3–31–05 Thursday Vol. 70 No. 61 Mar. 31, 2005
Pages 16383–16690
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i II Federal Register / Vol. 70, No. 61 / Thursday, March 31, 2005
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Contents Federal Register Vol. 70, No. 61
Thursday, March 31, 2005
Agricultural Marketing Service See National Oceanic and Atmospheric Administration RULES NOTICES Nectarines and peaches grown in— Committees; establishment, renewal, termination, etc.: California, 16383–16392 Strengthening America’s Communities Advisory Committee, 16482–16483 Agriculture Department Meetings: See Agricultural Marketing Service Strengthening America’s Communities Advisory See Animal and Plant Health Inspection Service Committee, 16483–16484 See Commodity Credit Corporation See Farm Service Agency Commodity Credit Corporation See Food and Nutrition Service RULES See Natural Resources Conservation Service Loan and purchase programs: Livestock Assistance Program; terms and conditions, Alcohol and Tobacco Tax and Trade Bureau 16392–16397 PROPOSED RULES NOTICES Alcohol; viticultural area designations: Agency information collection activities; proposals, Calistoga, Napa County, CA, 16451–16455 submissions, and approvals, 16476–16477 Dos Rios, Mendocino County, CA, 16455–16459 Grants and cooperative agreements; availability, etc.: Ramona Valley, San Diego County, CA, 16459–16463 Tree Assistance, Forest Timber, and Pecan Tree NOTICES programs, 16477–16480 Agency information collection activities; proposals, submissions, and approvals, 16548–16549 Customs and Border Protection Bureau NOTICES Alcohol, Tobacco, Firearms, and Explosives Bureau Automation program test: NOTICES Remote Location Filing Prototype Two; merchandise Agency information collection activities; proposals, eligibility requirements, 16510–16511 submissions, and approvals, 16525 Harmonized Tariff Schedule of United States: Baseball-style caps with ornamental braid; classification, Animal and Plant Health Inspection Service 16511–16512 PROPOSED RULES Tariff-rate quotas: Plant-related quarantine, foreign: Tuna fish, 16512 Fruits and vegetables importation; list, 16431–16445 Defense Department Centers for Disease Control and Prevention NOTICES NOTICES Meetings: Committees; establishment, renewal, termination, etc.: National Security Education Board, 16485 Scientific Counselors Board, 16504 U.S. Strategic Command Strategic Advisory Group, Grant and cooperative agreement awards: 16485–16486 Antimalarial Drug Resistance and Prevention of Malaria During Pregnancy, 16505 Education Department Meetings: NOTICES Disease, Disability, and Injury Prevention and Control Grants and cooperative agreements; availability, etc.: Special Emphasis Panel, 16505 Innovation and improvement— Excellence in Economic Education Program, 16486 Coast Guard Special education and rehabilitative services— RULES Rehabilitation Continuing Education Programs, 16486– Ports and waterways safety: 16492 Cape Fear River, Eagle Island, NC; security zone, 16411– 16413 Employment and Training Administration Mission Creek Waterway, China Basin, San Francisco NOTICES Bay, CA; safety zone, 16413–16416 Agency information collection activities; proposals, PROPOSED RULES submissions, and approvals, 16525–16527 Ports and waterways safety: Fifth Coast Guard District; safety zone, 16463–16469 Energy Department NOTICES See Federal Energy Regulatory Commission Reports and guidance documents; availability, etc.: Upper Chesapeake Bay, including Chesapeake and Environmental Protection Agency Delaware Canal, MD; waterways analysis and RULES management systems studies, 16509–16510 Air quality implementation plans; approval and promulgation; various States: Commerce Department Nebraska, 16426–16430 See International Trade Administration Pennsylvania, 16416–16426
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PROPOSED RULES Columbia Gas Transmission Corp., 16494 Air quality implementation plans; approval and Eastern Desert Power LLC, 16494 promulgation; various States: FPL Energy Cowboy Wind, LLC, 16494–16495 Missouri, 16472–16474 Northern Maine Independent System Administrator, Inc., Nebraska, 16471–16472 16495 Pennsylvania, 16469–16471 PJM Interconnection, L.L.C., 16495–16496 Saltville Gas Storage Co. L.L.C., 16496 Executive Office for Immigration Review Zilkha Renewable Energy, LLC, et al., 16496 RULES Background and security investigations in proceedings Fish and Wildlife Service before immigration judges and Immigration Appeals PROPOSED RULES Board, 16398 Endangered and threatened species: Farm Service Agency Critical habitat designations— Southwestern willow flycatcher, 16474–16475 NOTICES NOTICES Agency information collection activities; proposals, Agency information collection activities; proposals, submissions, and approvals, 16476, 16480–16481 submissions, and approvals, 16512–16513 Grants and cooperative agreements; availability, etc.: Tree Assistance, Forest Timber, and Pecan Tree Food and Drug Administration programs, 16477–16480 NOTICES Federal Aviation Administration Meetings: RULES Cardiovascular and Renal Drugs Advisory Committee, Airworthiness directives: 16506 Boeing, 16403–16406 Science Board, 16506 General Electric Co., 16401–16403 Reports and guidance documents; availability, etc.: Rolls-Royce Ltd., 16406–16407 Pediatric studies; medical and clinical pharmacology Class E airspace, 16408–16409 review summaries, 16506–16507 Class E airspace; correction, 16551 Prescription Drug User Fee Act products; good review PROPOSED RULES management principles and practices, 16507–16508 Airworthiness directives: Boeing, 16445–16447, 16449–16451 Food and Nutrition Service Empresa Brasileira de Aeronautica S.A. (EMBRAER), NOTICES 16447–16449 Agency information collection activities; proposals, NOTICES submissions, and approvals, 16481–16482 Schools and certificated agencies: Flight Instructor Refresher Clinic approvals; policy Foreign Claims Settlement Commission change, 16547–16548 NOTICES Meetings; Sunshine Act, 16525 Federal Deposit Insurance Corporation RULES Health and Human Services Department Nonmember insured banks; securities disclosure, 16398– See Centers for Disease Control and Prevention 16400 See Food and Drug Administration See Health Resources and Services Administration Federal Election Commission NOTICES Health Resources and Services Administration Meetings; Sunshine Act, 16504 NOTICES Agency information collection activities; proposals, Federal Energy Regulatory Commission submissions, and approvals, 16508 NOTICES Complaints filed: Homeland Security Department Marathon Oil Co., 16496–16497 See Coast Guard Environmental statements; availability, etc.: See Customs and Border Protection Bureau Duke Energy Corp., 16497 NOTICES Southern California Edison Co. et al., 16497–16498 Meetings: Environmental statements; notice of intent: National Infrastructure Advisory Council, 16508–16509 Northern Border Pipeline Co., 16498–16499 Hydroelectric applications, 16499–16502 Housing and Urban Development Department Meetings: NOTICES Promoting regional transmission planning and expansion Grants and cooperative agreements; availability, etc.: to facilitate fuel diversity including expanded uses of Hope VI Revitalization of Severely Distressed Public coal-fired resources; technical conference, 16502 Housing Program, 16553–16690 Transmission independence and investment; technical conference, 16502–16503 Indian Affairs Bureau Off-the-record communications, 16503–16504 NOTICES Applications, hearings, determinations, etc.: Reports and guidance documents; availability, etc.: CenterPoint Energy Gas Transmission Co., 16493–16494 Indian tribes, Federal acknowledgment; petition CenterPoint Energy - Mississippi River Transmission management and processing procedures, 16513– Corp., 16492–16493 16516
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Interior Department Self-regulatory organizations; proposed rule changes: See Fish and Wildlife Service Boston Stock Exchange, Inc., 16530–16536 See Indian Affairs Bureau Chicago Board Options Exchange, Inc., 16536–16540 See Land Management Bureau Chicago Stock Exchange, Inc., 16540–16541 See Surface Mining Reclamation and Enforcement Office Social Security Administration Internal Revenue Service RULES NOTICES Social security benefits: Agency information collection activities; proposals, Federal old age, survivors, and disability insurance— submissions, and approvals, 16550 Nonpayment of benefits when insured person is Meetings: Taxpayer Advocacy Panels, 16550 deported or removed from United States, 16409– 16411 International Trade Administration NOTICES State Department Antidumping: NOTICES Freshwater crawfish tail meat from— Grants and cooperative agreements; availability, etc.: China, 16484–16485 Tibet Professional, Educational, and Cultural Exchange Program, 16541–16547 International Trade Commission Meetings: NOTICES International Communications and Information Policy Import investigations: Advisory Committee, 16547 Ammonium nitrate from— International Telecommunication Advisory Committee, Russia, 16517–16519 16547 Brass sheet and strip from— Various countries, 16519–16522 Polyester staple fiber from— Surface Mining Reclamation and Enforcement Office Korea and Taiwan, 16522–16524 NOTICES Agency information collection activities; proposals, Justice Department submissions, and approvals; correction, 16551 See Alcohol, Tobacco, Firearms, and Explosives Bureau See Foreign Claims Settlement Commission Surface Transportation Board NOTICES Labor Department Rail carriers: See Employment and Training Administration Control exemptions— Kansas City Southern Railway Co., 16548 Land Management Bureau NOTICES Environmental statements; record of decision: Transportation Department Imperial Sand Dunes Recreation Area; management plan, See Federal Aviation Administration 16516–16517 See Surface Transportation Board Meetings: Resource Advisory Councils— Treasury Department Northwest and Northeast California, 16517 See Alcohol and Tobacco Tax and Trade Bureau See Internal Revenue Service National Oceanic and Atmospheric Administration NOTICES NOTICES Agency information collection activities; proposals, Environmental statements; record of decision: submissions, and approvals, 16548 Northeastern United States fisheries— Atlantic herring; impacts on essential fish habitat; minimization, 16485 Separate Parts In This Issue Natural Resources Conservation Service NOTICES Part II Reports and guidance documents; availability, etc.: Housing and Urban Development Department, 16553–16690 Iowa State Technical Guide, 16482 Railroad Retirement Board Reader Aids NOTICES Agency information collection activities; proposals, Consult the Reader Aids section at the end of this issue for submissions, and approvals, 16527–16528 phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. Securities and Exchange Commission To subscribe to the Federal Register Table of Contents NOTICES LISTSERV electronic mailing list, go to http:// Investment Company Act of 1940: listserv.access.gpo.gov and select Online mailing list TS&W/Heitman/Claymore Equity Income Fund et al., archives, FEDREGTOC-L, Join or leave the list (or change 16528–16530 settings); then follow the instructions.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
7 CFR 916...... 16383 917...... 16383 1439...... 16392 Proposed Rules: 319...... 16431 8 CFR 1003...... 16398 1208...... 16398 12 CFR 335...... 16398 14 CFR 39 (3 documents) ...... 16401, 16403, 16406 71 (2 documents) ...... 16408, 16551 Proposed Rules: 39 (3 documents) ...... 16445, 16447, 16449 20 CFR 404...... 16409 27 CFR Proposed Rules: 9 (3 documents) ...... 16451, 16455, 16459 33 CFR 165 (2 documents) ...... 16411, 16413 Proposed Rules: 165...... 16463 40 CFR 52 (4 documents) ...... 16416, 16420, 16423, 16426 70...... 16426 Proposed Rules: 52 (5 documents) ...... 16469, 16470, 16471, 16472 70...... 16471 50 CFR Proposed Rules: 17...... 16474
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Rules and Regulations Federal Register Vol. 70, No. 61
Thursday, March 31, 2005
This section of the FEDERAL REGISTER [email protected] or http:// parties may file suit in court. Under contains regulatory documents having general www.regulations.gov. All comments section 608c(15)(A) of the Act, any applicability and legal effect, most of which should reference the docket number and handler subject to an order may file are keyed to and codified in the Code of the date and page number of this issue with USDA a petition stating that the Federal Regulations, which is published under of the Federal Register and will be order, any provision of the order, or any 50 titles pursuant to 44 U.S.C. 1510. made available for public inspection at obligation imposed in connection with The Code of Federal Regulations is sold by the Office of the Docket Clerk during the order is not in accordance with law the Superintendent of Documents. Prices of regular business hours, or can be viewed and request a modification of the order new books are listed in the first FEDERAL at: http://www.ams.usda.gov/fv/ or to be exempted therefrom. A handler REGISTER issue of each week. moab.html. is afforded the opportunity for a hearing FOR FURTHER INFORMATION CONTACT: on the petition. After the hearing, USDA Laurel May, Marketing Specialist, would rule on the petition. The Act DEPARTMENT OF AGRICULTURE California Marketing Field Office, provides that the district court of the United States in any district in which Agricultural Marketing Service Marketing Order Administration Branch, Fruit and Vegetable Programs, the handler is an inhabitant, or has his or her principal place of business, has 7 CFR Parts 916 and 917 AMS, USDA, 2202 Monterey Street, Suite 102B, Fresno, California, 93721; jurisdiction to review USDA’s ruling on [Docket No. FV05–916–1 IFR] telephone (559) 487–5901, Fax: (559) the petition, provided an action is filed 487–5906; or George Kelhart, Technical not later than 20 days after the date of Nectarines and Peaches Grown in Advisor, Marketing Order the entry of the ruling. California; Revision of Handling Administration Branch, Fruit and Under the orders, grade, size, Requirements for Fresh Nectarines Vegetable Programs, AMS, USDA, 1400 maturity, pack and container and Peaches Independence Avenue, SW., STOP requirements are established for fresh AGENCY: Agricultural Marketing Service, 0237, Washington, DC 20250–0237; shipments of California nectarines and USDA. telephone: (202) 720–2491; Fax: (202) peaches. Such requirements are in effect ACTION: Interim final rule with request 720–8938. on a continuing basis. The Nectarine for comments. Small businesses may request Administrative Committee (NAC) and information on complying with this the Peach Commodity Committee (PCC), SUMMARY: This rule revises the handling regulation by contacting Jay Guerber, which are responsible for local requirements for California nectarines Marketing Order Administration administration of the orders, met on and peaches by modifying the grade, Branch, Fruit and Vegetable Programs, December 7, 2004, and unanimously size, maturity, and pack requirements AMS, USDA, 1400 Independence recommended that these handling for fresh shipments of these fruits, Avenue, SW., STOP 0237, Washington, requirements be revised for the 2005 beginning with 2005 season shipments. DC 20250–0237; telephone: (202) 720– season, which begins about the first or This rule also authorizes continued 2491, Fax: (202) 720–8938, or e-mail: second week of April. The changes: (1) shipments of ‘‘CA Utility’’ quality [email protected]. Revise varietal maturity, quality, and nectarines and peaches, and revises SUPPLEMENTARY INFORMATION: This rule size requirements to better reflect weight-count standards for fruit in is issued under Marketing Agreement current industry practices; (2) authorize volume-filled containers. The marketing Nos. 124 and 85, and Marketing Order continued shipments of ‘‘CA Utility’’ orders regulate the handling of Nos. 916 and 917 (7 CFR parts 916 and quality fruit during the 2005 season; and nectarines and peaches grown in 917) regulating the handling of (3) adjust weight-count standards for California and are administered locally nectarines and peaches grown in fruit packed in volume-filled containers. by the Nectarine Administrative and California, respectively, hereinafter The committees meet prior to and Peach Commodity Committees referred to as the ‘‘orders.’’ The orders during each season to review the rules (committees). This rule will enable are effective under the Agricultural and regulations effective on a handlers to continue to ship fresh Marketing Agreement Act of 1937, as continuing basis for California nectarines and peaches in a manner that amended (7 U.S.C. 601–674), hereinafter nectarines and peaches under the meets consumer needs, increases referred to as the ‘‘Act.’’ orders. Committee meetings are open to returns to producers and handlers, and The Department of Agriculture the public and interested persons are reflects current industry practices. (USDA) is issuing this rule in encouraged to express their views at DATES: Effective April 1, 2005. conformance with Executive Order these meetings. The committees held Comments received by May 31, 2005, 12866. such meetings on December 7, 2004. will be considered prior to issuance of This rule has been reviewed under USDA reviews committee any final rule. Executive Order 12988, Civil Justice recommendations and information, as ADDRESSES: Interested persons are Reform. This rule is not intended to well as information from other sources, invited to submit written comments have retroactive effect. This rule will and determines whether modification, concerning this rule. Comments must be not preempt any State or local laws, suspension, or termination of the rules sent to the Docket Clerk, Fruit and regulations, or policies, unless they and regulations would tend to effectuate Vegetable Programs, AMS, USDA, 1400 present an irreconcilable conflict with the declared policy of the Act. Independence Avenue, SW., STOP this rule. No official crop estimate was 0237, Washington, DC 20250–0237; Fax: The Act provides that administrative available at the time of the committees’ (202) 720–8938, or e-mail: proceedings must be exhausted before meetings because the nectarine and
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peach trees were dormant. The results in better quality U.S. No. 1 packs the August Fire, Candy Gold, Prince Jim committees will recommend a crop without sacrificing fruit. I and Sugar Queen varieties to be estimate at their meetings in early The Tree Fruit Quality Subcommittee regulated at the L maturity guide. spring. However, preliminary estimates met on November 30, 2004, and The NAC recommended these indicate that the 2005 crop will be recommended unanimously to the NAC maturity guide requirements based on slightly larger than the 2004 crop, which and PCC to continue shipments of ‘‘CA SPI’s continuing review of individual totaled approximately 19,904,500 Utility’’ quality nectarines and peaches. maturity characteristics and containers of nectarines and 20,518,400 Subsequently, the NAC and PCC voted identification of the appropriate containers of peaches. unanimously at their December 7, 2004, maturity guide corresponding to the meetings to authorize continued ‘‘well-matured’’ level of maturity for Grade and Quality Requirements shipments of ‘‘CA Utility’’ quality fruit nectarine varieties in production. Sections 916.52 and 917.41 of the during the 2005 season. Peaches: Requirements for ‘‘well- orders authorize the establishment of Accordingly, based upon the matured’’ peaches are specified in grade and quality requirements for recommendations, paragraph (d) of § 917.459 of the order’s rules and nectarines and peaches, respectively. §§ 916.350 and 917.442, and paragraph regulations. This rule revises Table 1 of Prior to the 1996 season, § 916.356 (a)(1) of §§ 916.356 and 917.459 are paragraph (a)(1)(iv) of § 917.459 to add required nectarines to meet a modified revised to permit shipments of maturity guides for six peach varieties. U.S. No. 1 grade. Specifically, nectarines and peaches meeting ‘‘CA Specifically, SPI recommended adding nectarines were required to meet U.S. Utility’’ quality requirements during the maturity guides for the Island Princess No. 1 grade requirements, except for a 2005 season, on the same basis as variety to be regulated at the H maturity slightly tighter requirement for scarring shipments since the 2000 season. guide; the Bev’s Red variety to be and a more liberal allowance for regulated at the I maturity guide; and Maturity Requirements misshapen fruit. Prior to the 1996 the Prima Peach IV, Spring Gem, Sweet season, § 917.459 required peaches to In §§ 916.52 and 917.41, authority is Amber, and Zee Diamond varieties to be meet the requirements of a U.S. No. 1 also provided to establish maturity regulated at the J maturity guide. grade, except for a more liberal requirements for nectarines and The NAC also recommended adding allowance for open sutures that were peaches, respectively. The minimum the Burpeachtwo (Henry II ) variety to not ‘‘serious damage.’’ maturity level currently specified for the table for regulation at the J maturity This rule revises §§ 916.350, 916.356, nectarines and peaches is ‘‘mature’’ as guide, but that variety had already been 917.442, and 917.459 to permit defined in the standards. For most added to the table for regulation at the continued shipments of nectarines and varieties, ‘‘well-matured’’ J maturity guide in 2004 (7 July 2004, 69 peaches meeting ‘‘CA Utility’’ quality determinations for nectarines and FR 41120). Therefore, only six varieties requirements during the 2005 season. peaches are made using maturity guides are being added at this time. Table 1 of (‘‘CA Utility’’ fruit is lower in quality (e.g., color chips, along with other paragraph (a)(1)(iv) of § 917.459 will be than that meeting the modified U.S. No. maturity tests as applied by the revised to reflect these 1 grade requirements.) Shipments of inspection service). These maturity recommendations. nectarines and peaches meeting ‘‘CA guides are reviewed each year by the The NAC and PCC recommended Utility’’ quality requirements have been Shipping Point Inspection Service (SPI) these maturity guide requirements based permitted each season since 1996. to determine whether they need to be on SPI’s continuing review of individual Studies conducted by the NAC and changed, based upon the most-recent maturity characteristics and PCC in 1996 indicated that some information available on the individual identification of the appropriate consumers, retailers, and foreign characteristics of each nectarine and maturity guide corresponding to the importers found the lower-quality fruit peach variety. ‘‘well-matured’’ level of maturity for acceptable in some markets. When These maturity guides established nectarine and peach varieties in shipments of ‘‘CA Utility’’ nectarines under the handling regulations of the production. were first permitted in 1996, they California tree fruit marketing orders represented 1.1 percent of all nectarine have been codified in the Code of Size Requirements shipments, or approximately 210,000 Federal Regulations as Table 1 in Both orders provide authority (in containers. Shipments of ‘‘CA Utility’’ §§ 916.356 and 917.459, for nectarines §§ 916.52 and 917.41) to establish size nectarines reached a high of 6 percent and peaches, respectively. requirements. Size regulations (1,408,362 containers) during the 2003 The requirements in the 2005 encourage producers to leave fruit on season. handling regulations are the same as the tree longer, which improves both Shipments of ‘‘CA Utility’’ peaches those that appeared in the 2004 size and maturity of the fruit. totaled 1.9 percent of all peach handling regulations with a few Acceptable fruit size provides greater shipments, or approximately 366,000 exceptions. Those exceptions are consumer satisfaction and promotes containers, during the 1996 season. explained in this rule. repeat purchases, and, therefore, Shipments of ‘‘CA Utility’’ peaches Nectarines: Requirements for ‘‘well- increases returns to producers and reached a high of 5.6 percent of all matured’’ nectarines are specified in handlers. In addition, increased fruit peach shipments (1,231,000 containers) § 916.356 of the order’s rules and size results in increased numbers of during the 2002 season. regulations. This rule revises Table 1 of packed containers of nectarines and Handlers have commented that the paragraph (a)(1)(iv) of § 916.356 to add peaches per acre, also a benefit to availability of the ‘‘CA Utility’’ quality maturity guides for eleven varieties of producers and handlers. option lends flexibility to their packing nectarines. Specifically, SPI Varieties recommended for specific operations. They have noted that they recommended adding maturity guides size regulations have been reviewed and now have the opportunity to remove for the Crimson Baby variety to be such recommendations are based on the marginal nectarines and peaches from regulated at the G maturity guide; for specific characteristics of each variety. their U.S. No. 1 containers and place the Alta Red, Grand Candy, Kay Glo, The NAC and PCC conduct studies each this fruit in containers of ‘‘CA Utility.’’ Kay Sweet, Red Roy and Shay Sweet season on the range of sizes attained by This flexibility, the handlers note, varieties at the J maturity guide; and for the regulated varieties and those
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varieties with the potential to become For reasons similar to those discussed the Ivory Queen variety revealed that regulated, and determine whether in the preceding paragraph, the 100 percent of the containers met the revisions to the size requirements are introductory text of paragraph (a)(3) of minimum size of 80 during the 2002 appropriate. § 916.356 is revised to include the Red and 2003 seasons. The sizes ranged from Nectarines: Section 916.356 of the Jewel and Zee Fire varieties; the size 30 to size 80, with 0.3 percent of order’s rules and regulations specifies introductory text of paragraph (a)(4) of the containers meeting the size 30, 36.1 minimum size requirements for fresh § 916.356 is revised to include the percent meeting the size 40, 47.7 nectarines in paragraphs (a)(2) through Diamond Pearl and Kay Fire varieties; percent meeting the size 50, 13.1 (a)(9). This rule revises § 916.356 to and the introductory text of paragraph percent meeting the size 60, 2.2 percent establish variety-specific minimum size (a)(6) of § 916.356 is revised to include meeting the size 70 and 0.5 percent requirements for nine varieties of the Burnectfour (Summer Flare 35), meeting the size 80 in the 2003 season. nectarines that were produced in Burnectseven (Summer Flare 28), A review of other varieties with the commercially significant quantities of Honey Dew, La Pinta and Mike’s Red same harvesting period indicated that more than 10,000 containers for the first nectarine varieties. the Ivory Queen variety was also time during the 2004 season. This rule This rule also revises the introductory comparable to those varieties in its size also removes the variety-specific text of paragraphs (a)(3), (a)(4), (a)(5) ranges for that time period. Discussions minimum size requirements for fifteen and (a)(6) of § 916.356 to remove fifteen with handlers known to pack the variety varieties of nectarines whose shipments varieties from the variety-specific confirm this information regarding fell below 5,000 containers during the minimum size requirements specified in minimum size and the harvesting 2004 season. these paragraphs because less than period, as well. Thus, the For example, one of the varieties 5,000 containers of each of these recommendation to place the Ivory recommended for addition to the varieties were produced during the 2004 Queen variety in the variety-specific variety-specific minimum size season. Specifically, the introductory minimum size regulation at a minimum requirements is the La Pinta variety of text of paragraph (a)(3) of § 916.356 is size 80 is appropriate. Although most nectarines, recommended for regulation revised to remove the May Kist other size recommendations for peaches at a minimum size 80. Studies of the nectarine variety; the introductory text result from size studies conducted over size ranges attained by the La Pinta of paragraph (a)(4) of § 916.356 is a three-year period, data on the Ivory variety revealed that 100 percent of the revised to remove the Sparkling May Queen variety for earlier years is not containers met the minimum size of 80 and White Sun nectarine varieties; the available because the plantings of this during the 2001, 2002, and 2003 introductory text of paragraph (a)(5) is variety did not bear fruit before 2002. seasons. Sizes ranged from size 30 to revised to remove the Red May Unusually large plantings of the Ivory size 80, with 4.9 percent of the fruit in nectarine variety; and the introductory Queen variety led to the rapid the 30 sizes, 34.3 percent of the text of paragraph (a)(6) of § 916.356 is production of over 10,000 containers in packages in the 40 sizes, 41.1 percent in revised to remove the Candy Sweet, just two years, and indicated inclusion the 50 sizes, 19.5 percent in the 60 sizes, Flame Glo, Grand Diamond, June Lion, in the variety-specific minimum size 0.2 percent in the 70 sizes and 0 percent King Jim, Ruby Bright, Scarlet Red, requirements. in the size 80, for the 2003 season. Summer Jewel, Sunny Red, Sweet White Historical data such as this provides However, the fruit sized down to the 80 and White September nectarine the PCC with the information necessary sizes during the two previous seasons, varieties. to recommend the appropriate sizes at and setting the minimum size at size 70 Nectarine varieties removed from the which to regulate various peach would not be appropriate at this time. nectarine variety-specific minimum size varieties. In addition, producers and A review of other varieties with the requirements become subject to the non- handlers of the varieties affected are same harvesting period indicated that listed variety size requirements personally invited to comment when the La Pinta variety was also specified in paragraphs (a)(7), (a)(8), and such size recommendations are comparable to those varieties in its size (a)(9) of § 916.356. deliberated. Producer and handler ranges for that time period. Discussions Peaches: Section 917.459 of the comments are also considered at both with handlers known to handle the order’s rules and regulations specifies PCC and subcommittee meetings when variety confirm this information minimum size requirements for fresh the staff receives such comments, either regarding minimum size and harvesting peaches in paragraphs (a)(2) through in writing or verbally. period, as well. Thus, the (a)(6), and paragraphs (b) and (c). This For reasons similar to those discussed recommendation to place the La Pinta rule revises § 917.459 to establish in the preceding paragraph, the variety in the variety-specific minimum variety-specific minimum size introductory text of paragraph (a)(2) of size regulation at a minimum size 80 is requirements for thirteen peach varieties § 917.459 is revised to include the April appropriate. This recommendation that were produced in commercially Snow and Sugar Snow peach varieties; results from size studies conducted over significant quantities of more than the introductory text of paragraph (a)(5) a three-year period. 10,000 containers for the first time of § 917.459 is revised to include the Historical data such as this provides during the 2004 season. This rule also Ivory Queen peach variety; and the the NAC with the information necessary removes the variety-specific minimum introductory text of paragraph (a)(6) of to recommend the appropriate sizes at size requirements for ten varieties of § 917.459 is revised to include the which to regulate various nectarine peaches whose shipments fell below Autumn Rich, Cherry Red, Crimson varieties. In addition, producers and 5,000 containers during the 2004 Queen, Early O’Henry, Henry III, Henry handlers of the varieties affected are season. IV, Last Tango, Ruby Queen, Sierra Rich personally invited to comment when For example, one of the varieties and 244LE379 peach varieties. such size recommendations are recommended for addition to the This rule also revises the introductory deliberated. Producer and handler variety-specific minimum size text of paragraph (a)(5) of § 917.459 to comments are also considered at both requirements is the Ivory Queen variety remove the Redtop, Sugar May and NAC and subcommittee meetings when of peaches, which was recommended 172LE White Peach (Crimson Snow/ the staff receives such comments, either for regulation at a minimum size 80. Sunny Snow) peach varieties; and in writing or verbally. Studies of the size ranges attained by revises the introductory paragraph (a)(6)
