactivated when the HIV passes seaward of the line drawn between San Francisco Main Ship Channel buoys 7 and 8 (LLNR 4190 & 4195, positions 37°46.9′N, 122°35.4′W & 37°46.5′N, 122°35.2′W, respectively) on its departure from port. Vessels and people may be allowed to enter an established security zone on a case-by-case basis with authorization from the Captain of the Port.
Vessels or persons violating this section will be subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192. Pursuant to 33 U.S.C. 1232, any violation of the security zone described herein, is punishable by civil penalties (not to exceed $27,500 per violation, where each day of a continuing violation is a separate violation), criminal penalties (imprisonment up to 6 years and a maximum fine of $250,000), and in rem liability against the offending vessel. Any person who violates this section, using a dangerous weapon, or who engages in conduct that causes bodily injury or fear of imminent bodily injury to any officer authorized to enforce this regulation, also faces imprisonment up to 12 years. Vessels or persons violating this section are also subject to the penalties set forth in 50 U.S.C. 192: seizure and forfeiture of the vessel to the United States, a maximum criminal fine of $10,000, and imprisonment up to 10 years, and a civil penalty of not more than $25,000 for each day of a continuing violation.
The Captain of the Port will enforce these zones and may enlist the aid and cooperation of any Federal, State, county, municipal, and private agency to assist in the enforcement of the regulation. This regulation is proposed under the authority of 33 U.S.C. 1226 in addition to the authority contained in 50 U.S.C. 191 and 33 U.S.C. 1231.
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
Although this regulation restricts access to the zones, the effect of this regulation will not be significant because: (i) The zones will encompass only a small portion of the waterway; (ii) vessels will be able to pass safely around the zones; (iii) vessels may be allowed to enter these zones on a case-by-case basis with permission of the Captain of the Port, or his designated representative; and (iv) vessels are able to safely transit around the zones while a vessel is moored or at anchor in the San Francisco Bay and Delta ports.
The sizes of the zones are the minimum necessary to provide adequate protection for HIVs, their crews and passengers, other vessels operating in the vicinity of HIVs, their crews and passengers, adjoining areas, and the public. The entities most likely to be affected are commercial vessels transiting the main ship channel en route the San Francisco Bay and Delta ports and pleasure craft engaged in recreational activities and sightseeing. The security zones will prohibit any commercial vessels from meeting or overtaking an HIV in the main ship channels, effectively prohibiting use of the channels. However, the moving security zones will only be effective during HIV transits, which will last for approximately 30 minutes.
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 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.
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. The security zones will not have a significant economic impact on a substantial number of small entities for several reasons: Small vessel traffic can pass safely around the area and vessels engaged in recreational activities, sightseeing and commercial fishing have ample space outside of the security zones to engage in these activities. When a HIV is at anchor, vessel traffic will have ample room to maneuver around the security zones. Small entities and the maritime public will be advised of these security zones via public notice to mariners.
Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small entities in understanding the rule so that they could better evaluate its effects on them and participate in the rulemaking process. If the rule will affect your small business, organization, or government jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed under
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).
This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism.
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 will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.
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.
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.
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 create an environmental risk to health or risk to safety that may disproportionately affect children.
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.
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.
We have considered the environmental impact of this rule and concluded that under figure 2-1, paragraph (34)(g), of Commandant Instruction M16475.lD, this rule is categorically excluded from further environmental documentation because we are establishing a security zone. A “Categorical Exclusion Determination” is available in the docket for inspection
Harbors, Marine safety, Navigation (water), Reports and record keeping requirements, Security measures, Waterways.
33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.
(a)
(b)
(1) All waters, extending from the surface to the sea floor, within 100 yards ahead, astern and extending 100 yards along either side of any HIV that is anchored at a designated anchorage within the San Francisco Bay and Delta port areas shoreward of the line drawn between San Francisco Main Ship Channel buoys 7 and 8 (LLNR 4190 & 4195, positions 37°46.9′ N, 122°35.4′ W and 37°46.5′ N, 122°35.2′ W, respectively);
(2) The shore area and all waters, extending from the surface to the sea floor, within 100 yards ahead, astern and extending 100 yards along either side of any HIV that is moored, or in the process of mooring, at any berth within the San Francisco Bay and Delta port areas shoreward of the line drawn between San Francisco Main Ship Channel buoys 7 and 8 (LLNR 4190 & 4195, positions 37°46.9′ N, 122°35.4′ W and 37°46.5′ N, 122°35.2′ W, respectively); and
(3) All waters, extending from the surface to the sea floor, within 100 yards ahead, astern and extending 100 yards along either side of any HIV that is underway shoreward of the line drawn between San Francisco Main Ship Channel buoys 7 and 8 (LLNR 4190 & 4195, positions 37°46.9′ N, 122°35.4′ W and 37°46.5′ N, 122°35.2′ W, respectively).
(c)
(2) Persons desiring to transit the area of the security zone may contact the Captain of the Port at telephone number 510-437-3073 or on VHF-FM channel 16 (156.8 MHz) to seek permission to transit the area. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port or his or her designated representative.
(3) When an HIV approaches within 100 yards of a vessel that is moored, or anchored, the stationary vessel must stay moored or anchored while it remains within the HIV's security zone unless it is either ordered by, or given permission from, the COTP San Francisco Bay to do otherwise.
(d)
(e)
(f)
Postal Service.
Final rule.
This final rule clarifies when it is permissible to use the designation “NEWS” rather than the designation “PER” on Line 2 (the content line) of labels that identify sacks, trays, and pallets containing copies of Periodicals publications prepared in combined mailings or in copalletized mailings.
Combined mailings and copalletized mailings often consist of copies that would be eligible for the designation “NEWS” on the container label and other copies that would be eligible only for the designation “PER” on the container label. This final rule allows mailers to prepare and consolidate more than one Periodicals publication or edition of a publication into a single production mailstream.
This final rule also clarifies mailing standards for identifying the two different methods under which a Periodicals combined mailing may be prepared and to note the requirements for submitting postage statements under each method.
March 6, 2003.
Neil Berger at (703) 292-3645, Jane Stefaniak at (703) 292-3548, or Marc McCrery at (202) 268-2704.
In this rulemaking, the Postal Service announces the adoption of standards initially proposed on October 30, 2002 in the
This final rule allows mailers to prepare and consolidate more than one Periodicals publication or edition of a publication into a single production mailstream by providing the following standards for the application of the “NEWS” and “PER” designations in such cases:
(1) If at least 51% of the total number of copies (not number of addressed pieces) in the combined mailing or in the copalletized mailing can qualify for “NEWS” treatment, then all containers or pallets in such a mailing are labeled “NEWS” on Line 2, unless the mailer chooses to use “PER.”
(2) If less than 51% of the total number of copies in the combined mailing or in the copalletized mailing can qualify for “NEWS” treatment, then all containers or pallets in such a mailing are labeled “PER” on Line 2.
Publications labeled “NEWS” receive newspaper treatment if published
The “NEWS” designation helps the Postal Service ensure consistent service and handling for such Periodicals publications from entry into the mailstream, through successive operations in mail processing, to delivery to the intended recipient.
Current label standards for containers, as specified in DMM M031.1.7, M031.4.11, and M032.1.3 stipulate that the “NEWS” designation may be used on labels for sacks, trays, and pallets for a Periodicals publication only if either one of the following two conditions is met:
(1) The Periodicals publication is published weekly or more frequently.
(2) The Periodicals publication has been continuously authorized such newspaper treatment since March 1, 1984, or earlier, regardless of publication frequency.
All other publications use “PER”—designation for the class name “Periodicals”—as part of the information on Line 2 (the content line) of mail processing labels. These labels are affixed by the mailer to pallets or inserted into label holders attached to sacks and trays to identify Periodicals publications that do not meet either of the conditions required for the “NEWS” designation.
The use of these two distinct designations is carried forward for all container labeling, with two separate but parallel series of three-digit content identifier numbers (CINs). One CIN series is for those publications that are eligible to use “NEWS,” and the second series is for those publications that are not eligible to use “NEWS” and must use “PER.” Each series contains nearly 50 different CINs to meet all possible rate combinations available and all permitted containers.
It should be pointed out, however, that the use of “NEWS” is optional for those publications eligible to use that designation. A publisher, for example, who issues and distributes publications eligible for the “NEWS” designation and other publications not eligible for “NEWS” has the flexibility to label all containers as “PER” in order to achieve greater production efficiencies (and greater postage savings) if combined mailings or copalletized mailings are prepared.
On the other hand, the same publisher following mailing standards before this final rule did not have the flexibility of using the “NEWS” designation for all containers in a combined mailing or copalletized mailing under any condition. This final rule provides limited conditions that permit the use of “NEWS” for combined mailings and copalletized mailings consisting of publications eligible for “NEWS” and those not eligible for that designation.
Mailing standards have been introduced over the years to promote the consolidation of different Periodicals publications or different editions of the same publication into larger volume mailings. These standards, however, have not prevented customers from combining copies in containers labeled as “PER” with copies labeled as “NEWS” as a way to improve the depth of sort and to reduce the overall number of containers prepared.
These consolidations represent an effective means for Periodicals mailers and the Postal Service to improve customer service, promote greater production efficiencies, reduce the number of containers used to prepare mailings, and stabilize rates by eliminating additional mail processing steps. For Periodicals mailers, the primary benefit is greater postage savings.
The Postal Service requested in its proposed rule published on October 30, 2002, in the
The publisher, whose publication is issued every two weeks, expressed concern about the extension of newspaper or “NEWS” treatment to publications that are not eligible for such treatment under the long-standing standards presented in the DMM if those publications were mailed separately and not included as part of a combined mailing or a copalletized mailing. The commenter also inquired about the number of publications permitted to use “NEWS” on container labels. Furthermore, the publisher wanted to know how many publications that enjoyed “NEWS” treatment were published less frequently than once a week and received such treatment as a result of an authorization issued on March 1, 1984, or earlier, as provided in the DMM.
Postal Service records show, as of December 13, 2002, that 35,695 publications were authorized Periodicals mailing privileges. Of this total, 10,259 or nearly 29 percent are published weekly or more frequently. The Postal Service maintains no centralized records, however, that indicate whether a publication that is eligible to use “NEWS” actually uses that designation or “PER.” Moreover, there is no national system of records that indicates which publications are eligible to use “NEWS” based on authorizations permitted on or before March 1, 1984. Postmasters of the various authorized original offices would have access to that specific information, which is outside the scope of this rulemaking.
Most of the weekly or more frequently published publications fall into two categories: small and large local newspapers and large national newsmagazines and similar news publications. In both categories, the use of combined mailings or copalletized mailings is limited in potential scope. For example, local newspapers often have sufficient volumes and densities to achieve lower postage rates and destination discounts without being combined or copalletized with other publications. As a consequence, only a small percentage of those publications authorized “NEWS” treatment are likely to be combined with those publications not authorized such treatment.
This final rule, however, affords publishers the additional flexibility of combining and copalletizing Periodicals mailings whenever warranted by production efficiencies, postage savings, and improved service. Publishers of Periodicals publications that are generally not eligible for “NEWS” treatment can now determine whether it is advantageous to be combined or copalletized with other publications eligible for such treatment. This is an option for which publications such as the one issued by the commenter previously could not be considered.
The publisher commenting on the proposed rule also believed that the reasoning behind the use of the “NEWS” designation was to ensure that time-sensitive publications were processed and delivered in a consistent and timely manner. He believed that factors other than the frequency of publication should be considered when determining whether a publication is time-sensitive and eligible for the “NEWS” designation for mail processing and delivery. The publisher noted that the adoption of the proposed standards would extend that privilege to publications that were perhaps not time-sensitive whereas publications such as his publication, which he stated was issued 26 times a year and which he
Although the Postal Service does not guarantee the delivery of Periodicals publications within a specified time, it handles all such publications, whether designated “NEWS” or “PER,” as expeditiously as possible in distribution, dispatch, transportation, and delivery. There are few differences between the ways in which the Postal Service handles publications designated “NEWS” and “PER.” In general, those designated “NEWS” are handled first to ensure timely processing and dispatch. Despite that difference, the Postal Service fully supports the invaluable role Periodicals publications play in keeping the American public informed and enlightened. As a consequence, the Postal Service makes every possible attempt to provide similar handling for publications designated “PER” to ensure timely and consistent delivery. The final rule does provide publishers of publications not authorized newspaper treatment, including the publication issued by the commenter, the option of being combined or copalletized with those publications that are authorized “NEWS” treatment.
As a clarification about what constitutes time-sensitive publications, the proposed rule did not address that issue or attempt to discuss or consider criteria other than frequency of publication that would need to be applied for determining the use of “NEWS” and “PER.” Since this issue is outside the scope of this rulemaking, the changes discussed in the proposed rule were based on practical operational reasons stemming from mail production that combines publications eligible for “NEWS” with those eligible only for “PER.” In view of that situation, mailers and publishers requested standards that specified the criteria under which those two designations could be used.
After full consideration of the comments received and for the reasons cited above, the Postal Service believes it appropriate to adopt the proposed rule for the use of the “NEWS” and “PER” designations for combined mailings and copalletized mailings.
Postal Service.
5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 414, 416, 3001-3011, 3201-3219, 3403-3406, 3621, 3626, 5001.
Except as provided in M230.2.0 for combined mailings, Periodicals publications must use one of the following for Line 2 class information:
a. “PER.”
b. “NEWS” if published weekly or more often or if authorized newspaper treatment as of March 1, 1984.
Except as provided in M045.8.0 for copalletized mailings, Periodicals publications must use one of the following for Line 2 class information:
a. “PER.”
b. “NEWS” if published weekly or more often or if authorized newspaper treatment as of March 1, 1984.
The content line must meet these standards:
b.
(1) “PER.”
(2) “NEWS” if published weekly or more often or if authorized newspaper treatment as of March 1, 1984.
Additional standards are as follows:
a. Periodicals eligible for preferred rates (In-County, Nonprofit, Classroom, and Science-of-Agriculture) may be combined with Periodicals eligible for Outside-County rates.
b. All pallets in a copalletized mailing are identified on the content line (Line 2) of the label with only “NEWS” (see M031) or “PER” as the class designation under these conditions:
(1) If at least 51% of the total number of copies in the copalletized mailing can qualify for “NEWS” treatment, then all pallets in such a mailing are labeled “NEWS,” unless the mailer chooses to use “PER.”
(2) If less than 51% of the total number of copies in a copalletized mailing can qualify for “NEWS” treatment, then all pallets in such a mailing are labeled “PER.”
Periodicals publications may be prepared as a combined mailing by merging copies either during production or after finished copies are produced to achieve the finest presort level possible or to reduce the per piece charge.
A Periodicals combined mailing may be prepared using either one of these methods:
a. Individually addressed copies of different editions of a Periodicals publication (one title) or individually addressed copies of different Periodicals publications (more than one title) are merged and sorted together to obtain a finer presort level.
b. Two or more copies of different Periodicals publications (two or more titles) are placed within the same mailing wrapper and presented as one addressed piece to a single recipient to reduce the per piece charge.
Each publication in a combined mailing must meet the basic eligibility standards in E211 and the specific standards for the rate claimed. In addition, the combined mailing must meet the eligibility and mail preparation standards for the rate claimed.
For combined mailings prepared under 1.2a, more than one Periodicals publication, or edition of a publication, may be combined to meet the required minimum volume per package, sack, or tray for the rate claimed. For combined mailings prepared under 1.2b, the appropriate minimum volume requirements in M210, M220, M810, or M820 apply for the rate claimed.
All sacks or trays in a combined mailing are labeled the same, as either “NEWS” (see M031) or as “PER,” depending on which of the following conditions is met:
a. If at least 51% of the total number of copies in the combined mailing can qualify for “NEWS” treatment, then all sacks or trays in such a mailing are labeled “NEWS,” unless the mailer chooses to use “PER.”
b. If less than 51% of the total number of copies in a combined mailing can qualify for “NEWS” treatment, then all sacks or trays in such a mailing are labeled “PER.”
Presort documentation required under P012 must show the total number of addressed pieces and total number of copies for each publication and each edition, if applicable, in the combined mailing claimed at the carrier route, 5-digit, 3-digit, and basic rates. The publisher must also provide a list, by 3-digit ZIP Code prefix, of the number of addressed pieces for each publication and each edition, if applicable, claimed at any destination entry and pallet discounts.
Postage statements for a combined mailing must be prepared as follows:
a. Copy weight and advertising percentage determine whether separate postage statements are required for editions of the same publication:
(1) If the copy weight and advertising percentage for all editions of a publication are the same, all the editions may be reported on the same postage statement or each edition may be reported on a separate postage statement.
(2) If either the copy weight or the advertising percentage is different for each edition of a publication, each edition must be reported on a separate postage statement.
b. For a combined mailing prepared under 1.2a, a separate postage statement that claims all applicable per piece and per pound charges must be prepared for each publication or edition except as provided in 2.5a. The mailer must annotate on, or attach to, each postage statement, the title and issue date of each publication or edition included in the combined mailing and indicate that the pieces were prepared as part of a combined mailing under 1.2a.
c. For mailings prepared under 1.2b, a separate postage statement claiming the applicable per pound charges must be prepared for each publication or edition in the combined mailing except as provided in 2.5a. The mailer must annotate on, or attach to, each postage statement, the title and issue date of each publication or edition included in the combined mailing and indicate that the copies were prepared as part of a combined mailing under 1.2b. The per piece charges must be claimed as follows:
(1) If all copies in a combined mailing prepared under 1.2b are eligible for the Classroom or Nonprofit discount, the per piece charges must be claimed only on the postage statement for the publication that contains the highest amount of advertising.
(2) If all copies in a combined mailing prepared under 1.2b are not eligible for the Classroom or Nonprofit discount, the per piece charges must be claimed only on the postage statement for the publication that contains the highest amount of advertising.
(3) If a portion of the copies in a combined mailing prepared under 1.2b are eligible for the Classroom or Nonprofit discount and a portion are not eligible for those discounts, the per piece charges must be claimed only on the postage statement for the publication that contains the highest amount of advertising and is not eligible for the Classroom or Nonprofit discount. The Classroom or Nonprofit per piece discount must not be claimed.
An appropriate amendment to 39 CFR 111 to reflect the changes will be published.
Environmental Protection Agency (EPA).
Final rule.
EPA is approving a State Implementation Plan (SIP) revisions submitted by the Connecticut Department of Environmental Protection (DEP). The revisions include new provisions that implement the core requirements of 1990 Clean Air Act Amendments (CAAA) regarding nonattainment New Source Review (NSR) in areas that have not attained the National Ambient Air Quality Standards (NAAQS). In addition, the changes amend the applicability requirements and certain other requirements of the Prevention of Significant Protection (PSD) program and NSR rules. Finally, the changes provide a definition for “Practicably Enforceable” that would allow sources a streamlined approach to limit potential to emit for PSD/NSR applicability purposes. In aggregate, these revisions will substantially strengthen the DEP's air permitting rules.
This action is to approve the revisions to section 22a-174-1, “Definitions,” section 22a-174-2a, “Procedural Requirements for New Source Review and Title V Permitting,” and section 22a-174-3a, “Permit to Construct and Operate Stationary Sources.” This action is being taken in accordance with the Clean Air Act (CAA or Act).
This rule will become effective on March 31, 2003.
Copies of the documents relevant to this action are available for inspection during normal business
Brendan McCahill, (617) 918-1652; e-mail at
On January 21, 2003 (68 FR 2722), EPA published a notice of proposed rulemaking (NPR) for the state of Connecticut. The NPR proposes approval of the revisions to section 22a-174-1, “Definitions,” section 22a-174-2a, “Procedural Requirements for New Source Review and Title V Permitting,” and section 22a-174-3a, “Permit to Construct and Operate Stationary Sources.” The formal SIP revision was submitted on June 14, 2002.
Provisions in these rules that only affect programs other that PSD and NSR have not been incorporated into the SIP by today's action. For details, please contact the EPA regional office at the address given above. Furthermore, EPA is not taking action on portions of DEP's submittal that address NO
EPA has recently promulgated revisions to certain portions of the Federal PSD and nonattainment NSR regulations (67 FR 80244 (Dec. 31, 2002). These rules have an effective date of March 3, 2003. With respect to Connecticut's rules relating to new source review, EPA has determined that Connecticut's rules meet the requirements of 40 CFR part 51, subpart I, as currently in effect, and is taking no position on whether Connecticut will need to make changes to its new source review rules to meet requirements that EPA has promulgated, but are not yet effective, as part of new source review reform.
In addition, while EPA is approving Connecticut's PSD SIP, EPA recognizes that it has a responsibility to insure that all States properly implement their preconstruction permitting programs. EPA's approval of Connecticut's PSD program does not divest the Agency of the duty to continue appropriate oversight to insure that PSD determinations made by Connecticut are consistent with the requirements of the CAA, EPA regulations, and the SIP. EPA's authority to oversee PSD program implementation is set forth in sections 113, 167, and 505(b) of the Act. For example, section 167 provides that EPA shall issue administrative orders, initiate civil actions, or take whatever other enforcement action may be necessary to prevent construction of a major stationary source that does not “conform to the requirements of” the PSD program. Similarly, section 113(a)(5) provides for administrative orders and civil actions whenever EPA finds that a State “is not acting in compliance with” any requirement or prohibition of the Act regarding construction of new or modified sources. Likewise, section 113(a)(1) provides for a range of enforcement remedies whenever EPA finds that a person is in violation of an applicable implementation plan.
The specific requirements of Connecticut's SIP revision and the rationale for EPA's proposed action are explained in the NPR and will not be restated here.
EPA did not receive any comments during the comment period.
EPA is approving the SIP revision submitted by Connecticut on June 14, 2002 as a revision to the SIP.
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001). This action merely approves State law as meeting Federal requirements and imposes no additional requirements beyond those imposed by State law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601
This rule also does not have tribal implications because it will 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, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have federalism implications because it does 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 (64 FR 43255, August 10, 1999). This action merely approves a State rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve State choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
The Congressional Review Act, 5 U.S.C. section 801
Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by April 28, 2003. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (
Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, and Volatile organic compounds.
42 U.S.C. 7401
(c) * * *
(91) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on June 14, 2002.
(i) Incorporation by reference.
(A) Connecticut's amendments to Section 22a-174-1,
(B) Connecticut's new Section 22a-174-2a,
(C) Connecticut's new Section 22a-174-3a,
(ii) Additional materials.
(A) Letter from the Connecticut Department of Environmental Protection dated June 14, 2002 submitting a revision to the Connecticut State Implementation Plan.
For the State of Connecticut:
Environmental Protection Agency (EPA).
Direct final rule.
EPA is taking direct final action to approve revisions to the Maryland State Implementation Plan (SIP). The revisions amend provisions to Maryland's regulations for Permits, Approvals, and Registration and related changes to its regulations for General Emission Standards, Prohibitions, and Restrictions, and Volatile Organic Compounds from Specific Processes. EPA is approving these revisions in accordance with the requirements of the Clean Air Act.
This rule is effective on April 28, 2003 without further notice, unless EPA receives adverse written comment by March 31, 2003. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the
Comments should be mailed to Harold A. Frankford, Office of Air Programs, Air Protection Division, Mailcode 3AP20, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the documents relevant to this action are available for public inspection during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; the Air and Radiation Docket and Information Center, U.S. Environmental Protection Agency, 1301 Constitution Avenue, NW., Room B108, Washington, DC 20460; and the Maryland Department of the Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230.
Harold A. Frankford, (215) 814-2108, or by e-mail at
On November 1, 2001, the Maryland Department of the Environment (MDE) submitted formal revisions to its State Implementation Plan (SIP). The SIP revision consists of amendments to the Code of Maryland (COMAR) Regulations 26.11.02, Permits, Approvals, and Registration that were adopted from 1995 thorough 1999 and related amendments under COMAR 26.11.06, General Emission Standards, Prohibitions, and Restrictions, and COMAR 26.11.19, Volatile Organic Compounds from Specific Processes.
The MDE has submitted all regulations under COMAR 26.11.02 for SIP approval except those relating to part 70 permits and those relating to fees. The MDE's November 1, 2001 submittal includes a table (Table 1of the submittal) which clearly indicates those regulations under COMAR 26.11.02 that are not to be considered as part of the SIP revision request. COMAR 26.11.02 was amended in its entirety in 1995 to include part 70 requirements. The non-part 70 requirements of COMAR 26.11.02 are substantially the same as those already approved by EPA as SIP revisions. This rulemaking action approving the November 1, 2001 SIP revision request by MDE does not make substantial amendments to the SIP's provisions of COMAR 26.11.02 already approved by EPA. Similarly, the related amendments made to COMAR 26.11.06, General Emission Standards, Prohibitions, and Restrictions, and COMAR 26.11.19, Volatile Organic Compounds from Specific Processes that are the subject of this rulemaking action do not change the substantive SIP requirements of those regulations previously approved by EPA. The specific amendments being approved by this rulemaking action are discussed in the next section of this document.
EPA is approving the SIP revisions submitted by the MDE on November 1, 2001. A description of each revision is provided in A-E of this section.
On April 11, 1995, the MDE adopted several amendments to its Code including the repeal of Regulations .01-.21 and the adoption of new Regulations .01-.19 under COMAR 26.11.02 Permits, Approvals, and Registration, an amendment to Regulation .06, Volatile Organic Compounds under COMAR 26.11.06, General Emission Standards, Prohibitions, and Restrictions, and an amendment to Regulation .02 Applicability, Determining Compliance, Reporting and General Requirements under COMAR 26.11.19, Volatile Organic Compounds from Specific Processes. All of these amendments were effective on May 8, 1995.
The repeal of Regulations .01-.21 and the adoption of new Regulations .01-.19 under COMAR 26.11.02 Permits, Approvals, and Registration did not substantially change the requirements of COMAR 26.11.02. Rather, when it re-codified and reformatted these regulations, the MDE made several simple wording changes to clarify the text, correct typographical errors, and make wording changes to the text of these SIP regulations to clarify their requirements in light of the adoption of non-SIP permitting regulations to satisfy the requirements of 40 CFR part 70. The MDE's November 1, 2001 submittal specifically indicates that Regulations .01B., .02D., .04C.(2), .11C., and .15 regarding definitions and requirements related to part 70 Permits are not being requested for approval and incorporation into the SIP.
The amendment to Regulation .06, Volatile Organic Compounds under COMAR 26.11.06, General Emission Standards, Prohibitions, and Restrictions clarifies that the hearing required by 26.11.06.06 E(4)e satisfies the requirement for public comment or hearing under COMAR 26.11.02.09-.14.
The amendment to Regulation .02 Applicability, Determining Compliance, Reporting and General Requirements under COMAR 26.11.19, Volatile Organic Compounds from Specific Processes clarifies that upon approval of a reasonably available control technology (RACT) standard for a major stationary source of volatile organic compounds (VOCs) that does not have a permit to operate, the MDE will require the source to apply for a permit under COMAR 26.11.02.13 and will issue a permit to operate that includes the RACT requirements.
On May 20, 1997, the MDE adopted revisions to Regulations .01, .06, .10, .11, .12, .14, .16 and .19 under COMAR 26.11.02 Permits, Approvals, and Registration. These amendments were effective June 16, 1997. The MDE's November 1, 2001 submittal specifically states that the amendments to Regulations .16 and .19 of COMAR 26.11.02 are not being requested for approval and incorporation into the SIP. The MDE's November 1, 2001 submittal also specifically states that the definition of the term “acid rain source” found at COMAR 26.11.02.01B(1) is not being requested for SIP approval.
The amendment to .01, Definitions clarifies the definition of the term “complete application” at paragraph .01B(13). The amendment to Regulation .06, Denial of Applications for State Permits and Approvals corrects typographical errors and omissions that occurred when COMAR 26.11.02 was reorganized.
The amendments to Regulation .10, Sources Exempt for Permits to Construct and Approvals provide that the following sources may construct or modify without first obtaining, and having in current effect, a permit to construct:
(1) Commercial bakery ovens with a rated heat input capacity of less than 2 MMBtu/hour;
(2) Breweries with an annual beer production less than 60,000 barrels;
(3) Municipal solid waste landfills that have a design capacity of less than 500,000 tons of municipal solid waste and that are not major sources;
(4) Gasoline storage tanks with a capacity of 2000 gallons or less; and
(5) Sheet-fed letter or lithographic printers with a cylinder width less than 18 inches.
The amendments to Regulation .11, Procedures for Obtaining Permits to Construct Certain Significant Sources clarify application procedures for sources subject to COMAR 26.11.02. The amendments to Regulation .12, Procedures for Obtaining Approvals of PSD Sources and NSR Sources and Permits to Certain 100-Ton Sources clarify those provisions of COMAR 26.11.02 that apply to these sources and state that a permit to construct a lead source is required for sources that will discharge 5 tons per year or more of lead or lead compounds measured in elemental lead. The amendments to Regulation .14, Procedures for Obtaining State Permit to Operate and Permits to Construct Certain Sources and Permits to Construct Control Equipment on Existing Sources clarify the applicability of COMAR 26.11.02 for any source or activity not listed in Regulations .11A. or .12.
On August 18, 1997, the MDE adopted amendments to Regulation .10, Sources Exempt for Permits to Construct and Approvals under COMAR 26.11.02 Permits, Approvals, and Registration. These amendments were effective September 22, 1997. The amendments to Regulation .10, Sources Exempt for Permits to Construct and Approvals lowers the size of the stationary internal combustion engine (ICE) exempted from permit to construct requirements for sources that operate more than 2000 hours/year. The old version of the regulation exempted a stationary ICE of less than 1000 brake horsepower (HP) from the permit to construct requirements. Under the revised regulation, a stationary ICE of less than 500 HP and those between 500 and 1000 HP that operate less than 2,000 hours/year are exempted from the permit to construct requirements. For sources that install more than one ICE over a five-year period, the exemptions do not apply if the total potential to emit emissions from the engines installed over the five-year period meets or exceeds the major source threshold as defined in COMAR 26.11.02.01.C.
On April 9, 1998, the MDE adopted amendments to Regulation .09 Sources Subject to Permits to Construct and Operate under COMAR 26.11.02, Permits, Approvals, and Registration; and to Regulations .02, Applicability, Determining Compliance, Reporting and General Requirements and Regulation .15 Paint, Resin and Adhesive Manufacturing and Adhesive Application under COMAR 26.11.19, Volatile Organic Compounds from Specific Processes. These amendments were effective May 4, 1998.
The amendments to Regulation .09, Sources Subject to Permits to Construct and Operate under COMAR 26.11.02, Permits, Approvals, and Registration corrects a mis-reference that occurred when COMAR 26.11.02 was restructured. The amendment clarifies that obtaining a Prevention of Significant Deterioration (PSD) permit or New Source Review (NSR) permit is separate from obtaining a general construction permit. Obtaining approval of a PSD or NSR permit does not relieve a person from also obtaining all permits to construct required under COMAR 26.11.02.
Although they were included in Maryland's November 1, 2001 SIP revision submittal, the MDE had also formally submitted the very same amendments to COMAR 26.11.19,Volatile Organic Compounds from Specific Processes, Regulations .02, Applicability, Determining Compliance, Reporting and General Requirements and .15, Paint, Resin and Adhesive Manufacturing and Adhesive Application, as separate formal SIP revision requests. EPA has already approved the revision to Regulation .02 on February 3, 2003 (68 FR 5228) and the revision to Regulation .15 on October 28, 1999 (64 FR 57989).
On March 2, 1999, the MDE adopted amendments to Regulation .10, Sources Exempt for Permits to Construct and Approvals under COMAR 26.11.02, Permits, Approvals, and Registration. These amendments were effective March 22, 1999. The amendments establish a de minimus level for construction permits so that sources which emit very small amounts of air pollution do not have to obtain air quality permits to construct. In addition, the amendments clarify the exemption list of Regulation .10, Sources Exempt for Permits to Construct and Approvals under COMAR 26.11.02 to exempt space heaters below a certain size from the requirement to obtain a permit to construct.
The amended version of Regulation .10C exempts space heaters using gaseous fuels or No. 1 or No. 2 fuel oil with a heat input less than 1,000,000 Btu (1.06 gigajoules) per hour from first obtaining, and having in current effect, a permit to construct prior to construction or modification. The amended version of Regulation .10 includes a new paragraph .10X., Other Installations, which allows an installation to construct or modify or cause to be constructed or modified without first having to obtain, and having in current effect, a permit to construct if :
(1) The installation is not subject to any source-specific State or Federal emission standard;
(2) The expected uncontrolled emissions are less than 1 ton per calendar year of each pollutant for which there is a Federal ambient air quality standard or which is a Class II toxic air pollutant, as defined in COMAR 26.11.15.01B(5); and
(3) The emissions contain not more than 1 pound per day of a Class I toxic air pollutant, as defined in COMAR 26.11.15.01B(4).
EPA is approving the amendments to COMAR 26.11.02, Permits, Approvals, and Registration that were adopted from 1995 thorough 1999 and related amendments under COMAR 26.11.06, General Emission Standards, Prohibitions, and Restrictions, and COMAR 26.11.19, Volatile Organic Compounds from Specific Processes as submitted by MDE on November 1, 2001 as formal revisions to the Maryland SIP.
EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comment given that these revisions
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601
In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
The Congressional Review Act, 5 U.S.C. 801
Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by April 28, 2003. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action approving amendments to COMAR 26.11.02, Permits, Approvals, and Registration that were adopted from 1995 thorough 1999 and related amendments under COMAR 26.11.06, General Emission Standards, Prohibitions, and Restrictions, and COMAR 26.11.19, Volatile Organic Compounds from Specific Processes as submitted by Maryland on November 1, 2001 may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)
Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
42 U.S.C. 7401
(c) * * *
(182) Revisions to the Code of Maryland Administrative Regulations (COMAR) under COMAR 26.11.02, Permits, Approvals, and Registration
(i) Incorporation by reference.
(A) Letter of November 1, 2002 from the Maryland Department of the Environment (MDE) transmitting revisions to COMAR 26.11.02, 26.11.06 and 26.11.19.
(B) The following new provisions of COMAR 26.11.02 (Permits, Approvals and Registration), effective May 8, 1995, replacing COMAR 26.11.02.01 through 26.11.02.16, as amended effective through April 26, 1993:
(
(
(C) Revision to COMAR 26.11.06.06E(4)(g), effective May 8, 1995.
(D) Revision to COMAR 26.11.19.02G(3)(b), effective May 8, 1995.
(E) Revisions to COMAR 26.11.02.01B(13), .06B (introductory paragraph) and .06B(5), .10O(2), .10Q(7), .10U, .10V, .11A(1), .12A(1) and (2), .14A(1); addition of 26.11.02.10O(13) and (14), .10W, .11A(2)and .12A(3); removal of 26.11.02.14A(2)—existing .14A(3) is renumbered as .14A(2), effective June 16, 1997.
(F) Revision to COMAR 26.11.02.10E, effective September 22, 1997.
(G) Revision to COMAR 26.11.02.09C, effective May 4, 1998.
(H) Revisions to COMAR 26.11.02.10C, .10V and .10W; addition of COMAR 26.11.02.10X, effective March 22, 1999.
(ii) Additional Material.—Remainder of the State submittal pertaining to the revisions listed in paragraph (c)(182)(i) of this section.
Environmental Protection Agency (EPA).
Direct final rule.
EPA is taking direct final action to approve revisions to the Mojave Desert Air Quality Management District (MDAQMD) portion of the California State Implementation Plan (SIP). These revisions concern Oxides of Nitrogen (NO
This rule is effective on April 28, 2003 without further notice, unless EPA receives adverse comments by March 31, 2003. If we receive such comment, we will publish a timely withdrawal in the
Mail comments to Andy Steckel, Rulemaking Office Chief (AIR-4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901.
You can inspect copies of the submitted SIP revisions and EPA's technical support document (TSD) at our Region IX office during normal business hours. You may also see copies of the submitted SIP revisions at the following locations:
A copy of the rule may also be available via the Internet at
Charnjit Bhullar, EPA Region IX, (415) 972-3960.
Throughout this document, “we,” “us” and “our” refer to EPA.
Table 1 lists the rule we are approving with the date that it was adopted by the local air agency and submitted by the California Air Resources Board (CARB).
On July 23, 2002, this rule submittal was found to meet the completeness criteria in 40 CFR part 51, appendix V, which must be met before formal EPA review.
MDAQMD adopted an earlier version of this rule on October 22, 2001, and CARB submitted it to us on November 8, 2001. We published approval of this previous version of Rule 1161 into the SIP on January 2, 2002 (67 FR 19).
Rule 1161 applies to cement manufacturing operations within the Federal ozone non-attainment area
On March 25, 2002, MDAQMD adopted the amended rule 1161. On June 18, 2002, CARB submitted the revised version of rule 1161 for approval into the SIP. Rule 1161, as revised, addresses CARB's comments.
The TSD has more information about this rule.
Generally, SIP rules must be enforceable (see section 110(a) of the Act), must require Reasonably Available Control Technology (RACT) for major sources in nonattainment areas (see sections 182(a)(2)(A) and 182(f)), and must not relax existing requirements (see sections 110(l) and 193). The MDAQMD regulates an ozone nonattainment area (see 40 CFR part 81), so Rule 1161 must fulfill RACT.
Guidance and policy documents that we used to help evaluate enforceability and RACT requirements consistently include the following:
1. Issue Relating to VOC Regulation, Cut points, Deficiencies, and Deviations (the Blue Book), U.S. EPA, May 25, 1988.
2. “Guidance Document for Correcting VOC Rule Deficiencies”, U.S. EPA Region 9, August 21, 2001 (the little bluebook).
3. State Implementation Plans; Nitrogen Oxides Supplement to the General Preamble for the Implementation of Title I of the Clean Air Act Amendment of 1990 (the “NO
4. Nitrogen Oxides (NO
5. Alternative Control Techniques (ACT) Document, NO
6. State Implementation Plans (SIPS): Policy Regarding Excess Emissions During Malfunctions, Startup, and Shutdown, dated September 20, 1999.
We believe this rule is consistent with the relevant policy and guidance regarding enforceability, RACT, and SIP relaxations.
The TSD has more information on our evaluation.
As authorized in section 110(k)(3) of the Act, EPA is fully approving the submitted rule because we believe it fulfills all relevant requirements. We do not think anyone will object to this approval, so we are finalizing it without proposing it in advance. However, in the Proposed Rules section of this
Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment.
NO
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001). This action merely approves state law as meeting federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601
This rule also does not have tribal implications because it will 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,
In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
The Congressional Review Act, 5 U.S.C. 801
Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by April 28, 2003. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)
Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements.
1. The authority citation for part 52 continues to read as follows:
42 U.S.C. 7401
2. Section 52.220 is amended by adding paragraph (c)(300) to read as follows:
(c) * * *
(300) Amended regulations for the following APCDs were submitted on June 18, 2002, by the Governor's designee.
(i) Incorporation by reference.
(A) Mojave Desert Air Quality Management District.
(
Environmental Protection Agency (EPA).
Direct final rule.
EPA is taking direct final action to approve revisions to the Maryland State Implementation Plan (SIP). One revision removes from the SIP the state ambient air quality standard for hydrocarbons. The other revision removes an outdated citation of a current SIP provision regarding the granting of visible emissions exceptions by control officers. EPA is approving these revisions in accordance with the requirements of the Clean Air Act.
This rule is effective on April 28, 2003 without further notice, unless EPA receives adverse written comment by March 31, 2003. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the
Written comments should be addressed to Harold A. Frankford, Office of Air Programs, Mailcode 3AP20, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the documents relevant to this action are available for public inspection during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; the Air and Radiation Docket and Information Center, U.S. Environmental Protection Agency, 1301 Constitution Avenue, NW., Room B108, Washington, DC 20460; and Maryland Department of the Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230.
Harold A. Frankford, (215) 814-2108, or by e-mail at
On November 18, 2002 and November 26, 2002, the State of Maryland submitted formal revisions to its State Implementation Plan (SIP). These revisions consists of the removal of outdated and redundant provisions from the Maryland SIP. The November 18, 2002 revision (#85-03) removes the ambient air quality standard for hydrocarbons. The November 26, 2002 revision (#84-06) removes a provision from Maryland's regulations governing control of fuel burning equipment and internal stationary sources.
The fuel burning equipment provision being reviewed in this action allows control officers to grant visible emissions exceptions for small residential units and small heating
With regard to the ambient air quality standard for hydrocarbons, EPA had removed this pollutant from the list of national ambient air quality standards (NAAQS) cited in 40 CFR part 50 on January 5, 1983 (48 FR 629). In response to EPA's action, Maryland removed the state hydrocarbons standard from COMAR 10.18.03, effective October 14, 1985. After EPA reviewed the history of Maryland's formal SIP actions taken since 1985, it was not clear whether EPA had received a formal request from Maryland to remove the State's ambient hydrocarbons standard from the SIP. Therefore, on November 18, 2002, Maryland submitted a formal SIP revision request reaffirming its intent to remove this provision from the SIP.
Given the history of the State and EPA rulemaking actions associated with these two provisions, EPA regards these revisions as “housekeeping” actions with no impact on Agency policy, ambient air quality, or enforceability.
EPA is approving the removal of the visible emissions exceptions provision cited at COMAR 10.18.09.05A(3)(b)(i) and (ii). As explained earlier in this action, the actual provision remains in the SIP, but in a different location within Maryland's air pollution control regulations. EPA is also approving the removal of Maryland's ambient air quality standard for hydrocarbons from the Maryland SIP.
EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comment. However, in the “Proposed Rules” section of today's
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601
In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
The Congressional Review Act, 5 U.S.C. 801
Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by April 28, 2003. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action to approve miscellaneous Maryland SIP revisions may not be challenged later in proceedings to enforce its requirements. (
Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Particulate matter.
42 U.S.C. 7401
(c) * * *
(180) Revisions to the Code of Maryland Administrative Regulations (COMAR) submitted on November 18, 2002 and November 26, 2002 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of November 18, 2002 from the Maryland Department of the Environment transmitting the removal of Code of Maryland Administrative Regulation (COMAR) 10.18.03.08—the State ambient air quality standard for hydrocarbons.
(B) Removal of COMAR 10.18.03.08, effective October 14, 1985.
(C) Letter of November 26, 2002 from the Maryland Department of the Environment transmitting revisions to COMAR 10.18.09.05 regarding the removal of provisions granting visible emissions exceptions by control officers in Maryland Areas I, II, V, and VI.
(D) Removal of COMAR 10.18.09.05A(3)(b)(i) and .05A(3)(b)(ii), effective December 3, 1984.
(ii) Additional Material.
(A) Remainder of the State submittals pertaining to the revisions listed in paragraph (c)(180)(i) of this section.
(B) Letter dated January 9, 2003 from the Maryland Air and Radiation Management Administration to the Environmental Protection Agency, Region III, clarifying the reasons for removing the provisions of COMAR 10.18.09.05B(3)(i) and (ii).
Environmental Protection Agency.
Direct final rule.
The Environmental Protection Agency (EPA) is approving a negative declaration submitted by the Government of the United States (US) Virgin Islands. The negative declaration satisfies EPA's promulgated Emission Guidelines (EG) for existing commercial and industrial solid waste incineration (CISWI) units. In accordance with the EG, states are not required to submit a plan to implement and enforce the EG if there are no existing CISWI units in the state and if it submits a negative declaration letter in place of the State Plan.
This direct final rule is effective on April 28, 2003 without further notice, unless EPA receives adverse comment by March 30, 2003.
If an adverse comment is received, EPA will publish a timely withdrawal in the
All comments should be addressed to: Raymond Werner, Chief, Air Programs Branch, Environmental Protection Agency, Region II Office, 290 Broadway, New York, New York 10007-1866.
A copy of the Virgin Islands submittal is available for inspection at the Region 2 Office in New York City. Those interested in inspecting the submittal must arrange an appointment in advance by calling (212) 637-4249. Alternatively, appointments may be arranged via e-mail by sending a message to Demian P. Ellis at
A copy of the Virgin Islands submittal is also available for inspection at the following locations:
Virgin Islands Department of Planning and Natural Resources, Division of Environmental Protection, Cyril E. King Airport, Terminal Building, 2nd Floor, St. Thomas, USVI, 00802.
Demian P. Ellis, Air Programs Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New York, New York 10007-1866, Telephone, (212) 637-4249.
The following table of contents describes the format for the
The Environmental Protection Agency (EPA) is approving a negative declaration submitted by the Government of the United States Virgin Islands (Virgin Islands) dated October 25, 2002. This negative declaration finds that there are no existing commercial and industrial solid waste incineration (CISWI) units throughout the Territory of the Virgin Islands. The negative declaration satisfies the federal Emission Guidelines (EG) requirements of EPA's promulgated regulation entitled “Emission Guidelines for Existing Commercial and Industrial Solid Waste Incineration Units'' (65 FR 75338, December 1, 2000). The negative declaration officially certifies to EPA that, to the best of the Virgin Islands' knowledge, there are no CISWI units in operation within the Territory.
EPA has evaluated the negative declaration submitted by the Virgin Islands for consistency with the Clean Air Act (Act), EPA guidelines and policy. EPA has determined that the Virgin Islands' negative declaration meets all applicable requirements and, therefore, EPA is approving the Virgin Islands' certification that there are no existing CISWI units in operation throughout the Territory. The Virgin Islands has certified in its negative declaration that there are no CISWI units that meet the EG criteria based on file review, inspections, and a territory-wide search.
EPA's approval of the Virgin Islands' negative declaration is based on the following:
(1) The Virgin Islands has met the requirements of § 60.23(b) in Title 40, part 60, subpart B of the Code of Federal Regulations (40 CFR part 60) for submittal of a letter of negative declaration that certifies there are no existing facilities within the Territory. Such certification exempts the Virgin Islands from the requirements to submit a plan.
(2) EPA's own source inventory files indicate there are no existing CISWI units operating within the Territory of the Virgin Islands.
Section 60.2530 of 40 CFR part 60, subpart DDDD (65 FR 75364, December 1, 2000) requires that if, after the effective date of today's action, an existing CISWI unit is found within the Virgin Islands, the Federal Plan implementing the EG would automatically apply to that CISWI unit until a State Plan is approved by EPA.
The Federal Plan was proposed on November 25, 2002 (67 FR 70640) and is expected to be promulgated in the near future. The Federal Plan will apply to CISWI units in states, commonwealths, and territories (1) where the EPA inventory identifies CISWI units and a plan is required and has not been submitted and approved by EPA and (2) where the EPA inventory did not identify any CISWI unit and a negative declaration has been received and approved by EPA (such as the Virgin Islands) and a CISWI unit is subsequently identified in the State or territory. If and when a State Plan, or in this case a Territorial Plan, for CISWI units is submitted and approved, the Federal Plan would no longer apply.
Section 111(d) of the Act requires that pollutants controlled under New Source Performance Standards (NSPS) must also be controlled at existing sources in the same source category. Once an NSPS is issued, EPA then publishes an EG applicable to the control of the same pollutant from existing (designated) facilities. States with designated facilities must then develop State Plans to adopt the EG into their body of regulations.
Under section 129 of the Act, the EG is not federally enforceable. Section 129(b)(2) of the Act requires states to submit State Plans to EPA for approval. State Plans must be at least as protective as the EG, and they become Federally enforceable upon EPA approval. The procedures for adopting and submitting State Plans, as well as state requirements for a negative declaration, are in 40 CFR part 60, subpart B.
EPA originally issued the subpart B provisions on November 17, 1975. EPA amended subpart B on December 19, 1995, to allow the subparts developed under section 129 to include specifications that supersede the general provisions in subpart B regarding the schedule for submittal of State Plans, the stringency of the emission limitations, and the compliance schedules (60 FR 65414).
On December 1, 2000, under sections 111 and 129 of the Act, EPA issued the NSPS applicable to new CISWI units and the EG applicable to existing CISWI units. The NSPS and EG are codified at 40 CFR part 60, subparts CCCC (65 FR 75350 December 1, 2000) and DDDD (65 FR 75362 December 1, 2000), respectively.
If you own or operate a combustion device that combusts commercial and industrial waste and you (1) began the construction of your CISWI unit on or before November 30, 1999 or (2) began reconstruction or modification of your CISWI unit prior to June 1, 2001, you must comply with these requirements. See § 60.2555 of 40 CFR part 60, subpart DDDD for a list of CISWI units exempt from the Federal requirements.
EPA has determined that the Virgin Islands' negative declaration meets all federal requirements and, therefore, EPA is approving the Virgin Islands' certification that no applicable CISWI units are in operation within the Territory of the U.S. Virgin Islands. If any existing CISWI units are discovered in the future, the Federal Plan implementing the EG would automatically apply to that CISWI unit until the State Plan is approved by EPA.
The EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. However, in the proposed rules section of this
If the EPA receives adverse comments, then EPA will publish a timely withdrawal in the
The Office of Management and Budget (OMB) has exempted this regulatory action from Executive Order 12866, entitled “Regulatory Planning and Review.”
Executive Order 13045 entitled, “Protection of Children from Environmental Health Risks and Safety Risks” (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 does not involve decisions intended to mitigate environmental health or safety risks.
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.”
Under section 6(b) of Executive Order 13132, EPA may not issue a regulation that has federalism implications, that imposes substantial direct compliance costs, and that is not required by statute, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by state and local governments, or EPA consults with state and local officials early in the process of developing the proposed regulation. Under section 6(c) of Executive Order 13132, EPA may not issue a regulation that has federalism implications and that preempts state law, unless the Agency consults with state and local officials early in the process of developing the proposed regulation.
EPA has concluded that this rule may have federalism implications. The only reason why this rule may have federalism implications is if in the future a CISWI unit is found within the Territory of the U.S. Virgin Islands the unit will become subject to the Federal Plan until a State Plan is approved by EPA. However, it will not impose substantial direct compliance costs on state or local governments, nor will it preempt state law. Thus, the requirements of sections 6(b) and 6(c) of the Executive Order do not apply to this rule.
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.”
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. Thus, Executive Order 13175 does not apply to this rule.
The Regulatory Flexibility Act (RFA) generally requires an agency to conduct a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements 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 not-for-profit enterprises, and small governmental jurisdictions.
This rule will not have a significant impact on a substantial number of small entities because as a negative declaration it is not subject to the CISWI EG requirements. Therefore, because the Federal approval does not create any new requirements, I certify that this action will not have a significant economic impact on a substantial number of small entities.
Under sections 202 of the Unfunded Mandates Reform Act of 1995 (“Unfunded Mandates Act”), signed into law on March 22, 1995, EPA must prepare a budgetary impact statement to accompany any proposed or final rule that includes a Federal mandate that may result in estimated costs to State, local, or tribal governments in the aggregate; or to the private sector, of $100 million or more. Under section 205, EPA must select the most cost-effective and least burdensome alternative that achieves the objectives of the rule and is consistent with statutory requirements. Section 203 requires EPA to establish a plan for informing and advising any small governments that may be significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not include a Federal mandate that may result in estimated costs of $100 million or more to either State, commonwealth, territorial, local, or tribal governments in the aggregate, or to the private sector. This Federal action approves pre-existing requirements under State or local law, and imposes no new requirements. Accordingly, no additional costs to State, commonwealth, territorial, local, or tribal governments, or to the private sector, result from this action.
The Congressional Review Act, 5 U.S.C. section 801
Section 12 of the National Technology Transfer and Advancement Act (NTTAA) of 1995 requires Federal agencies to evaluate existing technical standards when developing a new regulation. To comply with NTTAA, EPA must consider and use “voluntary consensus standards” (VCS) if available and applicable when developing programs and policies unless doing so would be inconsistent with applicable law or otherwise impractical.
The EPA believes that VCS are inapplicable to this action. Today's action does not require the public to perform activities conducive to the use of VCS.
Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by April 28, 2003. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to
Environmental protection, Air pollution control, Commercial and industrial solid waste incineration units, Intergovernmental relations, Lead, Reporting and recordkeeping requirements.
Part 62, chapter I, title 40 of the Code of Federal Regulations is amended as follows:
42 U.S.C. 7401-7671q.
Air Emissions From Existing Commercial and Industrial Solid Waste Incineration Units Constructed on or Before November 30, 1999 or Reconstructed or Modified prior to June 1, 2001.
Letter from the Virgin Islands Department of Planning and Natural Resources, submitted October 25, 2002, certifying that there are no existing commercial and industrial solid waste incineration units in the Territory of the United States Virgin Islands subject to part 60, subpart DDDD of this chapter.
Nuclear Regulatory Commission.
Petition for rulemaking: denial.
The U.S. Nuclear Regulatory Commission (NRC) is denying a petition for rulemaking submitted by the State of Nevada. The petitioner requests that the NRC amend its regulations governing the disposal of high-level radioactive waste in a proposed geologic repository at Yucca Mountain, Nevada. The petitioner believes that the present regulations are deficient because, in petitioner's view, they do not provide the regulatory framework to ensure that the repository isolates high-level radioactive waste over the long term primarily by geologic means and they do not demand that the applicant provide an “affirmative safety case” for the repository. These deficiencies, in petitioner's view, indicate that the regulations are not in full compliance with the Nuclear Waste Policy Act of 1982, as amended (NWPA), and/or the Atomic Energy Act of 1954, as amended (AEA). The NRC is denying the petition because: petitioner's assertion that Part 63 is not in full compliance with NWPA or AEA is without substance; the petition does not appear to present significant new factual information or policy recommendations that the Commission did not consider in the rulemaking which established Part 63, and it would be an unwise expenditure of resources to reconsider issues resolved in that rulemaking.
Copies of the petition for rulemaking and the NRC's letter to the petitioner are available on NRC's rulemaking Web site at
The NRC maintains an Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. These documents may be accessed through NRC's Public Electronic Reading Room on the Internet at
Timothy McCartin, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-7285 or Toll Free: 1-800-368-5642, e-mail:
On July 12, 2002, the State of Nevada submitted a “Petition to Institute Rulemaking: Part 63” (petition) which was docketed as a petition for rulemaking under 10 CFR 2.802 of the Commission's regulations (PRM-63-1). The petition requests amendments to 10 CFR Part 63, NRC's regulations governing the disposal of high-level radioactive waste (HLW) in a proposed geologic repository at Yucca Mountain, Nevada (YM). Petitioner believes that its proposed amendments are needed to bring Part 63 into full compliance with the Nuclear Waste Policy Act of 1982, as amended, 42 U.S.C. 10101
Specifically, the petition requests amendments to Part 63 as discussed below.
At present, § 63.15(a) provides:
(a) DOE shall conduct a program of site characterization with respect to the Yucca Mountain site before it submits an application for a license to be issued under this part.
Petitioner requests that the following two sentences be added:
DOE's site characterization shall include criteria, developed pursuant to section 112(a) of the NWPA, to be used to determine the suitability of the Yucca Mountain site for the location of a geologic repository. Such criteria shall ensure that the geologic setting of the Yucca Mountain site is the primary barrier against the release of radionuclides to the biosphere from the multi-barrier repository system.
Petitioner requests that the first sentence of paragraph (a) be modified, and new paragraphs (c) and (d) be added, as follows:
(a) An application consists of general information, a Safety Analysis Report, documentation propounding an affirmative safety case for the Yucca Mountain repository, and documentation that the site does not have any material disqualifying conditions. * * *
(c) The affirmative safety case must include:
(1) A realistic assessment of system evolution and radionuclide migration, drawing on natural and historical analogs.
(2) Documentation evidencing an overall understanding by the applicant of the key safety-relevant factors in the repository system, communicated in a manner that aids in public understanding.
(3) Disaggregated dose projections with documentation of which particular factors or sub-scenarios can lead to large potential doses, explaining as well the likelihood of occurrence of such scenarios.
(4) Use of multiple performance measures showing, at a minimum, the effects of each isolation barrier and the spatial and temporal distribution of radionuclides within each component of the repository system.
(5) A simplified interpretative or insight model containing only the key processes affecting safety, for use by the Commission and the public to assess the safety of the repository.
(6) Documentation of the major conservatisms and optimisms in the total system performance analysis, and quantification of their impacts with respect to realistic post-closure assumptions.
(7) Documentation of extreme conditions which might give rise to doses above
(8) A description and prioritization of the isolation features that are considered important to keep releases and doses within regulatory limits and as low as is reasonably achievable.
(9) Documentation of where the major uncertainties lie in the total system performance assessment and how the applicant will mitigate such uncertainties.
(10) Documentation of a sensitivity case where engineered barriers are rendered ineffective, individually and collectively.
(11) Presentation of the key features and results for each material subscenario in the repository system.
(12) A comparison of and rebuttal to results of any scientific peer review of the applicant's total system performance assessment and/or its underlying science performed by the Nuclear Waste Technical Review Board, the International Atomic Energy Agency, or other peer reviewer designated by the applicant or the Commission.
(d)
(1) Potential for flooding of the underground facility.
(2) Potential for natural phenomena such as subsidence or volcanic activity of such a magnitude that large-scale surface water impoundments could be created that could change the regional groundwater flow system and thereby adversely affect the performance of the repository.
(3) Structural deformation, such as uplift, subsidence, folding, or faulting that may adversely affect the regional groundwater flow system.
(4) Potential for changes in hydrogeologic conditions that would affect the migration of radionuclides to the accessible environment, such as changes in hydraulic gradient, average interstitial velocity, storage coefficient, hydraulic conductivity, natural recharge, potentiometric levels, and discharge points.
(5) Potential for changes in hydrologic conditions resulting from reasonably foreseeable climatic changes.
(6) Groundwater conditions in the host rock, including chemical composition, high ionic strength or ranges of Eh-pH, that could increase the solubility or chemical reactivity of the engineered barrier system.
(7) Geochemical processes that would reduce sorption of radionuclides, result in degradation of the rock strength, or adversely affect the performance of the engineered barrier system.
(8) Groundwater conditions in the host rock that are not reducing.
(9) Evidence of dissolutioning such as breccia pipes, dissolution cavities, or brine pockets.
(10) Structural deformation such as uplift, subsidence, folding, and faulting during the Quaternary Period.
(11) Earthquakes that have occurred historically that if they were to be repeated could affect the site significantly.
(12) Indications, based on correlations of earthquakes with tectonic processes and features, that either the frequency of occurrence or magnitude of earthquakes may increase.
(13) More frequent occurrence of earthquakes or earthquakes of higher magnitude than is typical of the area in which the geologic setting is located.
(14) Evidence of igneous activity since the start of the Quaternary Period.
(15) Evidence of extreme erosion during the Quaternary Period.
(16) The presence of naturally occurring materials, whether identified or undiscovered, within the site, in such form that:
(i) Economic extraction is currently feasible or potentially feasible during the foreseeable future; or
(ii) Such materials have greater gross value or net value than the average for other areas or similar size that are representative of and located within the geologic setting.
(17) Rock or groundwater conditions that would require complex engineering measures in the design and construction of the underground facility or in the sealing of boreholes and shafts.
(18) Geomechanical properties that do not permit design of underground opening that will remain stable through permanent closure.
(19) Potential for the water table to rise sufficiently so as to cause saturation of an underground facility located in the unsaturated zone.
(20) Potential for existing or future perched water bodies that may saturate portions of the underground facility or provide a faster flow path from an underground facility located in the unsaturated zone to the accessible environment.
(21) Potential for the movement of radionuclides in a gaseous state through air-filled pore spaces of an unsaturated geologic medium to the accessible environment.
Petitioner requests that new paragraphs (e) and (f) be added to this section, as follows:
(e)
(f)
Petitioner requests that a new paragraph (d) be added to this section, as follows:
(d) The natural features of the geologic setting shall constitute the primary barrier for assuring the long-term isolation of high-level radioactive waste and spent nuclear fuel at the proposed geologic repository at Yucca Mountain.
Petitioner requests that the words “a reasonable expectation” in this section be replaced with the words “reasonable assurance” so that it reads as follows:
DOE must demonstrate, using performance assessment, that there is reasonable assurance that, for 10,000 years following disposal, the reasonably maximally exposed individual receives no more than an annual dose of 0.15 mSv (15 mrem) from releases from the undisturbed Yucca Mountain disposal system. DOE's analysis must include all potential pathways of radionuclide transport and exposure.
In addition, petitioner requests that § 63.304, providing a definition of “reasonable expectation,” be deleted in its entirety.
Petitioner believes that the present Part 63 rule is “materially deficient” for two reasons: (1) it “does not now provide the regulatory framework to assure that the repository isolates [HLW] over the long term primarily by geologic means;” and (2) it “does not demand of the applicant that it provide an affirmative safety case for the repository.” Petition at 4. Lacking these two “fundamental prerequisites,” Part 63, in petitioner's view, “fails to assure the long-term safety of the repository or its compliance with the statutory requirements of the NWPA.”
Petitioner asserts that 10 CFR Part 63 must be revised such that it assures that the repository will isolate HLW primarily by geologic means both as a matter of law and as a matter of sound science. To support its “law” position, petitioner argues that the plain language of sections 112(a) and 113(b)(1) of NWPA, together with the legislative history of these sections, requires that geologic isolation be the primary form of containment for waste at the YM repository. Petition at 11-18. Section 112(a) requires DOE to issue guidelines for the recommendation of sites for repositories which,
To support its “sound science” position, petitioner provides a detailed history of scientific studies that petitioner says underlie “the requirement of Section 112(a) of the NWPA that any repository in this nation must isolate radioactive waste primarily by geologic means.” Petition at 6;
Petitioner states that, initially, NRC, DOE and EPA each published rules which “individually and collectively conformed generally to the requirements of NWPA Section 112,”
Petitioner also contends that 10 CFR Part 63 must be revised so that it requires DOE, as the applicant for a license, to present “an affirmative safety case” for the repository. Petitioner admits that “[a]s written, Part 63 arguably provides the regulatory framework to establish whether the Yucca Mountain repository will satisfy the radiological release criteria set by [EPA],” Petition at 4, but believes that this is insufficient to demonstrate that the repository is safe. According to petitioner, to demonstrate that the repository is safe, NRC must require demonstration of an understanding of repository performance, including that the geologic setting of the repository will, in fact, protect the public from the danger of radioactive releases whenever such releases might occur. Petition at 33-34. At present, petitioner asserts, the repository will become most dangerous to humans and the environment after the 10,000 year regulatory time period, a “blatantly unsafe condition” which should prevent the licensing of the repository. Petition at 33; see Attachment 2. Petitioner supports its view that an affirmative safety case is needed by incorporating criticisms of DOE's Total System Performance Assessment for the site recommendation process (TSPA-SR) made in a report by an international peer review,
NRC is denying the petition because:
(1) Petitioner's assertion that 10 CFR part 63 is not in full compliance with NWPA or AEA is without substance.
(2) The Commission promulgated 10 CFR part 63 little over a year ago after an extensive rulemaking process that provided an enhanced level of stakeholder participation. The petition does not appear to present any significant new factual information or policy recommendations that the Commission has not already considered and it would be an unwise expenditure of resources to reconsider issues already resolved in the part 63 rulemaking.
Petitioner asserts that current part 63 regulations are not in full compliance with NWPA. Petition at 3. This is because, in petitioner's view, the current rule does not “provide the regulatory framework to assure that the repository isolates high-level radioactive waste over the long term primarily by geologic means.” Petition at 4. Petitioner further asserts that the rule is deficient, under section 161b. of the Atomic Energy Act of 1954, as amended (AEA), 42 U.S.C. 2201(b), because the rule does not require the applicant to provide “an affirmative safety case” for the repository. Petition at 4, 22. Petitioner misreads the Commission's duty under both of these statutes. As explained below, the Commission finds no legal infirmity in the current Part 63 regulations and thus there is no reason to amend Part 63 to cure any supposed lack of conformity with NWPA or AEA.
Congress first spelled out directions for rulemakings to be undertaken to set requirements for a repository in section 121 of NWPA as enacted in 1982, 42 U.S.C. 10141. The Environmental Protection Agency (EPA) was to “promulgate generally applicable standards for protection of the general environment from offsite releases from radioactive material in repositories” (sec. 121(a)), and NRC, “pursuant to authority under other provisions of law,” was “by rule, [to] promulgate technical requirements and criteria that it will apply * * * in approving or disapproving * * * applications for authorization to construct repositories [and] applications for licenses to receive and possess spent nuclear fuel and [HLW] in such repositories * * *” (sec. 121(b)(1)(A)). Congress placed only three restrictions on the substance of the regulations NRC was to promulgate:
(1) NRC's criteria “shall provide for the use of a system of multiple barriers
(2) NRC's criteria “shall include such restrictions on the retrievability of the solidified [HLW] and spent fuel emplaced in the repository as the Commission deems appropriate” (sec. 121(b)(1)(B)); and
(3) NRC's criteria “shall not be inconsistent with any comparable standards promulgated by the Administrator under subsection (a)” (sec. 121(b)(1)(C)).
The first of these restrictions shows that although Congress did require NRC to provide for “multiple barriers” for waste isolation, it did not specify that geologic barriers must be primary or qualify the “multiple barriers” requirement in any other way.
Congress amended NWPA in 1987 to focus the national waste program exclusively on the characterization of the YM site as a potential geologic repository, but did not alter section 121 or otherwise place a requirement on NRC to make geologic barriers the primary means of waste isolation in its rules. Pub. L. 100-203 (101 Stat. 1330). Congress again revised the national waste program in the Energy Policy Act of 1992 (EnPA), Pub. L. 102-486, October 24, 1992. In the EnPA, Congress directed EPA to promulgate standards applicable solely to the Yucca Mountain site and directed NRC to modify its technical requirements and criteria under section 121(b) of NWPA, as necessary, to be consistent with EPA's standards. Section 801 of EnPA. EnPA did not direct either EPA or NRC to require that geologic barriers be the primary form of waste isolation.
NRC initially established its procedural rules for a repository in 1981 in a new 10 CFR Part 60. (46 FR 13971; February 25, 1981). In 1983, NRC incorporated technical requirements into Part 60, as directed by NWPA. (48 FR 28194; June 21, 1983). The Commission explained that the purpose of the technical criteria was “to define more clearly the bases upon which licensing determinations will be made * * .*” (48 FR 28195). The Commission acknowledged that licensing decisions would be complicated by the uncertainties that are associated with predicting the behavior of a geologic repository over thousands of years and stated that it intended to address this difficulty by requiring that a DOE proposal be based upon a multiple barrier approach:
An engineered barrier system is required to compensate for uncertainties in predicting the performance of the geologic setting, especially during the period of high radioactivity. Similarly, because the performance of the engineered barrier system is also subject to considerable uncertainty, the geologic setting must be able to contribute significantly to isolation.
As explained above, EnPA required NRC to modify its technical requirements to assure consistency with EPA's standards for a repository at YM. In response to this mandate, NRC published a proposed rule to establish a new, separate part of its regulations at 10 CFR Part 63. (64 FR 8640; February 22, 1999). The proposed rule was designed to do more than simply conform NRC's technical requirements to an EPA standard. The Commission recognized that in the 15 years since the Part 60 technical criteria had been put in place, there had been “considerable evolution in the capability of technical methods for assessing the performance of a geologic repository at Yucca Mountain [and that] * * * their implementation for Yucca Mountain [would] avoid the imposition of unnecessary, ambiguous, or potentially conflicting criteria that could result from the application of some of the Commission's generic requirements at 10 CFR Part 60.” (64 FR 8641). In addition, the Commission recognized an opportunity to establish criteria compatible with the Commission's overall philosophy of risk-informed and performance-based regulation:
[T]he creation of a new part of its regulations to [achieve risk-informed, performance-based regulations] is preferable to modifying its generic requirements, given the fundamentally different approach laid out for Yucca Mountain by EnPA and NAS than was contemplated when the generic criteria were promulgated. More specifically, EnPA and NAS have specified an approach that would require the performance of a Yucca Mountain repository to comply with a health-based standard established in consideration of risk to a hypothetical critical group, and, further, that this would be the only quantitative standard for the post-closure performance of the repository. This approach is incompatible with the approach taken in the existing generic criteria which relies on quantitative, subsystem performance standards.
In the final rule (66 FR 55732; November 2, 2001), the Commission clarified the intent of NWPA's multi-barrier provision:
Section 63.113(a) requires that the geologic repository include multiple barriers, both natural and engineered. Geologic disposal of HLW is predicated on the expectation that one or more aspects of the geologic setting will be capable of contributing to the isolation of radioactive waste and thus be a barrier important to waste isolation. * * * The performance assessment provides an evaluation of the repository performance based on credible methods and parameters including the consideration of uncertainty in the behavior of the repository system. Thus the performance assessment results reflect the capability of each of the barriers to cope with a variety of challenges. * * * A description of each barrier's capability * * * as reflected in the performance assessment, provides an understanding of how the natural barriers and the engineered barrier system work in combination to enhance the resiliency of the geologic repository. The Commission believes that this understanding can increase confidence that the postclosure performance objectives specified at § 63.113(b) and (c) will be achieved and that DOE's design includes a system of multiple barriers.
In sum, the NWPA as enacted in 1982 requires that NRC's regulations for a repository must specify the use of a system of multiple barriers. Neither Congress' amendment of NWPA in 1987 nor its enactment of EnPA in 1992 altered that direction. None of this legislation required that geologic considerations were to be the primary criteria for licensing a repository. NRC's technical criteria in Part 60, issued in 1983 in response to NWPA's direction, did not make geologic barriers the primary criteria but did, in implementing the multi-barrier requirement, set separate numerical criteria for both the engineered and the geologic barriers to meet. NRC reconsidered this approach in 2001 when it issued regulations governing DOE's license application for a repository at YM and decided not to include subsystem requirements. NRC provided a detailed explanation of its reasons for altering its approach for implementing NWPA's multi-barrier requirement. We have no doubt that Part 63 fully complies with Congress' statutory directions to NRC.
Petitioner ignores section 121 of NWPA—which speaks directly to NRC's duty with respect to issuing regulations for the repository—and, instead, locates the asserted duty of the Commission to establish regulations requiring that geologic isolation be the primary form of containment for HLW in sections 112(a) and 113(b)(1) of the NWPA, 42 U.S.C. 10132(a) and 10133(b)(1).
As relevant here, section 112(a) provides:
SEC. 112. (a) GUIDELINES.—Not later than 180 days after the date of enactment of this Act, the Secretary, following consultation with the Council on Environmental Quality, the Administrator of the Environmental Protection Agency, the Director of the Geological Survey, and interested Governors, and the concurrence of the Commission shall issue general guidelines for the recommendation of sites for repositories. Such guidelines shall specify detailed geologic considerations that shall be primary criteria for the selection of sites in various geologic media. Such guidelines shall specify factors that qualify or disqualify any site from development as a repository. * * * Such guidelines shall require the Secretary to consider the various geologic media in which sites for repositories may be located and, to the extent practicable, to recommend sites in different geologic media. The Secretary shall use guidelines established under this subsection in considering candidate sites for recommendation under subsection (b). The Secretary may revise such guidelines from time to time, consistent with the provisions of this subsection.
The most obvious reason why these provisions of NWPA do not demand that NRC issue regulations requiring that geologic barriers be primary is that these provisions give direction to the Secretary of DOE, not to NRC. Petitioner assumes that the mandate given to DOE to formulate guidelines for the nomination, and then selection, of sites for characterization applies equally to NRC in promulgating its regulations. But there is no statutory language to support this. Petitioner may believe that although the statute itself is silent on any NRC duty to make geologic barriers primary, this result must necessarily follow from the duty placed on DOE to issue guidelines specifying “detailed geologic considerations that shall be primary criteria for the selection of sites in various geologic media.” Section 112(a). It may be readily acknowledged that it would make little sense for Congress to establish a system for selecting a repository where DOE guidelines for selection of sites and NRC regulations for licensing a repository would contradict each other.
Petitioner seeks to bootstrap the section 112(a) site selection guidelines into the requirement in section 113 that DOE prepare a site characterization plan which shall include “criteria to be used to determine the suitability of such candidate site for the location of a repository, developed pursuant to section 112(a).” Section 113(b)(1)(A)(iv).
Petitioner makes several unwarranted leaps in arriving at these conclusions. The first is that Congress intended that the criteria required under section 113 be the same as the guidelines required under section 112. DOE considered this question at considerable length when it issued its criteria for consideration of the YM site. (66 FR 57298, 57311-12; November 14, 2001). DOE concluded that Congress' directive in section 113(b)(1)(A)(iv) that the criteria to be used to determine the suitability of a candidate site for the location of a repository be “developed pursuant to section 112(a)” is best understood as “mandating observance of the special procedural requirements of section 112(a) in formulating or altering the section 113(b) ‘criteria,’ ”
In sum, because sections 112 and 113 of NWPA place no obligations on NRC with respect to rulemakings for a geologic repository, and because part 63 is in full conformance with section 121 of NWPA which does spell out NRC's rulemaking obligations, we reject petitioner's claim that part 63 is not in full conformance with NWPA and deny the petition.
Petitioner asserts that because part 63 does not demand that the applicant provide “an affirmative safety case” for the repository, “the rule is materially deficient.” Petition at 4. In petitioner's view, a requirement that DOE conduct a total system performance assessment “to determine whether a primary radiological standard set by the EPA can be met by the overall repository system, and not by any particular subsystem or any particular isolation barrier” is not adequate. Petition at 22. Rather, “under NRC's plenary safety jurisdiction (Atomic Energy Act Section 161b) * * * it would remain NRC's legal obligation to apply these basic scientific prerequisites [found in section 112(a) of NWPA] in providing for reasonable assurance of the safety of the repository. * * *”
Section 161b. of the AEA provides, in relevant part:
Sec. 161. General Provisions.
In the performance of its functions the Commission is authorized to—
* * *
b. establish by rule, regulation, or order, such standards and instructions to govern the possession and use of special nuclear material, source material, and byproduct material as the Commission may deem necessary or desirable to promote the common defense and security or to protect health or to minimize danger to life and property. * * *
We agree with petitioner that “[t]his is clearly an extremely broad grant of authority.” Petition at 6 n.2. The Commission is granted wide discretion to determine what standards are necessary or desirable to protect health and minimize danger to life and property. Through an extensive and open public process, the Commission set forth its post-closure public health and environmental standards in subpart L of part 63. Petitioner, however, is dissatisfied with these standards and would require inclusion of the DOE guidelines listed in section 112(a) of NWPA and/or the requirements preferred by the
On February 22, 1999 (64 FR 8640), the Commission published its proposed rule to establish licensing criteria for the disposal of HLW in the proposed geologic repository at YM. The public comment period, originally ending on May 10, 1999, was extended to June 30, 1999, in response to many requests for extension. During the public comment period, the NRC staff held a series of public meetings in Nevada to discuss the proposed rule and solicit public comment. The final rule was published on November 2, 2001 (66 FR 55732). Petitioner had multiple opportunities to file, and did file, extensive comments on the proposed rule, all of which were carefully considered by the Commission before issuing the final rule. We do not find in the petition significant new factual or policy information not already considered in the rulemaking that established part 63. Given this, and our recent consideration (in the part 63 rulemaking) of essentially the same questions petitioner now raises, it would not be a wise expenditure of resources to reopen these issues.
We briefly recount below the concerns that petitioner now raises as “material deficiencies,” but were in actuality resolved in the part 63 rulemaking.
Petitioner objects to the Commission's use of “reasonable expectation,” rather than “reasonable assurance,” to describe the degree of certainty to be obtained for the compliance of the repository with the post-closure performance standards. Petition at 3, n.1. The Commission has fully explained why it incorporated “reasonable expectation,” rather than “reasonable assurance,” into its implementing regulations for YM.
Petitioner requests that part 63 be revised to require that the geologic setting of the YM site be the primary barrier against release of radionuclides to the biosphere and a separate criterion be specified for the geologic setting (pre-waste-emplacement groundwater travel time along the fastest path of likely radionuclide travel from the disturbed zone to the accessible environment of at least 1,000 years). The role of the geologic setting, including the imposition of separate criteria for individual barriers (or sub-system requirements) was an important consideration during the development of part 63. NRC's generic regulations for HLW disposal at 10 CFR part 60 prescribe criteria for individual barriers. Petitioner's request would serve to continue the part 60 sub-system approach.
The Commission carefully considered the merits of including these types of barrier criteria when it proposed part 63, but decided against doing so:
Upon review * * * the Commission is persuaded that much of the basis for NRC's initial development of the specific numerical values for the subsystem criteria was generic judgment with regard to what was (and was not) feasible with regard to the quantitative assessment of long-term repository performance. Because the stated goal was to compensate for uncertainty, there was never any attempt to derive the subsystem performance criteria from a specified dose or risk level or from some projected dose or risk reduction expected to be achieved by their application. Furthermore, after 15 years of experience in working with the requirements of part 60, the Commission is concerned that, for the Yucca Mountain site, the application of the subsystem performance criteria at § 60.113 may impose significant additional expenditure of resources on the nation's HLW program, without producing any commensurate increase in the protection of public health and safety.
[D]espite its reconsideration of the merits of establishing quantitative criteria for the performance of repository subsystems, the Commission continues to believe that multiple barriers, as required by NWPA, must each make a definite contribution to the isolation of waste at Yucca Mountain, so that the Commission may find, with reasonable assurance, that the repository system will be able to achieve the overall safety objective over timeframes of thousands of years. Geologic disposal of HLW is predicated on the expectation that a portion of the geologic setting will act as a barrier, both to water reaching the waste, and to dissolved radionuclides migrating away from the repository, and thus, contribute to the isolation of radioactive waste.
NRC received comments both supporting and opposing its proposed approach for evaluating individual barriers, including a comment from petitioner requesting that the part 60 approach be retained. After careful consideration of these comments, the Commission decided to retain the proposed approach because:
1. It provides the Commission with information to be considered in its decisions without constraining its considerations to a specific limit for a particular barrier, which could result in less favorable overall system performance.
2. It gives the Commission the flexibility to consider the nature and extent of conservatism in the evaluations used for compliance demonstration, and to decide whether there is a need to require DOE to reduce uncertainties in its assessment (
3. Quantitative evidence of the capability of individual barriers to contribute to waste isolation is an integral part of the performance assessment. Therefore, an additional quantitative limit is not necessary to show that overall performance reflects a system of multiple barriers.
The Commission understands that establishment of explicit, quantitative limits for individual barriers might be considered a desirable and more easily explained approach. That being said, however, the Commission knows of no scientific basis for setting such limits for particular barriers at Yucca Mountain, or at any other site, independent of the complex repository system in which they must perform. The Commission is confident that evidence for the resilience, or lack of resilience, of a multiple-barrier system will be found by examining a comprehensive and properly documented performance assessment of the behavior of the overall repository system. Such an assessment must consider credible and supportable ranges of individual parameters and modeling assumptions, and must include multiple evaluations of a wide range of combinations of resulting barrier performance.
In sum, the Commission devoted considerable attention in its rulemaking proceeding to the question whether it should retain the subsystem requirements of part 60 which would establish quantitative performance criteria for the geologic barriers but decided against this approach. Petitioner is dissatisfied with this outcome and essentially seeks reconsideration of this decision. However, petitioner has presented no significant new information to support this request and it would be an unwise expenditure of resources to cover this same ground again in a new rulemaking.
NRC's generic Part 60 regulations contain siting criteria which include “potentially adverse conditions” which must be shown not to compromise the ability of the repository to meet the performance objectives for isolation of the wastes.
In proposing part 63, the Commission specified overall performance objectives for the preclosure and postclosure phases of the repository and requirements that compliance with these overall performance objectives be demonstrated through an integrated safety analysis of preclosure operations, and through a performance assessment for long-term, post-closure performance. The proposal did not specify potentially adverse conditions to be considered but did require that the performance assessment consider unfavorable, as well as favorable, information:
A defensible performance assessment should contain a technical rationale for those features, events, and processes that have been included in the performance calculation, as well as those that have been considered but were excluded. The features, events, and processes (
Consideration of all FEPs, especially those with the potential to have an adverse effect on performance, is an important part of the evaluation of repository performance. Commenters have correctly identified a number of conditions that have been or are being considered by DOE in performance assessments for Yucca Mountain, such as seismic activity, thermal effects, volcanic activity, microbial-induced corrosion of the waste package, and the potential for a significant rise of the water table. Section 63.114 requires DOE to consider all FEPs pertinent to a repository at Yucca Mountain and fully justify how they are treated in the performance assessment. In reviewing DOE's performance assessment, the NRC will evaluate how well DOE has accounted for those FEPs that could have an adverse effect on the repository.
Petitioner requests that § 63.113 be amended to add the following provision:
Petitioner believes that NRC must have reasonable assurance that the peak radiation doses to the accessible environment will occur within the regulatory compliance period.
(1) includes the period when the waste is inherently most hazardous; (2) is sufficiently long, such that a wide range of conditions will occur which will challenge the natural and the engineered barriers, providing a reasonable evaluation of the robustness of the geologic repository; and (3) is consistent with other regulations involving geologic disposal of long-lived hazardous materials, including radionuclides.
In selecting the length of time over which the individual dose limit should be applied, a regulatory agency must take into account technical, policy, and legal considerations. In fact, NAS noted that EPA might elect to establish consistent policies for managing comparable risks from disposal of long-lived hazardous materials. From a technical perspective, for example, the time-dependent variation of the hazard, along with the time required to evaluate adequately the waste isolation capability of both engineered and natural barriers, are of significance. From a policy perspective, on the other hand, the practical utility and relative uncertainty of extremely long projections of health consequences, along with the need to maintain a consistent regulatory approach for like hazards, need to be weighed. Having considered both technical and policy concerns, the Commission is proposing the use of 10,000 years for evaluating compliance with the system performance objective at § 63.113.
The fact that it is feasible to calculate performance of the engineered and geologic barriers making up the repository system for periods much longer than 10,000 years does not mean that it is possible to make realistic or meaningful projections of human exposure and risk, attributable to releases from the repository, over comparable time frames. NAS acknowledged that projecting the behavior of human society over long periods is beyond the limits of scientific analysis and recommended that “cautious, but reasonable” assumptions, based upon current knowledge, be made with regard to the selection of biosphere and critical group parameters for Yucca Mountain. Determining just how far into the future current knowledge can no longer support “reasonable” assumptions about pathways affecting human exposure is clearly a subjective, policy judgment. NRC believes that, for periods approaching 1,000,000 years, as suggested by NAS, during which significant climatic and even human evolution would almost certainly occur, it is all but impossible to make useful and informed assumptions about human behaviors and exposure pathways.
Thus, the Commission has considered the appropriate length of the compliance period and has determined that 10,000 years is an acceptable period for assessing compliance with performance standards. The
Petitioner believes that DOE must be required to present “an affirmative safety case” which demonstrates an understanding of repository performance. To ensure demonstration of an affirmative safety case, petitioner has proposed a new regulation (proposed § 63.21(c),
The regulations require that a risk-informed approach should be adopted in demonstrating compliance with the dose limit, in recognition of the uncertainties inherent in making assessments over long time frames in the future. It is also required that the assessment should reveal an understanding of the relationship between the performance of the repository sub-systems and the total system performance. Nevertheless despite the prescriptive nature of the regulations, the I[nternational] R[eview] T[eam] notes that the proposed licensing regulation 10 CFR 63 states that
The TSPA-SR methodology embodies a comprehensive computational framework for estimating possible doses to future generations using a complex systems-level model accounting for hundreds of features, events and processes and related parameter ranges. A key issue with this approach is the difficulty in understanding the meaning of the numerical results. In particular, it is often difficult to understand how the system is likely to evolve and which process and parameters are the most important.
In its review of the TSPA-SR, the IRT has observed a tendency for more focus to be given to the demonstration of numerical compliance with the proposed regulatory requirements than on developing and presenting an understanding of repository performance. Whilst it is completely understandable that the TSPA-SR should give due attention to demonstrating compliance with the prescribed dose limit, an in-depth understanding of the performance of the repository system is necessary to develop confidence in the overall design and safety of the repository and in the results of the assessment. In this regard, there is an emerging international consensus that building confidence in repository performance is of comparable importance to demonstrating compliance with criteria.
Thus, the Peer Review acknowledged the importance of DOE presenting, in its TSPA, an in-depth understanding of the performance of the repository system and recognized that demonstration of safety is more than numerical compliance with the proposed regulatory requirements. As a matter of record, a similar concern was raised during the public comment period on the proposed regulation (
Although repository postclosure performance is evaluated with respect to a single performance measure for individual protection, the NRC considers a broad range of information in arriving at a licensing decision. In the case of the proposed repository at Yucca Mountain, Part 63 contains a number of requirements (
The current regulations require that DOE provide an adequate and appropriate understanding of the repository system as part of its compliance demonstration. For example, the requirements for the performance assessment, at 10 CFR 63.114, specify that DOE must account for uncertainty in representing the repository system (both in parameters and models); provide a technical basis for either inclusion or exclusion of specific features, events, and processes in the performance assessment including the degradation, deterioration, or alteration processes of engineered and geologic barriers; and provide a technical basis for the models used in the performance assessment such as comparisons made with outputs of detailed process-level models and/or empirical observations (
In summary, the current regulations require that DOE: demonstrate an adequate and appropriate understanding of the repository system, supported by technical and scientific information that includes a range of important technical concerns, such as the features, events, and processes that could affect the performance of the repository; provide an evaluation of how uncertainty in parameters and models affects the estimates of repository performance; and show the capabilities of the engineered and geologic barriers to isolate waste.
Petitioner had full opportunity during the extensive Part 63 rulemaking to suggest additional requirements for DOE's application to provide greater understanding of the repository system, and did so in its comments questioning the appropriateness of the Commission's proposal to establish risk-informed and performance based regulations which would not include the existing sub-system performance requirements of Part 60. The
For all the reasons stated above, the NRC denies the petition in its entirety.
For the Nuclear Regulatory Commission.
Federal Aviation Administration, DOT.
Notice of proposed rulemaking (NPRM).
This document proposes the adoption of a new airworthiness directive (AD) that is applicable to all BAE Systems (Operations) Limited Model ATP airplanes. This proposal would require a one-time inspection of the fuel pipes within the fuel “float switch” test pipelines in the left and right inner wings for evidence of damage, cracks, misalignment, or fuel leakage; follow-on corrective actions, if necessary; and repetitive replacement of the fuel pipes at regular intervals. This action is necessary to prevent fuel vapors from collecting in the dry bay of the wing torsion box and consequent risk of an explosion due to fuel leakage. This action is intended to address the identified unsafe condition.
Comments must be received by March 31, 2003.
Submit comments in triplicate to the Federal Aviation Administration (FAA), Transport Airplane Directorate, ANM-114, Attention: Rules Docket No. 2001-NM-285-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:
The service information referenced in the proposed rule may be obtained from British Aerospace Regional Aircraft American Support, 13850 Mclearen Road, Herndon, Virginia 20171. This information may be examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington.
Todd Thompson, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 227-1175; fax (425) 227-1149.
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.
Submit comments using the following format:
• 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.
• For each issue, state what specific change to the proposed AD is being requested.
• Include justification (
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.
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-285-AD.” The postcard will be date stamped and returned to the commenter.
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-285-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056.
The Civil Aviation Authority (CAA), which is the airworthiness authority for the United Kingdom, notified the FAA that an unsafe condition may exist on all BAE Systems (Operations) Limited Model ATP airplanes. The CAA advises that it has received a report of failures of the fuel pipes within the “fuel float” test pipelines in the left and right inner wings due to fatigue. Leakage from these pipes allows fuel vapors to collect within the dry bay of the wing torsion box, which contains electrical equipment. This condition, if not corrected, could result in ignition of fuel vapors within the dry bay of the wing torsion box and consequent risk of an explosion.
BAE Systems (Operations) Limited has issued Service Bulletin ATP-28-019, dated March 16, 2001, which describes procedures for inspection of the fuel pipes within the fuel “float switch” test pipelines in the left and right inner wings for evidence of damage, cracks, misalignment, or fuel leakage; and replacement of any discrepant fuel pipe with a new or serviceable pipe.
BAE Systems (Operations) Limited has also issued Service Bulletin ATP-28-020, dated January 25, 2002, which describes procedures for a records check to determine the accumulation of time on the fuel pipes within the fuel “float switch” test pipelines, and replacement of those pipes upon reaching their maximum safe-life limit. This service bulletin also recommends that operators
Accomplishment of the actions specified in these service bulletins is intended to adequately address the identified unsafe condition.
The CAA classified these service bulletins as mandatory and issued British airworthiness directives 003-03-2001 and 008-01-2002 in order to assure the continued airworthiness of these airplanes in the United Kingdom.
This airplane model is manufactured in the United Kingdom and is 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 CAA has kept the FAA informed of the situation described above. The FAA has examined the findings of the CAA, 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.
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 bulletins described previously, except as discussed below.
Operators should note that, although this proposed AD would require that the actions be accomplished within 90 days after the effective date of this AD, the British AD and BAE Systems (Operations) Limited Service Bulletin ATP-28-020 do not recommend a compliance time for the proposed records check. In developing an appropriate compliance time for this proposed action, we considered the degree of urgency associated with addressing the subject unsafe condition, the average utilization of the affected fleet, and the time necessary to perform the check (less than one hour). In light of all of these factors, we find a 90-day compliance time for completing the proposed records check to be warranted, in that it represents an appropriate interval of time allowable for affected airplanes to continue to operate without compromising safety.
Although BAE Systems (Operations) Limited Service Bulletin ATP-28-020 recommends operators report findings to the manufacturer after replacement of damaged pipes, this AD does not include such a reporting requirement.
The FAA estimates that 3 Model ATP airplanes of U.S. registry would be affected by this proposed AD.
It would take approximately 6 work hours per airplane to accomplish the proposed inspection, at an average labor rate of $60 per work hour. Based on these figures, the cost impact of the proposed inspection on U.S. operators is estimated to be $1,080, or $360 per airplane.
It would take approximately 1 work hour per airplane to accomplish the proposed records check, at an average labor rate of $60 per work hour. Based on these figures, the cost impact of the proposed records check on U.S. operators is estimated to be $180, or $60 per airplane.
It would take approximately 5 work hours per airplane to accomplish the proposed replacement, at an average labor rate of $60 per work hour. Required parts would be provided by the manufacturer at no cost to the operators. Based on these figures, the cost impact of the proposed replacement on U.S. operators is estimated to be $900, or $300 per airplane, per replacement cycle.
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.
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.
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
Air transportation, Aircraft, Aviation safety, Safety.
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:
1. The authority citation for part 39 continues to read as follows:
49 U.S.C. 106(g), 40113, 44701.
2. Section 39.13 is amended by adding the following new airworthiness directive:
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.
To prevent fuel vapors from collecting in the dry bay of the wing torsion box and consequent risk of an explosion due to fuel leakage, accomplish the following:
(a) Within 90 days after the effective date of this AD, do the actions specified in paragraphs (a)(1) and (a)(2) of this AD.
(1) Do a general visual inspection of the fuel pipes within the fuel “float switch” test pipelines in the left and right inner wings for evidence of damage, cracks, misalignment, or fuel leakage; per BAE Systems (Operations) Limited Service Bulletin ATP-28-019, dated March 16, 2001.
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 from within touching distance unless otherwise specified. A mirror may be necessary to enhance visual access to all exposed surfaces in the inspection area. This level of inspection is made under normally available lighting conditions such as daylight, hangar lighting, flashlight, or droplight 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.”
(2) Perform a check of the airplane records to determine the actual time on the fuel pipes within the “float switch” test pipelines, per BAE Systems (Operations) Limited Service Bulletin ATP-28-020, dated January 25, 2002. This records check may be performed either by the cockpit flight crew or by certificated maintenance personnel.
(b) If no damage, crack, misalignment, or fuel leakage is found during the inspection required by paragraph (a)(1) of this AD, prior to further flight, reinstall the fuel pipes within the “float switch” test pipelines per BAE Systems (Operations) Limited Service Bulletin ATP-28-020, dated January 25, 2002. Thereafter, replace those pipes with new pipes at the applicable times specified in paragraph (b)(1) or (b)(2) of this AD per the service bulletin.
(1) For fuel pipes that, as of the effective date of this AD, have accumulated less than 10,000 total flight hours or 12,000 total landings since the date of installation on the airplane: Do the replacement prior to the accumulation of 10,000 total flight hours or 12,000 total landings on the pipes since the date of installation, or within 10 months after the effective date of this AD, whichever occurs latest. Thereafter, replace the fuel pipes with new pipes at intervals not to exceed 10,000 total flight hours or 12,000 total landings on the pipes, whichever occurs first. Replacement of the fuel pipes with serviceable pipes instead of new pipes is acceptable for compliance with the requirements of this paragraph, provided that: The total number of flight hours or total number of landings on those pipes can be verified, they have not accumulated 10,000 or more total flight hours or 12,000 or more total landings at the time of installation, and they are replaced prior to the accumulation of 10,000 total flight hours or 12,000 total landings (on the pipes).
(2) For fuel pipes that, as of the effective date of this AD, have accumulated 10,000 or more total flight hours or 12,000 or more total landings since the date of installation on the airplane: Do the replacement within 10 months after the effective date of this AD. Thereafter, replace the fuel pipes at intervals not to exceed 10,000 total flight hours or 12,000 total landings on the pipes, whichever occurs first. Replacement of the fuel pipes with serviceable pipes instead of new pipes is acceptable for compliance with the requirements of this paragraph, provided that: The total number of flight hours or total number of landings on those pipes can be verified, they have not accumulated 10,000 or more total flight hours or 12,000 or more total landings at the time of installation, and they are replaced prior to the accumulation of 10,000 total flight hours or 12,000 total landings (on the pipes).
(c) If any damage, crack, misalignment, or fuel leakage is found during the inspection required by paragraph (a)(1) of this AD, prior to further flight, replace the fuel pipes with new pipes, per BAE Systems (Operations) Limited Service Bulletin ATP-28-020, dated January 25, 2002. Before or upon the accumulation of 10,000 total flight hours or 12,000 total landings on the pipes, whichever occurs first, after the replacement required by this paragraph, replace the fuel pipes with new pipes. Thereafter, replace the fuel pipes at intervals not to exceed the accumulation of 10,000 total flight hours or 12,000 total landings on the pipes, whichever occurs first. Replacement of the fuel pipes with serviceable pipes instead of new pipes is acceptable for compliance with the requirements of this paragraph, provided that: The total number of flight hours or total number of landings on those pipes can be verified, they have not accumulated 10,000 or more total flight hours or 12,000 or more total landings at the time of installation, and they are replaced prior to the accumulation of 10,000 total flight hours or 12,000 total landings (on the pipes).
(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, 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.
Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the International Branch, ANM-116.
(e) 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.
The subject of this AD is addressed in British airworthiness directives 003-03-2001 and 008-01-2002.
Federal Aviation Administration, DOT.
Notice of proposed rulemaking (NPRM).
This document proposes the adoption of a new airworthiness directive (AD) that is applicable to all McDonnell Douglas Model MD-90-30 airplanes. This proposal would require replacing the lanyards on the pressure relief door for the thrust reverser with new, improved lanyards, and doing associated modifications. This action is necessary to ensure that the lanyards on the pressure relief door have adequate strength. Lanyards of inadequate strength could allow the pressure relief door to detach from the thrust reverser in the event that an engine bleed air duct bursts, which could result in the detached door striking and damaging the horizontal stabilizer, and consequent reduced controllability of the airplane. This action is intended to address the identified unsafe condition.
Comments must be received by April 14, 2003.
Submit comments in triplicate to the Federal Aviation Administration (FAA), Transport Airplane Directorate, ANM-114, Attention: Rules Docket No. 2001-NM-125-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:
The service information referenced in the proposed rule may be obtained from Boeing Commercial Aircraft Group, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1-L5A (D800-0024); and BF Goodrich, 850 Lagoon Drive, Chula Vista, California 91910-2098. This information may be examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California.
William S. Bond, Aerospace Engineer, Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; telephone (562) 627-5253; fax (562) 627-5210.
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.
Submit comments using the following format:
• 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.
• For each issue, state what specific change to the proposed AD is being requested.
• Include justification (
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.
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-125-AD.” The postcard will be date stamped and returned to the commenter.
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-125-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056.
The FAA has received a report indicating that, on all McDonnell Douglas Model MD-90-30 airplanes, the lanyards on the pressure relief door for the thrust reversers do not meet the certification requirements for strength. Lanyards of inadequate strength could allow the pressure relief door to detach from the thrust reverser in the event that an engine bleed air duct bursts, which could result in the detached door striking and damaging the horizontal stabilizer.
The FAA has reviewed and approved Boeing Service Bulletin MD90-78-048, including Evaluation Form, dated February 15, 2001, which describes procedures for replacing the lanyards on the pressure relief door for the thrust reverser with new, improved lanyards, and doing associated modifications.
Boeing Service Bulletin MD90-78-048 refers to International Aero Engines Service Bulletin V2500-NAC-78-0184, dated February 16, 2001, as the appropriate source of service information for replacing the door lanyards and doing the associated modifications. The procedures in that service bulletin include removing the pressure relief door, replacing the door lanyard assemblies with new, improved assemblies, modifying the pressure relief door (including replacing existing brackets with new brackets and reidentifying the door with a new part number), modifying the lower track beam (including removing terminals, replacing the aft quick-release pin with a new pin, and reidentifying the beam with a new part number), modifying the heat shield on the lanyard assembly attach lugs, and re-installing the pressure relief door.