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of § 917.459 to remove the Autumn Fire, response to consumer needs, handlers This rule reflects the committees’ and Fairtime, June Pride, Late September have sought a more generic sizing USDA’s appraisal of the need to revise Snow, Queen Lady, Ruby Gold and system to apply to both nectarines and the handling requirements for California Sugar Red peach varieties from the peaches. nectarines and peaches, as specified. variety-specific minimum size Finally, the industry has recently USDA believes that this rule will have requirements specified in the section adopted a new packing container with a beneficial impact on producers, because less than 5,000 containers of dimensions different from those handlers, and consumers of fresh each of these varieties was produced previously used. Conforming changes to California nectarines and peaches. during the 2004 season. the trays used to pack the fruit into the This rule establishes handling Peach varieties removed from the new containers resulted in reductions in requirements for fresh California peach variety-specific minimum size cavity sizes in some cases to nectarines and peaches consistent with requirements become subject to the non- accommodate the same fruit counts as expected crop and market conditions, listed variety size requirements in the old containers. This led to a and will help ensure that all shipments specified in paragraphs (b) and (c) of wider discrepancy between the sizes of of these fruits made each season will § 917.459. fruit packed in both pack styles meet acceptable handling requirements The NAC and PCC recommended throughout the season. established under each of these orders. these changes in the minimum size In an effort to provide a more generic The changes: (1) Revise varietal requirements based on a continuing sizing of the two commodities, to maturity, quality, and size requirements review of the sizing and maturity smooth the transition from early-season to better reflect current industry relationships for these nectarine and to mid-season and late-season fruit practices; (2) authorize continued peach varieties, and the consumer sizes, and to standardize the conversion shipments of ‘‘CA Utility’’ quality fruit acceptance levels for various fruit sizes. from tray-packing to volume-filling during the 2005 season; and (3) adjust This rule is designed to establish fruit, the committees’ staff conducted weight-count standards for fruit packed minimum size requirements for fresh weight-count surveys during the 2004 in volume-filled containers. This rule nectarines and peaches consistent with packing season. With the data collected, will also help the California nectarine expected crop and market conditions. they were able to determine the most and peach industries to provide fruit Weight-Count Standards optimum weight-counts for containers desired by consumers. This rule was unanimously recommended by the Under the provisions of §§ 916.52 and of volume-filled nectarines and peaches of various fruit sizes throughout the committees at their meetings on 917.41 of the orders, the NAC and PCC, December 7, 2004, and is designed to respectively, are also authorized to season, given the new containers and trays. The committees’ staff prepared establish and maintain orderly establish weight-count standards for marketing conditions for these fruits in packed containers of fruit. These new weight-count tables, which were reviewed by the Size Nomenclature the interests of producers, handlers, and standards define a maximum number of consumers. peaches in a 16-pound sample when Review Group at their meetings on such fruit, which may be packed in tray- September 3 and September 21, 2004, Initial Regulatory Flexibility Analysis packed containers, is converted to and by the Tree Fruit Quality Pursuant to requirements set forth in volume-filled containers. In §§ 916.350 Subcommittee at their meetings on the Regulatory Flexibility Act (RFA), the and 917.442 of the orders’ rules and September 13, November 9, and Agricultural Marketing Service (AMS) regulations, weight-count standards are November 30, 2004. At their meetings has considered the economic impact of established for all varieties of nectarines on December 7, 2004, both the NAC and this action on small entities. and peaches (except the Peento type PCC unanimously recommended Accordingly, AMS has prepared this peaches), in TABLES 1 and 2 of revision of the weight-count standards initial regulatory flexibility analysis. paragraph (a)(5)(iv). tables in the orders’ rules and The purpose of the RFA is to fit Weight-count standards differ for fruit regulations to reflect the staff’s findings. regulatory actions to the scale of packed early in the season and that Nectarines: This rule revises Tables 1 business subject to such actions in order packed later. Earlier fruit tends to be and 2 of paragraph (a)(5)(iv) of that small businesses will not be unduly less dense than later fruit. While the § 916.350. Such revisions require or disproportionately burdened. earlier fruit sizes are adequate to fill the conforming modifications to the text of Marketing orders issued pursuant to the tray cavities in tray-packed containers, § 916.356, paragraphs (a)(4)(ii), (a)(6)(ii), Act, and rules issued thereunder, are more pieces of fruit are required to meet (a)(8)(ii), and (a)(9)(ii) by increasing the unique in that they are brought about the 16-pound sample standard for maximum number of nectarines in a 16- through group action of essentially volume-filled fruit. The NAC and PCC pound sample for the sizes regulated in small entities acting on their own routinely conduct tests to determine the those paragraphs. behalf. Thus, both statutes have small optimum weight-count standards for Peaches: Similarly, this rule revises entity orientation and compatibility. early, mid-season and late-season fruit. Tables 1 and 2 of paragraph (a)(5)(iv) of Occasionally, adjustments are made to § 917.442 to reflect the staff’s study Industry Information the weight-count standards to ensure findings. Additionally, two new weight- There are approximately 207 equivalence between the pack styles and count standards for peaches are added California nectarine and peach handlers permit handlers to more easily convert to the tables. These two new standards subject to regulation under the orders tray-packed fruit to volume-filled are for large sizes previously without covering nectarines and peaches grown containers. weight-count assignments, and were in California, and about 1,500 producers Weight-count standards have also determined from the data collected. of these fruits in California. Small differed between nectarine and peaches Such revisions require conforming agricultural service firms, which historically because of the difference in modifications to the text of § 917.459, include handlers, are defined by the shape between the two commodities. paragraph (a)(5)(iii), increasing the Small Business Administration (13 CFR However, continued breeding of the two maximum number of peaches in a 16- 121.201) as those whose annual receipts fruits has resulted in more uniformity of pound sample for the size regulated in are less than $5,000,000. Small shape and size between the two. In that paragraph. agricultural producers are defined by
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the Small Business Administration as with review and discussion of the minimum sizes authorized for various those having annual receipts of less than changes. The changes: (1) Authorize varieties of nectarines and peaches for $750,000. A majority of these handlers shipments of ‘‘CA Utility’’ quality fruit the 2005 season. Minimum size and producers may be classified as to continue during the 2005 season; (2) regulations are put in place to encourage small entities. adjust weight-count standards for fruit producers to leave fruit on the trees for The committees’ staff has estimated in volume filled containers; and (3) a longer period of time. This increased that there are fewer than 26 handlers in revise varietal maturity, quality, and growing time not only improves the industry who could be defined as size requirements to reflect changes in maturity, but also increases fruit size. other than small entities. For the 2004 production and marketing practices. Increased fruit size increases the season, the committees’ staff estimated number of packed containers per acre, that the average handler price received Grade and Quality Requirements— Discussions and Alternatives and coupled with heightened maturity was $8.00 per container or container levels, also provides greater consumer equivalent of nectarines or peaches. A In 1996, §§ 916.350 and 917.442 were satisfaction, fostering repeat purchases. handler would have to ship at least revised to permit shipments of ‘‘CA Such improved consumer satisfaction 625,000 containers to have annual Utility’’ quality nectarines and peaches and repeat purchases benefit both receipts of $5,000,000. Given data on as an experiment during the 1996 producers and handlers alike. shipments maintained by the season only. Such shipments have Annual adjustments to minimum committees’ staff and the average subsequently been permitted each sizes of nectarines and peaches, such as handler price received during the 2004 season. Since 1996, shipments of ‘‘CA these, are recommended by the NAC season, the committees’ staff estimates Utility’’ have ranged from 1 to 5 percent and PCC based upon historical data, that small handlers represent of total nectarine and peach shipments. producer and handler information approximately 87 percent of all the This rule authorizes continued regarding sizes attained by different handlers within the industry. shipments of ‘‘CA Utility’’ quality varieties, and trends in consumer nectarines and peaches during the 2005 The committees’ staff has also purchases. estimated that fewer than 20 percent of season. An alternative to such action would the producers in the industry could be The Tree Fruit Quality Subcommittee include not establishing minimum size defined as other than small entities. For met on November 30, 2004, and regulations for these new varieties. Such the 2004 season, the committees unanimously agreed that the ‘‘CA an action would ultimately increase the estimated the average producer price Utility’’ quality requirements that are amount of less acceptable fruit being received was $5.00 per container or currently in place should be continued. container equivalent for nectarines and The NAC and PCC also unanimously marketed to consumers, and would be peaches. A producer would have to recommended such continuation at contrary to the long-term interests of produce at least 150,000 containers of their meetings on December 7, 2004, producers, handlers, and consumers. nectarines and peaches to have annual and have done so continuously since For these reasons, this alternative was receipts of $750,000. Given data such shipments were first authorized in not recommended. maintained by the committees’ staff and 1996. Weight-Count Standards—Discussions the average producer price received Minimum Maturity and Size Levels— and Alternatives during the 2004 season, the committees’ Discussions and Alternatives staff estimates that small producers Sections 916.350 and 917.442 also represent more than 80 percent of the Sections 916.356 and 917.459 establish weight-count standards for producers within the industry. establish minimum maturity levels. This fruit packed in volume-filled containers. With an average producer price of rule makes annual adjustments to the These standards define a maximum $5.00 per container or container maturity requirements for several number of peaches in a 16-pound equivalent, and a combined packout of varieties of nectarines and peaches. sample when such fruit, which may be nectarines and peaches of Maturity requirements are based on packed in tray-packed containers, is approximately 40,422,900 containers, maturity measurements generally using converted to volume-filled containers. the value of the 2004 packout is maturity guides (e.g., color chips), as Industry-wide adoption of a new estimated to be $202,114,500. Dividing recommended by Shipping Point container led to the reconfiguration of this total estimated grower revenue Inspection. Such maturity guides are the trays commonly used in packing figure by the estimated number of reviewed annually by SPI to determine tray-packed containers. Some of the tray producers (1,500) yields an estimate of the appropriate guide for each nectarine cavity sizes were modified to conform to average revenue per producer of about and peach variety. These annual the dimensions of the new container. $134,743 from the sales of peaches and adjustments reflect refinements in These modifications resulted in slightly nectarines. measurements of the maturity smaller fruit being packed into some characteristics of nectarines and sizes, which led to an unacceptable Regulatory Revisions peaches as experienced over previous discrepancy between the sizes of fruit Under §§ 916.52 and 917.41 of the seasons’ inspections. Adjustments in the packed in volume-filled containers and orders, grade, size, maturity, container guides utilized ensure that fruit has met that in tray-packed containers. and pack requirements are established an acceptable level of maturity, ensuring Additionally, the difference in density for fresh shipments of California consumer satisfaction while benefiting between early-season and mid-season to nectarines and peaches, respectively. nectarine and peach producers and late-season fruit causes an abrupt Such requirements are in effect on a handlers. change in sizes during the seasonal continuing basis. The NAC and PCC met Currently, in § 916.356 of the transition. Handlers have reported that on December 7, 2004, and unanimously nectarine order’s rules and regulations, marketing through that period is recommended that these handling and in § 917.459 of the peach order’s difficult because of the discrepancy requirements be revised for the 2005 rules and regulations, minimum sizes between sizes of earlier fruit and later season. These recommendations had for various varieties of nectarines and fruit, and have sought a modified sizing been presented to the committees by peaches, respectively, are established. method that would smooth that various subcommittees, each charged This rule makes adjustments to the transition.