Accomplishment of the actions specified in the service bulletins is intended to adequately address the identified unsafe condition.
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 specified in the service bulletins described previously, except as discussed below.
Boeing Service Bulletin MD90-78-048 specifies an effectivity of Model MD-90-30 airplanes “equipped with V2500-D5 thrust reversers prior to serial number 0701001.” All Model MD-90-30 airplanes are equipped with the subject thrust reversers; thus, all Model MD-90-30 airplanes are subject to this proposed AD.
The service bulletins recommend replacing the door lanyards and doing associated modifications at the next scheduled maintenance visit when manpower, materials, and facilities are available. The FAA has determined that such a non-specific compliance time would not ensure that the identified unsafe condition is addressed in a timely manner. In developing an appropriate compliance time for this AD, the FAA considered not only the manufacturer's recommendation, but also the degree of urgency associated with addressing the subject unsafe condition, and the time necessary to perform the proposed actions. In light of all of these factors, the FAA finds that a compliance time of 18 months after the effective date of the AD for completing the proposed actions is warranted, in that it represents an appropriate interval of time allowable for affected airplanes to continue to operate without compromising safety.
There are approximately 110 airplanes of the affected design in the worldwide fleet. The FAA estimates that 21 airplanes of U.S. registry would be affected by this proposed AD, that it would take approximately 8 work hours per airplane to accomplish the proposed actions, and that the average labor rate is $60 per work hour. Required parts would be provided at no cost to the operator. Based on these figures, the cost impact of the proposed AD on U.S. operators is estimated to be $10,080, or $480 per airplane.
The cost impact figure discussed above is based on assumptions that no operator has yet accomplished any of the proposed requirements of this AD
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.
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
Air transportation, Aircraft, Aviation safety, Safety.
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:
1. The authority citation for part 39 continues to read as follows:
49 U.S.C. 106(g), 40113, 44701.
2. Section 39.13 is amended by adding the following new airworthiness directive:
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 (c) 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.
To ensure that the lanyards on the pressure relief door for the thrust reverser have adequate strength so that the door will not detach from the thrust reverser in the event that an engine bleed air duct bursts, which could result in the door striking and damaging the horizontal stabilizer, accomplish the following:
(a) Within 18 months after the effective date of the AD, replace the lanyards on the pressure relief door for the thrust reverser with new, improved lanyards, and accomplish associated modifications, per the Accomplishment Instructions of Boeing Service Bulletin MD90-78-048, excluding Evaluation Form, dated February 15, 2001. The associated modifications include removing the pressure relief door, modifying the pressure relief door (including replacing existing brackets with new brackets and reidentifying the door with a new part number), modifying the lower track beam (including removing terminals, replacing the aft quick-release pin with a new pin, and reidentifying the beam with a new part number), modifying the heat shield on the lanyard assembly attach lugs, and re-installing the pressure relief door.
Boeing Service Bulletin MD90-78-048, excluding Evaluation Form, dated February 15, 2001, refers to International Aero Engines Service Bulletin V2500-NAC-78-0184, dated February 16, 2001, for instructions on replacing the lanyards on the pressure relief door for the thrust reverser.
(b) After the effective date of this AD, no person may install a lanyard having part number (01-250) or (01-255) on the pressure relief door for the thrust reverser on any airplane.
(c) 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, Los Angeles 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, Los Angeles ACO.
Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Los Angeles ACO.
(d) 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.
Occupational Safety and Health Administration (OSHA), Department of Labor.
Notice of proposed Negotiated Rulemaking Committee membership; request for comments.
The Occupational Safety and Health Administration is planning to establish a Crane and Derrick Negotiated Rulemaking Advisory Committee (C-DAC) under the Negotiated Rulemaking Act (NRA) and the Federal Advisory Committee Act (FACA). The Committee will negotiate issues associated with the development of a proposed revision of the existing construction safety standards for the cranes and derricks portion. The Committee will include representatives of parties who would be significantly affected by the final rule. The public may submit comments on the proposed list of members.
Comments submitted by mail must be postmarked not later than March 31, 2003. Emailed or faxed comments must be received by March 31, 2003.
Written comments may be submitted in any of three ways: by mail, by fax, or by email. Please include “Docket No. S-030” on all submissions.
By mail, the address is: OSHA Docket Office, Docket No. S-030, U.S.
By fax, written comments that are 10 pages or fewer, may be transmitted to the OSHA Docket Office at telephone number (202) 693-1648.
By email, comments may be submitted through OSHA's Homepage at
Mark Hagemann, Office of Construction Standards and Compliance Assistance, Occupational Safety and Health Administration, U.S. Department of Labor, Room N-3468, 200 Constitution Avenue, NW., Washington, DC 20210; Telephone: (202) 693-2345.
On July 16, 2002, OSHA published a
Fifty-five nominations for membership on the Committee and several comments were received during the comment period. There was broad support for using negotiated rulemaking to update the standard. OSHA has decided to go forward with the negotiated rulemaking process. The Agency has developed the following proposed list of Committee members:
San Antonio, TX 78224.
After evaluating the comments on the proposed list of Committee members, OSHA will publish a notice of establishment of the Cranes and Derricks Negotiated Rulemaking Advisory Committee followed by a notice of the first Committee meeting and appointment of members.
This document was prepared under the direction of John L. Henshaw, Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210, pursuant to section 3 of the Negotiated Rulemaking Act of 1990, (5 U.S.C. 561
Coast Guard, DOT.
Notice of proposed rulemaking.
The Coast Guard proposes to establish permanent special local regulations for marine events held on the waters of the Delaware River between Pea Patch Island and Delaware City, Delaware. These special local regulations are necessary to provide for the safety of life on navigable waters during the events. This action is intended to restrict vessel traffic in a portion of the Delaware River between Pea Patch Island and Delaware City during the events.
Comments and related material must reach the Coast Guard on or before April 28, 2003.
You may mail comments and related material to Commander (oax), Fifth Coast Guard District, 431 Crawford Street, Portsmouth, Virginia 23704-5004, hand-deliver them to Room 119 at the same address between 9 a.m. and 2 p.m., Monday through Friday, except Federal holidays, or fax them to (757) 398-6203. The Auxiliary and Recreational Boating Safety Section,
S.L. Phillips, Project Manager, Auxiliary and Recreational Boating Safety Section, at (757) 398-6204.
We encourage you to participate in this rulemaking by submitting comments and related material. If you do so, please include your name and address, identify the docket number for this rulemaking (CGD05-03-013), indicate the specific section of this document to which each comment applies, and give the reason for each comment. Please submit all comments and related material in an unbound format, no larger than 8
We do not now plan to hold a public meeting. But you may submit a request for a meeting by writing to the address listed under
Each year during the months of June and September, marine events are conducted on a portion of the Delaware River between Pea Patch Island and Delaware City, Delaware. The events consist of 175 to 800 athletes swimming from Fort Delaware on Pea Patch Island to Battery Park in Delaware City. A fleet of spectator vessels gathers nearby to view the swimming events. To provide for the safety of participants, spectators and other transiting vessels, the Coast Guard will temporarily restrict vessel traffic in the event area during the events.
The Coast Guard proposes to establish permanent special local regulations on specified waters of the Delaware River between Pea Patch Island and Delaware City, Delaware. The special local regulations will be enforced only during the swimming events; a 2-hour period in June and a 2-hour period in September. The effect will be to restrict general navigation in the regulated area during the events. Except for event participants and persons or vessels authorized by the Coast Guard Patrol Commander, no person or vessel may enter or remain in the regulated area. These regulations are needed to control vessel traffic during the event to enhance the safety of participants, spectators and transiting vessels.
This proposed 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, 1979).
We expect the economic impact of this proposed rule to be so minimal that a full Regulatory Evaluation under paragraph 10e of the regulatory policies and procedures of DOT is unnecessary.
Although this proposed regulation will prevent traffic from transiting a portion of the Delaware River during the event, the effect of this proposed regulation will not be significant due to the limited duration that the regulated area will be in effect and the extensive advance notifications that will be made to the maritime community via the Local Notice to Mariners, marine information broadcasts, and area newspapers, so mariners can adjust their plans accordingly. Additionally, the proposed regulated area has been narrowly tailored to impose the least impact on general navigation yet provide the level of safety deemed necessary.
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this proposed 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.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. This proposed rule would affect the following entities, some of which might be small entities: The owners or operators of vessels intending to transit or anchor in a portion of the Delaware River on the third Saturday of June or September.
This proposed rule would not have a significant economic impact on a substantial number of small entities for the following reasons. This proposed rule would be in effect for only 2 hours on 2 days each year. Vessel traffic could pass safely around the regulated area. Before the enforcement period, we would issue maritime advisories so mariners can adjust their plans accordingly.
If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this proposed rule would have a significant economic impact on it, please submit a comment (
Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule so that they can better evaluate its effects on them and participate in the rulemaking. 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 the address listed under
This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this proposed rule under that Order and have determined that it does not have implications for federalism.
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires
This proposed rule would 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.
This proposed 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.
We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children.
This proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would 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.
To help the Coast Guard establish regular and meaningful consultation and collaboration with Indian and Alaskan Native tribes, we published a notice in the
We have analyzed this proposed 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.
We considered the environmental impact of this proposed rule and concluded that, under figure 2-1, paragraphs (34)(h) and (35)(a) of Commandant Instruction M16475.1D, this rule is categorically excluded from further environmental documentation. Special local regulations issued in conjunction with a regatta or marine parade permit for an event not located in, proximate to, or above an area designated as environmentally sensitive by an environmental agency of the Federal, state, or local government, are specifically excluded from further analysis and documentation under those sections. A “Categorical Exclusion Determination” is available in the docket where indicated under
Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR Part 100 as follows:
1. The authority citation for part 100 continues to read as follows:
33 U.S.C. 1233; 49 CFR 1.46.
2. A new § 100.529 is added to read as follows:
(a)
(2)
(3)
All coordinates reference Datum NAD 1983.
(b)
(2) The operator of any vessel in the regulated area shall:
(i) Stop the vessel immediately when directed to do so by any official patrol, including any commissioned, warrant, or petty officer on board a vessel displaying a Coast Guard ensign.
(ii) Proceed as directed by any official patrol, including any commissioned, warrant, or petty officer on board a vessel displaying a Coast Guard ensign.
(c)
Coast Guard, DOT.
Notice of proposed rulemaking.
The Coast Guard proposes to establish moving and fixed security zones around high capacity passenger vessels, including international ferries, located in the Portland, Maine, Captain of the Port zone. These proposed security zones are necessary to ensure public safety and prevent sabotage or terrorist acts against these vessels. When
Comments and related materials much reach the U.S. Coast Guard on or before March 31, 2003.
You may mail comments and related material to Marine Safety Office Portland, 103 Commercial Street, Portland, ME 04101. Marine Safety Office Portland maintains the public docket for this rulemaking. Comments and materials received from the public, as well as documents indicated in this preamble as being available in the docket, will become part of this docket and will be available for inspection or copying at Marine Safety Office Portland between the hours of 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays.
Lieutenant R. F. Pigeon, Port Operations Department, Marine Safety Office Portland at (207) 780-3092.
We encourage you to participate in this rulemaking by submitting comments and related material. If you do so, please include your name and address, identify the docket number for this rulemaking (CGD01-03-001), indicate the specific section of this document to which each comment applies, and give the reason for each comment. Please submit all comments and related material in an unbound format, no larger than 8
We do not now plan to hold a public meeting. But you may submit a request for a meeting by writing to Marine Safety Office Portland at the address listed under
Since the September 11, 2001, terrorist attacks on the World Trade Center in New York, the Pentagon in Arlington, Virginia and Flight 93, the Federal Bureau of Investigation (FBI) has issued several warnings concerning the potential for additional terrorist attacks within the United States. In addition, the ongoing operation in Afghanistan and growing tensions in Iraq have made it prudent for U.S. ports to be on a higher state of alert because the Al-Qaeda organization and other similar organizations have declared an ongoing intention to conduct armed attacks on U.S. interests worldwide. Due to these concerns, security zones around passenger vessels are prudent to ensure the safety and protection of the passengers aboard. As part of the Diplomatic Security and Antiterrorism Act of 1986 (Pub. L. 99-399), Congress amended section 7 of the Ports and Waterways Safety Act (PWSA), 33 U.S.C. 1226, to allow the Coast Guard to take actions, including the establishment of security zones, to prevent or respond to acts of terrorism against individuals, vessels, or public or commercial structures. Moreover, the Coast Guard has authority to establish security zones pursuant to the Act of June 15, 1917, as amended by the Magnuson Act of August 9, 1950 (50 U.S.C. 191
On October 7, 2002, a temporary final rule (TFR) entitled “Security Zones; Passenger Vessels, Portland, Maine, Captain of the Port Zone” was published in the
To address the aforementioned concerns, the Coast Guard proposes to establish permanent security zones to prevent vessels or persons from accessing the navigable waters around and under passenger vessels in the Portland, Maine, Captain of the Port zone. Due to the continued heightened security concerns, this proposed rule is necessary to provide for the safety of the port, the vessels, passengers and crew on the vessels, as well as to ensure passenger vessels are not used as possible platforms for terrorist attacks.
This proposed rule would establish security zones that will be in effect in the navigable waters within a 100-yard radius around any passenger vessel that is moored, or in the process of mooring, at any berth or anchored within the Portland, Maine, Captain of the Port zone. While underway, the security zones will be 100 yards aside and astern of the passenger vessel and 200 yards ahead which is needed due to the passenger vessel's speed of advance through the water. To clarify the types of passenger vessels this rule applies to, we have adopted a modified version of the definition in 33 CFR 120.100 for this rule by removing the requirement “lasting more than 24 hours” from the phrase “making voyages lasting more than 24 hours, any part of which is on the high seas; and by increasing the requirement for number of passengers from “authorized to carry more than 12 passengers for hire” to “authorized to carry more than 500 passengers for hire”. This definition will include high capacity cruise ships and international ferries while excluding smaller vessels.
This proposed rule is needed to protect passenger vessels, persons aboard passenger vessels, the public, waterways, ports and adjacent facilities from sabotage or other subversive acts, accidents, or other events of a similar nature taken upon passenger vessels in the Portland, Maine, Captain of the Port zone. Entry into these zones will be prohibited unless specifically authorized by the Captain of the Port or his designated representative. Vessels already moored or anchored when these security zones take effect are not required to get underway to avoid either the moving or fixed zones unless specifically ordered to do so by the Captain of the Port or his designated representative.
These security zones will not preclude the routine loading and unloading of passengers, vehicles or cargo; or movement of authorized employees and support personnel at any facility or aboard any passenger vessel.
The Captain of the Port will enforce these zones and may enlist the aid and cooperation of any Federal, state, county, municipal, or private agency to assist in the enforcement of the regulation. To the extent that each is applicable, this regulation is issued under the authority contained in 33 U.S.C. 1226 and 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 6.04-1, 6.04-6 and 160.5; and 49 CFR 1.46.
Any violation of the security zones described herein is punishable by, among others, civil penalties (not to exceed $25,000 per violation, where each day of a continuing violation is a separate violation), criminal penalties (imprisonment for not more than 10 years and a fine of not more than
This proposed 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).
The Coast Guard expects the economic impact of this proposal to be so minimal that a full Regulatory Evaluation under paragraph 10e of the regulatory policies and procedures of DOT is unnecessary for the following reasons: (a) The proposed security zones will encompass only relatively small portions of the Captain of the Port, Portland, Maine zone around the transiting passenger vessels, allowing vessels to safely navigate around the zones without delay; (b) Vessels and persons may be allowed to enter these zones on a case-by-case basis with permission of the Captain of the Port.
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this proposed 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.
For reasons enumerated in the Regulatory Evaluation section above, the Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. There is no indication the previous rule was burdensome on the maritime public. No letters commenting on the previous rule were received from the public.
If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (
Under subsection 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule so that they can better evaluate its effects on them and participate in the rulemaking. If the proposed rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact Lieutenant R. F. Pigeon, Port Operations Department, Marine Safety Office Portland at (207) 780-3092.
This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
A proposed rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this proposed rule under that Order and have determined that it does not have implications for federalism.
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 proposed rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.
This proposed rule would 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.
This proposed 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.
We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This proposed rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children.
This proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments because it would 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.
To help the Coast Guard establish regular and meaningful consultation and collaboration with Indian and Alaskan Native tribes, we published a notice in the
We have analyzed this proposed 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.
We have considered the environmental impact of this proposed rule and concluded that, under figure 2-1, paragraph (34)(g), of Commandant Instruction M16475.lD, this rule is categorically excluded from further environmental documentation. A “Categorical Exclusion Determination” is available in the docket where indicated under
Harbors, Marine safety, Navigation (water), Reporting and record keeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 165 as follows:
1. The authority citation for part 165 continues to read as follows:
33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 6.04-1, 6.04-6 and 160.5; 49 CFR 1.46.
2. Add § 165.105 to read as follows:
(a)
(b)
(1) All navigable waters within the Portland, Maine, Captain of the Port Zone, extending from the surface to the sea floor, within a 100-yard radius of any passenger vessel that is anchored, moored, or in the process of mooring.
(2) All navigable waters, within the Portland, Maine, Captain of the Port Zone, extending from the surface to the sea floor, extending 200 yards ahead, and 100 yards aside and astern of any passenger vessel that is underway.
(c)
(2) All persons and vessels must comply with the instructions of the COTP or the designated on-scene Coast Guard patrol personnel. On-scene Coast Guard patrol personnel include commissioned, warrant and petty officers of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, and local, State and Federal law enforcement vessels. Emergency response vessels are authorized to move within the zone, but must abide by restrictions imposed by the COTP or his designated representative.
(3) No person may swim upon or below the surface of the water within the boundaries of these security zones unless previously authorized by the COTP or his designated representative.
(d)
Environmental Protection Agency (EPA).
Proposed rule.
EPA proposes to approve State Implementation Plan (SIP) revisions submitted by the State of Maryland. The revisions amend provisions to Maryland's regulations for Permits, Approvals, and Registration and related changes to its regulations for General Emission Standards, Prohibitions, and Restrictions, and Volatile Organic Compounds from Specific Processes. In the Final Rules section of this
Comments must be received in writing by March 31, 2003.
Comments should be addressed to Harold A. Frankford, Mailcode 3AP20, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the documents relevant to this action are available for public inspection during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; and the Maryland Department of the Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230.
Harold A. Frankford, (215) 814-2108 or by e-mail at
For further information, please see the information provided in the direct final action, with the same title, that is located in the “Rules and Regulations” section of this
Environmental Protection Agency (EPA).
Proposed rule.
EPA is proposing to approve revisions to the Mojave Desert Air Quality Management District (MDAQMD) portion of the California State Implementation Plan (SIP). These revisions concern Oxides of Nitrogen (NO
Any comments on this proposal must arrive by March 31, 2003.
Mail comments to Andy Steckel, Rulemaking Office Chief (AIR-4), U.S. Environmental Protection
You can inspect copies of the submitted SIP revisions and EPA's technical support document (TSD) at our Region IX office during normal business hours. You may also see copies of the submitted SIP revisions at the following locations:
California Air Resources Board, Stationary Source Division, Rule Evaluation Section, 1001 “I” Street, Sacramento, CA 95814.
Mojave Desert Air Quality Management District, 14306 Park Avenue, Victorville, California 92392.
A copy of the rule may also be available via the Internet at http://www.arb.ca.gov/drdb/drdbltxt.htm. Please be advised that this is not an EPA website and may not contain the same version of the rule that was submitted to EPA.
Charnjit Bhullar, EPA Region IX, (415) 972-3960.
This proposal addresses the MDAQMD rule 1161. In the Rules and Regulations section of this
We do not plan to open a second comment period, so anyone interested in commenting should do so at this time. If we do not receive adverse comments, no further activity is planned. For further information, please see the direct final action.
Environmental Protection Agency (EPA).
Proposed rule.
EPA proposes to approve two State Implementation Plan (SIP) revisions submitted by the State of Maryland. One revision removes from the SIP the state ambient air quality standard for hydrocarbons. The other revision removes an outdated citation of a current SIP provision regarding the granting of visible emissions exceptions by control officers. In the Final Rules section of this
Comments must be received in writing by March 31, 2003.
Written comments should be addressed to Harold A. Frankford, Mailcode 3AP20, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the documents relevant to this action are available for public inspection during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; and the Maryland Department of the Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230.
Harold A. Frankford, (215) 814-2108, or by e-mail at
For further information, please see the information provided in the direct final action, with the same title, that is located in the “Rules and Regulations” section of this
Environmental Protection Agency.
Proposed rule.
The Environmental Protection Agency (EPA) is proposing to approve a negative declaration submitted by the Government of the United States Virgin Islands. The negative declaration satisfies EPA's promulgated Emission Guidelines (EG) for existing commercial and industrial solid waste incineration (CISWI) units. In accordance with the EG, states are not required to submit a plan to implement and enforce the EG if there are no existing CISWI units in the state and it submits a negative declaration letter in place of the State Plan. In the “Rules and Regulations” section of this
If EPA receives no adverse comments, EPA will not take further action on this proposed rule. If EPA receives adverse comments, EPA will withdraw the direct final rule and it will not take effect. EPA will address all public comments in a subsequent final rule based on this proposed rule. The EPA will not institute a second comment period on this action. Any parties
Written comments must be received on or before March 31, 2003.
All comments should be addressed to: Raymond Werner, Chief, Air Programs Branch, Environmental Protection Agency, Region II Office, 290 Broadway, New York, New York 10007-1866.
A copy of the Virgin Islands submittal is available for inspection at the Region 2 Office in New York City. Those interested in inspecting the submittal must arrange an appointment in advance by calling (212) 637-4249. Alternatively, appointments may be arranged via e-mail by sending a message to Demian P. Ellis at
A copy of the Virgin Islands submittal is also available for inspection at the following location:Virgin Islands Department of Planning and Natural Resources, Division of Environmental Protection, Cyril E. King Airport, Terminal Building, 2nd Floor, St. Thomas, USVI, 00802.
Demian P. Ellis, Air Programs Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New York, New York 10007-1866, Telephone, (212) 637-4249.
For additional information see the direct final rule which is located in the Rules Section of this
The Environmental Protection Agency (EPA) is proposing to approve a negative declaration submitted by the Government of the United States Virgin Islands (Virgin Islands) on October 25, 2002. The negative declaration officially certifies to EPA that, to the best of the Virgin Islands' knowledge, there are no commercial and industrial solid waste incineration (CISWI) units in operation within the Territory. This negative declaration concerns existing CISWI units throughout the Territory of the U.S. Virgin Islands. The negative declaration satisfies the Federal Emission Guidelines (EG) requirements of EPA's promulgated regulation entitled “Emission Guidelines for Existing Commercial and Industrial Solid Waste Incineration Units' (65 FR 75338, December 1, 2000).
National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
Notification of a proposal for EFPs to conduct experimental fishing; request for comments.
The Administrator, Northeast Region, NMFS (Regional Administrator) has made a preliminary determination that the subject EFP application contains all of the required information and warrants further consideration. The Regional Administrator has also made a preliminary determination that the activities authorized under the EFP are consistent with the goals and objectives of the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP); the Atlantic Mackerel, Squid, and Butterfish FMP; and the Bluefish FMP. However, further review and consultation may be necessary before a final determination is made to issue an EFP. Therefore, NMFS announces that the Regional Administrator proposes to issue EFPs that would allow up to two vessels to conduct a supplemental finfish survey, and up to 15 additional vessels to conduct fishing operations otherwise restricted by the regulations governing the fisheries of the Northeastern United States. In order to fund the survey, the 15 additional vessels would be fishing for specific amounts of named species under the Research Set-Aside (RSA) Program. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed EFPs.
Comments on this document must be received on or before 5 p.m. EST March 14, 2003.
Written comments should be sent to Patricia A. Kurkul, Regional Administrator, NMFS, Northeast Regional Office, 1 Blackburn Drive, Gloucester, MA 01930. Mark the outside of the envelope “Comments on NFI Supplemental Survey EFP Proposal.” Comments may also be sent via facsimile (fax) to (978) 281-9135.
Paul Perra, Fishery Policy Analyst, 978-281-9153.
The application process for an EFP was completed by the National Fisheries Institute (NFI) on January 30, 2003. The experiment, coordinated by NFI in cooperation with Rutgers University and NMFS' Northeast Fisheries Science Center, requested EFPs for up to two vessels to conduct a supplemental finfish survey targeting Mid-Atlantic migratory species, and for up to 15 additional vessels to harvest RSA allocations. The two vessels participating in the research project, and up to 15 additional vessels, would make additional compensation fishing trips, during closed seasons, to land up to the total RSA quota allocation of 67,163 lb (30,465 kg) of summer flounder, 21,325 lb (9,673 kg) of scup, 21,338 lb (9,679 kg) of black sea bass, 140,543 lb (63,749 kg) of
Under the research project, the research vessels would make two trips of several days each, along two transects, and conduct 10 research tows during each trip. One transect would be east of Hudson Canyon and one south of Baltimore Canyon. Sampling would be conducted in March and May of 2003 along each transect at 50 fm (91 m), 60 fm (110 m), 80 fm (146 m), 125 fm (229 m), 150 fm (247 m), 200 fm (366 m), and 225 fm (411 m), with two additional trawl sites added along each of the transects based on the catches of the target species. Primary target species would be summer flounder, scup, black sea bass, monkfish, and spiny dogfish; secondary target species would be skates, yellowtail flounder, winter flounder, lobster, and
To facilitate the collection of data during periods with the greatest potential for fishing success, the research vessels would be exempt from the summer flounder closures at 50 CFR 648.101(a) and (b); summer flounder gear restrictions at § 648.104; scup trimester quota closures at § 648.121(a); scup gear restricted area provisions at § 648.122(a) and (b); scup trawl gear restrictions at § 648.123; black sea bass trip limits at § 648.140(b)(2); black sea bass quarterly quota closures at § 648.141; black sea bass gear restrictions at § 648.144(1),(2),(3), and (4); Loligo squid, Illex squid, and mackerel closures at § 648.22(a) and (c); and bluefish closures at § 648.161(a) and (b). In order to collect individual fish sizes and other data, the research vessels would also be exempt from: Minimum size requirements for summer flounder at § 648.103(a),(b), and (c); for scup at § 648.124(a); for black sea bass at § 648.143; for monkfish at § 648.93; for spiny dogfish at § 648.233; for yellowtail flounder and winter flounder at § 648.83; and for lobster at § 697.20(b); from spiny dogfish closures at § 648.231; and from Northeast multispecies regulated mesh requirements, and restrictions on gear and methods of fishing at § 648.80.
The 1 to 15 vessels that would be used to harvest the RSA allocations would be exempt only from the summer flounder closures at § 648.101(a) and (b); summer flounder gear restrictions at § 648.104; scup trimester quota closures at § 648.121(a); black sea bass trip limits at § 648.140(b)(2); black sea bass closures at § 648.140 and § 648.141;
Any landings that would occur from research or compensation fishing would be reported in the Vessel Trip Reports, as required. All landings would be landed in compliance with applicable state landing laws.
16 U.S.C. 1801
Southwest Idaho Resource Advisory Committee, Boise, ID, USDA, Forest Service.
Notice of meeting.
Pursuant to the authorities in the Federal Advisory Committee Act (Pub. L. 92-463) and under the Secure Rural Schools and Community Self-Determination Act of 2000 (Pub. L. 106-393), the Boise and Payette National Forests' Southwest Idaho Resource Advisory Committee will meet Wednesday, Marcy 19, 2003 in Boise, Idaho for a business meeting. The meeting is open to the public.
The business meeting on March 19, begins at 10:30 a.m. at the Idaho Counties Risk Management Program Building (ICRMP), 3100 Vista Avenue, Boise, Idaho. Agenda topics will include review and approval of project proposals, and an open public forum.
Randy Swick, Designated Federal Officer, at (208) 634-0401.
Natural Resources Conservation Service (NRCS), U.S. Department of Agriculture.
Notice of availability of proposed changes in the Iowa NRCS State Technical Guide for review and comment.
It has been determined by the NRCS State Conservationist for Iowa that changes must be made in the NRCS State Technical Guide specifically in Section 4 Practice Standards and Specifications, Conservation Cover (327) and Critical Area Planting (342) to account for improved technology. These practice standards can be used in systems that treat highly erodible land.
Comments will be received on or before March 31, 2003.
Leroy Brown, State Conservationist, Natural Resources Conservation Service, 210 Walnut Street, 693 Federal Building, Des Moines, Iowa 50309; at 515/284-4260; fax 515/284-4394.
Section 343 of the Federal Agriculture Improvement and Reform Act of 1996 states that revisions made after enactment of the law to NRCS State technical guides used to carry out highly erodible land and wetland provisions of the law shall be made available for public review and comment. For the next 30 days the NRCS will receive comments relative to the proposed changes. Following that period a determination will be made by the NRCS regarding disposition of those comments and a final determination of change will be made.
Rural Housing Service, USDA.
Proposed collection; comments requested.
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Rural Housing Service's intention to request an extension for a currently approved information collection in support of the program for Rural Rental and Cooperative Housing Loan Policies, Procedures, and Authorizations.
Comments on this notice must be received by April 28, 2003 to be assured of consideration.
Douglas H. MacDowell, Senior Loan Specialist, Rural Housing Service, U.S. Department of Agriculture, Stop 0781, Washington, DC 20250-0781, Telephone (202) 720-1604.
RHS is responsible for ensuring that these Federally funded loans are made to eligible applicants for authorized purposes. The information collected is necessary to determine the eligibility of the applicant and the feasibility of the proposed housing. If not collected, the Agency would be providing unauthorized Federal assistance.
Copies of this information collection can be obtained from Tracy Givelekian, Regulations and Paperwork Management Branch, at (202) 692-0039.
Pursuant to its authority under the Foreign-Trade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade Zones Board (the Board) adopts the following Order:
The application to expand FTZ 219 is approved, subject to the Act and the Board's regulations, including Section 400.28.
An application has been submitted to the Foreign-Trade Zones (FTZ) Board (the Board) by the Industrial Development Board of Blount County, grantee of Foreign-Trade Zone 148, requesting authority to expand FTZ 148, in the Knoxville, Tennessee, area, adjacent to the Knoxville Customs port of entry. The application was submitted pursuant to the provisions of the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a-81u), and the regulations of the Board (15 CFR part 400). It was formally filed on February 6, 2003.
FTZ 148 was approved on June 28, 1988 (Board Order 384, 53 FR 26095, 7/11/88). The zone project currently consists of the following sites:
The applicant is now requesting authority to expand the general-purpose zone to include an additional site (54 acres) in Crossville:
In accordance with the Board's regulations, a member of the FTZ Staff has been designated examiner to investigate the application and report to the Board.
Public comment on the application is invited from interested parties. Submissions (original and 3 copies) shall be addressed to the Board's Executive Secretary at one of the addresses below:
1. Submissions via Express/Package Delivery Services: Foreign-Trade Zones Board, U.S. Department of Commerce, Franklin Court Building—Suite 4100W, 1099—14th Street, NW., Washington, DC 20005; or
2. Submissions via the U.S. Postal Service: Foreign-Trade Zones Board, U.S. Department of Commerce, FCB—Suite 4100W, 1401 Constitution Avenue, NW., Washington, DC 20230.
The closing period for their receipt is April 28, 2003. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period (to May 13, 2003).
A copy of the application and accompanying exhibits will be available for public inspection at the Office of the Foreign-Trade Zones Board's Executive Secretary at the first address listed above, and at the Office of the U.S. Customs Service, Duncan Federal Building, 710 Locust Street, Room 435, Knoxville, Tennessee 37902.
Pursuant to its authority under the Foreign-Trade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade Zones Board (the Board) adopts the following Order:
Import Administration, International Trade Administration, Department of Commerce.
Notice of initiation of antidumping and countervailing duty administrative reviews.
The Department of Commerce (the Department) has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with January anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews.
February 27, 2003.
Holly A. Kuga, Office of AD/CVD Enforcement, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230, telephone: (202) 482-4737.
The Department has received timely requests, in accordance with 19 CFR 351.213(b)(2002), for administrative reviews of various antidumping and countervailing duty orders and findings with January anniversary dates.
In accordance with 19 CFR 351.221(c)(1)(i), we are initiating administrative reviews of the following antidumping and countervailing duty orders and findings. We intend to issue the final results of these reviews not later than January 31, 2004.
During any administrative review covering all or part of a period falling between the first and second or third and fourth anniversary of the publication of an antidumping duty order under § 351.211 or a determination under § 351.218(f)(4) to continue an order or suspended investigation (after sunset review), the Secretary, if requested by a domestic interested party within 30 days of the date of publication of the notice of initiation of the review, will determine whether antidumping duties have been absorbed by an exporter or producer subject to the review if the subject merchandise is sold in the United States through an importer that is affiliated with such exporter or producer. The request must include the name(s) of the
Interested parties must submit applications for disclosure under administrative protective orders in accordance with 19 CFR 351.305.
These initiations and this notice are in accordance with section 751(a) of the Tariff Act of 1930, as amended (19 U.S.C. 1675(a)), and 19 CFR 351.221(c)(1)(i).
Import Administration, International Trade Administration, Department of Commerce.
Notice of rescission of antidumping duty administrative review.
February 27, 2003.
Drew Jackson of John Conniff at (202) 482-4406 or (202) 482-1009, respectively; AD/CVD Enforcement, Office 4, Group II, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230.
On October 2, 2002, the Department of Commerce (the Department) published a notice of opportunity to request an administrative review of the antidumping duty order on barium chorloride from the People's Republic of China (PRC) (67 FR 61849). Pursuant to a request made by Chemical Products Corporation (the petitioner), the Department initiated an administrative review of the antidumpimg duty order on barium chloride from the PRC for the period October 1, 2001, through September 30, 2002, on November 18, 2002 (67 FR 70402); (November 22, 2002). On January 7, 2003, the petitioner withdrew its request for the administrative review of barium chloride from the PRC.
Section 351.213(d)(1) of the Department's regulations provides that a party that requests an administrative review may withdraw the request within 90 days after the date of publication of the notice of initiation of the requested administrative review. The Department is rescinding the administrative review of the order on barium chloride from the PRC for the period October 1, 2001, through September 30, 2002, because the requesting party has withdrawn its request for this administrative review within the 90-day time limit and no other interested parties have requested a review of barium chloride from the PRC for this time period.
This notice is in accordance with section 777(i)(1) of the Act and 19 CFR 351.213(d)(4).
Import Administration, International Trade Administration, Department of Commerce.
Notice of Rescission of Antidumping Duty Administrative Review.
On August 19, 2002, the Department of Commerce (the Department) initiated an administrative review of the antidumping duty order on certain pasta (pasta) from Turkey, covering the period July 1, 2001 through June 30, 2002, and one manufacturer/exporter of the subject merchandise, Filiz Gida Sanayi ve Ticaret (Filiz).
February 27, 2003.
Lyman Armstrong or Jim Neel, AD/CVD Enforcement, Office 6, Group II, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-3601 or (202) 482-4161, respectively.
On July 31, 2002, the Department received a letter from Filiz requesting an administrative review of the antidumping order on pasta from Turkey. On August 19, 2002, the Department initiated an administrative review of the antidumping order on pasta from Turkey for the period July 1, 2001 to June 30, 2002. On August 29, 2002, Filiz submitted a letter requesting to withdraw from the above referenced administrative review.
Imports covered by this review are shipments of certain non-egg dry pasta in packages of five pounds (2.27 kilograms) or less, whether or not enriched or fortified or containing milk or other optional ingredients such as chopped vegetables, vegetable purees, milk, gluten, diastases, vitamins, coloring and flavorings, and up to two percent egg white. The pasta covered by this scope is typically sold in the retail market, in fiberboard or cardboard cartons, or polyethylene or polypropylene bags of varying dimensions.
Excluded from the scope of this review are refrigerated, frozen, or canned pastas, as well as all forms of egg pasta, with the exception of non-egg dry pasta containing up to two percent egg white.
The merchandise subject to review is currently classifiable under item 1902.19.20 of the
Within 90 days of the August 27, 2002 notice of initiation, Filiz requested to withdraw from the above referenced administrative review.
In accordance with the Department's regulations, and consistent with its practice, the Department hereby rescinds the administrative review of pasta from Turkey for the period July 1, 2001 to June 30, 2002.
This notice is in accordance with section 751(a)(1) of the Tariff Act of 1930, as amended, and section 351.213(d) of the Department's regulations.
Import Administration, International Trade Administration, Department of Commerce.
Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review.
February 27, 2003.
Michael Strollo at (202) 482-0629, Office of AD/CVD Enforcement, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington D.C. 20230.
On August 27, 2002, the Department published in the Federal Register a notice of initiation of administrative review of the antidumping duty order on persulfates from the People's Republic of China.
In accordance with section 751(a)(3)(A) of the Tarriff Act of 1930, as amended (the Act), the Department shall make a preliminary determination in an administrative review of an antidumping duty order within 245 days after the last day of the anniversary month of the date of publication of the order. The Act further provides, however, that the Department may extend the 245-day period to 365 days if it determines it is not practicable to complete the review within the foregoing time period. Due to the respondent's request for a partial revocation of the antidumping duty order, and the fact that the Department needs sufficient time to conduct a verification in this proceeding, it is not practicable to complete this review within the time limit mandated by section 751(a)(3)(A) of the Act. Therefore, in accordance with section 751(a)(3)(A) of the Act, we have fully extended the deadline until July 31, 2003.
Import Administration, International Trade Administration, Department of Commerce.
Initiation of antidumping duty investigations.
February 27, 2003.
Magd Zalok (Brazil and Republic of Korea) at (202) 482-4162, Victoria Schepker (India and Thailand) at (202) 482-1756, and David Layton (Mexico) at (202) 482-0371, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230.
On January 31, 2003, the Department received petitions filed in proper form by American Spring Wire Corp., Insteel Wire Products Company, and Sumiden Wire Products Corp. (collectively, the petitioners). The Department received supplemental information to the petitions from February 4 through February 14, 2003.
In accordance with section 732(b)(1) of the Tariff Act of 1930, as amended (the Act), the petitioners allege that imports of prestressed concrete steel wire strand (PC strand) from Brazil, India, the Republic of Korea (Korea), Mexico, and Thailand are, or are likely to be, sold in the United States at less than fair value within the meaning of section 731 of the Act, and that imports from Brazil, India, Korea, Mexico, and Thailand are materially injuring, or are threatening to materially injure an industry in the United States.
The Department finds that the petitioners filed these petitions on behalf of the domestic industry because they are interested parties as defined in sections 771(9)(C) of the Act and they have demonstrated sufficient industry support with respect to each of the antidumping investigations that they are requesting the Department to initiate.
The anticipated period of investigation (POI) for Brazil, India, Korea, Mexico, and Thailand is January 1, 2002, through December 31, 2002.
For purposes of these investigations, prestressed concrete steel wire (PC strand) is steel strand produced from wire of non-stainless, non-galvanized steel, which is suitable for use in prestressed concrete (both pretensioned and post-tensioned) applications. The product definition encompasses covered and uncovered strand and all types, grades, and diameters of PC strand.
The merchandise under these investigations is currently classifiable under subheadings 7312.10.3010 and 7312.10.3012 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and Customs purposes, the written description of the merchandise under investigation is dispositive.
As discussed in the preamble to the Department's regulations (
Section 732(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 732(c)(4)(A) of the Act provides that the Department's industry support determination, which is to be made before the initiation of the investigation, be based on whether a minimum percentage of the relevant industry supports the petition. A petition meets this requirement if the domestic producers or workers who support the petition account for: (1) At least 25 percent of the total production of the domestic like product; and (2) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, the Department shall either poll the industry or rely on other information in order to determine if there is support for the petition.
Section 771(4)(A) of the Act defines the “industry” as the producers of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs the Department to look to producers and workers who produce the domestic like product. The U.S. International Trade Commission (ITC), which is responsible for determining whether “the domestic industry” has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both the Department and the ITC must apply the same statutory definition regarding the domestic like product (section 771(10) of the Act), they do so for different purposes and pursuant to a separate and distinct authority. In addition, the Department's determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to the law.
Section 771(10) of the Act defines the domestic like product as “a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.” Thus, the reference point from which the domestic like product analysis begins is “the article subject to an investigation,”
The petitions cover PC strand as defined in the
Finally, the Department has determined that, pursuant to section 732(c)(4)(A) of the Act, the petitions contain adequate evidence of industry support and, therefore, polling is unnecessary. See Import Administration Antidumping Investigations Initiation Checklist: Prestressed Concrete Steel Wire Strand from Brazil, India, Korea, Mexico, and Thailand, Industry Support section, February 20, 2003 (the Initiation Checklist), on file in the Central Records Unit, Room B-099 of the main Department of Commerce building.
For each country, we determined, based on information provided in the petition, that the petitioners have demonstrated industry support representing over 50 percent of total production of the domestic like product. Therefore, the domestic producers or workers who support the petitions account for at least 25 percent of the total production of the domestic like product, and the requirements of section 732(c)(4)(A)(i) of the Act are met. Furthermore, because the Department received no opposition to the petitions, the domestic producers or workers who support the petitions account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for or opposition to the petitions. Thus, the requirements of section 732(c)(4)(A)(ii) are also met. Accordingly, we determine that these petitions are filed on behalf of the domestic industry within the meaning of section 732(b)(1) of the Act.
Pursuant to section 773(b) of the Act, the petitioners provided information demonstrating reasonable grounds to believe or suspect that sales in the home markets of India, Korea, Mexico, and Thailand were made at prices below the cost of production (COP) and, accordingly, requested that the Department conduct country-wide sales-below-COP investigations in connection with these investigations. The Statement of Administrative Action (SAA), submitted to the Congress in connection with the interpretation and application of the Uruguay Round Agreements Act (URAA), states that an allegation of sales below COP need not be specific to individual exporters or producers. The SAA states that “Commerce will consider allegations of below-cost sales in the aggregate for a foreign country, just as Commerce currently considers allegations of sales at less than fair value on a country-wide basis for purposes of initiating an antidumping investigation.” SAA, H.R. Doc. No. 103-316 at 833 (1994).
Further, the SAA provides that section 773(b)(2)(A) of the Act retains the requirement that the Department have “reasonable grounds to believe or suspect” that below-cost sales have occurred before initiating such an investigation. Reasonable grounds exist when an interested party provides specific factual information on costs and prices, observed or constructed, indicating that sales in the foreign market in question are at below-cost prices. We have analyzed the country-specific allegations as described below for India, Korea, Mexico, and Thailand. Based on our analysis, we found reasonable grounds to believe or suspect that sales of PC strand in the above-referenced countries were made at prices below cost.
The following are descriptions of the allegations of sales at less than fair value upon which the Department based its decision to initiate these investigations. The sources of data for the deductions and adjustments relating to U.S. and home market prices, and constructed value (CV) are discussed in greater detail in the Initiation Checklist. Should the need arise to use any of this information as facts available under section 776 of the Act in our preliminary or final determinations, we may re-examine the information and revise the margin calculations, if appropriate.
The petitioners based constructed export price (CEP) on prices for sales of low-relaxation PC strand from a Brazilian producer, through its U.S. affiliate, to an unaffiliated U.S. purchaser. The petitioners calculated a single average U.S. gross unit price and deducted from it estimated costs for international freight and insurance charges, U.S. inland freight charges, harbor maintenance and merchandise processing fees, and imputed credit expenses to arrive at an average net U.S. price. Information regarding U.S. warehousing expenses, indirect selling expenses, inventory carrying expenses, and CEP profit was not reasonably available to petitioners; therefore, the petitioners did not deduct these items from the average gross unit price. Instead, as a conservative estimate of these expenses, the petitioners subtracted from the U.S. price an amount for the prevailing commission rate for PC strand sold in the United States via unaffiliated agents to foreign producers' unaffiliated U.S. customers.
With respect to the normal value (NV), the petitioners provided a home market price for low-relaxation PC strand that was obtained from a foreign market researcher familiar with Brazilian sales.
The estimated dumping margin for Brazil, based on a comparison of CEP and home market price, is 118.75 percent.
The petitioners based CEP on prices for low-relaxation PC strand from an Indian producer, through its U.S. affiliate, to unaffiliated U.S. purchasers. The petitioners calculated a single average gross unit price and deducted estimated costs for international freight and insurance charges, U.S. inland freight charges, harbor maintenance and merchandise processing fees, and imputed credit expenses to calculate an average net U.S. price. Information regarding U.S. warehousing expenses, indirect selling expenses, inventory carrying expenses, and CEP profit were not reasonably available to the petitioners; therefore, the petitioners did not deduct these items from the average gross unit price. Instead, as a conservative estimate of these expenses, the petitioners subtracted from the U.S. price an amount for the prevailing commission rate for PC strand sold in the United States via unaffiliated agents to foreign producers' unaffiliated U.S. customers.
With respect to NV, the petitioners provided home market prices for low-relaxation PC strand produced that was obtained from a foreign market researcher familiar with Indian sales.
The petitioners also provided information demonstrating reasonable grounds to believe or suspect that sales of PC strand in the home market were made at prices below the fully absorbed COP, within the meaning of section 773(b) of the Act, and requested that the Department conduct a country-wide sales-below-cost investigation.
Pursuant to section 773(b)(3) of the Act, COP consists of cost of manufacture (COM); selling, general and administrative (SG&A) expenses; financial expenses; and packing expenses. The petitioners calculated COM based on their own production experience, adjusted for known differences between costs incurred to produce PC strand in the United States and in India using publicly available data. For initiation purposes, we have recalculated the labor and electricity costs by first indexing the costs in the foreign denominated currency and then converting the costs to U.S. Dollars based on the prevailing exchange rate for the comparison period. To calculate SG&A, the petitioners relied on amounts reported in the financial statements, for the fiscal year ending March 31, 2002, of Tata SSL Ltd., an Indian PC strand producer. To calculate financial expenses, the petitioners relied on amounts reported in the consolidated financial statements, for the fiscal year ending March 31, 2002, of Tata Iron & Steel Company Ltd., an Indian PC strand producer. Based upon a comparison of the price of the foreign like product in the home market to the calculated COP of the product, we find reasonable grounds to believe or suspect that sales of the foreign like product were made below the COP, within the meaning of section 773(b)(2)(A)(i) of the Act. Accordingly, the Department is initiating a country-wide cost investigation.
Pursuant to sections 773(a)(4), 773(b) and 773(e) of the Act, the petitioners also based NV for sales in India on CV. The petitioners calculated CV using the same COM, SG&A, and interest expense figures used to compute the Indian home market costs. Consistent with section 773(e)(2) of the Act, the petitioners included in CV an amount for profit based upon amounts reported by an Indian PC strand producer's financial statements for the year ended March 31, 2002.
The estimated dumping margin for India, based on a comparison of CEP and home market price, is 65.23 percent. The estimated dumping margin based on a comparison between CEP and CV is 102.07 percent.
The petitioners based export price (EP) on prices within the POI for sales of low-relaxation PC strand produced by two Korean companies and offered for sale to an unaffiliated U.S. customer. The petitioners averaged the gross prices, by company, and deducted from the average prices international freight and insurance expenses, U.S. customs duties, U.S. harbor maintenance and merchandise processing fees, and the U.S. inland freight expenses.
With respect to NV, the petitioners provided home market prices based on prices within the POI for sales of PC strand produced by two Korean companies and offered for sale to an unaffiliated customer. The price quotes are based on information gathered by a market researcher familiar with the Korean sales.
The petitioners also provided information demonstrating reasonable grounds to believe or suspect that sales of PC strand in the home market were made at prices below the fully absorbed COP, within the meaning of section 773(b) of the Act, and requested that the Department conduct a country-wide sales-below-cost investigation.
Pursuant to section 773(b)(3) of the Act, COP consists of COM, SG&A expenses, financial expenses, and packing expenses. The petitioners calculated COM based on their own production experience, adjusted for known differences between costs incurred to produce PC strand products in the United States and Korea using publicly available data. For initiation purposes, we have recalculated the labor and electricity costs by first indexing the costs in the foreign denominated currency and then converting the costs to U.S. Dollars based on the prevailing exchange rate for the comparison period. To calculate SG&A and interest expenses, the petitioners relied upon amounts reported in the 2001 financial statements of Kiswire—Koryo Steel Company (Kiswire) and Dong il—Dong-il Steel Manufacturing Co. Inc., two Korean producers of PC strand. Based upon a comparison of the price of the foreign like product in the home market to the calculated COP of the product, we find reasonable grounds to believe or suspect that sales of the foreign like product were made below the COP, within the meaning of section 773(b)(2)(A)(i) of the Act. Accordingly, the Department is initiating a country-wide cost investigation.
Pursuant to sections 773(a)(4), 773(b) and 773(e) of the Act, the petitioners also based NV for sales in Korea on CV. The petitioners calculated CV using the same COM, SG&A and interest expense figures used to compute the Korean home market costs. Consistent with 773(e)(2) of the Act, the petitioners included in CV an amount for profit. For profit, the petitioners relied upon amounts reported in Kiswire's 2001 financial statements.
The estimated dumping margin for Korea, based on a comparison of EP and home market prices, ranges from 18.67 to 27.06 percent. The estimated dumping margin, based on a comparison between EP and CV, ranges from 42.62 to 54.19 percent.
The petitioners based EP on prices within the POI for sales of low-relaxation PC strand manufactured by a Mexican producer and offered for sale directly to an unaffiliated U.S. customer. The petitioners averaged the gross prices for the individual prices and deducted U.S. import duties, freight and insurance to the U.S. port of entry, and U.S. inland freight from the average price. The petitioners did not deduct U.S. harbor maintenance and merchandise processing fees, based on the conservative assumption that the Mexican products were shipped over land.
With respect to NV, the petitioners provided a home market price that was obtained from an invoice for an actual sale in Mexico to an unaffiliated customer. The petitioners state that the invoice price reported was a delivered price. To calculate the NV, the petitioners deducted inland freight from the home market price, and, consistent with our statutory EP circumstances-of-sale calculation methodology, adjusted the home market price for imputed credit and commissions by deducting home market credit expenses from the home market prices and adding the U.S. imputed credit and U.S. commission expenses to this price.
The petitioners have provided information demonstrating reasonable grounds to believe or suspect that sales of PC strand in the home market were made at prices below the fully absorbed COP, within the meaning of section 773(b) of the Act, and requested that the Department conduct a country-wide sales-below-cost investigation.
Pursuant to section 773(b)(3) of the Act, COP consists of the COM, SG&A, financial expenses, and packing expenses. The petitioners calculated COM based on their own production experience, adjusted for known differences between costs incurred to produce PC Strand in the United States and in Mexico using publicly available data. For initiation purposes, we have recalculated the labor, electricity and natural gas costs by first indexing the costs in the foreign-denominated currency and then converting the costs to U.S. Dollars based on the prevailing exchange rate for the comparison period. To calculate SG&A and financial expenses, the petitioners relied upon amounts reported in the 2001 financial statements of Aceros Camesa, S.A. de C.V. (Camesa), a Mexican producer of PC strand. Based upon a comparison of the prices of the foreign like product in the home market to the calculated COP of the product, we find reasonable grounds to believe or suspect that sales of the foreign like product were made below the COP, within the meaning of section 773(b)(2)(A)(i) of the Act. Accordingly, the Department is initiating a country-wide cost investigation.
Pursuant to sections 773(a)(4), 773(b) and 773(e) of the Act, the petitioners also based NV for sales in Mexico on CV. The petitioners calculated CV using the same COM, SG&A, and financial expense figures used to compute home market costs. Consistent with 773(e)(2) of the Act, the petitioners included in CV an amount for profit. For profit, the petitioners relied upon amounts reported in Camesa's 2001 financial statements.
The estimated dumping margin in the petition for Mexico based on a comparison of EP and home market price is 50.16 percent. The estimated dumping margin based on a comparison between EP and CV is 77.20 percent.
The petitioners based EP on a price for sales of low-relaxation PC strand produced by a Thai company and offered for sale to an unaffiliated U.S. purchaser. The petitioners calculated a net U.S. price by deducting estimated costs for international freight, insurance charges, and harbor maintenance and merchandise processing fees.
With respect to NV, the petitioners provided a home market price for low-relaxation PC strand produced by a Thai company and offered for sale to an unaffiliated Thai purchaser. The price quotes are based on information gathered by a market researcher familiar with the Thai sales.
The petitioners have provided information demonstrating reasonable grounds to believe or suspect that sales of PC strand in the home market were
Pursuant to section 773(b)(3) of the Act, COP consists of the COM, SG&A, financial expenses, and packing expenses. The petitioners calculated COM based on their own production experience, adjusted for known differences between costs incurred to produce PC Strand in the United States and in Thailand using publicly available data. For initiation purposes, we have recalculated the labor and electricity costs by first indexing the costs in the foreign-denominated currency and then converting the costs to U.S. Dollars based on the prevailing exchange rate for the comparison period. To calculate SG&A and financial expenses, the petitioners relied upon amounts reported in the 2001 financial statements of Siam Wire. Based upon a comparison of the prices of the foreign like product in the home market to the calculated COP of the product, we find reasonable grounds to believe or suspect that sales of the foreign like product were made below the COP, within the meaning of section 773(b)(2)(A)(i) of the Act. Accordingly, the Department is initiating a country-wide cost investigation.
Pursuant to sections 773(a)(4), 773(b) and 773(e) of the Act, the petitioners also based NV for sales in Thailand on CV. The petitioners calculated CV using the same COM, SG&A, and financial expense figures used to compute the Thai home market costs. Consistent with 773(e)(2) of the Act, the petitioners included in CV an amount for profit. For profit, the petitioners relied upon amounts reported in the Siam Wire's 2001 financial statements.
The estimated dumping margin for Thailand, based on a comparison of EP and home market price is 13.53 percent. The estimated dumping margin based on a comparison between EP and CV is 29.68 percent.
Based on the data provided by the petitioners, there is reason to believe that imports of PC strand from Brazil, India, Korea, Mexico, and Thailand are being, or are likely to be, sold at less than fair value.
The petitioners allege that the U.S. industry producing the domestic like product is being materially injured, or is threatened with material injury, by reason of the cumulated imports from Brazil, India, Korea, Mexico, and Thailand of the subject merchandise sold at less than NV.
The petitioners contend that the industry's injured condition is evident in the declining trends in net operating profits, net sales volumes, domestic prices, revenue, profit-to-sales ratios, production employment, capacity utilization, and domestic market share. The allegations of injury and causation are supported by relevant evidence including U.S. Customs import data, lost sales, and pricing information. We have assessed the allegations and supporting evidence regarding material injury and causation, and we have determined that these allegations are properly supported by adequate evidence and meet the statutory requirements for initiation.
Based upon our examination of the petitions on PC strand, we have found that they meet the requirements of section 732 of the Act.
In accordance with section 732(b)(3)(A) of the Act, a copy of the public version of each petition has been provided to the representatives of the governments of Brazil, India, Korea, Mexico, and Thailand. We will attempt to provide a copy of the public version of each petition to each exporter named in the petitions, as provided for under 19 CFR 351.203(c)(2).
We have notified the ITC of our initiations as required by section 732(d) of the Act.
The ITC will determine no later than March 17, 2003, whether there is a reasonable indication that imports of PC strand from Brazil, India, Korea, Mexico, and Thailand are causing material injury, or threatening to cause material injury, to a U.S. industry. A negative ITC determination for any country will result in the investigation being terminated with respect to that country; otherwise, these investigations will proceed according to statutory and regulatory time limits.
This notice is issued and published pursuant to section 777(i) of the Act.
Import Administration, International Trade Administration, Department of Commerce.
Notice of rescission of antidumping duty new shipper review.
February 27, 2003.
On January 8, 2003, the Department of Commerce (the Department) published in the
Vicki Schepker or Keith Nickerson, at (202) 482-1756 or (202) 482-3813, respectively, AD/CVD Enforcement Office V, Group II, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW., Washington, DC 20230.
In accordance with 19 CFR 351.214(c) (April 2002), on November 26, 2002, La Pointe & Roy requested a new shipper review of the antidumping duty order on certain softwood lumber products from Canada. On December 31, 2002, in accordance with section 751(a)(2)(B)(ii) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(d)(1), we initiated a new shipper review of this order for the period May 22, 2002, through October 31, 2002 (68 FR 1030). La Pointe & Roy withdrew its request for
The Department's regulations at 19 CFR 351.214(f)(1) provide that the Department will rescind a new shipper review if the party that requested the review withdraws its request for review within 60 days of the date of publication of the notice of initiation of the requested review. La Pointe & Roy withdrew its request within the 60-day period. Accordingly, we are rescinding this review.
Bonding is no longer permitted to fulfill security requirements for shipments of certain softwood lumber products from Canada produced and exported by La Pointe & Roy, entered, or withdrawn from warehouse, for consumption in the United States on or after the publication of this rescission notice in the
This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/destruction of APO material or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanctions.
This notice is issued and published in accordance with sections 751(a)(2)(B)(iv) and 777(i) of the Act and 19 CFR 351.214(f)(3).
Import Administration, International Trade Administration, Department of Commerce.
Notice of Final Determination of Sales at Less Than Fair Value.
February 27, 2003.
Tom Martin or Tom Futtner, AD/CVD Enforcement, Office 4, Group II, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-3936, and (202) 482-3814, respectively.
We determine that urea ammonium nitrate solutions (UANS) from Belarus are being sold, or are likely to be sold, in the United States at less than fair value (LTFV), as provided in section 735 of the Act. The estimated margins of sales at LTFV are shown in the
On October 3, 2002, the Department of Commerce (the Department) published the preliminary determination of sales at LTFV in the antidumping duty investigation of UANS from Belarus.
On November 7, 2002, the Department published a postponement of the final determination of sales at LTFV in the antidumping duty investigation of UANS from Belarus.
During November 2002, the Department conducted a verification of Grodno Production Republican Enterprise's (Grodno) sales and factors of production (FOP) information.
On November 1, 2002, the petitioner requested a hearing pursuant to 19 CFR 351.301(e). However, no hearing was held in this investigation because the petitioner withdrew its request for a hearing.
In a memorandum filed on December 23, 2002, we altered the time limit for submitting case briefs pursuant to 351.309(c)(1)(i) of the Department's regulations. We received a case brief from the petitioner on January 7, 2003. On January 14, 2003, the respondent, through the Embassy of the Republic of Belarus, requested, and the Department granted, an extension for Grodno to submit comments. The respondent provided comments on January 17, 2003.
For purposes of this investigation, the product covered is all mixtures of urea and ammonium nitrate in aqueous or ammoniacal solution, regardless of nitrogen content by weight, and regardless of the presence of additives, such as corrosion inhibitors. The merchandise subject to this investigation is classified in the Harmonized Tariff Schedule of the United States (HTSUS) under item number 3102.80.00.00. Although the HTSUS item number is provided for convenience and customs purposes, the written description of the merchandise under investigation is dispositive.
The period of investigation (POI) is October 1, 2001, through March 31, 2002.
All issues raised in the comments by parties to this proceeding and to which we have responded are listed in the Appendix to this notice and addressed in the Memorandum from Bernard T. Carreau, Deputy Assistant Secretary, to Faryar Shirzad, Assistant Secretary, “Issues and Decision Memorandum for the Final Determination in the Antidumping Duty Investigation of Urea Ammonium Nitrate Solutions from Belarus C October 1, 2001, through March 31, 2002,” dated concurrently with this notice (
The Department has treated Belarus as a nonmarket economy (NME) country in all previous antidumping investigations.
In our Preliminary Determination, we found that the only responding company, Grodno, met the criteria for the application of separate, company-specific antidumping duty rates. We have not received any other information since the preliminary determination which would warrant reconsideration of our separates rates determination with respect to this company. For a complete discussion of the Department's determination that the respondent is entitled to a separate rate, see the
In all NME cases, the Department makes a rebuttable presumption that all exporters or producers located in the NME country comprise a single exporter under common government control, “the NME entity.” The Department assigns a single NME rate to the NME entity unless an exporter can demonstrate eligibility for a separate rate.
In the
When the Department is investigating imports from an NME country, section 773(c)(1) of the Act directs the Department to base normal value (NV) on the NME producer's FOP, valued in a comparable market economy that is a significant producer of comparable merchandise. For purposes of the final determination, we continue to find that South Africa remains the appropriate surrogate country for Belarus. We received comments from the respondent pertaining to our selection of South Africa, which are discussed in the accompanying
As provided in section 782(i) of the Act, we verified the information submitted by the respondent for use in our final determination. We used standard verification procedures including examination of relevant accounting and production records, and original source documents provided by the respondents. For changes from the Preliminary Determination as a result of verification, see the
Based on our findings at verification and on our analysis of the comments received, we have made adjustments to the calculation methodologies. We are valuing the river water FOP and the steam FOPs separately from surrogate overhead value, and we are applying truck freight rather than rail freight to three FOPs. These adjustments are discussed in detail in the (1) Decision Memorandum, (2) Memorandum from the Team to the File, “Additional Surrogate Country Values Used for the Final Determination of the Antidumping Duty Investigation of Urea Ammonium Nitrate Solutions from Belarus,” dated February 18, 2003, and (3) Memorandum from the Team to the File, “Calculation Memorandum for the Final Determination,” dated February 18, 2003.
In accordance with section 735(c)(1)(B)(ii) of the Act, we are directing the U.S. Customs Service (Customs) to continue suspension of liquidation of entries of subject merchandise from Belarus that are entered, or withdrawn from warehouse, for consumption on or after October 3, 2002 (the date of publication of the
We determine that the following weighted-average percentage margins exist for the period October 1, 2001, through March 31, 2002:
The Belarus-wide rate applies to all entries of the subject merchandise except for entries from Grodno.
In accordance with section 735(d) of the Act, we have notified the U.S. International Trade Commission (ITC) of our determination. As our final determination is affirmative, the ITC will determine, within 45 days, whether these imports are materially injuring, or threaten material injury to, the U.S. industry. If the ITC determines that material injury, or threat of material injury does not exist, the proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing Customs officials to assess antidumping duties on all imports of subject merchandise entered for consumption on or after the effective date of the suspension of liquidation.
This notice also serves as a reminder to parties subject to APO of their responsibility concerning the
This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act.
Import Administration, International Trade Administration, Department of Commerce.
February 27, 2003.
Crystal Scherr Crittenden at (202) 482-0989, or Tom Futtner at (202) 482-3814, Office of AD/CVD Enforcement IV, Group II, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230.
We determine that urea ammonium nitrate solutions (UANS) from Ukraine are being, or are likely to be, sold in the United States at less than fair value (LFTV), as provided in section 735 of the Tariff Act of 1930, as amended (the Act). The estimated margins are shown in the “Suspension of Liquidation” section of this notice.
On October 3, 2002, the Department published its preliminary determination in the above-captioned antidumping duty investigation.
Since the preliminary determination, the following events have occurred. On November 1, 2002, the petitioner
For purposes of these investigations, the product covered is all mixtures of urea and ammonium nitrate in aqueous or ammoniacal solution, regardless of nitrogen content by weight, and regardless of the presence of additives, such as corrosion inhibitors. The merchandise subject to these investigations is classified in the Harmonized Tariff Schedule of the United States (HTSUS) under item number 3102.80.00.00. Although the HTSUS item number is provided for convenience and customs purposes, the written description of the merchandise under investigation is dispositive.
The period of investigation (POI) is October 1, 2001, through March 31, 2002.
The Department has treated Ukraine as an nonmarket economy (NME) country in all previous antidumping investigations.
In an NME proceeding, the Department presumes that all companies within the country are subject to governmental control, and assigns separate rates only if the respondent demonstrates the absence of both
We received no comments on this issue. Therefore, in our final results we continue to find that Stirol and Cherkassy, in addition to all other exporters, are part of the NME entity and therefore subject to the Ukraine-wide rate.
In the
The Department updated the 2000 income data for expected wages of selected NME countries initially revised in September 2002. In the
Pursuant to section 735(c)(1)(B) of the Act, we are instructing the U.S. Customs Service (Customs) to continue to suspend liquidation of all entries of UANS from Ukraine that are entered, or withdrawn from warehouse, for consumption on or after October 3, 2003 (the date of publication of the
We determine that the following percentage margin exists for the period October 1, 2001, through March 31, 2002:
In accordance with section 735(d) of the Act, we have notified the ITC of our determination. As our final determination is affirmative, the ITC will determine, within 45 days, whether these imports are causing material injury, or threat of material injury, to an industry in the United States. If the ITC determines that material injury, or threat of injury does not exist, the proceeding will be terminated and all securities posted will be refunded or cancelled. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing Customs officials to assess antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation.
This notice also serves as a reminder to parties subject to APO of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation.
This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act.
Import Administration, International Trade Administration, Department of Commerce.
Initiation of countervailing duty investigation.
February 27, 2003.
Robert Copyak, Alicia Kinsey, or Jim Neel, AD/CVD Enforcement, Office VI, Group II, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; (202) 482-2209, (202) 482-4793, or (202) 482-4161, respectively.
Unless otherwise indicated, all citations to the statute are references to the provisions effective January 1, 1995, the effective date of the amendments made to the Tariff Act of 1930 (the Act) by the Uruguay Round Agreements Act (URAA). In addition, unless otherwise indicated, all citations to the Department of Commerce's (the Department's) regulations are references to the provisions codified at 19 CFR part 351 (2002).
On January 31, 2003, the Department received a petition filed in proper form by the following parties: American Spring Wire Corp., Insteel Wire Products Company, and Sumiden Wire Products Corp. (collectively, the petitioners). The Department received from the petitioners information supplementing the petition on February 12, 2003.
In accordance with section 702(b)(1) of the Act, the petitioners allege that manufacturers, producers, or exporters of prestressed concrete steel wire strand (“PC strand”) in India receive countervailable subsidies within the meaning of section 701 of the Act.
The Department finds that the petitioners filed this petition on behalf of the domestic industry because they are interested parties as defined in sections 771(9)(C) and (d) of the Act. The petitioners have demonstrated sufficient industry support with respect to the countervailing duty investigation that they are requesting the Department to initiate (
For purposes of this investigation, prestressed concrete steel wire (PC strand) is steel strand produced from wire of non-stainless, non-galvanized steel, which is suitable for use in prestressed concrete (both pretensioned and post-tensioned) applications. The product definition encompasses covered and uncovered strand and all types, grades, and diameters of PC strand.
The merchandise under this investigation is currently classifiable under subheadings 7312.10.3010 and 7312.10.3012 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and Customs purposes, the written description of the merchandise under investigation is dispositive.
As discussed in the preamble to the Department's regulations (
In accordance with Article 13.1 of the Agreement on Subsidies and Countervailing Measures and section 702(b)(4)(A)(ii) of the Act, on February 13, 2003, we invited the Government of India (“GOI”) to hold consultations with us regarding this petition. Representatives of the GOI accepted our offer for consultations, but ultimately were unable to meet prior to this initiation.
Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(c)(4)(A) of the Act provides that the Department's industry support determination, which is to be made before the initiation of the investigation, be based on whether a minimum percentage of the relevant industry supports the petition. A petition meets this requirement if the domestic producers or workers who support the petition account for: (1) at least 25 percent of the total production of the domestic like product; and (2) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, the Department shall either poll the industry or rely on other information in order to determine if there is support for the petition.
Section 771(4)(A) of the Act defines the “industry” as the producers of a domestic like product. Thus, to determine whether the petition has the requisite industry support, the statute directs the Department to look to producers and workers who produce the domestic like product. The International Trade Commission (ITC), which is responsible for determining whether “the domestic industry” has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both the Department and the ITC must apply the same statutory definition regarding the domestic like product (section 771(10) of the Act), they do so for different purposes and pursuant to separate and distinct authorities. In addition, the Department's determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to the law.
Section 771(10) of the Act defines the domestic like product as “a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.” Thus, the reference point from which the domestic like product analysis begins is “the article subject to an investigation,”
The petition covers PC strand as defined in the
We determined, based on information provided in the petition, that the petitioners have demonstrated industry support representing over 50 percent of total production of the domestic like product. Therefore, the domestic producers or workers who support the petition account for at least 25 percent of the total production of the domestic like product, and the requirements of section 702(c)(4)(A)(i) of the Act are met. Furthermore, because the Department received no opposition to the petition, the domestic producers or workers who support the petition account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for or opposition to the petition. Thus, the requirements of section 702(c)(4)(A)(ii) are also met. Because the Department has determined that, pursuant to section 702(c)(4)(A) of the Act, the petition contains adequate evidence of industry support, polling is unnecessary. 702(c)(4)(D) of the Act;
Because India is a “Subsidies Agreement Country” within the meaning of section 701(b) of the Act, section 701(a)(2) applies to this investigation. Accordingly, the ITC must determine whether imports of the subject merchandise from India materially injure, or threaten material injury to, a U.S. industry.
The petitioners allege that the U.S. industry producing the domestic like product is being materially injured, or is threatened with material injury, by reason of subsidized imports of the subject merchandise.
The petitioners contend that the industry's injured condition is evident in the declining trends in net operating profits, net sales volumes, domestic prices, revenue, profit-to-sales ratios, production employment, capacity utilization, and domestic market share. The allegations of injury and causation are supported by relevant evidence including U.S. Customs import data, lost sales, and pricing information. We have assessed the allegations and supporting evidence regarding material injury and causation, and we have determined that these allegations are properly supported by adequate evidence and meet the statutory requirements for initiation.
The petitioners contend that the POI is April 1, 2001 through March 31, 2002, which is the last completed fiscal year for each of the alleged producers/exporters of the subject merchandise. If these companies do not have the same fiscal year then the POI would be calendar year 2001.
Section 702(b) of the Act requires the Department to initiate a countervailing duty proceeding whenever an interested party files a petition, on behalf of an industry, that (1) alleges the elements necessary for an imposition of a duty under section 701(a), and (2) is accompanied by information reasonably available to petitioners supporting the allegations.
We are initiating an investigation of the following programs alleged in the petition to have provided countervailable subsidies to manufacturers, producers and exporters of the subject merchandise in India (a full description of each program is provided in the
We are not initiating an investigation of the following programs alleged in the petition to have provided countervailable subsidies to manufacturers, producers and exporters of the subject merchandise in India (a full description of each program is provided in the
The Department has examined the countervailing duty petition on PC strand from India, and found that it complies with the requirements of section 702(b) of the Act. Therefore, in accordance with section 702(b) of the Act, we are initiating a countervailing duty investigation to determine whether manufacturers, producers, or exporters of PC strand from India receive countervailable subsidies.
In accordance with section 702(b)(4)(A)(i) of the Act, a copy of the public version of the petition has been provided to the representatives of the GOI. We will attempt to provide a copy of the public version of the petition to each exporter named in the petition, as provided for under 19 CFR 351.203(c)(2).
Pursuant to section 702(d) of the Act, we have notified the ITC of our initiation.
The ITC will determine by March 17, 2003, whether there is a reasonable indication that imports of PC strand from India are causing material injury, or threatening to cause material injury, to a U.S. industry. A negative ITC determination will result in the investigation being terminated; otherwise, this investigation will proceed according to statutory and regulatory time limits.
This notice is issued and published pursuant to section 777(i) of the Act.
Import Administration, International Trade Administration, Department of Commerce.
Notice of Rescission of Countervailing Duty Administrative Review.
On October 18, 2002, the Department of Commerce (the Department) initiated an administrative review of the countervailing duty order on stainless steel wire rod (SSWR) from Italy, covering the period January 1, 2001 through December 31, 2001, and one manufacturer/exporter of the subject merchandise, Acciaierie Valbruna S.p.A. (Valbruna).
February 27, 2003.
Stephanie Moore or Jim Neel, AD/CVD Enforcement, Office 6, Group II, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-3692 or (202) 482-4161, respectively.
On September 30, 2002, the Department received a letter from Valbruna requesting an administrative review of the countervailing order on SSWR from Italy. On October 18, 2002, the Department initiated an administrative review of this order for the period January 1, 2001 through
For purposes of this administrative review, SSWR comprises products that are hot-rolled or hot-rolled annealed and/or pickled and/or descaled rounds, squares, octagons, hexagons or other shapes, in coils, that may also be coated with a lubricant containing copper, lime or oxalate. SSWR is made of alloy steels containing, by weight, 1.2 percent or less of carbon and 10.5 percent or more of chromium, with or without other elements. These products are manufactured only by hot-rolling or hot-rolling, annealing, and/or pickling and/or descaling, and are normally sold in coiled form, and are of solid cross-section. The majority of SSWR sold in the United States is round in cross-sectional shape, annealed and pickled, and later cold-finished into stainless steel wire or small-diameter bar. The most common size for such products is 5.5 millimeters or 0.217 inches in diameter, which represents the smallest size that normally is produced on a rolling mill and is the size that most wire drawing machines are set up to draw. The range of SSWR sizes normally sold in the United States is between 0.20 inches and 1.312 inches in diameter.
The products covered by this administrative review are currently classifiable under subheadings 7221.00.0005, 7221.00.0015, 7221.00.0030, 7221.00.0045, and 7221.00.0075 of the
Within 90 days of the October 24, 2002 notice of initiation, Valbruna requested to withdraw its request for an administrative review.
In accordance with the Department's regulations, and consistent with its practice, the Department hereby rescinds the administrative review of SSWR from Italy for the period January 1, 2001 to December 31, 2001.
This notice is in accordance with section 751(a)(1) of the Tariff Act of 1930, as amended, and section 351.213(d) of the Department's regulations.
International Trade Administration, Department of Commerce.
Notice of extension of funding availability for grants under the Special American Business Internship Training Program (SABIT).
The International Trade Administration publishes this notice to extend the closing date for the Special American Business Internship Training Program (SABIT) from March 1, 2003, to April 7, 2003.
To be considered, applications must be received in the SABIT office by April 7, 2002. Processing of complete applications takes approximately three to four months. All awards are expected to be made by July 1, 2003.
Liesel Duhon, Director, Special American Business Internship Training program, International Trade Administration, U.S. Department of Commerce, phone—(202) 482-0073, facsimile—(202) 482-2443. These are not toll free numbers.
This notice amends the
International Trade Administration, Commerce.
Announcement of meeting.
The APAC will have a closed meeting on March 13, 2003 at the U.S. Department of Commerce to discuss U.S.-made automotive parts sales in Japanese and other Asian markets.
March 13, 2003.
Dr. Robert Reck, U.S. Department of Commerce, Room 4036, Washington, DC 20230, telephone: 202-482-1418.
The U.S. Automotive Parts Advisory Committee (the “Committee”) advises U.S. Government officials on matters relating to the implementation of the Fair Trade in Automotive Parts Act of 1998 (Pub. L. 105-261). The Committee: (1) Reports to the Secretary of Commerce on barriers to sales of U.S.-made automotive parts and accessories in Japanese and other Asian markets; (2) reviews and considers data collected on sales of U.S.-made auto parts and accessories in Japanese and other Asian markets; (3) advises the Secretary of Commerce during consultations with other Governments on issues concerning sales of U.S.-made automotive parts in Japanese and other Asian markets; and (4) assists in establishing priorities for the initiative to increase sales of U.S.-made auto parts and accessories to Japanese markets, and otherwise provide assistance and direction to the Secretary of Commerce in carrying out the intent of that section; and (5) assists the Secretary of Commerce in reporting to Congress by submitting an annual written report to the Secretary on the sale of U.S.-made automotive parts in Japanese and other Asian markets, as well as any other issues with respect to which the Committee provides advice pursuant to its authorizing legislation.
The Acting Assistant Secretary for Administration, with the concurrence of the General Counsel formally determined on February 12, 2003, pursuant to Section 10(d) of the Federal Advisory Committee Act, as amended, that the March 13th meeting of the Committee and of any subcommittee thereof, dealing with privileged or confidential commercial information may be exempt from the provisions of the Act relating to open meeting and public participation therein because these items are concerned with matters that are within the purview of 5 U.S.C. 552b (c)(4) and (9)(B). A copy of the Notice of Determination is available for public inspection and copying Room 5317, Main Commerce.
NAFTA Secretariat, United States Section, International Trade Administration, Department of Commerce.
Notice of Completion of Panel Review of the final remand determination made by the U.S. International Trade Administration, in the matter of Pure and Alloy Magnesium from Canada, Secretariat File No. USA-CDA-2000-1904-07.
Pursuant to the Order of the Binational Panel dated January 10, 2003, affirming the final remand determination described above was completed on January 21, 2003.
Caratina L. Alston, United States Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, Washington, DC 20230, (202) 482-5438.
On January 10, 2003, the Binational Panel issued an order which affirmed the final remand determination of the United States International Trade Administration (“ITA”) concerning Pure and Alloy Magnesium from Canada. The Secretariat was instructed to issue a Notice of Completion of Panel Review on the 31st day following the issuance of the Notice of Final Panel Action, if no request for an Extraordinary Challenge was filed. No such request was filed. Therefore, on the basis of the Panel Order and Rule 80 of the
National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
Notice of intent to prepare an EIS; notice of scoping meetings; request for comments.
NMFS announces its intention to prepare an EIS, pursuant to NOAA policy as described in NOAA Administrative Order 216-6, to identify and analyze a range of alternatives for fishing experiments to test methods of reducing the incidental take and mortality of threatened and endangered sea turtles by Pacific longline fisheries, as well as the issuance of any permits necessary for the conduct of this activity.
NMFS will hold scoping meetings to inform interested parties of the fishing experiments and solicit input from Federal, State and local agencies, other interested parties, and the general public on the range of actions, alternatives, and impacts that the EIS should consider, including a no-action alternative.
The meeting dates are:
1. March 27, 2003, 6 - 8 p.m., Hilo, HI.
2. April 3, 2003, 3 - 5 p.m., Silver Spring, MD.
3. April 9, 2003, 6 - 8 p.m., Honolulu, HI.
4. April 16, 2003, 3 - 5 p.m., Long Beach, CA.
Comments should be received by April 16, 2003.
The scoping meeting locations are:
1. Paki Hale, main floor, 3840 Paki Avenue, Honolulu, HI 96815.
2. NOAA Silver Spring Metro Center Complex, NOAA Science Center, 1301 East West Highway, Silver Spring, MD 20910.
3. Naniloa Hotel, Kilohana Room, 93 Banyan Drive, Hilo, HI 96720.
4. Glenn M. Anderson Federal Building, Room 3470, 501 W. Ocean Blvd., Long Beach, CA 90802.
Written comments and requests to be included on a mailing list of persons interested in the EIS should be sent to Dr. Christofer Boggs, NMFS Honolulu Laboratory, 2570 Dole Street, Honolulu, HI 96822.
Wende Goo, Management Analyst, Honolulu Laboratory, 808-983-5303
Given that sea turtles are known to interact with the Pacific longline fishery, NMFS believes that research is needed to investigate ways to reduce these interactions. Consequently, NMFS proposes that the Honolulu Laboratory conduct experiments to test gear modifications designed to reduce sea turtle bycatch in longline fisheries.
The objective of the proposed research is to develop gear and fishing methods that will reduce the number of endangered and threatened sea turtles incidentally caught in longline fisheries in the Pacific Ocean. Regulations closing large segments of the North Pacific fishing area to the Hawaii-based U.S. longline fleet have proven to be effective in reducing the incidental catch of sea turtles by that fleet. However, foreign fisheries in the Pacific are responsible for the vast majority of longline bycatch of sea turtles. Development and export of commercially viable gear modifications are viewed as the best means to reduce foreign bycatch of sea turtles.
The research effort is intended to meet the priority one recovery goal identified in the Final Recovery Plans for the U.S. Pacific Populations of the Loggerhead, Leatherback, Olive Ridley, and Green Turtles adopted by NMFS and the U.S. Fish and Wildlife Service (FWS). In these plans, NMFS and FWS identified monitoring and reduction of sea turtle mortality in commercial fisheries as a recovery action needed for all four species (green, leatherback, loggerhead, and olive ridley). The four species of sea turtles are listed as either endangered or threatened under the ESA, which requires that actions taken
In 2001, NMFS proposed to conduct a specific set of experiments for reducing sea turtle bycatch, and applied for a scientific research permit under the ESA in order to proceed. A permit was required because the research involved the take of listed sea turtles. That research proposal/permit application was evaluated in the Final Environmental Assessment on Issuance of Scientific Research Permit No. 1303 to the National Marine Fisheries Service, Honolulu Laboratory, dated January 2002 (Jan. 2002 EA) and in the Endangered Species Act Section 7 Consultation Biological Opinion signed January 25, 2002 (Jan. 25 BiOp). On January 25, 2002, Permit No. 1303 authorizing that research was issued under Section 10 of the ESA.
As a result of litigation challenging the permit, NMFS was ordered by the U.S. District Court of Hawaii to prepare an EIS. The Court determined that Plaintiffs demonstrated a substantial likelihood that the taking of threatened and endangered species during the course of the research may adversely affect these species, a level of effect in this particular case that could be considered significant under the National Environmental Policy Act (NEPA). The Court also noted that an EIS would have a number of benefits, including a more thorough exploration of alternatives, greater opportunity for public involvement, and the preparation of a Record of Decision that clearly lays out the decision and rationale.
NMFS subsequently withdrew Permit No. 1303 on January 8, 2003, to allow consideration of any information obtained or developed during preparation of an EIS, as well as the analysis of that information, in a reconsideration of those experiments.
Scoping for the EIS commences with publication of this Notice, which is intended to meet the NEPA scoping guidelines at 40 CFR 1501.7 and 1508.22. In addition to holding the scoping meetings announced in this Notice, NMFS is accepting written comments on the range of actions, alternatives, and impacts it should consider in the EIS.
Public involvement in the scoping of issues and alternatives is an important part of the EIS process. The action now under consideration and the subject of this EIS is the conduct of fishing experiments to test methods for reducing sea turtle bycatch by Pacific longline fisheries, including the issuance of any permits which may be necessary for the conduct of the research activity. A no-action alternative and its environmental consequences will also be considered and evaluated.
The research activities proposed are similar to those previously authorized under Permit No. 1303. Modifications or alternatives could alter the specific gear to be tested, but would not increase the number of sea turtles affected. No alternative will be considered that requires a greater take of sea turtles than the research proposed and evaluated for Permit No. 1303. Some alternatives may reduce the number of gear modifications to be tested or reduce the number of turtles affected.
NMFS anticipates that the conduct of the fishing experiments proposed will require the Office of Protected Resources to make a decision on whether or not a research permit should be issued.
As a result of preparation of the Jan. 2002 EA, the Jan. 25 BiOp, and the litigation discussed above, a number of issues associated with the research have been identified. These issues include: (1) number of sea turtle hookings and mortalities expected to result from the research; (2) effects of those hookings and mortality levels on sea turtle populations; (3) the cumulative effect on sea turtle populations resulting from the research and the numbers and species of turtles already affected by ongoing fishing and other activities; (4) how each of the four sea turtle populations would be affected if the research is not conducted; (5) effects of the research on endangered short-tailed albatross and other species of interest; (6) whether the research could meet its goals while being conducted in ways that would reduce impacts to sea turtles; (7) the likelihood that any successful fishing methods detected could successfully be transferred to and adopted by foreign longliners; (8) whether the experiment could be conducted using active vessels in current fisheries so the research would not add to the number of sea turtles already being affected by ongoing fishing activity; (9) what options exist for different experimental designs that would meet the research goals; (10) whether the results of other research conducted in the North Atlantic, Azores, and elsewhere already answer the questions to be addressed by the research; and (11) whether the methods of longline fishing to be tested would likely be commercially viable. NMFS solicits and invites public comment on these as well as other relevant issues.
The Endangered Species Act (ESA) requires a research permit for activities involving directed taking of a species listed as threatened or endangered that may include injury and potential mortality. The fishing experiments could also involve the importation of living, deeply hooked sea turtles for treatment and rehabilitation which would also require an ESA permit. The fishing experiments are anticipated to take place on the high seas as well as within the U.S. Exclusive Economic Zone (EEZ).
The Office of Protected Resources issued a Final Environmental Assessment and Biological Opinion that evaluated the effects of the proposed fishing experiments and four alternatives. These documents (Jan. 2002 EA and Jan. 25 BiOp) provide descriptions and discussions of the initial research proposal and issuance of Permit No. 1303 (now withdrawn). In addition, the FWS issued its Biological Opinion on the Effects on the Short-tailed Albatross of National Marine Fisheries Service Research on Sea Turtles in December 2001, concluding that the estimated level of take resulting from the research would not result in jeopardy to that species nor impact any critical habitat.
Alternatives considered in the Jan. 2002 EA included not issuing a permit and variations in the design of the experiments. The total takes of turtles requested to be authorized over the 3-year life of the research permit was 15 green, 44 leatherback, 233 loggerhead, and 24 olive ridley, and the requested lethal take was 117 turtles (6 green, 15 leatherback, 87 loggerhead, and 9 olive ridley). These were determined to be the number of turtles necessary for the fishing experiments to have sufficient statistical validity (that is, to be able to detect significant differences between gear types and fishing methods in their ability to reduce bycatch of sea turtles).
The Jan. 2002 EA and both Biological Opinions are available from the NMFS Honolulu Laboratory (see ADDRESSES).
The Responsible Program Manager for this EIS is Sam Pooley, Acting Director, Honolulu Laboratory, NMFS.
These meetings are accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Wende Goo, 808-983-5303 (voice) or 808-983-2901 (fax), at least five days before the scheduled meeting date.
16 U.S.C. 1531
National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
Notice of public meeting.
The Gulf of Mexico Fishery Management Council will convene public meetings on management issues regarding Gulf fisheries.
The meetings will be held on March 11-14, 2003. For specific dates and times see SUPPLEMENTARY INFORMATION.
These meetings will be held at the Adam's Mark Hotel, 64 South Water Street, Mobile, AL 36602; telephone: 251-438-4000.
Wayne E. Swingle, Executive Director, Gulf of Mexico Fishery Management Council; telephone: 813-228-2815.
The Council will meet to discuss the following items:
8:30-10 a.m.—(Closed Session) Convene the Advisory Panel (AP) Selection Committee to appoint members of the APs. The committee will make recommendations for full Council review in closed session on Thursday afternoon and be presented to the public on Friday morning.
10-11:30 a.m.—(Closed Session) Convene the Scientific and Statistical Committee (SSC) Selection Committee to appoint members of the SSCs, stock assessment panels, and socioeconomic panel. The committee will make recommendations for full Council review in closed session on Thursday afternoon and be presented to the public on Friday morning.
1-2 p.m.—Convene the Data Collection Committee to hear a presentation of a proposed Florida State University economic study.
2-3:30 p.m.—Convene the Administrative Policy Committee to discuss revisions to guidelines for National Standard 1.
3:30-5:30 p.m.—Convene the Reef Fish Management Committee to discuss the Reef Fish Amendment 21 Public Hearing Document and hear a presentation by NMFS Enforcement on grouper fishery violations.
March 12:
8:30-10 a.m.—Convene the Mackerel Management Committee to review a draft regulatory amendment/environmental assessment which addresses maximum sustainable yield (MSY), optimum yield (OY), minimum stock size threshold (MSST), and maximum fishing mortality threshold (MFMT) for the coastal migratory pelagic species, and a scoping document for draft Amendment 15 to include size and bag limit alternatives for cobia, and commercial landings for blue runner.
10-11:30 a.m.—Convene the Shrimp Management
Committee to discuss the Shrimp Amendment 13 Options Paper addressing MSY, OY, MSST, and MFMT for shrimp stocks; vessel monitoring systems; and bycatch reduction.
1-2 p.m.—Convene a joint meeting of the Reef Fish, Mackerel, and Red Drum Management Committees to discuss the proposed scoping document and meetings on an aquaculture generic amendment.
2-5 p.m. -Convene the Habitat Protection Committee to review and comment on the alternatives for specifying essential fish habitat (EFH), habitat areas of particular concern, and impacts of fishing on EFH in the Draft Environmental Impact Statement for the EFH Generic Amendment.
8:30 a.m.—Convene.
8:45-9:30 a.m.—Hear a presentation by the Gulf States Marine Fisheries Commission on accessing the Fisheries Information Network.
9:30-9:45 a.m.—Hear a request for fishing vessel designation from the Worldwide Water Foundation.
9:45-12 noon—Receive public testimony on the Draft Coastal Pelagics (CMP) Regulatory Amendment. The draft CMP Regulatory Amendment sets standards for MSY, OY, overfished and overfishing for king and Spanish mackerel, and cobia. Final action to approve the regulatory amendment will be taken at a subsequent meeting.
1:30-2 p.m.—Receive the Habitat Protection Committee report.
2-2:30 p.m.—Receive the Shrimp Management Committee report.
2:30-2:45 p.m.—Receive the Mackerel Management Committee report.
2:45-3 p.m.—Receive the Reef Fish Management Committee report.
3-3:30 p.m.—Receive the Administrative Policy Committee report.
3:30-4:15 p.m.—(Closed Session) Receive the report of the AP Selection Committee.
4:15-5:30 p.m.—(Closed Session) Receive the report of the SSC Selection Committee.
8:30-8:45 a.m.—Receive the Data Collection Committee Report.
8:45-9 a.m.—Receive the Joint Reef Fish/Mackerel/Red Drum Management Committee report.
9-9:15 a.m.—Receive a report from the Logo Selection Committee.
9:15-9:30 a.m.—Receive the AP Selection Committee Report.
9:30-9:45 a.m.—Receive the SSC Selection Committee Report.
9:45-10 a.m.—Receive a report of the NMFS Billfish AP.
10-10:15 a.m.—Receive a report of the NMFS Highly Migratory Species AP.
10:15-10:30 p.m.—Receive the South Atlantic Fishery Management Council liaison report.
10:30-10:45 a.m.—Receive a report of the Summit for Gulf of Mexico Shrimp Industry.
10:45-11 a.m.—Receive a report of the Gulf Safety Committee.
11-11:15 a.m.—Receive Enforcement Reports.
11:15-11:30 a.m.—Receive the NMFS Regional Administrator's Report.
11:30-11:45 a.m.—Receive Director's Reports.
11:45-12 noon—Other Business
Although non-emergency issues not contained in the agenda may come before the Council for discussion, in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA), those issues may not be the subject of formal Council action during this meeting. Council action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the MSFCMA, provided the public has been notified of the Council's intent to take final action to address the emergency. A copy of the Committee schedule and agenda can be obtained by calling 813-228-2815.
These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Anne Alford at the Council (see
President's Advisory Commission on Educational Excellence for Hispanic Americans, Department of Education.
To amend the notice printed in the
This notice sets forth a change in date of a forthcoming teleconference meeting of the President's Advisory Commission on Educational Excellence for Hispanic Americans.
Originally scheduled for Monday, February 24, 2003, this teleconference meeting has been rescheduled for Tuesday, March 4, 2003, the hour and location to be determined.
Leslie Sanchez, Executive Director, or Adam Chavarria, Associate Director, White House Initiative on Educational Excellence for Hispanic Americans, 400 Maryland Ave., SW., Washington, DC 20202, (202) 401-1411.
Individuals who will need accommodations for a disability in order to observe the meeting (
National Nuclear Security Administration, Los Alamos Site Office, DOE.
Notice of floodplain involvement.
The National Nuclear Security Administration (NNSA), Los Alamos Site Office of the Department of Energy (DOE) plans to improve existing firebreaks and access roads into remote forested areas at Los Alamos National Laboratory (LANL) for the purpose of providing reliable access for fire fighting crews. Improvements will focus on changes to drainage crossings and improved roadbeds within floodplain areas. Improvements would be minor and would mostly consist of installing culverts and stabilizing roadbeds. These roads are limited use roads that are restricted to official access only. In accordance with 10 CFR part 1022, NNSA has prepared a floodplain/wetland assessment and will perform this proposed action in a manner so as to avoid or minimize potential harm to or within the affected floodplain.
Comments are due to the address below no later than March 14, 2003.
Written comments should be addressed to: Elizabeth Withers, Department of Energy, National Nuclear Security Administration, Los Alamos Site Office, 528 35th Street, Los Alamos, NM 87544, or submit them to the Mail Room at the above address between the hours of 8 a.m. and 4:30 p.m., Monday through Friday. Written comments may also be sent electronically to: ewithers@doeal.gov or by facsimile to (505) 667-9998.
Everett Trollinger, Department of Energy, National Nuclear Security Administration, Los Alamos Site Office, 528 35th Street, Los Alamos, NM 87544. Telephone (505) 667-0281, facsimile (505) 667-9998.
For Further Information on General DOE Floodplain Environmental Review Requirements, contact: Carol M. Borgstrom, Director, Office of NEPA Policy and Compliance, EH-42, Department of Energy, 1000 Independence Avenue, SW., Washington DC 20585-0119. Telephone (202) 586-4600 or (800) 472-2756, facsimile (202) 586-7031.
After the May 2000 Cerro Grande Fire event, NNSA developed a Wildfire Hazard Reduction Program for LANL. This program includes the improvement of firebreaks and the improvement of access to remote portions of LANL through the upgrade and maintenance of the existing fire road network. There are about 12 firebreaks and 40 fire roads at LANL that will be improved as part of this project. These improvements will require: clearing each road of hazard trees (mostly these are dead or dying trees); grading of the roads and realignment of sharp curves; cut and fill of road areas where needed to accommodate heavy fire fighting equipment.
Culverts will be installed where necessary based on road substrate, and rock gabions and other erosion control features may also be installed. Disturbed soil will be revegetated after work is completed. Firebreak and road improvements will commence in fiscal year 2003 and be completed over the next 9 months.
In accordance with DOE regulations for compliance with floodplain and wetlands environmental review requirements (10 CFR part 1022), NNSA has prepared a floodplain/wetland assessment for this action, which is available by contacting Elizabeth Withers at the previously identified addresses, phone and facsimile numbers. The floodplain/wetland assessment is available for review at the DOE Reading Room at the Los Alamos Outreach Center, 1619 Central Avenue, Los Alamos, NM 878544; and the DOE Reading Room at the Zimmerman Library, University of New Mexico, Albuquerque, NM 87131. The NNSA will publish a floodplain statement of findings for this project in the
Take notice that on February 19, 2003, Algonquin Gas Transmission Company (Algonquin) tendered for filing as part of
Algonquin states that it is filing the revised tariff sheets, which address the determination of partial day release quantities, pursuant to an order issued by the Commission in the captioned docket on February 6, 2003 (February 6 Order).
Algonquin states that copies of its filing have been mailed to all affected customers of Algonquin and interested state commissions, and all parties on the Commission's official service list in this proceeding.
Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Section 385.211 of the Commission's Rules and Regulations. All such protests must be filed in accordance with Section 154.210 of the Commission's Regulations. 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 proceedings. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at
Take notice that on February 19, 2003, East Tennessee Natural Gas Company (East Tennessee) tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1, the following tariff sheets, to be effective October 1, 2002:
East Tennessee states that it is filing these revised tariff sheets, which address the determination of partial day release quantities, pursuant to an order issued by the Commission in the captioned docket on February 5, 2003 (February 5 Order).
East Tennessee states that copies of its filing have been mailed to all affected customers of East Tennessee and interested state commissions, and all parties on the Commission's official service list in this proceeding.
Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Section 385.211 of the Commission's Rules and Regulations. All such protests must be filed in accordance with Section 154.210 of the Commission's Regulations.
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 proceedings. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at
Take notice that on February 19, 2003, Iroquois Gas Transmission System, L.P. (Iroquois) tendered for filing as part of its FERC Gas Tariff, First Revised Volume No. 1, Sub. Second Revised Sheet No. 50B, proposed to become effective November 1, 2002.
Iroquois asserts that the purpose of this filing is to comply with the Commission's order issued February 6, 2003 (February 6 Order), in Docket No. RP00-411-003 and RP01-44-005.
Iroquois states that copies of its filing were served on all jurisdictional customers and interested state regulatory agencies and all parties to the proceeding.
Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Section 385.211 of the Commission's Rules and Regulations. All such protests must be filed in accordance with Section 154.210 of the Commission's Regulations. 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 proceedings. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at
Take notice that on February 19, 2003, Maritimes & Northeast Pipeline, L.L.C. (Maritimes) tendered for filing as part of its FERC Gas Tariff, First Revised Volume No. 1, the following tariff sheets, to be effective October 1, 2002:
Maritimes states that it is filing these tariff sheets, which address the determination of partial day release quantities, pursuant to an order issued by the Commission in the captioned docket on February 6, 2003 (February 6 Order).
Maritimes states that copies of its filing have been mailed to all affected customers of Maritimes and interested state commissions, and all parties on the Commission's Official Service List in this proceeding.
Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Section 385.211 of the Commission's Rules and Regulations. All such protests must be filed in accordance with Section 154.210 of the Commission's Regulations. 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 proceedings. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at
Take notice that on February 18, 2003, Midwestern Gas Transmission Company (Midwestern) tendered for filing as part of its FERC Gas Tariff, Third Revised Volume No. 1, the revised tariff sheets identified at Appendix A to the filing.
Midwestern states that the revised tariff sheets are being filed in order to comply with the Commission's December 19, 2002 Order in the referenced proceedings, which relates to Midwestern's previous filings to comply with Order Nos. 637, 637-A, and 637-B.
Midwestern states that copies of this filing have been sent to all of Midwestern's contracted Shippers, interested state regulatory commissions, and all parties of record in this proceeding.
Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Section 385.211 of the Commission's Rules and Regulations. All such protests must be filed in accordance with Section 154.210 of the Commission's Regulations. 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 proceedings. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at
Take notice that on February 14, 2003, Midwestern Gas Transmission Company (Midwestern) tendered for filing a report of activities during the first year of service under Rate Schedule PAL, Park and Loan Service.
Midwestern states that the filing is being made in compliance with Commission's December 28, 2001 order (97 FERC ¶ 61,386 (2001)), requiring Midwestern to file a report of its activities during the first year of service under Rate Schedule PAL.
Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Section 385.211 of the Commission's Rules and Regulations. All such protests must 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 proceedings. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at
Take notice that on February 20, 2003, Powerex Corp. (Powerex) filed a complaint in which it requests that the Commission find that the California Power Exchange Corporation (CalPX) should release Powerex's letter of credit provided as a condition for participating in the CalPX's now-defunct markets, consistent with the Commission's September 30, 2002, order on rehearing in
Any person desiring to be heard or to protest this filing should file 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). 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. The answer to the complaint and all comments, interventions or protests must be filed on or before the comment date. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at
Take notice that on February 14, 2003, Quark Power L.L.C. (Quark) filed with the Federal Energy Regulatory Commission (Commission), pursuant to section 205 of the Federal Power Act, its revised FERC Electric Rate Schedule No. 1 for the resale of Firm Transmission Rights (FTRs), or their equivalent, to become effective as of February 18, 2003.
This filing was sent to PJM Interconnection, L.L.C., the New York Independent System Operator, Inc., and the New England Power Pool/ISO New England, Inc.
Any person desiring to intervene or to protest this filing should file 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). 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. All such motions or protests should be filed on or before the comment date, and, to the extent applicable, must be served on the applicant and on any other person designated on the official service list. This filing is available for review at the Commission or may be viewed on the Commission's Web site at
Take notice that on February 19, 2003, Texas Eastern Transmission, LP (Texas Eastern) tendered for filing as part of its FERC Gas Tariff, Seventh Revised Volume No. 1, the following tariff sheets, to be effective October 1, 2002:
Texas Eastern states that it is filing these revised tariff sheets, which address the determination of partial day release quantities, pursuant to an order issued by the Commission in the captioned docket on February 6, 2003 (February 6 Order).
Texas Eastern states that copies of its filing have been mailed to all affected customers of Texas Eastern and interested state commissions, and all parties on the Commission's official service list in this proceeding.
Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Section 385.211 of the Commission's Rules and Regulations. All such protests must be filed in accordance with Section 154.210 of the Commission's Regulations. 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 proceedings. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at
Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
The Commission's rules of practice and procedure require all interveners filing documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervener files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency.
k.
l. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at
m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission.
n. Comments, Protests, or Motions to Intervene—Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of rules of practice and procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application.
o. Filing and Service of Responsive Documents—Any filings must bear in all capital letters the title “COMMENTS”, “NOTICE OF INTENT TO FILE COMPETING APPLICATION”, “COMPETING APPLICATION”, “PROTEST”, or “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing an original and eight copies to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. An additional copy must be sent to Director, Division of Hydropower Administration and Compliance, Federal Energy Regulatory Commission, at the above-mentioned address. A copy of any notice of intent, competing application or motion to intervene must also be served upon each representative of the Applicant specified in the particular application.
Comments, protests and interventions may be filed electronically via the Internet in lieu of paper;
p. Agency Comments—Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives.
Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection:
a.
b.
c.
d.
e.
f.
g.
h.
i.
The Commission's rules of practice and procedure require all interveners filing documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervener files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency.
j.
k. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at
l. Competing Preliminary Permit—Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application (
m. Competing Development Application—Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specified comment date for the particular application, either a competing development application or a notice of intent to file such an application. Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30(b) and 4.36.
n. Notice of Intent—A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit, if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice.
o. Proposed Scope of Studies under Permit—A preliminary permit, if issued, does not authorize construction. The term of the proposed preliminary permit would be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts. Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project.
p. Comments, Protests, or Motions to Intervene—Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of rules of practice and procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application.
q. Filing and Service of Responsive Documents—Any filings must bear in all capital letters the title “COMMENTS”, “NOTICE OF INTENT TO FILE COMPETING APPLICATION”, “COMPETING APPLICATION”, “PROTEST”, or “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing an original and eight copies to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. An additional copy must be sent to Director, Division of Hydropower Administration and Compliance, Federal Energy Regulatory Commission, at the above-mentioned address. A copy of any notice of intent, competing application or motion to intervene must also be served upon each representative of the Applicant specified in the particular application.
Comments, protests and interventions may be filed electronically via the Internet in lieu of paper;
r. Agency Comments—Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives.
Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection:
a.
b.
c.
d.
e.
f.
g.
h.
i.
The Commission's rules of practice and procedure require all interveners filing documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervener files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency.
j.
k. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at
l. Competing Preliminary Permit—Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application (
m. Competing Development Application—Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specified comment date for the particular application, either a competing development application or a notice of intent to file such an application. Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30(b) and 4.36.
n. Notice of Intent—A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit, if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice.
o. Proposed Scope of Studies under Permit—A preliminary permit, if issued, does not authorize construction. The term of the proposed preliminary permit would be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts. Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project.
p. Comments, Protests, or Motions to Intervene—Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of rules of practice and procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application.
q. Filing and Service of Responsive Documents—Any filings must bear in all capital letters the title “COMMENTS”, “NOTICE OF INTENT TO FILE COMPETING APPLICATION”, “COMPETING APPLICATION”, “PROTEST”, or “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing an original and eight copies to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. An additional copy must be sent to Director, Division of Hydropower Administration and Compliance, Federal Energy Regulatory Commission, at the above-mentioned address. A copy of any notice of intent, competing application or motion to intervene must also be served upon each representative of the Applicant specified in the particular application.
Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper;
r. Agency Comments—Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives.
Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection:
a.
b.
c.
d.
e.
f.
g.
h.
i. Deadline for filing comments, protests, and motions to intervene: 60 days from the issuance date of this notice.
The Commission's rules of practice and procedure require all interveners filing documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervener files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency.
j.
k. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at
l. Competing Preliminary Permit—Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application (
m. Competing Development Application—Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specified comment date for the particular application, either a competing development application or a notice of intent to file such an application. Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30(b) and 4.36.
n. Notice of Intent—A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit, if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice.
o. Proposed Scope of Studies under Permit—A preliminary permit, if issued, does not authorize construction. The term of the proposed preliminary permit would be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts. Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project.
p. Comments, Protests, or Motions to Intervene—Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application.
q. Filing and Service of Responsive Documents—Any filings must bear in all capital letters the title “COMMENTS”, “NOTICE OF INTENT TO FILE COMPETING APPLICATION”, “COMPETING APPLICATION”, “PROTEST”, or “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing an original and eight copies to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. An additional copy must be sent to Director, Division of Hydropower Administration and Compliance, Federal Energy Regulatory Commission, at the above-mentioned address. A copy of any notice of intent, competing application or motion to intervene must also be served upon each representative of the Applicant specified in the particular application.
Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper;
r. Agency Comments—Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives.
Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection:
a.
b.
c.
d.
e.
f.
g.
h.
i.
The Commission's rules of practice and procedure require all interveners filing documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervener files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency.
j.
k. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at
l. Competing Preliminary Permit—Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application (
m. Competing Development Application—Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specified comment date for the particular application, either a competing development application or a notice of intent to file such an application. Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30(b) and 4.36.
n. Notice of Intent—A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit, if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice.
o. Proposed Scope of Studies under Permit—A preliminary permit, if issued, does not authorize construction. The term of the proposed preliminary permit would be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts. Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project.
p. Comments, Protests, or Motions to Intervene—Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application.
q. Filing and Service of Responsive Documents—Any filings must bear in all capital letters the title “COMMENTS”, “NOTICE OF INTENT TO FILE COMPETING APPLICATION”, “COMPETING APPLICATION”, “PROTEST”, or “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing an original and eight copies to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. An additional copy must be sent to Director, Division of Hydropower Administration and Compliance, Federal Energy Regulatory Commission, at the above-mentioned address. A copy of any notice of intent, competing application or motion to intervene must also be served upon each representative of the Applicant specified in the particular application.
Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper;
r. Agency Comments—Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives.
Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection:
a.
b.
c.
d.
e.
f.
g.
h.
i.
The Commission's rules of practice and procedure require all interveners filing documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervener files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they
j.
k. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at
l. Competing Preliminary Permit—Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application (
m. Competing Development Application—Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specified comment date for the particular application, either a competing development application or a notice of intent to file such an application. Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30(b) and 4.36.
n. Notice of Intent—A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit, if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice.
o. Proposed Scope of Studies under Permit—A preliminary permit, if issued, does not authorize construction. The term of the proposed preliminary permit would be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts. Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project.
p. Comments, Protests, or Motions to Intervene—Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application.
q. Filing and Service of Responsive Documents—Any filings must bear in all capital letters the title “COMMENTS”, “NOTICE OF INTENT TO FILE COMPETING APPLICATION”, “COMPETING APPLICATION”, “PROTEST”, or “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing an original eight copies to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. An additional copy must be sent to Director, Division of Hydropower Administration and Compliance, Federal Energy Regulatory Commission, at the above-mentioned address. A copy of any notice of intent, competing application or motion to intervene must also be served upon each representative of the Applicant specified in the particular application.
Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper;
r. Agency Comments—Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives.
Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection:
a.
b.
c.
d.
e.
f.
g.
h.
i. Deadline for filing comments, protests, and motions to intervene: 60 days from the issuance date of this notice.
The Commission's rules of practice and Procedure require all interveners filing documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervener files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities
j.
k. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at
l. Competing Preliminary Permit—Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application (
m. Competing Development Application—Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specified comment date for the particular application, either a competing development application or a notice of intent to file such an application. Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30(b) and 4.36.
n. Notice of Intent—A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit, if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice.
o. Proposed Scope of Studies under Permit—A preliminary permit, if issued, does not authorize construction. The term of the proposed preliminary permit would be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts. Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project.
p. Comments, Protests, or Motions to Intervene—Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application.
q. Filing and Service of Responsive Documents—Any filings must bear in all capital letters the title “COMMENTS”, “NOTICE OF INTENT TO FILE COMPETING APPLICATION”, “COMPETING APPLICATION”, “PROTEST”, or “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing an original and eight copies to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. An additional copy must be sent to Director, Division of Hydropower Administration and Compliance, Federal Energy Regulatory Commission, at the above-mentioned address. A copy of any notice of intent, competing application or motion to intervene must also be served upon each representative of the Applicant specified in the particular application.
Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper;
r. Agency Comments—Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives.
Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
The Commission's rules of practice and procedure require all interveners filing documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervener
k.
l. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at
l. Competing Preliminary Permit—Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application (
m. Competing Development Application—Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specified comment date for the particular application, either a competing development application or a notice of intent to file such an application. Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30(b) and 4.36.
n. Notice of Intent—A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit, if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice.
o. Proposed Scope of Studies under Permit—A preliminary permit, if issued, does not authorize construction. The term of the proposed preliminary permit would be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts. Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project.
p. Comments, Protests, or Motions to Intervene—Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application.
q. Filing and Service of Responsive Documents—Any filings must bear in all capital letters the title “COMMENTS”, “NOTICE OF INTENT TO FILE COMPETING APPLICATION”, “COMPETING APPLICATION”, “PROTEST”, or “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing an original and eight copies to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. An additional copy must be sent to Director, Division of Hydropower Administration and Compliance, Federal Energy Regulatory Commission, at the above-mentioned address. A copy of any notice of intent, competing application or motion to intervene must also be served upon each representative of the Applicant specified in the particular application.
Comments, protests and interventions may be filed electronically via the Internet in lieu of paper;
r. Agency Comments—Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives.
a.
b.
c.
d.
e.
f.
g.
h.
i.
j. Deadline for filing comments, motions to intervene or protests: March 21, 2003.
The Commission's rules of practice and procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person whose name appears on the official service list for the project. Further, if an intervenor files comments or documents with the Commission
k.
l.
m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission.
Comments, Protests, or Motions to Intervene—Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application.
Filing and Service of Responsive Documents—Any filings must bear in all capital letters the title “COMMENTS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing an original and eight copies to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application.
Comments, protests and interventions may be filed electronically via the Internet in lieu of paper.
Agency Comments—Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives.
Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper;
The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person whose name appears on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency.
l. PacifiCorp filed an application to surrender its minor license for the American Fork Hydroelectric Project. PacifiCorp proposes to continue operation of the project through August 2006, at which time they will begin the project's decommissioning, with completion by December 31, 2007. PacifiCorp proposes to do the following: (1) Demolish, remove, and dispose of the existing concrete diversion dam, Tainter gates, hoists and steel structures, trash racks, and control building; (2) repair the powerhouse structure and retaining wall for the protection of the powerhouse for conveyance to the U.S. Government; (3) remove the spillway, transformer pad, tender's house, garage; (4) reconstruct the stream channel as necessary; (5) remove exposed sections of the penstock and support structures; (6) re-vegetate and/or re-habilitate disturbed areas.
m. A copy of the application is on file with the Commission and is available for public inspection. This filing may also be viewed on the web at
n. With this notice, we are initiating consultation with the State Historic Preservation Officer as required by § 106, National Historic Preservation Act, and the regulations of the Advisory Council on Historic Preservation, 36 CFR 800.4.
o. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission.
Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application.
Any filings must bear in all capital letters the title “COMMENTS,” “PROTEST,” or “MOTION TO INTERVENE,” as applicable, and the Project Number of the particular application to which the filing refers. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application.
Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives.
Western Area Power Administration, DOE.
Notice of proposed base charge and rates adjustment.
The Western Area Power Administration (Western) is proposing an adjustment to the Boulder Canyon Project (BCP) firm power base charge and rates. The current base charge and rates expire September 30, 2003. The current base charge is not sufficient to pay all annual costs including operation, maintenance, replacement, and interest expenses, and to repay investment obligations within the required period. The proposed base charge will provide sufficient revenue to pay all annual costs, including operation, maintenance, replacement, and interest expenses, and to repay investment obligations within the allowable period. A detailed rate package that identifies the reasons for the base charge and rates adjustment will be available in April 2003. The proposed base charge and rates are scheduled to become effective on October 1, 2003, the beginning of Federal fiscal year (FY) 2004, and will remain in effect through September 30, 2004. This
The consultation and comment period will begin today and will end May 28, 2003. Western representatives will explain the proposed base charge and rates at a public information forum on April 1, 2003, beginning at 10:30 a.m. MST, in Phoenix, AZ. Interested parties can provide oral and written comments at a public comment forum on April 23, 2003, beginning at 10:30 a.m. MST, at the same location.
The meetings will be held at the Desert Southwest Customer Service Regional Office, located at 615 South 43rd Avenue, Phoenix, Arizona. Please send comments to: Mr. J. Tyler Carlson, Regional Manager, Desert Southwest Customer Service Region, Western Area Power Administration, P.O. Box 6457, Phoenix, AZ 85005-6457, e-mail
Mr. Jack Murray, Rates Team Lead, Desert Southwest Customer Service Region, Western Area Power Administration, P.O. Box 6457, Phoenix, AZ 85005-6457, telephone (602) 352-2442, e-mail
The proposed base charge and rates for BCP firm power service are designed to recover an annual revenue requirement that includes the investment repayment, interest, operation and maintenance, replacements, payment to states, visitor services, and uprating payments. These annual costs are reduced by the projected revenue from water sales, visitor services, water pump energy sales, facility use charges, regulation services, miscellaneous leases, and late fees. The projected annual revenue requirement is the base charge for firm power service and is divided equally between capacity dollars and energy dollars. Annual energy dollars are divided by annual energy sales, and annual capacity dollars are divided by annual capacity sales to determine the proposed energy rate and the proposed capacity rate.
The Deputy Secretary of the Department of Energy (DOE) approved the existing rate formula for calculating the base charge and rates in Rate Schedule BCP-F6 for BCP firm power service on September 18, 2000, (Rate Order No. WAPA-94, October 13, 2000). The Federal Energy Regulatory Commission (FERC) confirmed and approved the rate formula on a final basis in Docket No. EF00-5092-000 issued July 31, 2001. Rate Schedule BCP-F6 became effective on October 1, 2000, for the period ending September 30, 2005. Under Rate Schedule BCP-F6, for FY 2003, the base charge is $50,761,729, the forecasted energy rate is 5.58 mills per kilowatt-hour (mills/kWh) and the forecasted capacity rate is $1.08 per kilowatt month (kWmonth). The composite rate is 11.16 mills/kWh.
The FY 2004 proposed base charge is $53,284,854, the forecasted energy rate is 5.92 mills/kWh, and the forecasted capacity rate is $1.14/kWmonth. The proposed composite rate is 11.84 mills/kWh. This is approximately a 6-percent increase from the current composite rate. The proposed base charge and rates are based on the FY 2003 operating plan for Western and the Bureau of Reclamation (Reclamation), and also account for the lower revenue level due to restriction of public tours at Hoover Dam following the September 11, 2001 terrorist attack in the United States. The following table compares the current and proposed base charge and rates.
The increase in the base charge and rates results from higher annual costs in operation and maintenance and lower revenue projections for the visitor center.
Western will hold both a public information forum and a public comment forum. After considering comments, Western will recommend the proposed base charge and rates for final approval by the DOE Deputy Secretary.
The proposed firm power service base charge and rates for BCP are being established pursuant to the DOE Organization Act, 42 U.S.C. 7101-7352; the Reclamation Act of 1902, ch. 1093, 32 Stat. 388, as amended and supplemented by subsequent enactments, particularly section 9(c) of the Reclamation Project Act of 1939, 43 U.S.C. 485h(c); and other acts specifically applicable to the project involved.
Interested parties may review and copy all brochures, studies, comments, letters, memorandums, or other documents made or kept by Western for developing the proposed base charge and rates. These documents are at the Desert Southwest Customer Service Regional Office, located at 615 South 43rd Avenue, Phoenix, Arizona.
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601,
In compliance with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321,
Western has an exemption from centralized regulatory review under Executive Order 12866; therefore, this notice requires no clearance by the Office of Management and Budget.
Western has determined that this rule is exempt from congressional notification requirements under 5 U.S.C. 801 because the action is a rulemaking of particular applicability relating to rates or services and involves matters of procedure.
Environmental Protection Agency.
Notice.
The Environmental Protection Agency (EPA) established the Clean Air Act Advisory Committee (CAAAC) on November 19, 1990, to provide independent advice and counsel to EPA on policy issues associated with implementation of the Clean Air Act of 1990. The Committee advises on economic, environmental, technical scientific, and enforcement policy issues.
For further information concerning this meeting of the full CAAAC, please contact Paul Rasmussen, Office of Air and Radiation, US EPA (202) 564-1306, FAX (202) 564-1352 or by mail at US EPA, Office of Air and Radiation (Mail code 6102 A), 1200 Pennsylvania Avenue, NW., Washington DC 20004. For information on the Subcommittee
Federal Communications Commission.
Notice.
This document announces an auction filing window for certain FM translator station construction permit applications and a freeze on the acceptance of FM translator and FM booster minor change and FM booster new construction permit applications from February 8 to March 14, 2003.
The filing window will open on March 10, 2003, and close on March 14, 2003.
James Bradshaw or Lisa Scanlan, Audio Division, Media Bureau at (202) 418-2700; Auction Technical Support at (202) 414-1250.
This is a summary of a Public Notice released February 6, 2003. The complete text of the Public Notice, including four attachments providing guidelines for electronic application filing, is available for inspection and copying during normal business hours in the FCC Reference Information Center (Room CY-A257), 445 12th Street, SW., Washington, DC. It may also be purchased from the Commission's copy contractor, Qualex International, 445 12th Street, SW., Room CY-B402, Washington, DC 20554, (202) 863-2898. It is also available on the Commission's Web site at
The Media Bureau (“MB”) and the Wireless Telecommunications Bureau (“WTB”) announce an auction filing window for certain FM translator station construction permit applications. The filing window will open on March 10, 2003, and close on March 14, 2003. In connection with this window, MB also announces that it will not accept FM translator and FM booster minor change construction permit applications and FM booster new construction permit applications between February 8, 2003, and March 14, 2003.
The window is available for non-reserved band (channels 221 to 300) proposals for new FM translator stations and major modifications to authorized FM translator facilities. (See “Implementation of section 309(j) of the Communications Act—Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses,” First Report and Order, 63 FR 48615, September 11, 1998. A window open for proposals in the non-reserved band provides a filing opportunity for both noncommercial educational (“NCE”) and commercial FM translator applicants. See 47 CFR 74.1202(b)).
The Commission also will consider those FM translator station new and major modification applications that were received on or before November 26, 1997, but for which no “A” cut-off list had been released by that date (“Frozen FM Translator Applications”). Also on file are a number of FM translator station new and major modification applications filed after November 26, 1997, with “freeze waiver” requests (“Freeze Waiver Applications”). These applicants also may participate in the filing window. Freeze Waiver Applications must protect all minor change applications filed on or before February 7, 2003, in order to be considered in the upcoming window, the same requirement that will apply generally to new FM translator station and major change proposals submitted for the first time in the filing window.
MB will institute a temporary freeze on the acceptance of minor change FM translator applications on all channels (channels 201-300) at 12:01 a.m. Eastern Time (“ET”), February 8, 2003. The freeze shall remain in effect until the close of the window. Minor change applications filed during this freeze will be dismissed.
• If Form 349 IS NOT on file: File electronically FCC Form 349, Application for Authority to Construct or Make Changes in an FM Translator or FM Booster Station, between 12:01 a.m. ET, March 8, 2003 and 6 p.m. ET, March 14, 2003.
• If an FCC Form 349 Frozen FM Translator Application or Freeze Waiver Application IS currently on file: The applicant should confirm that the information on file is accurate and complete.
• If no changes in the previously filed Form 349 applications are necessary, the applicant must only file Form 175. The Form 175 must include the file number of all previously filed Form 349 applications.
• If any information in a Frozen FM Translator Application or Freeze Waiver Application is no longer accurate and complete, the applicant must file a new Form 349 application electronically, completing Section I, the Tech Box of Section III-A, and the Section VI Certification.
• File electronically an FCC Form 175 by 6 p.m. ET March 14, 2003.
• Comply with all provisions outlined in the Public Notice and applicable rules of the Commission.
An applicant's failure to reference a pending Form 349 application on its Form 175 will result in the dismissal of that Form 349 application. No consideration will be given any proposal for which the required engineering information is not on file by the close of the window. No application filing fee is required at this time.
MB and WTB will issue a public notice identifying mutually exclusive applications received during the window. This public notice will also specify a settlement period for resolving application mutual exclusivity. Technical amendments submitted by applicants to resolve conflicts must be
Federal Election Commission.
Tuesday, March 4, 2003 at 10 a.m.
999 E Street, NW., Washington, DC.
This meeting will be closed to the public.
Compliance matters pursuant to 2 U.S.C. 437g.
Audits conducted pursuant to 2 U.S.C. 437g, 438(b), and Title 26, U.S.C.
Matters concerning participation in civil actions or proceedings or arbitration.
Internal personnel rules and procedures or matters affecting a particular employee.
Thursday, March 6, 2003 at 10 a.m.
999 E Street, NW., Washington, DC (Ninth Floor).
This meeting will be open to the public.
Correction and Approval of Minutes.
Draft Advisory Opinion 2003-01—NORPAC by Mitchell J. Eichen, Treasurer.
Administrative Matters.
Mr. Ron Harris, Press Officer, Telephone: (202) 694-1220.
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
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/.
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 March 24, 2003.
In connection with this application, First California Southern Bancorp, San Diego, California; has applied to become a bank holding company by acquiring 51 percent of the voting shares of First International Bank, Chula Vista, California.
Board of Governors of the Federal Reserve System, February 21, 2003.
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
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/.
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 March 13, 2003.
Board of Governors of the Federal Reserve System, February 21, 2003.
Federal Trade Commission.
Proposed Consent Agreement.
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint that accompanies the consent agreement and the terms of the consent order—embodied in the consent agreement—that would settle these allegations.
Comments must be received on or before March 24, 2003.
Comments filed in paper form should be directed to: FTC/Office of the Secretary, Room 159-H, 600 Pennsylvania Avenue, NW., Washington, DC 20580. Comments filed in electronic form should be directed to:
Michael Cowie or Jackie Mendel, FTC, Bureau of Competition, 600 Pennsylvania Avenue, NW., Washington, DC 20580, (202) 326-2214 or 326-2603.
Pursuant to Section 6(f) of the Federal Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46(f), and Section 2.34 of the Commission's Rules of Practice, 16 CFR 2.34, notice is hereby given that the above-captioned consent agreement containing a consent order to cease and desist, having been filed with and accepted, subject to final approval, by the Commission, has been placed on the public record for a period of thirty (30) days. The following Analysis to Aid Public Comment describes the terms of the consent agreement, and the allegations in the complaint. An electronic copy of the full text of the consent agreement package can be obtained from the FTC Home Page (for February 21, 2003), on the World Wide Web, at
Public comments are invited, and may be filed with the Commission in either paper or electronic form. Comments filed in paper form should be directed to: FTC/Office of the Secretary, Room 159-H, 600 Pennsylvania Avenue, NW., Washington, DC 20580. If a comment contains nonpublic information, it must be filed in paper form, and the first page of the document must be clearly labeled “confidential.” Comments that do not contain any nonpublic information may instead be filed in electronic form (in ASCII format, WordPerfect, or Microsoft Word) as part of or as an attachment to email messages directed to the following email box:
The Federal Trade Commission (“Commission”) has accepted, subject to final approval, an Agreement Containing Consent Order (“Consent Agreement”) from Quest Diagnostics Incorporated (“Quest”) and Unilab Corporation (“Unilab”) (collectively “Respondents”). The Consent Agreement is designed to remedy the anticompetitive effects resulting from Quest's proposed acquisition of Unilab. The Consent Agreement includes a proposed Decision and Order (the “Order”), which would require the Respondents to divest to Laboratory Corporation of America (“LabCorp”) assets used to provide clinical laboratory testing services to physician groups in Northern California.
The Consent Agreement has been placed on the public record for thirty (30) days for receipt of comments by interested persons. Comments received during this period will become part of the public record. After thirty (30) days, the Commission will again review the Consent Agreement and the comments received, and will decide whether it should withdraw from the proposed Consent Agreement or make it final.
Pursuant to an Agreement and Plan of Merger dated April 2, 2002 (“Merger Agreement”), Quest proposes to acquire all of the issued and outstanding voting securities of Unilab in exchange for cash, stock of Quest, or a combination of cash and stock of Quest. The value of the transaction was approximately $877 million at the time the Merger Agreement was announced. On January 4, 2003, Quest and Unilab agreed to amend the Merger Agreement to extend the termination date and to reduce the purchase price for the overall transaction by approximately $60 million. The Commission's complaint alleges that the proposed acquisition, if consummated, would violate Section 7 of the Clayton Act, as amended, 15 U.S.C. 18, and Section 5 of the Federal Trade Commission Act, as amended, 15 U.S.C. 45, in the market for providing clinical laboratory testing services to physician groups in Northern California.
Headquartered in Teterboro, New Jersey, Quest is the largest supplier of clinical laboratory testing services in the United States, with a nationwide network of 30 full-service laboratories located in major metropolitan areas throughout the United States, approximately 100 smaller “stat,” or rapid response, laboratories, and approximately 1,350 patient service centers (“PSCs”). Quest had sales of approximately $4.1 billion in 2002. Quest's operations in Northern California consist of a full-service testing laboratory located in Dublin, California, 5 stat labs, and approximately 76 PSCs.
Unilab, headquartered in Tarzana, California, is the largest supplier of clinical laboratory testing services in California. Unilab had sales of approximately $390 million in 2001. It operates 3 full-service laboratories, located in Los Angeles, San Jose, and Sacramento; 39 stat laboratories; and approximately 386 PSCs. About 23 of the stat labs and 230 of the PSCs are located in Northern California.
Clinical laboratory testing services (“Laboratory Services”) are a critical element in the delivery of quality health care in the United States. Clinical laboratory tests are used to detect and analyze the presence, concentrations or composition of chemical, biological or cellular components in human body fluids and tissue in order to help physicians diagnose, monitor, and treat their patients' health conditions. They include thousands of individual test procedures in the areas of hematology, blood chemistry, urine chemistry, endocrinology, and microbiology, among others. Examples of commonly ordered tests include red and white blood cell counts, blood chemistry panels, urinalyses, microbiology cultures, HIV screening tests, and
Delivery of health care in California is distinguished by high penetration by managed health care. Under the managed care model prevalent in the state, health plans often delegate the financial risk for providing primary, specialty, and ancillary medical services to physician groups, such as independent practice associations and medical groups, under a capitated arrangement, pursuant to which the physician group receives a prospective payment to care for the enrollees of the health plan. That is, rather than receive payments for each service provided by the physician group, the physician group receives a per member per month (“PMPM”) payment designed to cover the expected costs of care by the physicians. The physicians then bear the risk of whether the capitation payments will cover the actual costs of care—including, in many cases, the cost of providing Laboratory Services.
Physician groups in Northern California that assume the financial risk for Laboratory Services under this California delegated model constitute a significant category of purchasers of Laboratory Services. Generally, these physician groups pursue exclusive or semi-exclusive contracts with laboratories to purchase such services, most often under a capitated arrangement in which the physician group pays a set amount (PMPM) to the laboratory to perform Laboratory Services for the physician group's patients who are affiliated with pre-paid health plans.
In general, three types of providers may perform clinical laboratory testing: independent clinical laboratories, such as Quest and Unilab; hospital-affiliated laboratories; and physician office laboratories. While individual physicians can perform a limited number of relatively simple diagnostic tests in their own offices, this testing is not a substitute for the clinical testing performed in a laboratory. Physician groups require that a clinical laboratory offer, among other things, a comprehensive menu of routine and esoteric tests; stat testing capabilities; and an extensive field collection and distribution system that includes conveniently located patient service centers and courier networks.
Hospital laboratories that supply physician groups in Northern California are treated as market participants in the proposed complaint. Most acute-care hospitals maintain on-site laboratories to provide quick-response testing for patients in the hospital. In addition, many hospital laboratories have established outreach programs to obtain additional business by providing outpatient Laboratory Services to physicians in the communities surrounding the hospitals. In some instances, hospital laboratory outreach programs in Northern California supply Laboratory Services under capitated arrangements to physician groups. Hospital laboratories have been most successful when competing to supply physician groups that are affiliated with the hospital and whose physicians are located in medical buildings on or near the hospital campus.
The proposed complaint alleges that the relevant market does not include physician office laboratories. Some medical groups operate laboratories that perform many stat and routine tests exclusively for doctors in the medical group. Physician groups do not view these physician office laboratories as viable substitute suppliers of Laboratory Services, because these laboratories do not offer the array of tests, capabilities, and services that are offered by independent clinical laboratories, including convenient patient access through PSCs. Furthermore, physician groups that do not have their own clinical laboratories are unlikely to develop such capabilities, even in the event of a significant increase in the price of Laboratory Services.
The draft complaint alleges that the relevant section of the country (
Quest and Unilab are the two leading providers of Laboratory Services to physician groups in Northern California, based on the total patient lives covered under physician group capitated contracts. If the proposed merger were to be consummated, Quest would have a market share of more than 70 percent. Quest's next largest competitor in the relevant market is a hospital laboratory that would have a market share of about 4 percent. The proposed acquisition would increase concentration in the relevant market by more than 1,500 points to a Herfindahl-Hirschman Index level above 5,300.
Quest and Unilab compete vigorously against each other for contracts to supply Laboratory Services to physician groups, and this competition has benefitted customers in Northern California. Many physician groups in Northern California regard Quest and Unilab to be the closest competitors bidding for their Laboratory Services business in terms of both price and service offerings. The proposed acquisition would thus allow the combined firm to exercise market power unilaterally by eliminating competition between the two largest, and frequently lowest-cost, providers of Laboratory Services to physician groups in Northern California. As a result, the proposed acquisition would increase the likelihood that physician groups in Northern California would be forced to pay higher prices for Laboratory Services.
Substantial and effective expansion by smaller competitors, as well as new entry, sufficient to deter or counteract the anticompetitive effects of the proposed acquisition in the market for providing Laboratory Services to physician groups in Northern California, is unlikely. Expansion by hospital laboratories or small independent clinical laboratories located in Northern California is unlikely to be sufficient to avert the anticompetitive effects from the merger. In general, large regional and national independent clinical laboratory companies like Unilab and Quest enjoy significant cost advantages over hospital laboratories and small independent clinical laboratories. As a result, the large independent laboratories are able more effectively to compete for and service price-sensitive customers such as physician groups seeking services under capitated arrangements.
It is also unlikely that new independent clinical laboratories will enter the relevant market. There are
The risk for an entrant would be further increased because “pull-through” business is an important determinant of the profitability of capitated contracts. Physician groups that participate in capitated plans for some of their customers also frequently participate in fee-for-service plans for other customers. Under fee-for-service plans, physicians are paid for each procedure. When Laboratory Services are needed for a patient with a fee-for-service plan, the health plan pays the laboratory directly but the physician chooses which laboratory covered by the plan will be used. The Laboratory Services provider for the capitated business of a physician group frequently has a significant advantage in winning a substantial amount of the “pull-through” fee-for-service business of the group, because physicians are familiar with the laboratory and it is easier to deal with one laboratory for all patients. Laboratory Services providers take into account the potential for pull-through business when determining their bids for capitated contracts. A new entrant to an area would not have a reputation or relationships with the physicians in the group and thus may have difficulty achieving similar pull-through rates as incumbent firms. As a result, because a new entrant would be cost-disadvantaged in competing against independent clinical labs that already have an existing infrastructure, it would be unlikely to secure capitated contracts with physician groups at pre-merger price levels.
The proposed Order effectively remedies the Commission's competitive concerns about the proposed acquisition by requiring the companies to divest Laboratory Services assets in Northern California to LabCorp, including 46 PSCs; 5 stat laboratories; all of Quest's, and one of Unilab's, capitated contracts with physician groups; and all related assets necessary for the provision of Laboratory Services to physician groups, including customer lists and information. With these assets and LabCorp's experience as a provider of Laboratory Services in Southern California and elsewhere in the United States, LabCorp will be able to replicate Quest's operations, thus replacing the competition that would be lost as a result of the proposed acquisition. The Commission required that the Respondents make all of Quest's Northern California outpatient Laboratory Services business available to prospective buyers but has approved LabCorp's proposed acquisition of a smaller package of assets because LabCorp will be able to replicate the competition that Quest represents today with the smaller package of assets. As a result, after the divestiture, competition in the market for providing Laboratory Services to physician groups in Northern California will remain virtually unchanged by the proposed acquisition. Furthermore, the proposed Order includes measures designed to help ensure an effective transition of the divested assets to LabCorp.
LabCorp is a well-positioned acquirer of the divested assets for several reasons. As the second largest provider of Laboratory Services in the United States, LabCorp offers an extensive range of more than 4,000 routine and esoteric clinical tests, as well as other services that physician groups require, such as patient encounter data and test result reporting information technology. LabCorp currently provides Laboratory Services throughout most areas of the country, but has a limited presence in Northern California, where its business consists primarily of providing clinical reference testing to hospitals and esoteric HIV-related testing. Due to its operations in Southern California, however, LabCorp has substantial experience satisfying the requirements of physician groups in California's managed care environment. Furthermore, LabCorp has the financial resources to purchase the assets and operate the business in a competitive manner.
Pursuant to the proposed Order, Quest is required to consummate its transaction with LabCorp within ten days of the date that Quest and Unilab consummate the Merger Agreement (“Acquisition Date”) and to complete the transfer of the assets to LabCorp within six months of the Acquisition Date. If Quest fails to comply with either of these obligations, the Commission may appoint a trustee to divest Quest's outpatient Laboratory Services business in Northern California or its entire Laboratory Services business in Northern California. In the event that Quest transfers some of the assets to LabCorp, but LabCorp abandons its efforts to complete the transfer of the remaining assets and the interim monitor so notifies the Commission, the Commission may require Quest to rescind the transaction with LabCorp and order Quest to divest its Northern California outpatient Laboratory Services business to a Commission-approved acquirer within six months. Should Quest fail to do so, the Commission may appoint a trustee to divest either Quest's outpatient Laboratory Services business in Northern California or its entire Laboratory Services business in Northern California. The purpose of these provisions is to assure the Commission's ability to secure an acceptable buyer—able to maintain and restore competition in the relevant market—in the event that LabCorp does not acquire the divested assets. The provisions require divestiture of a more extensive package of assets consisting of either Quest's outpatient Laboratory Services business or its entire Laboratory Services business in Northern California because a prospective buyer other than LabCorp may require additional assets to fully restore competition in the relevant market.
The proposed Order contains several provisions designed to ensure that the divestiture is successful. The proposed Order requires Quest to maintain the viability, marketability, and competitiveness of its Laboratory Services business assets in Northern California pending transfer of the divested assets. It also requires Quest to provide transitional services that the acquirer of the divested assets may need until the assets are completely divested and transferred. The proposed Order also prohibits Quest from interfering with the employment of any employees relating to the divested assets by the acquirer and requires Quest to provide incentives to certain employees to continue in their positions until the divestiture and to accept employment with the acquirer. For a period of one year following the date that the transfer of the divested assets is accomplished, Quest is prohibited from soliciting any employees of Quest or Unilab that accept offers of employment from the acquirer of the divested assets. Additionally, the proposed Order
Pursuant to the terms of the proposed Order, the Commission has approved the appointment of Bruce K. Farley as an interim monitor trustee to ensure that Quest expeditiously transfers the divested assets and complies with its obligations under the proposed Order. Mr. Farley has over 13 years of experience in the Laboratory Services industry. In addition, he has significant experience supervising the integration of business operations subsequent to mergers and acquisitions.
Finally, in order to ensure that the Commission remains informed about the status of Quest's clinical laboratory testing business in Northern California pending divestiture, and about efforts being made to accomplish the transfer of the divested assets, the proposed Order requires Quest to report to the Commission within 30 days, and every 30 days thereafter until the divestiture is fully accomplished. In addition, Quest is required to report to the Commission every six months regarding its confidentiality obligations, as well as its obligations regarding non-solicitation of employees of the acquirer of the divested assets.
The purpose of this analysis is to facilitate public comment on the Consent Agreement, and it is not intended to constitute an official interpretation of the Consent Agreement or proposed Order or to modify the terms of the Consent Agreement or proposed Order in any way.
By direction of the Commission.
In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 for opportunity for public comment on proposed data collection projects, the Centers for Disease Control and Prevention (CDC) will publish periodic summaries of proposed projects. To request more information on the proposed projects or to obtain a copy of the data collection plans and instruments, call the CDC Reports Clearance Officer on (404) 498-1210.
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 to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Send comments to Anne O'Connor, CDC Assistant Reports Clearance Officer, 1600 Clifton Road, MS-D24, Atlanta, GA 30333. Written comments should be received within 60 days of this notice.
Cardiovascular disease (CVD) and depression represent health problems of staggering proportion for the United States. An estimated 60 million Americans, over half of whom are younger than 65 years of age, currently have some form of CVD and nearly 20% of all Americans will experience at least one episode of major depression during their lifetimes. In economic terms, the total yearly costs of CVD and depression in the United States have been estimated at $327 billion and $43 billion, respectively.
In addition to being common and costly health problems, CVD and depression co-morbidity is frequent and recent studies have shown increased cardiovascular morbidity and mortality in depressed patients, implicating depression as a potential independent risk factor for CVD. Understanding the causes and etiologic relationships between these two illnesses represents a major challenge for public health researchers.
In addition to traditionally recognized risk factors, occupational factors appear to play a role in the etiology of both CVD and depression. For example, studies of occupational groups have shown markedly different rates of CVD and depression that are too large to be explained by known risk factors alone, and it is generally inferred that chemical, physical and/or work organizational exposures must be involved. While of relatively recent origins, the term “work organization” has evolved to serve as a rubric that encompasses diverse workplace exposures (often called job stressors) such as psychological demands, limited job control, work role demands and shift-work. There is considerable evidence that such factors play a role in the etiology of both CVD and depression, but design and sample size limitations of existing studies make it difficult to establish a causal association and make specific public health recommendations.
This proposed study will examine the relationships between specific job stressors, CVD and depression. To overcome the limitations of previous studies, we are proposing a five-year prospective study with a population of 20,000 workers, half of them women. Workers will be identified through 20 large businesses sampled from the four geographic Census regions of the U.S. Different types of businesses will be sampled in order to incorporate diverse types of jobs and work. Specific job stressors, perceived non-work stressors and general risk factors for CVD and depression will be assessed. To ascertain exposures and outcomes, the study will rely on employee medical records, blood samples, and both self-reports and work-site assessments of job conditions. Several instruments to evaluate the work environment will be used, including the NIOSH Generic Job Stress Questionnaire, which assess a variety of job stressors, as well as other relevant aspects of the work environment.
This request is for three years of the five-year proposed data collection with a total of 57,646 burden hours, and an estimated annualized burden of 19,215 hours. There is no cost to respondents.
In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 for opportunity for public comment on proposed data collection projects, the Centers for Disease Control and Prevention (CDC) will publish periodic summaries of proposed projects. To request more information on the proposed projects or to obtain a copy of the data collection plans and instruments, call the CDC Reports Clearance Officer on (404)498-1210.
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 to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Send comments to Anne O'Connor, CDC Assistant Reports Clearance Officer, 1600 Clifton Road, MS-D24, Atlanta, GA 30333. Written comments should be received within 60 days of this notice.
CDC proposes to continue data collection for congenital syphilis case investigations under the “Congenital Syphilis Case Investigation and Report Form” (CDC73.126 REV 11-98); this form is currently approved under OMB No. 0920-0128. This request is for a 3-year extension of clearance. Reducing congenital syphilis is a national objective in the DHHS Report entitled
Respondent burden is approximately 15 minutes per reported case. The estimated annual number of cases expected to be reported using the current case definition is 500 or less. Therefore, the total number of hours for congenital syphilis reporting required will be approximately 130 hours per year. There is no cost to respondents except their time.
In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 for opportunity for public comment on proposed data collection projects, the Centers for Disease Control and Prevention (CDC) will publish periodic summaries of proposed projects. To request more information on the proposed projects or to obtain a copy of the data collection plans and instruments, call the CDC Reports Clearance Officer on (404) 498-1210.
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 to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Send comments to Anne O'Connor, CDC Assistant Reports Clearance Officer, 1600 Clifton Road, MS-D24, Atlanta, GA 30333. Written comments should be received within 60 days of this notice.
The Centers for Disease Control and Prevention (CDC) and the Department of Housing and Urban Development (HUD) propose to study the effects of housing for homeless or unstably housed persons on the transmission of HIV and the health of persons living with HIV. Results from the study will be used by policy makers to better understand the types of housing and other affiliated services most likely to reduce HIV transmission and disease progression in the homeless population.
The population to be studied will be drawn from persons living with HIV/AIDS who are seeking housing services from three communities with unmet housing needs as evidenced by a waiting list for services, or other evidence of unmet housing need, through the Housing Opportunities for Persons with AIDS (HOPWA) program. The project will be a longitudinal cohort study, following participants for 18 months. Participants will be randomized into two groups. One group will receive vouchers for housing subsidies plus a 2-session behavioral intervention; the other group will receive referral to housing resources through participating and other agencies plus the 2-session behavioral intervention. No study participants will be denied access to other housing services that are available through participating agencies or other community resources. Since all participants receive the behavioral intervention, the study technically assesses the effects of housing over and above the behavioral intervention.
A cost study will also be conducted to determine the resources needed for this approach and the cost benefits of providing housing for homeless and unstable housed people living with HIV. The purpose of the cost study is to evaluate the effects of housing afford-ability and the cost-effectiveness (
The burden for this collection is estimated to be approximately 90 minutes for the survey at baseline and at 6, 12, and 18 months after baseline and 120 minutes for the interview with HUD site service providers. Blood samples for CD4 and viral load counts will also be collected for all participants. These estimates include the time needed to determine if the respondent is eligible to be interviewed, obtain informed consent, and administer the interview.
There are no costs to respondents for participation in the survey other than their time.
In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 for opportunity for public comment on proposed data collection projects, the Centers for Disease Control and Prevention (CDC) will publish periodic summaries of proposed projects. To request more information on the proposed projects or to obtain a copy of the data collection plans and instruments, call the CDC Reports Clearance Officer on (404) 498-1210.
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)
In 2000, the Food and Drug Administration (FDA) and CDC consolidated regulations related to controlling the spread of communicable diseases. FDA formerly administered the regulations contained in part 1240 of Title 21, Code of Federal Regulations, which pertained to interstate control of communicable diseases. These regulations may now be found in part 70 of Title 42, Code of Federal Regulations.
Among the regulations in 21 CFR part 1240, FDA transferred to CDC certain sections that relate to restrictions on interstate travel of any person who is in the communicable period of cholera, plague, smallpox, typhus, or yellow fever, or who, having been exposed to any such disease, is in the incubation period thereof. One of the sections—formerly 21 CFR 1240.50 and now 42 CFR 70.5 (Certain communicable diseases; special requirements)—contains a requirement for reporting certain information to the Federal government. Specifically, this regulation requires any person who is in the communicable period of cholera, plague, smallpox, typhus or yellow fever, or who, having been exposed to any such disease, is in the incubation period thereof, to apply for and receive a permit from the Surgeon General or his authorized representative in order to travel from one State or possession to another.
Control of disease transmission within the States is considered to be the province of state and local health authorities, with federal assistance being sought by those authorities on a cooperative basis, without application of federal regulations. The regulations formerly administered by FDA and assumed by CDC were developed to facilitate Federal action in the event of large outbreaks requiring a coordinated effort involving several states, or in the event of inadequate local control. While it is not known whether, or to what extent, situations may arise in which these regulations would be invoked, contingency planning for domestic emergency preparedness is now commonplace. Should this occur, CDC will use the reporting and record-keeping requirements contained in the regulations to carry out quarantine responsibilities as required by law.
Because of the uncertainty about whether a situation will ever arise precipitating CDC's enforcement of this rule, the following data collection burden estimate was prepared using the article
Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS).
Notice.
The Centers for Disease Control and Prevention (CDC) National Immunization Program (NIP) is seeking a Cooperative Research and Development Agreement (CRADA) partner for collaboration in the development of a Vaccine Management Software (VACMAN) dynamic link library (DLL) component to interface with immunization information systems. The current DLL is compatible to VACMAN version 2.6x and will not be compatible when VACMAN is upgraded to version 3.
Because CRADAs are designed to facilitate the development of scientific and technological knowledge into useful, marketable products, a great deal of freedom is given to Federal agencies in implementing collaborative research. The CDC may accept staff, facilities, equipment, supplies, and money from the other participants in a CRADA; CDC may provide staff, facilities, equipment, and supplies to the project. CDC
The VACMAN application was developed by the CDC NIP and is used by CDC Immunization Grant programs to purchase vaccines through a Vaccine
The CDC/NIP Development Team will work with respondent to develop and promote a product that will support VACMAN connectivity with immunization information systems and other applications that might exist on different operating systems. Respondent will be given access to VACMAN 3 database specifications and business rules. Respondent will maintain the code such that it is constantly kept updated accordingly as changes in the VACMAN product occurs. CDC/NIP requires the use of the source code and free distribution rights for the object code, which may include vendors, to ensure all available products can interact with VACMAN consistently and that all Grant programs have the opportunity to integrate VACMAN with their other processes for properly managing their vaccines.
Applicant submissions will be judged according to the following criteria:
1. Evidence of expertise in software development and supporting data (
2. Specific operating systems and development languages proposed for development of the DLL.
3. Evidence of commitment for development to release to Grant programs, including vendors, the compiled components along with all appropriate documentation such as Application Program Interface documentation.
With respect to Government Intellectual Property (IP) rights to any invention not made solely by a CRADA partner's employees for which a patent or other IP application is filed, CDC has the authority to grant to the CRADA partner an exclusive option to elect an exclusive or nonexclusive commercialization license. This option does not apply to inventions conceived prior to the effective date of a CRADA that are reduced to practice under the CRADA, if prior to that reduction to practice, CDC has filed a patent application on the invention and has licensed it or offered to license it to a third party. The terms of the license will fairly reflect the nature of the invention, the relative contributions of the Parties to the invention and the CRADA, the risks incurred by the CRADA partner and the costs of subsequent research and development needed to bring the invention to the marketplace. The field of use of the license will be commensurate with the scope of the Research Plan.
This CRADA is proposed and implemented under the 1986 Federal Technology Transfer Act: Public Law 99-502, as amended.
The responses must be made to: Lisa Blake-DiSpigna, Technology Development Coordinator, National Center for Infectious Diseases, Centers for Disease Control and Prevention (CDC), 1600 Clifton Rd. NE., Mailstop C-19, Atlanta, GA 30333.
In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention (CDC) announces the following committee meeting.
In December 2000, the President delegated responsibility for funding, staffing, and operating the Board to HHS, which subsequently delegated this authority to the CDC. NIOSH implements this responsibility for CDC. The charter was signed on August 3, 2001 and in November, 2001, the President completed the appointment of members to the Board to ensure a balanced representation on the Board. The initial tasks of the Board have been to review and provide advice on the proposed, interim, and final rules of HHS.
Agenda items are subject to change as priorities dictate.
This conference call is scheduled for 1 p.m. Eastern Time. To access the teleconference you must dial 1-800-311-3437. To be automatically connected to the call, you will need to provide the operator with the participant code “528890” and you will be connected to the call.
Larry Elliott, Executive Secretary, ABRWH, NIOSH, CDC, 4676 Columbia Parkway, Cincinnati, Ohio 45226, telephone 513/841-4498, fax 513/458-7125.
The Director, Management Analysis and Services Office, has been delegated the authority to sign
The purpose of this field test is to create the framework and procedures for a national outcomes report of children's ability and progress on the Presidentially and congressionally-mandated standards of learning. This effort will involve a subsample of 36 Head Start programs. In these programs, we will collect direct assessment data on approximately 1,440 sample children as well as their demographic information, the backgrounds of their respective classroom teachers, and the characteristics of their respective programs. This data will be used to develop and evaluate a system to report this outcome information.
After designing the framework and procedures for the National Reporting System, Westat/Xtria will then evaluate how well such a system would work, based on analysis of direct assessment data from a national sample of programs, classes, and children. Westat will then recommend any modifications to the design for the full national implementation year of the National Reporting System (NRS), based on the results of the field test. This could include recommendations on the training procedures of field staff or modifications of the assessment battery.
In the implementation of the NRS, staff training in collecting and submitting data will be critical. In order to ensure high quality data for the NRS, two different approaches to staff training will be evaluated in two study conditions:
The NRS will use a “training the trainers” training program. This effort will involve a subsample of 26 programs drawn from around the country. Selected staff from each program will travel to Rockville, Maryland to be trained in the procedures to teach other Head Start staff members how to administer the assessment battery and how to use the computer reporting system (Condition Two). Once trained, these “trained trainers” will return to their respective Head Start programs and train their local teachers how to administer the assessment battery and how to use the computer reporting system.
This training condition will involve a subsample of 10 Head Start programs drawn from around the country. These programs will receive the standard 3-day training workshop plus one extra day of extended training on how to conduct training sessions for their local Head Start staff (Condition One).
The field test will also evaluate any differences between the types of assessors administering the assessment. Head Start classroom teachers, the first type of assessor, will be responsible for administering the assessment to children from their own classroom. The second type of assessor is any other Head Start staff, or “non-classroom teachers,” including program coordinators, education coordinators, education specialists, or even teachers from other classrooms (
Additional Information: ACF is requesting that OMB grant a 180 day approval for this information collection under procedures for emergency processing by March 15, 2003. A copy of this information collection, with applicable supporting documentation, may be obtained by calling the Administration for Children and Families, Reports Clearance Officer, Robert Sargis at (202) 690-7275. In addition, a request may be made by sending an e-mail request to:
Comments and questions about the information collection described above should be directed to the following address by March 15, 2003: Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for ACF, Office of Management and Budget, Paper Reduction Project, 725 17th Street, NW., Washington, DC 20503.
Food and Drug Administration, HHS.
Notice.
The Food and Drug Administration (FDA) has determined the regulatory review period for Starlix and is publishing this notice of that determination as required by law. FDA has made the determination because of the submission of an application to the Director of Patents and Trademarks, Department of Commerce, for the extension of a patent that claims that human drug product.
Submit written comments and petitions to the Dockets Management Branch (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments to
Claudia Grillo, Office of Regulatory Policy (HFD-013), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-827-3460.
The Drug Price Competition and Patent Term Restoration Act of 1984 (Public Law 98-417) and the Generic Animal Drug and Patent Term Restoration Act (Public Law 100-670) generally provide that a patent may be extended for a period of up to 5 years so long as the patented item (human drug product, animal drug product, medical device, food additive, or color additive) was subject to regulatory review by FDA before the item was marketed. Under these acts, a product's regulatory review period forms the basis for determining the amount of extension an applicant may receive.
A regulatory review period consists of two periods of time: a testing phase and an approval phase. For human drug products, the testing phase begins when the exemption to permit the clinical investigations of the drug becomes effective and runs until the approval phase begins. The approval phase starts with the initial submission of an application to market the human drug product and continues until FDA grants permission to market the drug product. Although only a portion of a regulatory review period may count toward the actual amount of extension that the Director of Patents and Trademarks may award (for example, half the testing phase must be subtracted, as well as any time that may have occurred before the patent was issued), FDA's determination of the length of a regulatory review period for a human drug product will include all of the testing phase and approval phase as specified in 35 U.S.C. 156(g)(1)(B).
FDA recently approved for marketing the human drug product Starlix (nateglinide). Starlix is indicated as monotherapy to lower blood glucose in patients with Type 2 diabetes (non-insulin dependent diabetes mellitus, NIDDM) whose hyperglycemia cannot be adequately controlled by diet and physical exercise and who have not been chronically treated with other anti-diabetic agents. Subsequent to this approval, the Patent and Trademark Office received a patent term restoration application for Starlix (U.S. Patent No. 34,878) from Novartis, and the Patent and Trademark Office requested FDA's assistance in determining this patent's eligibility for patent term restoration. In a letter dated October 2, 2001, FDA advised the Patent and Trademark Office that this human drug product had undergone a regulatory review period and that the approval of Starlix represented the first permitted commercial marketing or use of the product. Shortly thereafter, the Patent and Trademark Office requested that FDA determine the product's regulatory review period.
FDA has determined that the applicable regulatory review period for Starlix is 2,147 days. Of this time, 1,775 days occurred during the testing phase of the regulatory review period, while 372 days occurred during the approval phase. These periods of time were derived from the following dates:
1.
2.
3.
This determination of the regulatory review period establishes the maximum potential length of a patent extension. However, the U.S. Patent and Trademark Office applies several statutory limitations in its calculations of the actual period for patent extension. In its application for patent extension, this applicant seeks 1,259 days of patent term extension.
Anyone with knowledge that any of the dates as published are incorrect may submit to the Dockets Management (
Comments and petitions should be submitted to the Dockets Management Branch. Three copies of any information are to be submitted, except that individuals may submit a single copy. Copies are to be identified with the docket number found in brackets in the heading of this document. Comments and petitions may be seen in the
Food and Drug Administration, HHS.
Notice.
The Food and Drug Administration (FDA) is announcing that it is establishing a public docket for information relevant to the agency's current good manufacturing practice (CGMP) initiative concerning the regulation of pharmaceutical manufacturing and product quality. This action is intended to ensure that all information submitted to FDA on the CGMP initiative regarding a risk-based approach to the regulation of pharmaceutical manufacturing and product quality is available to all interested persons in a timely fashion.
The public dockets are located in the Dockets Management Branch (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. The public dockets can be accessed directly under the docket number provided and on the agency's site at
Maureen A. Hess, Center for Drug Evaluation and Research (HFD-6), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-594-5461.
On August 21, 2002, FDA announced that it is undertaking a significant new initiative to enhance the regulation of pharmaceutical manufacturing and product quality. The initiative entitled “Pharmaceutical CGMPs for the 21st Century: A Risk-Based Approach,” applies to veterinary drugs and human drugs, including biological drug products. Additional detailed information describing the scope and purpose of the initiative can be found on the Internet at www.fda.gov/bbs/topics/NEWS/2002/NEW00829.html. FDA has received recommendations on how the agency should implement various aspects of, as well as, the overall CGMP initiative and encourages further recommendations. To provide timely public access to these recommendations, FDA is establishing a public docket through which interested persons can have access to these recommendations and other information submitted to FDA. FDA expects to place submissions it receives on this initiative in the public docket.
Interested persons may submit to the Dockets Management Branch (see
Fish and Wildlife Service, Interior.
Notice of availability.
Pursuant to the Refuge Improvement Act of 1997, the U.S. Fish and Wildlife Service has published the Crescent Lake National Wildlife Refuge Comprehensive Conservation Plan and Summary. This Plan describes how the FWS intends to manage the Crescent Lake NWR for the next 10 to 15 years.
A copy of the Plan or Summary may be obtained by writing to U.S. Fish and Wildlife Service, Crescent Lake National Wildlife Refuge Complex, 115 Railway Street, Suite C109, Scottsbluff, NE 69363-1346; or download from
Steve Knode, Complex Manager, U.S. Fish and Wildlife Service, Crescent Lake NWR, 115 Railway Street, Suite C109, Scottsbluff, NE 69363-1346, phone 308/635-7851; fax 308/635-7841; e-mail:
The 45,849-acre Crescent Lake National Wildlife Refuge, established in 1931, is located 28 miles north of Oshkosh, Nebraska in Garden County at the southwestern end of the Nebraska Sandhills. It is administered by the U.S. Fish and Wildlife Service as part of the Crescent Lake National Wildlife Refuge Complex and is within the Central Flyway. The Complex headquarters is 100 miles to the west in the City of Scottsbluff, NE.
The initial Refuge was 36,920 acres, acquired primarily from one large ranch. Additional lands were acquired between 1932 and 1937. Most lands were acquired or exchanged under the authority of the Migratory Bird Conservation Act (45 Stat. 1222). About 2,566 acres were acquired under the Resettlement Administration (Executive Order 7027, April 30, 1935), a drought and depression relief program.
The Nebraska Sandhills were settled largely as a result of the Kincaid Act of 1904, a modification of the Homestead Act to allow settlers 640 acres in “less productive” areas. As a result, a homestead existed in almost every meadow. However, 640 acres was not a viable farm/ranch unit in the Sandhills, and land was soon consolidated into larger units. Today, the Sandhills are home to some of the largest ranches in the country. Because of the large acreage required to support economically viable units, Garden County is among the least densely populated areas in the continental United States. Most of the Refuge location names originated from the early homesteaders.
The availability of the Draft CCP/Environmental Assessment (EA) for 30-day public review and comment was noticed in the
The preferred alternative was selected because it best meets the purposes of the Refuge to reserve and set apart as a refuge and breeding ground for birds and wild animals. The preferred alternative will also provide for public access for wildlife-dependent recreation, and provides environmental education opportunities related to fish and wildlife resources.
Fish and Wildlife Service, Interior.
Notice of availability; reopening of comment period.
The Fish and Wildlife Service is reopening the comment period on the draft Multiple Species Habitat Conservation Plan, draft Implementing Agreement, and Draft Environmental Impact Statement for an incidental take permit for 146 species in western Riverside County, California.
To ensure consideration, we must receive written comments on or before March 14, 2003.
Send comments to Mr. Jim Bartel, Field Supervisor, U.S. Fish and Wildlife Service, 2730 Loker Avenue West, Carlsbad, CA 92008. You also may submit comments by facsimile to (760) 431-9618.
Ms. Karen Evans, Assistant Field Supervisor, at the Carlsbad Fish and Wildlife Office (
The County of Riverside (County), Riverside County Flood Control and Water Conservation District, Riverside County Transportation Commission, Riverside County Parks and Open Space District, Riverside County Waste Department, California Department of Transportation, California Department of Parks and Recreation, and 14 western Riverside County cities (Applicants) have applied to the U.S. Fish and Wildlife Service (Service) for an incidental take permit pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Applicants seek a permit to authorize incidental take of 146 species, including unlisted species that may become listed during the term of the permit. An incidental take permit is required to authorize take of listed species during urban and rural development in the approximately 5,095-square-kilometer (1.26-million-acre (1,967-square-mile)) Plan Area in western Riverside County. The proposed term of the permit is 75 years.
On November 15, 2002, we published “Notice of Availability of a Draft Environmental Impact Statement/Environmental Impact Report and Receipt of an Application for an Incidental Take Permit for the Western Riverside County Multiple Species Habitat Conservation Plan” (67 FR 69236). In that notice, we requested public comment on the draft Multiple Species Habitat Conservation Plan (MSHCP) and draft Implementing Agreement. We also made available for public review a Draft Environmental Impact Statement, which is the Federal portion of the Draft Environmental Impact Statement/Environmental Impact Report (EIS/EIR), to analyze the impacts of the MSHCP. The analyses provided in the Draft EIS/EIR are intended to inform the public of our proposed action, alternatives, and associated impacts; address public comments received during the scoping period for the Draft EIS/EIR; disclose the direct, indirect, and cumulative environmental effects of the proposed action and each of the alternatives; and indicate any irreversible commitment of resources that would result from implementation of the proposed action.
The comment period for the November 15, 2002, notice closed on January 14, 2003. We are now reopening the comment period for 15 days on the draft MSHCP, draft Implementing Agreement, and Draft EIS. The County of Riverside has decided not to reopen the comment period on the Draft EIR. Comments already submitted on the Draft EIS/EIR, draft Implementing Agreement, and draft MSHCP need not be resubmitted, as they will be fully considered in the final documents.
This notice is provided pursuant to section 10(a) of the Endangered Species Act, as amended (16 U.S.C. 1531
Fish and Wildlife Service, Interior.
Notice of availability.
Lewis Tindall (Applicant) has applied for an incidental take permit (TE-0666141-0) pursuant to Section 10(a) of the Endangered Species Act (Act). The requested permit would authorize the incidental take of the endangered Houston toad (
Written comments on the application should be received on or before April 28, 2003.
Persons wishing to review the application may obtain a copy by writing to the Regional Director, U.S. Fish and Wildlife Service, P.O. Box 1306, Room 4102, Albuquerque, New Mexico 87103. Persons wishing to review the EA/HCP may obtain a copy by contacting Clayton Napier, U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, Texas 78758 (512/490-0057). Documents will be available for public inspection by written request, by appointment only, during normal business hours (8:00 to 4:30) at the U.S. Fish and Wildlife Service, Austin, Texas. Written data or comments concerning the application and EA/HCP should be submitted to the
Clayton Napier at 10711 Burnet Road, Suite 200, Austin, Texas 78758.
Section 9 of the Act prohibits the “taking” of endangered species such as the Houston toad. However, the Fish and Wildlife Service (Service), under limited circumstances, may issue permits to take endangered wildlife species incidental to, and not the purpose of, otherwise lawful activities. Regulations governing permits for endangered species are at 50 CFR 17.22.
The Service has prepared the Environmental Assessment/Habitat Conservation Plan for the incidental take application. A determination of jeopardy to the species and a decision pursuant to the National Environmental Policy Act (NEPA) will not be made until at least 60 days from the date of publication of this notice. This notice is provided pursuant to Section 10(c) of the Act and NEPA regulations (40 CFR 1506.6).
Fish and Wildlife Service, Interior.
Notice of availability.
The U.S. Fish and Wildlife Service (Service) provides an update on its intentions to revise and make available for public comment the following documents: (1) Draft karst feature survey guidance; (2) draft endangered karst invertebrate survey guidance; (3) draft preserve design to conserve endangered karst invertebrates guidance; and (4) draft recommendations for protection of water quality of the Edwards Aquifer. The first two documents are survey guidance for use in determining: (1) The presence of karst features that may contain potential habitat for karst invertebrates listed under the Endangered Species Act of 1973 (as amended) as endangered in central Texas; and (2) the presence/absence of endangered karst invertebrates within karst features determined to contain potential habitat. The first three documents have commonly been known as the “Karst Protocols” and the document that addressed water quality was often called “water quality criteria.”
We will accept public comments on the approach proposed in this Notice until April 28, 2003.
Written comments and information should be submitted to Field Supervisor, U.S. Fish and Wildlife Service, Austin Ecological Services Field Office, 10711 Burnet Road, Suite 200, Austin, Texas 78758 telephone (512) 490-0057; facsimile (512) 490-0974.
Field Supervisor, Austin Ecological Services Field Office (
Sixteen species of invertebrates known to occur in Bexar, Travis, Williamson and parts of Burnet counties, Texas, are currently listed as endangered under the Endangered Species Act. These invertebrates are only capable of surviving in caves or karstic rock. Karst ecosystems receive moisture and nutrients from the surface community in the form of leaf litter and other organic debris that are washed in or fall into the cave, from tree and other vascular plant roots, and/or through the feces, eggs or dead bodies of animals. In addition to providing nutrients to the karst ecosystem, the plant community also filters contaminants and buffers against changes in temperature and humidity. The major threats to karst invertebrates include the loss of habitat due to urbanization; contamination; predation by and competition with non-native fire ants; and vandalism.
The Edwards Aquifer and associated springs, which includes the Southern, Barton Springs, and Northern segments, provide habitat for 9 federally listed aquatic species, including three salamanders, two fish, three aquatic invertebrates and one plant. In addition, 3 candidate species and many other unique aquatic species are also dependent upon water from the Edwards Aquifer. These species may be vulnerable to water quality degradation, particularly through pollutants entering the aquifer by storm water runoff from urban areas.
The Service has reviewed the Karst Protocols and the Water Quality Recommendations, and decided that an alternative course of action is preferred because we need to ensure that a wider partnership is involved when providing guidance to the interested public. To the extent possible, the Service will use the recovery planning process to gain the public's review and comment on guidance meant to aid in the recovery of threatened and endangered species. Through this notice, the Service announces its intentions to do the following:
(1) With respect to survey guidance for use in determining the presence of karst features that may contain potential habitat for endangered karst invertebrates in central Texas, the Service will work with the Texas Commission on Environmental Quality (TCEQ) and other partners to update as needed the existing TCEQ guidance on Karst Feature Surveys. The Service will recognize TCEQ's guidance as suitable guidance when surveying for karst features.
(2) With respect to survey guidance for endangered karst invertebrates, the Service will request a panel of experts to review all new information regarding how to survey for karst invertebrates. The Service will use the panel's recommendations to modify the section 10(a)(1)(A) permitting requirements and to develop karst invertebrate survey guidance on when to survey caves and how to survey for endangered karst invertebrates found in the caves. This guidance will be made available for review and comment though a Notice of Availability that will be published in the
(3) With respect to guidance for preserve design to conserve endangered karst invertebrates, the Service intends to incorporate the guidance as a component of the Service's Bexar County Invertebrate Recovery Plan. The draft recovery plan will be made available for review and comment. The Service no longer intends to issue
(4) With regard to recommendations for protection of water quality of the Edwards Aquifer, the Service does not intend to issue separate guidance. Instead, the draft Barton Springs Salamander Recovery Plan, which is scheduled to be completed in 2003, will include recommendations for protection of water quality in the Barton Springs Zone.
The Service states that prior versions of the Karst Protocols and Water Quality Recommendations are not rules, regulations, requirements, or project evaluation criteria of the Service and will not be used as such by the Service. The documents that have been used in the past as guidance do not create any legal obligations and have no binding legal effect, nor do they establish minimum standards or criteria required to be adopted by state or local governments. Should at any future time the Service decide that guidance on these subjects, other than as outlined above, is needed, the Service will make the draft guidance available for public review and comment for a period of not less than 60 days. At the conclusion of this period, the Service will determine whether to publish any final guidance documents on these topics and, if so, in what form.
The authority for this action is the Endangered Species Act, as amended (16 U.S.C.1532
Bureau of Indian Affairs, Interior.
Notice of approved amendment to a Tribal-State compact.
Under section 11 of the Indian Gaming Regulatory Act of 1988 (IGRA), Pub. L. 100-497, 25 U.S.C. 2710, the Secretary of the Interior shall publish, in the
February 27, 2003.
George T. Skibine, Director, Office of Indian Gaming Management, Bureau of Indian Affairs, Washington, DC 20240, (202) 219-4066.
Bureau of Indian Affairs, Interior.
Notice of approved amendment to a Tribal-State compact.
Under section 11 of the Indian Gaming Regulatory Act of 1988 (IGRA), Pub. L. 100-497, 25 U.S.C. 2710, the Secretary of the Interior shall publish, in the
February 27, 2003.
George T. Skibine, Director, Office of Indian Gaming Management, Bureau of Indian Affairs, Washington, DC 20240, (202) 219-4066.
Bureau of Indian Affairs, Interior.
Notice of approved amendment to a Tribal-State compact.
Under section 11 of the Indian Gaming Regulatory Act of 1988 (IGRA), Pub. L. 100-497, 25 U.S.C. 2710, the Secretary of the Interior shall publish, in the
February 26, 2003.
George T. Skibine, Director, Office of Indian Gaming Management, Bureau of Indian Affairs, Washington, DC 20240, (202) 219-4066.
Bureau of Land Management, Interior.
Notice.
In response to a request from the interested public the Bureau of Land Management is adding to its schedule one meeting for accepting public comments on the Draft Northwest National Petroleum Reserve—Alaska Integrated Activity Plan/Environmental Impact Statement (IAP/EIS). The meeting location and time will be provided to the public through appropriate media outlets in the Washington, DC area.
March 13, 2003, 2 p.m. till 5 p.m.
Courtyard Marriott, 1600 Rhode Island Avenue, Northwest, Washington, DC.
Curtis J. Wilson (907-271-5546;
The Bureau of Land Management originally published a Notice of Availability for the IAP/EIS that listed public meetings only in Alaska, however, in response to a request from several organizations one meeting has been added to seek public comment in the Washington, DC area.
Bureau of Land Management, Department of the Interior.
Notice of public meetings of the California Desert District Advisory Council.
Notice is hereby given, in accordance with Public Laws 92-463 and 94-579, that the California Desert District Advisory Council to the Bureau of Land Management, U.S. Department of the Interior, has scheduled three meetings during 2003 at the following dates and locations:
The Council and interested members of the public will assemble for the field tours at the designated parking lot locations. The public is welcome to participate in the tours, but should plan on providing their own transportation, drinks, and lunch.
All Desert District Advisory Council meetings are open to the public. Time for public comment is scheduled at the beginning of the meeting for topics not on the agenda, and will be made available by the Council Chairman during the presentation of various agenda items. Time for public comment is also scheduled at the end of the meeting.
Written comments may be filed in advance of the meeting for the California Desert District Advisory Council, c/o Bureau of Land Management, Public Affairs Office, 22835 Calle San Juan De Los Lagos, Moreno Valley, California 92553. Written comments also are accepted at the time of the meeting and, if copies are provided to the recorder, will be incorporated into the minutes.
For additional information regarding meeting and tour agendas contact Doran Sanchez, BLM California Desert District Public Affairs Specialist, (909) 697-5220.
Bureau of Land Management, Interior.
In notice issued in Volume 68 Number 30 beginning on page 7387 in the issue dated February 13, 2003, make the following correction: On page 7387 under the heading, in the third column, “(AZ-020-00-1430-EU; AZA-31744FD)” should read “(AZ-020-00-1430-EU; AZA-31774FD)”.
30-day notice of information collection under review: Request for fee waiver; Form I-912.
The Department of Justice, Immigration and Naturalization Service (INS) has submitted the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection was previously published in the
The purpose of this notice is to allow an additional 30 days for public comments. Comments are encouraged and will be accepted until March 3, 2003. This process is conducted in accordance with 5 CFR 1320.10.
Written comments and/or suggestions regarding the items contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Department of Justice Desk Officer, 725-17th Street, NW., Room 10235, Washington, DC 20530.
Written comments and suggestion from the public and affected agencies concerning the proposed collection of information should address one or more of the following four points:
(1) Evaluate 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;
(2) 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;
(3) Enhance the quality, utility, and clarity of the information to be collected; and
(4) 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,
Overview of this information collection:
(1)
(2)
(3)
(4)
(5)
(6)
If you have additional comments, suggestions, or need a copy of the proposed information collection instrument with instructions, or additional information, please contact Richard A. Sloan 202-514-3291, Director, Regulations and Forms Services Division, Immigration and Naturalization Service, U.S. Department of Justice, Room 4304, 425 I Street, NW., Washington, DC 20536. Additionally, comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time may also be directed to Mr. Richard A. Sloan.
If additional information is required contact: Mr. Robert B. Briggs, Clearance Officer, United States Department of Justice, Information Management and Security Staff, Justice Management Division, 601 D Street, NW., Patrick Henry Building, Suite 1600, Washington, DC 20530.
National Aeronautics and Space Administration.
Notice of meeting.
In accordance with the Federal Advisory Committee Act, Public Law 92-463, as amended, the National Aeronautics and Space Administration announces a meeting of the NASA Advisory Council, Biological and Physical Research Advisory Committee, Space Station Utilization Advisory Subcommittee (SSUAS).
Tuesday, March 11 , 2003, 8 a.m. to 5:30 p.m., and Wednesday, March 12, 2003, 8 a.m. to 5:30 p.m.
South Shore Harbour Resort, 2500 South Shore Blvd., League, Texas 77573.
Dr. Neal Pellis, Code U, National Aeronautics and Space Administration, Houston, TX 77058, (281) 483-2357.
The meeting will be open to the public up to the seating capacity of the room. Advance notice of attendance to the Executive Secretary is requested.
The agenda for the meeting will include the following topics:
It is imperative that the meeting be held on this date to accommodate the scheduling priorities of the key participants. Visitors will be requested to sign a visitor's register.
National Aeronautics and Space Administration.
Notice of prospective patent license.
NASA hereby gives notice that Circuit Avenue Netrepreneurs, LLC, of Camden, New Jersey, has applied for a partially exclusive license to practice the invention described and in NASA Case No. ARC-14480-1, entitled “An Approach to Automating the Manipulation of Information,” for which a Patent Application was filed and assigned to the United States of America as represented by the Administrator of the National Aeronautics and Space Administration. The fields of use will include medical devices; monitoring and controlling; chemical, research and manufacturing; pharmaceutical, research and manufacturing; and biotechnology, research and manufacturing. Written objections to the prospective grant of a license should be sent to the Ames Research Center.
Responses to this notice must be received by March 14, 2003.
Rob Padilla, Patent Counsel, NASA Ames Research Center, Mail Stop 202A-4, Moffett Field, CA 94035, telephone (650) 604-5104; fax (650) 604-2767.
National Crime Prevention and Privacy Compact Council.
Notice of intent to publish a rule that will permit the privatization of administrative functions requiring access to criminal history record information for noncriminal justice purposes.
Pursuant to Title 28, Code of Federal Regulations (CFR), Chapter IX, the Compact Council (Council), established by the National Crime Prevention and Privacy Compact Act of 1998 (Compact), is issuing notice of its intent to promulgate a rule enabling third parties to act as agents for governmental and nongovernmental agencies while performing administrative functions requiring access to criminal history record information (CHRI) for authorized noncriminal justice purposes.
Title 42, United States Code, Section 14616.
Additionally, a limited number of third parties will be preapproved by the FBI to serve as conduits to send electronic noncriminal justice fingerprint requests to, and receive CHRI from, the FBI's Criminal Justice Information Services (CJIS) Division for dissemination to authorized recipients as provided by federal statute or federal executive order.
Ms. Cathy L. Morrison, interim FBI Compact Officer, FBI CJIS Division, 1000 Custer Hollow Road, Module C3, Clarksburg, WV 26306; Telephone (304) 625-2736; E-mail
The Council is comprised of federal, state and local representatives of criminal and noncriminal justice agencies. The Compact authorizes the Council to establish rules, procedures, and standards for fingerprint-based noncriminal justice criminal history record checks. The Council, in cooperation with the FBI's CJIS Division and its Advisory Policy Board, is announcing its intent to promulgate a rule that will enable authorized local, state, and federal governmental agencies and nongovernmental entities to contract with the private sector to perform administrative duties relating to the noncriminal justice use of CHRI for employment, licensing, and other authorized purposes.
The reason for the proposed rule is that, over the last several years, the volume of authorized fingerprint-based noncriminal justice criminal history record checks has escalated. In many states, the number of fingerprint submissions for noncriminal justice purposes outnumber those submitted for criminal justice purposes. The escalating number of noncriminal justice fingerprint submissions has resulted in increased workloads for local, state, and federal governmental agencies and for nongovernmental entities. Implementation of the Aviation and Transportation Security Act, the USA PATRIOT Act and other federal and state statutes since the terrorist attacks of September 11, 2001, has contributed to the recent increase of authorized criminal history record checks. Efforts are underway to modify the CFR to permit authorized recipients of CHRI to contract with the private sector to accomplish such fingerprint-based criminal history record checks for noncriminal justice purposes and to do so in an efficient, effective, and secure fashion.
Nuclear Regulatory Commission (NRC).
Announcement of issuance for public comment, availability, and public meeting.
The U.S. Nuclear Regulatory Commission (NRC) has issued for public comment a document entitled “Handbook of Parameter Estimation for Probabilistic Risk Assessment.” This handbook provides guidance on sources of information and methods of estimating distributions of parameters used in probabilistic risk assessment. This includes determination of both plant-specific and generic estimates for initiating event frequencies, component failure rates and unavailability, and equipment non-recovery probabilities. Interested individuals may obtain a copy of this document from the person identified under the caption
Please submit comments by May 23, 2003. Comments received after this date will be considered if is practical to do so, but the NRC Staff is able to ensure consideration only for comments received on or before this date.
A public meeting will be held on April 2, 2003, from 8:30 a.m. until 4:30 p.m. The purpose of this meeting is to discuss the document and give guidance for its review and to address external stakeholder comments received before the public meeting. The primary authors will be available at the public meeting to answer questions and discuss items of interest to the public.
The NRC is interested in receiving comments on specific topics reviewers wish to discuss at the public meeting. Reviewers are requested to contact Mr. Arthur Salomon at 301-415-6552 or e-mail
Please submit comments to Chief, Rules and Directives Branch, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Or, you may deliver comments to 11545 Rockville Pike, Rockville, Maryland, between 7:30 a.m. and 4:30 p.m. Federal workdays.
The public meeting will be held at Two White Flint North, Room T10 A1, 11545 Rockville Pike, Rockville, Maryland.
The draft document and certain other documents related to this action may be examined in the NRC Public Document Room, 11555 Rockville Pike, Public File Area O1 F21, Rockville, Maryland.
Arthur D. Salomon, Division of Risk Analysis and Applications, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Telephone: 301-415-6552, e-mail:
During the last several years the NRC and the nuclear industry have recognized that PRA has evolved to the point where it can be used as a tool in the regulatory decision-making process. The increased use of PRA has led to the conclusion that the PRA scope and model must be commensurate with the applications. Several procedural guides and standards (such as the “Standard For Probabilistic Risk Assessment For Nuclear Power Plant Applications” published by The American Society of Mechanical Engineers in 2002) have been and are being developed that identify requirements for the PRA models. This handbook was prepared to supplement these documents. It provides a compendium of good practices that a PRA analyst can use to develop parameter distributions required for quantifying PRA models. It complements the ASME PRA Standard by providing guidance for estimation of parameters related to initiating events; by describing statistical techniques for estimating parameters used in analysis
The handbook provides the basic information needed to generate estimates of the parameters commonly used in PRA analysis. It begins by describing the probability models and plant data used to evaluate each of the parameters. Possible sources for the plant data are identified and guidance on the collection, screening, and interpretation is provided. The statistical techniques (both Bayesian and classical methods) required to analyze the collected data and test the validity of statistical models are described. Examples are provided to help the PRA analyst utilize the different techniques. The handbook also provides advanced techniques that address modeling of time trends. Methods for combining data from a number of similar, but not identical sources are also provided. This includes empirical and hierarchical Bayesian approaches. Examples are provided to guide the analyst. The handbook does not provide guidance on parameter estimation for all of the events included in a PRA. Specifically, common cause failure and human error probabilities are not addressed. In addition, guidance is not provided regarding the use of expert elicitation. However, suggested references regarding these technical areas are provided in the handbook introduction.
For the Nuclear Regulatory Commission.
Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”),
Nasdaq proposes to list and trade Strategic Return Notes® Linked to the Select Ten Index (“Notes”) issued by Merrill Lynch & Co., Inc. (“Merrill Lynch”).
In its filing with the Commission, Nasdaq included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item III below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements.
Nasdaq proposes to list and trade notes, the return on which is based upon an approximately equal-dollar weighted portfolio of securities representing the ten highest dividend yielding stocks in the Dow Jones Industrial Average (“DJIA”) from year to year (“Select Ten Index” or “Index”).
Under Rule 4420(f), Nasdaq may approve for listing and trading innovative securities which cannot be readily categorized under traditional listing guidelines.
The Notes will initially be subject to Nasdaq's listing criteria for other securities under Rule 4420(f). Specifically, under Rule 4420(f)(1):
(A) The issuer shall have assets in excess of $100 million and stockholders' equity of at least $10 million. In the case of an issuer which is unable to satisfy the income criteria set forth in paragraph (a)(1), Nasdaq generally will require the issuer to have the following: (i) assets in excess of $200 million and stockholders' equity of at least $10 million; or (ii) assets in excess of $100 million and stockholders' equity of at least $20 million;
(B) There must be a minimum of 400 holders of the security, provided, however, that if the instrument is traded in $1,000 denominations, there must be a minimum of 100 holders;
(C) For equity securities designated pursuant to this paragraph, there must be a minimum public distribution of 1,000,000 trading units;
(D) The aggregate market value/principal amount of the security will be at least $4 million.
In addition, Merrill Lynch satisfies the listed marketplace requirement set forth in Rule 4420(f)(2).
The Notes will be subject to Nasdaq's continued listing criterion for other securities pursuant to Rule 4450(c). Under this criterion, the aggregate market value or principal amount of publicly-held units must be at least $1 million. The Notes also must have at least two registered and active market makers as required by Rule 4450(a)(6). Nasdaq will also consider prohibiting the continued listing of the Notes if Merrill Lynch is not able to meet its obligations on the Notes.
The Notes are a series of senior non-convertible debt securities of Merrill Lynch that provide for a single payment at maturity. The Notes will have a term of not less than one, nor more than ten, years. The Notes will entitle the owner at maturity to receive an amount based upon the percentage change between the “Starting Index Value” and the “Ending Index Value” (the “Redemption Amount”). The “Starting Index Value” is the value of the Select Ten Index on the date on which Merrill Lynch prices the Notes for the initial sale to the public. The “Ending Index Value” is the value of the Select Ten Index over a period shortly prior to the expiration of the Notes. The “Ending Index Value” will be used in calculating the amount owners will receive upon maturity. The Notes may not have a minimum principal amount that will be repaid and, accordingly, payments on the Notes prior to or at maturity may be less than the original issue price of the Notes. During the designated month each year, investors will have the right to require Merrill Lynch to repurchase the Notes at a redemption amount based on the value of the Select Ten Index at such repurchase date. The Notes are not callable by Merrill Lynch.
The Notes are cash-settled in U.S. dollars and do not give the holder any right to receive a portfolio security or any other ownership right or interest in the portfolio securities, although the return on the investment is based on the aggregate portfolio value of the Select Ten Index securities.
The Select Ten Index will consist of the ten stocks with the highest dividend yields among the thirty stocks that comprise the DJIA, adjusted as described below. The Commission has previously approved the listing of options on, and securities the performance of which have been linked to or based on, an index of the top ten dividend yielding stocks of the DJIA.
Components of the Select Ten Index approved pursuant to this filing will meet the following criteria: (1) A minimum market value of at least $75 million, except that up to 10% of the component securities in the Select Ten Index may have a minimum market value of $50 million; (2) average monthly trading volume in the last six months of not less than 1 million shares, except that up to 10% of the component securities in the Select Ten Index may have an average monthly trading volume of 500,000 shares or more in the last six months; (3) 90% of the Select Ten Index's numerical value and at least 80% of the total number of component securities will meet the then current criteria for standardized option trading set forth in Amex Rule 915; and (4) all component stocks will either be listed on the Amex, the NYSE, or traded through the facilities of Nasdaq and reported National Market System securities.
As of January 22, 2003, the market capitalization of the portfolio of securities representing the Select Ten Index ranged from a high of $124.9 billion to a low of $9.7 billion. The average monthly trading volume for the last six months, as of the same date, ranged from a high of 288 million shares to a low of 45.2 million shares. Moreover, as of January 22, 2003, all of the components comprising the portfolio of securities representing the Select Ten Index were eligible for standardized options trading pursuant to Amex Rule 915.
The value of the Select Ten Index at any time will equal: (1) The sum of the products of the current market price for each stock underlying the Select Ten Index and the applicable share multiplier,
As of the first day of the start of each calendar quarter, the Amex will allocate the current quarter dividends as of the end of the immediately preceding calendar quarter to each then outstanding components of the Select Ten Index. The amount of the current quarter dividends allocated to each stock will equal the percentage of the value of such stock contained in the portfolio of securities comprising the Select Ten Index relative to the value of the entire portfolio based on the closing market price of such stock on the last day in the immediately preceding calendar quarter. The share multiplier of each stock will be increased to reflect the number of shares, or portion of a share, that the amount of the current quarter dividends allocated to each stock can purchase of each stock based on the closing market price on the last day in the immediate preceding calendar quarter.
As of the close of business on each anniversary date (May 29th of each year, which is the anniversary of the date the Select Ten Index was originally calculated and disseminated) through the applicable anniversary date in the year preceding the maturity of the Notes, Nasdaq states that the portfolio of securities comprising the Select Ten
The portfolio will be reconstituted and rebalanced on the anniversary date so that each stock in the Select Ten Index will represent 10% of the value of the Index. To effectuate this, Nasdaq states that the share multiplier for each new stock will be determined by the Amex and will indicate the number of shares or fractional portion thereof of each new stock, given the closing market price of such new stock on the anniversary date, so that each new stock represents an equal percentage of the Select Ten Index value at the close of business on such anniversary date. For example, if the Select Ten Index value at the close of business on an anniversary date was 200, then each of the ten new stocks comprising the Select Ten Index would be allocated a portion of the value of the Index equal to 20, and if the closing market price of one such new stock on the anniversary date was 40, the applicable share multiplier would be 0.5. Conversely, if the Select Ten Index value was 80, then each of the ten new stocks comprising the Select Ten Index would be allocated a portion of the value of the Select Ten Index equal to 8, and if the closing market price of one such new stock on the anniversary was 40, the applicable share multiplier would be 0.2. The last anniversary date on which such reconstitution will occur will be the anniversary date in the year preceding the maturity of the Notes. As noted above, investors will receive information on the new portfolio of securities comprising the Select Ten Index at least one day prior to each anniversary date.
The multiplier of each component stock in the Select Ten Index will remain fixed unless adjusted for quarterly dividend adjustments, annual reconstitutions or certain corporate events, such as payment of a dividend other than an ordinary cash dividend, a distribution of stock of another issuer to its shareholders,
The multiplier of each component stock may be adjusted, if necessary, in the event of a merger, consolidation, dissolution or liquidation of an issuer or in certain other events such as the distribution of property by an issuer to shareholders. If the issuer of a stock included in the Select Ten Index were to no longer exist, whether by reason of a merger, acquisition or similar type of corporate transaction, a value equal to the stock's final value will be assigned to the stock for the purpose of calculating the Select Ten Index value prior to the subsequent anniversary date. For example, if a company included in the Select Ten Index were acquired by another company, a value will be assigned to the company's stock equal to the value per share at the time the acquisition occurred. If the issuer of stock included in the Select Ten Index is in the process of liquidation or subject to a bankruptcy proceeding, insolvency, or other similar adjudication, such security will continue to be included in the Select Ten Index so long as a market price for such security is available or until the subsequent anniversary date. If a market price is no longer available for an Index stock due to circumstances including, but not limited to, liquidations, bankruptcy, insolvency, or any other similar proceeding, then the security will be assigned a value of zero when calculating the Select Ten Index for so long as no market price exists for that security or until the subsequent anniversary date. If the stock remains in the Select Ten Index, the multiplier of that security in the Select Ten Index may be adjusted to maintain the component's relative weight in the Select Ten Index at the level immediately prior to the corporate action. In all cases, the multiplier will be adjusted, if necessary, to ensure Select Ten Index continuity.
Nasdaq states that the Amex will calculate the Select Ten Index and, similar to other stock index values published by the Amex, the value of the Index will be calculated continuously and disseminated every fifteen seconds over the Consolidated Tape Association's Network B. The Index value will equal the sum of the products of the most recently available market prices and the applicable multipliers for the component securities. In the event that Amex discontinues the publication of the Select Ten Index, Nasdaq will facilitate the calculation and dissemination every 15 seconds of a value of a successor index either through the facilities of Nasdaq or those of an outside provider that is an independent calculation agent, unless otherwise approved by the Commission.
Since the Notes will be deemed equity securities for the purpose of Rule 4420(f), the NASD and Nasdaq's existing equity trading rules will apply to the Notes. First, pursuant to Rule 2310 and IM-2310-2, members must have reasonable grounds for believing that a recommendation to a customer regarding the purchase, sale or exchange of any security is suitable for such customer upon the basis of the facts, if any, disclosed by such customer as to his other security holdings and as to his financial situation and needs.
Nasdaq represents that NASD's surveillance procedures are adequate to properly monitor the trading of the Notes. Specifically, NASD will rely on its current surveillance procedures governing equity securities, and will include additional monitoring on key pricing dates.
Nasdaq believes that the proposed rule change, as amended, is consistent with section 15A of the Act,
Nasdaq does not believe that the proposed rule change, as amended, will result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act.
Written comments were neither solicited nor received.
Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change, as amended, 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 the 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 at the Commission's Public Reference Room. Copies of such filing will also be available for inspection and copying at the principal office of the Exchange. All submissions should refer to File No. SR-NASD-2003-20 and should be submitted by March 20, 2003.
After careful review, the Commission finds that implementation of the proposed rule change, as amended, is consistent with the requirements of section 15A of the Act
The Notes are non-convertible and will conform initially to the Nasdaq listing criteria for other securities under Rule 4420(f), and continued listing criterion for other securities pursuant to Rule 4450(c). The specific maturity date will not be established until the time of the offering, but will be not less than one, nor more than ten years from the date of issue. The Notes will entitle the owner at maturity to receive an amount based upon the percentage change between the Starting Index Value (the value of the Index on the date the issuer prices the Notes for the initial sale to the public) and the Ending Index Value (the value of the Index over a period shortly prior to the expiration of the Notes). The Ending Index Value will be used in calculating the amount investors will receive upon maturity. The Notes will not have a minimum principal amount that will be repaid and, accordingly, payments on the Notes prior to, or at maturity, may be less than the original issue price of the Notes. During the designated month each year, investors will have the right to require the issuer to repurchase the Notes at a redemption amount based on the value of the Index at such repurchase date. The Notes are cash-settled in U.S. dollars and may not be called by the issuer.
The Notes are non-leveraged, non-principal protected instruments. The Notes are debt instruments whose price will be derived and based upon the value of the Select Ten Index. The Notes do not have a minimum principal amount that will be repaid at maturity and the payments on the Notes prior to or at maturity may be less than the original issue price of the Notes.
The Commission notes that Nasdaq's rules and procedures that address the special concerns attendant to the trading of hybrid securities will be applicable to the Notes. In particular, by imposing the hybrid listing standards, suitability, disclosure, and compliance requirements noted above, the Commission believes the Exchange has addressed adequately the potential problems that could arise from the hybrid nature of the Notes. Moreover, the Commission notes that Nasdaq will distribute a circular to its membership calling attention to the specific risks associated with the Notes. The circular should include, among other things, a
The Commission notes that the Notes are dependent upon the individual credit of the issuer, Merrill Lynch. To some extent this credit risk is minimized by Nasdaq's listing standards in Rule 4420(f), which provide the only issuers satisfying substantial asset and equity requirements may issue securities such as the Notes. In addition, Nasdaq's “other securities” listing standards further require that the Notes have at least $4 million in market value.
The Commission also has a systemic concern, however, that a broker-dealer, such as Merrill Lynch, or a subsidiary providing a hedge for the issuer will incur position exposure. However, as the Commission has concluded in previous approval orders for other hybrid instruments issued by broker-dealers,
The Commission also believes that the listing and trading of the Notes should not unduly impact the market for the component securities of the Underlying Index or raise manipulative concerns. The Commission notes that Amex maintains the Select Ten Index and states that it has sole discretion in determining, calculating, and maintaining the Index. The Commission notes that Nasdaq is relying on Amex to calculate continuously and disseminate the Index value every fifteen seconds over the Consolidated Tape Association's Network B. The Commission considers the dissemination of this Index value important to this product's approval and expects Nasdaq to be ultimately responsible for such dissemination.
The Commission also notes that, at the outset, securities in the Select Ten Index will represent approximately an equal percentage of the starting value of the Index, but the Index will only be rebalanced on an annual basis. The Commission notes that the Select Ten Index is composed of stocks with significant market capitalization and average daily trading volume. The portfolio of securities underlying the Index will be rebalanced annually so as to include the ten highest dividend yielding stocks in the DJIA.
In addition, Nasdaq's equity margin rules and debt trading rules will apply to the Notes. The Commission believes that the application of these rules should strengthen the integrity of the Notes. The Commission also believes that Nasdaq has appropriate surveillance procedures in place to detect and deter potential manipulation for similar index-linked products. By applying these procedures to the Notes, the Commission believes that the potential for manipulation of the Notes is minimal, thereby protecting investors and the public interest. The Commission further notes that the underlying measure on which the Select Ten Index is based (the DJIA), is broad-based and independent of both Nasdaq and the Issuer, factors that the Commission believes should act to minimize the possibility of manipulation.
Nasdaq has requested that the Commission find good cause for approving the proposed rule change, as amended, prior to the thirtieth day after the date of publication of notice thereof in the
It is therefore Ordered, pursuant to section 19(b)(2) of the Act,
For the Commission, by the Division of Market Regulation, pursuant to delegated authority.
Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”),
PCX proposes to amend PCX Rule 6.37(b)(5), PCX Rule 6.87(b), the PCX Schedule of fees, and RBO 02-08 in order to change the calculation period for determining the top 120 and top 250 issues. The text of the proposed rule change is available for inspection and copying in the Commission's Public Reference Room and at the principal office of the PCX.
In its filing with the Commission, the PCX included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The PCX has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements.
In evaluating the type and quality of issues traded on the Exchange, the Exchange ranks issues based upon the total national volume. A common benchmark that the Exchange uses is called “top 120” and “top 250,” indicating that equity option issues falling within these groups would qualify as being among the top 120 or top 250, respectively, of the most actively-traded equity option issues. Because the Exchange relies on the top 120 and top 250 rankings with respect to many of its processes, it believes it needs to define them in such a way as to provide greater accuracy and meaning to the point of reference. Currently, the Exchange defines “top 120” as:
The Exchange determines the top 250 rankings in the same manner. Accordingly, the current approach would use September's national equity option volumes to determine November's rankings.
The Exchange represents that it has observed that volumes fluctuate from month to month and as a result, an issue may fall out of, or into, the top 120 or top 250 ranking somewhat sporadically. Moreover, the Exchange believes that evaluating the option volumes over a one-month period does not provide great accuracy in determining the long-term performance of an issue and its rank. Accordingly, the Exchange proposes to adopt a trailing three-month average, starting with the most currently completed calendar month, in order to determine the rankings of issues. For example, under the proposed rule change, the Exchange would determine its November ranking in October and base the ranking on the national volumes of the September, August and July trade months. Consistently, it would determine its December ranking in November and base it on the October, September and August national volumes.
The Exchange believes that the proposal is consistent with section 6(b) of the Act,
The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act.
Written comments on the proposed rule change were neither solicited nor received.
The PCX represents that it submitted a draft of this filing, including the proposed new rule text, to the Commission on January 9, 2003 in fulfillment of the five-day draft notice period of Rule 19b-4(f)(6).
A proposed rule change filed under Rule 19b-4(f)(6)
At any time within 60 days after the filing of the proposed rule change, the Commission may summarily abrogate the 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.
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 the 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 PCX. All submissions should refer to File No. SR-PCX-2003-01 and should be submitted by March 20, 2003.
For the Commission, by the Division of Market Regulation, pursuant to delegated authority.
On April 9, 2002, the Pacific Exchange, Inc. (“PCX” or “Exchange”) filed with the Securities and Exchange Commission (“Commission” or “SEC”), pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”),
The Exchange's Board of Governors delegates certain powers and duties to committees that administer the provisions of the Constitution and the Rules of the Exchange.
The Exchange proposed to set forth the criteria and procedures necessary to request a stay of committee action. The proposed new Exchange rule will set forth four factors that the Exchange will consider when evaluating the merits of a stay application: (1) Whether there is a likelihood that the applicant will prevail on the merits of the appeal; (2) that without a stay, the applicant is likely to suffer irreparable injury; (3) that it is likely there will not be substantial harm to other parties if the stay is granted; and (4) that the issuance of a stay is likely to serve the interests of the Exchange or an identified public interest.
The proposed new Exchange rule will also clarify the procedures that an applicant must satisfy in seeking a stay. The proposed rule specifies that an applicant must pay a $500 fee in order to request a stay. The fee will be used to cover a portion of Exchange expenses including the allocation of staff time in processing a request for a stay. The proposal also provides that applicants must request a stay by the earlier of ten business days after a committee renders its decision or forty-eight hours before the committee implements action. From time to time, the Exchange represents that it may be required to implement a particular committee decision immediately without leaving sufficient time for an aggrieved party to request a stay of action. According to the Exchange, this situation occurs, for example, when the Exchange must identify a particular Lead Market Maker to trade a new option on the following
The proposed new Exchange rule will also provide that the Exchange's Board Appeals Committee may render a decision summarily based solely on the documents submitted in support of, and opposition to, the request for stay. In the event that the Board Appeals Committee denies the request for a stay, the Board Appeals Committee will state the reasons for its denial and state facts that support its decision.
After careful review, the Commission finds that the proposed rule change, as amended, is consistent with the Act and the rules and regulations promulgated thereunder applicable to a national securities exchange and, in particular, with the requirements of Section 6(b).
The Exchange proposes to amend Exchange Rule 11.7 to explicitly codify criteria and procedures necessary to request a stay of committee action so that applicants are aware that they have a right to interim relief from committee decisions and to provide applicants with clear guidelines on how to request a stay. The Commission believes that the criteria proposed by the Exchange for evaluating the merits of a stay application, as described above, are similar to criteria that the Commission uses to access requests for stays in connection with petitions seeking review of a Commission order.
The Exchange proposes that applicants must request a stay by the earlier of ten business days after a committee renders its decision or forty-eight hours before the committee implements action. The Commission notes that the Exchange has represented that, at the time of the committee's decision, the applicant will be notified of the date when the committee will implement its action and will therefore be able to assess when he or she would need to file an application to request a stay.
The Exchange's proposal further permits its Board Appeals Committee to render its decision summarily based solely on the documents submitted in support of, and opposition to, the request for stay, and not on the underlying complaint. The Commission notes that the Exchange has represented that its Board Appeals Committee will notify the applicant if his or her request for a stay is denied and will provide the applicant with the grounds for such denial.
Consequently, the Commission believes that the Exchange's proposed criteria to request a stay of a committee action are clear and that they provide objective and uniform guidelines for applicants. The Commission finds that proposed guidelines for requesting a stay are consistent with the Act.
In addition, the Commission believes that requiring all applicants to pay a $500 fee to request a stay of committee action is appropriate because it covers the expense for the Exchange to process the applicant's application, and because it applies to all applicants uniformly regardless of whether the request for a stay is accepted or denied.
For the foregoing reasons, the Commission finds that the proposed rule change, as amended, is consistent with the Act and the rules and regulations thereunder applicable to a national securities exchange, and, in particular, with sections 6(b)(5)
It is therefore ordered, pursuant to section 19(b)(2) of the Act,
For the Commission, by the Division of Market Regulation, pursuant to delegated authority.
On June 21, 2002, the Philadelphia Stock Exchange, Inc. (“Phlx or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”)
The proposed rule change was published for comment in the
The Commission has carefully reviewed the Phlx's proposed rule change and finds that the proposal is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange,
The Commission notes that the Exchange adopted the Policy to establish procedures to govern the purchase or sale of a Phlx membership, foreign currency option (“FCO”) participation, or Philadelphia Board of Trade (“PBOT) membership, (each an “Exchange Seat” or a Seat”) by a Governance Member or Member Organization (“Covered Person”).
In addition, the Phlx has adopted an amendment to Phlx Rule 708,
The Commission believes that adopting the proposed amendments would accommodate both of these interests by allowing a Special Committee to review the facts surrounding a seat transaction and, if necessary, to impose conditions on the seat transaction in order to prevent or limit disclosure of Material Confidential Information of the Exchange to third parties.
The Commission believes that the Policy as specified in the Governance Members Code of Conduct, and Phlx Rule 708, as amended, should discourage fraudulent and manipulative acts and practices in connection with the purchase and sale of Exchange Seats by Covered Persons, who owe a fiduciary duty to the Exchange and its Members.
For the Commission, by the Division of Market Regulation, pursuant to delegated authority.
The Shipping Coordinating Committee (SHC) will conduct an open meeting at 9:30 a.m. on Wednesday, March 12, 2003 in Room 6103 of the U.S. Coast Guard Headquarters, 2100 Second Street, SW., Washington, DC 20593-0001. The primary purpose of the meeting is to prepare for the Eighth Session of International Maritime Organization (IMO) the Sub-Committee on Bulk Liquids and Gases to be held at the IMO Headquarters in London, England from March 24, 2003 to March 28, 2003.
The primary matters to be considered include:
Members of the public may attend this meeting up to the seating capacity of the room. For further information, please contact Commander J. M. Michalowski, at U.S. Coast Guard Headquarters, 2100 Second Street, SW., Washington, DC 20593-0001, telephone (202) 267-1217.
The Shipping Coordinating Committee (SHC) will conduct an open meeting at 2 p.m. on Monday, March 31, 2003, in Room 2415 of the United States Coast Guard Headquarters Building, 2100 2nd Street SW., Washington, DC, 20593-0001. The primary purpose of the meeting is to prepare for the 11th Session of the International Maritime Organization (IMO) Sub-Committee on Flag State Implementation to be held at IMO Headquarters in London, England from April 7th to 11th.
The primary matters to be considered include:
Members of the public may attend this meeting up to the seating capacity of the room. Interested persons may seek information by writing to Commander Linda Fagan, Commandant (G-MOC), U.S. Coast Guard Headquarters, 2100 Second Street SW., Room 1116, Washington, DC 20593-0001 or by calling (202) 267-2978.
The Shipping Coordinating Committee (SHC) will conduct an open meeting at 10 a.m. on Wednesday, April 23, 2003 in Room 2415 at U.S. Coast Guard Headquarters, 2100 Second Street, SW., Washington, DC. The purpose of this meeting is to prepare for the eighty-sixth session of the International Maritime Organization's (IMO) Legal Committee (LEG 86) scheduled from April 28 to May 2, 2003.
The provisional LEG 86 agenda calls for the Legal Committee to review proposed amendments to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 1988, and its Protocol of 1988 relating to Fixed Platforms Located on the Continental Shelf (SUA Convention and Protocol). The Committee will also examine the draft Wreck Removal Convention with the objective of having the draft ready for a Diplomatic Conference in the 2004-5 biennium. In addition, the Legal Committee will monitor the implementation of the International Convention on Liability and Compensation for Damage in Connection With the Carriage of Hazardous and Noxious Substances by Sea. The provisional LEG 86 agenda also indicates that documents relating to the topic of places of refuge, treatment of persons rescued at sea, and the code of practice for the investigation of crimes of piracy and armed robbery at sea may be submitted for the Legal Committee's consideration. Additionally, the provisional LEG 86 agenda allots time to address any other issues that may arise on the Legal Committee's work program.
Members of the public are invited to attend the SHC meeting up to the seating capacity of the room. To facilitate the building security process, those who plan to attend should call or send an e-mail two days before the meeting. Upon request, participating by phone may be an option. For further information please contact Captain Joseph F. Ahern or Lieutenant Vasilios Tasikas, at U.S. Coast Guard, Office of Maritime and International Law (G-LMI), 2100 Second Street, SW., Washington, DC 20593-0001; e-mail
Federal Aviation Administration (FAA), DOT.
Notice.
Under the provisions of Title 49, U.S.C. 47153(c), notice is being given that the FAA is considering a request from the Piedmont Triad Airport Authority to waive the requirement that a 169.20-acre parcel of surplus property, located at the Piedmont Triad International Airport, be used for aeronautical purposes.
Comments must be received on or before March 31, 2003.
Comments on this notice may be mailed or delivered in triplicate to the FAA at the following address: Atlanta Airports District Office, Attn: Tracie D. Kleine, Program Manager, 1701 Columbia Ave., Suite 2-260, Atlanta, GA 30337-2747.
In addition, one copy of any comments submitted to the FAA must be mailed or delivered to Mickie L.
Tracie D. Kleine, Program Manager, Atlanta Airports District Office, 1701 Columbia Ave., Suite 2-260, Atlanta, GA 30337-2747, (404) 305-7148. The application may be reviewed in person at this same location.
The FAA is reviewing a request by the Piedmont Triad Airport Authority to release 169.20 acres of surplus property at the Piedmont Triad International Airport. This fee simple title transfer of land to the North Carolina Department of Transportation (NCDOT) is for the purpose of providing Right-of-Way (ROW) for the relocation of a portion of Bryan Boulevard. Bryan Boulevard will be a multi-lane, limited access highway that will provide improved access to and from the airport and is required as part of the overall GSO master plan development. The proposed use of this property is compatible with airport operations.
Any person may inspect the request in person at the FAA office listed above under
Federal Aviation Administration, DOT.
Notice of temporary slot usage waiver at high density traffic airports.
This notice announces a five-day waiver of the minimum slot usage requirement at New York's John F. Kennedy and LaGuardia Airports and Washington's Reagan National Airport for the period February 15, 2003 through February 19, 2003, due to extended airport closures and the operational recovery from a major snow storm impacting much of the northeastern United States.
February 27, 2003.
Lorelei Peter, Operations and Air Traffic Law Branch, Regulations Division, Office of the Chief Counsel, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone number 202-267-3073.
On February 15, 2003, a major winter storm including snow and freezing rain began to impact operations at many airports in the eastern part of the United States, including the three high density traffic airports. This storm moved up the East Coast bringing significant snowfalls and resulted in airport closures or reduced airport capacity through Monday, February 17, 2003. On Tuesday, February 18, 2003, the airport authorities reopened all three high density airports and regular operations were resumed and on Wednesday, February 19, 2003, air traffic activity approached normal levels. However, on these two days, some airlines were unable to operate scheduled flights since aircraft or crews were not in position to operate the flights as scheduled.
The regulations governing slots and slot allocation provide that any slot not utilized at least 80 percent of the time over a 2-month period shall be recalled by the Federal Aviation Administration (FAA) (14 CFR 93.277(a)). Additionally, paragraph (j) of that section provides that the Chief Counsel may waive the slot usage requirement in the event of a highly unusual and unpredictable conditions that is beyond the control of the slot holder and exits for nine days or more (14 CFR 93.227(j)). These two provisions are also applicable to slot exemptions.
The FAA has determined the conditions described above warrant a temporary waiver of the minimum slot usage requirement for the period of February 15, 2003, through February 19, 2003, even though the conditions did not exceed eight days. Therefore, the FAA will treat as used any slot that was scheduled to operate during the period of the waiver regardless of whether the flight actually was operated. In the bi-monthly slot usage reports required by 14 CFR 93.227(i), slot holders/operators should indicate whether a flight was scheduled to operate in an allocated slot and whether the flight actually operated. Canceled flights should not be listed as operated unless they did in fact operate. Carrier may indicate that a flight was scheduled to operate in a particular slot, but was subsequently canceled during this period, by using the “Z” code that is normally applied to flights canceled due to airport deicing programs.
Alternatively, carriers may list impacted slots/flights in a separate report. The FAA will then apply the usage waiver as appropriate to slots meeting the conditions.
Federal Aviation Administration (FAA), DOT.
Monthly notice of PFC approvals and disapprovals. In January 2003, there were 15 applications approved. Additionally, 15 approved amendments to previously approved applications are listed.
The FAA publishes a monthly notice, as appropriate, of PFC approvals and disapprovals under the provisions of the Aviation Safety and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget Reconciliation Act of 1990) (Pub. L. 101-508) and Part 158 of the Federal Aviation Regulations (14 CFR part 158). This notice is published pursuant to paragraph d of § 158.29.
Lorna Sandridge, Central Region Airports Division, (816) 329-2641.
Commuters or small certificated air carriers filing Department of Transportation Form 298-C T1 or E1.
Susan Moore, Orlando Airports District Office, (407) 812-6331, extension 20.
Philip Cannon, Atlanta Airports District Office, (404) 305-7152.
Bill Farris, Orlando Airports District Office, (407) 812-6331, extension 25.
Suzanne Lee-Pang, Seattle Airports District Office, (425) 227-2654.
Gregory N. Sweeny, Chicago Airports
Tracie D. Kleine, Atlanta Airports District Office, (404) 305-7148.
Armando L. Rovira, Orlando Airports District Office, (407) 812-6331, extension 31.
G. Thomas Wade, Southwest Region Airports Division, (817) 222-5613.
Eric Vermeeren, Western Pacific Region Airports Division, (310) 725-3631.
Pavement rehabilitation—aprons/taxiways.
Miscellaneous airfield construction.
Maintenance facility addition—2000.
Gordon Nelson, Minneapolis Airports District Office, (612) 713-4358.
David S. Stelling, Helena Airports District Office, (406) 449-5271.
Suzanne Lee-Pang, Seattle Airports District Office, (425) 227-2654.
(1) Part 135 charter operators for hire to the general public; (2) Part 121 charter operators for hire to the general public; (3) non-signatory and non-scheduled air carriers.
Larry F. Clark, Beckley Airports Field Office, (304) 252-6212.
Patrick D. Vaught, Jackson Airports District Office, (601) 664-9885.
(
Federal Aviation Administration (FAA), DOT.
Notice of proposed policy; request for comments.
The Federal Aviation Administration (FAA) announces the availability of proposed policy on colored exit bands required by § 25.811(f)(1) and (2).
Send your comments on or before March 31, 2003.
Address your comments to the individual identified under
Michael T. Thompson, Federal Aviation Administration, Transport Airplane Directorate, Transport Standards Staff, Airframe and Cabin Safety Branch, ANM-115, 1601 Lind Avenue, SW., Renton, WA 98055-4056; telephone (425) 227-1157; fax (425) 227-1149; e-mail:
The proposed policy is available on the Internet at the following address:
The FAA invites your comments on this proposed policy. We will accept your comments, data, views, or arguments by letter, fax, or e-mail. Send your comments to the person indicated in
Use the following format when preparing your comments:
• Organize your comments issue-by-issue.
• For each issue, state what specific change you are requesting to the proposed policy.
• Include justification, reasons, or data for each change you are requesting.
We also welcome comments in support of the proposed policy.
We will consider all communications received on or before the closing date for comments. We may change the proposed policy because of the comments received.
The proposed policy will further simplify the certification process pertaining to installation of the required 2-inch colored band outlining the exits on transport category airplanes. These bands are necessary so that rescue personnel can readily recognize exits in the side of the fuselage.
Michelin North America, Inc., (MNA) has determined that approximately 504 size P225/55R17 BFGoodrich Comp T/A VR4 tires do not meet the labeling requirements mandated by Federal Motor Vehicle Safety Standard (FMVSS) No. 109, “New Pneumatic Tires.”
Pursuant to 49 U.S.C. 30118(d) and 30120(h), MNA has petitioned for a determination that this noncompliance is inconsequential to motor vehicle safety and has filed an appropriate report pursuant to 49 CFR part 573, “Defect and Noncompliance Reports.”
This notice of receipt of an application is published under 49 U.S.C. 30118 and 30120 and does not represent any agency decision or other exercise of judgment concerning the merits of the application.
FMVSS No. 109 (S4.3(e)) requires that each tire shall have permanently molded into or onto both sidewalls the actual number of plies in the sidewall, and the actual number of plies in the tread area if different.
The noncompliance with S4.3(e) relates to the sidewall markings. MNA's Ardmore, Oklahoma plant produced approximately 504 tires with incorrect markings during the period from October 3, 2002, through October 5, 2002. The noncompliant tires were marked: “Tread Plies: 1 Polyester + 2 Steel + 1 Nylon, Sidewall Plies: 1 Polyester.” The correct marking required by FMVSS No. 109 is as follows: “Tread Plies: 2 Polyester + 2 Steel + 1 Nylon, Sidewall Plies: 2 Polyester.”
MNA stated that the noncompliant tires were actually constructed with more polyester sidewall plies than indicated on the sidewall marking (2 polyester plies rather than the 1 indicated). Therefore, this noncompliance is particularly unlikely to have an adverse affect on motor vehicle safety and is clearly inconsequential in that regard. The noncompliant tires meet or exceed all performance requirements of FMVSS No. 109 and will have no impact on the operational performance or safety of vehicles on which these tires are mounted.
Interested persons are invited to submit written data, views, and arguments on the application described above. Comments should refer to the docket number and be submitted to: U.S. Department of Transportation, Docket Management, Room PL-401, 400 Seventh Street, SW., Washington, DC 20590. It is requested that two copies be submitted.
All comments received before the close of business on the closing date indicated below will be considered. The application and supporting materials, and all comments received after the closing date, will also be filed and will be considered to the extent possible. When the application is granted or denied, the notice will be published in the
Departmental Offices, Department of the Treasury.
Notice of termination of reporting requirements; instructions.
By this notice, the Department of the Treasury is informing the public that it will eliminate the following two forms: (1) Treasury International Capital Form BL-3 (OMB control number 1505-0088), Intermediary's Notification of Foreign Borrowing Denominated in Dollars, after respondents submit their final BL-3 reports as of end-January 2003; and (2) Treasury International Capital Form CM (OMB control number 1505-0023), Dollar Deposit and Certificate of Deposit Claims on Banks Abroad, after respondents submit their final CM reports as of end-January 2003. Upcoming revisions to other Treasury International Capital forms obviate the need to continue these two forms. This notice constitutes legal notification to all United States persons (defined below) who meet the reporting requirements for the two forms.
Direct all written comments to Dwight Wolkow, International Portfolio Investment Data Systems, Department of the Treasury, Room 4410-1440NYA, 1500 Pennsylvania Avenue, NW., Washington, DC 20220. In view of possible delays in mail delivery, please also notify Mr. Wolkow by email (
Fish and Wildlife Service, Interior.
Final rule.
We, the U.S. Fish and Wildlife Service (Service), designate critical habitat pursuant to the Endangered Species Act of 1973, as amended (Act), for 83 of the 95 species known historically from the Hawaiian islands of Kauai and Niihau. A total of approximately 21,266 hectares (ha) (52,549 acres (ac)) of land on the island of Kauai and 144 ha (357 ac) of land on the island of Niihau fall within the boundaries of the 217 critical habitat units designated for the 83 species. This critical habitat designation requires the Service to consult under section 7 of the Act with regard to actions carried out, funded, or authorized by a Federal agency. Section 4 of the Act requires us to consider economic and other relevant impacts when specifying any particular area as critical habitat. This rule also determines that designating critical habitat would not be prudent for seven species. We solicited data and comments from the public on all aspects of the proposed rule, including data on economic and other impacts of the designation.
This rule becomes effective on March 31, 2003.
Comments and materials received, as well as supporting documentation, used in the preparation of this final rule will be available for public inspection, by appointment, during normal business hours at U.S. Fish and Wildlife Service, Pacific Islands Office, 300 Ala Moana Blvd., Room 3-122, P.O. Box 50088, Honolulu, HI 96850-0001.
Paul Henson, Field Supervisor, Pacific Islands Office at the above address (telephone 808/541-3441; facsimile 808/541-3470).
In the Lists of Endangered and Threatened Plants (50 CFR 17.12), there are 95 plant species that, at the time of listing, were reported from the islands of Kauai and/or Niihau (Table 1). Fifty-seven of these species are endemic to the islands of Kauai and Niihau, while 38 species are reported from one or more other islands, as well as Kauai and/or Niihau. Each of these species is described in more detail below in the section, “Discussion of Plant Taxa.” Although we considered designating critical habitat on Kauai for each of the 95 plant species, for the reasons described below, the final designation includes critical habitat for 83 of 95 plant species. Species that also occur on other islands may have critical habitat designated on other islands in subsequent rulemakings.
Because of its age and relative isolation, Kauai has levels of floristic diversity and endemism that are higher than on any other island in the Hawaiian archipelago. However, the vegetation on Kauai has undergone extreme alterations because of past and present land use. Land with rich soils was altered by the early Hawaiians and, more recently, converted to agricultural use or pasture. Intentional or inadvertent introduction of nonnative plant and animal species has also contributed to the reduction of native vegetation on the island of Kauai. Native forests are now limited to the upper elevation mesic (moist) and wet regions within Kauai's Conservation District. The land that supports the habitat essential to the conservation of the 83 plant taxa is owned by various private parties, the State of Hawaii (including State parks, forest reserves, natural area reserves, and a wilderness area), and the Federal government. Most of the taxa included in this final rule persist on steep slopes, precipitous cliffs, valley headwalls, and other regions where unsuitable topography has prevented agricultural development, or where inaccessibility has limited encroachment by nonnative plant and animal species (Gagne and Cuddihy 1999).
Niihau's relative isolation and severe environmental conditions have produced a few endemic species. Unfortunately, human disturbance, primarily ungulate ranching, has drastically changed the vegetation and hydrological parameters of the island, leaving few of the native vegetation communities. Niihau has been privately owned since 1864 and access has been, and continues to be, restricted (Department of Geography 1998). Therefore, current information on plant locations and population status is extremely limited.
This species has been observed with fruits during February. No additional life history information for this species is currently known (Service 1998a).
Historically,
The major threats to this species are competition from the aggressive nonnative plant species
Historically,
The major threats to this species are destruction of habitat by feral pigs and goats (
Current reproduction is not thought to be sufficient to sustain populations of this species, with poor seedling establishment due to competition with nonnative grasses as the limiting factor. Pollination by native sphingid moths (Sphingidae family) is likely; however, pollination failure is common, due to either a lack of pollinators or a reduction in genetic variability. The flower structure appears to favor out-crossing (pollination between different parent plants). Some vegetative cloning has been observed and flower and leaf size appear to be dependent on moisture availability. Seeds of this species are undoubtedly dispersed by gravity. Although they may be blown for short distances, they are not adapted for wind dispersal, being ovoid to ellipsoid, smooth, and lacking any sort of wing or outgrowth (Service 1995; 59 FR 9304).
Historically,
The major threats to this plant are browsing and habitat degradation by feral goats; human disturbance; fire; the introduced carmine spider mite (
Little is known about the life history of
Historically,
The major threats to this species are competition from nonnative plants, such as
Little is known about the life history of
Historically,
This species typically grows in pockets of soil on sheer wet rock cliffs and waterfalls in lowland wet forests at elevations between 182 and 1,212 m (597 and 3,976 ft). Associated native plant species include ferns,
The major threats to this species are a risk of extinction from naturally occurring events, such as hurricanes
Little is known about the life history of
Historically,
The major threats to this species are bark removal and other damage by rats; habitat degradation by feral pigs; browsing by goats; unidentified slugs that feed on the stems; and competition with the nonnative plant species
Little is known about the life history of
Currently, there are seven known occurrences with approximately 394 to 484 individuals among them on the island of Kauai.
The major threats to this species are competition with the nonnative plant species
Native members of the Campanulaceae (bellflower) family, including the genus
Historically,
The primary threats to this species include competition with the nonnative plant species
Little is known about the life history of
Historically,
The major threats to this species are competition with nonnative plant species such as
Little is known about the life history of
Historically,
This species typically grows along streambanks in lowland wet forests at elevations between 208 and 1,594 m (681 and 5,228 ft). Associated native plant species include
The major threats to this species are competition from nonnative plant species (
Little is known about the life history of
Historically,
This species generally grows in well-drained soils with medium or fine-textured subsoil in
The major threats to this species are predation and/or habitat degradation by mule deer (
Little is known about the life history of
Historically,
The major threats to this species are competition with the encroaching nonnative plant
Little is known about the life history of
This species grows on bare granular soil with dry to mesophytic leaf litter with a pH of 6.9 to 7.9 on steep talus slopes in lowland mesic forests at elevations between 445 and 1,027 m (1,460 and 3,371 ft). Associated native plant species include
The major threats to this species include competition with the nonnative plants
Individual plants of this species do not appear to be able to fertilize themselves. Since at least some individuals of
Historically,
This species typically grows on gentle to steep slopes in well drained soil in semi-open or closed, diverse montane mesic forest dominated by
The threats to this species include competition from the nonnative plants
Few details are known about the life history of any
Historically and currently, this species is found only on State (including the Lihue-Koloa Forest Reserve) and privately owned lands in the Wahiawa drainage on Kauai. There are four occurrences containing 42 individual plants (GDSI 2000; HINHP Database 2000).
These populations are found in
The threats to this plant include direct competition with nonnative plant species such as
Little is known about the life history of
Historically,
This species is found at elevations between 361 and 1,465 m (1,183 and 4,808 ft) in wet places bordering swamps or open bogs and on open, dry ridges in lowland or montane mesic
The major threats to this species are feral goats and pigs; competition with the nonnative plants
Little is known about the life history of
Currently, there are a total of eleven occurrences, containing approximately 227 to 292 individuals, on State-owned land in Nualolo Valley, Nualolo Kai, Kaahole Valley, Keawanui, Kawaiula Valley, Milolii Spring, Makaha Point, Polihale Spring, Kalepa Valley, and Nakeikionaiwi Caves within the Na Pali Coast State Park and Puu Ka Pele Forest Reserve (GDSI 2000; HINHP Database 2000).
This plant grows in the crevices of north-facing, near-vertical coastal cliff faces within the spray zone in sparse dry coastal shrubland at elevations between 0 and 187 m (0 and 613 ft). Associated native plant species include
The major threats to this species are herbivory and habitat degradation by feral goats; competition from nonnative plant species, especially
Almost no mature fruits develop, and it is possible that
Historically,
Threats to the species include nonnative plants, feral goats, rats, landslides, and erosion (Service 1994).
Flowering material has been collected in March, April, and September, but no fruit set has been observed in spite of efforts to manually outcross the flowers. A museum specimen of a flower contains three adult Nitidulidae (sap) beetles, probably an endemic species. The damage by these larvae may be responsible for the observed lack of fruit set in
Major threats to
Little is known about the life history of
Historically,
The major threats to this species are herbivory and habitat degradation by feral pigs; competition from the nonnative plant species
Little is known about the life history of
Historically,
Major threats to
Little is known about the life history of
Historically,
Competition with and habitat degradation by invasive nonnative plant species, substrate loss from erosion, habitat degradation and browsing by feral goats and deer, and seed predation by rats are the major threats affecting the survival of
Immature fruits were seen on two plants during surveys in 1991 and 1992 by botanists from NTBG, and remnants of old fruiting bodies were seen on another, suggesting that the plants are able to self-fertilize. It is also suspected that the fruits of this species are adapted for bird dispersal. Due to a lack of bird or other native pollinators, pollination may be inhibited. Microhabitat requirements for seed germination and growth may also be extremely specific. Virtually nothing is known about the life history or ecology of this species (Service 1994).
This species was originally known from the Wahiawa drainage, Waioli Stream Valley, and Makaleha Mountains on Kauai.
Competition from nonnative plants poses the greatest threat to the survival of
Little is known about the life history of
The primary threats to the remaining individuals of
Little is known about the life history of
Historically and currently,
This species grows most often in moderate shade to full sun and is usually found on the sides of steep gulches in diverse lowland mesic forests at elevations between 436 and 947 m (1,432 and 3,108 ft). Associated native plant species include
Major threats to
Little is known about the life histories of
Historically,
The major threats to both varieties of
Little is known about the life history of
This species grows on eroded soil on a precipitous, shrub-covered gulch in a diverse lowland forest at elevations between 44 and 460 m (145 and 1,509 ft) with
The major threats to
Little is known about the life history of
For 62 years,
Habitat degradation by feral goats and competition with invasive nonnative plant species are the major threats to
Little is known about the life history of
This species is threatened by nonnative plants and habitat disturbance by feral pigs; over-collecting for scientific purposes; extinction from naturally occurring events, such as landslides or hurricanes; and/or reduced reproductive vigor due to the dearth of individuals (Service 1994).
Reproduction occurs year-round, with flowers and fruits found throughout the year. Self-pollination is assumed to occur since viable seeds have been produced by isolated individuals. Pollinators have not been observed, but insect pollination is likely. Dispersal mechanisms are unknown (Service 1995).
Historically,
The threats to
Little is known about the life history of
Historically,
Competition with nonnative plants, such as
Although plants of this long-lived perennial species have been observed flowering, they rarely set fruit. This could be the result of a loss of pollinators, reduced genetic variability, or an inability to fertilize itself. Little else is known about the life history of
Historically,
This species generally grows in rich soil on steep slopes in mesic or wet forest dominated by
Competition with nonnative plants (such as
Little is known about the life history of this species. Reproductive cycles,
Primary threats to
Little is known about the life history of
Until 1993,
Major threats to
Little is known about the life history of
Historically,
This species typically grows in
Habitat destruction by feral goats, erosion, and competition with introduced grasses are the major threats to
Seeds were observed in the wild in August 1993. No additional life history information for this species is currently known (Service 1998a).
This species grows at elevations between 398 and 1,284 m (1,306 and 4,212 ft) in
Major threats to
Little is known about the life history of
Historically, this species was found in Olokele Gulch on Kauai. Currently, there is a total of six occurrences with approximately 268 individuals on State-owned land in the right and left branches of Kalalau Valley, Awaawapuhi Valley, Kuia Valley, and Kauhao Valley within the Kuia NAR, Na Pali Coast State Park, Na Pali-Kona Forest Reserve, and Waimea Canyon State Park (GDSI 2000; HINHP Database 2000; O'Connor 1999; K. Wood,
This species typically grows on cliffs or rock faces in lowland or montane mesic
Little is known about the life history of
Historically, this species was known from the following areas on the island of Kauai: the rim of Kalalau Valley; Halemanu Ridge, Kumuwela Ridge, and Kauaikanana drainage; Awaawapuhi Trail; Kohua Ridge/Mohihi drainage; and Kaholuamanu. Hillebrand's (1888) reference to a Maui locality is most likely an error. Currently, there is a total of nine occurrences with 1,321 individuals on State-owned land.
The greatest immediate threats to the survival of
Little is known about the life history of
Historically,
The primary threat to the survival of
Little is known about the life history of
Historically,
The species is threatened by habitat degradation and/or herbivory by cattle, feral pigs, and feral goats and seed predation by rats. Small population size, limited distribution, and reduced reproductive vigor makes this species particularly vulnerable to extinction (61 FR 41020).
Little is known about the life history of
Major threats to
Historically,
This species is found in
Little is known about the life history of
Historically,
This species is typically found in diverse mesic or
The major threats to
Seedlings of this species have not been observed. Flowers have been observed in April, May, June, and August, and are probably insect-pollinated. Seeds are probably wind or water-dispersed.
Historically, this species was found at Koaie, Mohihi, Kalalau, Makaha, Nualolo, Kawaiula, Kuia, Honopu, Awaawapuhi, Kopakaka, and Kauhao on Kauai. There are currently 17 known occurrences with a total of 106 to 114 individuals on State-owned land. They occur in Hipalau Valley, Awini Valley, Koaie Canyon, Mohihi Stream, the left branch of Kalalau Valley, Awaawapuhi and Nualolo Valleys, Kuia and Kawaiula Valleys, Makaha Valley, Kauhao Valley, and Kaulaula Valley within the Alakai Wilderness Preserve, Kuia NAR, Na Pali Coast State Park, Na Pali-Kona Forest Reserve, Puu Ka Pele Forest Reserve, and Waimea Canyon State Park (GDSI 2000; HINHP Database 2000; K. Wood,
The primary threats to
Seedlings of this species have not been observed. Flowers have been observed in April through August and are probably insect-pollinated. Seeds are probably wind or water-dispersed.
The primary threats to
Some individuals of
The restriction of this species to inaccessible cliffs suggests that goat herbivory may have eliminated it from more accessible locations. The greatest current threat to the survival of
Three plants have been observed flowering in February. No additional life history information for this species is currently known (Service 1998a).
Competition with the nonnative plant
Little is known about the life history of this taxon. Fruit and flowers have been observed in July through September. There is no evidence of regeneration from seed under field conditions. Reproductive cycles, longevity, specific environmental requirements and limiting factors are unknown (Service 1998a).
Historically,
Threats to
Research suggests that this species largely requires outcrossing for successful germination and survival to adulthood. Pollinators for
This species is typically found on cliffs and cliff bases in mesic or wet habitats in lowland or montane shrubland or forest communities dominated by
Habitat degradation by feral goats, pigs, and deer; competition with the nonnative plant species
Little is known about the life histories of either
Historically,
Both varieties of
The major threats to
Plants have been observed flowering in February. Little else is known about the life history of
Historically,
The primary threats to this species include habitat degradation and herbivory by feral pigs and goats, competition with the nonnative plants
Little is known about the life history of
The restriction of this species to virtually inaccessible cliffs suggests that herbivory by feral goats may have eliminated it from more accessible locations. Goat herbivory and habitat degradation remain the primary threat. Feral pigs have disturbed vegetation in the vicinity of these plants. Erosion caused by feral goats or pigs exacerbates the potential threat of landslides.
Little is known about the life history of
Historically,
This species is found in
Threats to
The primary threats to
This species is probably pollinated through outcrossing and is probably self-incompatible. Insects are the most likely pollinators. In 1982, Carr reported that reproduction and seedling establishment were occurring and appeared sufficient to sustain the populations. Flowering has been observed most often in the winter months, but also during June. Fruits may be dispersed when they stick to the feathers of birds. Densities reach one plant per sq m (approximately one sq yard) in localized areas, and hybridization with
First collected in 1968 on Polihale Ridge, Kauai, this species was not formally described until 1971 (St. John 1971). Currently, there are nine occurrences with a total of 406 to 471 individuals. This species occurs on State-owned lands within the Hono o Na Pali NAR, Na Pali Coast State Park, and Puu Ka Pele Forest Reserve and on land under Federal jurisdiction within the Pacific Missile Range Facility (PMRF) at Makaha Ridge. The plants occur in Milolii Valley, Makaha Ridge, Haeleele Ridge, Kaaweiki Ridge, Polihale Spring, Pohakumano, and Pohakuao (GDSI 2000; HINHP Database 2000).
The greatest immediate threats to the survival of this species are habitat disturbance and browsing by feral goats. Although the low number of individuals and their restricted habitat could be considered a potential threat to the survival to the species, the plant appears to have vigorous reproduction and may survive indefinitely if goats were eliminated from its habitat. Fire and extinction through naturally occurring events, such as landslides or hurricanes, could also be threats to the survival of the species (Service 1995; 57 FR 27859).
Little is known about the life history of
Historically,
The small number of individuals and scattered distribution make this species vulnerable to human or natural environmental disturbance.
Little is known about the life history of Acaena exigua. Its flowering cycles, pollination vectors, seed dispersal agents, longevity, specific environmental requirements, and limiting factors are unknown (Service 1997).
Historically,
The reason for the disappearance of this species is not known. Although impacts from herbivory and rooting by pigs are assumed and often cited, feral pigs have become established at Waialeale (Kauai) only within the past two decades. The main current threats to
Historically,
Nothing is known of the preferred habitat of or native plant species associated with
Nothing is known of the threats to
Little is known about the life history of
Historically,
This epiphytic species usually growing on
The threats to this species on Kauai include habitat degradation by feral pigs and goats and competition with the nonnative plant
The habitat of
Little is known about the life history of
Historically,
The primary threats to this species on Kauai include habitat degradation and possible predation by feral pigs and goats, deer, and cattle; competition with a variety of nonnative plants; and fire (59 FR 56333).
Historically and currently,
The major threats to this species on Kauai include habitat degradation by feral goats and cattle; competition from the nonnative plant species
Little is known about the life history of
Historically,
This species is found on rock faces in gulches in the forest understory at
The primary threats to
Little is known about the life history of
Historically,
On Kauai, the threats to this species are the loss of wetlands and a risk of extinction from naturally occurring events, such as landslides or hurricanes, due to the small number of populations. The threats on Niihau are unknown (Service 1999; 61 FR 53108).
On the island of Hawaii,
Historically and currently,
The threats to this subspecies on Kauai are feral goats, pigs, and cattle; small population size; competition with the nonnative plants
Little is known about the life history of
Historically,
This species is found in brown granular soil with leaf litter and occasional terrestrial moss on north-facing slopes in deep shade on steep slopes or gulch bottoms in
The major threats to
Little is known about the life history of
Historically,
This species occurs in brown soil with basalt outcrops near waterfalls in lowland or montane mesic
The primary threats on Kauai are habitat degradation by feral goats and pigs and competition with nonnative plant species (HINHP Database 2000; Service 1998a; 59 FR 49025).
Individual trees of
Threats to this species on Kauai include habitat degradation and destruction by deer, feral goats, and pigs; seed predation by rats; fire; and competition with nonnative plants (Service 1999; 61 FR 53108).
Individual trees of
Historically,
The threats to this species on Kauai include the black twig borer; habitat degradation by feral pigs, goats, deer, and cattle; competition with nonnative plant species; fire; small population size; depressed reproductive vigor; and a potential threat of fruit predation by rats (HINHP Database 2000; Service 1999; 59 FR 56333).
Historically,
This species typically grows on rocky ledges, cliff faces, and ridge tops in dry shrubland or
Threats to
Little is known about the life history of
Historically,
This species generally grows in streambeds or on steep cliffs close to water sources in relict
The threats to this species on Kauai are risk of extinction from naturally occurring events, such as landslides or hurricanes, and/or reduced reproductive vigor due to the small number of individuals in the only known population; flooding; competition with nonnative plants; and habitat modification by feral pigs and goats (HINHP Database 2000; Service 1995; 59 FR 9304).
Historically,
Nothing is known of the preferred habitat of or native plant species associated with
Nothing is known of the threats to
Additional information on the life history of this plant, its reproductive cycles, longevity, specific environmental requirements, and limiting factors is generally unknown (Service 1996).
Historically,
The habitat of
Threats to
Little is known about the life history of
Historically,
The primary threats to
Little is known about the life history of
Historically and currently,
The major threats to
During periods of drought, this species drops all but the newest leaves. After sufficient rain, the plants produce flowers with seeds ripening one to two months later. No other life history information is currently known for this species (Service 1996).
Information on the physical and biological features that are essential to the conservation of
Information on the threats of
Historically,
On Kauai, the major threats to this species are habitat degradation and browsing by feral goats and competition from nonnative plants (56 FR 55770).
Little is known about the life history of
Historically,
This species typically grows on mossy banks at the base of cliff faces within the spray zone of waterfalls or along streams in lowland wet forests at elevations between 177 and 1,308 m (581 and 4,290 ft). Associated native plant species include
The major threats to
Historically,
Threats to
Little is known about the life history of
Historically and currently,
The major threats to
Little is known about the life history of
Historically and currently,
The major threats to
Little is known about the life history of
Historically and currently,
This species grows on cliff habitats in mixed shrub coastal dry cliff communities or diverse mesic forest at elevations between 0 and 1,232 m (0 and 4,041 ft). Associated native plant species include
The major threats to
Little is known about the life history of
Historically,
Nothing is known of the preferred habitat of or native plant species associated with
Nothing is known of the threats to
Historically,
The primary threat to
Little is known about the life history of this plant. Reproductive cycles, longevity, specific environmental requirements, and limiting factors are generally unknown. However, individuals have been observed in fruit from April through September (Service 1999).
Historically,
The primary threats to both species of
Little is known about the life history of
Historically,
The primary threats to
Little is known about the life history of
Historically,
The pollination biology of
Currently,
The primary threats to
Little is known about the life history of
The historical range of
Nothing is known of the preferred habitat of or native plant species associated with
Nothing is known of the threats to
Little is known about the life history of
Historically,
Nothing is known of the preferred habitat of or native plant species associated with
Nothing is known of the threats to
Little is known about the life history of
Historically,
This species is typically found under forest canopies at elevations between 445 and 1,290 m (1,460 and 4,232 ft) in diverse lowland or montane
The major threats to populations of
Little is known about the life history of
Historically,
The primary threats to
Little is known about the life history of
Historically,
Nothing is known of the preferred habitat of or native plant species associated with
Nothing is known of the threats to
Little is known about the life history of
Historically,
The threats to
A summary of occurrences and landownership for the 95 plant species reported from the islands of Kauai and Niihau is given in Table 2.
Federal action on these plants began as a result of section 12 of the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531
General comments received in response to the 1976 proposal were summarized in an April 26, 1978,
At the time each of the 95 plants was listed, we determined that designation of critical habitat was not prudent because it would not benefit the plant or would increase the degree of threat to the species. The “not prudent” determinations for these species, along with others, were challenged in
On August 10, 1998, the court ordered us to publish proposed critical habitat designations or nondesignations for at least 100 species by November 30, 2000, and to publish proposed designations or nondesignations for the remaining 145 species by April 30, 2002 (
On November 30, 1998, we published a notice in the
On October 5, 1999, we contacted landowners on the islands of Kauai and Niihau, notifying them of our requirement to designate critical habitat for 95 plant species. We included a copy of the November 30, 1998,
On November 7, 2000, we published the first of the court-ordered proposed critical habitat designations or nondesignations for 76 Kauai and Niihau plants (65 FR 66808). The proposed critical habitat designations for Maui and Kahoolawe plants were published on December 18, 2000 (65 FR 79192), for Lanai plants on December 27, 2000 (65 FR 82086), and for Molokai plants on December 29, 2000 (65 FR 83158). All of these proposed rules had been sent to the
In the November 7, 2000 proposed rule, we proposed designation of critical habitat on approximately 24,539 ha (60,636 ac) of land on the islands of Kauai and Niihau. The publication of the proposed rule opened a 60-day public comment period, which closed on January 7, 2001. On January 18, 2001, we published a notice (66 FR 4782) announcing the reopening of the comment period until February 19, 2001, on the proposed rule and a notice of a public hearing. On February 6, 2001, we held a public hearing at the Radisson Kauai Beach Resort in Lihue, Kauai. On March 7, 2001, we published a notice (66 FR 13691) announcing the reopening of the comment period and the availability of the draft economic analysis for the proposed rule. This third public comment period was open until April 6, 2001.
On October 3, 2001, we submitted a joint stipulation with Earthjustice to the U.S. District Court requesting extension of the court order for the final rules to designate critical habitat for plants from Kauai and Niihau (July 30, 2002), Maui and Kahoolawe (August 23, 2002), Lanai (September 16, 2002), and Molokai (October 16, 2002), citing the need to revise the proposals to incorporate or address new information and comments received during the comment periods. The joint stipulation was approved and ordered by the court on October 5, 2001.
On January 28, 2002, in the revised proposed rule, we published proposed prudency determinations for 95 plant species from Kauai and Niihau (67 FR 3940). Many of these proposed prudency determinations were incorporated from previous proposals. We also proposed that critical habitat is prudent for four species (
In addition, critical habitat for 83
Because
The publication of the revised proposed rule opened a 60-day public comment period, which closed on March 29, 2002. On February 11, 2002, we published a correction notice (67 FR 6214) correcting information contained in the January 28, 2002, revised proposal pertaining to the notice of a public hearing. On February 13, 2002, we held a public hearing at the Radisson Kauai Beach Resort in Lihue, Kauai. On May 28, 2002, we published a notice (67 FR 36851) announcing the availability of the draft economic analysis for the designation of critical habitat for 83 Kauai plants and reopening the public comment period until June 27, 2002. On August 26, 2002, we published a notice (67 FR 54766) reopening the public comment period until September 30, 2002. On July 11, 2002, we submitted joint stipulations with Earthjustice to the U.S. District Court requesting extension of the court orders for the final rules to designate critical habitat for plants from Lanai (December 30, 2002), Kauai and Niihau (January 31, 2003), Molokai (February 28, 2003), Maui and Kahoolawe (April 18, 2003), Oahu (April 30, 2003), the Northwestern Hawaiian Islands (April 30, 2003), and the island of Hawaii (May 30, 2003), citing the need to conduct additional review of the proposals, address comments received during the public comment periods, and to conduct a series of public workshops on the proposals. The joint stipulations were approved and ordered by the court on July 12, 2002. On September 3 and 4,
On January 9, 2003, we determined that critical habitat was prudent for the following 15 species:
We received a total of 20 oral and 2,740 written comments during the three comment periods. These included responses from 7 State offices, 5 public officials, and 70 private organizations or individuals. Of the written comments, we received approximately 680 letters by facsimile and 1,998 electronic letters by e-mail, which stated general support for the proposed critical habitat designations, but that did not provide substantive comments. Of the other 82 comments, nine supported the designation, 60 were opposed to it, and 13 provided information but did not state a position on the designation. We reviewed all comments received for substantive issues and new information regarding critical habitat and the Kauai and Niihau plants. Similar comments were grouped into nine general issues relating specifically to the proposed critical habitat designations and the draft economic analysis on the proposed determinations. These are addressed in the following summary.
In accordance with our policy published on July 1, 1994 (59 FR 34270), we solicited independent opinions from 23 knowledgeable individuals with expertise in one or several fields, including familiarity with the species, the geographic region, or the principles of conservation biology. We received comments from eight. All eight generally supported our methodology and conclusion, but none expressed a position for or against the designation of critical habitat. Comments received from the peer reviewers are summarized in the following section and incorporated into the final rule.
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We realize that smaller areas will most likely require more management to maintain the plant populations and their habitat, but in many cases they are the only areas with the primary constituent elements needed for each species. We concur on the importance of protecting the ecosystems on which these species depend, as stated in purpose of the Act (section 2(b)), and of managing areas large enough to maintain and expand populations. We considered the importance of this, as well as the location of primary constituent elements, when delineating the boundaries of critical habitat for these final designations of critical habitat. We included areas that provide the biological and other processes that are essential for the conservation of the species. We acknowledge the potential negative impacts of edge effects on small habitat fragments. However, these species' primary constituent elements are found only within the areas that were designated critical habitat, and making them larger would add areas that lack the primary constituent elements. All of the changes in critical habitat from the first proposal, through the second, to this final, are based on the best available information received during comment periods, and are based on biological issues, not political or social issues. If new information becomes available indicating the existing critical habitat designations are not essential for the conservation of the species and/or that other areas are, we may propose revised designations for those species at that time.
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To a property owner, the designation of critical habitat becomes important when viewed in the context of section 7 of the Act, which requires all Federal agencies to ensure, in consultation with the Service, that any action authorized, funded, or carried out by the agency does not result in the destruction or adverse modification of designated critical habitat. If, after consultation, our biological opinion concludes that a proposed action is likely to result in the destruction or adverse modification of critical habitat, we are required to suggest reasonable and prudent alternatives to the action which would avoid the destruction or adverse modification of the critical habitat (16 U.S.C. 1536(b)(3)(A)). If we cannot suggest acceptable reasonable and prudent alternatives, the agency (or the applicant) may apply for an exemption from the Endangered Species Committee under section 7(e)-(p) of the Act.
The mere promulgation of a regulation, like the enactment of a statute, does not take private property unless the regulation on its face denies the property owners all economically beneficial or productive use of their land (
We are aware of relatively few activities in the proposed critical habitat areas for these 83 plants that have Federal involvement, and thus, would require consultation or reinitiation of already completed consultations for on-going projects. We are not aware of any commercial activities on the Federal lands included in these proposed critical habitat designations.
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The Service administers several programs aimed at providing incentives for landowners to conserve endangered and threatened species on their lands, one of which is the Endangered Species Landowner Incentive Program, which was first funded by Congress in fiscal year 1999. Under this program, the Service provides technical assistance and funding to landowners for carrying out conservation actions on their lands. In the first year alone, 145 proposals totaling $21.1 million competed for $5 million in grant money. Additional information on landowner incentive programs administered by the Service may be found on our website
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Access to Federal lands that are designated as critical habitat is not restricted unless access is determined to result in the destruction or adverse modification of the critical habitat. If we determine that access will result in such destruction or adverse modification, we will suggest reasonable or prudent alternatives.
Activities of the State or private landowner or individual, such as farming, grazing, logging, and gathering, generally are not affected by a critical habitat designation, even if the property is within the geographical boundaries of the critical habitat. A critical habitat designation has no regulatory effect on access to State or private lands. Recreational, commercial, and subsistence activities, including hunting, on non-Federal lands are not regulated by this critical habitat designation, and may be impacted only where there is Federal involvement in the action and the action is likely to destroy or adversely modify critical habitat.
The Service actively seeks input and participation from the public in development and implementation of recovery plans for endangered and threatened species and believes that it is only through such active participation by the public that we will be able to recover these plants.
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Following publication of the revised proposal in January 2002, we met with DOFAW on numerous occasions and conducted several site assessment surveys to evaluate habitat that meets the legal requirements of the Act and takes into account the on-the-ground knowledge of DOFAW's biologists and land managers. As a result of the assessment surveys and information provided to us by Kauai DOFAW staff we excluded non-essential areas that did not contain primary constituent elements. In addition, we received important information from Kauai DOFAW staff that enabled us to refine the final critical habitat designations to meet the conservation needs of the species.
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Several commenters also stated the following: The Service has taken the position in other states that it has a right to intervene in local land use proceedings if they affect endangered species on private property, as evidenced by the Service's petition to the local zoning board in Arizona to postpone approval of a rezoning petition pending a survey to determine the extent to which an endangered plant was present on the property even though no Federal approval was being sought. That the Service does not address these activities in the DEA is a fundamental error of the analysis.
However, there are no planned development projects that will require State and county development approvals and are located in critical habitat, as modified in this final rule. The following factors make future development projects in the proposed critical habitat highly unlikely: (1) As modified, 99 percent of the proposed critical habitat is in Conservation District where development is severely limited; (2) almost all of the remaining agricultural land is on Niihau in an area not subject to development pressure; and (3) all of the land in the Urban District is on steep ocean cliffs that cannot support development. Thus, the probability that the Service will intervene in State and county development approvals is regarded as negligible because there is no development planned and almost no development potential in critical habitat.
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Chapter VI, section 3.i. of the DEA discusses the potential for additional hydropower development in the areas proposed as critical habitat. Since the publication of the DEA, information regarding a hydropower diversion and powerhouse in the upper Wainiha Valley was made available. This hydropower plant was proposed in the 1980's, but due to the landowner's capital limitations at the time, it was not constructed. There are no current plans to continue to investigate the feasibility of the project, but the potential for future development adds to the land value of the Upper Wainiha Valley. However, the area planned for the diversion, powerhouse, and other project elements are no longer included in critical habitat as modified. As such, no costs associated with future hydropower development potential are anticipated.
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Furthermore, development of a new hydropower plant would still be possible even if the hydropower plant was located upstream or within critical habitat. If the project had Federal involvement, and the Federal action agency determined the project may affect critical habitat or listed species, the Federal action agency would enter into section 7 consultation with the Service. The section 7 consultation process is described in detail in Chapter III of the DEA.
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None of the plants for which critical habitat is designated on Kauai or Niihau in this final rule are aquatic. These plants rely on rainwater that percolates down through the substratum and is absorbed by the plant's roots. Thus, local rainfall and localized surface runoff are the critical factors that affect the habitat of the listed plants. In addition, water infrastructure, including irrigation systems, are considered manmade features and therefore would not be included in critical habitat pursuant to the rule, because these features and structures normally do not contain, and are not likely to develop, any primary constituent elements. Thus, unless its operation and maintenance would indirectly affect critical habitat, which is not anticipated, it should not be affected by section 7 of the Act. (See comment 7.m. of the Economic Analysis for a discussion of the impacts of the proposed designation on potential new water diversions.)
We are unable to find documentation of extinction of Hawaiian plants due to water diversions and are unable to comment on the speculation that people who oppose all water diversions on principle will challenge any future or current diversions by contending that diverting water from endangered plants risks driving them to extinction.
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A listed species is delisted when it is recovered or has gone extinct. Recovery is defined as no longer needing the protections provided by the Endangered Species Act, including critical habitat. As such, when a species is delisted, its critical habitat would also be “undesignated.” Furthermore, as indicated by the DEA, many landowners and managers do not have specific plans for projects beyond 10 years, and forecasts of future economic activity are based on current socio-economic trends and the current level of technology, both of which are likely to change over the long term. However, information available in documents with planning horizons that are longer than 10 years such as the Kauai Planning Department's Kauai General Plan (2002), and the State Department of Transportation Kauai Long Range Land Transportation Plan (1997) are considered in the preparation of the DEA and the Addendum.
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The Act does not obligate landowners to manage their land to protect critical habitat, nor would landowners and managers be obligated under the Act to participate in projects to recover a species for which critical habitat has been established. However, the DEA and the Addendum discuss the potential mandate for conservation management pursuant to litigation and the resulting costs for the proposed designation on Kauai. The cost of conservation management for the critical habitat as modified could be approximately $1.8 million per year. However, there is an undetermined probability that this impact will occur.
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The inclusion of these features and structures in the critical habitat boundaries could indirectly affect the activities associated with the existing features due to an increase in State and county environmental review. However, any additional delays or modifications as a result of the increased State and county review are anticipated to be negligible because manmade features and structures do not contain the primary constituent elements for the listed plants.
The DEA and the Addendum present all of the reasonably forseeable projects, land uses, and activities that could occur within critical habitat over the next ten years. While there may be some unknown future change in the use of the land in the Conservation District in critical habitat, there is insufficient information to assess the potential indirect or direct effects critical habitat will have on the land use. However, any impact attributable to critical habitat is anticipated to be minor due to the existing protections provided by Conservation District and other baseline regulations discussed in Chapter IV of the DEA.
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A critical habitat designation does not in any way create a wilderness area, preserve or wildlife refuge, nor does it close an area to human access or use. It applies only to activities sponsored at least in part by Federal agencies. Land uses such as logging, grazing and recreation that may require Federal permits may take place if they do not adversely modify critical habitat. Critical habitat designations do not constitute land management plans. A designation of critical habitat does not require a private or State landowner to fence the designated area and/or remove game mammals. However, feral ungulates have been extremely important causes of vegetation decline in Hawaii (Cuddihy and Stone 1990) and have been identified as a primary threat to many of the listed plant species on Kauai. The Service recognizes that populations of many game mammal species affect the distribution and abundance of many listed endangered plant and animal species to varying degrees, either directly or indirectly. We also recognize that game mammal hunting is a highly valued activity to a portion of the present-day Hawaiian culture. We recognize hunting as an important tool to manage wild populations of game and support hunting as a recreational activity and the maintenance of game mammal hunting programs within the State of Hawaii. However, Federal and State law dictate that hunting programs should be designed and executed in a way that is compatible with endangered species conservation. Game mammal hunting programs should not only prevent extinction, but allow for the recovery of federally listed endangered and threatened species. The Service also recognizes that under certain circumstances, removal of ungulates can result in an increase in weedy growth and associated fire risk, and we recommend that ungulate management programs assess and address this issue.
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The 1999 analysis by University of Hawaii (UH) economists on the total value of environmental services provided by Oahu's Koolau Mountains was used in the DEA as a resource document for concepts, and for identifying documents that report the original research on certain subjects.
However, the UH study has limited applicability for valuing the benefits of plants critical habitat designation for a number of reasons. First, the UH study had a different purpose which was to estimate the total value of environmental benefits provided by the entire Koolau Mountains on the island of Oahu versus the value of the more limited benefits provided by the proposed plants critical habitat on the island of Kauai. Consistent with its purpose, the UH study provides no estimates of the changes in environmental conditions resulting from changes in land management due to critical habitat designations.
Furthermore, many of the assumptions and much of the analysis in the UH study are not transferable to the economic analysis for the plants critical habitat. For example, the value of water recharge in the UH study reflects projected water supply and demand conditions on Oahu—an island which is nine percent larger than Kauai but has a population of more than 12 times that of Kauai. Also, the UH benefit analysis of reducing soil runoff is unique to three valleys that drain through partially channelized streams in urban areas into the manmade Ala Wai Canal. Since this canal was designed with inadequate flushing from stream or ocean currents, it functions as an unintended settling basin so must be dredged periodically. In addition, the recreational and ecotourism values provided in the UH study apply to areas that are accessible to most hikers, which is not the case with most of the plants critical habitat. As mentioned in the DEA, most of the plants critical habitat units are located in the mountainous interior of Kauai. Much of the proposed critical habitat has steep slopes, remote locations, and difficult access; some of the units are accessible only by helicopter and are rarely visited.
Chapter VI, section 6.c. of the DEA discusses a potential benefit of critical habitat to developers. By knowing the critical habitat boundaries, developers can site projects outside the boundaries, thereby avoiding certain issues related to threatened and endangered species. As such, the benefit is not circular, because, as a result of critical habitat, developers can avoid take issues associated with section 9 of the Act and the other baseline regulations protecting listed species discussed in Chapter IV of the DEA.
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Based on a review of public comments received on the proposed determinations of critical habitat, we have reevaluated our proposed designations and included several changes to the final designations of critical habitat. These changes include the following:
(1) The scientific names changed for the following associated species with the listed species found in the “
(2) We corrected the misidentification of
(3) We changed “spp.” to the specific species which are associated with the following listed species found on Kauai in the “
(4) For species associated with listed species, we replaced specific species names for those that do not exist on Kauai with “spp.” for genera with multiple species on Kauai in the
(5) We corrected the species name to the species that occurs on Kauai for species associated with listed species in the
(6) We removed the following species from the list of associated species from the
(7) In order to avoid confusion regarding the number of location occurrences for each species (that does not necessary represent a viable population) and the number of recovery populations (8 to 10 with 100, 300, or 500 reproducing individuals) we changed the word “population” to “occurrence” and updated the number of occurrences and/or individuals for the following species found in the
(8) We changed “flowering cycles, pollination vectors, seed dispersal agents” to “reproduction cycles, dispersal agents” in the life history portion of the
(9) We revised the list of excluded, manmade features in the
(10) We updated the elevation ranges in section 17.99 for
(11) We made revisions to the unit boundaries based on information supplied by commenters, as well as information gained from field visits to some of the sites, that indicated that the primary constituent elements were not present in certain portions of the proposed unit, that certain changes in land use had occurred on lands within the proposed critical habitat that would preclude those areas from supporting the primary constituent elements, or that the areas were not essential to the conservation of the species in question.
A brief summary of the modifications made to each unit is given below (
This unit was proposed as critical habitat for two multi-island species:
Modifications were made to this unit to exclude areas that do not contain the primary constituent elements for
This modification resulted in the reduction from 15 ha (38 ac) to 13 ha (32 ac). This unit was renamed Kauai 1—
This unit was proposed as critical habitat for two species:
This modification resulted in the reduction from 271 ha (669 ac) to 60 ha (148 ac). This unit was renamed Kauai 5—
This unit was proposed as critical habitat for two species:
Modifications were made to this unit to exclude degraded areas not essential to the conservation of
This modification resulted in the reduction from 97 ha (239 ac) to 63 ha (156 ac). This unit was renamed Kauai 6—
This unit was proposed as critical habitat for the multi-island species
This modification resulted in the reduction from 255 ha (629 ac) to 47 ha (117 ac). This unit was renamed Kauai 8—
This unit was proposed as critical habitat for 10 species:
The area designated as critical habitat for the Kauai and Niihau endemic species
The area designated as critical habitat for the multi-island species
This modification resulted in the reduction from 563 ha (1,390 ac) to 349 ha (862 ac). This unit was renamed Kauai 7—
No changes were made to Kauai F. However, due to revising the polygon to more closely follow geographical and topographical features, a correction has been made to the total acreage. The reduction in area does not affect the ability of this unit to provide habitat for one population of
The area designated as critical habitat for the Kauai endemic species
This unit was proposed as critical habitat for three species:
The area designated as critical habitat provides habitat for one population of
This modification resulted in the reduction from 317 ha (784 ac) to 289 ha (713 ac). This unit was renamed Kauai 13—
This unit was proposed as critical habitat for two species,
Modifications were made to this unit to exclude degraded areas not essential to the conservation of the multi-island species
These modifications resulted in the reduction from 329 ha (812 ac) to 175 ha (431 ac). This unit was renamed Kauai 14—
This unit was proposed as critical habitat for 60 species:
We excluded the proposed critical habitat for
Modifications were made to this unit to exclude degraded areas not essential to the conservation of
The area designated as critical habitat for the Kauai and Niihau endemic species
The area designated as critical habitat for the following multi-island species provides habitat within their historical ranges for one population each of
These modifications resulted in the reduction from 8,238 ha (20,355 ac) to 6,102 ha (15,078 ac). This unit was renamed Kauai 11—
This unit was proposed as critical habitat for 26 species:
We excluded the proposed critical habitat for the Kauai endemic species
We excluded the proposed critical habitat for the Kauai and Niihau endemic species
We excluded the proposed critical habitat for the multi-island species
Modifications were made to this unit to exclude degraded areas not essential to the conservation of
The area designated as critical habitat provides habitat for six populations of
The area designated as critical habitat provides habitat for one population each of
These modifications resulted in the reduction from 5,536 ha (13,681 ac) to 2,026 ha (5,006 ac). This unit was renamed Kauai 11—
This unit was proposed as critical habitat for 13 species:
We excluded the proposed critical habitat for
Modifications were made to this unit to exclude degraded areas not essential to the conservation of
The area designated as critical habitat provides habitat for three populations of
The area designated as critical habitat provides habitat for one population each of
These modifications resulted in the reduction from 1,752 ha (4,330 ac) to 1,667 ha (4,119 ac). This unit was renamed Kauai 11—
This unit was proposed as critical habitat for 13 species:
We excluded the proposed critical habitat for the Kauai endemic species
Modifications were made to this unit to exclude highly degraded areas not essential to the conservation of
The area designated as critical habitat provides habitat for three populations of
The area designated as critical habitat provides habitat for one population each of
These modifications resulted in the reduction from 3,407 ha (8,418 ac) to 240 ha (592 ac). This unit was renamed Kauai 11—
This unit was proposed as critical habitat for nine species:
We excluded the proposed critical habitat for the multi-island species
Modifications were made to this unit to exclude highly degraded areas not essential to the conservation of
The area designated as critical habitat provides habitat for two populations of
The area designated as critical habitat for the multi-island species
These modifications resulted in the reduction from 3,302 ha (8,160 ac) to 1,040 ha (2,570 ac). This unit was renamed Kauai 4—
This unit was proposed as critical habitat for 23 species:
We excluded the proposed critical habitat for the Kauai endemic species
Modifications were made to this unit to exclude highly degraded areas not essential to the conservation of
The area designated as critical habitat provides for seven populations of
The area designated as critical habitat provides for one population each of
These modifications resulted in the reduction from 6,599 ha (16,307 ac) to 3,274 ha (8,090 ac). This unit was renamed Kauai 10—
This unit was proposed as critical habitat for 51 species:
We excluded the proposed critical habitat for the Kauai endemic species
Modifications were made to this unit to exclude degraded areas not essential to the conservation of
The area designated as critical habitat provides for ten populations of
The area designated as critical habitat provides for one population each of
These modifications resulted in the reduction from 9,462 ha (23,382 ac) to 5,933 ha (14,661 ac). This unit was renamed Kauai 11—
This unit was proposed as critical habitat for two species,
The area designated as critical habitat for the Kauai and Niihau endemic species
This modification resulted in the reduction from 282 ha (697 ac) to 144 ha (357 ac). This unit was renamed Niihau 1—
Critical habitat is defined in section 3 of the Act as—(i) The specific areas within the geographic area occupied by a species, at the time it is listed in accordance with the Act, on which are found those physical or biological features (I) essential to the conservation of the species and (II) that may require special management considerations or protection; and, (ii) specific areas outside the geographic area occupied by a species at the time it is listed, upon a determination that such areas are essential for the conservation of the species. “Conservation,” as defined by the Act, means the use of all methods and procedures that are necessary to bring an endangered or a threatened species to the point at which listing under the Act is no longer necessary.
Critical habitat receives protection under section 7 of the Act through the prohibition against destruction or adverse modification of critical habitat with regard to actions carried out, funded, or authorized by a Federal agency. Section 7 also requires conferences on Federal actions that are likely to result in the destruction or adverse modification of proposed critical habitat. In our regulations at 50 CFR 402.02, we define destruction or adverse modification as “* * * the direct or indirect alteration that appreciably diminishes the value of critical habitat for both the survival and recovery of a listed species. Such alterations include, but are not limited to, alterations adversely modifying any of those physical or biological features that were the basis for determining the habitat to be critical.” The relationship between a species survival and its recovery has been a source of confusion to some in the past. We believe that a species' ability to recover depends on its ability to survive into the future when its recovery can be achieved; thus, the concepts of long-term survival and recovery are intricately linked. However, in the March 15, 2001, decision of the United States Court of Appeals for the Fifth Circuit (
In order to be included in a critical habitat designation, the habitat must first be “essential to the conservation of the species.” Critical habitat designations identify, to the extent known, using the best scientific and commercial data available, habitat areas that provide essential life-cycle needs of the species (
Section 4 requires that we designate critical habitat for a species, to the extent such habitat is determinable, at the time of listing. When we designate critical habitat at the time of listing or under short court-ordered deadlines, we may not have sufficient information to identify all the areas essential for the conservation of the species. Nevertheless, we are required to designate those areas we know to be critical habitat, using the best information available to us.
Within the geographic areas occupied by the species, we will designate only areas currently known to be essential. Essential areas should already have some of the features and habitat characteristics that are necessary to sustain the species. We will not speculate about what areas might be found to be essential if better information became available, or what areas may become essential over time. If the information available at the time of designation does not show that an area provides essential life cycle needs of the species, then the area should not be
Our regulations State that “The Secretary shall designate as critical habitat areas outside the geographical area presently occupied by a species only when a designation limited to its present range would be inadequate to ensure the conservation of the species” (50 CFR 424.12(e)). Accordingly, when the best available scientific and commercial data do not demonstrate that the conservation needs of the species require designation of critical habitat outside of occupied areas, we will not designate critical habitat in areas outside the geographic area occupied by the species.
Our Policy on Information Standards Under the Endangered Species Act, published in the
It is important to clearly understand that critical habitat designations do not signal that habitat outside the designation is unimportant or may not be required for recovery. Areas outside the critical habitat designation will continue to be subject to conservation actions that may be implemented under section 7(a)(1) and to the regulatory protections afforded by the Act's 7(a)(2) jeopardy standard and section 9 prohibitions, as determined on the basis of the best available information at the time of the action. We specifically anticipate that federally funded or assisted projects affecting listed species outside their designated critical habitat areas may still result in jeopardy findings in some cases. Similarly, critical habitat designations made on the basis of the best available information at the time of designation will not control the direction and substance of future recovery plans, habitat conservation plans, or other species conservation planning efforts if new information available to these planning efforts calls for a different outcome. Furthermore, we recognize that designation of critical habitat may not include all of the habitat areas that may eventually be determined to be necessary for the recovery of the species.
Designation of critical habitat is not prudent when one or both of the following situations exist: (i) the species is threatened by taking or other human activity, and identification of critical habitat can be expected to increase the degree of such threat to the species; or (ii) such designation of critical habitat would not be beneficial to the species (50 CFR 424.12(a)(1)).
To determine whether critical habitat would be prudent for each species, we analyzed the potential threats and benefits for each species in accordance with the court's order. Two species,
Due to low numbers of individuals and/or populations and their inherent immobility, the other 93 plants may be vulnerable to unrestricted collection, vandalism, or disturbance. We examined the evidence currently available for each of these taxa and found specific evidence of vandalism, disturbance, and/or the threat of unrestricted collection for three species of
In light of this information, we believe that designation of critical habitat would likely increase the threat to these three species of
In addition, we believe that designation would not provide significant benefits that would outweigh these increased risks. First,
We acknowledge that critical habitat designation, in some situations, may provide some value to the species, for example, by identifying areas important for conservation and calling attention to those areas in need of special protection. However, for these three species, we believe that the benefits of designating critical habitat do not outweigh the potential increased threats from vandalism or collection. Given all of the above considerations, we determine that designation of critical habitat for
On January 9, 2003, we found that critical habitat was prudent for the following 15 multi-island species:
Four species no longer occur on Kauai or Niihau but are reported from one or more other islands. To find whether critical habitat would be prudent for these four species we analyzed the potential threats and benefits for each species in accordance with the court's orders. These four plants were listed as endangered species under the Act between 1991 and 1996. At the time each plant was listed, we determined that designation of critical habitat was not prudent because designation would increase the degree of threat to the species and/or would not benefit the plant. We examined the evidence available for these four species and have not, at this time, found specific evidence of taking, vandalism, collection, or trade of these species or of similar species. Consequently, while we remain concerned that these activities could potentially threaten
We examined the evidence available for the other 71 taxa and have not, at this time, found specific evidence of taking, vandalism, collection or trade of these taxa or of similar species. Consequently, while we remain concerned that these activities could potentially threaten these 71 plant species in the future, consistent with applicable regulations (50 CFR 424.12(a)(1)(i)) and the court's discussion of these regulations, we do not find that any of these species are currently threatened by taking or other human activity, which would be exacerbated by the designation of critical habitat.
In the absence of finding that critical habitat would increase threats to a species, if there are any benefits to critical habitat designation, then a prudent finding is warranted. The potential benefits include: (1) Triggering section 7 consultation in new areas where it would not otherwise occur because, for example, it is or has
In the case of these 71 species, there would be some benefits to critical habitat. The primary regulatory effect of critical habitat is the section 7 requirement that Federal agencies refrain from taking any action that destroys or adversely affects critical habitat. One of these species is reported on or near Federal lands (see Table 2), where actions are subject to section 7 consultation. Although a majority of the species considered in this rule are located exclusively on non-Federal lands with limited Federal activities, there could be Federal actions affecting these lands in the future. While a critical habitat designation for habitat currently occupied by these species would not likely change the section 7 consultation outcome, since an action that destroys or adversely modifies such critical habitat would also be likely to result in jeopardy to the species, there may be instances where section 7 consultation would be triggered only if critical habitat were designated. There would also be some educational or informational benefits to the designation of critical habitat. Benefits of designation would include the notification of land owners, land managers, and the general public of the importance of protecting the habitat of these species and dissemination of information regarding their essential habitat requirements.
Therefore, designation of critical habitat is prudent for these 71 plant species:
As required by the Act and regulations (section 4(b)(2) and 50 CFR 424.12), we used the best scientific information available to determine areas that contain the physical and biological features that are essential for the conservation of
In 1994, the HPPRCC initiated an effort to identify and map habitat it believed to be important for the recovery of 282 endangered and threatened Hawaiian plant species. The HPPRCC identified these areas on most of the islands in the Hawaiian chain, and in 1999, we published them in our
The HPPRCC identified essential habitat areas for all listed, proposed, and candidate plants and evaluated
In accordance with section 3(5)(A)(i) of the Act and regulations at 50 CFR 424.12, in determining which areas to propose as critical habitat, we are required to base critical habitat determinations on the best scientific and commercial data available and to consider those physical and biological features (primary constituent elements) that are essential to the conservation of the species and that may require special management considerations or protection. These features include, but are not limited to: Space for individual and population growth, and for normal behavior; food, water, air, light, minerals, or other nutritional or physiological requirements; cover or shelter; sites for breeding, reproduction, or rearing of offspring, germination, or seed dispersal; and habitats that are protected from disturbance or are representative of the historic geographical and ecological distributions of a species.
Much of what is known about the specific physical and biological requirements of Adenophorus periens,
We are unable to identify these features for
All areas designated as critical habitat are within the historical range of the 83 species at issue and contain one or more of the physical or biological features (primary constituent elements) essential for the conservation of the species.
As described in the discussions for each of the 83 species for which we are designating critical habitat, we are defining the primary constituent elements on the basis of the habitat features of the areas from which the plant species are reported, as described by the type of plant community (
The lack of detailed scientific data on the life history of these plant species makes it impossible for us to develop a robust quantitative model (
We considered several factors in the selection and proposal of specific boundaries for critical habitat for these 83 species. For each of these species, the overall recovery strategy outlined in the approved recovery plans includes: (1) Stabilization of existing wild populations, (2) protection and management of habitat, (3) enhancement of existing small populations and reestablishment of new populations
The overall recovery goal stated in the recovery plans for each of these species includes the establishment of 8 to 10 populations with a minimum of 100 mature, reproducing individuals per population for long-lived perennials; 300 mature, reproducing individuals per population for short-lived perennials; and 500 mature, reproducing individuals per population for annuals. There are some specific exceptions to this general recovery goal of 8 to 10 populations for species that are believed to be very narrowly distributed on a single island and the proposed critical habitat designations reflect this exception for these species. For example, the recovery goals for
By adopting the specific recovery objectives enumerated above, the adverse effects of genetic inbreeding and random environmental events and catastrophes, such as landslides, hurricanes, or tsunamis, that could destroy a large percentage of a species at any one time may be reduced (Menges 1990; Podolsky 2001). These recovery objectives were initially developed by the HPPRCC and are found in all of the recovery plans for these species. While they are expected to be further refined as more information on the population biology of each species becomes available, the justification for these objectives is found in the current conservation biology literature addressing the conservation of rare and endangered plants and animals (Beissinger and Westphal 1998; Burgman
Many aspects of species life history are typically considered to determine guidelines for species' interim stability and recovery, including longevity, breeding system, growth form, fecundity, ramet (a plant that is an independent member of a clone) production, survivorship, seed longevity, environmental variation, and successional stage of the habitat. Hawaiian species are poorly studied, and the only one of these characteristics that can be uniformly applied to all Hawaiian plant species is longevity (
The HPPRCC also recommended the conservation and establishment of 8 to 10 populations to address the numerous risks to the long-term survival and conservation of Hawaiian plant species. Although absent the detailed information inherent to the types of population variability analysis models described above (Burgman
Due to the reduced size of suitable habitat areas for these Hawaiian plant species, they are now more susceptible to the variations and weather fluctuations affecting quality and quantity of available habitat, as well as direct pressure from hundreds of species of nonnative plants and animals. Establishing and conserving 8 to 10 viable populations on one or more islands within the historic range of the species will provide each species with a reasonable expectation of persistence and eventual recovery, even with the high potential that one or more of these populations will be eliminated by normal or random adverse events, such as the hurricanes that occurred in 1982 and 1992 on Kauai, fires, and nonnative plant invasions (HPPRCC 1994; Luijten
In summary, the long-term survival and recovery of Hawaiian plant species requires the designation of critical habitat units on one or more of the Hawaiian islands with suitable habitat for 8 to 10 populations of each plant species. Some of this habitat is currently not known to be occupied by these species. To recover the species, it will be necessary to conserve suitable habitat in these unoccupied units, which in turn will allow for the establishment of additional populations through natural recruitment or managed reintroductions. Establishment of these additional populations will increase the likelihood that the species will survive and recover in the face of normal and stochastic events (
In this rule, we have defined the primary constituent elements based on the general habitat features of the areas from which the plants are reported, such as the type of plant community, the associated native plant species, the physical location (
Our approach to delineating critical habitat units was applied in the following manner:
1. Critical habitat was proposed and will be designated on an island by island basis for ease of understanding for landowners and the public, for ease of conducting the public hearing process, and for ease of conducting public outreach. In Hawaii, landowners and the public are most interested and affected by issues centered on the island on which they reside.
2. We focused on designating units representative of the known current and historical geographic and elevational range of each species; and
3. We designated critical habitat units to allow for expansion of existing wild populations and reestablishment of wild populations within the historic range, as recommended by the recovery plans for each species.
The proposed critical habitat units were delineated by creating rough units for each species by screen digitizing polygons (map units) using ArcView (Environmental Systems Research Institute, Inc.), a computer GIS program. We created polygons by overlaying current and historic plant location points onto digital topographic maps of each of the islands.
We then evaluated the resulting shape files (delineating historic elevational range and potential, suitable habitat). We refined elevation ranges, and we avoided land areas identified as not suitable for a particular species (
We further evaluated these shape files of suitable habitat. We used several factors to delineate the proposed critical habitat units from these land areas. We reviewed the recovery objectives as described above and in recovery plans for each of the species to determine if the number of populations and population size requirements needed for conservation would be available within the suitable habitat units identified as containing the appropriate primary constituent elements for each species. If more than the area needed for the number of recovery populations was identified as potentially suitable, only those areas within the least disturbed suitable habitat were designated as proposed critical habitat. A population for this purpose is defined as a discrete aggregation of individuals located a sufficient distance from a neighboring aggregation such that the two are not affected by the same small-scale events and are not believed to be consistently cross-pollinated. In the absence of more specific information indicating the appropriate distance to assure limited cross-pollination, we are using a distance of 1,000 m (3,280 ft) based on our review of current literature on gene flow (Barret and Kohn 1991; Fenster and Dudash 1994; Havens 1998; Schierup and Christiansen 1996). We further refined the resulting critical habitat units by using satellite imagery and parcel data to eliminate areas that did not contain the appropriate vegetation or associated native plant species, as well as features such as cultivated agriculture fields, housing developments, and other areas that are unlikely to contribute to the conservation of one or more of the 83 plant species for which critical habitat was proposed on January 28, 2002. We used geographic features (ridge lines, valleys, streams, coastlines, etc.) or manmade features (roads or obvious land use) that created an obvious boundary for a unit as unit area boundaries.
Following publication of the proposed critical habitat rules, some of which were revised, for 255 Hawaiian plants (67 FR 3940, 67 FR 9806, 67 FR 15856, 67 FR 16492, 67 FR 34522, 67 FR 36968, 67 FR 37108), we re-evaluated proposed critical habitat, State-wide, for each species using the recovery guidelines (8 to 10 populations with a minimum of 100 mature, reproducing individuals per population for long-lived perennials; 300 mature, reproducing individuals per population for short-lived perennials; and 500 mature, reproducing individuals per population for annuals) to determine if we had inadvertently proposed for designation too much or too little habitat to meet the essential recovery goals of 8 to 10 populations per species distributed among the islands of the species' known historic range (HINHP Database 2000, 2001; Wagner
Within the critical habitat boundaries, section 7 consultation is generally necessary and adverse modification could occur only if the primary constituent elements are affected. Therefore, not all activities within critical habitat would trigger an adverse modification conclusion. In selecting areas of designated critical habitat, we made an effort to avoid developed areas, such as towns and other similar lands, that are unlikely to contribute to the conservation of the 83 species. However, the minimum mapping unit that we used to approximate our delineation of critical habitat for these species did not allow us to exclude all such developed areas from the maps. In addition, existing manmade features and structures within the boundaries of the mapped unit, such as buildings; roads; aqueducts and other water system features—including, but not limited to, pumping stations, irrigation ditches, pipelines, siphons, tunnels, water tanks, gaging stations, intakes, reservoirs, diversions, flumes, and wells; telecommunications towers and associated structures and equipment; electrical power transmission lines and distribution, and communication facilities and regularly maintained associated rights-of-way and access ways; radars; telemetry antennas; missile launch sites; arboreta and gardens; heiau (indigenous places of worship or shrines) and other archaeological sites; airports; other paved areas; lawns and other rural residential landscaped areas do not contain one or more of the primary constituent elements and are therefore excluded under the terms of this regulation. Federal actions limited to those areas would not trigger a section 7 consultation unless they affect the species or primary constituent elements in adjacent critical habitat.
In summary, for these species we utilized the approved recovery plan guidance to identify appropriately sized land units containing essential occupied and unoccupied habitat. Based on the best available information, we believe these areas constitute the habitat necessary on Kauai and Niihau to provide for the recovery of these 83 species.
Currently occupied and historically known sites containing one or more of the primary constituent elements considered essential to the conservation of these 83 plant species were examined to determine if additional special management considerations or protection are required above those currently provided. We reviewed all available management information on these plants at these sites, including published reports and surveys; annual performance and progress reports; management plans; grants; memoranda of understanding and cooperative agreements; DOFAW planning documents; internal letters and memos; biological assessments and environmental impact statements; and section 7 consultations. Additionally, we contacted the major private landowners on Kauai and Niihau by mail, and we met with several landowners between the publication of the revised proposal on January 28, 2002, and the end of the comment period on September 30, 2002, to discuss their current management for the plants on their lands. We also met with Kauai District DOFAW and State Parks office staff to discuss management activities they are conducting on Kauai. In addition, we reviewed new biological information and public comments received during the public comment periods and at the public hearings.
Pursuant to the definition of critical habitat in section 3 of the Act, the primary constituent elements as found in any area so designated must also require “special management considerations or protections.” Adequate special management or protection is provided by a legally operative plan that addresses the maintenance and improvement of the essential elements and provides for the long-term conservation of the species. We consider a plan adequate when it: (1) Provides a conservation benefit to the species (
In determining whether a management plan or agreement provides a conservation benefit to the species, we considered the following:
(1) The factors that led to the listing of the species, as described in the final rules for listing each of the species. Effects of clearing and burning for agricultural purposes and of invasive nonnative plant and animal species have contributed to the decline of nearly all endangered and threatened plants in Hawaii (Cuddihy and Stone 1990; Howarth 1985; Loope 1998; Scott
Current threats to these species include nonnative grass- and shrub-carried wildfire; browsing, digging, rooting, and trampling from feral ungulates (including deer, goats, cattle, and pigs); direct and indirect effects of nonnative plant invasions, including alteration of habitat structure and microclimate; and disruption of pollination and gene-flow processes by adverse effects of mosquito-borne avian disease on forest bird pollinators, direct competition between native and nonnative insect pollinators for food, and predation of native insect pollinators by nonnative hymenopteran insects (ants). In addition, physiological processes such as reproduction and establishment continue to be negatively affected by fruit- and flower-eating pests such as nonnative arthropods, molluscs, and rats, and photosynthesis and water transport are affected by nonnative insects, pathogens, and diseases. Many of these factors interact with one another, thereby compounding effects. Such interactions include nonnative plant invasions altering wildfire regimes, feral ungulates carrying weeds and disturbing vegetation and soils, thereby facilitating dispersal and establishment of nonnative plants, and numerous nonnative insect species feeding on native plants, thereby increasing their vulnerability and exposure to pathogens and disease
(2) The recommendations from the HPPRCC in their 1998 report to us (“Habitat Essential to the Recovery of Hawaiian Plants”). As summarized in this report, recovery goals for endangered Hawaiian plant species cannot be achieved without the effective control of nonnative species threats, wildfire, and land use changes; and
(3) The management actions needed for assurance of survival and ultimate recovery of Hawaii's endangered plants. These actions are described in our recovery plans for these 83 species (Service 1994, 1995, 1996, 1997, 1998a, 1998b, 1998c, 1999), in the 1998 HPPRCC report to us, and in various other documents and publications relating to plant conservation in Hawaii (Cuddihy and Stone 1990; Mueller-Dombois 1985; Smith 1985; Stone 1985; Stone
In general, taking all of the above recommended management actions into account, the following management actions are important: Feral ungulate control; wildfire management; nonnative plant control; rodent control; invertebrate pest control; maintenance of genetic material of the endangered and threatened plant species; propagation, reintroduction, and augmentation of existing populations into areas deemed essential for the recovery of the species; ongoing management of the wild, outplanted, and augmented populations; maintenance of natural pollinators and pollinating systems, when known; habitat management and restoration in areas deemed essential for the recovery of the species; monitoring of the wild, outplanted, and augmented populations; rare plant surveys; and control of human activities/access (Service 1994, 1995, 1996, 1997, 1998a, 1998b, 1998c, 1999). On a case-by-case basis, these actions may rise to different levels of importance for a particular species or area, depending on the biological and physical requirements of the species and the location(s) of the individual plants.
As shown in Table 2, the 83 species of plants are found on Federal, State, and private lands on the islands of Kauai and Niihau. Information received in response to our public notices; meetings with landowners of Kauai County and Kauai District DOFAW staff; the November 7, 2000, and January 28, 2002, proposals; public comment periods; and the February 6, 2001, and February 13, 2002, public hearings; as well as information in our files, indicated that there is limited on-going conservation management action for these plants, except as noted below. Without management plans and assurances that the plans will be implemented, we are unable to find that the land in question does not require special management or protection.
The Pacific Missile Range Facility (PMRF) at Barking Sands on Kauai's west side is on federally owned or State-leased lands administered by the Navy for instrumented and multi-environment weapon testing and tracking.
Management at the Barking Sands Facility lands currently consists of restricting human access and off-road vehicles from the dune ecosystems and mowing landscaped areas. These actions alone are not sufficient to address the factors inhibiting the long-term conservation of
The State lands on the island of Kauai include ceded and leased lands, and those that are administered by the Department of Land and Natural Resources (DLNR). DLNR lands include State Parks, administered by the State Division of State Parks; and Forest Reserves, NARs, and the Alakai Wilderness Preserve, administered by the DOFAW. The DLNR also manages DHHL lands on the island of Kauai. We determined that habitat that is essential to the conservation of the following 78 of the 83 federally threatened or endangered plant species is found on State lands:
Although the State conducts some conservation management actions on these lands and provides access to others who are conducting such activities, these programs do not adequately address the threats to these listed plant species on their lands. In addition, there are no comprehensive management plans for the long-term conservation of endangered and threatened plants on these lands, no updated detailed reports on management actions conducted, and no assurances that management actions will be implemented. Therefore, we cannot at this time find that management on these State lands is sufficient to find that they do not meet the definition of critical habitat. However, we will work with the State in developing conservation planning efforts.
We determined that habitat that is essential to the conservation of 38 of the 83 federally listed plant species is found on privately owned lands on Kauai and Niihau:
Based on current information, the main activities being conducted by several of these landowners are weeding, control of human access, and planting of native species. In addition, responses and comments we received during the three comment periods and the public hearings, and new information used in preparing this final rule, did not adequately address the threats to these listed plant species on private lands on Kauai and Niihau. In addition, none of the private landowners are implementing management actions which would exclude them from critical habitat under 3(5)(A). If the private landowner is managing their lands that address the maintenance and improvement of the essential elements for these plant species and provide for their long-term conservation, we will reassess the critical habitat boundaries in light of this new information.
The critical habitat areas described below constitute our best assessment of the physical and biological features needed for the conservation of the 83 plant species and the special management needs of these species, and are based on the best scientific and commercial information available and described above. We publish this final rule acknowledging that we have incomplete information regarding many of the primary biological and physical requirements for these species. However, both the Act and the relevant court orders require us to proceed with designation at this time based on the best information available. As new information accrues, we may consider reevaluating the boundaries of areas that warrant critical habitat designation.
The approximate areas of the designated critical habitat by landownership or jurisdiction are shown in Table 4.
Critical habitat includes habitat for these 83 species primarily in the upland portions of Kauai, and for one species in the northern portion of Niihau. Lands designated as critical habitat have been divided into a total of 217 units. A brief description of each unit is presented below.
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Section 7(a)(2) of the Act requires Federal agencies, including the Service, to ensure that actions they fund, authorize, or carry out are not likely to destroy or adversely modify critical habitat. Destruction or adverse modification of critical habitat occurs when a Federal action directly or indirectly alters critical habitat to the extent that it appreciably diminishes the value of critical habitat for the conservation of the species. Individuals, organizations, States, local governments, and other non-Federal entities are affected by the designation of critical habitat when their actions occur on Federal lands; require a Federal permit, license, or other authorization; or involve Federal funding.
Section 7(a) of the Act requires Federal agencies, including the Service, to evaluate their actions with respect to any species that is proposed or listed as endangered or threatened and with respect to its critical habitat, if any is designated or proposed. Regulations implementing this interagency cooperation provision of the Act are codified at 50 CFR part 402. Section 7(a)(4) of the Act requires Federal agencies (action agency) to confer with us on any action that is likely to jeopardize the continued existence of a species proposed for listing or result in the destruction or adverse modification of proposed critical habitat.
If a species is listed or critical habitat is designated, section 7(a)(2) of the Act requires Federal agencies to ensure that actions they authorize, fund, or carry out are not likely to jeopardize the continued existence of such a species or destroy or adversely modify its critical habitat. If a Federal action may affect a listed species or its critical habitat, the responsible Federal action agency must enter into consultation with us. Through this consultation, the action agency would ensure that the permitted actions do not destroy or adversely modify critical habitat.
Regulations at 50 CFR 402.16 require Federal agencies to reinitiate consultation on previously reviewed actions under certain circumstances, including instances where critical habitat is subsequently designated and the Federal agency has retained discretionary involvement, or control has been retained or is authorized by law. Consequently, some Federal agencies may request reinitiation of consultation or conferencing with us on actions for which formal consultation has been completed, if those actions may affect designated critical habitat or adversely modify or destroy proposed critical habitat.
If we issue a biological opinion concluding that a project is likely to result in the destruction or adverse modification of critical habitat, we also provide “reasonable and prudent alternatives” to the project, if any are identifiable. Reasonable and prudent alternatives are defined at 50 CFR 402.02 as alternative actions identified during consultation that can be implemented in a manner consistent with the intended purpose of the action, that are consistent with the scope of the Federal agency's legal authority and jurisdiction, that are economically and technologically feasible, and that the Director believes would avoid destruction or adverse modification of critical habitat. Reasonable and prudent alternatives can vary from slight project modifications to extensive redesign or relocation of the project. Costs associated with implementing a reasonable and prudent alternative are similarly variable.
Activities on Federal lands that may affect critical habitat of one or more of the 83 plant species from Kauai and Niihau will require section 7 consultation. Activities on private or State lands requiring a permit from a Federal agency, such as a permit from the U.S. Army Corps of Engineers (Corps) under section 404 of the Clean Water Act (33 U.S.C. 1344
Section 4(b)(8) of the Act requires us to briefly describe and evaluate in any proposed or final regulation that designates critical habitat those activities involving a Federal action that may adversely modify such habitat or that may be affected by such designation. We note that such activities may also jeopardize the continued existence of the species.
Activities that, when carried out, funded, or authorized by a Federal agency, may directly or indirectly destroy or adversely modify critical habitat include, but are not limited to:
(1) Activities that appreciably degrade or destroy the primary constituent elements including, but not limited to: Overgrazing; maintenance of feral ungulates; clearing or cutting of native live trees and shrubs, whether by burning or mechanical, chemical, or other means (
(2) Activities that alter watershed characteristics in ways that would appreciably reduce groundwater recharge or alter natural, dynamic wetland or other vegetative communities. Such activities may include water diversion or impoundment, excess groundwater pumping, manipulation of vegetation such as timber harvesting, residential and commercial development, and grazing of livestock that degrades watershed values;
(3) Rural residential construction that includes concrete pads for foundations and the installation of septic systems in wetlands where a permit under section 404 of the Clean Water Act would be required by the Corps;
(4) Recreational activities that appreciably degrade vegetation;
(5) Mining of sand or other minerals;
(6) Introducing or encouraging the spread of nonnative plant species into critical habitat units; and
(7) Importation of nonnative species for research, agriculture, and aquaculture, and the release of biological control agents that would have unanticipated effects on the listed species and the primary constituent elements of their habitat.
If you have questions regarding whether specific activities will likely constitute adverse modification of critical habitat, contact the Field Supervisor, Pacific Islands Ecological Services Field Office (
Section 4(b)(2) of the Act requires us to designate critical habitat on the basis of the best scientific and commercial information available and to consider the economic and other relevant impacts of designating a particular area as critical habitat. We may exclude areas from critical habitat upon a determination that the benefits of such exclusions outweigh the benefits of specifying such areas as critical habitat. We cannot exclude areas from critical habitat when such exclusion will result in the extinction of the species concerned.
Following the publication of the revised proposed critical habitat designation on January 28, 2002, a draft economic analysis was conducted to estimate the potential economic impact of the designation, in accordance with recent decisions in the
Our draft economic analysis evaluated the potential future effects of section 7 of the Act associated with the listing of the 83 species (
Following the close of the comment period on the draft economic analysis, a final addendum was completed which incorporated public comments on the draft analysis and made other changes in the draft as necessary. Together, these constitute our final economic analysis. The addendum to the draft economic analysis estimates that, over the next 10 years, the designation may result in potential direct economic effects of between approximately $178,200 and $1,124,800, and concludes that economic impacts from the designation of critical habitat for the 83 species would not be significant. This is a reduction of between approximately $799,700 and $1,318,430 from the costs estimated in the original draft economic analysis, and is due to the exclusion of the proposed unit Kauai D1 from final designation and the significant reduction in size to proposed units Kauai A2, Kauai B, Kauai C, Kauai D2, Kauai E, Kauai G, Kauai H1, H2, and H3, Kauai I, Kauai J, Kauai K, Kauai L, Kauai M, Kauai N, Kauai O and Niihau A (designation of 21,410 ha (52,906 ac) versus the 40,429 ha (99,903 ac) proposed as critical habitat, a reduction of approximately 19,019 ha (46,997 ac)). As described in the analysis, direct costs result from section 7 consultations and project modifications at the Pacific Missile Range Facility while there is a small risk of compromising national defense as an indirect cost. Other indirect costs include: a reduction in State and County development approvals; a change in game management to reduce ungulates and as a result hunting activity; mandated conservation management; redistricting by the State of land in the Urban and Agricultural Districts to the Conservation District; and a loss in landowner participation in conservation projects. However, these indirect costs are not subject to accurate quantification and had slight to small probabilities of occurring. Therefore, we do not believe that they are significant. A more detailed discussion of our economic analysis is contained in the draft economic analysis and the addendum. Both documents are available for inspection at the Pacific Islands Fish and Wildlife Office (
No critical habitat units in the proposed rule were excluded or modified due to economic impacts. However, as described above, section 4(b)(2) of the Act requires us to consider other relevant impacts, in addition to economic impacts, of designating critical habitat. No critical habitat units were excluded or modified due to non-economic impacts. (While units were excluded or reduced, as noted above, because they lacked primary constituent
At the time we listed
In accordance with Executive Order 12866, the Office of Management and Budget (OMB) has determined that this is a significant regulatory action because it may raise novel legal or policy issues. As required by the executive order, we have provided a copy of the rule, which describes the need for this action and how designation meets that need and the economic analysis, which assesses the costs and benefits of this critical habitat designation, to OMB for review. OMB did not recommend or make any changes in this regulatory action.
Under the Regulatory Flexibility Act (RFA) (as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996), whenever a Federal agency is required to publish a notice of rulemaking for any proposed or final rule, it must prepare and make available for public comment a regulatory flexibility analysis that describes the effect of the rule on small entities (
SBREFA amended the RFA to require Federal agencies to provide a statement of the factual basis for certifying that a rule will not have a significant economic impact on a substantial number of small entities.
Federal courts and Congress have indicated that an RFA/SBREFA analysis may be limited to all impacts to entities directly subject to the requirements of the regulation (Service 2002). As such, entities indirectly impacted by the plant listings and critical habitat and, therefore, not directly regulated by the listing or critical habitat designation are not considered in this section of the analysis.
In today's rule, we are certifying that the designation of critical habitat for the 83 Kauai and Niihau species will not have a significant effect on a substantial number of small entities. The following discussion explains our rationale.
Small entities include small organizations, such as independent non-profit organizations, and small governmental jurisdictions, including school boards and city and town governments that serve fewer than 50,000 residents, as well as small businesses. Small businesses include manufacturing and mining concerns with fewer than 500 employees, wholesale trade entities with fewer than 100 employees, retail and service businesses with less than $5 million in annual sales, general and heavy construction businesses with less than $27.5 million in annual business, special trade contractors doing less than $11.5 million in annual business, and agricultural businesses with annual sales less than $750,000. To determine if potential economic impacts to these small entities are significant, we consider the types of activities that might trigger regulatory impacts under this rule as well as the types of project modifications that may result. In general, the term “significant economic impact “ is meant to apply to a typical small business firm's business operations.
To determine if the rule would affect a substantial number of small entities, we consider the number of small entities affected within particular types of economic activities (
Designation of critical habitat only affects activities conducted, funded, or permitted by Federal agencies; non-Federal activities are not affected by the designation. In areas where the species are present, Federal agencies are already required to consult with us under section 7 of the Act on activities that they fund, permit, or implement that may affect any one of the 83 species. Federal agencies must also consult with us if their activities may affect critical habitat. However, in areas where the species are present, we do not believe that this will result in any additional regulatory burden on Federal agencies or their applicants because consultation would already be required due to the presence of the listed species, and the duty to avoid adverse modification of critical habitat likely would not trigger additional regulatory impacts beyond the duty to avoid jeopardizing the species.
Even if the duty to avoid adverse modification does not trigger additional regulatory impacts in areas where the species is present, designation of critical habitat could result in an additional economic burden on small entities due to the requirement to reinitiate consultation for ongoing Federal activities. However, since these 83 plant species were listed (between 1991 and 1996), there have been no formal consultations, and we have conducted only six informal consultations, in addition to consultations on Federal grants to State wildlife programs, which would not affect small entities. On the island of Kauai the six informal consultations have concerned nine of the 83 species (
Except for the NRCS project, none of these consultations affected or concerned small entities. However, the NRCS project is not occurring within the designated critical habitat. In all six consultations, we concurred with each agency's determination that the project, as proposed, was not likely to adversely affect listed species. With the exception of the NRCS project, none of the other consultations affected or concerned small entities, and none of the proposed projects are ongoing. As a result, the requirement to reinitiate consultation for ongoing projects will not affect a substantial number of small entities on Kauai.
There have been no consultations on any of these 83 species on the island of Niihau. Therefore, the requirement to reinitiate consultations for ongoing projects will not affect a substantial number of small entities on Niihau.