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Finally, continuous breeding has led subcommittees include the Tree Fruit meetings are held annually in the fall, to an increasing similarity of fruit Quality Subcommittee, the Size winter and spring. Like all committee shapes between nectarines and peaches. Nomenclature Review Group, the meetings, the December 7, 2004, The committees desire to develop a Marketing Order Amendment Task meetings were public meetings, and all more uniform sizing system. Force, and the Executive Committee. entities, large and small, were The Size Nomenclature Review Group At the meetings, the impact of and encouraged to express views on these met several times during 2003 and 2004 alternatives to these recommendations issues. These regulations were also to discuss revision of the weight-count are deliberated. These subcommittees, reviewed and thoroughly discussed at standards. Although the group like the committees themselves, subcommittee meetings held on August considered the transition to a per pound frequently consist of individual 26, September 13, November 9 and sizing system similar to that used by the producers and handlers with many November 30, 2004. Finally, interested plum industry, they felt that the years of experience in the industry who persons are invited to submit nectarine and peach industries would are familiar with industry practices and information on the regulatory and be better served by adjusting the weight- trends. Like all committee meetings, informational impacts of this action on count standards already in place. The subcommittee meetings are open to the small businesses. Size Nomenclature Review Group also public and comments are widely believed that they could recommend solicited. In the case of the Tree Fruit A small business guide on complying modifications to the standards that Quality Subcommittee, many growers with fruit, vegetable, and specialty crop would smooth the marketing transition and handlers who are affected by the marketing agreements and orders may between varieties packed in the early issues discussed by the subcommittee be viewed at the following Web site: season and those packed in the mid- attend and actively participate in the http://www.ams.usda.gov/fv/moab.html. season to late-season. public deliberations, or call and/or write Any questions about the compliance The committee staff was directed to in their concerns and comments to the guide should be sent to Jay Guerber at collect data during the 2004 season from staff for presentation at the meetings. In the previously mentioned address in the which revision recommendations could addition, minutes of all subcommittee FOR FURTHER INFORMATION CONTACT be made. Extensive sampling of both meetings are distributed to committee section. nectarines and peaches of various sizes members and others who have This rule invites comments on provided the information needed for the requested them, and are also available changes to the handling requirements committee to make recommendations on the committees’ website, thereby currently prescribed under the regarding revisions to the weight-count increasing the availability of marketing orders for California fresh standards. The Tree Fruit Quality information within the industry. Subcommittee voted unanimously to Each of the recommended handling nectarines and peaches. Any comments recommend the adjustments to the NAC requirement changes for the 2005 season received will be considered prior to and PCC at their meeting on November is expected to generate financial benefits finalization of this rule. 9, 2004. The NAC and PCC for producers and handlers through After consideration of all relevant unanimously recommended the changes increased fruit sales, compared to the matters presented, the information and to the regulations at their meeting on situation that would exist if the changes recommendations submitted by the December 7, 2004. were not adopted. Both large and small committees, and other information, it is The committees discussed various entities are expected to benefit from the found that this interim final rule, as alternatives to this action, including changes, and the costs of compliance are hereinafter set forth, will tend to leaving the weight-count standards not expected to be substantially effectuate the declared policy of the Act. unchanged or adopting a per-pound different between large and small Pursuant to 5 U.S.C. 553, it is also fruit sizing system similar to that used entities. in the plum industry. However, the This rule does not impose any found and determined, upon good committees believe that failure to make additional reporting and recordkeeping cause, that it is impracticable, changes would not take into account requirements on either small or large unnecessary, and contrary to the public differences between the various pack handlers. As with all Federal marketing interest to give preliminary notice prior styles. Also, the data collected did not order programs, reports and forms are to putting this rule into effect, and that support adoption of a per-pound fruit periodically reviewed to reduce good cause exists for not postponing the sizing system at this time. The information requirements and effective date of this rule until 30 days committees believe that the duplication by industry and public after publication in the Federal Register recommended changes to the weight- sector agencies. because: (1) California nectarine and count standards will provide for better USDA has not identified any relevant peach producers and handlers should be uniformity of sizes between fruit packed Federal rules that duplicate, overlap, or apprised of this rule as soon as possible, in volume-filled containers and fruit conflict with this rule. However, as since shipments of these fruits are packed in tray-packed containers, will previously stated, nectarines and expected to begin in early April; (2) this smooth the transition from early-season peaches under the orders have to meet rule relaxes grade requirements for to mid-season and late-season fruit for certain requirements set forth in the nectarines and peaches; (3) appropriate marketers, and will more closely align standards issued under the Agricultural subcommittees met and made fruit sizes between nectarines and Marketing Act of 1946 (7 CFR 1621 et recommendations to the committees, the peaches. seq.). Standards issued under the committees met and unanimously The committees make Agricultural Marketing Act of 1946 are recommended these changes at public recommendations regarding the otherwise voluntary. meetings, and interested persons had revisions in handling requirements after In addition, the committees’ meetings opportunities to provide input at all considering all available information, are widely publicized throughout the those meetings; and (4) the rule including recommendations by various nectarine and peach industry and all provides a 60-day comment period, and subcommittees, comments of persons at interested parties are encouraged to any written comments timely received subcommittee meetings, and comments attend and participate in committee will be considered prior to any received by committee staff. Such deliberations on all issues. These finalization of this interim final rule.
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List of Subjects TABLE 1.—WEIGHT COUNT STAND- meeting the ‘‘CA Utility’’ quality requirements, shall bear the words ‘‘CA 7 CFR Part 916 ARDS FOR ALL VARIETIES OF NEC- TARINES PACKED IN LOOSE-FILLED Utility,’’ along with all other required Marketing agreements, Nectarines, 3 OR TIGHT-FILLED CONTAINERS— container markings, in letters at least ⁄8 Reporting and recordkeeping Continued inch in height on the visible display requirements. panel. Consumer bags or packages must 7 CFR Part 917 Column B— also be clearly marked on the consumer Maximum bags or packages as ‘‘CA Utility,’’ along Marketing agreements, Peaches, Pears, number of with all other required markings, in Reporting and recordkeeping nectarines in a letters at least 3⁄8 inch in height. requirements. 16-pound sample appli- I 3. Section 916.356 is amended by: I For the reasons set forth in the cable to vari- I A. Revising the introductory text of preamble, 7 CFR parts 916 and 917 are Column A— eties specified paragraph (a)(1); amended as follows: Tray pack size designation in paragraphs (a)(2)(ii), I B. Revising Table 1; and PART 916—NECTARINES GROWN IN (a)(3)(ii), I C. Revising the introductory text of (a)(4)(ii), paragraphs (a)(3), (a)(4), (a)(5), and (a)(6); CALIFORNIA (a)(5)(ii), (a)(7)(ii), and and I 1. The authority citation for 7 CFR (a)(8)(ii) of I D. Revising paragraphs (a)(4)(ii), parts 916 and 917 continues to read as § 916.356 (a)(6)(ii), (a)(8)(ii), and (a)(9)(ii) to read as follows: follows: 42 ...... 34 Authority: 7 U.S.C. 601–674. 40 ...... 32 § 916.356 California nectarine grade and I 2. Section 916.350 is amended by: 36 ...... 29 size regulation. I A. Revising Tables 1 and 2 in 34 ...... 27 (a) * * * 32 ...... 25 paragraph (a)(5)(iv); and 30 ...... 23 (1) Any lot or package or container of I B. Revising paragraph (d) to read as any variety of nectarines unless such follows: nectarines meet the requirements of U.S. TABLE 2.—WEIGHT-COUNT STAND- No. 1 grade: Provided, That nectarines 2 § 916.350 California nectarine container ARDS FOR ALL VARIETIES OF NEC- and pack regulation. inches in diameter or smaller, shall not TARINES PACKED IN LOOSE-FILLED have fairly light-colored, fairly smooth (a) * * * OR TIGHT-FILLED CONTAINERS scars which exceed an aggregate area of (5) * * * a circle 3/8 inch in diameter, and (iv) * * * Column B— nectarines larger than 2 inches in Maximum diameter shall not have fairly light- TABLE 1.—WEIGHT COUNT STAND- Number of colored, fairly smooth scars which ARDS FOR ALL VARIETIES OF NEC- nectarines in a 16-pound exceed an aggregate area of a circle 1/ TARINES PACKED IN LOOSE-FILLED Column A— sample appli- 2 inch in diameter: Provided further, OR TIGHT-FILLED CONTAINERS Tray pack size designation cable to vari- That an additional tolerance of 25 eties specified in paragraphs percent shall be permitted for fruit that Column B— is not well formed but not badly Maximum (a)(6)(ii) and number of (a)(9)(ii) of misshapen: Provided further, That all nectarines in a § 916.356 varieties of nectarines which fail to meet 16-pound the U.S. No. 1 grade only on account of 108 ...... 92 sample appli- lack of blush or red color due to varietal cable to vari- 96 ...... 87 Column A— eties specified 88 ...... 80 characteristics shall be considered as Tray pack size designation in paragraphs 84 ...... 76 meeting the requirements of this (a)(2)(ii), 80 ...... 72 subpart: Provided further, That during (a)(3)(ii), 72 ...... 65 the period April 1 through October 31, (a)(4)(ii), 70 ...... 62 2005, any handler may handle (a)(5)(ii), 64 ...... 56 (a)(7)(ii), and nectarines if such nectarines meet ‘‘CA (a)(8)(ii) of 60 ...... 53 Utility’’ quality requirements. The term § 916.356 56 ...... 47 54 ...... 45 ‘‘CA Utility’’ means that not more than 40 percent of the nectarines in any 108 ...... 100 50 ...... 42 96 ...... 90 48 ...... 41 container meet or exceed the 88 ...... 84 44 ...... 36 requirements of the U.S. No. 1 grade, 84 ...... 78 42 ...... 34 except that when more than 30 percent 80 ...... 75 40 ...... 32 of the nectarines in any container meet 72 ...... 68 36 ...... 29 or exceed the requirements of the U.S. 70 ...... 63 34 ...... 27 32 ...... 25 No. 1 grade, the additional 10 percent 64 ...... 57 30 ...... 23 shall have non-scoreable blemishes as 60 ...... 53 determined when applying the U.S. 56 ...... 48 Standards for Grades of Nectarines; and 54 ...... 45 * * * * * 50 ...... 42 (d) During the period April 1 through that such nectarines are mature and are: 48 ...... 41 October 31, 2005, each container or * * * * * 44 ...... 36 package when packed with nectarines (iv) * * *