In areas where the species is clearly not present, designation of critical habitat could trigger additional review of Federal activities under section 7 that would otherwise not be required. However, there will be little additional impact on State and local governments and their activities because all but one of the critical habitat areas are occupied by at least one species. Other than the federally funded PMRF and NRCS projects, we are aware of relatively few activities in the designated critical habitat areas for these 83 plants that have Federal involvement, and thus, would require consultation for on going projects. As mentioned above, we have conducted no formal consultations and only six informal consultations under section 7 on Kauai to date which involved only nine of the 83 species. As a result, we cannot easily identify future consultations that may be due to the listing of the species or the increment of additional consultations that may be required by this critical habitat designation. Therefore, for the purposes of this review and certification under the Regulatory Flexibility Act, we are assuming that any future consultations in the area designated as critical habitat will be due to the critical habitat designations.
On Kauai, the designations are on Federal, State, or private land. Nearly all of the land within the critical habitat units is unsuitable for development, land uses, and activities. This is due to their remote locations, lack of access, and rugged terrain. Almost all of this land (nearly 100 percent) is within the State Conservation District where State land-use controls severely limit development and most activities. Less than one percent of this land is within the State Agricultural District, and less than one percent is within the State Rural District. On non-Federal lands, activities that lack Federal involvement would not be affected by the critical habitat designations. However, activities of an economic nature that are likely to occur on non-Federal lands in the area encompassed by these designations consist of improvements in communications and tracking facilities; ranching; road improvements; recreational use, such as hiking, camping, picnicking, game hunting, and fishing; botanical gardens; and crop farming. With the exception of communications and tracking facilities improvements by the FAA or the Federal Communications Commission, these activities are unlikely to have Federal involvement. On lands that are in agricultural production, the types of activities that might trigger a consultation include irrigation ditch system projects that may require section 404 authorizations from the Corps, and watershed management and restoration projects sponsored by NRCS. However the NRCS restoration projects typically are voluntary, and the irrigation ditch system projects within lands that are in agricultural production are rare and may affect only a small percentage of the small entities within these critical habitat designations.
Lands that are within the State Urban District are primarily located within undeveloped coastal areas. The types of activities that might trigger a consultation include shoreline restoration or modification projects that may require section 404 authorizations from the Corps or FEMA, housing or resort development that may require permits from the Department of Housing and Urban Development, small farms that may receive funding or require authorizations from the Department of Agriculture, watershed management and restoration projects sponsored by NRCS, and activities funded or authorized by the EPA. However, we are not aware of a significant number of future activities that would require Federal funds, permits, or authorizations in these coastal areas. Therefore, we conclude that the rule would not affect a substantial number of small entities. We are not aware of any commercial activities on the Federal lands included in these critical habitat designations.
The entire island of Niihau is under one private ownership and within the State Agricultural District. The current and projected land uses on Niihau are cattle and sheep ranching, commercial game hunting, and military exercises to train downed combat pilots on how to evade capture (Decision Analysts Hawaii (DAHI) 2001). The rule would not affect a substantial number of small agricultural entities on the island of Niihau. Therefore, we conclude that the rule would not affect a substantial number of small entities.
We also considered the likelihood that this rule would result in significant economic impacts to small entities. In general, two different mechanisms in section 7 consultations could lead to additional regulatory requirements. First, if we conclude, in a biological opinion, that a proposed action is likely to jeopardize the continued existence of a species or adversely modify its critical habitat, we can offer “reasonable and prudent alternatives.” Reasonable and prudent alternatives are alternative actions that can be implemented in a manner consistent with the scope of the Federal agency's legal authority and jurisdiction, that are economically and technologically feasible, and that would avoid jeopardizing the continued existence of listed species or resulting in adverse modification of critical habitat. A Federal agency and an applicant may elect to implement a reasonable and prudent alternative associated with a biological opinion that has found jeopardy or adverse modification of critical habitat. An agency or applicant could alternatively choose to seek an exemption from the requirements of the Act or proceed without implementing the reasonable and prudent alternative. However, unless an exemption were
Even where the requirements of section 7 might apply due to critical habitat, based on our experience with section 7 consultations for all listed species, virtually all projects—including those that, in their initial proposed form, would result in jeopardy or adverse modification determinations under section 7—can be implemented successfully with, at most, the adoption of reasonable and prudent alternatives. These measures by definition must be economically feasible and within the scope of authority of the Federal agency involved in the consultation. As we have a very limited consultation history for these 83 species from Kauai and Niihau, we can only describe the general kinds of actions that may be identified in future reasonable and prudent alternatives. These are based on our understanding of the needs of these species and the threats they face, especially as described in the final listing rules and in this critical habitat designation, as well as our experience with similar listed plants in Hawaii. In addition, all of these species are protected under the State of Hawaii's Endangered Species Act (Hawaii Revised Statutes, Chap. 195D-4). Therefore, we have also considered the kinds of actions required under the State licensing process for these species. The kinds of actions that may be included in future reasonable and prudent alternatives include conservation set-asides; management of competing nonnative species; restoration of degraded habitat; propagation; outplanting and augmentation of existing populations; construction of protective fencing; and periodic monitoring. These measures are not likely to result in a significant economic impact to a substantial number of small entities because any measure included as a reasonable and prudent alternative would have to be economically feasible to an individual landowner, and because as discussed above, we do not believe there will be a substantial number of small entities affected by the Act's consultation requirements.
In summary, we have considered whether this final rule would result in a significant economic effect on a substantial number of small entities and have concluded that it would not affect a substantial number of small entities. Approximately 70 percent of the lands designated as critical habitat are State lands. The State of Hawaii is not a small entity. Less than one percent of the lands designated as critical habitat are Federal lands. The Federal Government is not a small entity. Approximately 30 percent of the lands designated as critical habitat are private lands. Many of these parcels are located in areas where likely future land uses are not expected to result in Federal involvement or section 7 consultations. As discussed earlier, most of the private and State parcels within the designation are currently being used for recreational and agricultural purposes and, therefore, are not likely to require any Federal authorization. In the remaining areas, Federal involvement—and thus section 7 consultations, the only trigger for economic impact under this rule—would be limited to a subset of the area being designated. The most likely future section 7 consultations resulting from this rule would be for informal consultations on federally funded land and water conservation projects, species-specific surveys and research projects, and watershed management and restoration projects sponsored by NRCS and the Service. These consultations would likely occur on only a subset of the total number of parcels and therefore would not be likely to affect a substantial number of small entities. This rule would result in project modifications only when proposed Federal activities would destroy or adversely modify critical habitat. While this may occur, it is not expected frequently enough to affect a substantial number of small entities. Even when it does occur, we do not expect it to result in a significant economic impact, as the measures included in reasonable and prudent alternatives must be economically feasible and consistent with the proposed action. Therefore, we are certifying that the designation of critical habitat for
Under the Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 801
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. Although this rule is a significant regulatory action under Executive Order 12866, it is not expected to significantly affect energy production supply and distribution facilities because no significant energy production, supply, and distribution facilities are included within designated critical habitat. Further, for the reasons described in the economic analysis, we do not believe that designation of critical habitat for the 83 plant species will affect future energy production. Therefore, this action is not a significant energy action, and no Statement of Energy Effects is required.
In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501
(a) This rule will not “significantly or uniquely” affect small governments. A Small Government Agency Plan is not required. Small governments will not be affected unless they propose an action requiring Federal funds, permits or other authorizations. Any such activities will require that the Federal agency ensure that the action will not adversely modify or destroy designated critical habitat.
(b) This rule will not produce a Federal mandate on State or local governments or the private sector of $100 million or greater in any year, that is, it is not a “significant regulatory action” under the Unfunded Mandates Reform Act. The designation of critical habitat imposes no obligations on State or local governments.
In accordance with Executive Order 12630 (“Government Actions and Interference with Constitutionally Protected Private Property Rights”), we have analyzed the potential takings implications of designating critical habitat for the 83 species from Kauai and Niihau in a takings implications assessment. The takings implications assessment concludes that this final rule does not pose significant takings implications.
In accordance with Executive Order 13132, this final rule does not have significant Federalism effects. A Federalism assessment is not required. In keeping with Department of Interior policy, we requested information from appropriate State agencies in Hawaii. This rule imposes no regulatory requirements unless an agency is seeking Federal funding or authorization, so it does not have Federal implications. In addition, this rule will not have substantial direct compliance costs because many of the planned projects that could affect critical habitat have no Federal involvement.
The designations may have some benefit to these governments, in that the areas essential to the conservation of these species are more clearly defined, and the primary constituent elements of the habitat necessary to the survival of the species are specifically identified. While this definition and identification does not alter where and what federally sponsored activities may occur, it may assist these local governments in long-range planning, rather than waiting for case-by-case section 7 consultation to occur.
In accordance with Executive Order 12988, the Department of the Interiors's Office of the Solicitor has determined that this rule does not unduly burden the judicial system and does meet the requirements of sections 3(a) and 3(b)(2) of the Order. We have designated critical habitat in accordance with the provisions of the Endangered Species Act. The rule uses standard property descriptions and identifies the primary constituent elements within the designated areas to assist the public in understanding the habitat needs of the 83 plant species from Kauai and Niihau.
This rule does not contain any information collection requirements for which OMB approval under the Paperwork Reduction Act is required. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number.
We have determined that we do not need to prepare an Environmental Assessment and/or an Environmental Impact Statement as defined by the National Environmental Policy Act of 1969 in connection with regulations adopted pursuant to section 4(a) of the Endangered Species Act. We published a notice outlining our reason for this determination in the
In accordance with the President's memorandum of April 29, 1994, “Government-to-Government Relations with Native American Tribal Governments” (59 FR 22951) Executive Order 13175 and the Department of the Interior's manual at 512 DM 2, we readily acknowledge our responsibility to communicate meaningfully with recognized Federal Tribes on a government-to-government basis. We have determined that there are no Tribal lands essential for the conservation of these 83 plant species.
Therefore, designation of critical habitat for these 83 species does not involve any Tribal lands.
A complete list of all references cited in this final rule is available upon request from the Pacific Islands Fish and Wildlife Office (
The primary authors of this final rule are staff of the Pacific Islands Fish and Wildlife Office (
Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation.
Accordingly, we hereby amend part 17, subchapter B of chapter I, title 50 of the Code of Federal Regulations as set forth below:
16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
(h) * * *
(a)
(1)
(i)
(A) Unit consists of the following 9 boundary points: coastline; 449995, 2458285; 449999, 2458293; 450118, 2458243; 450116, 2458221; 450104, 2458221; 450032, 2458238; 449997, 2458240; 449981, 2458248; 449991, 2458273; coastline.
(B)
(A) Unit consists of the following 59 boundary points: coastline; 451087, 2458201; 451120, 2458166; 451162, 2458127; 451246, 2458013; 451331, 2457904; 451317, 2457895; 451278, 2457919; 451277, 2457919; 451276, 2457920; 451190, 2458029; 451190, 2458032; 451175, 2458047; 451132, 2458101; 451110, 2458153; 451031, 2458185; 450999, 2458165; 450996, 2458166; 450987, 2458176; 450954, 2458185; 450916, 2458191; 450905, 2458216; 450900, 2458226; 450901, 2458242; 450902, 2458273; 450902, 2458273; 450902, 2458278; 450871, 2458277; 450848, 2458265; 450843, 2458242; 450818, 2458217; 450778, 2458211; 450737, 2458190; 450725, 2458194; 450679, 2458215; 450677, 2458215; 450673, 2458233; 450650, 2458236; 450636, 2458255; 450615, 2458247; 450612, 2458223; 450607, 2458222; 450607, 2458191; 450606, 2458185; 450592, 2458144; 450574, 2458143; 450568, 2458168; 450568, 2458168; 450568, 2458168; 450495, 2458159; 450472, 2458173; 450420, 2458129; 450420, 2458129; 450383, 2458129; 450372, 2458147; 450366, 2458173; 450361, 2458197; 450360, 2458202; 450361, 2458202; 451076, 2458209; coastline.
(B)
(A) Unit consists of the following 51 boundary points: Start at 457168, 2457531; 457235, 2457554; 457342, 2457591; 457377, 2457591; 457421, 2457591; 457469, 2457591; 457503, 2457591; 457556, 2457600; 457625, 2457613; 457631, 2457617; 457674, 2457645; 457713, 2457657; 457739, 2457648; 457747, 2457650; 457754, 2457649; 457758, 2457653; 457769, 2457656; 457794, 2457692; 457801, 2457700; 457830, 2457691; 457865, 2457661; 457891, 2457678; 457913, 2457687; 457961, 2457722; 458074, 2457800; 458157, 2457861; 458240, 2457943; 458266, 2457887; 458291, 2457796; 458241, 2457839; 458199, 2457830; 458122, 2457761; 458032, 2457682; 457981, 2457654; 457958, 2457654; 457926, 2457624; 457883, 2457600; 457851, 2457604; 457835, 2457612; 457808, 2457629; 457794, 2457610; 457555, 2457530; 457515, 2457534; 457459, 2457567; 457441, 2457569; 457364, 2457561; 457364, 2457561; 457364, 2457561; 457329, 2457544; 457327, 2457542; 457230, 2457492; return to starting point.
(B)
(A) Unit consists of the following 183 boundary points: Start at 457883, 2449413; 457917, 2449393; 457954, 2449369; 458004, 2449331; 458025, 2449313; 458037, 2449307; 458058, 2449301; 458098, 2449392; 458308, 2449371; 458105, 2448250; 458095, 2447849; 458085, 2447839; 458077, 2447822; 458073, 2447793; 458073, 2447739; 458057, 2447694; 458046, 2447671; 458033, 2447617; 458027, 2447575; 458026, 2447556; 458023, 2447548; 458009, 2447525; 457998, 2447517; 457979, 2447491; 457946, 2447469; 457927, 2447446; 457899, 2447424; 457864, 2447408; 457850, 2447402; 457830, 2447399; 457801, 2447389; 457689, 2447425; 457690, 2447445; 457684, 2447466; 457667, 2447490; 457653, 2447503; 457639, 2447513; 457604, 2447540; 457587, 2447559; 457545, 2447595; 457538, 2447604; 457528, 2447615; 457505, 2447643; 457502, 2447650; 457473, 2447678; 457457, 2447706; 457446, 2447731; 457399, 2447802; 457389, 2447810; 457328, 2447832; 457310, 2447844; 457297, 2447860; 457274, 2447898; 457234, 2447967; 457193, 2448027; 457148, 2448093; 457124, 2448122; 457112, 2448143; 457089, 2448187; 457076, 2448209; 457048, 2448243; 457032, 2448261; 457029, 2448269; 457028, 2448278; 457031, 2448299; 457032, 2448323; 457031, 2448342; 457028, 2448361; 457016, 2448395; 457005, 2448416; 457002, 2448438; 456998, 2448448; 456991, 2448459; 456973, 2448474; 456957, 2448488; 456943, 2448512; 456930, 2448544; 456916, 2448568; 456896, 2448595; 456883, 2448609; 456870, 2448619; 456856, 2448627; 456832, 2448632; 456801, 2448644; 456771, 2448662; 456748, 2448682; 456733, 2448698; 456713, 2448726; 456697, 2448759; 456679, 2448787; 456671, 2448799; 456652, 2448821; 456635, 2448836; 456615, 2448849; 456596, 2448859; 456583, 2448874; 456572, 2448891; 456563, 2448911; 456551, 2448951; 456541, 2448985; 456535, 2449004; 456530, 2449029; 456526, 2449045; 456516, 2449067; 456504, 2449086; 456491, 2449106; 456476, 2449128; 456462, 2449139; 456446, 2449150; 456435, 2449153; 456419, 2449170; 456404, 2449186; 456395, 2449205; 456387, 2449236; 456386, 2449264; 456390, 2449313; 456395, 2449355; 456394, 2449367; 456394, 2449381; 456397, 2449394; 456401, 2449399; 456407, 2449399; 456420, 2449397; 456439, 2449398; 456457, 2449404; 456483, 2449414; 456501, 2449416; 456513, 2449416; 456533, 2449412; 456569, 2449406; 456586, 2449405; 456603, 2449410; 456620, 2449418; 456633, 2449423; 456647, 2449426; 456662, 2449428; 456681, 2449425; 456706, 2449417; 456733, 2449409; 456752, 2449403; 456769, 2449404; 456787, 2449409; 456807, 2449421; 456818, 2449430; 456826, 2449432; 456836, 2449428; 456852, 2449419; 456862, 2449411; 456869, 2449407; 456878, 2449407; 456889, 2449412; 456910, 2449422; 456924, 2449429; 456941, 2449429; 456969, 2449426; 456991, 2449421; 457000, 2449421; 457034, 2449425; 457042, 2449425; 457049, 2449422; 457064, 2449414; 457073, 2449409; 457083, 2449408; 457097, 2449407; 457107, 2449413; 457123, 2449423; 457132, 2449429; 457141, 2449431; 457168, 2449428; 457205, 2449431; 457229, 2449432; 457255, 2449429; 457276, 2449429; 457289, 2449431; 457300, 2449437; 457307, 2449440; 457314, 2449440; 457325, 2449437; 457352, 2449440; 457363, 2449443; 457395, 2449451; 457417, 2449451; 457451, 2449456; return to starting point.
(B)
(A) Unit consists of the following 18 boundary points: Start at 455868, 2449362; 456901, 2449549; 457715, 2449548; 458372, 2450048; 459061, 2449266; 460595, 2449609; 460596, 2449609; 461002, 2449077; 460947, 2448554; 460939, 2448483; 460904, 2448472; 460823, 2448447; 460270, 2448273; 459750, 2448109; 458184, 2448016; 458059, 2447453; 457715, 2447516; 456932, 2448517; return to starting point.
(B)
(A) Unit consists of the following 217 boundary points: Start at 458254, 2449672; 458681, 2449311; 458976, 2449337; 459083, 2449224; 459041, 2449114; 458385, 2448885; 457368, 2448525; 458223, 2448067; 458204, 2448065; 458165, 2447893; 458096, 2447851; 458085, 2447839; 458077, 2447822; 458073, 2447793; 458073, 2447739; 458057, 2447694; 458046, 2447671; 458033, 2447617; 458027, 2447575; 458026, 2447556; 458023, 2447548; 458009, 2447525; 457998, 2447517; 457979, 2447491; 457946, 2447469; 457927, 2447446; 457899, 2447424; 457864, 2447408; 457850, 2447402; 457830, 2447399; 457797, 2447387; 457757, 2447362; 457741, 2447354; 457739, 2447359; 457725, 2447369; 457716, 2447375; 457694, 2447401; 457689, 2447425; 457690, 2447445; 457684, 2447466; 457667, 2447490; 457653, 2447503; 457639, 2447513; 457604, 2447540; 457587, 2447559; 457545, 2447595; 457538, 2447604; 457528, 2447615; 457505, 2447643; 457502, 2447650; 457473, 2447678; 457457, 2447706; 457446, 2447731; 457399, 2447802; 457389, 2447810; 457328, 2447832; 457310, 2447844; 457297, 2447860; 457274, 2447898; 457234, 2447967; 457193, 2448027; 457148, 2448093; 457124, 2448122; 457112, 2448143; 457089, 2448187; 457076, 2448209; 457048, 2448243; 457032, 2448261; 457029, 2448269; 457028, 2448278; 457031, 2448299; 457032, 2448323; 457031, 2448342; 457028, 2448361; 457016, 2448395; 457005, 2448416; 457002, 2448438; 456998, 2448448; 456991, 2448459; 456973, 2448474; 456957, 2448488; 456943, 2448512; 456930, 2448544; 456916, 2448568; 456896, 2448595; 456883, 2448609; 456870, 2448619; 456856, 2448627; 456832, 2448632; 456801, 2448644; 456771, 2448662; 456748, 2448682; 456733, 2448698; 456713, 2448726; 456697, 2448759; 456679, 2448787; 456671, 2448799; 456652, 2448821; 456635, 2448836; 456615, 2448849; 456596, 2448859; 456583, 2448874; 456572, 2448891; 456563, 2448911; 456551, 2448951; 456541, 2448985; 456535, 2449004; 456530, 2449029; 456526, 2449045; 456516, 2449067; 456504, 2449086; 456491, 2449106; 456476, 2449128; 456462, 2449139; 456446, 2449150; 456435, 2449153; 456419, 2449170; 456404, 2449186; 456395, 2449205; 456387, 2449236; 456386, 2449264; 456390, 2449313; 456395, 2449355; 456394, 2449367; 456394, 2449381; 456397, 2449394; 456401, 2449399; 456407, 2449399; 456420, 2449397; 456439, 2449398; 456457, 2449404; 456483, 2449414; 456501, 2449416; 456513, 2449416; 456533, 2449412; 456569, 2449406; 456586, 2449405; 456603, 2449410; 456620, 2449418; 456633, 2449423; 456647, 2449426; 456662, 2449428; 456681, 2449425; 456706, 2449417; 456733, 2449409; 456752, 2449403; 456769, 2449404; 456787, 2449409; 456807, 2449421; 456818, 2449430; 456826, 2449432; 456836, 2449428; 456852, 2449419; 456862, 2449411; 456869, 2449407; 456878, 2449407; 456889, 2449412; 456910, 2449422; 456924, 2449429; 456941, 2449429; 456969, 2449426; 456991, 2449421; 457000, 2449421; 457034, 2449425; 457042, 2449425; 457049, 2449422; 457064, 2449414; 457073, 2449409; 457083, 2449408; 457097, 2449407; 457107, 2449413; 457123, 2449423; 457132, 2449429; 457141, 2449431; 457168, 2449428; 457205, 2449431; 457229, 2449432; 457255, 2449429; 457276, 2449429; 457289, 2449431; 457300, 2449437; 457307, 2449440; 457314, 2449440; 457325, 2449437; 457352, 2449440; 457363, 2449443; 457395, 2449451; 457417, 2449451; 457492, 2449461; 457515, 2449471; 457522, 2449475; 457547, 2449505; 457592, 2449538; 457610, 2449548; 457618, 2449556; 457631, 2449564; 457646, 2449571; 457651, 2449568; 457672, 2449547; 457689, 2449529; 457699, 2449522; 457714, 2449515; 457742, 2449506; 457770, 2449483; 457776, 2449475; 457788, 2449467; 457825, 2449449; 457846, 2449433; 457856, 2449429; 457917, 2449393; 457954, 2449369; 458004, 2449331; 458025, 2449313; 458037, 2449307; 458058, 2449301; 458141, 2449491; 458199, 2449615; return to starting point.
(B)
(A) Unit consists of the following 15 boundary points: Start at 458861, 2446942; 459372, 2446687; 459490, 2446382; 459454, 2446075; 459242, 2445757; 458486, 2445521; 457390, 2445835; 457139, 2445925; 457088, 2445921; 456838, 2445992; 456525, 2446628; 457027, 2447344; 458020, 2447254; 457900, 2446720; 458214, 2446760; return to starting point.
(B)
(A) Unit consists of the following 14 boundary points: Start at 457088, 2445921; 456838, 2445992; 456525, 2446628; 457027, 2447344; 458020, 2447254; 457900, 2446720; 458214, 2446760; 458887, 2446950; 459348, 2446748; 459490, 2446382; 459454, 2446075; 459242, 2445757; 458486, 2445521; 457390, 2445835; return to starting point.
(B)
(A) Unit consists of the following 13 boundary points: Start at 457013, 2447427; 458066, 2447394; 457852, 2446671; 458938, 2446966; 459350, 2446768; 459531, 2446374; 459449, 2446012; 459268, 2445749; 458544, 2445536; 457395, 2445800; 456955, 2445902; 456898, 2445915; 456486, 2446556; return to starting point.
(B)
(A) Unit consists of the following 225 boundary points: Start at 460167, 2449523; 460165, 2449520; 460143, 2449148; 460121, 2449133; 460190, 2449113; 459376, 2448529; 460097, 2448660; 460288, 2448720; 460453, 2448490; 460443, 2448485; 460474, 2448455; 460038, 2448238; 459811, 2448172; 458204, 2448065; 458165, 2447893; 458096, 2447851; 458085, 2447839; 458077, 2447822; 458073, 2447793; 458073, 2447739; 458057, 2447694; 458046, 2447671; 458033, 2447617; 458027, 2447575; 458026, 2447556; 458023, 2447548; 458009, 2447525; 457998, 2447517; 457979, 2447491; 457946, 2447469; 457927, 2447446; 457899, 2447424; 457864, 2447408; 457850, 2447402; 457830, 2447399; 457797, 2447387; 457757, 2447362; 457741, 2447354; 457739,
(B)
(A) Unit consists of the following 14 boundary points: Start at 457088, 2445921; 456838, 2445992; 456525, 2446628; 457027, 2447344; 458020, 2447254; 457900, 2446720; 458214, 2446760; 458887, 2446950; 459348, 2446748; 459490, 2446382; 459454, 2446075; 459242, 2445757; 458486, 2445521; 457390, 2445835; return to starting point.
(B)
(A) Unit consists of the following 70 boundary points: Start at 457819, 2447272; 458020, 2447254; 457971, 2447038; 457967, 2447019; 457946, 2447009; 457942, 2447010; 457938, 2447011; 457936, 2447012; 457933, 2447015; 457932, 2447018; 457930, 2447025; 457932, 2447041; 457933, 2447055; 457933, 2447059; 457931, 2447065; 457930, 2447067; 457928, 2447067; 457921, 2447067; 457918, 2447067; 457917, 2447066; 457910, 2447062; 457908, 2447062; 457898, 2447060; 457896, 2447062; 457894, 2447065; 457893, 2447069; 457890, 2447077; 457888, 2447085; 457888, 2447086; 457887, 2447093; 457887, 2447095; 457884, 2447100; 457878, 2447105; 457871, 2447102; 457868, 2447102; 457858, 2447103; 457848, 2447108; 457844, 2447111; 457841, 2447115; 457838, 2447120; 457837, 2447123; 457835, 2447125; 457831, 2447127; 457828, 2447128; 457822, 2447128; 457818, 2447128; 457816, 2447127; 457810, 2447123; 457798, 2447118; 457794, 2447120; 457792, 2447125; 457792, 2447128; 457793, 2447135; 457795, 2447145; 457799, 2447165; 457800, 2447176; 457800, 2447183; 457800, 2447185; 457801, 2447192; 457803, 2447195; 457814, 2447209; 457818, 2447215; 457825, 2447224; 457826, 2447227; 457829, 2447234; 457829, 2447244; 457828, 2447246; 457825, 2447251; 457824, 2447254; 457823, 2447264; return to starting point.
(B)
(A) Unit consists of the following 421 boundary points: Start at 458269, 2446775; 458887, 2446950; 459348, 2446748; 459490, 2446382; 459454, 2446075; 459242, 2445757; 459159, 2445731; 459158, 2445731; 459148, 2445734; 459138, 2445735; 459131, 2445738; 459126, 2445743; 459125, 2445745; 459127, 2445747; 459138, 2445755; 459142, 2445761; 459144, 2445765; 459142, 2445769; 459138, 2445772; 459135, 2445775; 459116, 2445793; 459112, 2445795; 459110, 2445797; 459106, 2445798; 459102, 2445799; 459095, 2445802; 459089, 2445805; 459085, 2445812; 459082, 2445815; 459087, 2445825; 459093, 2445831; 459103, 2445841; 459106, 2445845; 459111, 2445852; 459114, 2445859; 459118, 2445863; 459120, 2445863; 459128, 2445866; 459133, 2445871; 459134, 2445875; 459135, 2445882; 459135, 2445885; 459135, 2445892; 459135, 2445895; 459133, 2445900; 459131, 2445905; 459126, 2445913; 459123, 2445915; 459118, 2445921; 459117, 2445924; 459116, 2445925; 459114, 2445935; 459116, 2445938; 459118, 2445941; 459123, 2445945; 459126, 2445948; 459130, 2445953; 459132, 2445955; 459133, 2445965; 459132, 2445969; 459131, 2445975; 459133, 2446005; 459130, 2446025; 459130, 2446035; 459131, 2446045; 459131, 2446048; 459129, 2446055; 459124, 2446061; 459118, 2446068; 459116, 2446073; 459115, 2446075; 459118, 2446086; 459120, 2446095; 459120, 2446096; 459118, 2446102; 459117, 2446104; 459113, 2446105; 459109, 2446106; 459097, 2446106; 459088, 2446105; 459086, 2446105; 459080, 2446103; 459073, 2446100; 459068, 2446097; 459067, 2446096; 459067, 2446095; 459068, 2446086; 459069, 2446066; 459070, 2446065; 459070, 2446064; 459068, 2446060; 459066, 2446057; 459058, 2446057; 459048, 2446059; 459044, 2446061; 459038, 2446063; 459028, 2446067; 459018, 2446064; 459008, 2446062; 458998, 2446067; 458992, 2446069; 458988, 2446070; 458978, 2446070; 458968, 2446070; 458958, 2446069; 458948, 2446071; 458942, 2446072; 458938, 2446072; 458918, 2446064; 458908, 2446061; 458898, 2446057; 458889, 2446056; 458888, 2446056; 458884, 2446061; 458883, 2446065; 458887, 2446076; 458896, 2446097; 458900, 2446104; 458901, 2446105; 458905, 2446109; 458908, 2446112; 458911, 2446115; 458916, 2446125; 458913, 2446130; 458908, 2446135; 458898, 2446136; 458888, 2446135; 458878, 2446136; 458871, 2446137; 458863, 2446140; 458858, 2446143; 458857, 2446144; 458857, 2446145; 458861, 2446152; 458864, 2446165; 458863, 2446179; 458862, 2446182; 458861, 2446185; 458865,
(B)
(A) Unit consists of the following 192 boundary points: Start at 457668, 2449552; 457672, 2449547; 457689, 2449529; 457699, 2449522; 457714, 2449515; 457742, 2449506; 457770, 2449483; 457776, 2449475; 457788, 2449467; 457825, 2449449; 457846, 2449433; 457856, 2449429; 457917, 2449393; 457954, 2449369; 458004, 2449331; 458025, 2449313; 458037, 2449307; 458058, 2449301; 458141, 2449491; 458199, 2449615; 458316, 2449881; 458363, 2449984; 459083,
(B)
(A) Unit consists of the following 283 boundary points: Start at 457027, 2447344; 457644, 2447288; 457645, 2447282; 457658, 2447272; 457670, 2447265; 457675, 2447261; 457678, 2447259; 457680, 2447257; 457682, 2447255; 457680, 2447245; 457678, 2447241; 457676, 2447237; 457674, 2447235; 457669, 2447225; 457666, 2447215; 457663, 2447205; 457662, 2447195; 457661, 2447192; 457657, 2447185; 457651, 2447175; 457650, 2447173; 457648, 2447172; 457644, 2447169; 457638, 2447166; 457637, 2447166; 457631, 2447162; 457628, 2447160; 457625, 2447158; 457621, 2447152; 457618, 2447148; 457608, 2447139; 457605, 2447138; 457602, 2447135; 457600, 2447133; 457595, 2447128; 457591, 2447122; 457586, 2447115; 457584, 2447109; 457584, 2447105; 457582, 2447095; 457577, 2447086; 457576, 2447085; 457573, 2447075; 457571, 2447072; 457568, 2447068; 457564, 2447065; 457561, 2447062; 457556, 2447057; 457555, 2447055; 457552, 2447051; 457541, 2447032; 457537, 2447025; 457536, 2447017; 457536, 2447015; 457536, 2447012; 457537, 2447005; 457541, 2446995; 457545, 2446985; 457546, 2446983; 457557, 2446955; 457560, 2446945; 457558, 2446941; 457556, 2446937; 457551, 2446932; 457545, 2446928; 457540, 2446924; 457535, 2446919; 457531, 2446913; 457527, 2446906; 457524, 2446899; 457523, 2446895; 457522, 2446892; 457518, 2446887; 457517, 2446885; 457512, 2446881; 457508, 2446880; 457504, 2446879; 457497, 2446877; 457489, 2446874; 457483, 2446871; 457478, 2446868; 457471, 2446863; 457465, 2446858; 457458, 2446852; 457452, 2446845; 457448, 2446842; 457438, 2446838; 457428, 2446838; 457418, 2446837; 457408, 2446834; 457403, 2446831; 457398, 2446828; 457391, 2446823; 457385, 2446818; 457381, 2446815; 457379, 2446814; 457378, 2446814; 457371, 2446812; 457358, 2446810; 457354, 2446809; 457347, 2446807; 457344, 2446805; 457338, 2446803; 457336, 2446803; 457328, 2446805; 457327, 2446805; 457322, 2446809; 457319, 2446815; 457318, 2446825; 457308, 2446825; 457302, 2446828; 457298, 2446830; 457268, 2446834; 457258, 2446833; 457248, 2446831; 457244, 2446829; 457236, 2446825; 457228, 2446822; 457225, 2446822; 457218, 2446821; 457216, 2446823; 457213, 2446825; 457211, 2446828; 457208, 2446831; 457206, 2446833; 457200, 2446837; 457198, 2446838; 457191, 2446838; 457188, 2446838; 457168, 2446832; 457158, 2446831; 457155, 2446832; 457148, 2446834; 457138, 2446839; 457128, 2446839; 457118, 2446836; 457108,
(B)
(A) Unit consists of the following 225 boundary points: Start at 459000, 2445681; 458500, 2445525; 458499, 2445526; 458498, 2445527; 458493, 2445530; 458488, 2445532; 458485, 2445533; 458478, 2445534; 458469, 2445547; 458468, 2445547; 458463, 2445550; 458458, 2445552; 458448, 2445549; 458440, 2445544; 458428, 2445540; 458422, 2445539; 458288, 2445578; 458285, 2445582; 458281, 2445586; 458273, 2445590; 458268, 2445593; 458266, 2445596; 458263, 2445601; 458259, 2445606; 458254, 2445611; 458248, 2445616; 458248, 2445616; 458244, 2445622; 458244, 2445626; 458248, 2445632; 458258, 2445645; 458259, 2445646; 458265, 2445649; 458268, 2445650; 458278, 2445651; 458283, 2445651; 458291, 2445653; 458306, 2445656; 458323, 2445661; 458328, 2445663; 458332, 2445666; 458333, 2445671; 458334, 2445676; 458328, 2445683; 458326, 2445686; 458318, 2445691; 458316, 2445693; 458312, 2445696; 458311, 2445698; 458307, 2445704; 458288, 2445726; 458283, 2445731; 458274, 2445736; 458271, 2445738; 458268, 2445740; 458265, 2445743; 458263, 2445746; 458261, 2445748; 458257, 2445754; 458255, 2445756; 458251, 2445758; 458248, 2445760; 458244, 2445766; 458242, 2445770; 458234, 2445782; 458230, 2445786; 458229, 2445787; 458228, 2445788; 458226, 2445793; 458225, 2445796; 458224, 2445806; 458222, 2445816; 458217, 2445836; 458212, 2445849; 458207, 2445855; 458207, 2445856; 458207, 2445857; 458211, 2445863; 458215, 2445866; 458217, 2445867; 458228, 2445872; 458232, 2445872; 458235, 2445872; 458245, 2445872; 458248, 2445872; 458253, 2445870; 458261, 2445866; 458266, 2445863; 458268, 2445862; 458278, 2445859; 458292, 2445862; 458302, 2445866; 458307, 2445867; 458311, 2445869; 458318, 2445870; 458327, 2445866; 458328, 2445865; 458332, 2445860; 458336, 2445854; 458338, 2445852; 458348, 2445850; 458351, 2445853; 458356, 2445858; 458358, 2445861; 458368, 2445866; 458375, 2445862; 458378, 2445860; 458388, 2445849; 458392, 2445846; 458398, 2445841; 458408, 2445836; 458418, 2445833; 458428, 2445833; 458431, 2445833; 458439, 2445835; 458446, 2445838; 458448, 2445841; 458450, 2445844; 458452, 2445852; 458454, 2445866; 458455, 2445876; 458457, 2445885; 458457, 2445887; 458458, 2445890; 458462, 2445892; 458468, 2445893; 458478, 2445892; 458482, 2445892; 458486, 2445893; 458488, 2445893; 458495, 2445892; 458498, 2445891; 458516, 2445883; 458523, 2445880; 458528, 2445876; 458536, 2445873; 458538, 2445872; 458548, 2445871; 458551, 2445868; 458552, 2445865; 458555, 2445862; 458558, 2445859; 458565, 2445855; 458567, 2445854; 458568, 2445854; 458578, 2445853; 458588, 2445849; 458598, 2445849; 458603, 2445851; 458608, 2445853; 458610, 2445855; 458618, 2445865; 458623, 2445871; 458625, 2445875; 458628, 2445879; 458632, 2445882; 458638, 2445885; 458647, 2445884; 458658, 2445884; 458663, 2445885; 458667,
(B)
(A) Unit consists of the following 170 boundary points: Start at 457589, 2449536; 457687, 2449531; 457689, 2449529; 457699, 2449522; 457714, 2449515; 457742, 2449506; 457770, 2449483; 457776, 2449475; 457788, 2449467; 457825, 2449449; 457846, 2449433; 457856, 2449429; 457917, 2449393; 457954, 2449369; 458004, 2449331; 458025, 2449313; 458037, 2449307; 458058, 2449301; 458141, 2449491; 458199, 2449615; 458316, 2449881; 458363, 2449983; 458397, 2449949; 459083, 2449224; 460011, 2449480; 460567, 2449609; 461011, 2449133; 460921, 2448534; 459969, 2448218; 459811, 2448172; 458204, 2448065; 458165, 2447893; 458096, 2447851; 458085, 2447839; 458077, 2447822; 458073, 2447793; 458073, 2447739; 458057, 2447694; 458046, 2447671; 458033, 2447617; 458027, 2447575; 458026, 2447556; 458023, 2447548; 458009, 2447525; 457998, 2447517; 457979, 2447491; 457946, 2447469; 457930, 2447450; 457669, 2447502; 457031, 2448340; 457031, 2448342; 457028, 2448361; 457016, 2448395; 457005, 2448416; 457002, 2448438; 456998, 2448448; 456991, 2448459; 456973, 2448474; 456957, 2448488; 456943, 2448512; 456930, 2448544; 456916, 2448568; 456896, 2448595; 456883, 2448609; 456870, 2448619; 456856, 2448627; 456832, 2448632; 456801, 2448644; 456771, 2448662; 456748, 2448682; 456733, 2448698; 456713, 2448726; 456697, 2448759; 456679, 2448787; 456671, 2448799; 456652, 2448821; 456635, 2448836; 456615, 2448849; 456596, 2448859; 456583, 2448874; 456572, 2448891; 456563, 2448911; 456551, 2448951; 456541, 2448985; 456535, 2449004; 456530, 2449029; 456526, 2449045; 456516, 2449067; 456504, 2449086; 456491, 2449106; 456476, 2449128; 456462, 2449139; 456446, 2449150; 456435, 2449153; 456419, 2449170; 456404, 2449186; 456395, 2449205; 456387, 2449236; 456386, 2449264; 456390, 2449313; 456395, 2449355; 456394, 2449367; 456394, 2449381; 456397, 2449394; 456401, 2449399; 456407, 2449399; 456420, 2449397; 456439, 2449398; 456457, 2449404; 456483, 2449414; 456501, 2449416; 456513, 2449416; 456533, 2449412; 456569, 2449406; 456586, 2449405; 456603, 2449410; 456620, 2449418; 456633, 2449423; 456647, 2449426; 456662, 2449428; 456681, 2449425; 456706, 2449417; 456733, 2449409; 456752, 2449403; 456769, 2449404; 456787, 2449409; 456807, 2449421; 456818, 2449430; 456826, 2449432; 456836, 2449428; 456852, 2449419; 456862, 2449411; 456869, 2449407; 456878, 2449407; 456889, 2449412; 456910, 2449422; 456924, 2449429; 456941, 2449429; 456969, 2449426; 456991, 2449421; 457000, 2449421; 457034, 2449425; 457042, 2449425; 457049, 2449422; 457064, 2449414; 457073, 2449409; 457083, 2449408; 457097, 2449407; 457107, 2449413; 457123, 2449423; 457132, 2449429; 457141, 2449431; 457168, 2449428; 457205, 2449431; 457229, 2449432; 457255, 2449429; 457276, 2449429; 457289, 2449431; 457300, 2449437; 457307, 2449440; 457314, 2449440; 457325, 2449437; 457352, 2449440; 457363, 2449443; 457395, 2449451; 457417, 2449451; 457492, 2449461; 457515, 2449471; 457522, 2449475; 457547, 2449505; return to starting point.
(B)
(A) Unit consists of the following 25 boundary points: Start at 457390, 2445835; 457088, 2445921; 456838, 2445992; 456709, 2446255; 456732, 2446269; 456702, 2446268; 456529, 2446620; 456709, 2446891; 457027, 2447344; 458020, 2447262; 457940, 2447000; 457957, 2446974; 457900, 2446720; 458214, 2446760; 458463, 2446830; 458936, 2446928; 459341, 2446751; 459365, 2446704; 459490, 2446382; 459454, 2446075; 459260, 2445784; 458941, 2445663; 458510, 2445529; 458255, 2445590; 458262, 2445585; return to starting point.
(B)
(A) Unit consists of the following 52 boundary points: Start at 462370, 2438990; 462438, 2439048; 462412, 2439074; 462412, 2439188; 462475, 2439287; 462548, 2439318; 462631, 2439365; 462709, 2439469; 462819, 2439625; 462845, 2439625; 463011, 2439781; 463043, 2439818; 463084, 2439885; 463074, 2439911; 463037, 2439953; 463048, 2440021; 463079, 2440042; 463121, 2440109; 463162, 2440140; 463194, 2440140; 463214, 2440192; 463183, 2440245; 463313, 2440375; 463246, 2440448; 463287, 2440505; 463298, 2440609; 463256, 2440635; 463287, 2440671; 463272, 2440744; 463433, 2440739; 463496, 2440650; 463491, 2440588; 463465, 2440479; 463459, 2440333; 463465, 2440187; 463438, 2440000; 463511, 2439916; 463517, 2439870; 463449, 2439802; 463360, 2439771; 463287, 2439792; 463256, 2439766; 463183, 2439745; 463194, 2439724; 463246, 2439703; 463272, 2439677; 463183, 2439474; 463126, 2439438; 463063, 2439365; 462954, 2439297; 462938, 2439230; 462756, 2439001; return to starting point.
(B)
(A) Unit consists of the following 52 boundary points: Start at 462370, 2438990; 462438, 2439048; 462412, 2439074; 462412, 2439188; 462475, 2439287; 462548, 2439318; 462631, 2439365; 462709, 2439469; 462819, 2439625; 462845, 2439625; 463011, 2439781; 463043, 2439818; 463084, 2439885; 463074, 2439911; 463037, 2439953; 463048, 2440021; 463079, 2440042; 463121, 2440109; 463162, 2440140; 463194, 2440140; 463214,
(B)
(A) Unit consists of the following 22 boundary points: Start at 462682, 2426559; 462657, 2426391; 462532, 2426329; 462422, 2426274; 462417, 2426272; 462234, 2426225; 462055, 2426178; 461911, 2426141; 461862, 2426197; 461719, 2426089; 461655, 2426041; 461649, 2426036; 461464, 2426045; 461448, 2426165; 461433, 2426586; 461678, 2426687; 461714, 2426795; 461907, 2426808; 462068, 2426762; 462130, 2426658; 462247, 2426612; 462487, 2426760; return to starting point.
(B)
(A) Unit consists of the following 118 boundary points: Start at 458142, 2423455; 458117, 2423452; 458106, 2423450; 458074, 2423446; 458031, 2423441; 458022, 2423439; 458014, 2423466; 458021, 2423472; 458036, 2423485; 458058, 2423560; 458086, 2423655; 458073, 2423681; 458043, 2423708; 458049, 2423751; 458049, 2423808; 458039, 2423854; 458066, 2423887; 458092, 2423928; 458096, 2423934; 458119, 2423970; 458122, 2423978; 458149, 2423997; 458162, 2424054; 458136, 2424097; 458136, 2424099; 458133, 2424118; 458126, 2424160; 458066, 2424167; 458043, 2424217; 458009, 2424240; 457966, 2424313; 457930, 2424340; 457853, 2424376; 457860, 2424406; 457833, 2424456; 457640, 2424596; 457594, 2424622; 457527, 2424612; 457504, 2424622; 457474, 2424636; 457421, 2424646; 457371, 2424652; 457358, 2424642; 457321, 2424612; 457298, 2424612; 457252, 2424591; 457238, 2424585; 457218, 2424576; 457204, 2424580; 457203, 2424580; 457195, 2424582; 457148, 2424589; 457099, 2424582; 457036, 2424556; 457019, 2424549; 457006, 2424540; 456924, 2424561; 456949, 2425099; 458411, 2425339; 458609, 2425269; 459268, 2425094; 459490, 2425148; 460208, 2425361; 460651, 2425063; 460662, 2424997; 460736, 2424562; 460732, 2424559; 460721, 2424548; 460705, 2424534; 460688, 2424518; 460619, 2424484; 460594, 2424517; 460594, 2424517; 460495, 2424517; 460475, 2424550; 460373, 2424536; 460281, 2424513; 460170, 2424523; 460066, 2424516; 459976, 2424546; 459929, 2424597; 459855, 2424638; 459740, 2424652; 459629, 2424638; 459499, 2424606; 459384, 2424532; 459286, 2424472; 459212, 2424315; 459157, 2424250; 459134, 2424204; 459105, 2424102; 459085, 2424072; 459037, 2423991; 458986, 2423894; 458939, 2423815; 458891, 2423732; 458854, 2423668; 458826, 2423618; 458786, 2423542; 458741, 2423531; 458744, 2423558; 458688, 2423585; 458658, 2423661; 458631, 2423661; 458551, 2423758; 458541, 2423798; 458512, 2423871; 458445, 2423921; 458405, 2423884; 458382, 2423834; 458335, 2423824; 458305, 2423771; 458295, 2423728; 458279, 2423668; 458315, 2423638; 458312, 2423581; 458199, 2423551; 458142, 2423478; return to starting point.
(B)
(A) Unit consists of the following 53 boundary points: Start at 457776, 2425183; 457996, 2425162; 458503, 2425167; 459357, 2425044; 459695, 2425039; 459982, 2425193; 460156, 2425290; 460184, 2425357; 460210, 2425363; 460315, 2425300; 460202, 2425218; 460110, 2425157; 459890, 2425029; 459823, 2424886; 460294, 2424732; 460443, 2424844; 460683, 2424773; 460693, 2424691; 460663, 2424614; 460555, 2424732; 460443, 2424757; 460228, 2424599; 460038, 2424650; 459920, 2424768; 459634, 2424845; 459393, 2424691; 459009, 2424491; 458866, 2424113; 458958, 2423990; 459032, 2423977; 458955, 2423865; 458897, 2423775; 458840, 2423683; 458785, 2423540; 458756, 2423487; 458737, 2423478; 458661, 2423469; 458671, 2423560; 458523, 2423816; 458446, 2423913; 458293, 2423606; 458134, 2423468; 458139, 2423836; 458267, 2424138; 457955, 2424420; 457735, 2424620; 457371, 2424748; 457156, 2424676; 456952, 2424640; 456931, 2424789; 457197, 2424778; 457361, 2425116; 457765, 2425229; return to starting point.
(B)
(A) Unit consists of the following 127 boundary points: Start at 456913, 2424541; 457040, 2425134; 457651, 2425234; 458371, 2425346; 459277, 2425049; 460211, 2425364; 460651, 2425063; 460662, 2424997; 460736, 2424562; 460732, 2424559; 460721, 2424548; 460705, 2424534; 460602, 2424507; 460593, 2424514; 460496, 2424516; 460475, 2424550; 460373, 2424536; 460281, 2424513; 460213, 2424515; 460213, 2424515; 460213, 2424515; 460209, 2424517; 460185, 2424518; 460184, 2424516; 460184, 2424516; 460184, 2424516; 460169, 2424516; 460068, 2424515; 459976, 2424546; 459929, 2424597; 459855, 2424638; 459740, 2424652; 459629, 2424638; 459499, 2424606; 459384, 2424532; 459286, 2424472; 459212, 2424315; 459157, 2424250; 459134, 2424204; 459105, 2424102; 459085, 2424072; 459037, 2423991; 458982, 2423888; 458939, 2423815; 458890, 2423741; 458869, 2423724; 458842, 2423663; 458811, 2423619; 458777, 2423544; 458741, 2423531; 458744, 2423558; 458688, 2423585; 458658, 2423661; 458631, 2423661; 458551, 2423758; 458541, 2423798; 458512, 2423871; 458445, 2423921; 458405, 2423884; 458382, 2423834; 458335, 2423824; 458305, 2423771; 458295, 2423728; 458279, 2423668; 458315, 2423638; 458312, 2423581; 458199, 2423551; 458142, 2423478; 458142, 2423455; 458117, 2423452; 458106, 2423450; 458058, 2423560; 458086, 2423655; 458073, 2423681; 458043, 2423708; 458049, 2423751; 458049, 2423808; 458039, 2423854; 458066, 2423887; 458092, 2423928; 458096, 2423934; 458119, 2423970; 458122, 2423978; 458149, 2423997; 458162, 2424054; 458136, 2424097; 458136, 2424099; 458133, 2424118; 458126, 2424160; 458066, 2424167; 458043, 2424217; 458009, 2424240; 457966, 2424313; 457930, 2424340; 457853, 2424376; 457860, 2424406; 457833, 2424456; 457640, 2424596; 457594, 2424622; 457527, 2424612; 457504, 2424622; 457474, 2424636; 457421, 2424646; 457371, 2424652; 457358, 2424642; 457321, 2424612; 457298, 2424612; 457252, 2424591; 457238, 2424585; 457218, 2424576; 457204, 2424580; 457203, 2424580; 457195, 2424582; 457148, 2424589; 457099, 2424582; 457036, 2424556; 457019, 2424549; 456995, 2424533; 456994, 2424532; 456986, 2424527; 456979, 2424529; 456977, 2424529; 456926, 2424539; 456919, 2424552; 456919, 2424552; 456919, 2424552; 456917, 2424541; return to starting point.
(B)
(A) Unit consists of the following 125 boundary points: Start at 456916, 2424553; 456952, 2425094; 458386, 2425333; 459277, 2425098; 459948, 2425284; 460206, 2425358; 460327, 2425282; 460590, 2425104; 460617, 2425086; 460649, 2425064; 460662, 2424997; 460736, 2424562; 460732, 2424559; 460721, 2424548; 460705, 2424534; 460688, 2424518; 460619, 2424484; 460594, 2424518; 460497, 2424515; 460475, 2424550; 460373, 2424536; 460281, 2424513; 460213, 2424515; 460209, 2424517; 460185, 2424518; 460184, 2424516; 460178, 2424516; 460073, 2424516; 459976, 2424546; 459929, 2424597; 459855, 2424638; 459740, 2424652; 459629, 2424638; 459499, 2424606; 459384, 2424532; 459286, 2424472; 459212, 2424315; 459157, 2424250; 459134, 2424204; 459105, 2424102; 459085, 2424072; 459037, 2423991; 458985, 2423890; 458939, 2423815; 458892, 2423732; 458852, 2423677; 458849, 2423670; 458825, 2423622; 458784, 2423557; 458741, 2423531; 458744, 2423558; 458688, 2423585; 458658, 2423661; 458631, 2423661; 458551, 2423758; 458541, 2423798; 458512, 2423871; 458445, 2423921; 458405, 2423884; 458382, 2423834; 458335, 2423824; 458305, 2423771; 458295, 2423728; 458279, 2423668; 458315, 2423638; 458312, 2423581; 458199, 2423551; 458142, 2423478; 458142, 2423455; 458117, 2423452; 458106, 2423450; 458074, 2423446; 458031, 2423441; 458021, 2423472; 458036, 2423485; 458058, 2423560; 458086, 2423655; 458073, 2423681; 458043, 2423708; 458049, 2423751; 458049, 2423808; 458039, 2423854; 458066, 2423887; 458092, 2423928; 458096, 2423934; 458119, 2423970; 458122, 2423978; 458149, 2423997; 458162, 2424054; 458136, 2424097; 458136, 2424099; 458133, 2424118; 458126, 2424160; 458066, 2424167; 458043, 2424217; 458009, 2424240; 457966, 2424313; 457930, 2424340; 457853, 2424376; 457860, 2424406; 457833, 2424456; 457640, 2424596; 457594, 2424622; 457527, 2424612; 457504, 2424622; 457474, 2424636; 457421, 2424646; 457371, 2424652; 457358, 2424642; 457321, 2424612; 457298, 2424612; 457252, 2424591; 457238, 2424585; 457218, 2424576; 457204, 2424580; 457203, 2424580; 457195, 2424582; 457148, 2424589; 457099, 2424582; 457036, 2424556; 457019, 2424549; 456995, 2424533; 456919, 2424552; 456919, 2424552; 456919, 2424552; return to starting point.
(B)
(A) Unit consists of the following 115 boundary points: Start at 456977, 2424529; 456957, 2425070; 457830, 2425189; 458432, 2425322; 458875, 2425201; 459283, 2425089; 459699, 2425210; 459897, 2425266; 460048, 2425310; 460143, 2425340; 460188, 2425357; 460207, 2425364; 460327, 2425282; 460590, 2425104; 460615, 2425036; 460721, 2424548; 460705, 2424534; 460688, 2424518; 460617, 2424483; 460594, 2424517; 460497, 2424515; 460475, 2424550; 460373, 2424536; 460284, 2424515; 460212, 2424516; 460209, 2424517; 460185, 2424518; 460184, 2424516; 460179, 2424516; 460114, 2424515; 460051, 2424519; 460009, 2424534; 459976, 2424546; 459929, 2424597; 459855, 2424638; 459740, 2424652; 459629, 2424638; 459499, 2424606; 459384, 2424532; 459286, 2424472; 459212, 2424315; 459157, 2424250; 459134,
(B)
(A) Unit consists of the following 42 boundary points: Start at 460171, 2424516; 460070, 2424515; 459976, 2424546; 459929, 2424597; 459855, 2424638; 459740, 2424652; 459629, 2424638; 459499, 2424606; 459384, 2424532; 459286, 2424472; 459212, 2424315; 459157, 2424250; 459134, 2424204; 459105, 2424102; 459085, 2424072; 459037, 2423991; 459025, 2423961; 458943, 2423966; 458866, 2424034; 458846, 2424063; 458831, 2424156; 458744, 2424248; 458909, 2424734; 459045, 2424788; 459167, 2424803; 459201, 2424827; 459259, 2424875; 459327, 2424841; 459405, 2424890; 459507, 2424919; 459585, 2424919; 459643, 2424880; 459721, 2424875; 459838, 2424870; 459882, 2424802; 459964, 2424778; 460013, 2424759; 460023, 2424725; 459959, 2424666; 459964, 2424593; 460081, 2424530; 460149, 2424530; return to starting point.
(B)
(A) Unit consists of the following 109 boundary points: Start at 460009, 2424534; 459976, 2424546; 459929, 2424597; 459855, 2424638; 459740, 2424652; 459629, 2424638; 459499, 2424606; 459384, 2424532; 459286, 2424472; 459212, 2424315; 459157, 2424250; 459134, 2424204; 459105, 2424102; 459085, 2424072; 459037, 2423991; 458985, 2423890; 458939, 2423815; 458893, 2423731; 458860, 2423681; 458827, 2423624; 458787, 2423540; 458741, 2423531; 458744, 2423558; 458688, 2423585; 458658, 2423661; 458631, 2423661; 458551, 2423758; 458541, 2423798; 458512, 2423871; 458445, 2423921; 458405, 2423884; 458382, 2423834; 458335,
(B)
(A) Unit consists of the following 53 boundary points: Start at 457285, 2425044; 457378, 2425011; 457470, 2425024; 457559, 2425031; 457622, 2425008; 457671, 2425005; 457727, 2425005; 457806, 2424982; 457869, 2424952; 457961, 2424945; 458037, 2424958; 458110, 2424972; 458258, 2424958; 458301, 2424932; 458367, 2424889; 458417, 2424863; 458479, 2424866; 458568, 2424873; 458618, 2424876; 458680, 2424859; 458726, 2424853; 458789, 2424859; 458845, 2424853; 458888, 2424836; 458971, 2424836; 459043, 2424836; 459126, 2424836; 459182, 2424836; 459231, 2424853; 459304, 2424859; 459350, 2424823; 459353, 2424790; 459310, 2424764; 459251, 2424767; 459182, 2424797; 459060, 2424764; 458987, 2424764; 458888, 2424724; 458816, 2424681; 458756, 2424648; 458644, 2424671; 458499, 2424675; 458420, 2424698; 458360, 2424751; 458248, 2424803; 458050, 2424863; 457830, 2424909; 457787, 2424955; 457721, 2424949; 457691, 2424925; 457599, 2424958; 457421, 2425001; 457338, 2425005; return to starting point.
(B)
(A) Unit consists of the following 149 boundary points: Start at 460212, 2424515; 460204, 2424515; 460183, 2424515; 460180, 2424516; 460074, 2424516; 460073, 2424516; 460066, 2424516; 460017, 2424532; 460009, 2424534; 459976, 2424546; 459929, 2424597; 459855, 2424638; 459740, 2424652; 459629, 2424638; 459499, 2424606; 459384, 2424532; 459286, 2424472; 459212, 2424315; 459157, 2424250; 459134, 2424204; 459105, 2424102; 459085, 2424072; 459037,
(B)
(A) Unit consists of the following 93 boundary points: Start at 460009, 2424534; 459976, 2424546; 459929, 2424597; 459855, 2424638; 459740, 2424652; 459629, 2424638; 459499, 2424606; 459384, 2424532; 459286, 2424472; 459212, 2424315; 459157, 2424250; 459134, 2424204; 459105, 2424102; 459085, 2424072; 459037, 2423991; 458985, 2423890; 458939, 2423815; 458893, 2423731; 458860, 2423681; 458827, 2423624; 458787, 2423540; 458741, 2423531; 458744, 2423558; 458688, 2423585; 458658, 2423661; 458631, 2423661; 458551, 2423758; 458541, 2423798; 458512, 2423871; 458445, 2423921; 458405, 2423884; 458382, 2423834; 458335, 2423824; 458305, 2423771; 458295, 2423728; 458279, 2423668; 458315, 2423638; 458312, 2423581; 458199, 2423551; 458142, 2423478; 458142, 2423455; 458117, 2423452; 458106, 2423450; 458074, 2423446; 458031, 2423441; 458029, 2423440; 458021, 2423472; 458036, 2423485; 458058, 2423560; 458086, 2423655; 458073, 2423681; 458043, 2423708; 458049, 2423751; 458049, 2423808; 458039, 2423854; 458066, 2423887; 458092, 2423928; 458096, 2423934; 458119, 2423970; 458122, 2423978; 458149, 2423997; 458162, 2424054; 458136, 2424097; 458136, 2424099; 458133, 2424118; 458126, 2424160; 458066, 2424167; 458043, 2424217; 458009, 2424240; 457966, 2424313; 457930, 2424340; 457853, 2424376; 457860, 2424406; 457833, 2424456; 457640, 2424596; 457594, 2424622; 457527, 2424612; 457504, 2424622; 457474, 2424636; 457421, 2424646; 457371, 2424652; 457358, 2424642; 457377, 2425117; 457456, 2425204; 457651, 2425234; 458369, 2425346; 459306, 2425071; 460130, 2425340; 460207, 2424964; 460176, 2424516; 460170, 2424523; 460118, 2424515; 460074, 2424516; return to starting point.
(B)
(A) Unit consists of the following 26 boundary points: coastline; 458938, 2422136; 456613, 2419801; 456582, 2419934; 456653, 2420011; 456705, 2420236; 456722, 2420354; 456790, 2420479; 456952, 2420581; 457154, 2420676; 457284, 2420717; 457481, 2420921; 457534, 2420977; 457598, 2421003; 457649, 2421080; 457665, 2421106; 457862, 2421239; 458083, 2421412; 458182, 2421516; 458226, 2421605; 458262, 2421722; 458324, 2421821; 458434, 2421911; 458499, 2422001; 458665, 2422178; 458720, 2422231; 458912, 2422161; coastline.
(B)
(A) Unit consists of the following 23 boundary points: Start at 447953, 2421713; 447951, 2421694; 447757, 2421647; 447804, 2421699; 447721, 2421781; 447613, 2421788; 447569, 2421791; 447544, 2421803; 447473, 2421836; 447445, 2421889; 447380, 2422014; 447420, 2422010; 447443, 2422008; 447482, 2421943; 447527, 2421894; 447574, 2421872; 447636, 2421848; 447702, 2421846; 447752, 2421830; 447806, 2421767; 447843, 2421739; 447843, 2421739; 447961, 2421793; return to starting point.
(B)
(A) Unit consists of the following 13 boundary points: Start at 448417, 2432669; 449262, 2432700; 449291, 2432590; 449659, 2430034; 449634, 2429983; 449569, 2430034; 448593, 2429793; 446563, 2430607; 447808, 2431562; 448023, 2431693; 448011, 2431718; 448515, 2432105; 448503, 2432172; return to starting point.
(B)
(A) Unit consists of the following 8 boundary points: Start at 448513, 2432103; 448882, 2431783; 449031, 2431495; 449240, 2430109; 448586, 2429812; 446148, 2429968; 446327, 2430072; 446237, 2430356; return to starting point.
(B)
(A) Unit consists of the following 103 boundary points: Start at 451083, 2438783; 451901, 2438605; 452064, 2438426; 451856, 2438263; 451455, 2437996; 451187, 2438070; 451143, 2437728; 450727, 2437639; 450252, 2437966; 449850, 2438026; 449613, 2438100; 449806, 2437788; 449271, 2437818; 449925, 2437625; 450415, 2437446; 450653, 2436956; 450519, 2436837; 449776, 2436897; 449494, 2436897; 449449, 2437090; 449152, 2437105; 449093, 2436808; 449122, 2436615; 449018, 2436541; 449063, 2436318; 449018, 2436229; 449390, 2436422; 449628, 2436125; 449761, 2435976; 449791, 2435605; 449167, 2435427; 448900, 2435412; 449018, 2435115; 449078, 2434773; 449137, 2434416; 449122, 2434149; 449167, 2433956; 449761, 2434298; 450816, 2434491; 450400, 2433763; 450118, 2433481; 449449, 2433495; 449345, 2433287; 449613, 2433139; 449420, 2432961; 450088, 2432589; 448840, 2432604; 448677, 2432872; 448706, 2433154; 448736, 2433421; 448692, 2433629; 448677, 2434030; 448706, 2434461; 448543, 2434654; 448662, 2434921; 448394, 2434743; 448380, 2435189; 448617, 2435427; 448781, 2435753; 448825, 2436169; 448647, 2436630; 448544, 2437006; 448458, 2437328; 448714, 2437911; 448825, 2438056; 448840, 2438160; 449137, 2438219; 449330, 2438605; 449613, 2438679; 449712, 2439392; 449522, 2439625; 449191, 2439915; 449211, 2440336; 449375, 2440536; 449671, 2440580; 449971, 2440270; 449870, 2440076; 449899, 2440063; 450011, 2440098; 450059, 2440101; 450106, 2440129; 450147, 2440093; 450162, 2440075; 450162, 2440075; 450185, 2440030; 450190, 2440016; 450203, 2439969; 450175, 2439897; 450247, 2439815; 450203, 2439630; 450115, 2439486; 450071, 2439407; 450084, 2439338; 450175, 2439294; 450238, 2439250; 450252, 2439220; 450237, 2439156; 450297, 2439075; 450379, 2439062; 450463, 2438924; 450671, 2438949; 450714, 2438836; 450940, 2438833; return to starting point.
(B)
(A) Unit consists of the following 71 boundary points: Start at 449428, 2431642; 448291, 2431933; 448515, 2432105; 448503, 2432172; 448417, 2432669; 448308, 2433302; 448343, 2433782; 448405, 2434199; 447967, 2434846; 448155, 2434909; 448176, 2435180; 448551, 2435973; 448503, 2436133; 448515, 2436159; 448453, 2436296; 448343, 2436661; 448343, 2436932; 448656, 2436828; 448697, 2436870; 448489, 2437141; 448465, 2437344; 448553, 2437544; 448718, 2437621; 448739, 2438246; 449198, 2438372; 449198, 2438643; 449782, 2438789; 452161, 2437996; 452078, 2437725; 450763, 2437349; 451890, 2437015; 452182, 2436473; 451932, 2435993; 451514, 2435722; 451014, 2435931; 450993, 2436264; 450659, 2436369; 449845, 2436265; 450346, 2435952; 450367, 2435514; 449908, 2435222; 449490, 2435201; 449929, 2435075; 449908, 2434825; 449845, 2434700; 449595, 2434554; 450075, 2434575; 450179, 2434804; 450471, 2434950; 451118, 2434846; 451723, 2434533; 451848, 2434074; 451431, 2433928; 450972, 2433803; 451619, 2433532; 451514, 2433281; 451160, 2433511; 450951, 2433406; 451139, 2433177; 450680, 2433052; 451285, 2432864; 451660, 2432488; 450930, 2432238; 450763, 2432322; 450596, 2432927; 450555, 2432217; 450429, 2432050; 450533, 2431929; 450459, 2431769; 450429, 2431800; 450200, 2431445; return to starting point.
(B)
(A) Unit consists of the following 28 boundary points: Start at 448088, 2435267; 448504, 2435281; 448661, 2434734; 448844, 2434201; 448877, 2433868; 448746, 2433374; 448740, 2433286; 448740, 2433060; 448779, 2432916; 448823, 2432729; 449256, 2432753; 449617, 2431161; 449696, 2430088; 449318, 2429191; 447115, 2429408; 447101, 2429410; 447100, 2429410; 447092, 2429411; 445133, 2428627; 445203, 2428817; 445869, 2429806; 446327, 2430072; 446237, 2430356; 448515, 2432105; 448503, 2432172; 448267, 2433542; 448319, 2433974; 447886, 2434845; return to starting point.
(B)
(A) Unit consists of the following 172 boundary points: Start at 450986, 2437413; 450763, 2437349; 450920, 2437303; 450356, 2436356; 450332, 2436229; 449924, 2436215; 450288, 2435988; 450188, 2435455; 450167,
(B)
(A) Unit consists of the following 96 boundary points: Start at 448697, 2438146; 449173, 2438007; 449213, 2437809; 449273, 2437571; 449312, 2437432; 449491, 2437293; 449788, 2437392; 449987, 2437214; 449808, 2437114; 449570, 2437114; 449451, 2437214; 449273, 2437214; 449174, 2437313; 449054, 2437273; 449015, 2436936; 448935, 2436857; 448975, 2436658; 448856, 2436559; 448975, 2436500; 448975, 2436202; 449372, 2436202; 449392, 2436281; 449669, 2435944; 449669, 2435766; 449550, 2435766; 449134, 2435865; 449233, 2435746; 449035, 2435567; 448816, 2435627; 448737, 2435191; 448559, 2434913; 448777, 2434913; 448697, 2434556; 448876, 2434417; 448935, 2434219; 448797, 2433921; 448995, 2433881; 448896, 2433723; 449055, 2433762; 449193, 2433643; 449511, 2433941; 449293, 2433584; 449114, 2433564; 449114, 2433485; 448955, 2433405; 448975, 2433167; 448955, 2432949; 449154, 2433009; 448975, 2432711; 449253, 2432691; 449273, 2432592; 449451, 2432711; 449570, 2432671; 449531, 2432414; 449273, 2432215; 449312, 2432116; 449511, 2432037; 449332, 2431957; 449332, 2431819; 449193, 2431779; 449213, 2431600; 449273, 2431521; 449154, 2431342; 449193, 2431223; 449035, 2431104; 449154, 2430787; 449273, 2430450; 449352, 2430093; 448856, 2429259; 448678, 2429299; 448658, 2429855; 448283, 2429271; 448109, 2429291; 448055, 2429297; 448063, 2429438; 448201, 2429974; 448320, 2430192; 448162, 2430450; 447825, 2430549; 448499, 2431104; 447944, 2430926; 447765, 2431104; 447269, 2430529; 447249, 2430966; 446310, 2430125; 446237, 2430356; 448515, 2432105; 448503, 2432172; 448267, 2433542; 448319, 2433974; 447886, 2434845; 448515, 2436159; 448226, 2436801; 448728, 2437943; 448612, 2438099; 448598, 2438245; return to starting point.
(B)
(A) Unit consists of the following 10 boundary points: Start at 448504, 2432168; 448908, 2431685; 449077, 2430445; 448532, 2429929; 447543, 2429635; 446414, 2429881; 446462, 2430141; 446530, 2430532; 446530, 2430581; 448515, 2432105; return to starting point.
(B)
(A) Unit consists of the following 29 boundary points: Start at 448286, 2436668; 448802, 2436599; 448953, 2436524; 449029, 2436158; 449294, 2436158; 449395, 2436284; 449672, 2435981; 449672, 2435780; 449155, 2435893; 449281, 2435704; 449067, 2435527; 448840, 2435641; 448751, 2435237; 448562, 2434909; 448827, 2434897; 448713, 2434594; 448877, 2434417; 449496, 2433951; 449559, 2433825; 449193, 2433005; 448953, 2432677; 449466, 2430577; 446508, 2430564; 448515, 2432105; 448503, 2432172; 448267, 2433542; 448319, 2433974; 447886, 2434845; 448515, 2436159; return to starting point.
(B)
(A) Unit consists of the following 14 boundary points: Start at 448057, 2430921; 448043, 2430923; 447940, 2430853; 447794, 2430722; 447574, 2430543; 447170, 2430191; 446888, 2429999; 446635, 2429933; 446414, 2429985; 446295, 2430053; 446327, 2430072; 446237, 2430356; 448077, 2431769; 448127, 2431466; return to starting point.
(B)
(A) Unit consists of the following 97 boundary points: Start at 449391, 2431894; 449279, 2431726; 449412, 2431749; 449690, 2431798; 449457, 2431436; 449255, 2431122; 449376, 2430639; 449421, 2430343; 446873, 2430844; 448170, 2431840; 448531, 2431943; 448820, 2431557; 448989, 2431895; 448965, 2432281; 448482, 2432426; 448508, 2432672; 448531, 2432885; 448362, 2433440; 448458, 2434020; 448482, 2434310; 448120, 2434696; 448168, 2435203; 448627, 2435903; 448748, 2435927; 448627, 2436217; 448410, 2436458; 448458, 2436796; 448603, 2436796; 448724, 2436965; 448796, 2437134; 448579, 2437473; 448869, 2437666; 448965, 2437810; 448796, 2438149; 449110, 2438390; 449327, 2438655; 449593, 2438848; 449931, 2438655; 450245, 2438317; 450511, 2438148; 450801, 2438293; 450535, 2438535; 450100, 2438800; 449835, 2439259; 449907, 2439669; 449773, 2439813; 449569, 2440031; 449255, 2439645; 449122, 2440175; 449086, 2440321; 449255, 2440442; 449617, 2440635; 449861, 2440726; 449987, 2440561; 449690, 2440490; 449823, 2440174; 449883, 2440031; 449894, 2440032; 450149, 2440055; 450318, 2439814; 450245, 2439331; 450632, 2438969; 450873, 2438824; 451090, 2438679; 451911, 2438534; 450825, 2438003; 451018, 2437762; 450487, 2437810; 450221, 2438100; 449762, 2438124; 449521, 2438414; 449521, 2437810; 449183, 2438028; 449352, 2437617; 449400, 2437424; 449810, 2437521; 450342, 2437352; 450221, 2436989; 449569, 2436917; 449472, 2437110; 449207, 2437255; 449086, 2436845; 449086, 2436555; 449086, 2436289; 449400, 2436314; 449835, 2435686; 448869, 2435589; 448844, 2434961; 449014, 2434623; 449086, 2433875; 450390, 2434309; 450414, 2434165; 449255, 2433416; 449158, 2433126; 449448, 2433126; 449255, 2432933; 449810, 2432523; return to starting point.
(B)
(A) Unit consists of the following 89 boundary points: Start at 448798, 2438127; 449165, 2437887; 449468, 2437696; 449420, 2437473; 449516, 2437425; 449867, 2437552; 450250, 2437297; 450329, 2436930; 450170, 2436914; 449563, 2436962; 449516, 2437201; 449117, 2437201; 449101, 2436627; 449069, 2436196; 449436, 2436356; 449579, 2436132; 449739, 2435670; 449579, 2435654; 449021, 2435463; 448893, 2435494; 448814, 2435175; 448718, 2435048; 448941, 2434888; 448750, 2434537; 448941, 2434521; 449037, 2434154; 448941, 2433963; 449101, 2433963; 449117, 2433835; 449468, 2433979; 449659, 2434090; 450425, 2434298; 450361, 2434106; 450074, 2434106; 450090, 2433676; 449739, 2433835; 449771, 2433628; 449420, 2433660; 449324, 2433436; 449165, 2433245; 449404,
(B)
(A) Unit consists of the following 113 boundary points: Start at 451083, 2438783; 451901, 2438605; 452064, 2438426; 451856, 2438263; 451455, 2437996; 451187, 2438070; 451143, 2437728; 450727, 2437639; 450252, 2437966; 449850, 2438026; 449613, 2438100; 449806, 2437788; 449271, 2437818; 449925, 2437625; 450415, 2437446; 450653, 2436956; 450519, 2436837; 449776, 2436897; 449494, 2436897; 449449, 2437090; 449152, 2437105; 449093, 2436808; 449122, 2436615; 449018, 2436541; 449063, 2436318; 449018, 2436229; 449390, 2436422; 449628, 2436125; 449761, 2435976; 449791, 2435605; 449167, 2435427; 448900, 2435412; 449018, 2435115; 449078, 2434773; 449137, 2434416; 449122, 2434149; 449167, 2433956; 449761, 2434298; 450816, 2434491; 450400, 2433763; 450118, 2433481; 449449, 2433495; 449345, 2433287; 449613, 2433139; 449420, 2432961; 450088, 2432589; 449381, 2431977; 449117, 2431900; 448904, 2432197; 449065, 2432473; 448889, 2432462; 448635, 2432590; 448650, 2432917; 448613, 2433130; 448599, 2433373; 448547, 2433571; 448444, 2433659; 448580, 2433916; 448573, 2434107; 448610, 2434346; 448386, 2434622; 448239, 2434732; 448261, 2435063; 448312, 2435268; 448522, 2435445; 448610, 2435753; 448749, 2435904; 448720, 2436242; 448496, 2436469; 448485, 2436660; 448753, 2436862; 448830, 2437318; 448669, 2437450; 448845, 2437549; 448922, 2437766; 448915, 2438166; 449164, 2438353; 449293, 2438629; 449580, 2438754; 449469, 2439364; 449522, 2439625; 449191, 2439915; 449211, 2440336; 449375, 2440536; 449671, 2440580; 449971, 2440270; 449870, 2440076; 449899, 2440063; 450011, 2440098; 450059, 2440101; 450106, 2440129; 450147, 2440093; 450162, 2440075; 450162, 2440075; 450185, 2440030; 450190, 2440016; 450203, 2439969; 450175, 2439897; 450247, 2439815; 450203, 2439630; 450115, 2439486; 450071, 2439407; 450084, 2439338; 450175, 2439294; 450238, 2439250; 450252, 2439220; 450237, 2439156; 450297, 2439075; 450379, 2439062; 450463, 2438924; 450671, 2438949; 450714, 2438836; 450940, 2438833; return to starting point.
(B)
(A) Unit consists of the following 6 boundary points: Start at 448507, 2432148; 448782, 2431712; 449112, 2430394; 447193, 2430959; 447222, 2431112; 448515, 2432105; return to starting point.
(B)
(A) Unit consists of the following 47 boundary points: Start at 448793, 2439345; 450186, 2439278; 450512, 2438647; 451062, 2438321; 450655, 2437974; 450105, 2438280; 449779, 2438728; 449310, 2438545; 449228, 2438280; 448780, 2438199; 449045, 2437852; 449065, 2437302; 448943, 2436956; 448576, 2436610; 449086, 2435876; 449004, 2435713; 448760, 2435713; 448576, 2435306; 448332, 2435163; 448373, 2434837; 448739, 2434613; 448780, 2434165; 448576, 2433818; 448780, 2433452; 448699, 2432739; 449229, 2432413; 449208, 2431903; 449045, 2431434; 449004, 2430864; 449290, 2430212; 448841, 2429845; 448638, 2430069; 448699, 2430681; 448821, 2430986; 448678, 2431740; 448047, 2431333; 447800, 2431556; 448515, 2432105; 448503, 2432172; 448267, 2433542; 448319, 2433974; 447886, 2434845; 448515, 2436159; 448226, 2436801; 448728, 2437943; 448103, 2438785; 448819, 2439175; return to starting point.
(B)
(A) Unit consists of the following 195 boundary points: Start at 449378, 2440492; 449378, 2440219; 449753, 2440049; 449884, 2440014; 449514, 2439343; 449731, 2439042; 449653, 2439026; 448873, 2439316; 448605, 2440582; 448605, 2440585; 448604, 2440594; 448603, 2440603; 448601, 2440618; 448600, 2440627; 448599, 2440637; 448600, 2440668; 448601, 2440679; 448606, 2440704; 448612, 2440722; 448615, 2440731; 448619, 2440740; 448622, 2440749; 448630, 2440759; 448638, 2440764; 448650, 2440769; 448663, 2440773; 448678, 2440780; 448691, 2440790; 448711,
(B)
(A) Unit consists of the following 183 boundary points: Start at 448642, 2442419; 449125, 2442584; 449589, 2442203; 449662, 2441006; 449663, 2440988; 450101, 2440409; 449514, 2439343; 449691, 2439097; 449529, 2439072; 448873, 2439316; 448605, 2440582; 448605, 2440585; 448604, 2440594; 448603, 2440603; 448601, 2440618; 448600, 2440627; 448599, 2440637; 448600, 2440668; 448601, 2440679; 448606, 2440704; 448612, 2440722; 448615, 2440731; 448619, 2440740; 448622, 2440749; 448630, 2440759; 448638, 2440764; 448650, 2440769; 448663, 2440773; 448678, 2440780; 448691, 2440790; 448711, 2440806; 448720, 2440813; 448727, 2440820; 448735, 2440829; 448745, 2440841; 448764, 2440857; 448788, 2440878; 448802, 2440889; 448811, 2440896; 448841, 2440914; 448861, 2440927; 448877, 2440939; 448918, 2440982; 448940, 2441006; 448941, 2441024; 448943, 2441044; 448943, 2441053; 448943, 2441063; 448944, 2441075; 448948, 2441084; 448954, 2441097; 448964, 2441109; 448969, 2441116; 448971, 2441119; 448972, 2441136; 448973, 2441143; 448972, 2441150; 448967, 2441159; 448961, 2441163; 448949, 2441170; 448941, 2441177; 448933, 2441184; 448930, 2441194; 448926, 2441212; 448934, 2441230; 448940, 2441238; 448944, 2441250; 448946, 2441259; 448948, 2441264; 448948, 2441273; 448948, 2441281; 448944, 2441291; 448935, 2441302; 448928, 2441313; 448925, 2441322; 448920, 2441333; 448919, 2441341; 448917, 2441357; 448916, 2441369; 448918, 2441381; 448922, 2441392; 448930, 2441400; 448936, 2441403; 448940, 2441404; 448945, 2441411; 448948, 2441420; 448952, 2441427; 448964, 2441441; 448971, 2441443; 449003, 2441449; 449032, 2441461; 449040, 2441466; 449049, 2441471; 449053, 2441472; 449060, 2441481; 449064, 2441492; 449065, 2441502; 449066, 2441511; 449061, 2441528; 449050, 2441561; 449046, 2441569; 449043, 2441578; 449037, 2441588; 449030, 2441595; 449017, 2441611; 449012, 2441616; 449009, 2441625; 449006, 2441639; 449004, 2441650; 449000, 2441660; 448995, 2441668; 448986, 2441677; 448972, 2441689; 448957, 2441700; 448939, 2441710; 448933, 2441715; 448925, 2441722; 448915, 2441738; 448913, 2441753; 448914, 2441760; 448913, 2441774; 448915, 2441796; 448910, 2441807; 448900, 2441814; 448890, 2441818; 448884, 2441820; 448877, 2441825; 448850, 2441844; 448840, 2441852; 448831, 2441859; 448820, 2441871; 448817, 2441884; 448814, 2441894; 448813, 2441900; 448803, 2441914; 448789, 2441938; 448787, 2441967; 448781, 2441990; 448777, 2442002; 448773, 2442013; 448768,
(B)
(A) Unit consists of the following 31 boundary points: Start at 448328, 2433188; 448454, 2433140; 449088, 2433152; 449076, 2433067; 449466, 2433177; 449222, 2432836; 449320, 2432763; 449405, 2432848; 449636, 2432738; 449746, 2432531; 449527, 2432361; 449380, 2432239; 449551, 2432153; 449344, 2431617; 449685, 2431800; 449417, 2431508; 449198, 2431301; 449234, 2431142; 449271, 2430923; 449320, 2430692; 449380, 2430484; 449380, 2430229; 449441, 2429961; 449429, 2429693; 446980, 2429985; 446274, 2429948; 446193, 2429994; 446327, 2430072; 446237, 2430356; 448515, 2432105; 448503, 2432172; return to starting point.
(B)
(A) Unit consists of the following 10 boundary points: Start at 448417, 2432669; 449275, 2432700; 449659, 2430034; 449241, 2429178; 447613, 2429349; 447532, 2429359; 447101, 2429410; 446996, 2430939; 448515, 2432105; 448503, 2432172; return to starting point.
(B)
(A) Unit consists of the following 14 boundary points: Start at 449704, 2450172; 449432, 2449395; 449073, 2448923; 449147, 2447868; 448881, 2447609; 448393, 2447136; 448172, 2447124; 447753, 2447224; 447428, 2447829; 448470, 2448968; 447485, 2450219; 447507, 2450366; 449486,
(B)
(A) Unit consists of the following 82 boundary points: Start at 439347, 2452789; 439324, 2452794; 439098, 2452402; 438924, 2452225; 438478, 2451772; 438422, 2451715; 438390, 2451682; 436328, 2450087; 436296, 2450046; 436244, 2450016; 436213, 2450009; 436203, 2450009; 436111, 2449924; 436104, 2449902; 436086, 2449869; 436075, 2449855; 436058, 2449842; 436017, 2449817; 436001, 2449805; 435988, 2449789; 435985, 2449783; 435308, 2449368; 435292, 2449379; 435269, 2449384; 435247, 2449385; 434652, 2450774; 434814, 2450917; 434829, 2450928; 435956, 2451815; 438144, 2453533; 438500, 2453813; 439711, 2454765; 439738, 2454786; 439842, 2454868; 439760, 2454456; 440303, 2454155; 440294, 2454127; 440436, 2454081; 440496, 2454047; 440485, 2453995; 440492, 2453950; 440484, 2453922; 440461, 2453865; 440450, 2453851; 440432, 2453815; 440421, 2453780; 440412, 2453745; 440410, 2453716; 440404, 2453694; 440384, 2453655; 440378, 2453623; 440380, 2453590; 440370, 2453517; 440363, 2453496; 440355, 2453461; 440350, 2453451; 440333, 2453428; 440315, 2453408; 440288, 2453388; 440275, 2453381; 440244, 2453334; 440223, 2453322; 440199, 2453305; 440147, 2453289; 440119, 2453282; 440093, 2453280; 439987, 2453284; 439962, 2453283; 439924, 2453275; 439905, 2453264; 439787, 2453162; 439724, 2453135; 439639, 2453119; 439600, 2453107; 439553, 2453082; 439503, 2453046; 439481, 2453022; 439473, 2452985; 439464, 2452963; 439414, 2452909; 439390, 2452876; 439355, 2452801; return to starting point.
(B)
(A) Unit consists of the following 292 boundary points: Start at 435336, 2442801; 435344, 2442802; 435367, 2442807; 435391, 2442814; 435415, 2442819; 435435, 2442826; 435454, 2442831; 435476, 2442838; 435496, 2442844; 435516, 2442850; 435530, 2442853; 435534, 2442855; 435543, 2442858; 435556, 2442862; 435571, 2442867; 435585, 2442876; 435596, 2442883; 435624, 2442882; 435632, 2442910; 435642, 2442920; 435658, 2442932; 435668, 2442948; 435673, 2442959; 435681, 2442977; 435688, 2442995; 435693, 2443006; 435698, 2443024; 435704, 2443036; 435708, 2443047; 435715, 2443064; 435722, 2443078; 435725, 2443086; 435729, 2443093; 435735, 2443103; 435738, 2443112; 435743, 2443127; 435749, 2443138; 435753, 2443149; 435757, 2443155; 435766, 2443169; 435778, 2443179; 435790, 2443186; 435804, 2443188; 435821, 2443194; 435842, 2443199; 435861, 2443202; 435874, 2443204; 435889, 2443208; 435904, 2443211; 435933, 2443223; 435942, 2443232; 435949, 2443246; 435958, 2443255; 435969, 2443263; 435979, 2443271; 435993, 2443281; 436010, 2443297; 436032, 2443316; 436048, 2443332; 436064, 2443343; 436080, 2443358; 436089, 2443375; 436095, 2443390; 436100, 2443403; 436107, 2443421; 436113, 2443456; 436118, 2443477; 436123, 2443502; 436134, 2443520; 436146, 2443534; 436160, 2443543; 436175, 2443554; 436190, 2443560; 436213, 2443563; 436227, 2443563; 436240, 2443562; 436254, 2443557; 436265, 2443552; 436274, 2443547; 436287, 2443540; 436300, 2443537; 436315, 2443532; 436328, 2443529; 436337, 2443528; 436348, 2443531; 436357, 2443536; 436369, 2443546; 436380, 2443558; 436392, 2443572; 436403, 2443585; 436421, 2443611; 436438, 2443631; 436460, 2443655; 436478, 2443676; 436497, 2443688; 436518, 2443696; 436534, 2443700; 436558, 2443707; 436576, 2443711; 436597, 2443714; 436611, 2443716; 436630, 2443718; 436644, 2443720; 436655, 2443724; 436666, 2443731; 436678, 2443742; 436697, 2443756; 436708, 2443763; 436726, 2443769; 436745, 2443772; 436758,
(B) Excluding 2 areas:
(
(
(C)
(A) Unit consists of the following 42 boundary points: Start at 434114, 2450720; 434166, 2450751; 434206, 2450682; 434246, 2450687; 434293, 2450650; 434374, 2450717; 434437, 2450858; 434504, 2450749; 434475, 2450619; 434648, 2450659; 434778, 2450484; 435695, 2450389; 435608, 2450327; 435588, 2450199; 435632, 2450023; 435535, 2449928; 435447, 2449835; 435182, 2449829; 435011, 2449895; 434939, 2449841; 434894, 2449891; 434816, 2449871; 434773, 2449947; 434755, 2449958; 434787, 2450016; 434784, 2450052; 434742, 2450070; 434609, 2450052; 434578, 2450109; 434543, 2450151; 434504, 2450195; 434399, 2450200; 434430, 2450325; 434417, 2450370; 434363, 2450363; 434331, 2450386; 434320, 2450475; 434145, 2450379; 433991, 2450281; 433804, 2450277; 433704, 2450352; 433744, 2450570; return to starting point.
(B)
(A) Unit consists of the following 192 boundary points: Start at 439360, 2452812; 439283, 2452730; 439242, 2452604; 439217, 2452559; 439144, 2452406; 439128, 2452379; 439125, 2452373; 439120, 2452368; 439061, 2452327; 439037, 2452297; 439020, 2452266; 438997, 2452241; 438936, 2452213; 438888, 2452163; 438833, 2452090; 438761, 2452013; 438715, 2451908; 438680, 2451858; 438680, 2451783; 438675, 2451766; 438670, 2451754; 438657, 2451738; 438599, 2451708; 438529, 2451692; 438484, 2451690; 438442, 2451682; 438429, 2451670; 438425, 2451652; 438440, 2451600; 438435, 2451571; 438419, 2451509; 438410, 2451464; 438422, 2451414; 438454, 2451380; 438478, 2451359; 438485, 2451346; 438481, 2451287; 438472, 2451261; 438467, 2451228; 438472, 2451209; 438481, 2451188; 438486, 2451163; 438484, 2451141; 438475, 2451113; 438455, 2451089; 438434, 2451069; 438425, 2451047; 438435, 2450985; 438427, 2450964; 438472, 2450910; 438501, 2450796; 438488, 2450686; 438554, 2450559; 438576, 2450448; 438571, 2450438; 438578, 2450438; 438581, 2450423; 438621, 2450415; 438690, 2450392; 438715, 2450373; 438731, 2450342; 438736, 2450325; 438737, 2450311; 438732, 2450286; 438717, 2450241; 438713, 2450206; 438716, 2450162; 438717, 2450158; 438658, 2450128; 438536, 2450165; 438407, 2450217; 438314, 2450210; 438311, 2450196; 438281, 2450069; 438277, 2449915; 438166, 2449844; 438107, 2449793; 437960, 2449667; 437875, 2449601; 437812, 2449579; 437668, 2449383; 437627, 2449302; 437550, 2449262; 437413, 2449247; 437247, 2449258; 437125, 2449214; 436955, 2449122; 436770, 2449170; 436737, 2449184; 436566, 2449559; 436578, 2449579; 436604, 2449675; 436575, 2449727; 436490, 2449760; 436423, 2449793; 436375, 2449838; 436375, 2449882; 436386, 2449952; 436334, 2449989; 436253, 2450044; 436310, 2450116; 436170, 2450294; 436132, 2450455; 436191, 2450690; 436218, 2450861; 436154, 2451005; 436084, 2451096; 436071, 2451235; 435999, 2451347; 436020, 2451545; 435900,
(B)
(A) Unit consists of the following 69 boundary points: Start at 442522, 2443254; 442609, 2443267; 442692, 2443312; 442829, 2443300; 442867, 2443258; 442962, 2443258; 443104, 2443163; 443187, 2443067; 443307, 2442972; 443473, 2442880; 443531, 2442768; 443548, 2442664; 443133, 2442864; 443045, 2442860; 442933, 2442822; 442746, 2442880; 442717, 2442860; 442622, 2442897; 442605, 2442901; 442522, 2442930; 442414, 2442951; 442265, 2442959; 442182, 2442935; 442099, 2442876; 441804, 2442823; 441629, 2442831; 441355, 2442906; 441177, 2443010; 441098, 2443101; 440998, 2443113; 440811, 2443118; 440487, 2443134; 440400, 2443172; 440350, 2443202; 440371, 2443201; 440305, 2443230; 440350, 2443202; 440309, 2443205; 440251, 2443371; 440271, 2443487; 440309, 2443591; 440300, 2443720; 440275, 2443832; 440346, 2443811; 440496, 2443865; 440579, 2443877; 440616, 2443852; 440633, 2443769; 440753, 2443736; 440923, 2443749; 440919, 2443678; 440919, 2443541; 440994, 2443479; 441127, 2443466; 441181, 2443487; 441280, 2443462; 441393, 2443516; 441451, 2443508; 441434, 2443437; 441417, 2443358; 441417, 2443288; 441488, 2443242; 441679, 2443229; 441775, 2443242; 441908, 2443263; 442020, 2443258; 442153, 2443263; 442298, 2443225; 442373, 2443262; return to starting point.
(B)
(A) Unit consists of the following 113 boundary points: Start at 438531, 2445488; 438506, 2445513; 438506, 2445542; 438552, 2445621; 438610, 2445684; 438656, 2445758; 438656, 2445742; 438677, 2445713; 438697, 2445708; 438739, 2445721; 438760, 2445758; 438805, 2445779; 438847, 2445791; 438863, 2445825; 438913, 2445854; 438959, 2445820; 439001,
(B)
(A) Unit consists of the following 208 boundary points: Start at 439373, 2440983; 438934, 2442351; 438866, 2442347; 438838, 2442340; 438821, 2442339; 438757, 2442331; 438721, 2442329; 438704, 2442326; 438694, 2442327; 438679, 2442324; 438656, 2442321; 438626, 2442315; 438609, 2442314; 438561, 2442316; 438535, 2442314; 438523, 2442310; 438517, 2442310; 438496, 2442310; 438460, 2442320; 438453, 2442321; 438436, 2442321; 438433, 2442319; 438418, 2442311; 438392, 2442294; 438376, 2442278; 438355, 2442265; 438305, 2442256; 438254, 2442248; 438238, 2442248; 438219, 2442244; 438157, 2442234; 438130, 2442234; 438114, 2442232; 438098, 2442237; 438065, 2442246; 438049, 2442246; 438030, 2442243; 438012, 2442229; 438000, 2442216; 437998, 2442205; 437996, 2442188; 437984, 2442167; 437973, 2442147; 437954, 2442136; 437939, 2442128; 437926, 2442125; 437912, 2442123; 437873, 2442121; 437839, 2442110; 437826, 2442106; 437806, 2442092; 437791, 2442074; 437777, 2442052; 437766, 2442017; 437758, 2441998; 437754, 2441991; 437751, 2441981; 437745, 2441950; 437740, 2441938; 437736, 2441928; 437717, 2441899; 437711, 2441887; 437705, 2441878; 437689, 2441877; 437674, 2441875; 437647, 2441866; 437635, 2441866; 437617, 2441866; 437602, 2441867; 437566, 2441876; 437532, 2441880; 437522, 2441879; 437495, 2441869; 437460, 2441862; 437391, 2441858; 437366, 2441852; 437346, 2441845; 437332, 2441842; 437317, 2441835; 437287, 2441816; 437274, 2441809; 437240, 2441796; 437224, 2441791; 437181, 2441781; 437150, 2441777; 437111, 2441777; 437096, 2441779; 437062, 2441776; 437008, 2441775; 436960, 2441776; 436912, 2441780; 436895, 2441784; 436825, 2441795; 436799, 2441801; 436777, 2441809; 436730, 2441820; 436695, 2441811; 436666, 2441808; 436638, 2441803; 436618, 2441796; 436593, 2441792; 436583, 2441789; 436541, 2441785; 436492, 2441773; 436453, 2441759; 436419, 2441739; 436408, 2441737; 436374, 2441718; 436357, 2441708; 436342, 2441700; 436319, 2441681; 436285, 2441639; 436272, 2441618; 436247, 2441590; 436228, 2441575; 436203, 2441564; 436181, 2441558; 436167, 2441552; 436155, 2441546; 436121, 2441536; 436070, 2441515; 436039, 2441504; 436033, 2441502; 435654, 2441777; 435600, 2441959; 435782, 2441952; 436106, 2442053; 436248, 2441979; 436335, 2441979; 436369, 2442121; 436450, 2442100; 436659, 2442080; 436740, 2442121; 436915, 2442033; 437084, 2442087; 436936, 2442161; 436922, 2442363; 436625, 2442458; 436666, 2442525; 436888, 2442559; 436740, 2442647; 436720, 2442755; 436558, 2442714; 436524, 2442748; 436450, 2442707; 436403, 2442761; 436302, 2442714; 436160, 2442701; 436248, 2442883; 436410, 2442883; 436571, 2443011; 436551, 2443078; 436558, 2443159; 436504, 2443294; 436916, 2443395; 437003, 2443335; 437192, 2443314; 437152, 2443409; 437226, 2443523; 437327, 2443564; 437266, 2443705; 437320, 2443827; 437523, 2443847; 437583, 2443901; 437718, 2443833; 437921, 2443989; 437948, 2443935; 438062, 2443982; 438170, 2443867; 438251, 2444002; 438366, 2443955; 438447, 2444009; 438440, 2444117; 438575, 2444231; 438710, 2444285; 438804, 2444143; 438959, 2444042; 438986, 2444211; 439047, 2444184; 439074, 2444224; 439162, 2444325; 439155, 2444400; 439499, 2444649; 439823, 2444453; 439850, 2444238; 439735, 2444008; 440518, 2443732; 440241, 2443624; 439007, 2443361; 438993, 2443220; 439155, 2443132; 439128, 2442977; 439283, 2442970; 439405, 2443051; 439357, 2442916; 439668, 2442943; 439364, 2442849; 439283, 2442552; 440646, 2442700; 440437, 2442248; 440005, 2441810; 440281, 2441608; 439863, 2441513; 439641, 2441304; 439769, 2441257; 439964, 2441257; 439769, 2441055; 439904, 2440980; return to starting point.