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TABLE 1 TABLE 1—Continued container, contains not more than 84 nectarines. Column B Column B (5) Any package or container of Column A variety maturity Column A variety maturity guide guide Mango variety nectarines unless: * * * * * Alshir Red ...... J Red May ...... J (6) Any package or container of Alta Alta Red ...... J Red Roy ...... J Red, Arctic Blaze, Arctic Gold, Arctic April Glo ...... H Regal Red ...... K Ice, Arctic Jay, Arctic Mist, Arctic Pride, August Fire ...... L Rio Red ...... L August Glo ...... L Rose Diamond ...... J Arctic Queen, Arctic Snow (White August Lion ...... J Royal Giant ...... I Jewel), Arctic Sweet, August Fire, August Red ...... J Royal Glo ...... I August Glo, August Lion, August Pearl, Aurelio Grand ...... F Ruby Diamond ...... L August Red, August Snow, Big Jim, Autumn Delight ...... L Ruby Grand ...... J Bright Pearl, Bright Sweet, Burnectfour Big Jim ...... J Ruby Sun ...... J (Summer Flare 35), Burnectseven Candy Gold ...... L Ruby Sweet ...... J (Summer Flare 28), Candy Gold, Crimson Baby ...... G Scarlet Red ...... K Diamond Bright ...... J Diamond Ray, Early Red Jim, Emelia, September Free ...... J Fire Pearl, Fire Sweet, Flaming Red, Diamond Jewel ...... L September Grand ...... L Diamond Ray ...... L September Red ...... L Grand Pearl, Grand Sweet, Honey Blaze, Earliglo ...... I Shay Sweet ...... J Honey Dew, Honey Fire, Honey Kist, Early Diamond ...... J Sheri Red ...... J Honey Royale, July Pearl, July Red, Kay Early Red Jim ...... J Sparkling June ...... L Pearl, La Pinta, Late Red Jim, Mike’s Early Sungrand ...... H Sparkling May ...... J Red, P–R Red, Prima Diamond IX, Prima Emelia ...... J Sparkling Red ...... L Diamond XVIII, Prima Diamond XIX, Fairlane ...... L Spring Bright ...... L Prima Diamond XXIV, Prima Diamond Fantasia ...... J Spring Diamond ...... L Firebrite ...... H XXVIII, Red Diamond, Red Glen, Red Spring Ray ...... L Jim, Red Pearl, Regal Pearl, Regal Red, Fire Sweet ...... J Spring Red ...... H Flame Glo ...... L Spring Sweet ...... J Royal Giant, Ruby Diamond, Ruby Pearl, Flamekist ...... L Star Brite ...... J Ruby Sweet, September Bright (26P– Flaming Red ...... K Sugar Queen ...... L 490), September Free, September Red, Flavortop ...... J Summer Beaut ...... H Sparkling June, Sparkling Red, Spring Gee Sweet ...... L Summer Blush ...... J Bright, Spring Sweet, Summer Blush, Grand Candy ...... J Summer Bright ...... J Summer Bright, Summer Diamond, Grand Diamond ...... L Summer Diamond ...... L Summer Fire, Summer Grand, Summer Grand Sweet ...... J Summer Fire ...... L Gran Sun ...... L Lion, Summer Red, Sunburst, Sun Summer Grand ...... L Valley Sweet, Terra White, or Zee Glo Honey Blaze ...... J Summer Lion ...... L Honey Dew ...... B * Summer Red ...... L variety nectarines unless: Honey Fire ...... L Sunburst ...... J (i) * * * Honey Kist ...... I Sun Diamond ...... I (ii) Such nectarines, when packed Honey Royale ...... J Sunecteight (Super Star) ...... G other than as specified in paragraph July Red ...... L Sun Grand ...... G June Brite ...... I (a)(6)(i) of this section, are of a size that Sunny Red ...... J a 16-pound sample, representative of June Candy ...... K Tom Grand ...... L Juneglo ...... H Zee Glo ...... J the nectarines in the package or Kay Diamond ...... L Zee Grand ...... I container, contains not more than 72 Kay Glo ...... J nectarines or if the nectarines are ‘‘well Kay Sweet ...... J * * * * * matured’’ not more than 76 nectarines. King Jim ...... L Kism Grand ...... J (3) Any package or container of * * * * * Late Le Grand ...... L Mayglo variety of nectarines on or after (8) * * * Late Red Jim ...... J May 6 of each year, or Crimson Baby, (i) * * * Earliglo, Early Diamond, Red Jewel or Mango ...... B * (ii) Such nectarines, when packed May Diamond ...... I Zee Fire variety nectarines unless: May Fire ...... H other than as specified in paragraph * * * * * (a)(8)(i) of this section, are of a size that Mayglo ...... H (4) Any package or container of Arctic May Grand ...... H a 16-pound sample, representative of May Kist ...... H Rose, Arctic Star, Diamond Bright, the nectarines in the package or Mid Glo ...... L Diamond Pearl, Juneglo, June Pearl, Kay container, contains not more than 84 Moon Grand ...... L Fire, Kay Glo, Kay Sweet, May nectarines. Diamond, Prima Diamond IV, Prima Niagra Grand ...... H (9) * * * P–R Red ...... L Diamond VI, Prima Diamond XIII, Prince Jim ...... L Prince Jim, Prince Jim 1, Red Delight, (i) * * * Prince Jim I ...... L Red Roy, Rose Diamond, Royal Glo, (ii) Such nectarines, when packed Prima Diamond XIII ...... L Spring Ray, or Zee Grand variety other than as specified in paragraph Red Delight ...... I nectarines unless: (a)(9)(i) of this section, are of a size that Red Diamond ...... L (i) * * * a 16-pound sample, representative of Red Fred ...... J the nectarines in the package or Red Free ...... L (ii) Such nectarines, when packed Red Glen ...... J other than as specified in paragraph container, contains not more than 72 Red Glo ...... I (a)(4)(i) of this section, are of a size that nectarines or if the nectarines are ‘‘well Red Jewel ...... L a 16-pound sample, representative of matured’’ not more than 76 nectarines. Red Jim ...... L the nectarines in the package or * * * * *
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PART 917—FRESH PEARS AND TABLE 2.—WEIGHT-COUNT STAND- which are damaged, but not seriously PEACHES GROWN IN CALIFORNIA ARDS FOR ALL VARIETIES OF PEACH- damaged: Provided further, That ES (EXCEPT PEENTO TYPE PEACH- peaches of the Peento type shall be I 4. Section 917.442 is amended by: ES) PACKED IN LOOSE-FILLED OR permitted blossom end cracking that is well healed and does not exceed the I A. Revising Tables 1 and 2 of TIGHT FILLED CONTAINERS aggregate area of a circle 3⁄8 inch in paragraph (a)(5)(iv) and Column B— diameter, and/or does not exceed a I B. Revising paragraph (d) to read as Maximum depth that exposes the pit: Provided follows: number of further, That during the period April 1 peaches in a through November 23, 2005, any § 917.442 California peach container and 16-pound handler may handle peaches if such pack regulation. Column A— sample appli- Tray pack size designation cable to vari- peaches meet ‘‘CA Utility’’ quality (a) * * * eties specified requirements. The term ‘‘CA Utility’’ in paragraphs means that not more than 40 percent of (5) * * * (a)(6)(ii) and (c)(3) of the peaches in any container meet or (iv) * * * § 917.459 exceed the requirement of the U.S. No. 1 grade, except that when more than 30 TABLE 1.—WEIGHT-COUNT STAND- 96 ...... 96 percent of the peaches in any container ARDS FOR ALL VARIETIES OF PEACH- 88 ...... 83 meet or exceed the requirements of the ES (EXCEPT PEENTO TYPE PEACH- 84 ...... 79 U.S. No. 1 grade, the additional 10 80 ...... 73 percent shall have non-scoreable ES) PACKED IN LOOSE-FILLED OR 72 ...... 66 TIGHT-FILLED CONTAINERS 70 ...... 62 blemishes as determined when applying 64 ...... 56 the U.S. Standards for Grades of Column B— 60 ...... 52 Peaches; and that such peaches are Maximum 56 ...... 47 mature and are: number of 54 ...... 46 * * * * * peaches in a 50 ...... 42 16-pound (iv) * * * sample appli- 48 ...... 41 cable to vari- 44 ...... 37 TABLE 1 Column A— eties specified 42 ...... 34 Tray pack size designation 40 ...... 32 in paragraphs Column B (a)(2)(ii), 36 ...... 29 Column A Variety Maturity (a)(3)(ii), 34 ...... 28 guide (a)(4)(ii), 32 ...... 25 (a)(5)(ii), and 30 ...... 23 (b)(3) of Angelus ...... I § 917.459 28 ...... 21 August Lady ...... L 26 ...... 20 Autumn Flame ...... J 96 ...... 96 Autumn Gem ...... I 88 ...... 92 * * * * * Autumn Lady ...... H Autumn Red ...... J 84 ...... 83 (d) During the period April 1 through November 23, 2005, each container or Autumn Rose ...... H 80 ...... 77 Bev’s Red ...... I 72 ...... 69 package when packed with peaches meeting ‘‘CA Utility’’ quality Blum’s Beauty ...... G 70 ...... 65 Brittney Lane ...... J 64 ...... 58 requirements, shall bear the words ‘‘CA Burpeachone (Spring Flame 21) J 60 ...... 53 Utility,’’ along with all other required Burpeachthree (September I 3 56 ...... 48 container markings, in letters at least ⁄8 Flame ). 54 ...... 46 inch in height on the visible display Burpeachtwo (Henry II ) ...... J 50 ...... 43 panel. Consumer bags or packages must Cal Red ...... I 48 ...... 41 also be clearly marked on the consumer Candy Red ...... J Carnival ...... I 44 ...... 37 bags or packages as ‘‘CA Utility,’’ along Cassie ...... H 42 ...... 34 with all other required markings, in 3 Coronet ...... E 40 ...... 32 letters at least ⁄8 inch in height. Crimson Lady ...... J 36 ...... 29 I 5. Section 917.459 is amended by: Crown Princess ...... J 34 ...... 28 I A. Revising the introductory text of Country Sweet ...... J 32 ...... 25 paragraph (a)(1); David Sun ...... I 30 ...... 23 I B. Revising Table 1; Diamond Princess ...... J 28 ...... 21 I C. Revising the introductory text of Earlirich ...... H 26 ...... 20 paragraphs (a)(2), (a)(5), and (a)(6); and Earlitreat ...... H I D. Revising paragraphs (a)(5)(iii) and Early Delight ...... H (a)(6)(iii) to read as follows: Early Elegant Lady ...... L Early May Crest ...... H § 917.459 California peach grade and size Early O’Henry ...... I regulation. Early Top ...... G (a) * * * Elberta ...... B (1) Any lot or package or container of Elegant Lady ...... L Fairtime ...... G any variety of peaches unless such Fancy Lady ...... J peaches meet the requirements of U.S. Fay Elberta ...... C No. 1 grade: Provided, That an Fire Red ...... I additional 25 percent tolerance shall be First Lady ...... D permitted for fruit with open sutures Flamecrest ...... I
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TABLE 1—Continued TABLE 1—Continued Prima Peach 13, Prima Peach XV, Prima Peach 20, Prima Peach 23, Prima Peach Column B Column B XXVII, Princess Gayle, Red Giant, Rich Column A Variety Maturity Column A Variety Maturity Lady, Royal Lady, Ruby Queen, Ryan guide guide Sun, Saturn (Donut), Scarlet Snow, Flavorcrest ...... G Sweet Dream ...... J September Snow, September Sun, Sierra Flavor Queen ...... H Sweet Gem ...... J Gem, Sierra Rich, Snow Beauty, Snow Flavor Red ...... G Sweet Mick ...... J Blaze, Snow Fall, Snow Gem, Snow Franciscan ...... G Sweet Scarlet ...... J Giant, Snow Jewel, Snow King, Snow Goldcrest ...... H Sweet September ...... I Princess, Sprague Last Chance, Spring Golden Princess ...... L Topcrest ...... H Gem, Sugar Crisp, Sugar Giant, Sugar Honey Red ...... G Tra Zee ...... J Lady, Summer Dragon, Summer Lady, Island Princess ...... H Vista ...... J Joanna Sweet ...... J Willie Red ...... G Summer Sweet, Summer Zee, John Henry ...... J Zee Diamond ...... J Supechfour (Amber Crest), Sweet Blaze, July Elberta ...... C Zee Lady ...... L Sweet Dream, Sweet Kay, Sweet June Lady ...... G September, Tra Zee, Vista, White Lady, June Pride ...... J * * * * * Zee Lady, 24–SB, or 244LE379 variety Kaweah ...... L (2) Any package or container of April peaches unless: Kern Sun ...... H Snow, Earlitreat, Sugar Snow, or * * * * * Kingscrest ...... H Supeachsix (91002) variety peaches Kings Lady ...... I (iii) Such peaches in any container Kings Red ...... I unless: when packed other than as specified in Lacey ...... I * * * * * paragraphs (a)(6)(i) and (ii) of this Lady Sue ...... L (5) Any package or container of section are of a size that a 16-pound Late Ito Red ...... L Babcock, Bev’s Red, Brittney Lane, sample, representative of the peaches in Madonna Sun ...... J Burpeachone (Spring Flame 21), the package or container, contains not Magenta Queen ...... J Burpeachfourteen (Spring Flame 20), more than 66 peaches, or if the peaches May Crest ...... G Crimson Lady, Crown Princess, David are ‘‘well matured,’’ not more than 73 May Sun ...... I May Sweet ...... I Sun, Early May Crest, Flavorcrest, Ivory peaches, except for Peento type peaches. Merrill Gem ...... G Queen, June Lady, Magenta Queen, May * * * * * Crest, May Sun, May Sweet, Prima Merrill Gemfree ...... G Dated: March 28, 2005. Morning Lord ...... J Peach IV, Queencrest, Rich May, Scarlet O’Henry ...... I Queen, Snow Brite, Snow Prince, Kenneth C. Clayton, Pacifica ...... G Springcrest, Spring Lady, Spring Snow, Acting Administrator, Agricultural Marketing Pretty Lady ...... J Springtreat (60EF32), Sugar Time Service. Prima Gattie 8 ...... L (214LC68), Sunlit Snow (172LE81), [FR Doc. 05–6418 Filed 3–29–05; 9:00 am] Prima Gattie 10 ...... J Supecheight, Sweet Scarlet, Zee BILLING CODE 3410–02–P Prima Peach IV ...... J Prima Peach 23 ...... J Diamond, or 012–094 variety peaches unless: Queencrest ...... G DEPARTMENT OF AGRICULTURE Ray Crest ...... G * * * * * Red Dancer (Red Boy) ...... I (iii) Such peaches in any container Commodity Credit Corporation Redhaven ...... G when packed other than as specified in Red Lady ...... G paragraph (a)(5)(i) and (ii) of this section 7 CFR Part 1439 Redtop ...... G are of a size that a 16-pound sample, Regina ...... G representative of the peaches in the RIN 0560–AH25 Rich Lady ...... J package or container, contains not more Rich May ...... H 2003 and 2004 Livestock Assistance than 77 peaches except for Peento type Rich Mike ...... H Program Rio Oso Gem ...... I peaches. Royal Lady ...... J (6) Any package or container of AGENCY: Commodity Credit Corporation, Royal May ...... G August Lady, Autumn Flame, Autumn USDA. Ruby May ...... H Red, Autumn Rich, Autumn Rose, ACTION: Final rule. Ryan Sun ...... I Autumn Ruby, Autumn Snow, September Sun ...... I Burpeachtwo (Henry II ), SUMMARY: This rule sets forth the terms Shelly ...... J Burpeachthree (September Flame ), and conditions of the 2003/2004 Sierra Gem ...... J Burpeachfour (August Fame ), Sierra Lady ...... I Livestock Assistance Program (LAP) as Burpeachfive (July Flame ), provided for by the Military Sparkle ...... I Sprague Last Chance ...... L Burpeachsix (June Flame ), Construction Appropriations and Springcrest ...... G Burpeachseven (Summer Flame 29), Emergency Hurricane Supplemental Spring Delight ...... G Cherry Red, Coral Princess, Country Appropriations Act, 2005. Under LAP, Spring Gem ...... J Sweet, Crimson Queen, Diamond assistance will be available to livestock Spring Lady ...... H Princess, Earlirich, Early Elegant Lady, producers for either 2003 or 2004 Springtreat ...... I Early O’Henry, Elegant Lady, Fancy grazing losses in a county that was Summer Kist ...... J Lady, Fay Elberta, Full Moon, Gypsy designated as a primary disaster county Summer Lady ...... L Red, Henry III, Henry IV, Ice Princess, Summerset ...... I by the President or the Secretary of Summer Zee ...... L Ivory Princess, Jillie White, Joanna Agriculture after January 1, 2003, for Suncrest ...... G Sweet, John Henry, Jupiter, Kaweah, certain losses occurring through Supechfour (Amber Crest) ...... G Klondike, Last Tango, Late Ito Red, December 31, 2004. Assistance will be Super Rich ...... H Magenta Gold, O’Henry, Pink Giant, made available in the same manner as Sweet Amber ...... J Pink Moon, Pretty Lady, Prima Gattie 8, was provided under the 2002 LAP.
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DATES: Effective Date: March 30, 2005. and Drug Administration, and Related of Montana, North Dakota, South FOR FURTHER INFORMATION CONTACT: Agencies Appropriations Act, 2005, of Dakota, and Wyoming. Nearly all cattle Dolores Painter, Emergency the Consolidated Appropriations Act, sold in these states are raised on pasture Preparedness and Program Branch, 2005 (Pub. L. 108–447, December 8, and the total sales of cattle and calves Production, Emergencies, and 2004). in these states was nearly $4.0 billion in Compliance Division, Farm Service As with the 2000 program, other 2002. Thus, estimated 2003/2004 LAP Agency (FSA), United States limitations on the 2003/2004 LAP disbursements to these states would Department of Agriculture, STOP 0517, include the following: total nearly 5 percent of total livestock • 1400 Independence Avenue, SW., Producers in counties contiguous to sales in these states. an approved county are not eligible. Washington, DC 20250–0517; telephone • Impacts of 2003/2004 LAP (202) 720–6602; e-mail Producers in an approved county must have suffered at least a 40-percent disbursements on U.S. feed grain [email protected]. markets are not likely to be measurable. Persons with disabilities who require loss of normal grazing for their eligible livestock for a minimum of 3 While the 2003/2004 LAP payments alternative means for communication compensate for past losses, it is possible (Braille, large print, audio tape, etc.) consecutive months. • Losses will be calculated for up to that some of the payments will be used should contact the USDA Target Center to purchase supplemental feed grains in at (202) 720–2600 (voice and TDD). 80 percent of the total grazing available. • A producer’s loss may not exceed the near future. However, estimated SUPPLEMENTARY INFORMATION: the county maximum set by the local expenditures are only about 2 percent of Background FSA county committee. the total $23.6 billion value of the 11.8 • Maximum assistance shall not billion bushel U.S. corn crop, assuming Section 101 of Division B of the exceed 50 percent of the calculated loss. an average price of $2.00 per bushel. Military Construction Appropriations • Payments will be made according to and Emergency Hurricane Supplemental In conclusion, payments under the a formula developed by CCC. 2003/2004 LAP are not expected to Appropriations Act (Pub. L. 108–324, • Payments will be subject to a $2.5 118 Stat. 1220, October 13, 2004) (the significantly affect national U.S. million gross revenue limitation and agricultural markets, but are expected to 2004 Act), requires the Secretary of $40,000 per person payment limitation. Agriculture to use such sums as are provide significant benefits to producers necessary from funds of the Commodity Cost/Benefit Assessment in specific regions who suffered losses from drought in 2003 and 2004. Credit Corporation to make and The 2003/2004 LAP is intended to administer payments to livestock relieve financial stress to eligible Notice and Comment producers for either 2003 or 2004 livestock producers when natural grazing losses in a county that has disasters cause significant losses in Section 101(g) of Division B of the received an emergency designation as a livestock feed production. As of January 2004 Act requires that these regulations primary county by the President or the 18, 2005, a total of 944 counties in 34 be promulgated without regard to the Secretary after January 1, 2003, for states had been designated as primary notice and comment provisions of 5 losses occurring through December 31, natural disaster areas by the Secretary of U.S.C. 553 or the Statement of Policy of 2004. The designated county must have Agriculture due to production losses the Secretary of Agriculture effective suffered a 40 percent or greater grazing from all causes during 2004. July 24, 1971 (36 FR 13804), relating to loss for 3 consecutive months during the The 2004 Act provided no limit for notice and comment rulemaking and selected calendar year as a result of total 2003/2004 LAP outlays. FSA public participation in rulemaking. damage due to a natural disaster. The estimates the 2003/2004 LAP will make These regulations are thus issued as eligible producer must elect whether payments totaling approximately $500 final. they want payments for 2003 or 2004, million. Actual outlays could range but payments may not be received for from around $475 million to $584 Executive Order 12866 both years. million. If total FSA payments to This rule has been determined to be By statute, assistance shall be made farmers and ranchers for all programs economically significant under available in the same manner as for fiscal 2005 reach $20 billion, as Executive Order 12866 and has been provided under section 806 of the expected, 2003/2004 LAP expenditures reviewed by the Office of Management Agriculture, Rural Development, Food would represent about 2.5 percent of and Budget (OMB). A cost/benefit and Drug Administration, and Related program payments made. assessment was prepared and is Agencies Appropriations Act, 2001 Based on the most recent data, summarized in the Preamble. (Pub. L. 106–387; 114 Stat. 1549A–51, estimated expenditures represent about October 6, 2000), (see 66 FR 15542, 0.7 percent of the value of all cattle and Federal Assistance Programs March 21, 2001, for losses occurring in calves in the United States and about calendar year 2000 (the 2000 program)). 1.22 percent of the gross receipts from The title and number of the Federal However, by statute, for the 2003/2004 the sale of cattle and calves. assistance program, as found in the LAP eligibility and payment amounts, a Payments under the 2003/2004 LAP Catalog of Federal Domestic Assistance, producer may not be penalized for should provide significant benefits to to which this final rule applies are: actions (recognizing disaster conditions) producers who actually suffered losses 10.066, Livestock Assistance Program. that reduced the average number of in 2003 and 2004 and for those Regulatory Flexibility Act livestock the producer owned for communities where livestock operations grazing in an eligible county during the predominately depend on grazing. The Regulatory Flexibility Act is not production year for which assistance is These would include regions applicable to this rule because neither being provided. Also, this rule includes characterized by cow-calf and stocker the Secretary of Agriculture nor CCC are elk, bison, and reindeer as eligible operations. For example, FSA estimates required by 5 U.S.C. 553 or any other livestock for LAP, as authorized by that over 37 percent of 2003/2004 LAP law to publish a notice of proposed section 785 of Division A of the payments, approximately $190 million, rulemaking for the subject matter of this Agriculture, Rural Development, Food will be paid to producers in the states rule.
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Environmental Review Paperwork Reduction Act Subpart B—Livestock Assistance Program Due to the weather-related disasters Section 101(g) of Division B of the requiring the Agency to provide rapid 2004 Act requires that these regulations I 3. Revise Subpart B to read as follows: relief, sufficient time was not available be promulgated and the activities under to complete an environmental review this rule be administered without regard Subpart B—2003–2004 Livestock prior to implementing this program. to the Paperwork Reduction Act. This Assistance Program Therefore, an environmental assessment means that the information to be Sec. is being completed to consider the collected from the public to implement these provisions and the burden in time 1439.100 Administration. potential impacts of this proposed 1439.101 Applicability. action on the human environment and money the collection of the 1439.102 Definitions. consistent with the provisions of the information would have on the public 1439.103 Eligible loss. National Environmental Policy Act of does not have to be approved by the 1439.104 Application process. 1969 (NEPA), 42 U.S.C. 4321, et seq., Office of Management and Budget or be 1439.105 County committee determinations the regulations of the Council on subject to the normal requirement for a of general applicability. Environmental Quality (40 CFR parts 60-day public comment period. 1439.106 Livestock producer eligibility. 1500–1508), and FSA’s regulations for 1439.107 Calculation of assistance. Government Paperwork Elimination 1439.108 Availability of funds. compliance with NEPA at 7 CFR part Act 1439.109 Additional limitations on 799. A copy of the draft environmental CCC is committed to compliance with payments. assessment will be available after 1439.110 Appeals. completion for review upon request. the Government Paperwork Elimination 1439.111 Refunds to CCC; joint and several Act (GPEA) and the Freedom to E-File liability. Executive Order 12778 Act, which require Government 1439.112 Miscellaneous. agencies in general, and the FSA in The final rule has been reviewed in § 1439.100 Administration. accordance with Executive Order 12778. particular, to provide the public the (a) The regulations in this subpart This final rule preempts State laws that option of submitting information or provide for what will be referred to as are inconsistent with its provisions, but transacting business electronically to the 2003/2004 Livestock Assistance the rule is not retroactive. Before any the maximum extent possible. The Program (LAP) which will be judicial action may be brought forms and other information collection administered under the general concerning this rule, all administrative activities required to be utilized by a supervision and direction of the remedies must be exhausted. person subject to this rule are implemented in a way that would allow Executive Vice President, Commodity Executive Order 12372 the public to conduct business with Credit Corporation (CCC), and the CCC electronically. Accordingly, at this Deputy Administrator for Farm This program is not subject to time, forms required to be submitted Programs, Farm Service Agency (FSA). Executive Order 12372, which requires under this rule may be submitted to In the field, the regulations in this part intergovernmental consultation with CCC in person, by mail, FAX, or will be administered by FSA State and State and local officials. See the notice electronically. county committees. related to 7 CFR part 3015, subpart V, (b) The FSA State executive directors, published at 48 FR 29115 (June 24, Executive Order 12612 county executive directors, and State 1983). This rule has no Federalism and county committees do not have the Unfunded Mandates implications warranting a Federalism authority to modify or waive any of the Assessment. This rule will not affect provisions in this part unless Title II of the Unfunded Mandates States, or their political subdivisions, or specifically authorized by the Deputy Reform Act of 1995 (UMRA) does not the distribution of power and Administrator. apply to this rule because neither the responsibilities among levels of (c) The FSA State committee may take Secretary of Agriculture nor CCC are government. any action authorized or required by required by 5 U.S.C. 553 or any other this part to be taken by the FSA county List of Subjects in 7 CFR 1439 law to publish a notice of proposed committee that has not been taken by rulemaking for the subject matter of this Agricultural commodities, Disaster such committee, such as: rule. Also, the rule imposes no assistance, Indian tribes, Livestock, (1) Correct or require a FSA county mandates as defined in UMRA. Livestock feed. committee to correct any action taken by Small Business Regulatory Enforcement I Accordingly, 7 CFR part 1439 is such committee that is not in Fairness Act of 1996 amended as follows: accordance with this part; or (2) Require an FSA county committee Section 101(g) of the 2004 Act PART 1439—EMERGENCY LIVESTOCK to withhold taking any action that is not requires that the Secretary use the ASSISTANCE in accordance with this part. authority in section 808 of the Small (d) No delegation herein to an FSA I Business Regulatory Enforcement 1. The authority citation for part 1439 State or county committee shall Fairness Act of 1996, Pub. L. 104–121 is revised to read as follows: preclude the Executive Vice President, (SBREFA), which allows an agency to Authority: 7 U.S.C. 1427a; 15 U.S.C. 714 et CCC, or a designee, or the Deputy forgo SBREFA’s usual 60-day seq.; Sec 1103 Pub. L. 105–277, 112 Stat. Administrator from determining any Congressional Review delay of the 2681–42–44; Pub. L. 106–31, 113 Stat. 57; question arising under this part or from effective date of a major regulation if the Pub. L. 106–78, 113 Stat. 1135; Pub. L. 106– reversing or modifying any 113, 113 Stat. 1501; Sec. 257 Pub. L. 106– agency finds that there is a good cause 224, 114. Stat. 358; Sec’s. 802, 806, & 813 determination made by an FSA State or to do so. Accordingly, this rule is Pub. L. 106–387, 114 Stat. 1549; Pub. L. 108– county committee. effective upon the date of filing for 7, 117 Stat. 11; Sec 101 of Division B, Pub. (e) Data furnished by the applicants public inspection by the Office of the L. 108–324, 118 Stat. 1220; Sec. 785 of will be used to determine eligibility for Federal Register. Division A, Pub. L. 108–447, 118 Stat. 2809. program benefits. Although
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participation in the 2003/2004 LAP is (2) A major disaster or emergency committee in accordance with voluntary, program benefits will not be designated by the President under the § 1439.105(a). Livestock producers will provided unless the participant Robert T. Stafford Disaster Relief and not receive benefits under this subpart furnishes all requested data. Emergency Assistance Act (42 U.S.C. for any portion of their loss that exceeds 5121 et seq.). 80 percent of normal carrying capacity. § 1439.101 Applicability. (a) Subject to the availability of funds, § 1439.103 Eligible loss. § 1439.104 Application process. this subpart sets forth the terms and (a) To be eligible for 2003/2004 LAP, (a) Livestock producers must submit a conditions applicable to the 2003/2004 for losses during the 2003 or 2004 completed application prior to the close LAP authorized by Public Law 108–324. calendar years, a producer must have of business on the date established and Program regulations for prior livestock owned or leased grazing land within the announced by the Deputy assistance programs can be found at 7 physical boundary of a disaster county Administrator. The application and any CFR 1439 as it was published on that was approved as a primary county other supporting documentation shall January 1, 2001, January 1, 2002, and under a Secretarial disaster designation be submitted to the FSA county office January 1, 2004. Benefits will be or Presidential disaster declaration in with administrative authority over a provided to eligible livestock producers 2003 or 2004, or approved as a primary producer’s eligible grazing land or to the in the United States under this subpart county after December 31, 2004, for FSA county office that maintains the in declared disaster counties that were qualifying losses that occurred prior to farm records for the livestock producer. subsequently approved for relief under January 1, 2005 (That is, losses in 2003 A producer may submit an application this part by the Deputy Administrator. and 2004). for both 2003 and 2004 losses, as (b) Unless otherwise determined by (b) To be eligible for benefits under applicable; however, LAP assistance to the Deputy Administrator, a livestock this subpart, a livestock producer in an the producer under this subpart shall be producer is not eligible to receive eligible county must have suffered a loss provided only for one of the years 2003 payments for the same loss under both of grazing production in an eligible or 2004. this subpart and another Federal county equivalent to at least a 40- (b) A producer shall specify each type program. percent loss of normal carrying capacity of pasture and percentage of loss for a minimum of 3 consecutive months suffered by each type within the § 1439.102 Definitions. during the 2003 or 2004 production year approved county on the application. In The definitions set forth in this as defined in § 1439.102. establishing the percentage of grazing section shall be applicable for all (c)(1) Producers in counties loss, producers shall consider the purposes of administering this subpart. contiguous to an eligible county that amount of available grazing production The definitions in § 1439.3 shall also be were not designated as a disaster county during the LAP normal grazing period, applicable, except where those in their own right will not receive whether more than the normal acreage definitions conflict with the definitions benefits under this subpart. of grazing land was required to support set forth in this subpart, in which case (2) Grazing losses must