(B)
(A) Unit consists of the following 106 boundary points: Start at 434696, 2446537; 434683, 2446522; 434681, 2446520; 434675, 2446517; 434668, 2446521; 434668, 2446521; 434668, 2446522; 434668, 2446522; 434668, 2446522; 434668, 2446523; 434668, 2446523; 434668, 2446523; 434668, 2446524; 434668, 2446524; 434668, 2446525; 434668, 2446525; 434668, 2446525; 434668, 2446526; 434652, 2446530; 434615, 2446532; 434610, 2446511; 434615, 2446491; 434606, 2446463; 434569, 2446454; 434550, 2446470; 434504, 2446463; 434476, 2446440; 434460, 2446433; 434442, 2446465; 434423, 2446465; 434391, 2446428; 434366, 2446435; 434338, 2446426; 434320, 2446403; 434320, 2446371; 434336, 2446358; 434340, 2446352; 434353, 2446346; 434357, 2446343; 434387, 2446345; 434407, 2446334; 434435, 2446292; 434481, 2446285; 434479, 2446232; 434377, 2446272; 434294, 2446325; 434230, 2446392; 434193, 2446470; 434195, 2446546; 434211, 2446580; 434287, 2446652; 434320, 2446721; 434377, 2446857; 434453, 2446984; 434516, 2447023; 434534, 2447011; 434555, 2446861; 434573, 2446827; 434571, 2446746; 434587, 2446615; 434631, 2446567; 434684, 2446543; 434684, 2446543; 434684, 2446543; 434685, 2446543; 434685, 2446543; 434685, 2446543; 434686, 2446543; 434686, 2446543; 434686, 2446543; 434687, 2446543; 434687, 2446543; 434687, 2446543; 434688, 2446543; 434688, 2446543; 434689, 2446543; 434689, 2446543; 434689, 2446543; 434690, 2446543; 434690, 2446543; 434690, 2446543; 434691, 2446543; 434691, 2446543; 434691, 2446543; 434692, 2446543; 434692, 2446543; 434692, 2446543; 434693, 2446543; 434693, 2446543; 434693, 2446543; 434694, 2446543; 434694, 2446543; 434695, 2446542; 434695, 2446542; 434695, 2446542; 434696, 2446542; 434696, 2446542; 434696, 2446542; 434697, 2446542; 434697, 2446542; 434697, 2446541; 434698, 2446541; 434698, 2446541; 434698, 2446541; 434698, 2446541; 434699, 2446541; return to starting point.
(B)
(A) Unit consists of the following 27 boundary points: Start at 434055, 2448131; 434055, 2448166; 434207, 2448223; 434407, 2448288; 434564, 2448338; 434672, 2448322; 434718, 2448272; 434714, 2448223; 434679, 2448184; 434610, 2448154; 434550, 2448092; 434580, 2448043; 434656, 2447972; 434725, 2447970; 434765, 2447954; 434880, 2447767; 434825, 2447721; 434767, 2447721; 434714, 2447719; 434716, 2447684; 434672, 2447682; 434626, 2447707; 434610, 2447749; 434612, 2447797; 434400, 2447965; 434283, 2447995; 434151, 2448076; return to starting point.
(B)
(A) Unit consists of the following 63 boundary points: Start at 438024, 2445182; 437858, 2445698; 437863, 2445701; 437907, 2445735; 437930, 2445790; 437989, 2445842; 438041, 2445816; 438078, 2445809; 438112, 2445868; 438115, 2445913; 438130, 2445931; 438175, 2445835; 438156, 2445794; 438152, 2445742; 438193, 2445686; 438275, 2445657; 438297, 2445664; 438375, 2445727; 438401, 2445742; 438401, 2445709; 438368, 2445664; 438312, 2445590; 438312, 2445556; 438353, 2445523; 438464, 2445467; 438546, 2445489; 438609, 2445482; 438732, 2445482; 438814, 2445463; 438892, 2445541; 438929, 2445515; 438981, 2445441; 438999, 2445463; 439066, 2445397; 439137, 2445530; 439200, 2445534; 439330, 2445396; 439352, 2445333; 439333, 2445192; 439274, 2445133; 439192, 2445088; 439125, 2445088; 439085, 2445140; 438996, 2445126; 438970, 2445100; 438962, 2445018; 438921, 2445007; 438825, 2444947; 438784, 2444988; 438762, 2445062; 438713, 2445051; 438680, 2445055; 438680, 2445170; 438602, 2445196; 438535, 2445178; 438476, 2445204; 438431, 2445244; 438364, 2445267; 438286, 2445237; 438268, 2445185; 438219, 2445118; 438141, 2445118; 438030, 2445174; return to starting point.
(B)
(A) Unit consists of the following 12 boundary points: Start at 438424, 2444853; 438550, 2444811; 438668, 2444697; 438924, 2444597; 439252, 2444612; 439616, 2444997; 439629, 2445010; 439911, 2444437; 439905, 2444434; 439701, 2444298; 438490, 2443789; 438404, 2444823; return to starting point.
(B)
(A) Unit consists of the following 807 boundary points: coastline; 430380, 2450816; 430372, 2450803; 430368, 2450818; 430364, 2450833; 430362, 2450842; 430355, 2450855; 430348, 2450863; 430335, 2450873; 430331, 2450883; 430328, 2450897; 430326, 2450922; 430319, 2450953; 430305, 2450972; 430295, 2450980; 430285, 2450982; 430281, 2450979; 430276, 2450975; 430272, 2450958; 430273, 2450938; 430261, 2450933; 430250, 2450924; 430246, 2450905; 430251, 2450875; 430256, 2450842; 430268, 2450786; 430261, 2450779; 430252, 2450779; 430249, 2450795; 430246, 2450807; 430242, 2450821; 430234, 2450838; 430217, 2450857; 430209, 2450860; 430204, 2450855; 430197, 2450844; 430193, 2450832; 430172, 2450844; 430173, 2450865; 430175, 2450880; 430183, 2450896; 430192, 2450910; 430197, 2450925; 430197, 2450937; 430194, 2450949; 430187, 2450962; 430177, 2450971; 430166, 2450974; 430154, 2450976; 430132, 2450976; 430116, 2450985; 430107, 2450980; 430091, 2450975; 430078, 2450990; 430069, 2450993; 430061, 2450978; 430054, 2450938; 430051, 2450920; 430030, 2450915; 430016, 2450914; 430010, 2450909; 430009, 2450885; 430018, 2450854; 430024, 2450828; 430018, 2450825; 430011, 2450820; 430009, 2450808; 430013, 2450787; 430022, 2450756; 430002, 2450778; 429994, 2450795; 429984, 2450820; 429965, 2450849; 429939, 2450888; 429927, 2450906; 429914, 2450914; 429910, 2450911; 429907, 2450899; 429909, 2450889; 429915, 2450875; 429923, 2450865; 429926, 2450848; 429926, 2450827; 429923, 2450820; 429918, 2450819; 429909, 2450824; 429905, 2450835; 429897, 2450849; 429889, 2450860; 429879, 2450871; 429869, 2450875; 429863, 2450868; 429863, 2450852; 429861, 2450836; 429866, 2450814; 429870, 2450799; 429879, 2450785; 429885, 2450774; 429883, 2450763; 429879, 2450756; 429874, 2450750; 429875, 2450744; 429873, 2450736; 429866, 2450746; 429861, 2450753; 429854, 2450754; 429848, 2450756; 429843, 2450769; 429841, 2450785; 429827, 2450802; 429816, 2450819; 429797,
(B)
(A) Unit consists of the following 146 boundary points: coastline; 427095, 2450498; 427122, 2450315; 427060, 2450219; 426989, 2450139; 426899, 2450102; 426842, 2450083; 426718, 2450054; 426533, 2450045; 426396, 2449902; 426196, 2449751; 426078, 2449627; 425945, 2449585; 425683, 2449570; 425603, 2449523; 425935, 2449124; 425484, 2449385; 425361, 2449167; 425290, 2449017; 425272, 2449039; 425267, 2449033; 425259, 2449024; 425156, 2449046; 438151, 2455997; 438175, 2455951; 437980, 2455838; 437781, 2455767; 437748, 2455684; 437624, 2455686; 437596, 2455530; 437415, 2455416; 437353, 2455428; 437240, 2455402; 437187, 2455293; 437121, 2455312; 436893, 2455212; 436694, 2455108; 436670, 2454975; 436518, 2455013; 436186, 2454752; 435963, 2454705; 435782, 2454719; 435815, 2454383; 435773, 2454345; 435478, 2454572; 435355, 2454397; 435189, 2454316; 435198, 2454193; 435103, 2454269; 435087, 2454279; 435049, 2454273; 434968, 2454196; 434917, 2454149; 434823, 2454030; 434759, 2453950; 434695, 2453852; 434572, 2453716; 434563, 2453601; 434440, 2453605; 434431, 2453507; 434325, 2453410; 434159, 2453307; 434061, 2453235; 433716, 2452967; 433290, 2452789; 433133, 2452729; 433175, 2452661; 433086, 2452542; 433195, 2452368; 432916, 2452476; 432886, 2452378; 432815, 2452468; 432720, 2452373; 432710, 2452264; 432639, 2452321; 432487, 2452178; 432316, 2452117; 432330, 2452036; 432264, 2452055; 432008, 2451880; 431946, 2451956; 431789, 2451885; 431789, 2451823; 431756, 2451804; 431666, 2451899; 431447, 2451795; 431371, 2451676; 431286, 2451695; 431329, 2451576; 431310, 2451429; 431134, 2451353; 430963, 2451410; 430947, 2451439; 430893, 2451445; 430807, 2451586; 430761, 2451556; 430837, 2451309; 430777, 2451319; 430643, 2451285; 430595, 2451285; 430534, 2451345; 430495, 2451419; 430434, 2451441; 430326, 2451403; 430237, 2451411; 430239, 2451337; 430191, 2451306; 430126, 2451313; 430037, 2451352; 429905, 2451309; 429887, 2451259; 429807,
(B)
(A) Unit consists of the following 69 boundary points: Start at 437683, 2443241; 437679, 2443194; 437679, 2443137; 437726, 2443130; 437800, 2443150; 437817, 2443127; 437817, 2443080; 437803, 2443033; 437834, 2443009; 437887, 2443019; 437907, 2443056; 437948, 2443043; 437974, 2443036; 438008, 2443046; 438042, 2443036; 438082, 2443070; 438122, 2443033; 438162, 2443003; 438196, 2443043; 438216, 2443029; 438223, 2442992; 438246, 2442986; 438280, 2442986; 438280, 2442952; 438246, 2442915; 438283, 2442821; 438310, 2442764; 438307, 2442707; 438273, 2442644; 438199, 2442520; 438176, 2442479; 438139, 2442419; 438109, 2442349; 438065, 2442285; 438066, 2442260; 438008, 2442239; 437971, 2442255; 437914, 2442255; 437830, 2442245; 437776, 2442271; 437676, 2442224; 437629, 2442167; 437572, 2442198; 437505, 2442302; 437438, 2442355; 437394, 2442392; 437314, 2442416; 437203, 2442506; 437015, 2442694; 436914, 2442875; 436847, 2442946; 436844, 2442986; 436847,
(B)
(A) Unit consists of the following 26 boundary points: Start at 431534, 2446637; 431530, 2446604; 431553, 2446538; 431557, 2446483; 431526, 2446397; 431495, 2446365; 431522, 2446303; 431518, 2446216; 431487, 2446158; 431420, 2446115; 431408, 2446048; 431322, 2445985; 431256, 2445938; 431193, 2445891; 431201, 2445817; 431177, 2445766; 431099, 2445738; 431079, 2445703; 431079, 2445652; 431040, 2445613; 430985, 2445601; 430977, 2445767; 431060, 2445963; 431278, 2446215; 431483, 2446536; 431491, 2446759; return to starting point.
(B)
(A) Unit consists of the following 195 boundary points: Start at 430306, 2449349; 430289, 2449399; 430307, 2449482; 430312, 2449517; 430313, 2449532; 430320, 2449553; 430331, 2449565; 430346, 2449596; 430354, 2449622; 430355, 2449641; 430348, 2449666; 430376, 2449750; 430384, 2449766; 430406, 2449796; 430471, 2449787; 430527, 2449754; 430583, 2449736; 430635, 2449693; 430696, 2449656; 430720, 2449646; 430819, 2449646; 430899, 2449674; 430918, 2449717; 430904, 2449834; 430927, 2449905; 430955, 2449985; 430993, 2450032; 431068, 2450041; 431153, 2450008; 431238, 2449970; 431285, 2449942; 431360, 2449956; 431449, 2449886; 431497, 2449867; 431605, 2449895; 431657, 2449890; 431699, 2449876; 431765, 2449810; 431864, 2449801; 431981, 2449792; 432047, 2449787; 432113, 2449740; 432217, 2449712; 432259, 2449679; 432344, 2449744; 432419, 2449806; 432471, 2449904; 432504, 2449961; 432579, 2450036; 432551, 2450083; 432523, 2450130; 432523, 2450182; 432565, 2450262; 432523, 2450304; 432475, 2450313; 432452, 2450337; 432461, 2450375; 432480, 2450426; 432490, 2450478; 432501, 2450529; 432504, 2450523; 432515, 2450503; 432528, 2450468; 432550, 2450412; 432573, 2450385; 432591, 2450373; 432650, 2450343; 432692, 2450330; 432709, 2450317; 432733, 2450275; 432745, 2450272; 432752, 2450270; 432768, 2450266; 432797, 2450260; 432826, 2450224; 432630, 2449144; 431875, 2448395; 432139, 2448086; 432281, 2448051; 432381, 2447879; 432133, 2447631; 432001, 2447726; 431369, 2447027; 431298, 2446522; 430955, 2445963; 430827, 2445619; 430786, 2445492; 430766, 2445492; 430727, 2445433; 430705, 2445408; 430574, 2445414; 430574, 2445437; 430570, 2445519; 430534, 2445558; 430444, 2445594; 430409, 2445613; 430386, 2445672; 430350, 2445711; 430264, 2445727; 430174, 2445786; 430060, 2445860; 430029, 2445923; 429990, 2446009; 429904, 2446040; 429857, 2446017; 429790, 2446025; 429708, 2446076; 429602, 2446170; 429547, 2446209; 429441, 2446185; 429335,
(B)
(A) Unit consists of the following 95 boundary points: Start at 429915, 2449188; 429965, 2449062; 430201, 2448831; 430327, 2448700; 430306, 2448648; 430232, 2448495; 430290, 2448327; 430311, 2448243; 430232, 2448128; 430180, 2448034; 430159, 2447929; 430359, 2447892; 430411, 2447803; 430380, 2447729; 430348, 2447629; 430353, 2447566; 430558, 2447320; 430527, 2447152; 430190, 2446989; 430070, 2446732; 429881, 2446390; 429644, 2446469; 429497, 2446543; 429366, 2446511; 429303, 2446427; 429257, 2446389; 429094, 2446389; 428972, 2446421; 428904, 2446474; 428793, 2446542; 428740, 2446564; 428656, 2446475; 428599, 2446448; 428476, 2446463; 428396, 2446447; 428285, 2446458; 428164, 2446469; 428132, 2446490; 428200, 2446564; 428331, 2446837; 428510, 2447146; 428442, 2447304; 428247, 2447309; 428011, 2447409; 427922, 2447451; 427738, 2447467; 427607, 2447561; 427533, 2447692; 427386, 2447950; 427387, 2447965; 427327, 2448019; 427380, 2448042; 427201, 2448195; 427217, 2448242; 427012, 2448409; 427258, 2448415; 427607, 2448226; 427862, 2448339; 427544, 2448453; 427563, 2448503; 427874, 2448588; 427289, 2448764; 427276, 2448805; 427868, 2448846; 428032, 2449016; 427928, 2449075; 427852, 2449025; 427777, 2449101; 427632, 2449142; 427604, 2449204; 427487, 2449201; 427456, 2449157; 427267, 2449217; 427242, 2449308; 427289, 2449362; 427563, 2449519; 427915, 2449547; 428063, 2449431; 427988, 2449619; 427758, 2449701; 427651, 2449852; 427830, 2449773; 427975, 2449824; 428258, 2449632; 428274, 2449547; 428356, 2449494; 428447, 2449371; 428840, 2449311; 428840, 2449396; 428957, 2449415; 428994, 2449368; 429164, 2449330; 429174, 2449437; 429740, 2449559; 429916, 2449188; return to starting point.
(B)
(A) Unit consists of the following 21 boundary points: Start at 449858, 2451521; 450073, 2451227; 449432, 2449395; 449073, 2448923; 449139, 2447988; 449020, 2447860; 448992, 2447717; 448881, 2447609; 448339, 2447084; 447861, 2447198; 447734, 2447260; 447428, 2447829; 448470, 2448968; 447125, 2450677; 447365, 2451166; 447874, 2451166; 447753, 2450562; 448823, 2450472; 449385, 2450762; 449623, 2451217; 449789, 2451615; return to starting point.
(B)
(A) Unit consists of the following 95 boundary points: Start at 439347, 2452789; 439324, 2452794; 439098, 2452402; 438924, 2452225; 438576, 2451872; 438558, 2451853; 438541, 2451836; 438516, 2451811; 438493, 2451829; 438494, 2451843; 438496, 2451871; 438498, 2451889; 438597, 2453123; 438761, 2453483; 439385, 2453352; 439352, 2454138; 439582, 2455646; 439652, 2455480; 439844, 2455023; 441271, 2456733; 441363, 2456677; 441568, 2456107; 441546, 2456104; 441531, 2456098; 441511, 2456077; 441498, 2456050; 441482, 2456033; 441462, 2456017; 441414, 2455967; 441393, 2455942; 441365, 2455913; 441354, 2455880; 441351, 2455829; 441342, 2455800; 441333, 2455787; 441292, 2455760; 441264, 2455739; 441233, 2455700; 441199, 2455663; 441185, 2455633; 441176, 2455603; 441164, 2455584; 441148, 2455564; 441094, 2455523; 441060, 2455488; 441059, 2455449; 441071, 2455421; 441074, 2455406; 441073, 2455402; 440747, 2455513; 440294, 2454127; 440499, 2454060; 440485, 2453995; 440492, 2453950; 440484, 2453922; 440461, 2453865; 440450, 2453851; 440432, 2453815; 440421, 2453780; 440412, 2453745; 440410, 2453716; 440404, 2453694; 440384,
(B)
(A) Unit consists of the following 15 boundary points: Start at 448511, 2450831; 449003, 2450929; 449335, 2451756; 449751, 2451666; 449858, 2451521; 450073, 2451227; 449580, 2449817; 449301, 2449658; 449293, 2449649; 449066, 2449578; 448089, 2449815; 447754, 2449877; 447125, 2450677; 447365, 2451166; 448229, 2451166; return to starting point.
(B)
(A) Unit consists of the following 105 boundary points: Start at 439352, 2452796; 439259, 2452867; 439254, 2452860; 438991, 2453057; 438335, 2452205; 438433, 2452860; 438072, 2453090; 438138, 2453483; 437449, 2453877; 437449, 2454762; 437777, 2455286; 438302, 2454467; 438728, 2453516; 439122, 2453319; 438958, 2454237; 439352, 2454171; 439352, 2454892; 439253, 2455220; 439483, 2456007; 439516, 2456564; 439800, 2456784; 439811, 2456793; 440139, 2456498; 439844, 2455482; 440008, 2455417; 440468, 2455777; 440829, 2456531; 441205, 2456774; 441506, 2456588; 441691, 2456118; 441663, 2456114; 441635, 2456115; 441546, 2456104; 441531, 2456098; 441511, 2456077; 441498, 2456050; 441482, 2456033; 441462, 2456017; 441414, 2455967; 441393, 2455942; 441365, 2455913; 441354, 2455880; 441351, 2455829; 441342, 2455800; 441333, 2455787; 441292, 2455760; 441264, 2455739; 441233, 2455700; 441199, 2455663; 441185, 2455633; 441176, 2455603; 441164, 2455584; 441148, 2455564; 441094, 2455523; 441060, 2455488; 441059, 2455449; 441071, 2455421; 441074, 2455406; 441073, 2455402; 440747, 2455513; 440294, 2454127; 440499, 2454060; 440485, 2453995; 440492, 2453950; 440484, 2453922; 440461, 2453865; 440450, 2453851; 440432, 2453815; 440421, 2453780; 440412, 2453745; 440410, 2453716; 440404, 2453694; 440384, 2453655; 440378, 2453623; 440380, 2453590; 440370, 2453517; 440363, 2453496; 440355, 2453461; 440350, 2453451; 440333, 2453428; 440315, 2453408; 440288, 2453388; 440275, 2453381; 440244, 2453334; 440223, 2453322; 440199, 2453305; 440147, 2453289; 440119, 2453282; 440093, 2453280; 439987, 2453284; 439962, 2453283; 439924, 2453275; 439905, 2453264; 439787, 2453162; 439724, 2453135; 439639, 2453119; 439600, 2453107; 439553, 2453082; 439503, 2453046; 439481, 2453022; 439473, 2452985; 439464, 2452963; 439414, 2452909; 439390, 2452876; 439355, 2452801; return to starting point.
(B)
(A) Unit consists of the following 243 boundary points: coastline; 436143, 2454005; 435790, 2454155; 435524, 2454345; 435470, 2454260; 435347, 2454246; 435388, 2454013; 435219, 2454036; 435223, 2453904; 435026, 2453931; 435040, 2453758; 434757, 2453703; 434734, 2453379; 434601, 2453383; 434455, 2453232; 434121, 2453118; 433837, 2452844; 433499, 2452785; 433778, 2452049; 433636, 2451866; 433009, 2452049; 432973, 2452150; 432840, 2452050; 432813, 2452159; 432735, 2452082; 432689, 2452182; 432483, 2452063; 432424, 2451917; 432378, 2451881; 432273, 2451876; 432232, 2451707; 432173, 2451699; 432163, 2451570; 431916, 2451812; 431811, 2451702; 431683, 2451766; 431518, 2451629; 431445, 2451593; 431440, 2451515; 431326, 2451415; 431115, 2451323; 430997, 2451374; 431134, 2451200; 431102, 2451054; 431303, 2450848; 431051, 2450912; 430942, 2451017; 430859, 2450994; 430850, 2451168; 430745, 2451186; 430713, 2451255; 430544, 2451223; 430489, 2451269; 430475, 2451150; 430379, 2451209; 430352, 2451045; 430237, 2451109; 430201, 2451040; 430141, 2451068; 430068, 2451200; 429995, 2451049; 429908, 2451100; 429899, 2451013; 429862, 2450990; 429807, 2451031; 429798, 2450944; 429670, 2451086; 429647, 2450908; 429519, 2450985; 429524, 2450839; 429441, 2450876; 429428, 2450775; 429368, 2450839; 429295, 2450803; 429194, 2450889; 429176, 2450832; 429167, 2450752; 429341, 2450469; 429501, 2450314; 429277, 2450419; 429121, 2450684; 429066, 2450711; 429016, 2450803; 428947, 2450867; 428852, 2450725; 428718, 2450784; 428677, 2450629; 428494, 2450620; 428439, 2450574; 428467, 2450286; 428563, 2450254; 428577, 2450181; 428696, 2450131; 428718, 2450058; 429126, 2449985; 428627, 2449953; 428357, 2450071; 428348, 2450154; 428247, 2450209; 428256, 2450282; 428202, 2450373; 428234, 2450515; 428334, 2450643; 428229, 2450807; 428192, 2450711; 428032, 2450579; 427849, 2450474; 427735, 2450364; 427730, 2450273; 427767, 2450222; 427607, 2450314; 427424, 2450332; 427278, 2450382; 427232,
(B)
(A) Unit consists of the following 75 boundary points: Start at 449861, 2451529; 450084, 2451212; 449426, 2449387; 449074, 2448967; 449179, 2447924; 448876, 2447641; 448557, 2447345; 448557, 2447312; 448681, 2447286; 448798, 2447208; 448908, 2447104; 448960, 2446994; 448980, 2446982; 449012, 2446961; 449637, 2446073; 449643, 2446064; 449701, 2445980; 449643, 2445970; 449090, 2445877; 449051, 2445968; 449012, 2446098; 448993, 2446163; 448869, 2446202; 448902, 2446403; 448798, 2446409; 448720, 2446481; 448694, 2446585; 448629, 2446617; 448460, 2446578; 448603, 2446812; 448408, 2446975; 448219, 2446884; 448174, 2446975; 448076, 2446916; 448076, 2447072; 447927, 2447098; 447912, 2447199; 447715, 2447234; 447448, 2447822; 447569, 2447951; 447569, 2448073; 447563, 2448144; 447368, 2448248; 447394, 2448358; 447465, 2448443; 447459, 2448592; 447472, 2448677; 447491, 2448806; 447615, 2448891; 447680, 2449047; 447621, 2449157; 448135, 2449124; 448161, 2449040; 448102, 2449001; 448089, 2448962; 448044, 2448930; 448044, 2448891; 448037, 2448845; 448037, 2448793; 448011, 2448754; 447992, 2448715; 447946, 2448722; 447914, 2448618; 447901, 2448514; 447888, 2448371; 447903, 2448341; 448447, 2448963; 447139, 2450654; 447435, 2451197; 448110, 2451196; 448295, 2451280; 448295, 2451280; 448306, 2451285; 449344, 2451755; 449772, 2451656; return to starting point.
(B)
(A) Unit consists of the following 94 boundary points: Start at 449346, 2444938; 449459, 2444635; 449081, 2444273; 448798, 2444099; 448808, 2444095; 448479, 2443895; 448470, 2443888; 448470, 2443889; 448458, 2443882; 447645, 2443146; 447630, 2442948; 447577, 2442842; 447599, 2442773; 447508, 2442781; 447227, 2442660; 447295, 2442584; 447303, 2442515; 447197, 2442356; 447197, 2442303; 447151, 2442303; 447113, 2442348; 447128, 2442447; 447060, 2442386; 446885, 2442379; 446771, 2442439; 446645, 2442430; 446392, 2442475; 446233, 2442597; 445958, 2442590; 445854, 2442727; 445527, 2442820; 445264, 2443031; 445101, 2443109; 444763, 2443280; 444640, 2443388; 444336, 2443592; 444214, 2443918; 444073, 2444237; 443984, 2444419; 444071, 2444486; 444162, 2444498; 444398, 2444392; 446102, 2445409; 445791, 2445455; 445563, 2445432; 445555, 2445554; 445464, 2445569; 445495, 2445850; 445297, 2445979; 445160, 2446184; 445023, 2446199; 444955, 2446412; 444727, 2446435; 444727, 2446518; 444674, 2446572; 444636, 2446799; 444256, 2446777; 444203, 2447187; 444066, 2447118; 443960, 2447308; 443876, 2447248; 443595, 2447316; 443618, 2447460; 443610, 2447688; 443542, 2447696; 443580, 2447840; 443352, 2447817; 443420, 2448068; 444020, 2448144; 444089, 2448098; 444454, 2448029; 445092, 2446769; 445495, 2446450; 445821, 2445880; 446566, 2445401; 446809, 2445363; 446811, 2445362; 447161, 2445302; 447195, 2445249; 447262, 2445171; 447352, 2445171; 447396, 2444981; 447463, 2444948; 447564, 2444981; 447631, 2444981; 447665, 2444858; 447754, 2444858; 447676, 2444668; 447682, 2444602; 448036, 2444548; 448629, 2444567; 449056, 2444698; 449077, 2445069; 449193, 2445350; return to starting point.
(B)
(A) Unit consists of the following 33 boundary points: Start at 448313, 2451213; 448519, 2450440; 448878, 2450478; 449147, 2450506; 449269, 2451755; 449288, 2451766; 449751, 2451666; 449858, 2451521; 450073, 2451227; 449575, 2449805; 449289, 2449638; 449295, 2449676; 449206, 2449638; 449066, 2449578; 448845, 2449631; 448232, 2449780; 447892, 2449847; 447888, 2449814; 447596, 2449889; 447198, 2449897; 445666, 2451248; 445376, 2452300; 445547, 2452722; 446226, 2452194; 446834, 2452923; 446988, 2452850; 447991, 2452420; 448004, 2452370; 448015, 2452365; 448045, 2452217; 448294, 2451285; 448295, 2451280; 448295, 2451280; return to starting point.
(B)
(A) Unit consists of the following 132 boundary points: Start at 439377, 2452849; 439385, 2452892; 439375, 2452895; 439303, 2452917; 439254, 2452860; 439091, 2452982; 438975, 2453018; 438381, 2452259; 438382, 2452266; 438335, 2452205; 438433, 2452860; 438072, 2453090; 438113, 2453336; 438084, 2453513; 437456, 2453744; 437460, 2453870; 437449, 2453877; 437449, 2454762; 437600, 2455005; 437720, 2455261; 437744, 2455234; 437777, 2455286; 437998, 2454941; 438150, 2454766; 438447, 2454337; 438660, 2453669; 438688, 2453607; 439106, 2453412; 439045, 2453751; 438876, 2454238; 438959, 2454233; 438958, 2454237; 439001, 2454230; 439352, 2454206; 439352, 2454221; 439352, 2454326; 439206, 2455228; 439438, 2455920; 439489, 2456098; 439516, 2456564; 439685, 2456695; 439735, 2456777; 439762, 2456755; 439800, 2456784; 439811, 2456793; 440139, 2456498; 440126, 2456452; 440131, 2456448; 440083, 2456303; 439860, 2455537; 439966, 2455458; 440428, 2455755; 440674, 2456209; 440829, 2456531; 441205, 2456774; 441566, 2456551; 441751, 2456130; 441694, 2456118; 441663, 2456114; 441635, 2456115; 441546, 2456104; 441531, 2456098; 441511, 2456077; 441498, 2456050; 441482, 2456033; 441462, 2456017; 441414, 2455967; 441393, 2455942; 441365, 2455913; 441354, 2455880; 441351, 2455829; 441342, 2455800; 441333, 2455787; 441292, 2455760; 441264, 2455739; 441233, 2455700; 441199, 2455663; 441185, 2455633; 441176, 2455603; 441164, 2455584; 441148, 2455564; 441094, 2455523; 441060, 2455488; 441059, 2455449; 441071, 2455421; 441074, 2455406; 441073, 2455402; 440747, 2455513; 440294, 2454127; 440499, 2454060; 440485, 2453995; 440492, 2453950; 440484, 2453922; 440461, 2453865; 440450, 2453851; 440432, 2453815; 440421, 2453780; 440412, 2453745; 440410, 2453716; 440404, 2453694; 440384, 2453655; 440378, 2453623; 440380, 2453590; 440370, 2453517; 440363, 2453496; 440355, 2453461; 440350,
(B)
(A) Unit consists of the following 68 boundary points: Start at 427512, 2447661; 427401, 2447626; 427168, 2447697; 427158, 2447803; 427006, 2447889; 426818, 2448021; 426691, 2448046; 426610, 2448067; 426798, 2448132; 426899, 2448153; 426955, 2448021; 427229, 2448036; 427289, 2448036; 427386, 2448046; 427325, 2448122; 427325, 2448229; 427355, 2448249; 427355, 2448360; 427300, 2448487; 427259, 2448528; 427269, 2448599; 427446, 2448578; 427558, 2448644; 427624, 2448639; 427634, 2448766; 427502, 2448766; 427208, 2448806; 427418, 2448938; 427406, 2448942; 428005, 2449021; 428147, 2449092; 427847, 2449218; 427847, 2449312; 428375, 2449234; 428131, 2449675; 428399, 2449328; 428880, 2449265; 428888, 2449352; 429187, 2449281; 429353, 2449407; 429952, 2449596; 430487, 2449296; 429983, 2449391; 430109, 2449178; 429723, 2449281; 429636, 2449029; 429597, 2448816; 429534, 2448918; 429282, 2448824; 429179, 2448666; 428958, 2448753; 428730, 2448635; 428596, 2448556; 428509, 2448525; 428496, 2448530; 428491, 2448254; 428475, 2448168; 428338, 2448036; 428389, 2447899; 428298, 2447925; 428338, 2447788; 428237, 2447742; 428115, 2447757; 427948, 2447828; 428060,
(B)
(A) Unit consists of the following 39 boundary points: Start at 438364, 2454097; 438437, 2454207; 438755, 2454060; 439018, 2454506; 439006, 2454940; 438994, 2455239; 439012, 2455501; 439122, 2455605; 438829, 2455709; 438743, 2456014; 438786, 2456026; 439085, 2455849; 439128, 2455935; 439177, 2456124; 439244, 2456234; 439165, 2456393; 439165, 2456515; 439361, 2456606; 439367, 2456521; 439336, 2456441; 439489, 2456325; 439275, 2455605; 439238, 2455397; 439159, 2455226; 439208, 2455062; 439153, 2454964; 439336, 2454829; 439275, 2454329; 439092, 2454390; 439067, 2454286; 439073, 2454201; 439189, 2453737; 439104, 2453474; 438878, 2453590; 438676, 2453486; 438560, 2453682; 438596, 2453822; 438413, 2453981; 438468, 2454054; return to starting point.
(B)
(A) Unit consists of the following 31 boundary points: Start at 438480, 2450624; 438190, 2450564; 438025, 2450154; 437804, 2449609; 437124, 2449170; 436726, 2449208; 436361, 2450013; 436328, 2450087; 436322, 2450079; 436197, 2450481; 436114, 2451018; 436027, 2451473; 435769, 2451955; 435533, 2452339; 435549, 2452356; 435856, 2452536; 436367, 2452827; 436965, 2453265; 437639, 2453676; 437771, 2453681; 437810, 2453604; 437963, 2453122; 438210, 2452738; 438819, 2452300; 438913, 2452214; 438478, 2451772; 438422, 2451715; 438390, 2451682; 438377, 2451065; 438401, 2450962; 438479, 2450630; return to starting point.
(B)
(A) Unit consists of the following 35 boundary points: Start at 440245, 2453335; 439623, 2453274; 439296, 2453242; 439152, 2453286; 438673, 2453669; 438255, 2454243; 438351, 2454304; 438747, 2454599; 439309, 2454708; 439737, 2454756; 440202, 2454807; 440517, 2454810; 440294, 2454127; 440499, 2454060; 440485, 2453995; 440492, 2453950; 440484, 2453922; 440461, 2453865; 440450, 2453851; 440432, 2453815; 440421, 2453780; 440412, 2453745; 440410, 2453716; 440404, 2453694; 440384, 2453655; 440378, 2453623; 440380, 2453590; 440370, 2453517; 440363, 2453496; 440355, 2453461; 440350, 2453451; 440333, 2453428; 440315, 2453408; 440288, 2453388; 440275, 2453381; return to starting point.
(B)
(A) Unit consists of the following 90 boundary points: Start at 428237, 2446901; 428241, 2446462; 428116, 2446474; 428047, 2446484; 427205, 2447633; 427225, 2447691; 427222, 2447694; 427270, 2447855; 427313, 2448038; 427392, 2448290; 427457, 2448429; 427496, 2448503; 427596, 2448586; 427679, 2448656; 427688, 2448708; 427671, 2448747; 427596, 2448756; 427401, 2448799; 427039, 2448843; 426991, 2448882; 426969, 2448912; 426987, 2448952; 427057, 2449030; 427122, 2449004; 427666, 2448886; 427814, 2448886; 427954, 2448999; 428083, 2449050; 428079, 2449052; 428687, 2449290; 428949, 2449350; 429218, 2449266; 429218, 2449403; 429731, 2449517; 429987, 2449618; 430333, 2449379; 430316, 2449326; 430059, 2449379; 429970, 2449362; 430029, 2449298; 430122, 2449180; 429949, 2449083; 429883, 2449088; 429820, 2449047; 429848, 2448974; 429795, 2448931; 429797, 2448840; 429892, 2448775; 429896, 2448772; 430004, 2448754; 430046, 2448712; 430016, 2448610; 430076, 2448477; 430058, 2448363; 430137, 2448297; 430251, 2448279; 430299, 2448243; 430287, 2448141; 430377, 2448105; 430383, 2448063; 430347, 2448021; 430191, 2448063; 430076, 2448105; 429998, 2448093; 429974, 2448039; 430064, 2448003; 430076, 2447949; 430203, 2447726; 430179, 2447678; 429758, 2447786; 429662, 2447744; 429692, 2447648; 429818, 2447594; 429824, 2447540; 429740, 2447522; 429722, 2447504; 429770, 2447396; 429860, 2447366; 430010, 2447294; 429000, 2447414; 428586, 2447474; 428465, 2447432; 428291, 2447414; 428039, 2447510; 427984, 2447510; 427984, 2447511; 427980, 2447502; 427934, 2447525; 427983, 2447490; 428217, 2446900; return to starting point.
(B)
(A) Unit consists of the following 30 boundary points: Start at 437962, 2444106; 439160, 2443328; 439020, 2443250; 439191, 2443203; 439238, 2443125; 439168, 2443024; 439316, 2443017; 439440, 2442729; 439378, 2442635; 436857, 2442223; 436732, 2442270; 436483, 2442441; 436654, 2442636; 436102, 2442659; 436086, 2442721; 436188, 2442916; 436452, 2442939; 436553, 2443095; 436444, 2443235; 436522, 2443367; 436857, 2443468; 437067, 2443336; 437176, 2443359; 437160, 2443499; 437246, 2443585; 437246, 2443733; 437246, 2443888; 437479, 2443943; 437487, 2444013; 437760, 2443935; return to starting point.
(B)
(A) Unit consists of the following 181 boundary points: Start at 426612, 2448093; 426664, 2448093; 426740, 2448131; 426778, 2448146; 426847, 2448184; 426900, 2448169; 426968, 2448086; 427044, 2448078; 427082, 2448063; 427143, 2448040; 427196, 2448048; 427280, 2448010; 427341, 2448010; 427402, 2448025; 427402, 2448040; 427303, 2448093; 427219, 2448169; 427227, 2448222; 427196, 2448314; 427136, 2448314; 427037, 2448359; 426999, 2448420; 427067, 2448390; 427120, 2448390; 427219, 2448405; 427288, 2448352; 427348, 2448298; 427394, 2448291; 427463, 2448268; 427599, 2448238; 427615, 2448154; 427653, 2448101; 427698, 2448048; 427729, 2448040; 427744, 2448055; 427721, 2448108; 427713, 2448146; 427774, 2448222; 427827, 2448215; 427881, 2448200; 427919, 2448200; 427852, 2448318; 427706, 2448338; 427555, 2448483; 427878, 2448586; 427308, 2448763; 427308, 2448817; 427841, 2448838; 428023, 2449021; 427927, 2449075; 427846, 2449021; 427287, 2449220; 427243, 2449338; 427421, 2449381; 427604, 2449467; 427572, 2449510; 427905, 2449553; 428050, 2449424; 427970, 2449634; 427749, 2449709; 427706, 2449768; 427841, 2449784; 428077, 2449779; 428249, 2449634; 428352, 2449494; 428448, 2449360; 428868, 2449317; 428836, 2449381; 428932, 2449419; 429158, 2449338; 429196, 2449430; 429702, 2449537; 429922, 2449601; 429955, 2449612; 430471, 2449300; 430347, 2449252; 430067, 2449311; 430030, 2449397; 429955, 2449392; 430143, 2449177; 429739, 2449258; 429729, 2449301; 429508, 2449075; 429605, 2449037; 429675, 2448822; 429562, 2448817; 429465, 2448924; 429239, 2448849; 429508, 2448650; 429492, 2448446; 429406, 2448553; 429045, 2448542; 429126, 2448408; 429019, 2448317; 428868, 2448344; 428916, 2448236; 429013, 2448295; 429379, 2448214; 429675, 2448059; 429417, 2447935; 429411, 2447843; 429234, 2447908; 429226, 2447910; 429150, 2447895; 429112, 2447865; 429105, 2447827; 429014,
(B)
(A) Unit consists of the following 120 boundary points: Start at 437314, 2444224; 437517, 2444006; 437424, 2443802; 437257, 2443672; 437121, 2443437; 437053, 2443332; 436979, 2443480; 436849, 2443518; 436688, 2443443; 436465, 2443375; 436280, 2443264; 435945, 2443237; 435949, 2443246; 435958, 2443255; 435969, 2443263; 435979, 2443271; 435993,
(B)
(A) Unit consists of the following 48 boundary points: Start at 429805, 2448471; 429520, 2448889; 429479, 2449236; 429836, 2449450; 430021, 2449760; 430088, 2449848; 430172, 2449815; 430207, 2449804; 430261, 2449795; 430317, 2449781; 430340, 2449778; 430365, 2449787; 430392, 2449798; 430408, 2449802; 430410, 2449802; 430406, 2449796; 430471, 2449787; 430527, 2449754; 430583, 2449736; 430635, 2449693; 430696, 2449656; 430720, 2449646; 430819, 2449646; 430899, 2449674; 430918, 2449717; 430904, 2449834; 430927, 2449905; 430955, 2449985; 430993, 2450032; 431068, 2450041; 431153, 2450008; 431238, 2449970; 431285, 2449942; 431360, 2449956; 431449, 2449886; 431497, 2449867; 431605, 2449895; 431657, 2449890; 431699, 2449876; 431765, 2449810; 431864, 2449801; 431981, 2449792; 432047, 2449787; 432113, 2449740; 432456, 2448919; 432171, 2448512; 431732, 2448053; 430713, 2447962; return to starting point.
(B)
(A) Unit consists of the following 6 boundary points: Start at 432758, 2446605; 432729, 2446601; 431947, 2446508; 431624, 2446959; 431732, 2447115; 432759, 2446609; return to starting point.
(B)
(A) Unit consists of the following 95 boundary points: Start at 431300, 2446537; 431298, 2446522; 431294, 2446516; 430955, 2445963; 430827, 2445619; 430800, 2445534; 430575, 2445540; 430038, 2445808; 429654, 2446125; 429591, 2446167; 429485, 2446305; 429263, 2446389; 429094, 2446389; 428972, 2446421; 428904, 2446474; 428793, 2446542; 428740, 2446564; 428655, 2446474; 428602, 2446447; 428476, 2446463; 428438, 2446456; 428548, 2446851; 428540, 2447350; 428511, 2448118; 428533, 2448848; 429226, 2449093; 429778, 2449324; 430158, 2449533; 430352, 2449651; 430348, 2449666; 430376, 2449750; 430384, 2449766; 430406, 2449796; 430471, 2449787; 430527, 2449754; 430583, 2449736; 430635, 2449693; 430696, 2449656; 430720, 2449646; 430819, 2449646; 430899, 2449674; 430918, 2449717; 430904, 2449834; 430927, 2449905; 430955, 2449985; 430993, 2450032; 431068, 2450041; 431153, 2450008; 431238, 2449970; 431285, 2449942; 431360, 2449956; 431449, 2449886; 431497, 2449867; 431605, 2449895; 431657, 2449890; 431699, 2449876; 431765, 2449810; 431864, 2449801; 431981, 2449792; 432047, 2449787; 432113, 2449740; 432217, 2449712; 432259, 2449679; 432344, 2449744; 432716, 2449615; 432716, 2449616; 432975, 2449532; 433094, 2449480; 433347, 2449509; 433235, 2449316; 432751, 2448757; 432364, 2448281; 432337, 2448239; 433100, 2448204; 433370, 2448192; 434350, 2448157; 435242, 2448139; 435320, 2448130; 435360, 2447538; 435147, 2447216; 435091, 2447171; 434274, 2446962; 433872, 2446863; 433405, 2446700; 433330, 2446689; 433257, 2446958; 433706, 2447138; 433746, 2447766; 433527, 2447856; 432918, 2447407; 432609, 2447647; 432320, 2447497; 432136, 2447629; 432001, 2447726; 431369, 2447027; return to starting point.
(B) Excluding 1 area bounded by the following 4 points (3 ha, 8 ac): Start at 433109, 2447775; 432932, 2447668; 432827, 2447751; 433094, 2447922; return to starting point.
(C)
(A) Unit consists of the following 263 boundary points: Start at 436896, 2441784; 437321, 2443428; 437328, 2443431; 437033, 2443650; 436902, 2443906; 436911, 2443923; 436914, 2443936; 436914, 2443948; 436913, 2443962; 436910, 2443981; 436908, 2443995; 436908, 2444013; 436911, 2444027; 436918, 2444040; 436926, 2444047; 436933, 2444055; 436942, 2444065; 436951, 2444073; 436961, 2444084; 436969, 2444094; 436975, 2444098; 436983, 2444102; 436994, 2444107; 437009, 2444108; 437026, 2444105; 437049, 2444100; 437067, 2444092; 437076, 2444089; 437106, 2444090; 437119, 2444096; 437128, 2444104; 437133, 2444112; 437137, 2444122; 437144, 2444130; 437156, 2444135; 437169, 2444141; 437183, 2444150; 437191, 2444154; 437202, 2444165; 437212, 2444177; 437228, 2444198; 437239, 2444213; 437245, 2444227; 437254, 2444239; 437263, 2444246; 437278, 2444240; 437294, 2444234; 437310, 2444225; 437332, 2444217; 437351, 2444217; 437370, 2444223; 437391, 2444223; 437412, 2444226; 437428, 2444226; 437445, 2444223; 437462, 2444219; 437482, 2444211; 437497, 2444205; 437541, 2444190; 437563, 2444183; 437578, 2444179; 437593, 2444170; 437610, 2444160; 437624, 2444146; 437636, 2444132; 437651, 2444119; 437671, 2444112; 437691, 2444102; 437703, 2444093; 437722, 2444082; 437732, 2444069; 437749, 2444061; 437758, 2444058; 437768, 2444060; 437780, 2444066; 437810, 2444080; 437821, 2444088; 437831, 2444100; 437833, 2444111; 437835, 2444126; 437833, 2444139; 437827, 2444163; 437822, 2444185; 437820, 2444206; 437818, 2444236; 437824, 2444265; 437828, 2444292; 437836, 2444314; 437843,
(B)
(A) Unit consists of the following 23 boundary points: Start at 429092, 2448965; 429045, 2446580; 429011, 2446411; 428972, 2446421; 428904, 2446474; 428793, 2446542; 428740, 2446564; 428655, 2446474; 428602, 2446447; 428476, 2446463; 428396, 2446447; 428285, 2446458; 428116, 2446474; 428047, 2446484; 427870, 2446726; 428195, 2446854; 428654, 2447111; 428405, 2447158; 427917, 2447317; 427606, 2447620; 427403, 2448126; 427935, 2448397; 428502, 2448676; return to starting point.
(B)
(A) Unit consists of the following 35 boundary points: Start at 432645, 2450526; 432703, 2450873; 432886, 2451057; 433147, 2451134; 433370, 2451144; 433640, 2451018; 433737, 2450690; 434027, 2450400; 434288, 2450342; 434607, 2450400; 434801, 2450351; 434926, 2450235; 435062, 2450119; 435226, 2450119; 435458, 2450167; 435613, 2450187; 435777, 2449935; 435816, 2449848; 435748, 2449771; 435603, 2449733; 435468, 2449704; 435187, 2449569; 434888, 2449559; 434598, 2449646; 434395, 2449888; 434346, 2450061; 434279, 2450139; 434095, 2450177; 433911, 2450033; 433786, 2449917; 433505, 2449975; 433379, 2450081; 433234, 2450216; 433138, 2450294; 432770, 2450448; return to starting point.
(B)
(A) Unit consists of the following 270 boundary points: Start at 435336, 2442801; 435344, 2442802; 435367, 2442807; 435391, 2442814; 435415, 2442819; 435435, 2442826; 435454, 2442831; 435476, 2442838; 435496, 2442844; 435516, 2442850; 435530, 2442853; 435534, 2442855; 435543, 2442858; 435556, 2442862; 435571, 2442867; 435585, 2442876; 435598, 2442885; 435608, 2442891; 435619, 2442899; 435627, 2442904; 435642, 2442920; 435658, 2442932; 435668, 2442948; 435673, 2442959; 435681, 2442977; 435688, 2442995; 435693, 2443006; 435698, 2443024; 435704, 2443036; 435708, 2443047; 435715, 2443064; 435722, 2443078; 435725, 2443086; 435729, 2443093; 435735, 2443103; 435738, 2443112; 435743, 2443127; 435749, 2443138; 435753, 2443149; 435757, 2443155; 435766, 2443169; 435778, 2443179; 435790, 2443186; 435804, 2443188; 435821, 2443194; 435842, 2443199; 435861, 2443202; 435874, 2443204; 435889, 2443208; 435904, 2443211; 435933, 2443223; 435942, 2443232; 435949, 2443246; 435958, 2443255; 435969, 2443263; 435979, 2443271; 435993, 2443281; 436010, 2443297; 436032, 2443316; 436048, 2443332; 436064, 2443343; 436080, 2443358; 436089, 2443375; 436095, 2443390; 436100, 2443403; 436107, 2443421; 436113, 2443456; 436118, 2443477; 436123, 2443502; 436134, 2443520; 436146, 2443534; 436160, 2443543; 436175, 2443554; 436190, 2443560; 436213, 2443563; 436227, 2443563; 436240, 2443562; 436254, 2443557; 436265, 2443552; 436274, 2443547; 436287, 2443540; 436300, 2443537; 436315, 2443532; 436328, 2443529; 436337, 2443528; 436348, 2443531; 436357, 2443536; 436369, 2443546; 436380, 2443558; 436392, 2443572; 436403, 2443585; 436421, 2443611; 436438, 2443631; 436460, 2443655; 436478, 2443676; 436497, 2443688; 436518, 2443696; 436534, 2443700; 436558, 2443707; 436576, 2443711; 436597, 2443714; 436611, 2443716; 436630, 2443718; 436644, 2443720; 436655,
(B) Excluding 1 area bounded by the following 4 points (0 ha, 1 ac): Start at 435151, 2442425; 435215, 2442393; 435195, 2442353; 435128, 2442379; return to starting point.
(C)
(A) Unit consists of the following 284 boundary points: Start at 443067, 2445215; 443066, 2445209; 443066, 2445190; 443083, 2445171; 443103, 2445152; 443122, 2445132; 443135, 2445115; 443140, 2445105; 443144, 2445096; 443150, 2445078; 443152, 2445059; 443153, 2445040; 443153, 2445020; 443156, 2445003; 443158, 2444995; 443163, 2444984; 443175, 2444965; 443177, 2444962; 443193, 2444946; 443196, 2444944; 443215, 2444938; 443234, 2444932; 443240, 2444927; 443252, 2444914; 443260, 2444907; 443271, 2444898; 443281, 2444890; 443290, 2444876; 443294, 2444870; 443301, 2444851; 443307, 2444833; 443309, 2444829; 443313, 2444815; 443320, 2444796; 443327, 2444778; 443333, 2444758; 443341, 2444740; 443346, 2444728; 443352, 2444721; 443366, 2444706; 443373, 2444702; 443385, 2444699; 443403, 2444695; 443423, 2444686; 443435, 2444664; 443440, 2444655; 443443, 2444647; 443444, 2444627; 443447, 2444608; 443452, 2444591; 443459, 2444579; 443464, 2444570; 443478, 2444555; 443483, 2444551; 443497, 2444548; 443516, 2444546; 443534, 2444543; 443553, 2444537; 443557, 2444532; 443571, 2444521; 443579, 2444514; 443598, 2444493; 443610, 2444483; 443617, 2444477; 443628, 2444469; 443647, 2444460; 443666, 2444456; 443677, 2444459; 443685, 2444463; 443703, 2444469; 443722, 2444464; 443732, 2444458; 443740, 2444454; 443760, 2444446; 443769, 2444440; 443987, 2444415; 444047, 2444337; 444117, 2444107; 444210, 2443933; 444299, 2443729; 444347, 2443603; 444425, 2443555; 444600, 2443428; 444759, 2443295; 445253, 2443054; 445513, 2442838; 445854, 2442734; 445951, 2442593; 446214, 2442612; 446381, 2442489; 446652, 2442437; 446591, 2442195; 446694, 2442007; 446686, 2441764; 446640, 2441627; 446587, 2441543; 446587, 2441501; 446641, 2441436; 446651, 2441424; 446673, 2441408; 446400, 2441154; 446228, 2441279; 446214, 2441291; 446122, 2441415; 445886, 2441308; 445551, 2441162; 445510,
(B)
(A) Unit consists of the following 38 boundary points: Start at 435446, 2449836; 435434, 2449822; 435414, 2449822; 435150, 2449822; 435055, 2449650; 434888, 2449475; 434758, 2449469; 434652, 2449371; 434451, 2449532; 434408, 2449452; 434362, 2449581; 434342, 2449704; 434239, 2449705; 434124, 2449782; 434000, 2449989; 434081, 2450086; 434224, 2450046; 434405, 2450190; 434405, 2450226; 434486, 2450310; 434354, 2450310; 434265, 2450198; 434026, 2450187; 433839, 2450267; 433808, 2450497; 433845, 2450589; 434133, 2450756; 434359, 2450700; 434398, 2450813; 434864, 2450480; 435213, 2450674; 435667, 2450661; 436040, 2450572; 436040, 2450490; 435945, 2450427; 435907, 2450263; 435749, 2450093; 435554, 2449961; return to starting point.
(B)
(A) Unit consists of the following 185 boundary points: Start at 434845, 2446760; 434768, 2446801; 434674, 2446862; 434650, 2446703; 434674, 2446584; 434706, 2446552; 434700, 2446542; 434681, 2446520; 434675, 2446517; 434664, 2446523; 434636, 2446529; 434623, 2446526; 434620, 2446512; 434628, 2446479; 434625, 2446467; 434618, 2446459; 434582, 2446443; 434558, 2446439; 434533, 2446441; 434514, 2446449; 434500, 2446448; 434471, 2446422; 434457, 2446416; 434447, 2446420; 434434, 2446428; 434423, 2446441; 434416, 2446441; 434403, 2446435; 434400, 2446429; 434386, 2446417; 434371, 2446414; 434363, 2446417; 434355, 2446417; 434351, 2446414; 434333, 2446375; 434335, 2446361; 434340, 2446352; 434353, 2446346; 434368, 2446352; 434403, 2446359; 434411, 2446354; 434417, 2446344; 434421, 2446327; 434434, 2446306; 434469, 2446291; 434479, 2446288; 434499, 2446297; 434514, 2446317; 434528, 2446325; 434559, 2446322; 434568, 2446320; 434585, 2446324; 434595, 2446329; 434614, 2446349; 434620, 2446349; 434621, 2446342; 434611, 2446321; 434609, 2446262; 434614, 2446240; 434625, 2446221; 434647, 2446210; 434667, 2446205; 434694, 2446206; 434717, 2446208; 434723, 2446192; 434729, 2446169; 434717, 2446164; 434599, 2446152; 434582, 2446145; 434576, 2446128; 434582, 2446114; 434603, 2446087; 434642, 2446062; 434647, 2446055; 434645, 2446046; 434604, 2446029; 434573, 2446022; 434556, 2446012; 434542, 2445989; 434482, 2445992; 434482, 2445989; 434477, 2446004; 434469, 2446036; 434437, 2446093; 434413, 2446116; 434381, 2446163; 434367, 2446175; 434336, 2446186; 434315, 2446192; 434302, 2446189; 434283, 2446179; 434270, 2446164; 434263, 2446144; 434271, 2446125; 434305, 2446079; 434308, 2446060; 434307, 2446049; 434301, 2446035; 434289, 2446026; 434273, 2446018; 434244, 2446023; 434235, 2446033; 434230, 2446049; 434232, 2446066; 434225,
(B)
(A) Unit consists of the following 153 boundary points: Start at 431279, 2448913; 431273, 2448922; 431027, 2449068; 431020, 2449089; 431006, 2449097; 430984, 2449094; 430970, 2449080; 430815, 2449080; 430799, 2449081; 430797, 2449080; 430686, 2449080; 430677, 2449084; 430643, 2449106; 430629, 2449119; 430619, 2449138; 430616, 2449156; 430623, 2449173; 430623, 2449194; 430616, 2449214; 430604, 2449229; 430559, 2449254; 430545, 2449277; 430533, 2449310; 430527, 2449321; 430485, 2449333; 430474, 2449342; 430463, 2449355; 430451, 2449363; 430430, 2449364; 430437, 2449371; 430418, 2449395; 430369, 2449433; 430355, 2449451; 430349, 2449466; 430335, 2449474; 430318, 2449477; 430307, 2449482; 430312, 2449517; 430313, 2449532; 430320, 2449553; 430331, 2449565; 430346, 2449596; 430354, 2449622; 430355, 2449641; 430348, 2449666; 430376, 2449750; 430384, 2449766; 430406, 2449796; 430471, 2449787; 430527, 2449754; 430583, 2449736; 430635, 2449693; 430696, 2449656; 430720, 2449646; 430819, 2449646; 430899, 2449674; 430918, 2449717; 430904, 2449834; 430927, 2449905; 430955, 2449985; 430993, 2450032; 431068, 2450041; 431153, 2450008; 431238, 2449970; 431285, 2449942; 431360, 2449956; 431449, 2449886; 431497, 2449867; 431605, 2449895; 431657, 2449890; 431699, 2449876; 431765, 2449810; 431864, 2449801; 431981, 2449792; 432047, 2449787; 432113, 2449740; 432217, 2449712; 432259, 2449679; 432344, 2449744; 432419, 2449806; 432471, 2449904; 432504, 2449961; 432579, 2450036; 432551, 2450083; 432523, 2450130; 432523, 2450182; 432565, 2450262; 432523, 2450304; 432475, 2450313; 432452, 2450337; 432461, 2450375; 432480, 2450426; 432490, 2450478; 432501, 2450529; 432504, 2450523; 432515, 2450503; 432523, 2450483; 432671, 2450388; 432937, 2450257; 433110, 2450122; 433260, 2449930; 433339, 2449809; 433405, 2449720; 433407, 2449708; 433399, 2449709; 433419, 2449599; 433426, 2449556; 433437, 2449592; 433549, 2449510; 433671, 2449267; 433615, 2449141; 433358, 2449090; 433236, 2448950; 433199, 2448903; 433176, 2448898; 433386, 2448749; 433344, 2448697; 433119, 2448609; 432890, 2448469; 432746, 2448300; 432657, 2448221; 432521, 2448030; 432395, 2447960; 432395, 2447894; 432372, 2447829; 432381, 2447775; 432386, 2447745; 432456, 2447707; 432610, 2447684; 432685, 2447670; 432661, 2447623; 432720, 2447605; 432719, 2447599; 432672, 2447598; 432609, 2447647; 432507, 2447594; 432195, 2447587; 432136, 2447629; 432001, 2447726; 431937, 2447655; 431895, 2447735; 431816, 2447810; 431535, 2447815; 431395, 2447918; 431213, 2447932; 430998, 2448049; 430820, 2448072; 430610, 2448119; 430460, 2448306; 430741, 2448535; 430998, 2448759; 431263, 2448926; 431275, 2448914; return to starting point.
(B) Excluding 1 area bounded by the following 10 points (3 ha, 8 ac): Start at 433368, 2449292; 433367, 2449352; 433448, 2449426; 433546, 2449412; 433567, 2449398; 433589, 2449323; 433612, 2449262; 433588, 2449244; 433567, 2449260; 433369, 2449255; return to starting point.
(C)
(A) Unit consists of the following 12 boundary points: Start at 434000, 2450312; 433949, 2450368; 433864, 2450473; 433785, 2450832; 433850, 2451030; 433910, 2451245; 433941, 2451386; 433969, 2451525; 434153, 2451307; 434439, 2451106; 434442, 2450846; 434368, 2450518; return to starting point.
(B)
(A) Unit consists of the following 28 boundary points: Start at 435053, 2450333; 435166, 2450421; 435094, 2450487; 435075, 2450618; 435179, 2450654; 435308, 2450654; 435574, 2450555; 435574, 2450470; 435476, 2450413; 435470, 2450325; 435489, 2450207; 435514, 2450108; 435498, 2450032; 435434, 2449958; 435330, 2449897; 435215, 2449903; 435042, 2449944; 434910, 2449936; 434836, 2449952; 434773, 2450128; 434628, 2450122; 434573, 2450194; 434633, 2450366; 434705, 2450440; 434776, 2450462; 434839, 2450454; 434883, 2450386; 434935, 2450358; return to starting point.
(B)
(A) Unit consists of the following 8 boundary points: Start at 435236, 2442644; 435172, 2442772; 435184, 2442774; 435201, 2442777; 435219, 2442778; 435237, 2442782; 435251, 2442783; 435228, 2442762; return to starting point.
(B)
(A) Unit consists of the following 51 boundary points: Start at 435601, 2453022; 435552, 2452987; 435543, 2452967; 435543, 2452858; 435585, 2452742; 435585, 2452645; 435523, 2452533; 435465, 2452417; 435436, 2452291; 435369, 2452311; 435179, 2452369; 435037, 2452423; 434866, 2452465; 434660, 2452501; 434508, 2452517; 434392, 2452562; 434308, 2452585; 434282, 2452639; 434331, 2452707; 434382, 2452717; 434437, 2452733; 434476, 2452758; 434508, 2452794; 434534, 2452807; 434647, 2452852; 434698, 2452881; 434724, 2452926; 434798, 2452942; 434853, 2453003; 434901, 2453042; 434934, 2453038; 434966, 2453025; 434995, 2453025; 435062, 2453058; 435072, 2453103; 435066, 2453164; 435043, 2453238; 435069, 2453273; 435104, 2453293; 435143, 2453296; 435156, 2453306; 435169, 2453344; 435278, 2453315; 435401, 2453280; 435417, 2453296; 435459, 2453315; 435488, 2453286; 435511, 2453247; 435556, 2453251; 435610, 2453302; 435675, 2453302; return to starting point.
(B)
(A) Unit consists of the following 14 boundary points: Start at 432615, 2451107; 432699, 2451108; 433006, 2451176; 433021, 2451179; 433036, 2451174; 433144, 2451038; 433233, 2450957; 433419, 2450821; 433475, 2450808; 433290, 2450648; 433095, 2450524; 432852, 2450782; 432650, 2451016; 432594, 2451102; return to starting point.
(B)
(A) Unit consists of the following 27 boundary points: Start at 426767, 2448021; 426831, 2448310; 427314, 2448265; 427337, 2448374; 427206, 2448518; 427613, 2448631; 428020, 2449196; 427749, 2449350; 427898, 2449558; 427966, 2449562; 428160, 2449427; 428391, 2449359; 428802, 2449205; 429028, 2449155; 428345, 2447429; 428165, 2447501; 427884, 2447569; 427464, 2447641; 427418, 2447641; 427233, 2447691; 427161, 2447827; 427130, 2447833; 427124, 2447837; 427084, 2447847; 427065, 2447855; 426993, 2447931; 426885, 2447998; return to starting point.
(B)
(A) Unit consists of the following 61 boundary points: Start at 429367, 2447493; 428683, 2447645; 428241, 2447686; 427018, 2447921; 427281, 2448080; 427605, 2448322; 428213, 2448667; 428883, 2448977; 429740, 2449322; 430202, 2449633; 430314, 2449534; 430313, 2449532; 430312, 2449517; 430307, 2449482; 430318, 2449477; 430335, 2449474; 430349, 2449466; 430355, 2449451; 430369, 2449433; 430418, 2449395; 430437, 2449371; 430430, 2449364; 430451, 2449363; 430463, 2449355; 430474, 2449342; 430485, 2449333; 430527, 2449321; 430533, 2449310; 430545, 2449277; 430559, 2449254; 430604, 2449229; 430616, 2449214; 430623, 2449194; 430623, 2449173; 430616, 2449156; 430619, 2449138; 430629, 2449119; 430643, 2449106; 430677, 2449084; 430699, 2449074; 430717, 2449071; 430748, 2449070; 430773, 2449073; 430799, 2449081; 430825, 2449080; 430875, 2449032; 430881, 2449027; 430905, 2449022; 430921, 2449029; 430944, 2449045; 430955, 2449058; 431025, 2449016; 431024, 2449005; 431035, 2448975; 431050, 2448960; 431066, 2448956; 431086, 2448957; 431093, 2448962; 431099, 2448970; 431432, 2448770; 431052, 2448487; return to starting point.
(B)
(A) Unit consists of the following 20 boundary points: Start at 432908, 2451056; 433375, 2450880; 433953, 2450654; 434234, 2450563; 434395, 2450548; 434531, 2450292; 434832, 2450011; 435169, 2449930; 435405, 2450056; 435596, 2449830; 435124, 2449679; 434943, 2449669; 434611, 2449820; 434330, 2449971; 434234, 2450006; 433943, 2450071; 433807, 2450051; 433641, 2450127; 433053, 2450458; 432767, 2450674; return to starting point.
(B)
(A) Unit consists of the following 246 boundary points: Start at 435336, 2442801; 435344, 2442802; 435367, 2442807; 435391, 2442814; 435415, 2442819; 435435, 2442826; 435454, 2442831; 435476, 2442838; 435496, 2442844; 435516, 2442850; 435530, 2442853; 435534, 2442855; 435543, 2442858; 435556, 2442862; 435571, 2442867; 435585, 2442876; 435598, 2442885; 435608, 2442891; 435619, 2442899; 435627, 2442904; 435642, 2442920; 435658, 2442932; 435668, 2442948; 435673, 2442959; 435681, 2442977; 435688, 2442995; 435693, 2443006; 435698, 2443024; 435704, 2443036; 435708, 2443047; 435715, 2443064; 435722, 2443078; 435725, 2443086; 435729, 2443093; 435735, 2443103; 435738, 2443112; 435743, 2443127; 435749, 2443138; 435753, 2443149; 435757, 2443155; 435766, 2443169; 435778, 2443179; 435790, 2443186; 435804, 2443188; 435821, 2443194; 435842, 2443199; 435861, 2443202; 435874, 2443204; 435889, 2443208; 435904, 2443211; 435933, 2443223; 435942, 2443232; 435949, 2443246; 435958, 2443255; 435969, 2443263; 435979, 2443271; 435993, 2443281; 436010, 2443297; 436032, 2443316; 436048, 2443332; 436064, 2443343; 436080, 2443358; 436089, 2443375; 436095, 2443390; 436100, 2443403; 436107, 2443421; 436113, 2443456; 436118, 2443477; 436123, 2443502; 436134, 2443520; 436146, 2443534; 436160, 2443543; 436175, 2443554; 436190, 2443560; 436213, 2443563; 436227, 2443563; 436240, 2443562; 436254, 2443557; 436265, 2443552; 436274, 2443547; 436287, 2443540; 436300, 2443537; 436315, 2443532; 436328, 2443529; 436337, 2443528; 436348, 2443531; 436357, 2443536; 436369, 2443546; 436380, 2443558; 436392, 2443572; 436403, 2443585; 436421, 2443611; 436438, 2443631; 436460, 2443655; 436478, 2443676; 436497, 2443688; 436518, 2443696; 436534, 2443700; 436558, 2443707; 436576, 2443711; 436597, 2443714; 436611, 2443716; 436630, 2443718; 436644, 2443720; 436655,
(B)
(A) Unit consists of the following 197 boundary points: Start at 439564, 2456133; 439459, 2455948; 439445, 2455829; 439379, 2455816; 439379, 2455578; 439326, 2455446; 439326, 2455300; 439234, 2455208; 439247, 2455089; 439234, 2455036; 439459, 2454944; 439459, 2454838; 439393, 2454745; 439445, 2454666; 439379, 2454560; 439393, 2454455; 439419, 2454402; 439393, 2454296; 439287, 2454177; 439088, 2454296; 439075, 2454164; 439022, 2454138; 439154, 2454006; 439115, 2453913; 439221, 2453847; 439168, 2453741; 439181, 2453517; 439207, 2453332; 439181, 2453279; 439075, 2453345; 439022, 2453451; 438810, 2453530; 438652, 2453477; 438533, 2453649; 438519, 2453808; 438506, 2453860; 438400, 2453860; 438400, 2453913; 438347, 2453953; 438387, 2454045; 438281, 2454072; 438321, 2454204; 438228, 2454217; 438374, 2454323; 438427, 2454455; 438334, 2454468; 438281, 2454482; 438268, 2454574; 438109, 2454535; 438136, 2454653; 438109, 2454772; 438017, 2454746; 437964, 2454812; 437964, 2454931; 437884, 2454931; 437884, 2455090; 437937, 2455129; 438017, 2455142; 437924, 2455195; 437858, 2455208; 437818, 2455354; 437739, 2455354; 437765, 2455169; 437752, 2455010; 437739, 2454944; 437646, 2454931; 437607, 2454878; 437527, 2454839; 437593, 2454733; 437514, 2454707; 437421, 2454733; 437421, 2454680; 437342, 2454680; 437316, 2454601; 437236, 2454707; 437197, 2454693; 437144, 2454839; 437130, 2454799; 437117, 2454614; 437144, 2454561; 437197, 2454469; 437157, 2454416; 437223, 2454284; 437091, 2454218; 437091, 2453993; 437011, 2453980; 436853, 2454112; 436800, 2454046; 436747, 2454086; 436707, 2454297; 436707, 2454363; 436562, 2454429; 436376, 2454601; 436310, 2454548; 436495, 2454350; 436482, 2454244; 436535, 2454191; 436482, 2454099; 436562, 2453954; 436694, 2453663; 436694, 2453557; 436522, 2453584; 436165, 2453637; 436138, 2453518; 435979, 2453214; 435834, 2453267; 435834,
(B)
(A) Unit consists of the following 183 boundary points: coastline; 436761, 2455184; 436712, 2454892; 436479, 2454944; 436221, 2454738; 435934, 2454699; 435854, 2454648; 435988, 2454247; 435497, 2454557; 435394, 2454376; 435291, 2454325; 435239, 2454170; 435110, 2454222; 434981, 2454144; 434803, 2453887; 434586, 2453544; 434231, 2453319; 433798, 2452984; 433752, 2452923; 433308, 2452782; 433353, 2452312; 432747, 2452333; 432742, 2452243; 432641, 2452288; 432573, 2452247; 432525, 2452167; 432394, 2452127; 432333, 2452001; 432061, 2451822; 431939, 2451935; 431794, 2451884; 431798, 2451784; 431661, 2451854; 431544, 2451797; 431338, 2451616; 431318, 2451426; 431183, 2451358; 430888, 2451421; 430898, 2451203; 430666, 2451294; 430535, 2451320; 430469, 2451390; 430149, 2451281; 429503, 2451074; 429338, 2450901; 429167, 2450919; 429131, 2450729; 429064, 2450790; 428883, 2450945; 428817, 2450876; 428676, 2450881; 428314, 2450455; 428314, 2450842; 428181, 2450916; 428156, 2450755; 428141, 2450689; 427991, 2450578; 427711, 2450396; 427696, 2450306; 427356, 2450395; 427289, 2450413; 427226, 2450518; 427181, 2450422; 427120, 2450518; 427099, 2450470; 427120, 2450270; 426959, 2450063; 426506, 2449913; 426060, 2449619; 425852, 2449550; 425640, 2449518; 426014, 2449089; 425788, 2449164; 425489, 2449387; 425301, 2449004; 425272, 2449039; 425267, 2449033; 425258, 2449022; 425253, 2449013; 425252, 2449003; 425253, 2448996; 425251, 2448992; 425242, 2448981; 425239, 2448972; 425231, 2448956; 425224, 2448934; 425222, 2448911; 425223, 2448900; 425224, 2448891; 425223, 2448883; 425218, 2448877; 425212, 2448878; 425208, 2448876; 425201, 2448872; 425192, 2448867; 425181, 2448859; 425172, 2448853; 425162, 2448844; 425158, 2448833; 425157, 2448818; 425153, 2448809; 425148, 2448807; 425136, 2448801; 425124, 2448795; 425120, 2448790; 425112, 2448785; 425100, 2448774; 425094, 2448768; 425081, 2448757; 425070, 2448745; 425062, 2448734; 425053, 2448723; 425044, 2448711; 425043, 2448695; 425029, 2448684; 425024, 2448675; 425017, 2448667; 425011, 2448659; 424999, 2448650; 424991, 2448642; 424980, 2448628; 424973, 2448615; 424956, 2448592; 424936, 2448587; 424929, 2448581; 424924, 2448574; 424917, 2448569; 424910, 2448561; 424906, 2448551; 424898, 2448552; 424886, 2448554; 424877, 2448554; 424871, 2448552; 424863, 2448548; 424849, 2448543; 424840, 2448538; 424824, 2448534; 424811, 2448524; 424803, 2448521; 424795, 2448511; 424785, 2448498; 424778, 2448484; 424774, 2448461; 424778, 2448445; 424791, 2448421; 424819, 2448402; 424832, 2448389; 424848, 2448376; 424871, 2448368; 424900, 2448356; 424929, 2448346; 424953, 2448337; 424973, 2448335; 424990, 2448333; 424997, 2448333; 425003, 2448327; 425006, 2448318; 425009, 2448308; 425011, 2448298; 425013, 2448289; 425015, 2448280; 425010, 2448272; 424998, 2448277; 424991, 2448284; 424983, 2448288; 424971, 2448291; 424957, 2448291; 424948, 2448290; 424933, 2448287; 424927, 2448284; 424915, 2448289; 424892, 2448299; 424874, 2448301; 424841, 2448311; 424823, 2448330; 424803, 2448337; 424777, 2448336; 424735, 2448339; 424711, 2448334; 424677, 2448333; 424664, 2448328; 424648, 2448323; 424633, 2448323; 424603, 2448328; coastline.
(B)
(A) Unit consists of the following 40 boundary points: Start at 449025, 2444558; 449034, 2444577; 447785, 2444536; 447265, 2444785; 446918, 2445192; 446929, 2445275; 446911, 2445345; 447532, 2445239; 447640, 2445139; 448264, 2445076; 448784, 2445014; 448951, 2445367; 448722, 2446074; 448431, 2446449; 447619, 2447218; 447515, 2447780; 447265, 2448196; 447369, 2448840; 447577, 2449152; 447500, 2449383; 447568, 2449571; 447383, 2449734; 447307, 2449963; 447288, 2449973; 447777, 2450446; 448043, 2450744; 448734, 2451117; 449607, 2451049; 449711, 2450800; 449711, 2450644; 449545, 2449954; 449353, 2449767; 448773, 2449272; 448893, 2448312; 448803, 2448103; 448983, 2446963; 449643, 2446064; 449643, 2445644; 449433, 2445045; 449043, 2444565; return to starting point.
(B)
(A) Unit consists of the following 63 boundary points: Start at 439257, 2452630; 439170, 2452590; 439025, 2452523; 438546, 2452544; 438629, 2452877; 438900, 2453355; 439316, 2453230; 439378, 2454041; 439711, 2454768; 439733, 2454651; 439774, 2454435; 440003, 2454643; 440169, 2454310; 440536, 2454173; 440533, 2454158; 440523, 2454133; 440509, 2454110; 440485, 2453995; 440492, 2453950; 440484, 2453922; 440461, 2453865; 440450, 2453851; 440432, 2453815; 440421, 2453780; 440412, 2453745; 440410, 2453716; 440404, 2453694; 440384, 2453655; 440378, 2453623; 440380, 2453590; 440370, 2453517; 440363, 2453496; 440355, 2453461; 440350, 2453451; 440333, 2453428; 440315, 2453408; 440288, 2453388; 440275, 2453381; 440244, 2453334; 440223, 2453322; 440199, 2453305; 440147, 2453289; 440119, 2453282; 440093, 2453280; 439987, 2453284; 439962, 2453283; 439924, 2453275; 439905, 2453264; 439787, 2453162; 439724, 2453135; 439639, 2453119; 439600, 2453107; 439553, 2453082; 439503, 2453046; 439481, 2453022; 439473, 2452985; 439464, 2452963; 439414, 2452909; 439390, 2452876; 439355, 2452801; 439333, 2452769; 439311, 2452745; 439279, 2452669; return to starting point.
(B)
(A) Unit consists of the following 52 boundary points: Start at 437363, 2454888; 437482, 2454647; 437699, 2454229; 437302, 2453742; 437228, 2453583; 437134, 2453505; 437048, 2453382; 437011, 2453374; 436831, 2453251; 436638, 2453088; 436478, 2452949; 436290, 2452826; 435970, 2452683; 435913, 2452666; 435671, 2452621; 435413, 2452470; 435265, 2452364; 435195, 2452253; 435054, 2452153; 434912, 2452191; 434801, 2452221; 434628, 2452243; 434335, 2452343; 434224, 2452634; 434569, 2452839; 434769, 2453060; 434970, 2453248; 435142, 2453350; 435318, 2453395; 435486, 2453407; 435556, 2453530; 435568, 2453678; 435614, 2453870; 435741, 2453972; 435818, 2453862; 435872, 2453677; 435892, 2453485; 435900, 2453366; 435925, 2453325; 436187, 2453346; 436376, 2453473; 436503, 2453604; 436544, 2453710; 436552, 2453845; 436560, 2453947; 436650, 2453964; 436822, 2453996; 436995, 2454115; 437117, 2454254; 437167, 2454479; 437179, 2454676; 437232, 2454790; return to starting point.
(B)
(A) Unit consists of the following 43 boundary points: Start at 432520, 2450579; 432692, 2450669; 432843, 2450694; 432979, 2450628; 433167, 2450501; 433306, 2450399; 433446, 2450268; 433511, 2450202; 433704, 2450174; 433839, 2450268; 434081, 2450272; 434290, 2450198; 434437, 2450087; 434577, 2450030; 434737, 2449985; 434753, 2449956; 434716, 2449895; 434642, 2449793; 434536, 2449666; 434478, 2449604; 434388, 2449772; 434360, 2449817; 434245, 2449793; 434155, 2449817; 434097, 2449952; 434069, 2450079; 434007, 2450116; 433933, 2450104; 433876, 2450039; 433806, 2449940; 433753, 2449875; 433720, 2449817; 433667, 2449777; 433573, 2449772; 433495, 2449768; 433429, 2449830; 433376, 2449928; 433323, 2449994; 433233, 2450104; 433085, 2450194; 432839, 2450334; 432704, 2450432; 432589, 2450481; return to starting point.
(B)
(A) Unit consists of the following 180 boundary points: Start at 439800, 2453173; 439754, 2453167; 439692, 2453157; 439557, 2453163; 439532, 2453165; 439441, 2453172; 439409, 2453191; 439363, 2453165; 439230, 2453162; 439059, 2453162; 438983, 2453175; 438983, 2453064; 438942, 2452919; 438866, 2452802; 438796, 2452700; 438701, 2452574; 438505, 2452615; 438362, 2452644; 438261, 2452688; 438188, 2452770; 438014, 2453046; 437944, 2453242; 437874, 2453406; 437858, 2453641; 437801, 2453891; 437763, 2454052; 437719, 2454160; 437675, 2454356; 437584, 2454153; 437374, 2454005; 437347, 2453974; 437348, 2453973; 437291, 2453729; 437199, 2453502; 437184, 2453467; 437047, 2453328; 436790, 2453211; 436648, 2452900; 436559, 2453068; 436417, 2452923; 436281, 2452768; 436157, 2452689; 435967, 2452657; 435831, 2452635; 435770, 2452632; 435698, 2452682; 435644, 2452701; 435488, 2452477; 435444, 2452338; 435397, 2452296; 435352, 2452293; 435251, 2452328; 434963, 2452515; 434978, 2452588; 435029, 2452702; 435086, 2452679; 435131, 2452688; 435131, 2452688; 435131, 2452688; 435132, 2452688; 435132, 2452689; 435132, 2452689; 435133, 2452689; 435133, 2452689; 435134, 2452690; 435134, 2452690; 435135, 2452690; 435135, 2452690; 435135, 2452690; 435136, 2452690; 435136, 2452691; 435137, 2452691; 435137, 2452691; 435138, 2452691; 435138, 2452691; 435138, 2452691; 435139, 2452691; 435139, 2452692; 435140, 2452692; 435140, 2452692; 435141, 2452692; 435141, 2452692; 435142, 2452692; 435142, 2452692; 435143, 2452692; 435143, 2452692; 435191, 2452717; 435270, 2452863; 435321, 2452945; 435403, 2453072; 435454, 2453129; 435495, 2453141; 435542, 2453151; 435609, 2453249; 435774, 2453290; 436053, 2453389; 436152, 2453608; 436563, 2453790; 436329, 2454620; 436719, 2454372; 436832, 2454059; 436960, 2454143; 436959, 2454144; 437063, 2454388; 437095, 2454691; 437123, 2454847; 437299,
(B)
(A) Unit consists of the following 16 boundary points: coastline; 438535, 2456321; 438601, 2456128; 438762, 2455202; 438425, 2455523; 438279, 2455967; 437712, 2455654; 437482, 2455417; 437305, 2455401; 437190, 2455271; 437106, 2455279; 436707, 2455118; 436684, 2454957; 436524, 2454988; 436179, 2454736; 436046, 2454695; 436030, 2454762; coastline.
(B)
(A) Unit consists of the following 39 boundary points: Start at 428398, 2449289; 428405, 2449288; 428911, 2449402; 429148, 2449342; 429159, 2449457; 429516, 2449545; 429785, 2449616; 429961, 2449622; 430088, 2449567; 430093, 2449517; 429829, 2449413; 429500, 2449298; 429428, 2449040; 429329, 2448974; 429323, 2448976; 429220, 2448345; 429046, 2446402; 428972, 2446421; 428904, 2446474; 428793, 2446542; 428740, 2446564; 428655, 2446474; 428632, 2446462; 428222, 2446540; 428481, 2447196; 428330, 2447269; 427752, 2447450; 427517, 2447597; 427171, 2447746; 427175, 2447754; 427176, 2447775; 427171, 2447800; 427160, 2447815; 427131, 2447833; 427028, 2448086; 427253, 2448194; 427464, 2448370; 427811, 2448673; 428207, 2449040; return to starting point.
(B)
(A) Unit consists of the following 320 boundary points: Start at 439006, 2444193; 438997, 2444039; 438903, 2443983; 438775, 2443979; 438637, 2443979; 438509, 2444013; 438402, 2443987; 438346, 2443863; 438269, 2443722; 438175, 2443641; 438098, 2443628; 437961, 2443649; 437871, 2443726; 437815, 2443769; 437772, 2443769; 437614, 2443714; 437438, 2443645; 437421, 2443559; 437412, 2443448; 437391, 2443384; 437228, 2443294; 437009, 2443230; 436941, 2443114; 436949, 2443011; 436962, 2442891; 436988, 2442758; 437031, 2442613; 437146, 2442527; 437356, 2442407; 437494, 2442356; 437569, 2442295; 437605, 2442210; 437648, 2442107; 437613, 2441906; 437601, 2441867; 437566, 2441876; 437532, 2441880; 437522, 2441879; 437495, 2441869; 437460, 2441862; 437391, 2441858; 437366, 2441852; 437346, 2441845; 437332, 2441842; 437317, 2441835; 437287, 2441816; 437274, 2441809; 437240, 2441796; 437224, 2441791; 437181, 2441781; 437150, 2441777; 437111, 2441777; 437096, 2441779; 437062, 2441776; 437008, 2441775; 436960, 2441776; 436912, 2441780; 436895, 2441784; 436825, 2441795; 436799, 2441801; 436777, 2441809; 436730, 2441820; 436695, 2441811; 436666, 2441808; 436638, 2441803; 436618, 2441796; 436593, 2441792; 436583, 2441789; 436541, 2441785; 436492, 2441773; 436453, 2441759; 436419, 2441739; 436408, 2441737; 436374, 2441718; 436362, 2441711; 436277, 2441726; 435977, 2441829; 435771, 2441906; 435621, 2441970; 435488, 2442048; 435398, 2442150; 435364, 2442279; 435368, 2442352; 435394, 2442442; 435390, 2442519; 435390, 2442630; 435386, 2442776; 435382, 2442812; 435391, 2442814; 435415, 2442819; 435435, 2442826; 435454, 2442831; 435476, 2442838; 435496, 2442844; 435516, 2442850; 435530, 2442853; 435534, 2442855; 435543, 2442858; 435556, 2442862; 435571, 2442867; 435585, 2442876; 435598, 2442885; 435608, 2442891; 435619, 2442899; 435627, 2442904; 435642, 2442920; 435658,
(B)
(A) Unit consists of the following 12 boundary points: Start at 432793, 2450043; 432799, 2450073; 432822, 2450200; 432971, 2450144; 433043, 2450118; 433310, 2449821; 433426, 2449707; 433399, 2449709; 433414, 2449628; 432530, 2448758; 432335, 2448851; 432630, 2449144; return to starting point.
(B)
(A) Unit consists of the following 16 boundary points: Start at 449855, 2451511; 450071, 2451219; 449928, 2450811; 449449, 2449480; 449073, 2448969; 449073, 2448966; 448431, 2449017; 447240, 2450530; 447143, 2450657; 447406, 2451160; 447518, 2451166; 448229, 2451166; 448981, 2451592; 449257, 2451734; 449665, 2451685; 449738, 2451669; return to starting point.
(B)
(A) Unit consists of the following 68 boundary points: Start at 439819, 2453189; 439579, 2453181; 439568, 2453181; 438996, 2453168; 438990, 2453040; 438932, 2452880; 438715, 2452573; 438651, 2452573; 438247, 2452701; 438151, 2452817; 438029, 2453034; 437888, 2453367; 437856, 2453610; 437760, 2454032; 437658, 2454372; 437626, 2454410; 437568, 2454359; 437427, 2454103; 437389, 2454054; 437334, 2453949; 437268, 2454075; 437222, 2454245; 437297, 2454346; 437277, 2454462; 437175, 2454700; 437209, 2454781; 437465, 2454839; 437933, 2454775; 438708, 2454103; 438727, 2453962; 438766, 2453795; 438830, 2453706; 439003, 2453693; 439035, 2453846; 439035, 2454026; 439080, 2454269; 439150, 2454345; 439208, 2454256; 439355, 2454288; 439445, 2454461; 439464, 2454563; 439730, 2454563; 440002, 2454563; 440423, 2454521; 440294, 2454127; 440493, 2454062; 440438, 2453967; 440361, 2453776; 440361, 2453571; 440372, 2453534; 440370, 2453517; 440363, 2453496; 440355, 2453461; 440350, 2453451; 440333, 2453428; 440315, 2453408; 440288, 2453388; 440275, 2453381; 440244, 2453334; 440223, 2453322; 440199, 2453305; 440147, 2453289; 440119, 2453282; 440093, 2453280; 439987, 2453284; 439962, 2453283; 439924, 2453275; 439905, 2453264; return to starting point.
(B)
(A) Unit consists of the following 287 boundary points: Start at 435336, 2442801; 435344, 2442802; 435367, 2442807; 435391, 2442814; 435415, 2442819; 435435, 2442826; 435454, 2442831; 435476, 2442838; 435496, 2442844; 435516, 2442850; 435530, 2442853; 435534, 2442855; 435543, 2442858; 435556, 2442862; 435571, 2442867; 435585, 2442876; 435598, 2442885; 435608, 2442891; 435619, 2442899; 435627, 2442904; 435642, 2442920; 435658, 2442932; 435668, 2442948; 435673, 2442959; 435681, 2442977; 435688, 2442995; 435693, 2443006; 435698, 2443024; 435704, 2443036; 435708, 2443047; 435715, 2443064; 435722, 2443078; 435725, 2443086; 435729, 2443093; 435735, 2443103; 435738, 2443112; 435743, 2443127; 435749, 2443138; 435753, 2443149; 435757, 2443155; 435766, 2443169; 435778, 2443179; 435790, 2443186; 435804, 2443188; 435821, 2443194; 435842, 2443199; 435861, 2443202; 435874, 2443204; 435889, 2443208; 435904, 2443211; 435933, 2443223; 435942, 2443232; 435949, 2443246; 435958, 2443255; 435969, 2443263; 435979, 2443271; 435993, 2443281; 436010, 2443297; 436032, 2443316; 436048, 2443332; 436064, 2443343; 436080, 2443358; 436089, 2443375; 436095, 2443390; 436100, 2443403; 436107, 2443421; 436113, 2443456; 436118, 2443477; 436123, 2443502; 436134, 2443520; 436146, 2443534; 436160, 2443543; 436175, 2443554; 436190, 2443560; 436213, 2443563; 436227, 2443563; 436240, 2443562; 436254, 2443557; 436265, 2443552; 436274, 2443547; 436287, 2443540; 436300, 2443537; 436315, 2443532; 436328, 2443529; 436337, 2443528; 436348, 2443531; 436357, 2443536; 436369, 2443546; 436380, 2443558; 436392, 2443572; 436403, 2443585; 436421, 2443611; 436438, 2443631; 436460, 2443655; 436478, 2443676; 436497, 2443688; 436518, 2443696; 436534, 2443700; 436558, 2443707; 436576, 2443711; 436597, 2443714; 436611, 2443716; 436630, 2443718; 436644, 2443720; 436655, 2443724; 436666, 2443731; 436678,
(B)
(A) Unit consists of the following 54 boundary points: Start at 435047, 2453176; 435038, 2453207; 435043, 2453230; 435058, 2453257; 435101, 2453291; 435145, 2453300; 435165, 2453304; 435176, 2453317; 435166, 2453322; 435166, 2453344; 435180, 2453345; 435202, 2453340; 435247, 2453319; 435294, 2453296; 435330, 2453290; 435354, 2453284; 435385, 2453266; 435395, 2453260; 435412, 2453266; 435433, 2453285; 435451, 2453304; 435463, 2453300; 435533, 2453250; 435651, 2453203; 435601, 2453135; 435551, 2453094; 435476, 2453038; 435457, 2452994; 435458, 2452931; 435428, 2452886; 435384, 2452889; 435354, 2452910; 435334, 2452903; 435320, 2452860; 435308, 2452793; 435265, 2452778; 435249, 2452760; 435231, 2452714; 435212, 2452666; 435180, 2452651; 435149, 2452645; 435048, 2452639; 434944, 2452655; 434906, 2452674; 434899, 2452697; 434904, 2452924; 434927, 2453016; 434958, 2453016; 435012, 2453066; 435029, 2453085; 435052, 2453083; 435086, 2453084; 435092, 2453120; 435071, 2453148; return to starting point.
(B)
(A) Unit consists of the following 43 boundary points: Start at 426834, 2447995; 426824, 2448315; 427350, 2448274; 427355, 2448413; 427360, 2448542; 427618, 2448645; 427973, 2449036; 428190, 2449221; 428282, 2449268; 428566, 2449160; 428787, 2449046; 428885, 2449062; 428912, 2449075; 430225, 2448294; 430075, 2448099; 429914, 2447762; 430322, 2447000; 430283, 2446894; 429631, 2446128; 429468, 2446319; 429267, 2446382; 429075, 2446396; 428941, 2446434; 428749, 2446569; 428619, 2446458; 428049, 2446487; 427178, 2447664; 427161, 2447669; 427157, 2447676; 427157, 2447711; 427175, 2447754; 427176, 2447775; 427171, 2447800; 427160, 2447815; 427124, 2447837; 427084, 2447847; 427039, 2447867; 426997, 2447892; 426981, 2447902; 426958, 2447923; 426944, 2447941; 426907, 2447965; 426847, 2447992; return to starting point.
(B)
(A) Unit consists of the following 39 boundary points: Start at 433942, 2450326; 433919, 2450316; 433897, 2450291; 433798, 2450316; 433790, 2450354; 433815, 2450483; 433861, 2450632; 433808, 2450794; 433798, 2451025; 434439, 2451161; 434407, 2450754; 434451, 2450695; 434487, 2450604; 434546, 2450588; 434662, 2450569; 434676, 2450537; 434681, 2450418; 435237, 2450644; 435423, 2450648; 435669, 2450630; 435811, 2450601; 436011, 2450551; 436007, 2450518; 435652, 2449941; 435563, 2449909; 435229, 2449844; 434917, 2449931; 434795, 2450008; 434633, 2450148; 434626, 2450212; 434566, 2450245; 434481, 2450245; 434512, 2450334; 434526, 2450381; 434443, 2450405; 434392, 2450424; 434382, 2450448; 434359, 2450589; 434355, 2450584; return to starting point.
(B)
(A) Unit consists of the following 37 boundary points: Start at 447594, 2447520; 447758, 2447683; 447472, 2447746; 447323, 2447780; 447420, 2448093; 447153, 2448108; 447107, 2448255; 447371, 2448552; 447293, 2448807; 447329, 2448906; 447468, 2449010; 447589, 2449589; 447461, 2449701; 447554, 2449852; 447733, 2449589; 447709, 2448696; 447516, 2448238; 447673, 2448097; 447975, 2447828; 448168, 2447176; 448240, 2447107; 448748, 2446621; 449448, 2445704; 449279, 2445028; 448989, 2444738; 448289, 2444739; 447637, 2444763; 447202, 2444956; 446885, 2445349; 448070, 2445147; 448658, 2445334; 448629, 2445470; 448699, 2445511; 448577, 2445718; 448450, 2446319; 447413, 2447271; 447397, 2447323; return to starting point.
(B)
(A) Unit consists of the following 18 boundary points: Start at 447872, 2450364; 448482, 2450047; 449119, 2449962; 449207, 2449950; 449624, 2450214; 449665, 2450240; 449712, 2450194; 449432, 2449395; 449310, 2449234; 449214, 2449211; 449158, 2449396; 449395, 2449797; 449400, 2449806; 449060, 2449740; 448772, 2449685; 448385, 2449589; 447902, 2449855; 447675, 2450047; return to starting point.
(B)
(A) Unit consists of the following 54 boundary points: Start at 439373, 2452840; 439379, 2452900; 439425, 2453389; 439571, 2453718; 439601, 2453807; 439697, 2454089; 439714, 2454139; 439933, 2454779; 439960, 2454816; 440497, 2454749; 440294, 2454127; 440499, 2454060; 440485, 2453995; 440492, 2453950; 440484, 2453922; 440461, 2453865; 440450, 2453851; 440432, 2453815; 440421, 2453780; 440412, 2453745; 440410, 2453716; 440404, 2453694; 440384, 2453655; 440378, 2453623; 440380, 2453590; 440370, 2453517; 440363, 2453496; 440355, 2453461; 440350, 2453451; 440333, 2453428; 440315, 2453408; 440288, 2453388; 440275, 2453381; 440244, 2453334; 440223, 2453322; 440199, 2453305; 440147, 2453289; 440119, 2453282; 440093, 2453280; 439987, 2453284; 439962, 2453283; 439924, 2453275; 439905, 2453264; 439787, 2453162; 439724, 2453135; 439639, 2453119; 439600, 2453107; 439553, 2453082; 439503, 2453046; 439481, 2453022; 439473, 2452985; 439464, 2452963; 439414, 2452909; 439390, 2452876; return to starting point.
(B)
(A) Unit consists of the following 221 boundary points: Start at 438277, 2444393; 438400, 2444405; 438465, 2444470; 438698, 2444457; 438880, 2444314; 439087, 2444392; 438906, 2444224; 438607, 2444328; 438374, 2444120; 438296, 2444042; 438205, 2444094; 438153, 2444042; 438063, 2444107; 437959, 2444094; 437738, 2443939; 437492, 2444004; 437492, 2443874; 437271, 2443926; 437206, 2443731; 437245, 2443576; 437168, 2443472; 437129, 2443355; 436973, 2443368; 436869, 2443472; 436545, 2443368; 436428, 2443265; 436532, 2443070; 436454, 2442966; 436363, 2442940; 436221, 2442927; 436182, 2442914; 435948, 2442863; 435883, 2442979; 435812, 2443191; 435821, 2443194; 435842, 2443199; 435861, 2443202; 435874, 2443204; 435889, 2443208; 435904, 2443211; 435933, 2443223; 435942, 2443232; 435949, 2443246; 435958, 2443255; 435969, 2443263; 435979, 2443271; 435993, 2443281; 436010, 2443297; 436032, 2443316; 436048, 2443332; 436064, 2443343; 436080, 2443358; 436089, 2443375; 436095, 2443390; 436100, 2443403; 436107, 2443421; 436113, 2443456; 436118, 2443477; 436123, 2443502; 436134, 2443520; 436146, 2443534; 436160, 2443543; 436175, 2443554; 436190, 2443560; 436213, 2443563; 436227, 2443563; 436240, 2443562; 436254, 2443557; 436265, 2443552; 436274, 2443547; 436287, 2443540; 436300, 2443537; 436315, 2443532; 436328, 2443529; 436337, 2443528; 436348, 2443531; 436357, 2443536; 436369, 2443546; 436380, 2443558; 436392, 2443572; 436403, 2443585; 436421, 2443611; 436438, 2443631; 436460, 2443655; 436478, 2443676; 436497, 2443688; 436518, 2443696; 436534, 2443700; 436558, 2443707; 436576, 2443711; 436597, 2443714; 436611, 2443716; 436630, 2443718; 436644, 2443720; 436655, 2443724; 436666, 2443731; 436678, 2443742; 436697, 2443756; 436708, 2443763; 436726, 2443769; 436745, 2443772; 436758, 2443775; 436771, 2443776; 436788, 2443776; 436799, 2443778; 436808, 2443781; 436818,
(B)
(A) Unit consists of the following 125 boundary points: Start at 427560, 2448644; 427186, 2448690; 426974, 2448883; 427525, 2448944; 427595, 2449029; 427167, 2449118; 426897, 2449284; 426885, 2449330; 426974, 2449445; 427105, 2449399; 427240, 2449511; 427082, 2449526; 426943, 2449646; 427440, 2449757; 427583, 2449646; 427618, 2449680; 427398, 2449919; 427865, 2449846; 428011, 2449885; 428188, 2449777; 428304, 2449623; 428428, 2449542; 428420, 2449472; 428694, 2449411; 428790, 2449353; 428825, 2449426; 428917, 2449457; 429041, 2449399; 429145, 2449376; 429160, 2449464; 429287, 2449491; 429446, 2449526; 429623, 2449565; 429696, 2449549; 429769, 2449595; 429912, 2449630; 430487, 2449303; 430645, 2449087; 430564, 2449079; 430271, 2449172; 430271, 2449087; 430359, 2448921; 430174, 2448944; 430082, 2449056; 429816, 2449094; 429870, 2448987; 429781, 2448929; 429816, 2448813; 430016, 2448736; 429893, 2448636; 429939, 2448528; 429789, 2448524; 429634, 2448671; 429604, 2448543; 429650, 2448482; 429496, 2448297; 429634, 2448176; 429739, 2448229; 429966, 2448239; 430066, 2448292; 430130, 2448260; 430145, 2448155; 430019, 2448139; 429813, 2448076; 429761, 2447976; 430019, 2447912; 429913, 2447865; 429676, 2447849; 429565, 2447833; 429560, 2447786; 429555, 2447760; 429397, 2447754; 429323, 2447754; 429281, 2447807; 429223, 2447749; 429244, 2447681; 429307, 2447686; 429397, 2447639; 429418, 2447591; 429497, 2447581; 429544, 2447612; 429623, 2447549; 429555, 2447517; 429550, 2447459; 429550, 2447407; 429634, 2447375; 429587, 2447349; 429539, 2447328; 429486, 2447338; 429423, 2447380; 429386, 2447438; 429349, 2447422; 429355, 2447338; 429349, 2447307; 429381, 2447238; 429415, 2447204; 429378, 2447191; 427051, 2448261; 426945, 2448329; 426845, 2448398; 426782, 2448408; 426734, 2448482; 426608, 2448535; 426534, 2448566; 426465, 2448640; 426518, 2448645; 426603,
(B)
(A) Unit consists of the following 161 boundary points: Start at 437819, 2444222; 437929, 2444255; 437929, 2444124; 437901, 2444021; 437814, 2443944; 437514, 2443802; 437432, 2443802; 437241, 2443671; 437055, 2443306; 437028, 2441843; 436689, 2441952; 436285, 2441925; 436029, 2442618; 435914, 2442984; 435859, 2443120; 435831, 2443197; 435842, 2443199; 435861, 2443202; 435874, 2443204; 435889, 2443208; 435904, 2443211; 435933, 2443223; 435942, 2443232; 435949, 2443246; 435958, 2443255; 435969, 2443263; 435979, 2443271; 435993, 2443281; 436010, 2443297; 436032, 2443316; 436048, 2443332; 436064, 2443343; 436080, 2443358; 436089, 2443375; 436095, 2443390; 436100, 2443403; 436107, 2443421; 436113, 2443456; 436118, 2443477; 436123, 2443502; 436134, 2443520; 436146, 2443534; 436160, 2443543; 436175, 2443554; 436190, 2443560; 436213, 2443563; 436227, 2443563; 436240, 2443562; 436254, 2443557; 436265, 2443552; 436274, 2443547; 436287, 2443540; 436300, 2443537; 436315, 2443532; 436328, 2443529; 436337, 2443528; 436348, 2443531; 436357, 2443536; 436369, 2443546; 436380, 2443558; 436392, 2443572; 436403, 2443585; 436421, 2443611; 436438, 2443631; 436460, 2443655; 436478, 2443676; 436497, 2443688; 436518, 2443696; 436534, 2443700; 436558, 2443707; 436576,
(B)
(A) Unit consists of the following 143 boundary points: Start at 438259, 2444449; 438306, 2444552; 438419, 2444604; 438532, 2444542; 438686, 2444532; 438810, 2444470; 438933, 2444398; 439036, 2444449; 439108, 2444521; 439344, 2444614; 439611, 2444696; 439313, 2444501; 439149, 2444388; 439077, 2444223; 438974, 2444162; 438943, 2444018; 438769, 2444131; 438707, 2444254; 438584, 2444254; 438481, 2444152; 438460, 2444028; 438378, 2443977; 438255, 2443977; 438152, 2443864; 438059, 2443987; 437905, 2443957; 437782, 2443885; 437535, 2443874; 437361, 2443813; 437268, 2443741; 437299, 2443546; 437179, 2443460; 436834, 2443794; 436837, 2443797; 436841, 2443801; 436845, 2443807; 436852, 2443819; 436861, 2443831; 436870, 2443847; 436882, 2443863; 436890, 2443877; 436900, 2443900; 436911, 2443923; 436914, 2443936; 436914, 2443948; 436913, 2443962; 436910, 2443981; 436908, 2443995; 436908, 2444013; 436911, 2444027; 436918, 2444040; 436926, 2444047; 436933, 2444055; 436942, 2444065; 436951, 2444073; 436961, 2444084; 436969, 2444094; 436975, 2444098; 436983, 2444102; 436994, 2444107; 437009, 2444108; 437026, 2444105; 437049, 2444100; 437067, 2444092; 437076, 2444089; 437106, 2444090; 437119, 2444096; 437128, 2444104; 437133, 2444112; 437137, 2444122; 437144, 2444130; 437156, 2444135; 437169, 2444141; 437183, 2444150; 437191, 2444154; 437202, 2444165; 437212, 2444177; 437228, 2444198; 437239, 2444213; 437245, 2444227; 437254, 2444239; 437263, 2444246; 437278, 2444240; 437294, 2444234; 437310, 2444225; 437332, 2444217; 437351, 2444217; 437370, 2444223; 437391, 2444223; 437412, 2444226; 437428, 2444226; 437445, 2444223; 437462, 2444219; 437482, 2444211; 437497, 2444205; 437541, 2444190; 437563, 2444183; 437578, 2444179; 437593, 2444170; 437610, 2444160; 437624, 2444146; 437636, 2444132; 437651, 2444119; 437671, 2444112; 437691, 2444102; 437703, 2444093; 437722, 2444082; 437732, 2444069; 437749, 2444061; 437758, 2444058; 437768, 2444060; 437780, 2444066; 437810, 2444080; 437821, 2444088; 437831, 2444100; 437833, 2444111; 437835, 2444126; 437833, 2444139; 437827, 2444163; 437822, 2444185; 437820, 2444206; 437818, 2444236; 437824, 2444265; 437828, 2444292; 437836, 2444314; 437843, 2444322; 437854, 2444327; 437871, 2444328; 437887, 2444323; 437909, 2444314; 437933, 2444302; 437960, 2444289; 437984, 2444274; 438007, 2444260; 438028, 2444258; 438048, 2444258; 438072, 2444260; 438087, 2444266; 438109, 2444271; 438133, 2444273; 438164, 2444270; 438196, 2444263; 438335, 2444214; return to starting point.
(B)
(A) Unit consists of the following 117 boundary points: Start at 432783, 2450812; 432645, 2451038; 432384, 2452020; 432426, 2452045; 432733, 2452216; 433075, 2452284; 433587, 2452284; 433211, 2452557; 433337, 2452799; 433777, 2452923; 433907, 2453037; 433997, 2453103; 434388, 2453374; 434591, 2453578; 434851, 2454007; 434988, 2454058; 435043, 2454198; 435247, 2454164; 435227, 2454251; 435315, 2454323; 435507, 2454503; 435959, 2454232; 435835, 2454695; 436208, 2454763; 436490, 2454954; 436731, 2454808; 436705, 2455135; 437089, 2455293; 437180, 2455248; 437507, 2455462; 437653, 2455627; 438253, 2455970; 438308, 2455956; 438616, 2455368; 438704, 2455385; 438649, 2455642; 438547, 2456015; 438604, 2456274; 438785, 2456263; 438898, 2456511; 439191, 2456650; 439587, 2457085; 439610, 2457109; 439815, 2457168; 439822, 2457153; 439835, 2457174; 439931, 2457201; 439939, 2457196; 439951, 2457207; 440098, 2457249; 440099, 2457249; 440144, 2457261; 440144, 2457262; 440197, 2457277; 440250, 2457274; 440289, 2457294; 440298, 2457298; 440390, 2457272; 440371, 2457184; 440366, 2457125; 440313, 2456964; 440227, 2456872; 440225, 2456766; 440259, 2456708; 440304, 2456601; 440437, 2456434; 439892, 2453948; 439806, 2453749; 439595, 2453953; 439565, 2453982; 439486, 2453621; 439327, 2453203; 439067, 2453192; 438952, 2453169; 438672, 2452605; 438425, 2452972; 438107, 2453238; 438208, 2453351; 438166, 2453511; 438016, 2453768; 437892, 2453870; 437851, 2454115; 437722, 2454364; 437530, 2454243; 437406, 2454051; 437236, 2453746; 437038, 2453682; 436908, 2453374; 436671, 2453283; 436628, 2452965; 436479, 2453283; 436174, 2452934; 436013, 2452829; 435877, 2452897; 435808, 2452795; 435552, 2453013; 435360, 2452572; 435224, 2452516; 435055, 2452516; 434958, 2452552; 434761, 2452505; 435236, 2452144; 435569, 2451669; 435740, 2451054; 435774,
(B)
(A) Unit consists of the following 166 boundary points: Start at 427069, 2447857; 427386, 2447885; 427526, 2447931; 427834, 2447978; 427862, 2448071; 428021, 2448192; 427974, 2448332; 427853, 2448416; 427937, 2448603; 427862, 2448724; 428021, 2448910; 428207, 2449050; 427853, 2449237; 427778, 2449386; 428095, 2449358; 428179, 2449442; 428300, 2449311; 428534, 2449218; 428860, 2449237; 429131, 2449246; 429532, 2449432; 429765, 2449516; 429970, 2449563; 430036, 2449609; 429812, 2449908; 430269, 2449740; 430316, 2449740; 430365, 2449716; 430348, 2449666; 430355, 2449641; 430354, 2449622; 430346, 2449596; 430331, 2449565; 430320, 2449553; 430313, 2449532; 430312, 2449517; 430307, 2449482; 430318, 2449477; 430335, 2449474; 430349, 2449466; 430355, 2449451; 430369, 2449433; 430418, 2449395; 430437, 2449371; 430430, 2449364; 430451, 2449363; 430463, 2449355; 430474, 2449342; 430485, 2449333; 430527, 2449321; 430533, 2449310; 430545, 2449277; 430559, 2449254; 430604, 2449229; 430616, 2449214; 430623, 2449194; 430623, 2449173; 430616, 2449156; 430619, 2449138; 430629, 2449119; 430643, 2449106; 430677, 2449084; 430699, 2449074; 430717, 2449071; 430748, 2449070; 430773, 2449073; 430799, 2449081; 430825, 2449080; 430875, 2449032; 430881, 2449027; 430905, 2449022; 430921, 2449029; 430944, 2449045; 430958, 2449061; 430967, 2449077; 430984, 2449094; 431006,
(B)
(A) Unit consists of the following 198 boundary points: Start at 431912, 2448420; 431913, 2448409; 431890, 2448340; 431898, 2448263; 431898, 2448254; 431900, 2448247; 431922, 2448193; 431934, 2448181; 431929, 2448176; 431931, 2448173; 431918, 2448148; 431909, 2448152; 431904, 2448146; 431867, 2448164; 431806, 2448187; 431806, 2448233; 431806, 2448249; 431788, 2448341; 431653, 2448421; 431645, 2448424; 431625, 2448424; 431570, 2448341; 431570, 2448273; 431668, 2448210; 431668, 2448205; 431682, 2448198; 431669,
(B)
(A) Unit consists of the following 184 boundary points: Start at 438165, 2444743; 438359, 2444869; 438336, 2444973; 438382, 2445065; 438532, 2444973; 438590, 2444869; 438634, 2444680; 438740, 2444673; 438913, 2444615; 438993, 2444767; 439086, 2444765; 439144, 2444811; 439421, 2444984; 439559, 2444972; 439524, 2445099; 439594, 2445249; 439686, 2445238; 439755, 2445318; 439836, 2445261; 439940, 2445249; 440032, 2445238; 440067, 2445203; 440101, 2445203; 440136, 2445145; 440263, 2445099; 440286, 2445007; 440344, 2445030; 440424, 2445041; 440459, 2445111; 440540, 2445099; 440586, 2445099; 440586, 2445157; 440644, 2445203; 440713, 2445180; 440840, 2445191; 440886, 2445099; 440886, 2444984; 440828, 2444891; 440840, 2444765; 440932, 2444834; 441013, 2444903; 441117, 2444903; 441105, 2444799; 440955, 2444707; 440851, 2444638; 440713, 2444649; 440655, 2444857; 440551, 2444788; 440551, 2444718; 440378, 2444661; 440147, 2444661; 440044, 2444788; 440044, 2444730; 439997, 2444696; 440032, 2444615; 439997, 2444534; 439905, 2444511; 439790, 2444361; 439663, 2444430; 439559, 2444361; 439547, 2444292; 439467, 2444280; 439386, 2444131; 439294, 2444142; 439271, 2444038; 439086, 2443981; 439074, 2443935; 439109, 2443831; 439224, 2443831; 439109, 2443762; 439040, 2443762; 438924, 2443912; 438855, 2443877; 438659, 2443969; 438486, 2443808; 438255, 2443635; 438001, 2443600; 437978, 2443727; 437863, 2443727; 437678, 2443716; 437551, 2443670; 437632, 2443531; 437805, 2443543; 437817, 2443450; 437551, 2443358; 437759, 2443266; 437701, 2443150; 437332, 2443104; 436908, 2444000; 436908, 2444013; 436911, 2444027; 436918, 2444040; 436926, 2444047; 436933, 2444055; 436942, 2444065; 436951, 2444073; 436961, 2444084; 436969, 2444094; 436975, 2444098; 436983, 2444102; 436994, 2444107; 437009, 2444108; 437026, 2444105; 437049, 2444100; 437067,
(B)
(A) Unit consists of the following 146 boundary points: Start at 431708, 2448615; 431773, 2448514; 431767, 2448519; 431773, 2448510; 431773, 2448476; 431619, 2448589; 431507, 2448763; 431066, 2448773; 430954, 2448845; 430861, 2448773; 430913, 2448650; 431230, 2448425; 430810, 2448364; 430759, 2448149; 431199, 2448046; 431036, 2447923; 430687, 2447883; 430923, 2447483; 430339, 2447606; 430319, 2447401; 430605, 2447145; 430308, 2447176; 430237, 2447043; 430329, 2446859; 427820, 2446794; 427748, 2446893; 427778, 2446910; 427739, 2446905; 427185, 2447661; 427161, 2447669; 427157, 2447676; 427157, 2447711; 427175, 2447754; 427176, 2447775; 427171, 2447800; 427160, 2447815; 427124, 2447837; 427084, 2447847; 427039, 2447867; 426997, 2447892; 426981, 2447902; 426958, 2447923; 426944, 2447941; 426907, 2447965; 426847, 2447992; 426819, 2447998; 426798, 2448010; 426758, 2448005; 426737, 2448009; 426722, 2448015; 426635, 2448077; 426856, 2448180; 427000, 2448088; 427461, 2448016; 427235, 2448159; 427184, 2448333; 427000, 2448395; 427287, 2448415; 427389, 2448282; 427604, 2448221; 427686, 2448036; 427778, 2448067; 427737, 2448159; 427788, 2448241; 427963, 2448180; 427829, 2448333; 427707, 2448354; 427543, 2448487; 427881, 2448569; 427748, 2448661; 427512, 2448743; 427287, 2448774; 427287, 2448815; 427870, 2448845; 428045, 2449030; 427942, 2449081; 427809, 2449019; 427604, 2449193; 427502, 2449193; 427471, 2449152; 427276, 2449183; 427215, 2449347; 427635, 2449459; 427553, 2449521; 427932, 2449552; 428065, 2449429; 427993, 2449644; 427727, 2449726; 427635, 2449838; 427819, 2449787; 428014, 2449818; 428270, 2449644; 428424, 2449357; 428823, 2449316; 428833, 2449398; 428966, 2449439; 429038, 2449357; 429171, 2449326; 429182, 2449429; 429940, 2449613; 429735, 2449817; 429642, 2450043; 429648, 2450043; 429717, 2449996; 429751, 2449978; 429791, 2449963; 429830, 2449956; 429860, 2449947; 429944, 2449910; 429968, 2449904; 430016, 2449884; 430068, 2449856; 430172, 2449815; 430207, 2449804; 430261, 2449795; 430317, 2449781; 430340, 2449778; 430365, 2449787; 430392, 2449798; 430408, 2449802; 430410, 2449802; 430406, 2449796; 430471, 2449787; 430527, 2449754; 430583, 2449736; 430635, 2449693; 430696, 2449656; 430720, 2449646; 430819, 2449646; 430899, 2449674; 430918, 2449717; 430904, 2449834; 430913, 2449863; 431548, 2449428; 431415, 2449428; 431292, 2449490; 431138, 2449285; 431445, 2449275; 431384, 2449039; 431589, 2448957; 431763, 2449039; 431681, 2448855; 431681, 2448656; 431678, 2448658; 431680, 2448656; 431681, 2448656; return to starting point.
(B)
(A) Unit consists of the following 305 boundary points: Start at 435336, 2442801; 435344, 2442802; 435367, 2442807; 435391, 2442814; 435415, 2442819; 435435, 2442826; 435454, 2442831; 435476, 2442838; 435496, 2442844; 435516, 2442850; 435530, 2442853; 435534, 2442855; 435543, 2442858; 435556, 2442862; 435571, 2442867; 435585, 2442876; 435598, 2442885; 435608, 2442891; 435619, 2442899; 435627, 2442904; 435642, 2442920; 435658, 2442932; 435668, 2442948; 435673, 2442959; 435681, 2442977; 435688, 2442995; 435693, 2443006; 435698, 2443024; 435704, 2443036; 435708, 2443047; 435715, 2443064; 435722, 2443078; 435725, 2443086; 435729, 2443093; 435735, 2443103; 435738, 2443112; 435743, 2443127; 435749, 2443138; 435753, 2443149; 435757, 2443155; 435766, 2443169; 435778, 2443179; 435790, 2443186; 435804, 2443188; 435821, 2443194; 435842, 2443199; 435861, 2443202; 435874, 2443204; 435889, 2443208; 435904, 2443211; 435933, 2443223; 435942, 2443232; 435949, 2443246; 435958, 2443255; 435969, 2443263; 435979, 2443271; 435993, 2443281; 436010, 2443297; 436032, 2443316; 436048, 2443332; 436064, 2443343; 436080, 2443358; 436089, 2443375; 436095, 2443390; 436100, 2443403; 436107, 2443421; 436113, 2443456; 436118, 2443477; 436123, 2443502; 436134, 2443520; 436146, 2443534; 436160, 2443543; 436175, 2443554; 436190, 2443560; 436213, 2443563; 436227, 2443563; 436240, 2443562; 436254, 2443557; 436265, 2443552; 436274, 2443547; 436287, 2443540; 436300, 2443537; 436315, 2443532; 436328, 2443529; 436337, 2443528; 436348, 2443531; 436357, 2443536; 436369, 2443546; 436380, 2443558; 436392, 2443572; 436403, 2443585; 436421, 2443611; 436438, 2443631; 436460, 2443655; 436478, 2443676; 436497, 2443688; 436518, 2443696; 436534, 2443700; 436558, 2443707; 436576, 2443711; 436597,
(B) Excluding 2 areas:
(
(
(C)
(A) Unit consists of the following 124 boundary points: Start at 438204, 2444622; 438280, 2444652; 438296, 2444737; 438496, 2444768; 438565, 2444637; 438888, 2444575; 438934, 2444498; 438996, 2444683; 439180, 2444675; 439288, 2444760; 439465, 2444837; 439527, 2444829; 439673, 2444821; 439696, 2445067; 440050, 2445044; 440219, 2444944; 440280, 2444844; 440419, 2444844; 440265, 2444783; 440142, 2444906; 439957, 2444952; 439834, 2444913; 439896, 2444760; 439850, 2444644; 439780, 2444637; 439773, 2444483; 439665, 2444560; 439488, 2444521; 439504, 2444445; 439457, 2444368; 439319, 2444360; 439334, 2444283; 439319, 2444199; 439211, 2444214; 439150, 2444076; 439050, 2444122; 439011, 2443953; 438765, 2444014; 438696, 2444099; 438596, 2444129; 438496, 2443945; 438296, 2443883; 438296, 2443791; 438080, 2443699; 438011, 2443868; 437404, 2443753; 437365, 2443676; 437457, 2443530; 437342, 2443476; 437133, 2444113; 437137, 2444122; 437144, 2444130; 437156, 2444135; 437169, 2444141; 437183, 2444150; 437191, 2444154; 437202, 2444165; 437212, 2444177; 437228, 2444198; 437239, 2444213; 437245, 2444227; 437254, 2444239; 437263, 2444246; 437278, 2444240; 437294, 2444234; 437310, 2444225; 437332, 2444217; 437351, 2444217; 437370, 2444223; 437391, 2444223; 437412, 2444226; 437428, 2444226; 437445, 2444223; 437462, 2444219; 437482, 2444211; 437497, 2444205; 437541, 2444190; 437563, 2444183; 437578, 2444179; 437593, 2444170; 437610, 2444160; 437624, 2444146; 437636, 2444132; 437651, 2444119; 437671, 2444112; 437691, 2444102; 437703, 2444093; 437722, 2444082; 437732, 2444069; 437749, 2444061; 437758, 2444058; 437768, 2444060; 437780, 2444066; 437810, 2444080; 437821, 2444088; 437831, 2444100; 437833, 2444111; 437835, 2444126; 437833, 2444139; 437827, 2444163; 437822, 2444185; 437820, 2444206; 437818, 2444236; 437824, 2444265; 437828, 2444292; 437836, 2444314; 437843,
(B)
(A) Unit consists of the following 47 boundary points: Start at 433925, 2450539; 433966, 2450539; 434164, 2450698; 434310, 2450565; 434385, 2450461; 434654, 2450605; 434760, 2450393; 435051, 2450327; 435117, 2450433; 435011, 2450592; 435131, 2450697; 434998, 2450816; 435131, 2451147; 435011, 2451359; 435131, 2451610; 435063, 2451636; 434945, 2451623; 435064, 2451901; 434850, 2452083; 434786, 2452232; 434648, 2452469; 434310, 2452642; 434932, 2452999; 435038, 2452813; 435170, 2452999; 435117, 2453223; 435236, 2453223; 435183, 2453329; 435475, 2453355; 435607, 2452840; 435316, 2452470; 435104, 2452390; 435316, 2452086; 435541, 2451835; 435660, 2451544; 435806, 2451279; 435898, 2450975; 435912, 2450671; 435845, 2450287; 435740, 2449890; 435316, 2449626; 434786, 2449653; 434588, 2449785; 434217, 2450036; 434486, 2450322; 434391, 2450299; 434111, 2450143; return to starting point.
(B)
(A) Unit consists of the following 761 boundary points: Start at 439647, 2455689; 440015, 2454370; 439805, 2453982; 439692, 2454086; 439594, 2454176; 439465, 2453901; 439303, 2453287; 438947, 2453255; 438672, 2452689; 438477, 2452980; 438186, 2453562; 437975, 2454047; 437668, 2454436; 437376, 2453983; 437020, 2453611; 436583, 2453158; 436535, 2453369; 436065, 2452851; 435839, 2452981; 435822, 2452868; 435612, 2453110; 435207, 2452544; 434851, 2452609; 434738, 2452561; 435013, 2452253; 435466, 2451639; 435709, 2451072; 435677, 2450587; 435580, 2450086; 435337, 2449746; 434851, 2449811; 434462, 2450070; 434268, 2450442; 433702, 2450232; 433459, 2450006; 433167, 2450588; 432698, 2450653; 432811, 2450814; 432649, 2451267; 432536, 2450960; 432277, 2450831; 431872, 2451009; 431914, 2450942; 431912, 2450944; 431844, 2451002; 431798, 2451034; 431748, 2451072; 431700, 2451088; 431641, 2451117; 431591, 2451154; 431525, 2451187; 431489, 2451219; 431446, 2451247; 431433, 2451261; 431373, 2451329; 431370, 2451323; 431360, 2451314; 431351, 2451321; 431337, 2451323; 431318, 2451324; 431304, 2451317; 431293, 2451316; 431287, 2451322; 431281, 2451336; 431277, 2451355; 431264, 2451350; 431245, 2451336; 431233, 2451323; 431242, 2451310; 431267, 2451297; 431294, 2451278; 431312, 2451246; 431348, 2451203; 431384, 2451176; 431402, 2451170; 431407, 2451149; 431415, 2451137; 431428, 2451129; 431432, 2451109; 431442, 2451094; 431457, 2451086; 431456, 2451081; 431450, 2451067; 431455, 2451053; 431467, 2451047; 431486, 2451047; 431488, 2451038; 431482, 2451029; 431481, 2451010; 431487, 2450998; 431505, 2450987; 431504, 2450980; 431486, 2450974; 431476, 2450971; 431456, 2450971; 431449, 2450963; 431452, 2450955; 431457, 2450948; 431476, 2450934; 431497, 2450922; 431502,
(B)
(A) Unit consists of the following 285 boundary points: Start at 435336, 2442801; 435344, 2442802; 435367, 2442807; 435391, 2442814; 435415, 2442819; 435435, 2442826; 435454, 2442831; 435476, 2442838; 435496, 2442844; 435516, 2442850; 435530, 2442853; 435534, 2442855; 435543, 2442858; 435556, 2442862; 435571, 2442867; 435585, 2442876; 435598, 2442885; 435608, 2442891; 435619, 2442899; 435627, 2442904; 435642, 2442920; 435658, 2442932; 435668, 2442948; 435673, 2442959; 435681, 2442977; 435688, 2442995; 435693, 2443006; 435698, 2443024; 435704, 2443036; 435708, 2443047; 435715, 2443064; 435722, 2443078; 435725, 2443086; 435729, 2443093; 435735, 2443103; 435738, 2443112; 435743, 2443127; 435749, 2443138; 435753, 2443149; 435757, 2443155; 435766, 2443169; 435778, 2443179; 435790, 2443186; 435804, 2443188; 435821, 2443194; 435842, 2443199; 435861, 2443202; 435874, 2443204; 435889, 2443208; 435904, 2443211; 435933, 2443223; 435942, 2443232; 435949, 2443246; 435958, 2443255; 435969, 2443263; 435979, 2443271; 435993, 2443281; 436010, 2443297; 436032, 2443316; 436048, 2443332; 436064, 2443343; 436080, 2443358; 436089, 2443375; 436095, 2443390; 436100, 2443403; 436107, 2443421; 436113, 2443456; 436118, 2443477; 436123, 2443502; 436134, 2443520; 436146, 2443534; 436160, 2443543; 436175, 2443554; 436190, 2443560; 436213, 2443563; 436227, 2443563; 436240, 2443562; 436254, 2443557; 436265, 2443552; 436274, 2443547; 436287, 2443540; 436300, 2443537; 436315, 2443532; 436328, 2443529; 436337, 2443528; 436348, 2443531; 436357, 2443536; 436369, 2443546; 436380, 2443558; 436392, 2443572; 436403, 2443585; 436421, 2443611; 436438, 2443631; 436460, 2443655; 436478, 2443676; 436497, 2443688; 436518, 2443696; 436534, 2443700; 436558, 2443707; 436576, 2443711; 436597,
(B)
(A) Unit consists of the following 28 boundary points: Start at 442333, 2445731; 442333, 2444698; 440696, 2444413; 437673, 2443278; 437145, 2443341; 437172, 2443520; 437271, 2443636; 437235, 2443770; 437262, 2443895; 437467, 2443931; 437476, 2444011; 437718, 2443913; 437915, 2444047; 437977, 2444118; 438031, 2444065; 438076, 2444083; 438174, 2443957; 438237, 2444083; 438353, 2444038; 438362, 2444127; 438675, 2444351; 438907, 2444154; 438997, 2444297; 438675, 2444449; 438344, 2444431; 438272, 2444411; 437909, 2445539; 442203, 2445834; return to starting point.
(B)
(A) Unit consists of the following 63 boundary points: Start at 439347, 2452789; 439324, 2452794; 439098, 2452402; 438924, 2452225; 438478, 2451772; 438422, 2451715; 438396, 2451689; 438313, 2451903; 438586, 2452835; 438813, 2453426; 439200, 2453198; 439382, 2453721; 439337, 2454084; 439541, 2454152; 439654, 2455463; 439655, 2455470; 440286, 2455134; 440577, 2454992; 440294, 2454127; 440499, 2454060; 440485, 2453995; 440492, 2453950; 440484, 2453922; 440461, 2453865; 440450, 2453851; 440432, 2453815; 440421, 2453780; 440412, 2453745; 440410, 2453716; 440404, 2453694; 440384, 2453655; 440378, 2453623; 440380, 2453590; 440370, 2453517; 440363, 2453496; 440355, 2453461; 440350, 2453451; 440333, 2453428; 440315, 2453408; 440288, 2453388; 440275, 2453381; 440244, 2453334; 440223, 2453322; 440199, 2453305; 440147, 2453289; 440119, 2453282; 440093, 2453280; 439987, 2453284; 439962, 2453283; 439924, 2453275; 439905, 2453264; 439787, 2453162; 439724, 2453135; 439639, 2453119; 439600, 2453107; 439553, 2453082; 439503, 2453046; 439481, 2453022; 439473, 2452985; 439464, 2452963; 439414, 2452909; 439390, 2452876; 439355, 2452801; return to starting point.
(B)
(A) Unit consists of the following 37 boundary points: Start at 435236, 2449351; 435214, 2449343; 434747, 2449168; 434654, 2449245; 433915, 2449865; 433804, 2450325; 434145, 2450488; 434338, 2450503; 434390, 2450429; 434502, 2450436; 434502, 2450273; 434628, 2450169; 434865, 2450147; 435006, 2450006; 435214, 2450013; 435244, 2450221; 435251, 2450473; 435185, 2450740; 435133, 2450859; 435177, 2451044; 435274, 2451237; 435162, 2451259; 435162, 2451370; 435244, 2451497; 435296, 2451623; 435140, 2451756; 435140, 2451934; 435128, 2452353; 435588, 2452504; 435771, 2452090; 436320, 2450124; 435496, 2449449; 435298, 2449375; 435292, 2449379; 435269, 2449384; 435247, 2449385; 435234, 2449384; return to starting point.
(B) Excluding 1 area bounded by the following 11 points (<1 ha, 1 ac): Start at 434908, 2449290; 434890, 2449251; 434848, 2449239; 434839, 2449258; 434834, 2449277; 434833, 2449281; 434881, 2449297; 435011, 2449352; 435005, 2449310; 434948, 2449300; 434908, 2449290; return to starting point.
(C)
(A) Unit consists of the following 30 boundary points: Start at 448856, 2449342; 448879, 2449102; 448899, 2448999; 449002, 2448742; 448894, 2448428; 448894, 2448078; 448920, 2447996; 448961, 2447831; 448961, 2447718; 448964, 2447690; 448881, 2447609; 448665, 2447400; 448662, 2447404; 448498, 2447589; 448384, 2447738; 448322, 2447877; 448286, 2448006; 448147, 2448186; 447988, 2448356; 447981, 2448434; 448470, 2448968; 448049, 2449503; 448160, 2449510; 448320, 2449476; 448515, 2449449; 448732, 2449449; 448783, 2449616; 448980, 2449613; 449250, 2449685; 448853, 2449375; return to starting point.
(B)
(A) Unit consists of the following 418 boundary points: Start at 433577, 2447086; 433840, 2445888; 433837, 2445891; 433826, 2445896; 433791, 2445897; 433775, 2445901; 433758, 2445896; 433730, 2445871; 433708, 2445866; 433689, 2445873; 433675, 2445873; 433653, 2445857; 433650, 2445838; 433656, 2445820; 433690, 2445778; 433718, 2445762; 433735, 2445756; 433750, 2445748; 433756, 2445723; 433755, 2445706; 433759, 2445665; 433764, 2445656; 433781, 2445647; 433824, 2445642; 433851, 2445636; 433868, 2445628; 433879, 2445615; 433881, 2445595; 433867, 2445582; 433854, 2445582; 433827, 2445587; 433805, 2445594; 433787, 2445596; 433772, 2445590; 433763, 2445575; 433770, 2445538; 433773, 2445524; 433772, 2445519; 433762, 2445509; 433749, 2445500; 433732, 2445496; 433717, 2445497; 433708, 2445498; 433696, 2445499; 433686, 2445494; 433668, 2445480; 433655, 2445475; 433647, 2445474; 433635, 2445470; 433628, 2445467; 433621, 2445463; 433616, 2445456; 433609, 2445448; 433604, 2445445; 433598, 2445437; 433595, 2445433; 433595, 2445428; 433599, 2445420; 433611, 2445391; 433614, 2445376; 433620, 2445365; 433629, 2445356; 433637, 2445346; 433639, 2445336; 433641, 2445327; 433641, 2445319; 433637, 2445311; 433625, 2445307; 433619, 2445305; 433611, 2445307; 433604, 2445309; 433600, 2445313; 433591, 2445329; 433586, 2445341; 433582, 2445346; 433577, 2445353; 433573, 2445358; 433568, 2445366; 433567, 2445374; 433565, 2445381; 433564, 2445388; 433563, 2445395; 433562, 2445398; 433561, 2445399; 433556, 2445403; 433548, 2445403; 433527, 2445398; 433494, 2445388; 433477, 2445386; 433469, 2445388; 433463, 2445394; 433459, 2445402; 433456, 2445410; 433455, 2445416; 433452, 2445424; 433452, 2445436; 433451, 2445445; 433450, 2445450; 433449, 2445457; 433448, 2445461; 433446,
(B)
(A) Unit consists of the following 125 boundary points: Start at 433416, 2449553; 433413, 2449527; 433251, 2449306; 433081, 2449255; 432650, 2449255; 432630, 2449144; 432587, 2449098; 433711, 2448846; 432893, 2448778; 432382, 2448880; 432382, 2448693; 432638, 2448625; 432638, 2448387; 432433, 2448387; 432416, 2447995; 432432, 2447806; 432433, 2447791; 432672, 2447739; 432961, 2447978; 433336, 2448182; 433424, 2447780; 432918, 2447407; 432609, 2447647; 432320, 2447497; 432136, 2447629; 432001, 2447726; 431369, 2447027; 431298, 2446522; 430955, 2445963; 430827, 2445619; 430759, 2445406; 430405, 2445422; 429257, 2445126; 429144, 2445121; 429062, 2445354; 429654, 2446125; 429591, 2446167; 429485, 2446305; 429263, 2446389; 429094, 2446389; 428972, 2446421; 428912, 2446468; 428912, 2446468; 428911, 2446468; 428904, 2446474; 428793, 2446542; 428773, 2446550; 428747, 2446566; 427960, 2447503; 427660, 2447675; 427505, 2448103; 429733, 2449052; 429708, 2449170; 429968, 2449152; 430437, 2449352; 430418, 2449395; 430369, 2449433; 430355, 2449451; 430349, 2449466; 430335, 2449474; 430318, 2449477; 430307, 2449482; 430312, 2449517; 430313, 2449532; 430320, 2449553; 430331, 2449565; 430346, 2449596; 430354, 2449622; 430355, 2449641; 430348, 2449666; 430376, 2449750; 430384, 2449766; 430406, 2449796; 430471, 2449787; 430527, 2449754; 430583, 2449736; 430635, 2449693; 430696, 2449656; 430720, 2449646; 430819, 2449646; 430899, 2449674; 430918, 2449717; 430904, 2449834; 430927, 2449905; 430955, 2449985; 430993, 2450032; 431068, 2450041; 431153, 2450008; 431238, 2449970; 431285, 2449942; 431360, 2449956; 431449, 2449886; 431497, 2449867; 431605, 2449895; 431657, 2449890; 431699, 2449876; 431765, 2449810; 431864, 2449801; 431981, 2449792; 432047, 2449787; 432113,
(B) Excluding 1 area bounded by the following 4 points (3 ha, 8 ac): Start at 433109, 2447775; 432932, 2447668; 432827, 2447751; 433094, 2447922; return to starting point.
(C)
(A) Unit consists of the following 36 boundary points: Start at 433467, 2449537; 433459, 2449601; 433480, 2449629; 433550, 2449670; 433792, 2449721; 433887, 2449924; 434015, 2449995; 434094, 2449780; 434354, 2449721; 434409, 2449470; 434457, 2449541; 434688, 2449346; 434987, 2449346; 434991, 2449346; 434991, 2449344; 434988, 2449343; 434881, 2449297; 434833, 2449281; 434834, 2449277; 434839, 2449258; 434842, 2449253; 434844, 2449248; 434839, 2449242; 434833, 2449239; 434684, 2449151; 434469, 2449071; 434362, 2448856; 434336, 2448850; 434055, 2448781; 433923, 2449012; 433812, 2449135; 433688, 2449191; 433660, 2449263; 433664, 2449351; 433588, 2449442; 433509, 2449482; return to starting point.
(B)
(A) Unit consists of the following 91 boundary points: Start at 426832, 2447995; 426843, 2448011; 426810, 2448288; 427346, 2448293; 427357, 2448542; 427623, 2448630; 427799, 2448868; 428291, 2449244; 428313, 2449309; 428313, 2449411; 428205, 2449507; 428142, 2449672; 428131, 2449814; 428029, 2449922; 428017, 2449990; 428017, 2450120; 428017, 2450279; 428034, 2450399; 428142, 2450404; 428245, 2450302; 428302, 2450155; 428364, 2450024; 428409, 2449944; 428523, 2449882; 428637, 2449819; 428705, 2449689; 428847, 2449649; 429000, 2449604; 429194, 2449587; 429341, 2449592; 429501, 2449649; 429677, 2449672; 429876, 2449649; 430006, 2449598; 430009, 2449587; 430011, 2449592; 430066, 2449586; 430177, 2449564; 430182, 2449481; 430221, 2449420; 430359, 2449371; 430420, 2449392; 430437, 2449371; 430430, 2449364; 430451, 2449363; 430463, 2449355; 430474, 2449342; 430485, 2449333; 430527, 2449321; 430531, 2449315; 430531, 2449310; 430534, 2449307; 430545, 2449277; 430559, 2449254; 430604, 2449229; 430616, 2449214; 430623, 2449194; 430623, 2449173; 430616, 2449156; 430619, 2449138; 430629, 2449119; 430643, 2449106; 430666, 2449092; 430680, 2449072; 430824, 2449050; 430232, 2448299; 429895, 2447790; 429381, 2447752; 429032, 2447740; 428839, 2447641; 428767, 2447635; 428380, 2447414; 427650, 2447613; 427235, 2447592; 427185, 2447661; 427161, 2447669; 427157, 2447676; 427157, 2447711; 427175, 2447754; 427176, 2447775; 427171, 2447800; 427160, 2447815; 427124, 2447837; 427084, 2447847; 427039, 2447867; 426997, 2447892; 426981, 2447902; 426958, 2447923; 426944, 2447941; 426907, 2447965; 426847, 2447992; return to starting point.
(B)
(A) Unit consists of the following 48 boundary points: Start at 435634, 2452896; 435550, 2452817; 435535, 2452664; 435497, 2452553; 435413, 2452410; 435407, 2452304; 435487, 2452193; 435630, 2452061; 435773, 2451976; 435831, 2451875; 435969, 2451706; 436054, 2451547; 436080, 2451431; 436043, 2451304; 436064, 2451177; 435995, 2451108; 435757, 2451140; 435619, 2451272; 435503, 2451574; 435376, 2451759; 435270, 2451902; 435206, 2451981; 434989, 2451976; 434904, 2452029; 434851, 2452114; 434745, 2452198; 434544, 2452161; 434438, 2452167; 434295, 2452225; 434226, 2452320; 434258, 2452437; 434306, 2452516; 434216, 2452564; 434189, 2452680; 434269, 2452749; 434385, 2452775; 434512, 2452849; 434629, 2452913; 434714, 2452971; 434804, 2453108; 434909, 2453188; 434989, 2453272; 435010, 2453389; 435090, 2453452; 435301, 2453468; 435423, 2453341; 435552, 2453315; 435559, 2453209; return to starting point.
(B)
(A) Unit consists of the following 265 boundary points: Start at 438184, 2444684; 438270, 2444792; 438407, 2444861; 438555, 2444861; 438624, 2444693; 438899, 2444575; 438978, 2444733; 439185, 2444831; 439490, 2444929; 439598, 2444880; 439598, 2445136; 439795, 2445214; 440110, 2445136; 440316, 2444919; 440503, 2445047; 440661, 2445106; 440788, 2445096; 440759, 2444831; 440720, 2444949; 440474, 2444850; 440493, 2444762; 440188, 2444693; 440188, 2444791; 439933, 2444880; 439962, 2444723; 439933, 2444605; 439775, 2444418; 439490, 2444349; 439362, 2444202; 439195, 2444064; 439037, 2444054; 439027, 2443818; 438949, 2443946; 438634, 2444025; 438516, 2443897; 438358, 2443858; 438348, 2443749; 438034, 2443681; 437984, 2443808; 437384, 2443720; 437571, 2443494; 437473, 2443268; 437227, 2443140; 437069, 2443228; 436774, 2443228; 435545, 2442770; 435532, 2442855; 435534, 2442855; 435543, 2442858; 435556, 2442862; 435571, 2442867; 435585, 2442876; 435598, 2442885; 435608, 2442891; 435619, 2442899; 435627, 2442904; 435642, 2442920; 435658, 2442932; 435668, 2442948; 435673, 2442959; 435681, 2442977; 435688, 2442995; 435693, 2443006; 435698, 2443024; 435704, 2443036; 435708, 2443047; 435715, 2443064; 435722, 2443078; 435725, 2443086; 435729, 2443093; 435735, 2443103; 435738, 2443112; 435743, 2443127; 435749, 2443138; 435753, 2443149; 435757, 2443155; 435766, 2443169; 435778, 2443179; 435790, 2443186; 435804, 2443188; 435821, 2443194; 435842, 2443199; 435861, 2443202; 435874, 2443204; 435889, 2443208; 435904, 2443211; 435933, 2443223; 435942, 2443232; 435949, 2443246; 435958, 2443255; 435969, 2443263; 435979, 2443271; 435993, 2443281; 436010, 2443297; 436032, 2443316; 436048, 2443332; 436064, 2443343; 436080, 2443358; 436089, 2443375; 436095, 2443390; 436100, 2443403; 436107, 2443421; 436113, 2443456; 436118, 2443477; 436123, 2443502; 436134, 2443520; 436146,
(B)
(A) Unit consists of the following 30 boundary points: Start at 437962, 2444106; 439160, 2443328; 439020, 2443250; 439191, 2443203; 439238, 2443125; 439168, 2443024; 439316, 2443017; 439440, 2442729; 439378, 2442635; 436857, 2442223; 436732, 2442270; 436483, 2442441; 436654, 2442636; 436102, 2442659; 436086, 2442721; 436188, 2442916; 436452, 2442939; 436553, 2443095; 436444, 2443235; 436522, 2443367; 436857, 2443468; 437067, 2443336; 437176, 2443359; 437160, 2443499; 437246, 2443585; 437246, 2443733; 437246, 2443888; 437479, 2443943; 437487, 2444013; 437760, 2443935; return to starting point.
(B)
(A) Unit consists of the following 94 boundary points: Start at 439347, 2452789; 439324, 2452794; 439098, 2452402; 438924, 2452225; 438478, 2451772; 438422, 2451715; 438390, 2451682; 438377, 2451065; 438401, 2450962; 438479, 2450630; 438493, 2450567; 438089, 2450541; 438089, 2450541; 435680, 2450387; 435730, 2450798; 435638, 2451327; 435579, 2451630; 435259, 2452025; 435007, 2452319; 434729, 2452520; 434889, 2452579; 435015, 2452520; 435301, 2452562; 435394, 2452747; 435579, 2453033; 435772, 2452831; 435822, 2452915; 436041, 2452881; 436234, 2453024; 436487, 2453309; 436579, 2453217; 436697, 2453301; 436915, 2453528; 437235, 2453788; 437412, 2454065; 437681, 2454384; 437891, 2454115; 438067, 2453662; 438261, 2453250; 438446, 2452906; 438681, 2452687; 438942, 2453241; 439186, 2453157; 439387, 2453291; 439530, 2453988; 439594, 2453984; 439867, 2453963; 440228, 2453946; 440337, 2454039; 440401, 2454092; 440499, 2454060; 440485, 2453995; 440492, 2453950; 440484, 2453922; 440461, 2453865; 440450, 2453851; 440432, 2453815; 440421, 2453780; 440412, 2453745; 440410, 2453716; 440404, 2453694; 440384, 2453655; 440378, 2453623; 440380, 2453590; 440370, 2453517; 440363, 2453496; 440355, 2453461; 440350, 2453451; 440333, 2453428; 440315, 2453408; 440288, 2453388; 440275, 2453381; 440244, 2453334; 440223, 2453322; 440199, 2453305; 440147, 2453289; 440119, 2453282; 440093, 2453280; 439987, 2453284; 439962, 2453283; 439924, 2453275; 439905, 2453264; 439787, 2453162; 439724, 2453135; 439639, 2453119; 439600, 2453107; 439553, 2453082; 439503, 2453046; 439481, 2453022; 439473, 2452985; 439464, 2452963; 439414, 2452909; 439390, 2452876; 439355, 2452801; return to starting point.
(B)
(A) Unit consists of the following 254 boundary points: Start at 436283, 2443540; 436283, 2443542; 436287, 2443540; 436300, 2443537; 436315, 2443532; 436328, 2443529; 436337, 2443528; 436348, 2443531; 436357, 2443536; 436369, 2443546; 436380, 2443558; 436392, 2443572; 436403, 2443585; 436421, 2443611; 436438, 2443631; 436460, 2443655; 436478, 2443676; 436497, 2443688; 436518, 2443696; 436534, 2443700; 436558, 2443707; 436576, 2443711; 436597, 2443714; 436611, 2443716; 436630, 2443718; 436644, 2443720; 436655, 2443724; 436666, 2443731; 436678, 2443742; 436697, 2443756; 436708, 2443763; 436726, 2443769; 436745, 2443772; 436758, 2443775; 436771, 2443776; 436788, 2443776; 436799, 2443778; 436808, 2443781; 436818, 2443785; 436823, 2443786; 436829, 2443790; 436837, 2443797; 436841, 2443801; 436845, 2443807; 436852, 2443819; 436861, 2443831; 436870, 2443847; 436882, 2443863; 436890, 2443877; 436900, 2443900; 436911, 2443923; 436914, 2443936; 436914, 2443948; 436913, 2443962; 436910, 2443981; 436908, 2443995; 436908, 2444013; 436911, 2444027; 436918, 2444040; 436926, 2444047; 436933, 2444055; 436942, 2444065; 436951, 2444073; 436961, 2444084; 436969, 2444094; 436975, 2444098; 436983, 2444102; 436994, 2444107; 437009, 2444108; 437026, 2444105; 437049, 2444100; 437067, 2444092; 437076, 2444089; 437106, 2444090; 437119, 2444096; 437128, 2444104; 437133, 2444112; 437137, 2444122; 437144, 2444130; 437156, 2444135; 437169, 2444141; 437183, 2444150; 437191, 2444154; 437202, 2444165; 437212, 2444177; 437228, 2444198; 437239, 2444213; 437245, 2444227; 437254, 2444239; 437263, 2444246; 437278, 2444240; 437294, 2444234; 437310, 2444225; 437332, 2444217; 437351, 2444217; 437370, 2444223; 437391, 2444223; 437412, 2444226; 437428, 2444226; 437445, 2444223; 437462, 2444219; 437482, 2444211; 437497, 2444205; 437541, 2444190; 437563, 2444183; 437578, 2444179; 437593,
(B)
(A) Unit consists of the following 46 boundary points: Start at 433484, 2449698; 433602, 2449656; 433646, 2449236; 433339, 2448655; 432657, 2448174; 432163, 2448681; 432122, 2448722; 431444, 2449890; 431449, 2449886; 431497, 2449867; 431510, 2449870; 431519, 2449867; 431617, 2449892; 431723, 2449853; 431765, 2449810; 431860, 2449801; 432043, 2449733; 432311, 2449650; 432411, 2449775; 432545, 2449959; 432548, 2450005; 432579, 2450036; 432552, 2450080; 432553, 2450092; 432527, 2450190; 432565, 2450262; 432523, 2450304; 432495, 2450310; 432495, 2450310; 432489, 2450474; 432490, 2450478; 432500, 2450525; 432509, 2450514; 432509, 2450514; 432595, 2450402; 432946, 2450251; 433218, 2450018; 433402, 2449727; 433458, 2449707; 433436, 2449707; 433399, 2449709; 433419, 2449599; 433426, 2449556; 433440, 2449604; 433457, 2449622; 433480, 2449629; return to starting point.
(B) Excluding 1 area bounded by the following 10 points (3 ha, 8 ac): Start at 433368, 2449292; 433367, 2449352; 433448, 2449426; 433546, 2449412; 433567, 2449398; 433589, 2449323; 433612, 2449262; 433588, 2449244; 433567, 2449260; 433369, 2449255; return to starting point.
(C)
(A) Unit consists of the following 29 boundary points: Start at 433417, 2449712; 433064, 2450297; 432997, 2450736; 433229, 2450755; 433295, 2450698; 433400, 2450797; 433470, 2450783; 433314, 2450641; 433343, 2450467; 433433, 2450528; 433461, 2450230; 433598, 2450268; 433631, 2450528; 433787, 2450301; 434024, 2450348; 434104, 2450433; 434336, 2450509; 434374, 2450391; 434454, 2450424; 434502, 2450339; 434426, 2450225; 434563, 2450244; 434648, 2450102; 434847, 2450097; 434833, 2449960; 434956, 2449946; 434719, 2449299; 433953, 2449833; 433457, 2449709; return to starting point.
(B)
(A) Unit consists of the following 17 boundary points: Start at 448456, 2448986; 447125, 2450677; 447365, 2451166; 447582, 2451166; 447538, 2450979; 447777, 2450536; 448254, 2450127; 448731, 2449889; 449310, 2449923; 449617, 2451148; 449833, 2451517; 450063, 2451208; 449872, 2450704; 449708, 2450232; 449423, 2449382; 449245, 2449149; 449068, 2448933; return to starting point.
(B)
(A) Unit consists of the following 17 boundary points: Start at 434421, 2452541; 434634, 2452659; 434776, 2452663; 434894, 2452862; 434993, 2452692; 435074, 2452644; 435221, 2452678; 435334, 2452914; 435626, 2452805; 435684, 2452743; 435571, 2451808; 435202, 2451855; 435126, 2452002; 434852, 2452163; 434885, 2452271; 434757, 2452352; 434587, 2452394; return to starting point.
(B)
(A) Unit consists of the following 419 boundary points: Start at 443067, 2445215; 443066, 2445209; 443066, 2445190; 443083, 2445171; 443103, 2445152; 443122, 2445132; 443135, 2445115; 443140, 2445105; 443144, 2445096; 443150, 2445078; 443152, 2445059; 443153, 2445040; 443153, 2445020; 443156, 2445003; 443158, 2444995; 443163, 2444984; 443175, 2444965; 443177, 2444962; 443193, 2444946; 443196, 2444944; 443215, 2444938; 443234, 2444932; 443240, 2444927; 443252, 2444914; 443260, 2444907; 443271, 2444898; 443281, 2444890; 443290, 2444876; 443294, 2444870; 443301, 2444851; 443307, 2444833; 443309, 2444829; 443313, 2444815; 443320, 2444796; 443327, 2444778; 443333, 2444758; 443341, 2444740; 443346, 2444728; 443352, 2444721; 443366, 2444706; 443373, 2444702; 443385, 2444699; 443403, 2444695; 443423, 2444686; 443435, 2444664; 443440, 2444655; 443443, 2444647; 443444, 2444627; 443447, 2444608; 443452, 2444591; 443459, 2444579; 443464, 2444570; 443478, 2444555; 443483, 2444551; 443497, 2444548; 443516, 2444546; 443534, 2444543; 443553, 2444537; 443557, 2444532; 443571, 2444521; 443579, 2444514; 443598, 2444493; 443610, 2444483; 443617, 2444477; 443628, 2444469; 443647, 2444460; 443666, 2444456; 443677, 2444459; 443685, 2444463; 443703, 2444469; 443722, 2444464; 443732, 2444458; 443740, 2444454; 443760, 2444446; 443769, 2444440; 443987, 2444415; 444047, 2444337; 444117, 2444107; 444210, 2443933; 444299, 2443729; 444347, 2443603; 444425, 2443555; 444600, 2443428; 444759, 2443295; 445253, 2443054; 445513, 2442838; 445854, 2442734; 445951, 2442593; 446214, 2442612; 446381, 2442489; 446652, 2442437; 446591, 2442195; 446694, 2442007; 446686, 2441764; 446640, 2441627; 446587, 2441543; 446587, 2441501; 446641, 2441436; 446560, 2441376; 446348, 2441177; 446122, 2441415; 445543, 2441183; 445413, 2441371; 445395, 2441421; 445382, 2441433; 445261, 2441357; 445124,
(B)
(A) Unit consists of the following 174 boundary points: Start at 425642, 2448753; 426032, 2448753; 426313, 2448497; 426288, 2448753; 426735, 2448715; 427004, 2448702; 426723, 2448868; 426723, 2448996; 427068, 2449085; 426697, 2449175; 426288, 2449252; 426070, 2449379; 426428, 2449430; 426428, 2449545; 426697, 2449609; 427068, 2449801; 427196, 2449942; 427273, 2450069; 427708, 2449967; 427887, 2449993; 428040, 2450235; 428168, 2449878; 428232, 2449788; 428488, 2449673; 428488, 2449571; 428718, 2449443; 428910, 2449533; 429089, 2449443; 429115, 2449532; 429549, 2449584; 429805, 2449609; 429677, 2449941; 429283, 2450247; 429576, 2450092; 429717, 2449996; 429751, 2449978; 429791, 2449963; 429830, 2449956; 429860, 2449947; 429944, 2449910; 429968, 2449904; 430016, 2449884; 430068, 2449856; 430172, 2449815; 430207, 2449804; 430261, 2449795; 430317, 2449781; 430340, 2449778; 430365, 2449787; 430392, 2449798; 430408, 2449802; 430410, 2449802; 430406, 2449796; 430471, 2449787; 430527, 2449754; 430583, 2449736; 430635, 2449693; 430696, 2449656; 430720, 2449646; 430819, 2449646; 430899, 2449674; 430918, 2449717; 430904, 2449834; 430927, 2449905; 430955, 2449985; 430993, 2450032; 431068, 2450041; 431153, 2450008; 431238, 2449970; 431285, 2449942; 431360, 2449956; 431449, 2449886; 431497, 2449867; 431605, 2449895; 431657, 2449890; 431699, 2449876; 431765, 2449810; 431864, 2449801; 431981, 2449792; 431993, 2449791; 432594, 2449404; 432440, 2449378; 432415, 2449161; 432550, 2449064; 432514, 2449029; 432286, 2448988; 432120, 2448816; 432217, 2448734; 432331, 2448670; 432248, 2448433; 432235, 2448305; 432261, 2448075; 432248, 2447985; 432082, 2447678; 432073, 2447674; 432001, 2447726; 431869, 2447580; 431749, 2447525; 431686, 2447378; 431369, 2447027; 431298, 2446522; 430955, 2445963; 430837, 2445645; 430679, 2445410; 430405, 2445422; 429367, 2445154; 429077,
(B)
(A) Unit consists of the following 234 boundary points: Start at 438751, 2445160; 438842, 2444944; 439024, 2445148; 439285, 2445160; 439353, 2445398; 439637, 2445466; 439933, 2445511; 440148, 2445421; 440273, 2445375; 440512, 2445375; 441091, 2445284; 441046, 2445068; 441387, 2445216; 441625, 2445204; 441750, 2445102; 441807, 2445307; 441909, 2445363; 442045, 2445454; 442204, 2445397; 441966, 2445250; 441943, 2445068; 441841, 2444784; 441784, 2444750; 441648, 2444921; 441409, 2444841; 441659, 2444489; 441148,
(B)
(A) Unit consists of the following 25 boundary points: Start at 435195, 2453363; 436166, 2452375; 436126, 2452230; 436044, 2452097; 436021, 2451986; 435829, 2451986; 435788, 2451934; 435672, 2452056; 435753, 2451876; 434846, 2451952; 434765, 2452045; 434660, 2452010; 434742, 2452144; 434695, 2452271; 434556, 2452306; 434463, 2452370; 434381, 2452440; 434329, 2452515; 434317, 2452661; 434474, 2452748; 434701, 2452846; 434893, 2453015; 435044, 2452916; 435155, 2453055; 435062, 2453241; return to starting point.
(B)
(A) Unit consists of the following 77 boundary points: Start at 433153, 2449843; 432813, 2450152; 432485, 2450450; 432490, 2450478; 432501, 2450529; 432494, 2450543; 432477, 2450580; 432468, 2450593; 432464, 2450611; 432465, 2450623; 432450, 2450624; 432408, 2450635; 432380, 2450644; 432335, 2450666; 432281, 2450696; 432235, 2450718; 432200, 2450735; 432172, 2450746; 432145, 2450759; 431625, 2451231; 431758, 2451328; 431849, 2451245; 431911, 2451384; 431960, 2451272; 432072, 2451300; 432121, 2451098; 432191, 2451293; 432246, 2451224; 432267, 2451286; 432386, 2451112; 432365, 2451307; 432477, 2451286; 432456, 2451398; 432532, 2451384; 432553, 2451481; 432539, 2451572; 432630, 2451691; 432742, 2451495; 432825, 2451642; 432909, 2451579; 432902, 2451481; 433035, 2451523; 433000, 2451405; 433063, 2451335; 432902, 2451300; 432867, 2451237; 433000, 2451098; 433084, 2450965; 433181, 2450896; 433244, 2450833; 433481, 2450937; 433516, 2450868; 433516, 2450756; 433411, 2450624; 433509, 2450638; 433509, 2450491; 433642, 2450798; 433718, 2450603; 433893, 2450638; 434102, 2450721; 434172, 2450728; 434256, 2450679; 434339, 2450672; 435693, 2449591; 435532, 2449494; 435330, 2449466; 435107, 2449452; 434681, 2449431; 434430, 2449661; 434207, 2449836; 434046, 2450073; 433795, 2449947; 433774, 2449752; 433565, 2449738; 433404, 2449759; 433321, 2449885; 433195, 2449955; return to starting point.
(B)
(A) Unit consists of the following 244 boundary points: Start at 438161, 2444755; 437857, 2445701; 437748, 2446041; 437745, 2446059; 437889, 2446251; 438216, 2446357; 438389, 2446328; 438476, 2446232; 438601, 2446290; 438649, 2446405; 438755, 2446501; 438966, 2446501; 439168, 2446386; 439294, 2446357; 439544, 2446472; 439717, 2446433; 439938, 2446424; 440169, 2446491; 440304, 2446539; 440592, 2446529; 440736, 2446616; 440823, 2446635; 440890, 2446472; 440948, 2446375; 441227, 2446173; 441179, 2446097; 441102, 2446058; 440861, 2446106; 440669, 2446145; 440438, 2446231; 440275, 2446279; 440053, 2446251; 439851, 2446174; 439774, 2446049; 439842, 2445943; 440111, 2445828; 440582, 2445702; 440890, 2445654; 441169, 2445568; 441169, 2445462; 441246, 2445185; 441265, 2445173; 441265, 2445020; 441246, 2444808; 441246, 2444654; 441188, 2444529; 440861, 2444395; 440506, 2444328; 440227, 2444251; 440034, 2444030; 439928, 2443895; 439996, 2443760; 440121, 2443607; 440073, 2443482; 439851, 2443395; 439534, 2443376; 439101, 2443414; 438774, 2443482; 438351, 2443443; 438226, 2443367; 438206, 2443261; 438264, 2443155; 438437, 2443136; 438562, 2443107; 438668, 2443001; 438659, 2442905; 438476, 2442895; 438341, 2442886; 438389, 2442780; 438697, 2442616; 438813, 2442520; 438543, 2442357; 438226, 2442261; 438088, 2442240; 438065, 2442246; 438049, 2442246; 438030, 2442243; 438012, 2442229; 438000, 2442216; 437999, 2442211; 437937, 2442174; 437860, 2442155; 437754, 2442068; 437629, 2442001; 437283, 2442222; 437004, 2442443; 436687, 2442963; 436235, 2443367; 436198, 2443561; 436213, 2443563; 436227, 2443563; 436240, 2443562; 436254, 2443557; 436265, 2443552; 436274, 2443547; 436287, 2443540; 436300, 2443537; 436315, 2443532; 436328, 2443529; 436337, 2443528; 436348, 2443531; 436357, 2443536; 436369, 2443546; 436380, 2443558; 436392, 2443572; 436403, 2443585; 436421, 2443611; 436438, 2443631; 436460, 2443655; 436478, 2443676; 436497,
(B)
(A) Unit consists of the following 10 boundary points: Start at 436055, 2451082; 435856, 2451368; 435690, 2451778; 435398, 2452143; 435211, 2452317; 435557, 2452588; 435790, 2452218; 435961, 2452034; 436121, 2451531; 436275, 2451227; return to starting point.
(B)
(A) Unit consists of the following 227 boundary points: Start at 435318, 2449361; 435292, 2449379; 435269, 2449384; 435247, 2449385; 435234, 2449384; 435236, 2449347; 435272, 2448835; 434926, 2448514; 433562, 2447841; 433527, 2447856; 433396, 2447759; 433345, 2447734; 433014, 2447717; 433109, 2447775; 433094, 2447922; 432827, 2447751; 432878, 2447710; 432213, 2447675; 432081, 2447668; 432001, 2447726; 431942, 2447661; 431912, 2447659; 431752, 2448070; 431709, 2447946; 431586, 2447682; 431454, 2447418; 431304, 2447145; 431119, 2446952; 430635, 2447101; 430494, 2447093; 430327, 2446996; 430019, 2446697; 429904, 2446433; 429975, 2446274; 430168, 2446168; 430432, 2446063; 430573, 2445940; 430564, 2445728; 430432, 2445675; 430115, 2445737; 429790, 2445931; 429684, 2446063; 429618, 2446078; 429654, 2446125; 429591, 2446167; 429485, 2446305; 429263, 2446389; 429094, 2446389; 428972, 2446421; 428904, 2446474; 428793, 2446542; 428740, 2446564; 428655, 2446474; 428602, 2446447; 428476, 2446463; 428396, 2446447; 428285, 2446458; 428116, 2446474; 428047, 2446484; 427185, 2447661; 427161, 2447669; 427157, 2447676; 427157, 2447711; 427175, 2447754; 427176, 2447775; 427171, 2447800; 427160, 2447815; 427130, 2447833; 427219, 2448070; 427360, 2448281; 427360, 2448404; 427360, 2448527; 427457, 2448571; 427800, 2448633; 427967, 2448650; 427932, 2448712; 428038, 2448765; 428135, 2448800; 428126, 2448862; 428038, 2448932; 428038, 2448985; 428205, 2449073; 428363, 2449038; 428399, 2449011; 428504, 2448958; 428592, 2448967; 428601, 2448932; 428645, 2448932; 428733, 2449046; 428821, 2449073; 428989, 2449055; 429112, 2449117; 429182, 2449169; 429323, 2449161; 429350, 2449178; 429314, 2449284; 429350, 2449310; 429675, 2449345; 429790, 2449398; 429878, 2449425; 430080, 2449345; 430212, 2449328; 430354, 2449452; 430355, 2449451; 430369, 2449433; 430418, 2449395; 430437,
(B) Excluding 3 areas:
(
(
(
(C)
(A) Unit consists of the following 372 boundary points: Start at 439906, 2445836; 441198, 2445593; 441314, 2445048; 441237, 2444601; 441237, 2444504; 441186, 2444474; 441100, 2444115; 441081, 2443396; 441256, 2442501; 441334, 2441762; 440770, 2441101; 440528, 2440844; 440464, 2440832; 440113, 2440527; 440014, 2440441; 440002, 2440430; 439931, 2440426; 439832, 2440430; 439556, 2440414; 439491, 2440617; 439088, 2441871; 438934, 2442351; 438866, 2442347; 438838, 2442340; 438821, 2442339; 438757, 2442331; 438721, 2442329; 438704, 2442326; 438694, 2442327; 438679, 2442324; 438656, 2442321; 438626, 2442315; 438609, 2442314; 438561, 2442316; 438536, 2442314; 438535, 2442314; 438523, 2442310; 438517, 2442310; 438496, 2442310; 438460, 2442320; 438453, 2442321; 438436, 2442321; 438433, 2442319; 438418, 2442311; 438392, 2442294; 438376, 2442278; 438373, 2442277; 438355, 2442265; 438305, 2442256; 438254, 2442248; 438238, 2442248; 438219, 2442244; 438157, 2442234; 438130, 2442234; 438114, 2442232; 438098, 2442237; 438095, 2442238; 438065, 2442246; 438049, 2442246; 438030, 2442243; 438012, 2442229; 438000, 2442216; 437998, 2442205; 437998, 2442202; 437996, 2442188; 437984, 2442167; 437973, 2442147; 437954, 2442136; 437939, 2442128; 437926, 2442125; 437912, 2442123; 437873, 2442121; 437839, 2442110; 437826, 2442106; 437806, 2442092; 437799, 2442084; 437791, 2442074; 437777, 2442052; 437766, 2442017; 437758, 2441998; 437754, 2441991; 437751, 2441981; 437745, 2441950; 437740, 2441938; 437736, 2441928; 437717, 2441899; 437711, 2441887; 437705, 2441878; 437689, 2441877; 437674, 2441875; 437647, 2441866; 437635, 2441866; 437617, 2441866; 437602, 2441867; 437566, 2441876; 437532, 2441880; 437522, 2441879; 437495, 2441869; 437460, 2441862; 437432, 2441860; 437391, 2441858; 437366, 2441852; 437346, 2441845; 437332, 2441842; 437317, 2441835; 437287, 2441816; 437274,
(B)
(A) Unit consists of the following 44 boundary points: Start at 435602, 2452865; 435551, 2452875; 435510, 2452794; 435460, 2452713; 435460, 2452612; 435409, 2452500; 435288, 2452470; 435024, 2452460; 435176, 2452288; 435217, 2452207; 435277, 2452126; 435419, 2451974; 435551, 2451852; 435592, 2451741; 434183, 2451701; 434102, 2451792; 434264, 2451873; 434213, 2451893; 434254, 2451984; 434112, 2451984; 434163, 2452065; 434051, 2452045; 434173, 2452187; 433940, 2452157; 433940, 2452248; 433828, 2452207; 433940, 2452339; 434041, 2452481; 433960, 2452582; 433838, 2452531; 433858, 2452693; 434051, 2452845; 434193, 2452966; 434517, 2452997; 434629, 2453017; 434669, 2453219; 434781, 2453169; 434933, 2453169; 434912, 2453280; 434983, 2453320; 434994, 2453452; 434872, 2453584; 435186, 2453594; 435379, 2453594; return to starting point.
(B)
(A) Unit consists of the following 15 boundary points: Start at 427428, 2447329; 429224, 2446536; 429347, 2446394; 428978, 2446451; 428955, 2446435; 428904, 2446474; 428793, 2446542; 428740, 2446564; 428655, 2446474; 428602, 2446447; 428476, 2446463; 428396, 2446447; 428285, 2446458; 428116, 2446474; 428047, 2446484; return to starting point.
(B)
(A) Unit consists of the following 42 boundary points: Start at 434264, 2451326; 435936, 2450971; 435875, 2450799; 435916, 2450657; 435835, 2450586; 435906, 2450505; 435855, 2450364; 435855, 2450293; 435733, 2450252; 435723, 2450121; 435693, 2450040; 435642, 2449908; 435642, 2449766; 435531, 2449706; 435389, 2449645; 435156, 2449635; 435105, 2449625; 435024, 2449716; 434913, 2449685; 434771, 2449635; 434659, 2449716; 434507, 2449817; 434355, 2449969; 434213, 2450182; 434274, 2450222; 434142, 2450324; 434031, 2450172; 433737, 2450162; 433676, 2450091; 433615, 2449969; 433554, 2449909; 433483, 2449970; 433362, 2450071; 433190, 2450273; 433088, 2450334; 432967, 2450466; 433473, 2451326; 433615, 2451337; 433717, 2451418; 433869, 2451428; 434061, 2451428; 434163, 2451346; return to starting point.
(B)
(A) Unit consists of the following 463 boundary points: Start at 435336, 2442801; 435344, 2442802; 435367, 2442807; 435391, 2442814; 435415, 2442819; 435435, 2442826; 435454, 2442831; 435476, 2442838; 435496, 2442844; 435516, 2442850; 435530, 2442853; 435534, 2442855; 435543, 2442858; 435556, 2442862; 435571, 2442867; 435585, 2442876; 435598, 2442885; 435608, 2442891; 435619, 2442899; 435627, 2442904; 435642, 2442920; 435658, 2442932; 435668, 2442948; 435673, 2442959; 435681, 2442977; 435688, 2442995; 435693, 2443006; 435698, 2443024; 435704, 2443036; 435708, 2443047; 435715, 2443064; 435722, 2443078; 435725, 2443086; 435729, 2443093; 435735, 2443103; 435738, 2443112; 435743, 2443127; 435749, 2443138; 435753, 2443149; 435757, 2443155; 435766, 2443169; 435778, 2443179; 435790, 2443186; 435804, 2443188; 435821, 2443194; 435842, 2443199; 435861, 2443202; 435874, 2443204; 435889, 2443208; 435904, 2443211; 435933, 2443223; 435942, 2443232; 435949, 2443246; 435958, 2443255; 435969, 2443263; 435979, 2443271; 435993, 2443281; 436010, 2443297; 436032, 2443316; 436048, 2443332; 436064, 2443343; 436080, 2443358; 436089, 2443375; 436095, 2443390; 436100, 2443403; 436107, 2443421; 436113, 2443456; 436118, 2443477; 436123, 2443502; 436134, 2443520; 436146, 2443534; 436160, 2443543; 436175, 2443554; 436190, 2443560; 436213, 2443563; 436227, 2443563; 436240, 2443562; 436254, 2443557; 436265, 2443552; 436274, 2443547; 436287, 2443540; 436300, 2443537; 436315, 2443532; 436328, 2443529; 436337, 2443528; 436348, 2443531; 436357, 2443536; 436369, 2443546; 436380, 2443558; 436392, 2443572; 436403, 2443585; 436421, 2443611; 436438, 2443631; 436460, 2443655; 436478, 2443676; 436497, 2443688; 436518, 2443696; 436534, 2443700; 436558, 2443707; 436576, 2443711; 436597, 2443714; 436611, 2443716; 436630, 2443718; 436644, 2443720; 436655, 2443724; 436666, 2443731; 436678,
(B) Excluding 2 areas:
(
(
(C)
(A) Unit consists of the following 136 boundary points: Start at 426830, 2448935; 426830, 2448946; 426865, 2448996; 426916, 2449001; 426976, 2448996; 427021, 2449001; 427096, 2449031; 427131, 2449051; 427237, 2449021; 427372, 2449006; 427513, 2449041; 427578, 2449031; 427638, 2449051; 427679, 2449061; 427814, 2449036; 427884, 2449056; 427894, 2449132; 427844, 2449202; 427799, 2449282; 427623, 2449312; 427463, 2449317; 427307, 2449292; 427227, 2449302; 427131, 2449342; 427041, 2449398; 427081, 2449468; 427257, 2449498; 427407, 2449548; 427583, 2449668; 427679, 2449709; 427759, 2449663; 427834, 2449663; 427935, 2449678; 428040, 2449588; 428145, 2449377; 428271, 2449272; 428396, 2449237; 428452, 2449197; 428422, 2449177; 428301, 2449147; 428321, 2449086; 428376, 2449051; 428376, 2449016; 428452, 2448961; 428462, 2448896; 428442, 2448800; 428321, 2448775; 428266, 2448795; 428241, 2448785; 428216, 2448730; 428271, 2448660; 428306, 2448600; 428306, 2448582; 429490, 2448299; 429651, 2448166; 429727, 2448242; 429983, 2448223; 430125, 2448308; 430134, 2448147; 429859, 2448138; 429765, 2447986; 430030, 2447910; 429594, 2447854; 429547, 2447759; 429272, 2447797; 429224, 2447749; 429243, 2447664; 429338, 2447711; 429471, 2447598; 429565, 2447598; 429622, 2447560; 429565, 2447503; 429565, 2447427; 429651, 2447380; 429537, 2447323; 429480, 2447323; 429347, 2447446; 429347, 2447304; 427881, 2447774; 427879, 2447772; 427930, 2447722; 427914, 2447661; 427814, 2447666; 427598, 2447732; 427553, 2447727; 427523, 2447732; 427458, 2447772; 427387, 2447757; 427282, 2447842; 427247, 2447872; 427111, 2447887; 427056, 2447862; 427016, 2447912; 426931, 2447952; 426835, 2448008; 426750, 2448043; 426599, 2448113; 426589, 2448188; 426127, 2448336; 426097, 2448378; 426063, 2448412; 426051, 2448421; 426007, 2448440; 425989, 2448455; 425969, 2448492; 425954, 2448543; 425949,
(B)
(A) Unit consists of the following 107 boundary points: Start at 437937, 2443749; 437924, 2443901; 437955, 2444013; 437973, 2444102; 437928, 2444227; 437902, 2444298; 437907, 2444314; 437909, 2444314; 437933, 2444302; 437960, 2444289; 437984, 2444274; 438007, 2444260; 438028, 2444258; 438048, 2444258; 438072, 2444260; 438087, 2444266; 438109, 2444271; 438133, 2444273; 438164, 2444270; 438196, 2444263; 438335, 2444214; 438310, 2444290; 438384, 2444240; 438455, 2444396; 438625, 2444450; 438696, 2444419; 438799, 2444334; 438946, 2444334; 439013, 2444356; 439080, 2444450; 439129, 2444494; 439250, 2444539; 439326, 2444579; 439402, 2444619; 439540, 2444686; 439678, 2444726; 439710, 2444829; 439705, 2444936; 439759, 2444985; 439857, 2445003; 439897, 2444931; 439919, 2444896; 440004, 2444860; 440058, 2444753; 440107, 2444668; 440138, 2444623; 440143, 2444574; 440143, 2444539; 440143, 2444476; 440071, 2444445; 440018, 2444405; 440018, 2444374; 440067, 2444351; 440080, 2444302; 440058, 2444275; 439928, 2444231; 439830, 2444271; 439750, 2444267; 439678, 2444222; 439607, 2444137; 439495, 2444057; 439428, 2444008; 439415,
(B)
(A) Unit consists of the following 19 boundary points: Start at 434356, 2450470; 434503, 2450255; 434622, 2450093; 434841, 2450072; 434941, 2449932; 435078, 2449914; 435232, 2449871; 435368, 2450079; 435350, 2450294; 435580, 2450125; 435569, 2449953; 435472, 2449863; 435368, 2449752; 435167, 2449623; 434776, 2449484; 434694, 2449462; 434539, 2449541; 434381, 2449771; 434044, 2449989; return to starting point.
(B)
(A) Unit consists of the following 119 boundary points: Start at 431977, 2448160; 432081, 2447933; 431820, 2447620; 431629, 2447412; 431298, 2447081; 431124, 2446995; 430828, 2447064; 430817, 2447078; 429798, 2446041; 429595, 2446048; 429654, 2446125; 429591, 2446167; 429485, 2446305; 429263, 2446389; 429094, 2446389; 428972, 2446421; 428904, 2446474; 428793, 2446542; 428774, 2446550; 428762, 2446580; 428765, 2446584; 429064, 2446531; 429021, 2446658; 429244, 2446797; 428914, 2446797; 428765, 2446882; 428648, 2446839; 428595, 2446892; 428659, 2447052; 428627, 2447073; 428648, 2447201; 428936, 2447211; 428808, 2447318; 428723, 2447414; 428904, 2447477; 429117, 2447477; 429202, 2447435; 429244, 2447541; 429085, 2447595; 429021, 2447658; 428968, 2447658; 428883, 2447797; 429085, 2447829; 429191, 2447914; 429266, 2447914; 429393, 2447839; 429425, 2447946; 429649, 2448063; 429628, 2448105; 429457, 2448095; 429340, 2448244; 429234, 2448158; 429138, 2448286; 428915, 2448244; 428829, 2448339; 429064, 2448361; 429149, 2448424; 429074, 2448478; 429032, 2448552; 429244, 2448829; 429362, 2448914; 429543, 2448924; 429564, 2448807; 429681, 2448818; 429649, 2448882; 429617, 2448967; 429511, 2449084; 429596, 2449254; 429734, 2449318; 429819, 2449233; 429958, 2449244; 430160, 2449169; 429968, 2449371; 430064, 2449382; 430075, 2449339; 430181, 2449307; 430362, 2449254; 430330, 2449414; 430330, 2449415; 430366, 2449436; 430355, 2449451; 430349, 2449466; 430335, 2449474; 430320, 2449476; 430320, 2449477; 430394, 2449658; 430350, 2449658; 430348, 2449666; 430376, 2449750; 430384, 2449766; 430406, 2449796; 430471, 2449787; 430527, 2449754; 430583, 2449736; 430635, 2449693; 430696, 2449656; 430720, 2449646; 430819, 2449646; 430899, 2449674; 430918, 2449717; 430904, 2449834; 430927, 2449905; 430955, 2449985; 430993, 2450032; 431068, 2450041; 431153, 2450008; 431238,
(B)
(A) Unit consists of the following 51 boundary points: Start at 435663, 2441899; 437117, 2442058; 437240, 2442106; 437316, 2441834; 437287, 2441816; 437274, 2441809; 437240, 2441796; 437224, 2441791; 437181, 2441781; 437150, 2441777; 437111, 2441777; 437096, 2441779; 437062, 2441776; 437008, 2441775; 436960, 2441776; 436912, 2441780; 436895, 2441784; 436825, 2441795; 436799, 2441801; 436777, 2441809; 436730, 2441820; 436695, 2441811; 436666, 2441808; 436638, 2441803; 436618, 2441796; 436593, 2441792; 436583, 2441789; 436541, 2441785; 436492, 2441773; 436453, 2441759; 436419, 2441739; 436408, 2441737; 436374, 2441718; 436357, 2441708; 436342, 2441700; 436319, 2441681; 436285, 2441639; 436272, 2441618; 436247, 2441590; 436228, 2441575; 436203, 2441564; 436181, 2441558; 436167, 2441552; 436155, 2441546; 436121, 2441536; 436070, 2441515; 436039, 2441504; 436027, 2441501; 435983, 2441481; 435950, 2441467; 435894, 2441450; return to starting point.
(B)
(A) Unit consists of the following 48 boundary points: Start at 437855, 2445706; 437877, 2445731; 437906, 2445821; 437983, 2445872; 437996, 2445968; 438025, 2445891; 438060, 2445843; 438124, 2445965; 438197, 2445865; 438213, 2445843; 438178, 2445750; 438293, 2445689; 438341, 2445734; 438438, 2445779; 438450, 2445747; 438393, 2445660; 438341, 2445593; 438505, 2445580; 438572, 2445708; 438575, 2445763; 438658, 2445766; 438646, 2445664; 438646, 2445616; 438713, 2445667; 438777, 2445628; 438918, 2445792; 438953, 2445744; 439030, 2445811; 439251, 2445897; 439289, 2445958; 439318, 2445919; 439328, 2445836; 439318, 2445679; 439286, 2445555; 439257, 2445401; 439187, 2445295; 439136, 2445260; 438969, 2445228; 438905, 2445151; 438851, 2445110; 438831, 2445107; 438700, 2445203; 438559, 2445267; 438470, 2445308; 438361, 2445331; 438303, 2445382; 438236, 2445382; 437929, 2445478; return to starting point.
(B)
(A) Unit consists of the following 12 boundary points: Start at 428611, 2447702; 428616, 2447840; 428804, 2447934; 428942, 2447978; 429058, 2448006; 429174, 2448056; 429113, 2448100; 429373, 2448149; 430157, 2448370; 430091, 2447531; 429544, 2447708; 428821, 2447708; return to starting point.
(B)
(A) Unit consists of the following 245 boundary points: Start at 442448, 2445805; 442665, 2445511; 442672, 2445510; 442668, 2445494; 442667, 2445490; 442671, 2445471; 442675, 2445453; 442682, 2445433; 442689, 2445419; 442694, 2445414; 442709, 2445399; 442727, 2445386; 442743, 2445378; 442747, 2445377; 442765, 2445370; 442785, 2445364; 442798, 2445359; 442804, 2445357; 442821, 2445353; 442842, 2445347; 442858, 2445342; 442862, 2445341; 442877, 2445336; 442898, 2445330; 442915, 2445323; 442934, 2445314; 442952, 2445303; 442956, 2445301; 442972, 2445292; 442981, 2445284; 442990, 2445276; 443009, 2445266; 443029, 2445263; 443047, 2445260; 443065, 2445247; 443068, 2445227; 443066, 2445209; 443066, 2445190; 443083, 2445171; 443103, 2445152; 443122, 2445132; 443135, 2445115; 443140, 2445105; 443144, 2445096; 443150, 2445078; 443152, 2445059; 443153, 2445040; 443153, 2445020; 443156, 2445003; 443158, 2444995; 443163, 2444984; 443175, 2444965; 443177, 2444962; 443193, 2444946; 443196, 2444944; 443215, 2444938; 443234, 2444932; 443240, 2444927; 443252, 2444914; 443260, 2444907; 443271, 2444898; 443281, 2444890; 443290, 2444876; 443294, 2444870; 443301, 2444851; 443307, 2444833; 443309, 2444829; 443313, 2444815; 443320, 2444796; 443327, 2444778; 443333, 2444758; 443341, 2444740; 443346, 2444728; 443352, 2444721; 443366, 2444706; 443373, 2444702; 443385, 2444699; 443403, 2444695; 443423, 2444686; 443435, 2444664; 443440, 2444655; 443443, 2444647; 443444, 2444627; 443447, 2444608; 443452, 2444591; 443459, 2444579; 443464, 2444570; 443478, 2444555; 443483, 2444551; 443497, 2444548; 443516, 2444546; 443534, 2444543; 443553, 2444537; 443557, 2444532; 443571, 2444521; 443579, 2444514; 443598, 2444493; 443610, 2444483; 443617, 2444477; 443628, 2444469; 443647, 2444460; 443666, 2444456; 443677, 2444459; 443685, 2444463; 443703, 2444469; 443722, 2444464; 443732,
(B)
(A) Unit consists of the following 73 boundary points: Start at 434088, 2448772; 434057, 2448814; 433978, 2448898; 433944, 2448994; 433902, 2449074; 433692, 2449220; 433659, 2449275; 433659, 2449342; 433625, 2449489; 433500, 2449564; 433462, 2449619; 433461, 2449623; 433480, 2449629; 433484, 2449703; 433460, 2449707; 433444, 2449707; 433441, 2449723; 433318, 2449783; 433292, 2449640; 432855, 2450187; 432823, 2450206; 432826, 2450224; 432797, 2450260; 432768, 2450266; 432752, 2450270; 432745, 2450272; 432733, 2450275; 432709, 2450317; 432692, 2450330; 432650, 2450343; 432591, 2450373; 432573, 2450385; 432550, 2450412; 432528, 2450468; 432515, 2450503; 432494, 2450543; 432477, 2450580; 432468, 2450593; 432464, 2450611; 432465, 2450623; 432450, 2450624; 432445, 2450625; 432435, 2450666; 432502, 2450935; 432628, 2451128; 432889, 2450808; 432771, 2450766; 432737, 2450598; 432897, 2450691; 433099, 2450615; 433217, 2450489; 433248, 2450427; 434703, 2451005; 436330, 2450099; 436237, 2450032; 436212, 2450009; 436203, 2450009; 436111, 2449924; 436109, 2449918; 435562, 2449429; 435168, 2449400; 435010, 2449343; 435011, 2449352; 434884, 2449298; 434872, 2449294; 434833, 2449281; 434833, 2449280; 434814, 2449273; 434573, 2449187; 434342, 2448860; 434340, 2448859; 434109, 2448774; 434091, 2448768; return to starting point.
(B)
(A) Unit consists of the following 121 boundary points: Start at 432745, 2452425; 434404, 2451114; 434287, 2451030; 434135, 2451007; 434062, 2451170; 433978, 2451164; 433917, 2450991; 433698, 2450985; 433608, 2450963; 433524, 2451170; 433328, 2451041; 433188, 2451120; 433322, 2451237; 433132, 2451249; 433143, 2451316; 433210, 2451411; 433126, 2451411; 433098, 2451450; 433132, 2451512; 433109, 2451568; 433126, 2451663; 432980, 2451618; 432969, 2451714; 432919, 2451708; 432812, 2451742; 432773, 2451669; 432689, 2451842; 432621, 2451820; 432571, 2451803; 432537, 2451730; 432504, 2451635; 432453, 2451590; 432453, 2451467; 432347, 2451490; 432347, 2451450; 432392, 2451355; 432319, 2451350; 432201, 2451372; 432139, 2451366; 432016, 2451383; 431932, 2451439; 431893, 2451507; 431831, 2451411; 431775, 2451411; 431736, 2451507; 431657, 2451423; 431618, 2451367; 431579, 2451299; 431511, 2451311; 431416, 2451367; 431378, 2451323; 431373, 2451329; 431370, 2451323; 431360, 2451314; 431351, 2451321; 431337, 2451323; 431318, 2451324; 431304, 2451317; 431293, 2451316; 431287, 2451322; 431281, 2451336; 431277, 2451355; 431264, 2451350; 431245, 2451336; 431233, 2451323; 431242, 2451310; 431267, 2451297; 431294, 2451278; 431312, 2451246; 431348, 2451203; 431384, 2451176; 431402, 2451170; 431407, 2451149; 431415, 2451137; 431428, 2451129; 431432, 2451109; 431442, 2451094; 431457, 2451086; 431456, 2451081; 431450, 2451067; 431455, 2451053; 431467, 2451047; 431486, 2451047; 431488, 2451038; 431482, 2451029; 431481, 2451010; 431487, 2450998; 431504, 2450987; 431499, 2450978; 431486, 2450974; 431476, 2450971; 431456, 2450971; 431455, 2450971; 431158, 2451367; 431349, 2451456; 431321, 2451557; 431287, 2451714; 431371, 2451669; 431438, 2451820; 431461, 2451787; 431567, 2451848; 431685, 2451893; 431769, 2451798; 431808, 2451826; 431775, 2451882; 431853, 2451910; 431937,
(B)
(A) Unit consists of the following 49 boundary points: Start at 435094, 2454278; 435593, 2453600; 435509, 2453505; 435509, 2453460; 435374, 2453455; 435279, 2453455; 435184, 2453449; 435077, 2453393; 435083, 2453309; 435038, 2453287; 435015, 2453130; 434982, 2453113; 434892, 2453113; 434774, 2453068; 434713, 2452945; 434601, 2452884; 434483, 2452816; 434180, 2452744; 434203, 2452592; 434169, 2452385; 434309, 2452374; 434309, 2452307; 434388, 2452245; 434371, 2452195; 434533, 2452116; 434488, 2451948; 433115, 2452430; 433092, 2452565; 433171, 2452677; 433132, 2452722; 433311, 2452806; 433704, 2452951; 433743, 2452957; 433788, 2453029; 433995, 2453164; 434085, 2453242; 434186, 2453332; 434354, 2453438; 434421, 2453516; 434427, 2453617; 434561, 2453584; 434567, 2453712; 434657, 2453819; 434780, 2453964; 434802, 2453948; 434802, 2454032; 434903, 2454149; 434971, 2454132; 434993, 2454233; return to starting point.
(B)
(A) Unit consists of the following 184 boundary points: coastline; 425961, 2449457; 425945, 2449431; 426025, 2449417; 426119, 2449388; 426206, 2449330; 426264, 2449199; 426496, 2449105; 426662, 2449004; 426800, 2448866; 427032, 2448743; 427068, 2448642; 426966, 2448569; 426829, 2448606; 426503, 2448743; 426445, 2448765; 426401, 2448707; 426336, 2448693; 426336, 2448642; 426322, 2448577; 426264, 2448540; 426170, 2448591; 426025, 2448729; 425974, 2448707; 425858, 2448700; 425786, 2448707; 425692, 2448779; 425525, 2448852; 425484, 2448870; 425466, 2448885; 425424, 2448946; 425344, 2449011; 425235, 2449076; 425217, 2449149; 425395, 2449439; 425453, 2449540; 425525, 2449547; 425721, 2449569; 425736, 2449562; 425833, 2449576; 426041, 2449624; 426274, 2449816; 426427, 2449928; 426555, 2450065; 426804, 2450065; 427045, 2450185; 427133, 2450313; 427085, 2450490; 427141, 2450530; 427165, 2450466; 427197, 2450546; 427245, 2450554; 427302, 2450425; 427534, 2450353; 427639, 2450393; 427671, 2450369; 427711, 2450441; 428008, 2450618; 428136, 2450682; 428184, 2450794; 428152, 2450947; 428257, 2450955; 428329, 2450987; 428353, 2450850; 428385, 2450730; 428385, 2450586; 428329, 2450514; 428377, 2450433; 428425, 2450506; 428425, 2450618; 428481, 2450770; 428538, 2450778; 428538, 2450858; 428570, 2450979; 428650, 2451011; 428714, 2450987; 428794, 2450987; 428834, 2450923; 428899, 2451059; 428955, 2451067; 429035, 2450987; 429051, 2450882; 429099, 2450834; 429139, 2450810; 429629, 2450177; 429625, 2450178; 429610, 2450183; 429571, 2450198; 429538, 2450212; 429503, 2450229; 429460, 2450248; 429433, 2450259; 429404, 2450268; 429391, 2450277; 429371, 2450289; 429356, 2450303; 429342, 2450315; 429321, 2450332; 429294, 2450343; 429269, 2450357; 429244, 2450363; 429232, 2450370; 429208, 2450389; 429205, 2450394; 429200, 2450405; 429193, 2450416; 429174, 2450426; 429162,
(B)
(A) Unit consists of the following 100 boundary points: Start at 439125, 2441965; 439082, 2442134; 439060, 2442238; 439038, 2442310; 439065, 2442364; 439202, 2442397; 439262, 2442430; 439514, 2442474; 439586, 2442550; 439651, 2442589; 439788, 2442589; 439876, 2442567; 439925, 2442561; 439969, 2442649; 440018, 2442737; 440035, 2442747; 440073, 2442698; 440073, 2442665; 440150, 2442682; 440248, 2442791; 440363, 2442906; 440407, 2442917; 440468, 2442895; 440577, 2442983; 440654, 2443005; 440774, 2442966; 440769, 2442939; 440862, 2442939; 440988, 2442955; 441059, 2442994; 441141, 2442906; 441207, 2442829; 441306, 2442758; 441415, 2442720; 441651, 2442720; 441810, 2442742; 441908, 2442758; 441968, 2442736; 441996, 2442659; 442111, 2442621; 442341, 2442555; 442434, 2442539; 442598, 2442544; 442659, 2442522; 442659, 2442513; 442735, 2442462; 442779, 2442358; 442757, 2442249; 442757, 2442216; 442763, 2442183; 442752, 2442134; 442697, 2442117; 442675, 2442073; 442708, 2442051; 442768, 2442068; 442796, 2442040; 442850, 2441964; 442933, 2441947; 442987, 2441865; 442987, 2441794; 442954, 2441761; 442883, 2441745; 442779, 2441750; 442719, 2441772; 442681, 2441756; 442681, 2441717; 442730, 2441663; 442812, 2441624; 442823, 2441586; 442812, 2441526; 442856, 2441482; 442916, 2441455; 442954, 2441378; 442982, 2441350; 442631, 2441285; 442287, 2441225; 441900, 2441576; 441842, 2441576; 441832, 2441635; 441804, 2441674; 441733, 2441718; 441667, 2441761; 441651, 2441800; 441519, 2441794; 441251, 2441745; 440977, 2441625; 440917, 2441537; 440884, 2441477; 440725, 2441411; 440511, 2441367; 440265, 2441329; 440194, 2441307; 440018, 2441214; 439892, 2441132; 439761, 2441044; 439553, 2440946; 439492, 2440924; 439405, 2440902; 439076, 2441910; 439120, 2441932; return to starting point.
(B)
(A) Unit consists of the following 13 boundary points: Start at 437970, 2446232; 439724, 2445859; 439747, 2445326; 439471, 2445259; 439401, 2445208; 439351, 2445174; 438983, 2445051; 438803, 2445014; 438673, 2445016; 438448, 2445099; 438225, 2445106; 438147, 2445051; 438140, 2445049; return to starting point.
(B)
(A) Unit consists of the following 97 boundary points: Start at 437937, 2443749; 437924, 2443901; 437955, 2444013; 437973, 2444102; 437928, 2444227; 437902, 2444298; 437911, 2444303; 438000, 2444267; 438085, 2444267; 438156, 2444280; 438326, 2444213; 438348, 2444222; 438384, 2444240; 438455, 2444396; 438625, 2444450; 438696, 2444419; 438799, 2444334; 438946, 2444334; 439013, 2444356; 439080, 2444450; 439129, 2444494; 439250, 2444539; 439326, 2444579; 439402, 2444619; 439540, 2444686; 439678, 2444726; 439710, 2444829; 439705, 2444936; 439759, 2444985; 439857, 2445003; 439897, 2444931; 439919, 2444896; 440004, 2444860; 440058, 2444753; 440107, 2444668; 440138, 2444623; 440143, 2444574; 440143, 2444539; 440143, 2444476; 440071, 2444445; 440018, 2444405; 440018, 2444374; 440067, 2444351; 440080, 2444302; 440058, 2444275; 439928, 2444231; 439830, 2444271; 439750, 2444267; 439678, 2444222; 439607, 2444137; 439495, 2444057; 439428, 2444008; 439415, 2443959; 439464, 2443887; 439500, 2443878; 439518, 2443861; 439486, 2443843; 439486, 2443812; 439477, 2443771; 439464, 2443770; 439500, 2443655; 439473, 2443620; 439446, 2443588; 439446, 2443539; 439428, 2443513; 439312, 2443513; 439294, 2443508; 439268, 2443450; 439241, 2443401; 439210, 2443392; 439187,
(B)
(A) Unit consists of the following 7 boundary points: Start at 441158, 2456345; 440802, 2456603; 441024, 2456625; 441109, 2456674; 441096, 2456831; 441096, 2456842; 441384, 2456663; return to starting point.
(B)
(A) Unit consists of the following 47 boundary points: Start at 434833, 2449278; 434824, 2449275; 434569, 2449182; 434357, 2448899; 434343, 2448881; 434145, 2448778; 434076, 2448743; 434061, 2448769; 433970, 2448925; 433903, 2449067; 433746, 2449177; 433650, 2449258; 433659, 2449418; 433575, 2449511; 433473, 2449595; 433461, 2449623; 433480, 2449629; 433484, 2449703; 433460, 2449707; 433443, 2449707; 433442, 2449724; 433348, 2449773; 433304, 2449883; 433184, 2450065; 433006, 2450176; 432940, 2450230; 432816, 2450278; 433712, 2450629; 434347, 2450868; 434676, 2451014; 434924, 2450872; 435714, 2450443; 436323, 2450091; 436203, 2450009; 436203, 2450009; 436201, 2450007; 436194, 2450002; 435573, 2449422; 435549, 2449426; 435517, 2449423; 435501, 2449420; 435498, 2449418; 435177, 2449404; 435010, 2449343; 435011, 2449352; 434881, 2449297; 434833, 2449281; return to starting point.
(B)
(A) Unit consists of the following 110 boundary points: Start at 426811, 2448002; 427169, 2449411; 426941, 2449644; 427428, 2449744; 427602, 2449670; 427375, 2449950; 427862, 2449850; 428025, 2449872; 428417, 2449538; 428792, 2449348; 428919, 2449417; 429157, 2449343; 429189, 2449432; 429866, 2449617; 429586, 2450082; 429598, 2450077; 429717, 2449996; 429751, 2449978; 429791, 2449963; 429830, 2449956; 429860, 2449947; 429944, 2449910; 429968, 2449904; 430016, 2449884; 430027, 2449878; 430300, 2449348; 429803, 2449411; 429501, 2449279; 429411, 2449047; 429231, 2448941; 428781, 2449052; 428877, 2448948; 428940, 2448908; 429100, 2448884; 429100, 2448820; 429084, 2448749; 429180, 2448669; 429044, 2448677; 428925, 2448749; 428861, 2448677; 428805, 2448685; 428717, 2448637; 428837, 2448565; 428877, 2448470; 428725, 2448462; 428653, 2448462; 428454, 2448318; 428502, 2448174; 428597, 2448198; 428789, 2448214; 428932, 2448119; 429060, 2448182; 429124, 2448087; 429204, 2448095; 429292, 2448023; 429156, 2448007; 428901, 2447951; 428725, 2447863; 428613, 2447816; 428597, 2447736; 428661, 2447616; 428773, 2447616; 428621, 2447520; 428581, 2447624; 428374, 2447648; 428478, 2447465; 428446, 2447369; 428589, 2447313; 428350, 2447281; 428310, 2447393; 427967, 2447465; 427975, 2447369; 427967, 2447289; 427895, 2447289; 427951, 2447186; 428198, 2447098; 428358, 2447098; 428438, 2447193; 428510, 2447122; 428494, 2447098; 428510, 2446994; 428398, 2446906; 428502, 2446755; 428733, 2446787; 428877, 2446723; 428861, 2446667; 428741, 2446707; 428653, 2446635; 428382, 2446595; 428246, 2446651; 427959, 2446635; 427952, 2446615; 427185, 2447661; 427161, 2447669; 427157, 2447676; 427157, 2447711; 427175, 2447754; 427176, 2447775; 427171, 2447800; 427160, 2447815; 427124, 2447837; 427084, 2447847; 427039, 2447867; 426997, 2447892; 426981, 2447902; 426958, 2447923; 426944,
(B)
(A) Unit consists of the following 39 boundary points: Start at 436481, 2454892; 436554, 2454840; 436578, 2454805; 436650, 2454788; 436692, 2454795; 436761, 2454736; 436782, 2454761; 436806, 2454757; 436823, 2454836; 436816, 2454895; 436834, 2454968; 436858, 2454971; 436858, 2454912; 436906, 2454847; 436899, 2454633; 436896, 2454554; 436889, 2454509; 436927, 2454474; 437006, 2454412; 437006, 2454395; 436920, 2454384; 436896, 2454298; 436875, 2454271; 436854, 2454271; 436840, 2454322; 436834, 2454426; 436834, 2454485; 436809, 2454523; 436764, 2454567; 436733, 2454616; 436685, 2454619; 436654, 2454619; 436619, 2454650; 436581, 2454681; 436530, 2454688; 436505, 2454737; 436485, 2454781; 436457, 2454833; 436457, 2454861; return to starting point.