have occurred livestock during the LAP normal grazing the definitions in this section will on native and improved pasture with period, and whether supplemental apply. permanent vegetative cover and other feeding of livestock began earlier or later Application means the Livestock crops planted specifically for the sole than normal. Assistance Program Application. The purpose of providing grazing for (c) Livestock producers shall certify as Application is available at FSA county livestock, but such losses do not include to the accuracy of all the information offices. losses on, or with respect to, land contained in the application, and seeded to small grain forage crops. provide any other information that CCC Disaster county means a county (d) The percentage of loss eligible for included in the geographic area covered determines to be necessary to determine compensation shall not exceed the the livestock producer’s eligibility. by a qualifying natural disaster maximum percentage of grazing loss for declaration approved in calendar year the county as determined by the FSA § 1439.105 County committee 2003 or calendar year 2004, with respect county committee and not be greater determinations of general applicability. to losses which occurred no earlier than than 80 percent; and (a) FSA county committees shall January 1, 2003, and no later than (e) The FSA county committee shall determine whether due to natural December 31, 2004. The eligible disaster determine the producer’s grazing loss disasters their county has suffered a 40- county is only the primary county and shall consider the amount of percent loss affecting pasture and where the disaster occurred and does available grazing production during the normal grazing crops for at least 3 not include a contiguous county which LAP normal grazing period, whether consecutive months during LAP crop is not itself a disaster county. more than the normal acreage of grazing year during calendar year 2003 for 2003 Livestock means beef and dairy cattle, land was required to support livestock eligibility and during calendar year elk, reindeer, bison and beefalo (when during the LAP normal grazing period, 2004 for 2004 eligibility. In making this maintained on the same basis as beef and whether supplemental feeding of determination, FSA county committees, cattle), sheep, goats, swine, and equine livestock began earlier or later than using the best information available animals where such equine animals are normal. The FSA county committee from sources including but not limited used commercially for human food or shall request the producer to provide to: The Extension Service, the Natural kept for the production of food or fiber proof of loss of grazing production if the Resources Conservation Service; the on the owner’s farm. FSA county committee determines the Drought Monitor; the Palmer Drought Production year means calendar year. producer’s certified loss exceeds other Index; and general knowledge of local Qualifying natural disaster similarly situated livestock producers. rainfall data, pasture losses, grazing declaration means: (f) The percentage of loss claimed by livestock movement out of county, (1) A natural disaster declared by the a livestock producer shall not exceed abnormal supplemental feeding Secretary under section 321(a) of the the maximum allowable percentage of practices for livestock on pasture and Consolidated Farm and Rural grazing loss for the county as liquidation of grazing livestock, shall Development Act (7 U.S.C. 1961(a)); or determined by the FSA county determine the percentage of grazing
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losses for pastures on a county-wide (c) An owner, or cash or share lessee, (4) The number of eligible animals of basis. The FSA county committee shall or contractor of livestock who uses each type and weight range of livestock submit rainfall data, percentage of another person to provide pasture or owned or leased by the person; by grazing losses for each general type of grazing land on a rate-of-gain basis is (5) The percent of the producer’s pasture, and the weighted average not considered to be a livestock grazing loss during the relevant period percentage of grazing loss for the producer eligible to apply for benefits as certified by the producer and county, to the FSA State committee for under this subpart. approved by the FSA county committee concurrence. The maximum grazing (d) An owner who pledges livestock in accordance with § 1439.105. losses the FSA county committees shall as security for a loan shall be considered (c) The total value of lost eligible submit is 80 percent. These as the person eligible to apply for pasture shall be the amounts for each determinations shall be subject to benefits under this subpart if all other type of pasture calculated by: review by the Deputy Administrator. requirements of this part are met. (1) Dividing the number of acres of For purposes of this subpart, such Livestock leased or being purchased each pasture type by the carrying counties are called ‘‘eligible counties.’’ under a contractual agreement that has capacity established for the pasture; and (b) In each eligible county, the FSA been in effect at least 3 months and multiplying: county committee shall determine a establishes an interest for the lessee in (2) The result of paragraph (c)(1) of LAP normal grazing period. The LAP such livestock shall be considered as this section for each pasture type; by normal grazing period shall be that being owned by the lessee. $0.5803379 for 2003 ($0.0369642 × 15.7) period of time in a calendar year that (e) Livestock must have been owned or $0.54108797 for 2004 ($0.0344642 × begins with the date grazing of new or leased by the producer for at least 3 15.7) by: growth pasture normally begins and months before becoming eligible for (3) The applicable number of days in ends on the date grazing without generating a payment. the LAP payment period; by supplemental feeding normally ends in (f) The following entities are not (4) The percent of the producer’s the county. eligible for benefits under this subpart: grazing loss during the relevant period (c) For each eligible county, the FSA (1) State or local governments or as certified by the producer and county committee shall determine subdivisions thereof; or approved by the FSA county committee normal carrying capacities for each type (2) Any individual or entity who is a in accordance with § 1439.105. of grazing or pasture during the LAP foreign person as determined in (d) The final payment shall not normal grazing period. The normal accordance with the provisions of exceed 50 percent of the smaller amount carrying capacity for the LAP normal §§ 1400.501 and 1400.502 of this calculated under paragraphs (b) or (c) of grazing period shall be the normal chapter. this section. carrying capacity the county committee (g) Livestock sold due to disaster (e) If the livestock owner is eligible for determines could be expected from conditions by an eligible producer shall the LAP program and the American pasture and normal grazing crops for be considered as eligible to generate Indian Livestock Feed Program (AILFP) livestock for the LAP normal grazing assistance and may be included in with respect to the same natural period if a natural disaster had not making the calculations in disaster, the livestock owner may elect diminished the production of these § 1439.107(a). to receive payment only for the same grazing crops. year for both programs, either 2003 or § 1439.107 Calculation of assistance. (d) For each eligible county, the FSA 2004. Payments for both programs county committee shall determine the (a) The gross value of LAP assistance cannot be issued for different years to payment period for the county. The determined with respect to a livestock the same producer. payment period for the county shall be producer for each type and weight class (f) Land seeded to small grain forage the period of time during the county’s of livestock owned, leased, contracted, crops shall not be counted as grazing LAP crop year where for 3 consecutive or sold according to § 1439.106 by such land under paragraph (c) of this section months, as applicable, during 2003 or producer shall be the lesser of the with respect to supporting eligible 2004, the carrying capacity for grazing amount calculated under paragraph (b) livestock. land or pasture was reduced by 40 of this section (the total value of lost (g) The number of equine animals that percent or more from the normal feed needs for eligible livestock) or are used to calculate benefits under this carrying capacity. calculated under paragraph (c) of this subpart and in paragraph (a) of this (e) Conservation Reserve Program section (the total value of lost eligible section are limited to the number acres released for haying or grazing and pasture). actually needed to produce food and seeded small grain forage crops shall not (b) The total value of lost feed needs fiber on the producer’s farm or breed be used to calculate losses under this shall be the amount obtained by horses and mules used to produce food subpart. multiplying: and fiber on the owner’s farm, and shall (1) The number of days in the not include animals that are used for § 1439.106 Livestock producer eligibility. payment period the livestock are owned recreational purposes or other non- (a) Only one livestock producer will or, in the case of purchased livestock, covered purposes are running wild or be eligible for benefits under this meet the 3-month ownership uncontrolled on land owned or leased subpart with respect to an individual requirement; by by the owner. animal. (2) The number of pounds of corn- (b) Only owners, cash or share lessees, equivalent per day, as established by § 1439.108 Availability of funds. or contractors of livestock who CCC, that is determined necessary to Subject to the availability of funds, themselves provide the pasture or provide the energy requirements the Secretary shall use such sums as are grazing land, including cash-leased established for the weight class and type necessary of funds of the Commodity pasture or grazing land, for the livestock of livestock; by Credit Corporation to make and may be considered as livestock (3) The 5-year national average market administer payments to livestock producers eligible to apply for benefits price for corn, ($0.0369642 per pound producers for 2003 or 2004 grazing under this subpart. for 2003, or $0.0344642 for 2004); by losses. Such payment shall be made
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after the imposition of applicable section may be waived with respect to (h) Any producer entitled to any payment limitation provisions. refunds required of the owner or other payment may assign any payments in program recipient because of accordance with regulations governing § 1439.109 Additional limitations on unintentional action on the part of the payments. assignment of payment found at part owner or other individual or entity, as 1404 of this chapter. (a) Sections 1439.10 and 1439.11 as in determined by CCC. (i) In those instances in which, prior effect at the time of publication of this (e) Late-payment interest shall be subpart shall apply to the 2003/2004 assessed on all refunds in accordance to the issuance of this regulation, a LAP and shall limit payments with the provisions of, and subject to producer has signed a power of attorney accordingly. the rates prescribed in part 1403 of this for a person or entity indicating that (b) Any person who received chapter. such power shall extend to ‘‘all above payments from section 32 of the Act of (f) Individuals or entities who are a programs’’, without limitation, such August 25, 1935, with respect to 2004 party to any program operated under power will be considered to extend to hurricane losses is not eligible for this part must refund to CCC any excess this program unless by April 14, 2005, payments under this subpart. payments made by CCC with respect to the person granting the power notifies § 1439.110 Appeals. such program. the local FSA office for the control (g) In the event that any request for county that the grantee of the power is Determinations made under this assistance or payment under this part not authorized to handle transactions subpart are subject to reconsideration or was established as a result of erroneous for this program for the grantor. appeal in accordance with parts 780 and information or a miscalculation, the (j) Livestock producers or any other 11 of this title. assistance or payment shall be re- individual or entity seeking or receiving computed and any excess refunded with § 1439.111 Refunds to CCC; joint and assistance under this part shall maintain applicable interest. several liability. and retain records that will permit (a) In the event there is a failure to § 1439.112 Miscellaneous. verification of livestock and grazing for comply with any term, requirement, or (a) Any remedies permitted CCC at least 3 years following the end of the condition for payment or assistance under this part shall be in addition to calendar year in which payment was arising under this part, and if any any other remedy, including, but not made, or for such additional period as refund of a payment to CCC shall limited to criminal remedies, or actions CCC may request. An examination of otherwise become due in connection for damages in favor of CCC, or the such records by a duly authorized with this part, all payments made in United States, as may be permitted by representative of the United States regard to such matter shall be refunded law. Government shall be permitted at any to CCC, together with interest as (b) Absent a scheme or device to time during business hours. determined in accordance with defeat the purpose of the program, CCC paragraph (b) of this section and late- may waive a demand that could (k) A person shall be ineligible to payment charges as provided for in part otherwise be made for refunds. receive assistance under 2003/2004 LAP 1403 of this chapter. (c) Payments under this subpart are and be subject to such other remedies as (b) All signatories on a LAP subject to provisions contained in may be allowed by law, if, with respect application with a financial interest in Subpart A of this part including, but not to the 2003/2004 LAP, it is determined the operation or in an application for limited to, provisions concerning by the FSA State or county committee payment shall be jointly and severally misrepresentations, payment or an official of FSA that such person liable for any refund including related limitations, and refunds to CCC, liens, has: charges that is determined to be due assignment of payments, and appeals, (1) Adopted any scheme or other CCC for any reason under this part. and maintenance of books and records. device that tends to defeat the purpose (c) Interest shall be applicable to In addition, other parts of this chapter of a program operated under this part; refunds required of the livestock owner and of chapter VII of this title relating or other party receiving assistance or a to payments in event of death, the (2) Made any fraudulent payment if CCC determines that handling of claims, and other matters representation with respect to such payments or other assistance were may apply, as may other provisions of program; or provided to the owner and the owner law and regulation. (3) Misrepresented any fact affecting a was not eligible for such assistance. (d) Any payments not earned that program determination. Such interest shall be charged at the rate have been paid must be returned with Signed in Washington, DC, March 25, of interest that the United States interest subject to such other remedies 2005. Treasury charges CCC for funds, as of as may be allowed by law. the date CCC made such benefits. Such (e) No interest will be paid or accrue Thomas B. Hofeller, interest that is determined to be due on benefits under this subpart that are Acting Executive Vice President, Commodity CCC shall accrue from the date such delayed or otherwise not timely issued Credit Corporation. benefits were made available by CCC to unless otherwise mandated by law. [FR Doc. 05–6336 Filed 3–30–05; 8:45 am] the date of repayment or the date (f) Nothing in this subpart shall BILLING CODE 3410–05–P interest increases in accordance with require a commitment of funds in excess part 1403 of this chapter. CCC may of that determined to be appropriate by waive the accrual of interest if CCC the Deputy Administrator or CCC. determines that the cause of the (g) Payments under this subpart shall erroneous determination was not due to be made without regard to questions of any action of the livestock owner or title under State law and without regard other individual or entity receiving to any claim or lien against the benefits. livestock, or proceeds thereof, in favor (d) Interest otherwise determined due of the owner or any other creditor in accordance with paragraph (c) of this except agencies of the U.S. Government.