(B)
(A) Unit consists of the following 85 boundary points: Start at 439181, 2445148; 439301, 2445148; 439351, 2445232; 439351, 2445395; 439471, 2445366; 439563, 2445479; 439711, 2445479; 439817, 2445437; 439895, 2445501; 439951, 2445409; 440008, 2445430; 440022, 2445515; 440128, 2445458; 440149, 2445310; 440269, 2445402; 440312, 2445218; 440404, 2445267; 440439, 2445409; 440517, 2445373; 440545, 2445317; 440623, 2445352; 441025, 2445302; 441054, 2445211; 441018, 2445055; 441145, 2445161; 441216, 2445175; 441280, 2445140; 441372, 2445225; 441527, 2445133; 441527, 2445196; 441647, 2445210; 441746, 2445083; 441796, 2445203; 441788, 2445309; 441894, 2445387; 441979, 2445345; 442057, 2445465; 442198, 2445373; 442057, 2445359; 441993, 2445246; 441894, 2445295; 441866, 2445253; 441951, 2445182; 441951, 2445104; 441880, 2444878; 441803, 2444780; 441739, 2444787; 441640, 2444914; 441548, 2444857; 441400, 2444893; 441357, 2444857; 441485, 2444751; 441612, 2444547; 441591, 2444490; 441442, 2444554; 441343, 2444504; 441188, 2444490; 441117, 2444582; 440969, 2444533; 440714, 2444554; 440714, 2444434; 440835, 2444363; 440736, 2444264; 440594, 2444377; 440594, 2444250; 440432, 2444243; 440432, 2444321; 440531, 2444392; 440446, 2444406; 440446, 2444519; 440283, 2444483; 440142, 2444554; 440057, 2444420; 439980, 2444378; 440078, 2444300; 440022, 2444243; 439874, 2444229; 439704, 2444236; 439640, 2444145; 439492, 2444074; 439400, 2444003; 438884, 2445049; 438983, 2445042; 438983, 2445141; 439139, 2445169; return to starting point.
(B)
(A) Unit consists of the following 73 boundary points: Start at 432751, 2449809; 432525, 2449982; 432579, 2450036; 432551, 2450083; 432523, 2450130; 432523, 2450182; 432565, 2450262; 432523, 2450304; 432475, 2450313; 432452, 2450337; 432461, 2450375; 432480, 2450426; 432490, 2450478; 432501, 2450529; 432494, 2450543; 432477, 2450580; 432468, 2450593; 432464, 2450611; 432465, 2450623; 432450, 2450624; 432408, 2450635; 432380, 2450644; 432335, 2450666; 432306, 2450682; 432952, 2451018; 433092, 2450986; 433100, 2450920; 433191, 2450796; 433323, 2450788; 433380, 2450813; 433471, 2450895; 433528, 2450805; 433397, 2450640; 433372, 2450550; 433495, 2450640; 433479, 2450443; 433495, 2450369; 433569, 2450435; 433561, 2450632; 433635, 2450681; 433685, 2450566; 433750, 2450410; 433849, 2450517; 434162, 2450566; 434401, 2450615; 434425, 2450525; 434606, 2450525; 434639, 2450327; 434952, 2450270; 434952, 2449497; 434968, 2449447; 434812, 2449447; 434688, 2449421; 434573, 2449489; 434461, 2449513; 434354, 2449390; 434322, 2449449; 434310, 2449628; 434251, 2449664; 434076, 2449767; 433964, 2449950; 433873, 2449910; 433808, 2449826; 433817, 2449668; 433535, 2449656; 433372, 2449777; 433285, 2449871; 433199, 2449958; 433166, 2449867; 433183, 2449769; 433094, 2449708; 432985, 2449744; 432952, 2449654; return to starting point.
(B)
(A) Unit consists of the following 95 boundary points: Start at 429500, 2447004; 429408, 2446809; 427175, 2447761; 427176, 2447775; 427171, 2447800; 427160, 2447815; 427124, 2447837; 427084, 2447847; 427039, 2447867; 427014, 2447882; 427019, 2447905; 426996, 2447928; 426906, 2448039; 426874, 2448050; 426752, 2448039; 426667, 2448060; 426648, 2448068; 426613, 2448093; 426561, 2448116; 426560, 2448116; 426491, 2448177; 426375, 2448225; 426316, 2448252; 426316, 2448342; 426321, 2448427; 426380, 2448475; 426438, 2448496; 426550, 2448475; 426699, 2448421; 426784, 2448374; 427049, 2448347; 427102, 2448379; 427166, 2448575; 427170, 2448577; 427171, 2448582; 427181, 2448581; 427241, 2448602; 427288, 2448618; 427294, 2448767; 427288, 2448830; 427368, 2448873; 427655, 2448889; 427830, 2448915; 427873, 2448968; 427899, 2449027; 427979, 2449048; 428059, 2449037; 428106, 2449027; 428282, 2449032; 428335, 2449117; 428377, 2449133; 428415, 2449101; 428478, 2449037; 428537, 2449006; 428670, 2449006; 428755, 2449021; 428824, 2448995; 428845, 2448968; 428999, 2448968; 429063, 2448942; 429350, 2448766; 429514, 2448660; 429642, 2448549; 429690, 2448432; 429658, 2448384; 429589, 2448336; 429605, 2448283; 429769, 2448246; 429844, 2448257; 430024, 2448283; 430088, 2448283; 430120, 2448235; 430152, 2448235; 430184, 2448257; 430322, 2448225; 430295, 2448166; 430290, 2448140; 430391, 2448092; 430412, 2447906; 430412, 2447848; 430348, 2447747; 430322, 2447657; 430258, 2447588; 430232, 2447529; 430237, 2447396; 430354, 2447317; 430348, 2447221; 430295, 2446966; 430242, 2446961; 430093, 2446998; 429977, 2447014; 429881, 2447041; 429764, 2446993; 429647, 2446982; 429514, 2447003; return to starting point.
(B)
(A) Unit consists of the following 78 boundary points: Start at 430406, 2449796; 430471, 2449787; 430527, 2449754; 430583, 2449736; 430635, 2449693; 430696, 2449656; 430720, 2449646; 430819, 2449646; 430899, 2449674; 430918, 2449717; 430904, 2449834; 430927, 2449905; 430955, 2449985; 430993, 2450032; 431068, 2450041; 431153, 2450008; 431238, 2449970; 431285, 2449942; 431360, 2449956; 431449, 2449886; 431497, 2449867; 431605, 2449895; 431657, 2449890; 431699, 2449876; 431765, 2449810; 431864, 2449801; 431981, 2449792; 432047, 2449787; 432113, 2449740; 432217, 2449712; 432259, 2449679; 432313, 2449721; 432664, 2449391; 432475, 2449358; 432426, 2449177; 432475, 2449062; 432514, 2449029; 432472, 2448986; 432450, 2448988; 432236, 2448980; 432162, 2448799; 432230, 2448747; 432226, 2448740; 432334, 2448663; 432269, 2448470; 432310, 2448387; 432261, 2448338; 432261, 2448264; 432220, 2448239; 432228, 2448165; 432286, 2448050; 432228, 2447976; 432212, 2447910; 429447, 2449531; 429866, 2449654; 429710, 2449811; 429644, 2449942; 429480, 2450139; 429489, 2450138; 429576, 2450092; 429717, 2449996; 429751, 2449978; 429791, 2449963; 429830, 2449956; 429860, 2449947; 429944, 2449910; 429968, 2449904; 430016, 2449884; 430068, 2449856; 430172, 2449815; 430207, 2449804; 430261, 2449795; 430317, 2449781; 430340, 2449778; 430365, 2449787; 430392, 2449798; 430408, 2449802; 430410, 2449802; return to starting point.
(B)
(A) Unit consists of the following 48 boundary points: Start at 432924, 2450644; 433080, 2451343; 433887, 2450474; 434285, 2450789; 435124, 2450447; 435088, 2449734; 434974, 2449796; 434896, 2449749; 434891, 2449796; 434850, 2449796; 434777, 2449718; 434777, 2449827; 434731, 2449827; 434725, 2449889; 434663, 2449889; 434684, 2449998; 434534, 2449951; 434534, 2450013; 434524, 2450039; 434482, 2450018; 434472, 2450096; 434441, 2450132; 434368, 2450101; 434317, 2450106; 434379, 2450323; 434291, 2450354; 434296, 2450396; 434260, 2450432; 434027, 2450241; 433706, 2450194; 433556, 2450112; 433571, 2450029; 433494, 2450050; 433411, 2450070; 433302, 2450251; 433338, 2450303; 433276, 2450298; 433266, 2450344; 433312, 2450365; 433307, 2450391; 433178, 2450355; 433240, 2450463; 433162, 2450448; 433183, 2450500; 433080, 2450489; 433111, 2450593; 433028, 2450629; 432955, 2450557; return to starting point.
(B)
(A) Unit consists of the following 27 boundary points: Start at 435290, 2442650; 435520, 2442618; 435796, 2442364; 436701, 2442400; 436882, 2442335; 436853, 2442241; 436940, 2442103; 436868, 2442082; 436752, 2442198; 436636, 2442089; 436506, 2442082; 436332, 2442154; 436303, 2441988; 436223, 2441988; 436179, 2442031; 436122, 2442125; 436064, 2442053; 435911, 2442024; 435781, 2441966; 435658, 2441995; 435542, 2441995; 435346, 2442306; 434520, 2442249; 435006, 2442690; 435235, 2442658; 435237, 2442643; 435284, 2442631; return to starting point.
(B) Excluding 1 area bounded by the following 4 points (0 ha, 1 ac): Start at 435151, 2442425; 435215, 2442393; 435195, 2442353; 435128, 2442379; return to starting point.
(C)
(A) Unit consists of the following 568 boundary points: Start at 435336, 2442801; 435344, 2442802; 435367, 2442807; 435391, 2442814; 435415, 2442819; 435435, 2442826; 435454, 2442831; 435476, 2442838; 435496, 2442844; 435516, 2442850; 435530, 2442853; 435534, 2442855; 435543, 2442858; 435556, 2442862; 435571, 2442867; 435585, 2442876; 435598, 2442885; 435608, 2442891; 435619, 2442899; 435627, 2442904; 435642, 2442920; 435658, 2442932; 435668, 2442948; 435673, 2442959; 435681, 2442977; 435688, 2442995; 435693, 2443006; 435698, 2443024; 435704, 2443036; 435708, 2443047; 435715, 2443064; 435722, 2443078; 435725, 2443086; 435729, 2443093; 435735, 2443103; 435738, 2443112; 435743, 2443127; 435749, 2443138; 435753, 2443149; 435757, 2443155; 435766, 2443169; 435778, 2443179; 435790, 2443186; 435804, 2443188; 435821, 2443194; 435842, 2443199; 435861, 2443202; 435874, 2443204; 435889, 2443208; 435904, 2443211; 435933, 2443223; 435942, 2443232; 435949, 2443246; 435958, 2443255; 435969, 2443263; 435979, 2443271; 435993, 2443281; 436010, 2443297; 436032, 2443316; 436048, 2443332; 436064, 2443343; 436080, 2443358; 436089, 2443375; 436095, 2443390; 436100, 2443403; 436107, 2443421; 436113, 2443456; 436118, 2443477; 436123, 2443502; 436134, 2443520; 436146, 2443534; 436160, 2443543; 436175, 2443554; 436190, 2443560; 436213, 2443563; 436227, 2443563; 436240, 2443562; 436254, 2443557; 436265, 2443552; 436274, 2443547; 436287, 2443540; 436300, 2443537; 436315, 2443532; 436328, 2443529; 436337, 2443528; 436348, 2443531; 436357, 2443536; 436369, 2443546; 436380, 2443558; 436392, 2443572; 436403, 2443585; 436421, 2443611; 436438, 2443631; 436460, 2443655; 436478, 2443676; 436497, 2443688; 436518, 2443696; 436534, 2443700; 436558, 2443707; 436576, 2443711; 436597, 2443714; 436611, 2443716; 436630, 2443718; 436644, 2443720; 436655, 2443724; 436666, 2443731; 436678,
(B) Excluding 2 areas:
(
(
(C)
(A) Unit consists of the following 10 boundary points: Start at 438960, 2442270; 439367, 2442351; 440212, 2442656; 440725, 2442711; 441086, 2442365; 440393, 2442323; 440088, 2442032; 439991, 2441672; 439455, 2441287; 439273, 2441296; return to starting point.
(B)
(A) Unit consists of the following 544 boundary points: Start at 430406, 2449796; 430471, 2449787; 430527, 2449754; 430583, 2449736; 430635, 2449693; 430696, 2449656; 430720, 2449646; 430819, 2449646; 430899, 2449674; 430918, 2449717; 430904, 2449834; 430927, 2449905; 430955, 2449985; 430993, 2450032; 431068, 2450041; 431153, 2450008; 431238, 2449970; 431285, 2449942; 431360, 2449956; 431449, 2449886; 431497, 2449867; 431605, 2449895; 431657, 2449890; 431699, 2449876; 431765, 2449810; 431864, 2449801; 431981, 2449792; 432047, 2449787; 432113, 2449740; 432217, 2449712; 432259, 2449679; 432344, 2449744; 432419, 2449806; 432471, 2449904; 432504, 2449961; 432579, 2450036; 432551, 2450083; 432523, 2450130; 432523, 2450182; 432565, 2450262; 432523, 2450304; 432475, 2450313; 432452, 2450337; 432461, 2450375; 432480, 2450426; 432490, 2450478; 432501, 2450529; 432504, 2450523; 432515, 2450503; 432524, 2450478; 433149, 2450124; 433338, 2449790; 434410, 2449639; 434833, 2449278; 434834, 2449277; 434839, 2449258; 434848, 2449239; 434872, 2449246; 435266, 2448909; 435282, 2448685; 435360, 2447538; 434700, 2446542; 434681, 2446520; 434675, 2446517; 434664, 2446523; 434636, 2446529; 434623, 2446526; 434620, 2446512; 434628, 2446479; 434625, 2446467; 434618, 2446459; 434582, 2446443; 434558, 2446439; 434533, 2446441; 434514, 2446449; 434500, 2446448; 434471, 2446422; 434457, 2446416; 434447, 2446420; 434434, 2446428; 434423, 2446441; 434416, 2446441; 434403, 2446435; 434400, 2446429; 434386, 2446417; 434371, 2446414; 434363, 2446417; 434355, 2446417; 434351, 2446414; 434333, 2446375; 434335, 2446361; 434340, 2446352; 434353, 2446346; 434368, 2446352; 434403, 2446359; 434411, 2446354; 434417, 2446344; 434421, 2446327; 434434, 2446306; 434469, 2446291; 434479, 2446288; 434499, 2446297; 434514, 2446317; 434528, 2446325; 434559, 2446322; 434568, 2446320; 434585,
(B) Excluding 3 areas:
(
(
(
(C)
(A) Unit consists of the following 173 boundary points: Start at 437312, 2441832; 437426, 2442297; 437228, 2442475; 437193, 2442545; 437746, 2443542; 436864, 2443836; 436870, 2443847; 436882, 2443863; 436890, 2443877; 436900, 2443900; 436911, 2443923; 436914, 2443936; 436914, 2443948; 436913, 2443962; 436910, 2443981; 436908, 2443995; 436908,
(B)
(A) Unit consists of the following 121 boundary points: Start at 435336, 2442801; 435344, 2442802; 435367, 2442807; 435391, 2442814; 435415, 2442819; 435435, 2442826; 435454, 2442831; 435476, 2442838; 435496, 2442844; 435516, 2442850; 435530, 2442853; 435534, 2442855; 435543, 2442858; 435556, 2442862; 435571, 2442867; 435585, 2442876; 435598, 2442885; 435608, 2442891; 435619, 2442899; 435627, 2442904; 435642, 2442920; 435649, 2442926; 435987, 2442743; 435923, 2442638; 435980, 2442622; 435964, 2442531; 436062, 2442540; 436086, 2442482; 436308, 2442425; 436218, 2442327; 436136, 2442343; 436029, 2442277; 435923, 2442286; 435849, 2442204; 435783, 2442236; 435710, 2442171; 435669, 2442196; 435636, 2442343; 435513, 2442376; 435472, 2442490; 435374, 2442490; 435204, 2442398; 435151, 2442425; 435134, 2442390; 434956, 2442417; 434669, 2442261; 434841, 2442245; 434816, 2442146; 434775, 2442089; 434833, 2442040; 434833, 2441958; 434947, 2441917; 435144, 2441909; 435234, 2441810; 435136, 2441761; 435054, 2441589; 434767, 2441581; 434245, 2442204; 434247, 2442208; 434253, 2442234; 434261, 2442257; 434269, 2442282; 434282, 2442299; 434295, 2442316; 434308, 2442329; 434330, 2442350; 434344, 2442361; 434355, 2442368; 434370, 2442378; 434395, 2442387; 434416, 2442397; 434439, 2442410; 434458, 2442423; 434486, 2442437; 434504, 2442450; 434522, 2442454; 434537, 2442457; 434563, 2442460; 434590, 2442462; 434610, 2442464; 434628, 2442472; 434643, 2442483; 434664, 2442490; 434680, 2442493; 434700, 2442502; 434713, 2442515; 434725, 2442524; 434735, 2442532; 434755, 2442542; 434775, 2442551; 434800, 2442556; 434822, 2442562; 434842, 2442574; 434862, 2442596; 434883, 2442613; 434896, 2442626; 434916, 2442647; 434934, 2442668; 434949, 2442681; 434972, 2442699; 434986, 2442705; 434997, 2442708; 435006, 2442713; 435012, 2442717; 435026, 2442719; 435039, 2442722; 435061,
(B)
(A) Unit consists of the following 144 boundary points: Start at 434899, 2449305; 434804, 2449290; 434736, 2449221; 434553, 2449155; 434346, 2448873; 434346, 2448873; 434133, 2448777; 434083, 2448755; 434075, 2448771; 434056, 2448804; 434012, 2448851; 433982, 2448889; 433967, 2448914; 433940, 2448999; 433923, 2449035; 433901, 2449073; 433878, 2449095; 433816, 2449138; 433722, 2449193; 433702, 2449209; 433670, 2449240; 433661, 2449253; 433655, 2449281; 433657, 2449308; 433655, 2449364; 433644, 2449421; 433637, 2449443; 433599, 2449496; 433583, 2449511; 433542, 2449535; 433502, 2449553; 433474, 2449581; 433459, 2449611; 433455, 2449620; 433457, 2449622; 433480, 2449629; 433484, 2449703; 433460, 2449707; 433445, 2449707; 433447, 2449716; 433452, 2449730; 433426, 2449734; 433382, 2449748; 433360, 2449764; 433333, 2449796; 433315, 2449831; 433305, 2449855; 433306, 2449889; 433274, 2449927; 433264, 2449953; 433222, 2450001; 433205, 2450039; 433187, 2450056; 433159, 2450071; 433150, 2450078; 433137, 2450097; 433123, 2450113; 433092, 2450137; 433056, 2450156; 433000, 2450177; 432990, 2450185; 432989, 2450202; 432984, 2450211; 432948, 2450219; 432933, 2450232; 432915, 2450267; 432908, 2450277; 432893, 2450280; 432816, 2450278; 432928, 2450321; 432968, 2450336; 432937, 2450390; 432818, 2450351; 432724, 2450450; 432672, 2450465; 432566, 2450524; 432499,
(B)
(A) Unit consists of the following 767 boundary points: Start at 429512, 2450126; 429503, 2450126; 429579, 2449948; 429883, 2449645; 429022, 2449316; 428566, 2449468; 428186, 2449923; 427856, 2449949; 427679, 2449974; 427375, 2450025; 427248, 2449898; 426868, 2449645; 426235, 2449468; 426235, 2449240; 426463, 2449240; 426767, 2449215; 426944, 2449037; 426716, 2448911; 426893, 2448708; 426539, 2448708; 426539, 2448809; 426311, 2448809; 426235,
(B)
(A) Unit consists of the following 122 boundary points: Start at 432382, 2447776; 432423, 2447705; 432682, 2447686; 432655, 2447631; 432639, 2447624; 432609, 2447647; 432320, 2447497; 432136, 2447629; 432001, 2447726; 431389, 2447049; 431307, 2447021; 431213, 2446424; 431051, 2446119; 430955, 2445963; 430925, 2445882; 430674, 2445410; 430555, 2445415; 430312, 2445743; 429891, 2446070; 429781, 2447125; 429904, 2447201; 429895, 2447305; 430027, 2447324; 429696, 2447438; 429866, 2447552; 429639, 2447675; 429667, 2447779; 429989, 2447789; 430170, 2447694; 430113, 2447893; 429989, 2448054; 430189, 2448101; 430302, 2447988; 430473, 2448035; 430283, 2448130; 430293, 2448329; 430245, 2448528; 430283, 2448642; 430407, 2448632; 430464, 2448490; 430473, 2448755; 430615, 2448689; 430520, 2448859; 430445, 2449030; 430691, 2448878; 430976, 2448916; 431222, 2448869; 431488, 2448883; 431563, 2448888; 431326, 2448954; 431156, 2449077; 431298, 2449163; 430928, 2449182; 430824, 2449248; 430947, 2449381; 431127, 2449447; 430938, 2449579; 430795, 2449542; 431023, 2449655; 431080, 2449665; 431469, 2449560; 431696, 2449560; 431563, 2449674; 431391, 2449886; 431473, 2449876; 431497, 2449867; 431513, 2449871; 431548, 2449867; 431590, 2449891; 431605, 2449895; 431657, 2449890; 431678, 2449883; 431707, 2449868; 431765, 2449810; 431835, 2449804; 432251, 2449685; 432259, 2449679; 432263, 2449682; 432287, 2449675; 432405, 2449773; 432584, 2450032; 432523, 2450178; 432523, 2450182; 432565, 2450262; 432523, 2450304; 432475, 2450313; 432459, 2450330; 432457, 2450334; 432476, 2450414; 432480, 2450426; 432486, 2450458; 432504, 2450523; 432510, 2450542; 432633, 2450391; 432930, 2450259; 433160, 2450085; 433400, 2449772; 433437, 2449726; 433436, 2449707; 433399, 2449709; 433419, 2449599; 433426, 2449556; 433430, 2449518; 433525, 2449415; 433448, 2449426; 433367, 2449352; 433368,
(B)
(A) Unit consists of the following 402 boundary points: Start at 435336, 2442801; 435344, 2442802; 435367, 2442807; 435391, 2442814; 435415, 2442819; 435435, 2442826; 435454, 2442831; 435476, 2442838; 435496, 2442844; 435516, 2442850; 435530, 2442853; 435534, 2442855; 435543, 2442858; 435556, 2442862; 435571, 2442867; 435585, 2442876; 435598, 2442885; 435608, 2442891; 435619, 2442899; 435627, 2442904; 435642, 2442920; 435658, 2442932; 435668, 2442948; 435673, 2442959; 435681, 2442977; 435688, 2442995; 435693, 2443006; 435698, 2443024; 435704, 2443036; 435708, 2443047; 435715, 2443064; 435722, 2443078; 435725, 2443086; 435729, 2443093; 435735, 2443103; 435738, 2443112; 435743, 2443127; 435749, 2443138; 435753, 2443149; 435757, 2443155; 435766, 2443169; 435778, 2443179; 435790, 2443186; 435804, 2443188; 435821, 2443194; 435842, 2443199; 435861, 2443202; 435874, 2443204; 435889, 2443208; 435904, 2443211; 435933, 2443223; 435942, 2443232; 435949, 2443246; 435958, 2443255; 435969, 2443263; 435979, 2443271; 435993, 2443281; 436010, 2443297; 436032, 2443316; 436048, 2443332; 436064, 2443343; 436080, 2443358; 436089, 2443375; 436095, 2443390; 436100, 2443403; 436107, 2443421; 436113, 2443456; 436118, 2443477; 436123, 2443502; 436134, 2443520; 436146,
(B) Excluding 2 areas:
(
(
(C)
(A) Unit consists of the following 65 boundary points: Start at 431190, 2442015; 430254, 2441884; 430238, 2442005; 429593, 2443842; 430155, 2443777; 430205, 2444275; 430214, 2444280; 430308, 2443912; 430339, 2443693; 430676, 2443374; 430654, 2443340; 430640, 2443324; 430608, 2443294; 430597, 2443274; 430587, 2443203; 430586, 2443158; 430592, 2443144; 430612, 2443121; 430634, 2443085; 430661, 2443014; 430671, 2442975; 430675, 2442949; 430682, 2442928; 430690, 2442911; 430702, 2442896; 430742, 2442852; 430777, 2442811; 430786, 2442795; 430789, 2442762; 430795, 2442751; 430844, 2442701; 430857, 2442692; 430896, 2442674; 430907, 2442665; 430914, 2442656; 430921, 2442640; 430921, 2442620; 430918, 2442601; 430912, 2442582; 430914, 2442564; 430919, 2442555; 430931, 2442541; 430947, 2442529; 430975, 2442502; 431001, 2442469; 431018, 2442445; 431030, 2442435; 431051, 2442425; 431058, 2442415; 431061, 2442389; 431068, 2442359; 431085, 2442326; 431091, 2442304; 431090, 2442285; 431094, 2442268; 431108, 2442231; 431119, 2442215; 431132, 2442205; 431142, 2442193; 431142, 2442168; 431126, 2442140; 431123, 2442121; 431130, 2442104; 431167, 2442034; 431188, 2442016; return to starting point.
(B)
(A) Unit consists of the following 42 boundary points: Start at 430320, 2441937; 430316, 2441992; 430320, 2442046; 430290, 2442087; 430221, 2442167; 430221, 2442192; 430203, 2442243; 430214, 2442345; 430181, 2442389; 430163, 2442448; 430130, 2442480; 430119, 2442542; 430148, 2442568; 430258, 2442619; 430334, 2442666; 430382, 2442714; 430407, 2442779; 430407, 2442841; 430422, 2442911; 430458, 2442951; 430465, 2442976; 430502, 2442954; 430542, 2442911; 430608, 2442896; 430659, 2442845; 430684, 2442801; 430684, 2442754; 430695, 2442721; 430728, 2442684; 430739, 2442593; 430779, 2442550; 430783, 2442477; 430812, 2442440; 430859, 2442400; 430877, 2442313; 430881, 2442218; 430907, 2442138; 430921, 2442006; 430888, 2441992; 430699, 2441963; 430582, 2441941; 430356, 2441922; return to starting point.
(B)
(A) Unit consists of the following 42 boundary points: Start at 430320, 2441937; 430316, 2441992; 430320, 2442046; 430290, 2442087; 430221, 2442167; 430221, 2442192; 430203, 2442243; 430214, 2442345; 430181, 2442389; 430163, 2442448; 430130, 2442480; 430119, 2442542; 430148, 2442568; 430258, 2442619; 430334, 2442666; 430382, 2442714; 430407, 2442779; 430407, 2442841; 430422, 2442911; 430458, 2442951; 430465, 2442976; 430502, 2442954; 430542, 2442911; 430608, 2442896; 430659, 2442845; 430684, 2442801; 430684, 2442754; 430695, 2442721; 430728, 2442684; 430739, 2442593; 430779,
(B)
(A) Unit consists of the following 18 boundary points: Start at 430198, 2432906; 430189, 2433035; 430229, 2433022; 430792, 2432814; 430834, 2432547; 430921, 2432026; 430997, 2431853; 430996, 2431853; 430633, 2431864; 430621, 2431947; 430622, 2431957; 430619, 2431960; 430615, 2431990; 430308, 2432247; 430317, 2432397; 430247, 2432440; 430207, 2432544; 430198, 2432716; return to starting point.
(B)
(A) Unit consists of the following 59 boundary points: Start at 430475, 2432656; 430222, 2432760; 430103, 2433479; 430210, 2433949; 430290, 2434118; 430239, 2434242; 430239, 2434243; 430259, 2434273; 430414, 2434498; 430435, 2434630; 430495, 2434992; 430479, 2435099; 430454, 2435369; 430488, 2435448; 430698, 2435675; 430703, 2435680; 431807, 2435389; 431700, 2435381; 431700, 2435274; 431600, 2435251; 431654, 2435052; 431562, 2435029; 431562, 2434945; 431661, 2434861; 431661, 2434861; 431524, 2434832; 431520, 2434828; 431263, 2434968; 431370, 2434692; 431363, 2434623; 431049, 2434539; 431256, 2434455; 431294, 2434371; 431217, 2434363; 431267, 2434228; 431236, 2434191; 431179, 2434149; 431057, 2434164; 431072, 2434034; 430969, 2433883; 430955, 2433867; 430955, 2433866; 430750, 2433950; 430892, 2433741; 430865, 2433686; 430819, 2433613; 430635, 2433582; 430789, 2433483; 430785, 2433441; 430774, 2433398; 430505, 2433360; 430544, 2433268; 430513, 2433223; 430567, 2433100; 430459, 2432985; 430536, 2432939; 430482, 2432847; 430521, 2432771; 430490, 2432756; return to starting point.
(B)
(A) Unit consists of the following 29 boundary points: Start at 430602, 2431571; 430633, 2431875; 430620, 2431939; 430622, 2431957; 430615, 2431963; 430605, 2432015; 430417, 2432156; 430304, 2432274; 430205, 2432470; 430137, 2432799; 430123, 2432906; 430115, 2432961; 430081, 2433067; 430077, 2433154; 430099, 2433286; 430054, 2433369; 430032, 2433480; 430032, 2433480; 430747,
(B)
(A) Unit consists of the following 17 boundary points: coastline; 420498, 2440857; 420095, 2440787; 419127, 2439857; 422725, 2443464; 422749, 2443432; 422830, 2443273; 422794, 2443226; 422660, 2443057; 422609, 2443018; 422557, 2443003; 422396, 2442865; 422383, 2442876; 422340, 2442802; 422337, 2442797; 422267, 2442675; 422055, 2442471; 420764, 2441227; coastline.
(B)
(A) Unit consists of the following 7 boundary points: coastline; 422206, 2442741; 421987, 2442507; 420735, 2441277; 420643, 2441178; 420572, 2441093; 420438, 2441235; 422071, 2442818; coastline.
(B)
(A) Unit consists of the following 24 boundary points: coastline; 418718, 2436405; 418711, 2436261; 418713, 2436100; 418746, 2435916; 418771, 2435768; 418763, 2435699; 418816, 2435550; 418853, 2435417; 418863, 2435329; 418904, 2435147; 418938, 2434999; 418971, 2434874; 418992, 2434737; 419022, 2434668; 419057, 2434621; 419092, 2434621; 419145, 2434647; 419209, 2434531; 419280, 2434420; 419395, 2434316; 419428, 2434292; 419645, 2434109; 419600, 2434015; 418693, 2436403 coastline.
(B)
(A) Unit consists of the following 8 boundary points: coastline; 421032, 2432070; 421129, 2431750; 421067, 2431592; 421328, 2431221; 421301, 2431191; 421254, 2431147; 420862, 2431988; 420900, 2432013; coastline.
(B)
(A) Unit consists of the following 5 boundary points: coastline; 423847, 2430037; 423765, 2429965; 422210, 2430021; 421524, 2430758; 421555, 2430809; coastline.
(B)
(2)
(A) Unit consists of the following 52 boundary points: Start at 384729,
(B)
(b)
(1)
Kauai 7—
(i) Cliff habitats in mixed shrub coastal dry cliff communities or diverse mesic forest and containing one or more of the following associated native plant species:
(ii) Elevations between 119 and 1,232 m (391 and 4,041 ft).
Kauai 11—
(i)
(ii) Elevations between 56 and 662 m (184 and 2,172 ft).
Kauai 7—
(i) Diverse mesic or
(ii) Elevations between 127 and 1,563 m (418 and 5,128 ft).
Kauai 5—
(i) Steep exposed cliffs or ridge slopes in coastal or lowland mesic forest and containing one or more of the following associated plant species:
(ii) Elevations between 11 and 938 m (37 and 3,077 ft).
Kauai 11—
(i) Gentle or steep slopes on well drained soil in semi-open or closed, diverse montane mesic forest dominated by
(ii) Elevations between 545 and 1,277 m (1,786 and 4,189 ft).
Kauai 10—
(i)
(ii) Elevations between 564 and 1,094 m (1,849 and 3,587 ft).
Kauai 10—
(i) Stream banks and forested slopes in rich brown soil and silty clay in
(ii) Elevations between 207 and 1,344 m (680 and 4,409 ft).
Kauai 11—
(i) Moderate shade to full sun on the sides of steep gulches in diverse lowland mesic forests and containing one or more of the following native species:
(ii) Elevations between 438 and 948 m (1,438 and 3,108 ft).
Kauai 7—
(i) Cliffs, ridges, stream banks, or slopes in mesic to wet mixed communities and containing one or more of the following associated native plant species:
(ii) Elevations between 127 and 1,090 m (418 and 3,574 ft).
Kauai 13—
(i) Precipitous, shrub-covered gulches in diverse lowland forest and containing one or more of the following associated native plant species:
(ii) Elevations between 44 and 409 m (145 and 1,340 ft).
Kauai 11—
(i) Steep, north or northeast-facing slopes in
(ii) Elevations between 560 and 1,249 m (1,836 and 4,097 ft).
Kauai 11—
(i) Steep, north or northeast-facing slopes or cliffs in transitional wet or
(ii) Elevations between 336 and 1,345 m (1,102 and 4,411 ft).
Kauai 11—
(i) Coastal dry cliffs or very dry ridges containing one or more of the following associated native plant species:
(ii) Elevations between 12 and 685 m (40 and 2,246 ft).
Kauai 6—
(i) Rocky ledges with little soil or steep sea cliffs in lowland dry grasslands or shrublands with annual rainfall that is usually less than 170 cm (65 in) and containing one or more of the following native plant species:
(ii) Elevations between 0 and 748 m (0 and 2,453 ft).
Kauai 4—
(i) Pockets of soil on sheer wet rock cliffs and waterfalls in lowland wet forests and containing one or more of the following native plant species:
(ii) Elevations between 182 and 1,212 m (597 and 3,976 ft).
Kauai 4—
(i) Gulches or slopes in lowland wet or mesic
(ii) Elevations between 297 and 1,345 m (975 and 4,411 ft).
Kauai 4—
(i) Narrow drainages and wet stream banks in lowland wet forest or shrubland and containing one or more of the following native plant species: various grammitid and filmy ferns (Grammitidaceae and Hymenophyllaceae),
(ii) Elevations between 219 and 1,089 m (719 and 3,571 ft).
Kauai 10—
(i) Narrow drainages and wet stream banks in
(ii) Elevations between 375 and 1,046 m (1,231 and 3,430 ft).
Kauai 7—
(i) Well-drained soils with medium or fine-textured subsoil in Diospyros diverse lowland mesic forests or diverse
(ii) Elevations between 167 and 895 m (547 and 2,935 ft).
Kauai 11—
(i) Steep slopes near streams in
(ii) Elevations between 823 and 1,307 m (2,701 and 4,286 ft).
Kauai 11—
(i) Dry or open
(ii) Elevations between 139 and 1,006 m (456 and 3,299 ft).
Kauai 11—
(i) Exposed mesic mixed shrubland or coastal dry cliffs and containing one or more of the following associated native plant species:
(ii) Elevations between 36 and 888 m (117 and 2,911 ft).
Kauai 11—
(i) Steep riparian clay or silty soil banks in montane wet forests dominated by
(ii) Elevations between 828 and 1,344 m (2,715 and 4,408 ft).
Kauai 11—
(i) Steep slopes in
(ii) Elevations between 754 and 1,224 m (2,474 and 4,016 ft).
Kauai 11—
(i) Crevices of near-vertical basalt coastal cliff faces in sparse dry coastal cliff shrub vegetation and containing one or more of the following associated native plant species:
(ii) Elevations between 11 and 538 m (35 and 1,765 ft).
Kauai 11—
(i) Ridges and steep cliffs in closed
(ii) Elevations between 664 and 1,361 m (2,178 and 4,464 ft).
Kauai 11—
(i) Steep slopes in diverse mesic to wet
(ii) Elevations between 117 and 1,290 m (385 and 4,232 ft).
Kauai 11—
(i) Cliffs or cliff bases in mesic or wet habitats in lowland or montane shrubland or forest communities dominated by
(ii) Elevations between 423 and 1,259 m (1,386 and 4,131 ft).
Kauai 7—
(i) Cliffs in lowland diverse mesic forest dominated by
(ii) Elevations between 127 and 702 m (418 and 2,303 ft).
Kauai 9—
(i) Bare rock outcrops or sparsely vegetated portions of rocky cliff faces or cliff bases in diverse lowland dry to mesic forests and containing one or more of the following native plant species:
(ii) Elevations between 21 and 90 m (69 and 294 ft).
Kauai 11—
(i) Bare rock outcrops or sparsely vegetated portions of rocky cliff faces or cliff bases in diverse lowland dry to mesic forests and containing one or more of the following associated plant species:
(ii) Elevations between 145 and 829 m (474 and 2,718 ft).
Kauai 11—
(i) Steep slopes in closed
(ii) Elevations between 376 and 1,251 m (1,135 and 4,102 ft).
Kauai 10—
(i) Dry, mesic, or wet
(ii) Elevations between 566 and 1,127 m (1,858 and 3,695 ft).
Kauai 11—
(i) Wet sites (mud flats, wet clay soil, or wet cliff seeps) on seepy flats or talus slopes and containing the native plant species
(ii) Elevations between 0 and 235 m (0 and 771 ft).
Kauai 11—
(i) Open sites in
(ii) Elevations between 605 and 1,065 m (1,983 and 3,493 ft).
Kauai 11—
(i) Steep slopes of gulches in mesic
(ii) Elevations between 556 and 1,249 m (1,825 and 4,097 ft).
Kauai 11—
(i) Lowland mixed mesic or dry
(ii) Elevations between 284 and 1,179 m (931 and 3,866 ft).
Kauai 11—
(i) Dry or mesic forests containing one or more of the following native plant species:
(ii) Elevations between 210 and 1,178 m (689 and 3,865 ft).
Kauai 8—
(i) Sandy beaches, dunes, or pond margins in coastal dry shrublands or mixed coastal dry cliffs, and containing one or more of the following associated native plant species:
(ii) Elevations between 0 and 130 m (0 and 427 ft).
Kauai 11—
(i) Diverse
(ii) Elevations between 941 and 1,284 m (3,086 and 4,212 ft).
Kauai 11—
(i) Volcanic or clay soils or on cliffs in arid coastal areas and containing one or more of the following native plant species:
(ii) Elevations between 0 and 147 m (0 and 483 ft).
Kauai 4—
(i) Talus rubble on steep slopes or cliffs with water seeps running below, near streams or waterfalls in lowland or montane wet forest or shrubland dominated by
(ii) Elevations between 157 and 1,407 m (514 and 4,614 ft).
Kauai 4—
(i) Stream banks in lowland wet forests containing one or more of the following native plant species:
(ii) Elevations between 208 and 1,591 m (681 and 5,217 ft).
Kauai 11—
(i)
(ii) Elevations between 401 and 1,059 m (1,315 and 3,475 ft).
Kauai 11—
(i)
(ii) Elevations between 655 and 1,224 m (2,149 and 4,016 ft).
Kauai 4—
(i)
(ii) Elevations between 400 and 1,284 m (1,311 and 4,212 ft).
Kauai 11—
(i) Rock faces of nearly vertical, north-facing cliffs in diverse lowland or montane mesic forest and containing one or more of the following associated native plant species:
(ii) Elevations between 335 and 1,290 (1,100 and 4,232 ft).
Kauai 4—
(i) Streambanks in
(ii) Elevations between 182 and 1,148 m (597 and 3,737 ft).
Kauai 10—
(i) Streambanks in lowland wet forests dominated by
(ii) Elevations between 458 and 1,006 m (1,502 and 3,301 ft).
Kauai 11—
(i) Basalt talus or cliff walls in
(ii) Elevations between 219 and 1,197 m (717 and 3,926 ft).
Kauai 4—
(i) Slopes in
(ii) Elevations between 121 and 765 m (396 and 2,509 ft).
Kauai 11—
(i)
(ii) Elevations between 174 and 1,155 m (570 and 3,787 ft).
Kauai 11—
(i) Diverse mesic forest containing one or more of the following associated native plant species:
(ii) Elevations between 300 and 1,049 m (984 and 3,441 ft).
Kauai 7—
(i) Diverse mesic or wet lowland or montane
(ii) Elevations between 129 and 1,345 m (424 and 4,411 ft).
Kauai 11—
(i) Montane
(ii) Elevations between 861 and 1,453 m (2,825 and 4,766 ft).
Kauai 10—
(i) Windswept areas near waterfalls in
(ii) Elevations between 434 and 1,563 m (1,424 and 5,128 ft).
Kauai 1—
(i) Coastal shrubland near the ocean among rocks and seepy cliffs and containing one or more of the following associated native plant species:
(ii) Elevations between 0 and 159 m (0 and 523 ft).
Kauai 14—
(i) Sand dunes in coastal shrubland and containing one or more of the following associated native plant species:
(ii) Elevations between 0 and 29 m (0 and 95 ft).
Kauai 11—
(i) Cliffs or rock faces in lowland or montane mesic
(ii) Elevations between 327 and 1,222 m (1,072 and 4,009 ft).
Kauai 11—
(i) Wet, shaded, gentle to steep slopes, ridges, and rock ledges of stream banks in semi-open to closed, wet, diverse
(ii) Elevations between 473 and 1,270 m (1,553 and 4,165 ft).
Kauai 11—
(i) Shady banks on steep slopes in mesic
(ii) Elevations between 480 and 1,296 m (1,573 and 4,251 ft).
Kauai 10—
(i) Mossy banks at the base of cliff faces within the spray zone of waterfalls or along streams in lowland wet forests and containing one or more of the following associated native plant species:
(ii) Elevations between 454 and 1,308 m (1,490 and 4,290 ft).
Kauai 11—
(i) Rocky ledges, cliff faces, and ridge tops in dry shrubland or
(ii) Elevations between 375 and 1,179 m (1,231 and 3,867 ft).
Kauai 11—
(i) Streambeds or steep cliffs close to water sources in relict
(ii) Elevations between 120 and 553 m (392 and 1,814 ft).
Kauai 11—
(i) Crevices of north-facing, near-vertical coastal cliff faces within the spray zone in sparse dry coastal shrubland and containing one or more of the following native plant species:
(ii) Elevations between 0 and 187 m (0 and 613 ft).
Kauai 7—
(i) Moist talus slopes in
(ii) Elevations between 125 and 1,249 m (410 and 4,097 ft).
Kauai 11—
(i) Forested flats with brown granular soil in lowland dry to montane mesic forests and containing one or more of the following associated native plant species:
(ii) Elevations between 346 and 1,065 m (1,135 and 3,492 ft).
Kauai 11—
(i) Steep rock faces in lowland to montane mesic to wet forests or shrubland and containing one or more of the following associated native plant species:
(ii) Elevations between 418 and 1,081 m (1,371 and 3,546 ft).
Kauai 11—
(i) Lowland dry or mesic forests dominated by
(ii) Elevations between 332 and 1,151 m (1,089 and 3,774 ft).
Kauai 10—
(i) Wet places bordering swamps or open bogs or on open or dry ridges in lowland or montane mesic
(ii) Elevations between 416 and 1,453 m (1,364 and 4,766 ft).
Kauai 11—
(i) Dry slopes or gulches in
(ii) Elevations between 343 and 954 m (1,126 and 3,129 ft).
Kauai 11—
(i) Rich soil on steep slopes in mesic or wet forest dominated by
(ii) Elevations between 581 and 1,290 m (1,906 and 4,232 ft).
Kauai 11—
(i) Under forest canopies in diverse lowland or montane
(ii) Elevations between 540 and 1,290 m (1,770 and 4,232 ft).
Kauai 11—
(i) Diverse mesic forest dominated by
(ii) Elevations between 397 and 1,164 m (1,303 and 3,817 ft).
Kauai 7—
(i) Steep slopes, gulches, or streambanks and flats in undisturbed areas, in mesic or wet
(ii) Elevations between 127 and 1,295 m (418 and 4,246 ft).
Kauai 10—
(i) Stream drainage banks or adjacent valley bottoms in light to moderate shade in
(ii) Elevations between 522 and 1,006 m (1,712 and 3,301 ft).
Kauai 10—
(i)
(ii) Elevations between 394 and 1,006 (1,291 and 3,301 ft).
(2)
Kauai 11—
(i) Brown granular soil with leaf litter and occasional terrestrial moss on north-facing slopes in deep shade on steep slopes or gulch bottoms in
(ii) Elevations between 655 and 1,224 m (2,149 and 4,016 ft).
Kauai 11—
(i) Bare granular soil with dry to mesophytic leaf litter with a pH of 6.9 to 7.9 on steep talus slopes in lowland mesic forests and containing one or more of the following native plant species:
(ii) Elevations between 445 and 1,028 m (1,461 and 3,371 ft).
Kauai 11—
(i) Brown soil with basalt outcrops near waterfalls in lowland or montane mesic
(ii) Elevations between 624 and 1,234 m (2,048 and 4,048 ft).
Kauai 11—
(i) Rock faces in gulches in the understory of
(ii) Elevations between 538 and 1,069 m (1,765 and 3,507 ft).
Kauai 4—
(i) On
(ii) Elevations between 169 and 1,345 m (553 and 4,411 ft).
Kauai 10—
(i) Tree trunks, usually on open ridges and slopes in
(ii) Elevations between 615 and 1,591 m (2,016 and 5,217 ft).
Securities and Exchange Commission.
Final rule.
The Securities and Exchange Commission (“Commission” “SEC” or “we”) is adopting new Regulation Analyst Certification (“Regulation AC”). Regulation AC requires that brokers, dealers, and certain persons associated with a broker or dealer include in research reports certifications by the research analyst that the views expressed in the report accurately reflect his or her personal views, and disclose whether or not the analyst received compensation or other payments in connection with his or her specific recommendations or views. Broker-dealers would also be required to obtain periodic certifications by research analysts in connection with the analyst's public appearances. By requiring these certifications and disclosures, Regulation AC should promote the integrity of research reports and investor confidence in those reports.
April 14, 2003.
James Brigagliano, Thomas Eidt, or Racquel Russell in the Office of Risk Management and Control, Division of Market Regulation, at (202) 942-0772.
We are adopting new Regulation Analyst Certification
During 1999, the Commission and Congress began to closely examine research analysts' conflicts of interest. We were particularly concerned that many investors who rely on analysts' recommendations may not know, among other things, that favorable research coverage could be used to market the investment banking services provided by an analyst's firm, and that an analyst's compensation may be based significantly on generating investment banking business. Moreover, news reports stated that some analysts had issued reports that did not reflect their true beliefs and communicated to institutional investors views that differed materially from those expressed in their research reports.
On May 10, 2002, we approved rule changes filed by the NYSE and NASD governing analyst conflicts of interest.
On July 30, 2002, President Bush signed into law the Sarbanes-Oxley Act of 2002 (“SOA”).
The Commission received twenty-one comment letters in response to the Proposing Release,
As adopted, Regulation Analyst Certification requires that brokers, dealers, and their associated persons that are “covered persons”
(A) A statement by the research analyst (or analysts) certifying that the views expressed in the research report accurately reflect such research analyst's personal views about the subject securities and issuers; and
(B) A statement by the research analyst (or analysts) certifying either:
(1) That no part of his or her compensation was, is, or will be directly or indirectly related to the specific recommendations or views contained in the research report; or
(2) That part or all of his or her compensation was, is, or will be directly or indirectly related to the specific recommendations or views contained in the research report. If the analyst's compensation was, is, or will be directly or indirectly related to the specific recommendations or views contained in the research report, the statement must include the source, amount, and purpose of such compensation, and further disclose that it may influence the recommendation in the research report.
All certifications must be clear and prominent.
Research reports generally contain an analyst's summary rating of the security based on his or her particular firm's rating system, as well as an analysis. The summary rating or recommendation is often one word (
A rating is designed to be a severable summary statement of the analysis in the report. In situations where the analysis significantly qualifies or conditions the stated rating, a communication by the firm or the analyst of only the rating to an investor as representing the analyst's views about the security could be misleading.
Under Regulation AC, broker-dealers must make and keep records related to public appearances by research analysts. Specifically, if a broker-dealer publishes, circulates, or provides a research report prepared by a research analyst employed by the broker-dealer or a covered person, the broker-dealer is required to make a record within thirty days after each calendar quarter in which the research analyst made any public appearance, that includes:
• A statement by the research analyst attesting that the views expressed by the research analyst in all public appearances during the calendar quarter accurately reflected the research analyst's personal views at that time about any and all of the subject securities or issuers; and
• A written statement by the research analyst certifying that no part of such research analyst's compensation was, is, or will be directly or indirectly related to any specific recommendations or views expressed in any such public appearance.
In cases where the broker-dealer does not obtain a statement by the research analyst in connection with public appearances as described above, the broker-dealer must promptly notify its examining authority, designated pursuant to section 17(d) of the Exchange Act and Rule 17d-2 thereunder, that the analyst did not provide certification in connection with public appearances. In addition, for 120 days following such notification, the broker-dealer must disclose in any research report it distributes authored by that analyst that the analyst did not provide certification specified in Rule 502(a) of Regulation AC. Further, broker-dealers must keep and maintain these records pursuant to Rule 17a-4.
In the Proposing Release, the Commission sought comment on specific aspects of the proposed regulation, as well as general comments. We received twenty-one comment letters in response to the release. Many commenters expressed support for Regulation AC, although a number also expressed concerns regarding one or more aspects of the proposal, and some suggested alternatives for addressing particular issues. We are adopting Regulation AC with modifications from the proposal that clarify or limit provisions or reflect commenters' views.
We requested comment on whether the proposed definitions of “research report,” “research analyst,” or “public appearance” should be broader or narrower than proposed. Eleven commenters discussed the scope of the definitions proposed in Regulation AC and noted differences in certain respects compared to definitions contained in the self-regulatory organization (“SRO”) rules and the SOA.
Commenters noted that Regulation AC defines “research analyst” more broadly than do the current SRO analyst rules and the SOA. Specifically, the Regulation AC definition as proposed covers “any natural person,” rather than only “associated persons of a member” (in the case of the SRO rules) or “associated persons of a registered broker or dealer” (in the case of the SOA). Commenters argued that Regulation AC applies to any person, including employees of investment advisers, foreign entities, or any other third party that prepares a research report that is circulated by a broker-dealer or associated persons.
In this regard, Regulation AC is designed to be broader than the SRO rules and the SOA in that it applies to brokers, dealers, and certain associated persons,
In response to comments, we have added the definition of “covered person” to narrow the scope of persons to which Regulation AC applies. Covered person means persons associated with a broker or dealer,
We believe that it is unnecessary to apply Regulation AC to research published, circulated, or provided by associated persons who have a sufficient level of independence from the broker or dealer with which they are associated. Associated persons who meet the independence criteria in this definition should have a sufficient level of independence so that pressures from the broker-dealer with which they are associated should not compromise their research. In order to avoid the possibility that an associated person might incorrectly believe that the broker-dealer had policies and procedures to prevent influencing the research of the associated person and, therefore, fail to certify when certification was required, we have added a provision to Regulation AC (Rule 504) that requires a broker or dealer to notify its associated persons that issue research reports as to whether the broker or dealer maintains and enforces such written policies and procedures and whether the associated person has any officers (or persons performing similar functions) or employees in common with the broker or dealer who can influence the activities of research analysts or the content of research reports and, if so, the identity of those persons.
We have also excluded from the rule investment advisers that are prohibited under section 203A of the Investment Advisers Act of 1940
We also make clear that no provision of the regulation shall apply to the publisher of any newspaper, news magazine, or business or financial publication of general and regular circulation that is not registered or required to be registered with the Commission as a broker or dealer or investment adviser. Regulation AC was never intended to govern media coverage of issuers.
The Commission requested comment on whether the definition of “research report” should be broader or narrower than proposed. Commenters discussed several aspects of the proposed definition, including whether it should cover debt securities, whether it should include electronic communications, and guidance concerning what will and will not be considered a research report.
We specifically requested comment on whether the proposed definition of “research report” should be limited to cover only equity securities. Five commenters discussed the application of Regulation AC to fixed income and all supported the application to debt to some extent.
The Commission has determined that applying the requirements of Regulation AC to debt securities as well as equity securities would benefit investors because it would provide to debt investors the same benefits as equity
Commenters noted that, unlike the SRO rules, the proposed definition of “research report” in Regulation AC did not explicitly include “electronic communications,” and requested that the Commission clarify that the regulation would apply to research reports transmitted electronically.
The Commission believes that electronic communications were included under proposed Regulation AC's definition of “research report.” However, in response to commenters' concerns, the Commission has modified the proposed definition of “research report” to explicitly include written communications in electronic form.
The Commission has deleted the “recommendation” element from Regulation AC's proposed definition of “research report” to conform to the definition in the SOA. Therefore, “research report” is defined as “a written communication (including an electronic communication) that includes an analysis of a security or an issuer and provides information reasonably sufficient upon which to base an investment decision.”
Commenters requested that the Commission provide guidance concerning what types of communications the rule is not intended to cover.
It is not possible to provide a complete list of all types of communications that would or would not fall within the definition of “research report.” Whether a particular communication constitutes a research report for the purposes of Regulation AC will turn on the individual facts and circumstances surrounding that communication. In general, however, the following communications would not be research reports if they do not include an analysis of, or recommend or rate, individual securities or companies:
• Reports discussing broad-based indices, such as the Russell 2000 or S&P 500 index.
• Reports commenting on economic, political, or market conditions.
• Reports commenting on or analyzing particular types of debt securities or characteristics of debt securities.
• Technical analysis concerning the demand and supply for a sector, index, or industry based on trading volume and price.
• Reports that recommend increasing or decreasing holdings in particular industries or sectors or types of securities.
The following communications would generally not be research reports even if they recommend or rate individual securities or companies:
• Statistical summaries of multiple companies' financial data (including listings of current ratings) that do not include any analysis of individual companies' data.
• An analysis prepared for a specific person or a limited group of fewer than fifteen persons.
• Periodic reports or other communications prepared for investment company shareholders or discretionary investment account clients discussing past performance or the basis for previously made discretionary investment decisions.
• Internal communications that are not given to customers.
In response to commenters” concerns, we have added a definition of “third party research analyst” in order to refine the scope of Regulation AC. A “third party research analyst” is, with respect to a particular broker or dealer, any research analyst not employed by that broker or dealer or any associated person of that broker or dealer. With respect to a covered person, a “third party research analyst” is any research analyst not employed by that covered person, by the broker or dealer with whom that covered person is associated, or by any other associated person of the broker or dealer with whom that covered person is associated. We believe that research prepared by third party research analysts will not be susceptible to pressures from broker-dealers who distribute their research provided that the analyst's employer meets certain independence criteria.
Commenters requested clarification on identifying the research analyst that would be required to make the certifications. Commenters argued that multiple certifications would likely be confusing or have other undesirable effects.
Regulation AC requires that the analyst or analysts primarily responsible for the preparation of the content of a research report comply with the certification requirements. Thus, certification by junior analysts involved in the preparation of a research report is not necessary.
Commenters argued that research based on quantitative and technical models may not be attributed to a particular analyst, may not reflect an analyst's views, and therefore, requested that the Commission provide guidance that these types of research would not be covered.
The Commission has determined that, in cases where there is no identified analyst because the report is based on the firm's quantitative or technical model, the firm itself may provide the certifications that the views expressed in the research report accurately reflect the firm's quantitative research model, and that no part of the firm's compensation was, is, or will be, directly or indirectly, related to the specific recommendations or views disclosed in the research report.
However, tying an analyst's compensation to the performance of a quantitative or technical model would indicate that the report is the product of the analyst's subjective views (reflected by the design of the model employed). In that case, that analyst must certify the report containing the model's results in accordance with Rule 501 of Regulation AC.
We requested comment on what, if any, disclosures should be required during public appearances by analysts. The four commenters that addressed this issue generally were opposed to requiring certifications during analyst public appearances.
The Commission believes that the proposed quarterly certification requirements in connection with analyst public appearances are sufficient. If the analyst does not provide a certification in connection with public appearances, Rule 502 of Regulation AC requires the broker-dealer to provide readers of research reports that it distributes, as well as the broker-dealer's designated examining authority, with notice that the analyst did not provide the certifications.
The Commission requested comment on whether Regulation AC should make allowances for compendium research reports covering six or more securities. Commenters that discussed the treatment of certifications in compendium research reports believed that Regulation AC should permit the required disclosures to appear in a place other than the report itself.
The Commission has determined not to permit treatment of compendium research reports in a manner similar to that permitted by the SROs because, unlike the SRO rules, the certifications required by Regulation AC are very concise. Nonetheless, when a research report covers more than one company and each research analyst required to certify with respect to the views expressed in a portion of the report is able to certify that: (a) the views expressed in the research report accurately reflect such research analyst's personal views about the subject securities and companies; and (b) that no part of his or her compensation was, is, or will be directly or indirectly related to the specific recommendation or views contained in the research report, the firm may comply with Regulation AC by including one clear and prominent combined certification that, as to each company covered, the respective research analyst (or analysts) certifies as to (a) and (b) above.
Regulation AC is directed at brokers, dealers, and covered persons, because we believe that these entities are subject to the greatest conflicts. Therefore, investment advisers and banks, among others, may be required to comply with the regulation if they are covered persons of a broker-dealer. The Commission noted in the Proposing Release that the term “research analyst” would not include personnel of an investment adviser, such as a mutual fund portfolio manager, who are not principally responsible for preparing research reports, even if the individuals are registered persons of a broker-dealer (similar to the guidance provided by the SROs in the joint interpretive memorandum).
Commenters who addressed the application of Regulation AC to investment advisers generally opposed the rule's coverage of investment advisers and investment advisory personnel.
The Commission has determined that Regulation AC should not exclude all investment advisers or banks that are associated with broker-dealers. However, as discussed above, the definition of “covered person” substantially narrows the scope of persons associated with a broker-dealer, such as investment advisers and banks, that are subject to Regulation AC. Where the broker-dealer has informational and structural separations from its associated person, the rule does not apply to that associated person. Where the protections are lacking, however, with respect to a person associated with a broker-dealer, that person is a covered person.
In Proposing Regulation AC, we did not propose to treat research prepared by third parties but distributed by a broker-dealer differently from research produced by the broker-dealer itself. Commenters argued that broker-dealers should not be responsible for certifying research by independent third parties. Moreover, they pointed out practical problems, including the difficulty of tracking analysts employed by third parties.
We have determined not to apply Regulation AC where a broker-dealer distributes research prepared by a third party research analyst whose employer satisfies certain independence criteria. The independence criteria require that the third party research analyst's employer does not have officers or employees in common with the broker-dealer or covered person distributing its research, and that the broker-dealer has written policies and procedures designed to prevent the broker-dealer, its controlling persons, officers, and employees from influencing the activities of the third party research analyst and the content of his or her research reports. We believe that research analysts employed by these independent third parties will not be sufficiently susceptible to pressures from distributing broker-dealers to warrant certification. Where a broker-dealer distributes the research of a third party that does not meet the independence criteria, however, the broker-dealer must confirm that the research report includes the same research analyst certification as required by Regulation AC.
Commenters argued that it would be difficult to track analysts employed by third parties, some of whom are overseas, in order to monitor their public appearances and obtain written statements from them. In response to commenters' concerns, we have determined that broker-dealers who distribute third party research are not required to obtain the public appearance certifications required by Rule 502 of Regulation AC with respect to public appearances by third party research analysts.
In proposing Regulation Analyst Certification, the Commission did not distinguish between research that was issued by a U.S. entity and research that was issued by a non-U.S. entity. Several commenters raised the issue of the Regulation's effect on research originating from a foreign entity. These commenters generally opposed the proposed scope of Regulation AC, which captured foreign entities (and their associated persons) that issue research reports, including those who are not required to be registered with the Commission under section 15 of the Exchange Act.
In light of these comments, we have created a narrow exception for foreign persons that are located outside of the United States and are not associated with a registered broker-dealer that prepares and provides research on foreign securities
In addition, in the case of a research analyst employed outside the United States by a foreign person located outside the United States, Rule 502 of Regulation AC only applies to public appearances while the research analyst is physically present in the United States.
Commenters requested that the Commission clarify that the certification pertaining to the analyst's personal views is not intended to prevent research supervisors or review committees from seeking changes to the research product.
The certification required by Rule 501 of Regulation AC does not impede the oversight or review of research reports. If, at the end of the revision process, the analyst still believes that the report accurately reflects his or her personal views about the subject securities or issuers, then that analyst may certify and the firm may use the research report. If, however, after the review process the research report no longer reflects the analyst's personal views, then that analyst would be unable to certify and the firm would not be in compliance with Regulation AC if it uses the research report without a certification.
Several commenters requested that the Commission reiterate the position stated in the Proposing Release that Regulation AC does not impose new liability on analysts or their firms.
Regulation AC does not alter any other existing obligation under the federal securities laws for research analysts or broker-dealers.
Commenters expressed concern that Regulation AC could be read to require disclosure of analyst compensation arrangements based on the accuracy or performance of the views expressed as to the subject company's prospects.
In the Proposing Release, the Commission noted that Regulation AC does not preclude an analyst from providing otherwise permissible services to his or her firm's investment banking department, and it does not prohibit analysts generally from receiving compensation for covering issuers or for preparing research reports. Instead, Regulation AC focuses on disclosure where the analyst compensation that is related to the specific recommendations or views expressed by the research analyst in the research report. Regulation AC is not intended to address compensation based on the performance of the views expressed regarding the securities discussed.
Regulation AC contains “collection of information” requirements within the meaning of the Paperwork Reduction Act of 1995 (“PRA”).
In the Proposing Release, the Commission solicited comments on the collection of information requirements. In response to comments, the Commission has revised the estimates published in the Proposing Release regarding the collection of information burdens associated with the new rule.
Regulation AC generally requires that research reports published, circulated, or provided by a broker or dealer or covered person contain a statement attesting that the views expressed in each research report accurately reflect the analyst's personal views and whether or not the research analyst received or will receive any compensation in connection with the views or recommendations expressed in the research report. Regulation AC also requires broker-dealers to, on a quarterly basis, make, keep, and maintain records of research analyst statements regarding whether the views expressed in public appearances accurately reflected the analyst's personal views, and whether any part of the analyst's compensation is related to the specific recommendations or views expressed in the public appearance.
Regulation AC provides that brokers, dealers, and covered persons must include in research reports they publish, circulate, or provide certain certifications and disclosures about the analyst's views expressed in the research reports and any relationship between the analyst's compensation and the specific recommendations or views expressed. The regulation also requires broker-dealers to periodically make, keep, and maintain records of research analyst certifications and disclosures in connection with public appearances.
The staff of the Commission believes that the average amount of time it would take to include the required certifications and disclosures in each research report is one minute per report. In the Proposing Release, the Commission staff estimated that broker-dealers publish approximately 657,000 research reports per year. One commenter provided the Commission with data in response to the Proposing Release.
The Commission staff expects that research analysts will likely be the employees primarily charged with executing certifications and including them in research reports. According to industry sources, research analysts, on average, earn $189,250 per year, for an hourly pay rate of approximately $90. Including 35% overhead, Commission staff estimates that the hourly pay rate for a research analyst would be approximately $121.50. Therefore, the Commission estimates that the total annual burden in dollars for broker-dealers to comply with the research report certification and disclosure requirements is approximately $2,785,995.00
Rule 501 of Regulation AC, which applies to research reports, may also impose requirements on certain entities if they are associated with a broker-dealer and meet the definition of “covered person.” However, “covered persons” are not subject to Rule 502 of Regulation AC, which addresses pubic appearances. The Commission estimates that approximately 2,650 SEC registered investment advisers are associated with a broker-dealer. We believe that not all of these entities write research reports, and that those who do write research reports write relatively few. Of those investment advisers that are associated with a broker-dealer and that write research reports, we do not believe that all of them will meet the definition of a “covered person,” as defined by
The staff of the Commission believes that the research analyst will prepare the quarterly statement required for public appearances. The staff estimates that the average amount of time it would take a research analyst to prepare the quarterly statements regarding public appearances as required by the regulation is ten minutes per analyst. The staff of the Commission believes that, on average, approximately 519 public appearances by research analysts occur per quarter,
In cases where the broker or dealer does not obtain a statement by the research analyst in connection with public appearances as described above, the broker-dealer must promptly notify its examining authority, designated pursuant to section 17(d) of the Exchange Act and Rule 17d-2 thereunder, that the analyst did not provide certification in connection with public appearances. In addition, for 120 days following such notification, the broker-dealer must disclose in any research report it distributes authored by that analyst that the analyst did not provide certification specified in Rule 502(a) of Regulation AC. Further, broker-dealers must keep and maintain these records pursuant to Rule 17a-4(b)(4). Broker-dealers are also expected to have records that document the process they followed in producing each research analyst certification. The staff of the Commission believes that there will be few, if any, instances where a broker-dealer will provide notification to their examining authority, as analysts and their firms will have strong incentives to avoid having to make the type of disclosures required to be provided to their examining authority. Therefore, the total annual burden, in dollars, of complying with the public appearance certification requirements would be approximately $42,039 (346 hours × $121.50).
The regulation requires that the records of statements regarding public appearances be preserved in accordance with Exchange Act Rule 17a-4(b)(4). Exchange Act Rule 17a-4(b)(4) requires that any communication relating to a broker-dealer's business, including inter-office communications, must be kept for at least three years. In light of the existing record preservation requirement for brokers and dealers under Exchange Act Rule 17a-4(b)(4),
Rule 500 of Regulation AC includes a definition of “covered person,” which limits the scope of the regulation's application. Rule 504 of Regulation AC requires a broker-dealer to notify its associated persons that issue research reports as to whether associated persons would meet the definition of “covered persons” under Regulation AC, and, therefore, be subject to the rule. Specifically, the broker-dealer must inform its associated persons whether the broker or dealer maintains and enforces written policies and procedures reasonably designed to prevent the broker or dealer or any of its controlling persons, officers, or employees from influencing the activities of research analysts and the content of research reports prepared by associated persons. Broker-dealers must also inform its associated persons whether associated persons have any officers or employees in common with the broker or dealer who can influence the activities of research analysts or the content of research reports and, if so, the identity of those persons.
The staff has not obtained data on the amount of time it would take for broker-dealers to make the necessary determinations and to draft and provide the notification required under Rule 504 of Regulation AC. For PRA purposes, the below calculations represent the staff's estimates of the amount of time that would be required for broker-dealers to comply with Rule 504. The staff estimates that there are approximately 2,650 investment advisers that are associated with at least one broker-dealer. The staff estimates that it would take approximately one hour per year for each of the approximately 2,650 broker-dealers to determine whether it maintains and enforces written policies and procedures reasonably designed to prevent the broker or dealer or any of its controlling persons, officers, or employees from influencing the activities of research analysts and the content of research reports prepared by associated persons. The staff estimates that it would take approximately thirty minutes per year for each broker-dealer to determine whether its associated persons have any officers or employees in common with the broker or dealer who can influence the activities of research analysts or the content of research reports and, if so, the identity of those persons.
The staff estimates that it would take fifteen minutes per year for each broker-dealer to draft and provide the required notification to its associated persons. The Commission staff expects that a compliance officer will likely be the employee primarily charged with making the necessary determinations, and drafting and providing the required notification. According to industry sources, in 2002, compliance officers,
Therefore, the Commission estimates that the regulation would result in a total annual burden in hours of approximately 38,954 hours (22,930 hours for broker-dealers to comply with the research report requirements + 11,040 hours for investment advisers to comply with the research report requirements + 346 hours for broker-dealers to comply with the public appearance requirements + 4,638 hours for broker-dealers to comply with the notification requirements), for a total annual cost in dollars of approximately $4,682,821 ($2,785,995 for broker-dealers to comply with the research report requirements + $1,341,360 for investment advisers to comply with research the report requirements + $42,039 for broker-dealers to comply with the public appearance requirements + $513,427 for broker-dealers to comply with the notification requirements).
To assist the Commission in evaluating the costs and benefits that may result from adopting Regulation AC, the Commission sought comment on any potential costs, as well as any potential benefits, resulting from the proposal for investors, issuers, broker-dealers, other securities industry professionals, SROs, or others. The Commission also requested that commenters provide analysis and data to support their views. Regulation AC is part of an ongoing process by the Commission to address conflicts of interest affecting the production and dissemination of research by securities firms, and to provide increased disclosure to investors. Regulation AC includes a requirement that broker-dealers and covered persons include in research reports they publish certain certifications and disclosures about the analyst's views expressed in the research reports and any relationship between the analyst's compensation and the specific recommendations or views expressed. Regulation AC would also require broker-dealers to make, keep, and maintain records of research analyst certifications and disclosures in connection with public appearances. We are sensitive to the costs and benefits that result from our rules. The Commission initially identified certain costs and benefits relating to the proposals and encouraged commenters to discuss any additional costs or benefits. We discuss these costs and benefits below.
The Commission received letters from twenty-one commenters concerning Regulation AC. Only one commenter provided actual data to quantify the costs identified. This commenter believed that the estimates set forth in the proposing release were low primarily because the estimated number of research reports per year did not capture, among other things, reports by investment advisers and certain full-text reports.
The Commission also requested comment on how many public appearance certifications would likely be submitted to brokerage firms per quarter, and how many of those statements would be required to be provided to the firm's examining authority. One commenter believed that the estimate of the number of public appearances was too low, but did not provide specific data in support of its views.
While Regulation AC may lead to some additional costs for brokers, dealers, and covered persons, we continue to believe that any costs should not be significant. In light of current requirements for broker-dealers under SRO rules, the Commission estimates that, beyond the paperwork costs described above, any additional costs to broker-dealers that would result from the required certifications and disclosures would be minimal. In the Proposing Release, the staff estimated that broker-dealers publish approximately 657,000 research reports per year. One commenter provided information that suggests that broker-dealers publish as many as 1,375,865 research reports per year.
Moreover, with respect to the compensation certifications and disclosures that are required by Regulation AC, broker-dealers are already required to make certain disclosures regarding research analyst compensation under SRO rules. For example, SRO rules currently require that firms disclose in research reports if the associated person preparing the report received compensation that is based upon (among other factors) the member's overall investment banking revenues.
In response to commenters' concerns, we modified the proposed rule text to include a definition of “covered person,” which limits the scope of the regulation's application. Rule 504 of Regulation AC requires broker-dealers to notify its associated persons that issue research reports as to whether the broker-dealer maintains and enforces written policies and procedures reasonably designed to prevent the broker or dealer or any of its controlling
With respect to public appearances, current SRO rules require analysts to make certain disclosures during public appearances, such as the member's or the analyst's ownership interests in the subject company. SRO rules also require analysts to disclose any other actual, material conflict of interest of which the research analyst knows, or has reason to know, at the time of the public appearance.
Broker-dealers should already have in place procedures necessary to comply with many components of Regulation AC due to existing obligations under SRO rules, although these procedures might require some minor modifications to conform with Regulation AC. As noted previously, the Commission estimates that the annual paperwork costs in dollars of complying with the regulation would be approximately $4,682,821.
We believe that investor confidence in the integrity of research has suffered because there is evidence that, in some cases, research analyst objectivity has been compromised due to, among other things, analysts' personal compensation and firms' investment banking relationships with issuers that are the subjects of research reports. Requiring research analysts to certify that the views expressed in research reports reflect their personal views, and requiring disclosure of information regarding whether analyst compensation is related to the specific recommendations made, should help bolster investor confidence in the quality of research. This, in turn, should help increase investor confidence in the securities markets.
The Commission requested comment on whether the certification and disclosure requirements, if adopted, would promote investor confidence in the views expressed by research analysts and provide investors with useful information with which to evaluate potential biases. Ten commenters expressed support for Regulation AC. Generally, these commenters were of the view that Regulation AC would promote the integrity of research and investor confidence.
Regulation AC requires that broker-dealers and covered persons include certifications in research reports regarding the truthfulness of the views expressed in research reports and whether or not the analyst received compensation in connection with his or her specific recommendations or views. Many investors rely on the research reports and recommendations provided by their brokers and covered persons. To the extent that the Regulation AC requires disclosures that provide more transparency than provided by current regulation, these disclosures should provide investors with important information with which to determine the value of the research available to them.
Regulation AC may result in an increase in the overall quality of the research available to the public because broker-dealers and covered persons would be in violation of Regulation AC when issuing research reports unless the reports include the required certifications and disclosures. The requirement that the research analyst (or analysts) primarily responsible for preparing the research report personally certify that the views expressed in the report accurately reflect his or her personal views creates an incentive for analysts to examine, even more carefully, the basis and foundations for his or her recommendations in preparing research reports.
Regulation AC may also result in an increase in the quality of research because of competitive reasons. Firms that publish research reports that do not contain certain analyst certifications will be in violation of the regulation, and firms whose research analysts' compensation is related to the specific recommendations or views provided in research reports (to the extent allowed by SRO rules) may lose some business to firms that are less conflicted. Regulation AC is intended to enhance investor confidence in the integrity of the research available to them. We believe that by requiring research analysts to certify as to the truthfulness of the views expressed in research reports, investor confidence in the securities markets should be enhanced, thereby leading to the benefit of more liquid and efficient markets. The Commission does not have data to quantify the value of the benefits described above. The Commission requested, but did not receive, comment on how it may quantify these benefits. The Commission also requested, but did not receive, comment concerning any benefits, not already identified, that may result from the adoption of Regulation AC.
Pursuant to section 605(b) of the Regulatory Flexibility Act,
The Commission solicited comments on the potential impact of Regulation AC on small entities in the Proposal. No comments were received that discussed the Regulatory Flexibility Act Certification. However, in response to other comments, the Commission has revised its estimates and believes that the total burden in hours required to comply with proposed Regulation AC would be approximately 5.78 hours per year, per small firm, as compared to the original estimate of two hours and two minutes per year, per small firm.
Section 3(f) of the Exchange Act
In the Proposing Release, the Commission solicited comment on the proposal's effect on competition, efficiency, and capital formation. Three commenters believed that Regulation AC would impose an inappropriate burden on competition.
Regulation AC is intended to enhance investor confidence in the integrity of the research available to them. Further, we have modified the rule from the proposal and have limited the scope of its application. We believe that requiring broker-dealers and covered persons to include analyst certifications in research reports, as well as the other disclosures required by Regulation AC, should enhance investor confidence in the securities markets, thereby leading to a more efficient market.
The Commission has considered Regulation AC in light of the standards in section 23(a)(2) and believes that it would not impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Exchange Act. As discussed above in the Cost-Benefit section, the Commission recognizes that Regulation AC may lead to some additional costs for broker-dealers and covered persons. On balance, we think that the application of Regulation AC is tailored to those situations where the conflicts are most likely to affect research. As such, we do not believe that the rule would create an unreasonable burden on competition. Further, we believe that providing the benefits that will result from the rule in those conflict-laden situations will further the purposes of the rule, including enhancing investor confidence in the market, thereby leading to a more efficient market.
Regulation AC is being adopted pursuant to sections 3, 15, 17, and 23 of the Exchange Act and pursuant to sections 17 and 19 of the Securities Act.
Brokers, Securities.
15 U.S.C. 77g, 77q(a), 77s(a), 78b, 78c, 78g(c)(2), 78i(a), 78j, 78k-1(c), 78
For purposes of Regulation AC (§§ 242.500 through 242.505 of this chapter) the term:
(1) An associated person:
(i) If the associated person has no officers (or persons performing similar functions) or employees in common with the broker or dealer who can influence the activities of research analysts or the content of research reports; and
(ii) If the broker or dealer maintains and enforces written policies and procedures reasonably designed to prevent the broker or dealer, any controlling persons, officers (or persons performing similar functions), and employees of the broker or dealer from influencing the activities of research analysts and the content of research reports prepared by the associated person.
(2) An associated person who is an investment adviser:
(i) Not registered with the Commission as an investment adviser because of the prohibition of section 203A of the Investment Advisers Act of 1940 (15 U.S.C. 80b-3a); and
(ii) Not registered or required to be registered with the Commission as a broker or dealer.
An associated person of a broker or dealer who is not a covered person continues to be subject to the federal securities laws, including the anti-fraud provisions of the federal securities laws.
(1) With respect to a broker or dealer, any research analyst not employed by that broker or dealer or any associated person of that broker or dealer; and
(2) With respect to a covered person of a broker or dealer, any research analyst not employed by that covered person, by the broker or dealer with whom that covered person is associated,
(a) A broker or dealer or covered person that publishes, circulates, or provides a research report prepared by a research analyst to a U.S. person in the United States shall include in that research report a clear and prominent certification by the research analyst containing the following:
(1) A statement attesting that all of the views expressed in the research report accurately reflect the research analyst's personal views about any and all of the subject securities or issuers; and
(2)(i) A statement attesting that no part of the research analyst's compensation was, is, or will be, directly or indirectly, related to the specific recommendations or views expressed by the research analyst in the research report; or
(ii) A statement:
(A) Attesting that part or all of the research analyst's compensation was, is, or will be, directly or indirectly, related to the specific recommendations or views expressed by the research analyst in the research report;
(B) Identifying the source, amount, and purpose of such compensation; and
(C) Further disclosing that the compensation could influence the recommendations or views expressed in the research report.
(b) A broker or dealer or covered person that publishes, circulates, or provides a research report prepared by a third party research analyst to a U.S. person in the United States shall be exempt from the requirements of this section with respect to such research report if the following conditions are satisfied:
(1) The employer of the third party research analyst has no officers (or persons performing similar functions) or employees in common with the broker or dealer or covered person; and
(2) The broker or dealer (or, with respect to a covered person, the broker or dealer with whom the covered person is associated) maintains and enforces written policies and procedures reasonably designed to prevent the broker or dealer, any controlling persons, officers (or persons performing similar functions), and employees of the broker or dealer from influencing the activities of the third party research analyst and the content of research reports prepared by the third party research analyst.
(a) If a broker or dealer publishes, circulates, or provides a research report prepared by a research analyst employed by the broker or dealer or covered person to a U.S. person in the United States, the broker or dealer must make a record within 30 days after any calendar quarter in which the research analyst made a public appearance that contains the following:
(1) A statement by the research analyst attesting that the views expressed by the research analyst in all public appearances during the calendar quarter accurately reflected the research analyst's personal views at that time about any and all of the subject securities or issuers; and
(2) A statement by the research analyst attesting that no part of the research analyst's compensation was, is, or will be, directly or indirectly, related to the specific recommendations or views expressed by the research analyst in such public appearances.
(b) If the broker or dealer does not obtain a statement by the research analyst in accordance with paragraph (a) of this section:
(1) The broker or dealer shall promptly notify in writing its examining authority, designated pursuant to section 17(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78q(d)) and § 240.17d-2 of this chapter, that the research analyst did not provide the certifications specified in paragraph (a) of this section; and
(2) For 120 days following notification pursuant to paragraph (b)(1) of this section, the broker or dealer shall disclose in any research report prepared by the research analyst and published, circulated, or provided to a U.S. person in the United States that the research analyst did not provide the certifications specified in paragraph (a) of this section.
(c) In the case of a research analyst who is employed outside the United States by a foreign person located outside the United States, this section shall only apply to a public appearance while the research analyst is physically present in the United States.
(d) A broker or dealer shall preserve the records specified in paragraphs (a) and (b) of this section in accordance with § 240.17a-4 of this chapter and for a period of not less than 3 years, the first 2 years in an accessible place.
A foreign person, located outside the United States and not associated with a registered broker or dealer, who prepares a research report concerning a foreign security and provides it to a U.S. person in the United States in accordance with the provisions of § 240.15a-6(a)(2) of this chapter shall be exempt from the requirements of this regulation.
A broker or dealer shall notify any person with whom that broker or dealer is associated who publishes, circulates, or provides research reports:
(a) Whether the broker or dealer maintains and enforces written policies and procedures reasonably designed to prevent the broker or dealer, any controlling persons, officers (or persons performing similar functions), or employees of the broker or dealer from influencing the activities of research analysts and the content of research reports prepared by the associated person; and
(b) Whether the associated person has any officers (or persons performing similar functions) or employees in common with the broker or dealer who can influence the activities of research analysts or the content of research reports and, if so, the identity of those persons.
No provision of this Regulation AC shall apply to any person who:
(a) Is the publisher of any bona fide newspaper, news magazine or business or financial publication of general and regular circulation; and
(b) Is not registered or required to be registered with the Commission as a broker or dealer or investment adviser.
By the Commission.
Federal Aviation Administration (FAA), DOT.
Final rule.
On April 4, 2000, the FAA published two final rules regarding commercial air tour operations over Grand Canyon National Park (GCNP). The first rule, Commercial Air Tour Limitation in Grand Canyon National Park Special Flight Rules Area, limited the number of commercial air tour operations that may be flown in the GCNP Special Flight Rules Area (SFRA) on an annual basis. This rule became effective on May 4, 2000. The second rule, Modification of the Dimensions of the Grand Canyon National Park Special Flight Rules Area and Flight Free Zones, modified the airspace in the SFRA to accommodate a new route system for commercial air tour operations and to expand the amount of overall airspace protected by flight free zones. This rule initially was scheduled to become effective December 1, 2000. After several delays, the new routes and airspace were adopted for the west end of the GCNP SFRA on April 19, 2001. The routes and airspace on the east end of the GCNP SFRA have been delayed several times since the adoption of the final rule. In December 2001, the FAA delayed the east end routes and airspace until February 20, 2003. This rule stays 14 CFR 93.305 (a) and (b) of the Airspace Modification Final Rule for the east end of the GCNP until February 20, 2006.
Effective February 20, 2003, 14 CFR 93.305 (a) and (b) are stayed until February 20, 2006. This rule was originally published at 61 FR 69330 on December 31, 1996, and amended April 4, 2000 (65 FR 17736).
You may view a copy of this final rule, Modification of the Dimensions of the Grand Canyon National Park Special Flight Rules Area and Flight Free Zones, through the Internet at:
As an alternative, you may search the
You may also request a paper copy of this final rule from the Office of Rulemaking, Federal Aviation Administration, 800 Independence Ave., SW., Washington, DC 20591, or by calling (202) 267-9680.
Kent Stephens, Flight Standards Service, (AFS-200) Federal Aviation Administration, Seventh and Maryland Streets, SW., Washington, DC 20591; Telephone: (202) 267-7493.
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996 requires FAA to comply with small entity requests for information or advice about compliance with statutes and regulations within its jurisdiction. Therefore, any small entity that has a question regarding this document may contact their local FAA official, or the person listed under
On April 4, 2000, the Federal Aviation Administration published two final rules, the Modification of the Dimensions of the Grand Canyon National Park Special Flight Rules Area and Flight Free Zones (Airspace Modification), and the Commercial Air Tour Limitation in the Grand Canyon National Park Special Flight Rules Area (Commercial Air Tour Limitation).
Following the publication of the final rules, the United States Air Tour Association and seven air tour operators petitioned the United States Court of Appeals for the District of Columbia to review the rules.
During the comment period for the second Notice of Availability, additional safety concerns were raised regarding the proposed revisions to the east end routes. Consequently, the FAA decided to implement the modifications to the route structure of the GCNP SFRA in two phases. First, on April 19, 2001, the FAA implemented the routes and airspace in the west-end (defined as all areas of the SFRA west of the Dragon corridor) of the GCNP SFRA that originally were published on April 4, 2000. Also, on April 19, 2001, the SFRA boundary in the eastern part of the GCNP SFRA over the Navajo Nation lands was extended five miles to the east. Second, the route structure on the east-end (Dragon Corridor and all airspace east of that Corridor) in the GCNP SFRA was stayed until December 1, 2001, to enable the FAA and NPS to determine what changes should be made in the east end of GCNP. In December 2001, the east end route structure was again stayed until February 20, 2003. (66 FR 63293, December 5, 2001). Accordingly, the routes now flown remain almost exactly as that shown under Special Federal Aviation Regulation (SFAR) 50-2, with only slight modification to certain entry and exit points.
In a case decided on August 16, 2002, (
Once the FAA obtains guidance from the NPS concerning the appropriate way to measure noise in the park and determines how to address non-air tour aircraft noise, the FAA and NPS will conduct the necessary environmental analysis and review process. FAA and NPS may initiate supplemental rulemaking to consider further modifications to the east-end routes and the west-end routes to achieve substantial restoration of natural quiet in the GCNP. The GCNP Noise Model Validation project has begun to yield data that suggests there may be a need to recalibrate the Integrated Noise Model (INM) for use in the GCNP. Recalibration of the INM would affect the determination of how much natural quiet has already been restored and the benefits of pursing the alternative of quiet technology and may warrant public notice and an opportunity for review and comment.
Following a recent congressional hearing on Grand Canyon overflights, the FAA and NPS are also considering a dispute resolution process to assist in developing measures to fulfill the mandate under the National Park Overflights Act. Because this process is not complete, and, based on prior experience, we believe it could take several years to resolve all of the issues and complete the necessary environmental review and any additional rulemaking process, it is necessary to stay 14 CFR 93.305 (a) and (b) as they apply to the east end of GCNP until February 20, 2006. The FAA and the NPS will work to resolve the issues remanded by the court together with the issues surrounding the routes.
The FAA notes that the changes to the routes and airspace in the west end of GCNP finalized in the April 2000 rule have been in effect since April 19, 2001. Those changes were implemented to further the goal of substantial restoration of natural quiet in GCNP.
The FAA finds that good cause exists under 5 U.S.C. 553(d) for this final rule to become a final rule upon issuance. The FAA notes that the stay only affects the east end of the GCNP SFRA; changes to the west end have been in effect since April 19, 2001.
In March 2001, the FAA completed a written reevaluation (WR) of the February 22, 2000 Final Supplemental Environmental Assessment (FSEA) for Special flight rules in the Vicinity of Grand Canyon National Park (GCNP). The WR examined the potential environmental impacts associated with a phased implementation of the Airspace rule and the Commercial Air Tour Route Modifications described in the February 2000 FSEA. This phased approach involved implementation of the agency's “preferred” alternative for airspace and air tour route structures as described in the February 2000 FSEA for the GCNP SFRA west of Dragon Corridor. Since no changes to the western portion of the GCNP SFRA as described in the FSEA occurred, the impact evaluation for the “preferred” alternative contained in the FSEA remained valid for the stage-one airspace and routes implementation at the west-end of the GCNP SFRA. The WR also analyzed the planned implementation of the stage-one airspace, routes, and route modifications on the east-end and determined that they were not significant changes from the plans analyzed under the “no action” alternative in the February 2000 FSEA. Therefore, the FAA determined that the proposed route revisions to the SFAR 50-2 route structure conformed to the “no action” alternative analyzed in the FSEA. The FAA determined that the data and analyses contained in the February 2000 FSEA were still substantially valid and all pertinent conditions and requirements of the prior approval have or would be met in the April 2001 action.
While the stay of the east-end route and airspace structure lessens the percentage of the GCNP substantially restored to natural quiet, it is only a temporary delay. In addition, given that the majority of the revised routes and airspace for GCNP were implemented during phase one, the phased implementation process resulted in a gain of substantial restoration of natural quiet for GCNP as described in the February 2000 FSEA.
Therefore for the above reasons and pursuant to FAA Order 1050.1D, Paragraph 92, the FAA determined that the contents of the Final Supplemental Environmental Assessment and its conclusions issued on February 22, 2000 were still valid. Additionally, the FAA found that the previous Section 106 Determination of No Adverse Effect to Traditional Cultural Properties identified by Native Americans issued for the FSEA was also still valid. Copies of the written reevaluation were placed in the public docket for the April 2001 rulemaking, were circulated to interested parties, and were available for inspection at the same time and location as the April 2001 final rule. The findings of the March 2001 WR remain valid for this final rule staying the provisions of 14 CFR 93.305 (a) and (b).
The economic analysis completed for the final rule published April 4, 2000 evaluates the east-end and the west-end operations separately since these are distinct markets. This action does not affect the April 19, 2001 implementation of the west-end airspace structure, and the economic analysis from the April 4, 2000 final rule remains valid. At this time the FAA is staying the implementation of the east-end routes. The FAA does not consider that this rulemaking effort imposes any costs on the public since it merely stays the provisions for the east end of GCNP. Commercial air tour operators will continue to use established air tour routes. Benefits from reduced aircraft noise in the east end of GCNP, however, will be delayed. This rulemaking is not a final action. If the agency takes a final action that is different than that published on April 4, 2000, then it may be necessary to complete a revised economic evaluation.
The Regulatory Flexibility Act (RFA) of 1980 establishes “as a principle of regulatory issuance that agencies shall endeavor, consistent with the objective of the rule and of applicable statutes, to fit regulatory and informational requirements to the scale of the business, organization, and government jurisdictions subject to regulation.” To achieve that principle, the RFA requires agencies to solicit and consider flexible regulatory proposals and to explain the rationale for their actions. The RFA covers a wide range of small entities, including small businesses, not-for-profit organizations and small governmental jurisdictions.
Agencies must perform a review to determine whether a proposed or final
This final rule will have only a
The Trade Agreement Act (TAA) of 1979 prohibits Federal agencies from engaging in any standards or related activities that create unnecessary obstacles to the foreign commerce of the United States. Legitimate domestic objectives, such as safety, are not considered unnecessary obstacles. The TAA also requires consideration of international standards and where appropriate, that they be the basis for U.S. standards. In addition, consistent with the Administration's belief in the general superiority and desirability of free trade, it is the policy of the Administration to remove or diminish to the extent feasible, barriers to international trade, including both barriers affecting the export of American goods and services to foreign countries and barriers affecting the import of foreign goods and services into the United States. In accordance with the above Act and policy, the FAA has assessed the potential effect of this final rule and has determined that it will have only a domestic impact and therefore no effect on any trade-sensitive activity.
This amendment 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. Therefore, in accordance with Executive Order 12612, it is determined that this amendment would not have sufficient Federalism implications to warrant the preparation of a Federalism Assessment.
Title II of the Unfunded Mandates Reform Act of 1995 (the Act), enacted as Pub. L. 104-4 on March 22, 1995, requires each Federal agency, to the extent permitted by law, to prepare a written assessment of the effects of any Federal mandate in a proposed or final agency rule that may result in the expenditure of $100 million or more (when adjusted annually for inflation) in any one year by State, local, and tribal governments in the aggregate, or by the private sector. Section 204(a) of the Act, 2 U.S.C. 1534(a), requires the Federal agency to develop an effective process to permit timely input by elected officers (or their designees) of State, local, and tribal governments on a proposed “significant intergovernmental mandate.” A “significant intergovernmental mandate” under the Act is any provision in a Federal agency regulation that would impose an enforceable duty upon State, local, and tribal governments in the aggregate of $100 million (adjusted annually for inflation) in any one year. Section 203 of the Act, 2 U.S.C. 1533, which supplements section 204(a), provides that, before establishing any regulatory requirements that might significantly or uniquely affect small governments, the agency shall have developed a plan, which, among other things, must provide for notice to potentially affected small governments, if any, and for a meaningful and timely opportunity for these small governments to provide input in the development of regulatory proposals. The FAA has determined that this rule will not impose any unfunded mandates.
Air traffic control, Airports, Navigation (Air).
49 U.S.C. 106(g), 40103, 40113, 40120, 44101, 44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306, 46315, 46316, 46502, 46504, 46506-46507, 47122, 47508, 47528-47531.
Office of Surface Mining Reclamation and Enforcement, Interior.
Final rule.
We are revising our regulations governing the processing of State and tribal grant applications to build public facilities using Abandoned Mine Land (AML) Reclamation Funds. The existing regulations require us to publish a
March 31, 2003.
Danny Lytton, Office of Surface Mining Reclamation and Enforcement, U.S. Department of the Interior, 1951 Constitution Avenue, NW., MS-121-SIB, Washington DC 20240; Telephone: 202-208-2788; E-mail:
On June 19, 2002, we published in the
The current regulations at 30 CFR 875.15(f) require that the Director publish a
The current regulatory scheme for 30 CFR part 875 provides for a level of public notice that, in most cases, makes the additional
Irrespective of the outcome of the Director's § 875.15(e) public notice determination, § 875.15(f) next requires that the Director prepare a
Accordingly, we are making the
There are several other practical reasons to reject the current rule's § 875.15(f) requirement of a
Our polling of the 6 States and Indian tribes brought to light additional reasons not to retain the current rule's
Another reason given by some of the States and Indian tribes for opposing the continuance of the § 875.15(f) required
In light of the above, we are removing the requirement in § 875.15(f) that the Director always publish a
In addition to the above, we are also revising our regulations at §§ 875.15(d) and (e) to correct errors in four existing cross-references. In § 875.15(d), we are changing the cross references from paragraphs (a), (d), and (e) to paragraphs (b), (e), and (f), respectively. In § 875.15(e), we are changing the cross reference from paragraph (c) to paragraph (d). These revisions to the cross references will not result in any substantive changes in the application of our regulations.
Finally, we have rewritten § 875.15(f) in plain language format by incorporating numbered paragraphs to make the section more reader friendly. No substantive changes resulted from using the plain language format.
Comments were requested on the proposed rule and a total of two comments were received. They were from the State of Wyoming's Abandoned Mine Land Program and the Interstate Mining Compact Commission. Both commenters supported the proposed revisions. No one requested a public hearing and none was held.
Following publication of this final rule, we will evaluate the State and Indian programs approved under section 405 of SMCRA to determine any changes in those programs that may be necessary. When we determine that a particular State program provision should be amended, the particular State will be notified in accordance with the provisions of 30 CFR 884.15. We have made a preliminary determination that no program revisions will be required.
This document is not a significant rule and is not subject to review by the Office of Management and Budget under Executive Order 12866.
a. This rule will not have an effect of $100 million or more on the economy. It will not adversely affect in a material way the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or Tribal governments or communities. The elimination of the mandatory requirement to publish a
b. This rule will not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency.
c. This rule does not alter the budgetary effects of entitlements, grants, user fees, or loan programs or the rights or obligations of their recipients.
d. This rule does not raise novel legal or policy issues.
The Department of the Interior certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601
This rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. This rule:
a. Does not have an annual effect on the economy of $100 million or more.
b. Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions.
c. Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to
This rule 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, Tribal, or local governments or the private sector. A statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1534) is not required.
In accordance with Executive Order 12630, the rule does not have significant takings implications.
In accordance with Executive Order 12612, the rule does not have significant Federalism implications to warrant the preparation of a Federalism Assessment for the reasons discussed above.
In accordance with Executive Order 12988, the Office of the Solicitor has determined that this rule does not unduly burden the judicial system and meets the requirements of sections 3(a) and 3(b)(2) of the Order.
In accordance with Executive Order 13175, we have evaluated the potential effects of this rule on Federally recognized Indian tribes and have determined that the rule does not have substantial direct effects 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. As previously stated, 2 tribes will be affected by the rule, the Hopi Tribe and Navajo Nation. The rule will most likely shorten the processing time for most grant applications received from the Hopi and Navajo by eliminating the mandatory requirement to publish a
This rule is not considered a “significant energy action” under Executive Order 13211. The elimination of the mandatory requirement to publish a
This rule does not require an information collection from 10 or more parties and a submission under the Paperwork Reduction Act to the Office of Management and Budget is not required.
We have reviewed this rule and determined that it is categorically excluded from the National Environmental Policy Act process in accordance with the Departmental Manual 516 DM 2, Appendix 1.10.
Grant program—natural resources, Indian lands, Reclamation, Surface mining, Underground mining.
30 U.S.C. 1201
(f) After review of the information contained in the application, the Director will, if necessary to ensure adequate public notification, prepare a
(1) Evaluate any comments received;
(2) Determine whether the funding meets the requirements of this part;
(3) Determine whether the funding is in the best interest of the State or Indian tribe AML program;
(4) If the determinations under paragraphs (f)(2) and (f)(3) of this section are positive, approve the request for funding the activity or construction; and
(5) Approve funding under paragraph (f)(4) of this section only at a cost commensurate with its benefits towards achieving the purposes of the Surface Mining Control and Reclamation Act of 1977.