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DEPARTMENT OF JUSTICE and the Board of Immigration Appeals FEDERAL DEPOSIT INSURANCE when a respondent has applied for CORPORATION Executive Office for Immigration particular forms of immigration relief Review allowing the alien to remain in the 12 CFR Part 335 United States (including, but not limited RIN 3064–AC88 8 CFR Parts 1003 and 1208 to asylum, adjustment of status to that [Docket No. EOIR 140I] of a lawful permanent resident, Securities of Nonmember Insured cancellation of removal, and Banks RIN 1125–AA44 withholding of removal), in order to AGENCY: Federal Deposit Insurance ensure that the necessary identity, law Background and Security Investigation Corporation (FDIC). in Proceedings Before Immigration enforcement, and security investigations are promptly initiated and have been ACTION: Interim final rule; request for Judges and the Board of Immigration comment. Appeals completed by the Department of Homeland Security prior to the granting SUMMARY: The FDIC is revising its AGENCY: Executive Office for of such relief. See 70 FR 4743. securities disclosure regulations Immigration Review, Justice. It has come to the attention of the applicable to state nonmember banks ACTION: Interim rule; extension of Department and EOIR that the Internet with securities required to be registered comment period. options for submitting e-mail comments under section 12 of the Securities to the interim rule during the original Exchange Act of 1934 (Exchange Act). SUMMARY: On January 31, 2005, the The interim final rule reflects United States Department of Justice, 60-day comment period originally provided with publication of the interim amendments to the Securities Exchange Executive Office for Immigration Act of 1934 made by the Sarbanes-Oxley Review, published an interim rule to rule did not consistently function. Commenters seeking to submit e-mail Act of 2002 (Sarbanes-Oxley Act), and implement regulations covering accommodates certain operational Background and Security Investigations comments via http:// www.regulations.gov received an changes within the FDIC. The rule also in Proceedings Before Immigration incorporates through cross reference automatic message instructing the Judges and the Board of Immigration changes in regulations adopted by the commenter to print out and submit Appeals. The EOIR is extending the Securities Exchange Commission (SEC) comment period for an additional 30- written comments. Further, in several into the provisions of the FDIC’s day period. cases, comments e-mailed directly to securities regulations. Incorporation by DATES: Comments must be received on EOIR at [email protected] resulted in reference will assure that the FDIC’s or before May 2, 2005. ‘‘undeliverable’’ return receipts being regulations remain substantially similar ADDRESSES: Please submit written sent to the comment sender. EOIR has to the SEC’s regulations, as required by comment to MaryBeth Keller, General now resolved this technical problem law. Counsel, Executive Office for with its regulations comment e-mail DATES: These amendments are effective Immigration Review (EOIR), 5107 box. on May 31, 2005. Comments must be Leesburg Pike, Suite 2600, Falls Church, Despite these difficulties with the submitted on or before May 31, 2005. Virginia 22041. To ensure proper electronic comment filing options, the ADDRESSES: Interested parties are handling, please reference RIN No. ability to submit written comments to invited to submit written comments to 1125–AA44 or EOIR Docket No. 140I on EOIR throughout this period of time via the FDIC by any of the following your correspondence. You may view an the United States mail was unaffected. methods: electronic version of this rule at http:/ • However, to ensure that the public Federal eRulemaking Portal: http:// /www.regulations.gov. You may also www.regulations.gov. Follow the comment via the Internet to EOIR at has been provided an adequate opportunity to comment on the interim instructions for submitting comments. [email protected] or by using the • rule, EOIR is extending the public Agency Web Site: http:// http://www.regulations.gov comment www.fdic.gov/regulations/laws/federal/ form for this regulations. When comment period by 30 days. The extension of the public comment period propose.html. Follow the instructions submitting comments electronically, for submitting comments on the FDIC does not affect the effective date of the you must include the RIN No. 1125– Web site. interim rule, which remains April 1, AA44 or EOIR Docket No. 140I in the • E-mail: [email protected]. subject box. Comments are available for 2005. Commenters who submitted Include ‘‘Part 335—Securities of public inspection at the above address comments electronically prior to April Nonmember Insured Banks’’ in the by calling (703) 305–0470 to arrange for 1, 2005, are encouraged to resubmit subject line of the message. an appointment. comments electronically or by mail. • Mail: Robert E. Feldman, Executive FOR FURTHER INFORMATION CONTACT: I Accordingly, EOIR is extending the Secretary, Attention: Comments/Legal MaryBeth Keller, General Counsel, comment period and will accept public ESS, Federal Deposit Insurance Executive Office for Immigration comments until May 2, 2005. Corporation, 550 17th Street, NW., Review, 5107 Leesburg Pike, Suite 2600, Washington, DC 20429. Falls Church, Virginia 22041, telephone Dated: March 28, 2005. • Hand Delivery/Courier: Comments (703) 305–1041. Kevin D. Rooney, may be hand-delivered to the guard SUPPLEMENTARY INFORMATION: On Director, Executive Office for Immigration station located at the rear of the FDIC’s January 31, 2005, the Department of Review. 550 17th Street building (accessible Justice (Department), Executive Office [FR Doc. 05–6428 Filed 3–29–05; 8:45 am] from F Street) on business days between for Immigration Review (EOIR), BILLING CODE 4410–30–M 7 a.m. and 5 p.m. published an interim rule that amends Instructions: All submissions received regulations governing removal and other must include the agency name and use proceedings before immigration judges the title ‘‘Part 335—Securities of
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Nonmember Insured Banks.’’ The FDIC former Division of Supervision and the issuers, and other matters) is amended may post comments on its Internet site former Division of Compliance and to add SEC Rule 13k–1 (Foreign bank at: http://www.fdic.gov/regulations/ Consumer Affairs into the Division of exemption from the insider lending laws/federal/propose.html. Comments Supervision and Consumer Protection. prohibition under Section 13(k) of the may be inspected and photocopied in The reorganization also created area Exchange Act) (17 CFR 240.13k–1) and the FDIC Public Information Center, offices in Memphis, Tennessee, and to change the title. Room 100, 801 17th Street, NW., Boston, Massachusetts, in place of Section 335.801 (Inapplicable SEC Washington, DC, between 9 a.m. and regional offices in those cities, and title regulations; FDIC substituted 4:30 p.m. on business days. changes for officials in the FDIC regulations; additional information) is FOR FURTHER INFORMATION CONTACT: headquarters and other offices. amended to add section 10A(m) of the Dennis Chapman, Senior Staff II. Section-by-Section Analysis Exchange Act and sections 302, 303, Accountant, Division of Supervision 304, 306, 401(b), 404, 406, and 407 of Part 335 will be amended throughout and Consumer Protection, (202) 898– the Sarbanes-Oxley Act. to reflect the addition of section 10A(m) 8922; Mary Frank, Senior Financial Section 335.901 (Delegation of to the Exchange Act and sections 302, Analyst, Division of Supervision and authority to act on matters with respect 303, 304, 306, 401(b), 404, 406, and 407 Consumer Protection, (202) 898–8903; to disclosure laws and regulations) is of the Sarbanes-Oxley Act in addition to or Mark G. Flanigan, Counsel, Legal amended to reflect certain changes in those sections that the FDIC is currently Division, (202) 898–7426, Federal the organizational structure of the FDIC required to administer and enforce Deposit Insurance Corporation, 550 17th and to shorten the title. under section 12(i) of the Exchange Act. Street, NW., Washington, DC 20429. Section 335.101(b) will be amended to III. Request for Comments SUPPLEMENTARY INFORMATION: clarify that part 335 generally The FDIC requests comments on all I. Background incorporates through cross reference the aspects of the rule changes. Commenters regulations of the SEC as these Section 12(i) of the Exchange Act, as who suggest that the FDIC modify the regulations are routinely issued, revised, requirements of the SEC’s rules, amended (15 U.S.C. 781(i)), authorizes or updated from time to time by the SEC the FDIC to issue regulations applicable regulations, and forms for state under sections 10A(m), 12, 13, 14, and nonmember banks should support their to the securities of state nonmember 16 of the Exchange Act and sections banks that are substantially similar to request by demonstrating how such 302, 303, 304, 306, 401(b), 404, 406, and modification would satisfy the those of the SEC with respect to its 407 of the Sarbanes-Oxley Act, except as powers, functions, and duties to requirements of section 12(i) of the provided at section 335.801 of this part. Exchange Act. administer and enforce sections 10A(m) New section 335.121 (Listing (standards relating to audit committees), Comments are also welcome on the standards relating to audit committees) general organization of part 335. 12 (securities registration), 13 (periodic will specifically incorporate by reporting), 14(a) (proxies and proxy reference the SEC rule 10A–3 (17 CFR IV. Regulatory Analysis and Procedure solicitation), 14(c) (information 240.10A–3), adopted pursuant to section a. Administrative Procedure Act statements), 14(d) (tender offers), 14(f) 10(A)(m) of the Exchange Act and (arrangements for changes in directors), Section 301 of the Sarbanes-Oxley Act, Public Comment Waiver and Effective and 16 (beneficial ownership and which prohibits any national securities Date. Pursuant to the Administrative reporting) of the Exchange Act, and exchange and national securities Procedure Act, 5 U.S.C. 553(b) (APA), sections 302 (corporate responsibility association from listing the securities of the FDIC finds good cause to issue this for financial reports), 303 (improper an issuer that fails to comply with interim final rule without first seeking influence on conduct of audits), 304 specific audit committee requirements public comment. Section 553(b) of the (forfeiture of certain bonuses and including member independence, APA does not apply to rules of agency profits), 306 (insider trades during oversight, complaint procedures, organization, procedure, or practice, or blackout periods), 401(b) (disclosure of engagement of counsel and other when the agency for good cause finds pro forma financial information), 404 advisors, and funding. that notice and public comment on the (management assessment of internal Section 335.201 (Securities exempted rules being promulgated are impractical controls), 406 (code of ethics for senior from registration) and section 335.261 or unnecessary. The Exchange Act financial officers), and 407 (disclosure (Exemptions; terminations and requires that the FDIC issue regulations of audit committee financial expert) of definitions) will add SEC Rule 12h–5 substantially similar to those of the SEC the Sarbanes-Oxley Act (codified at 15 (Exemption for subsidiary issuers of or publish its reasons for not doing so. U.S.C. 7241, 7242, 7243, 7244, 7261, guaranteed securities and subsidiary Certain portions of 12 CFR 335 that are 7262, 7264, and 7265), in regard to the guarantors) (17 CFR 240.12h–5). being amended are organizational; other depository institutions for which it is Section 335.211 (Registration and portions result from amendments to the primary federal regulator. These reporting) will add SEC Rule 17 CFR section 12(i) of the Exchange Act or the regulations must be substantially similar 240.12b–37 (Satisfaction of filing adoption of regulations by the SEC that to the regulations of the SEC under the requirements). were published in proposed form by the listed sections of the Exchange Act and Section 335.221 (Forms for SEC. For these reasons, the FDIC finds the Sarbanes-Oxley Act, unless the FDIC registration of securities and similar that providing notice and an publishes its reasons for deviating from matters) adds new subparagraph (d) to opportunity for public comment on the SEC’s rules. The amendments to this adopt the requirements of SEC these rules is unnecessary. part incorporate amendments to the Regulation FD (Fair Disclosure) (17 CFR Although notice and comment are not Exchange Act, and changes to the SEC 243.100 through 243.103), which is required, we are nonetheless interested regulations, including the adoption of designed to address problems of in receiving any comments that may Regulation FD (Fair Disclosure). selective disclosure of material improve these rules. We therefore In addition, certain changes to information by reporting entities. request comments on all aspects of this delegations of authority in part 335 Section 335.331 (Acquisition interim final rule. Following the result from FDIC’s internal merger of the statements, acquisition of securities by comment period, the FDIC will consider
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any comments, make any necessary refer to the FDIC unless the context under sections 13(d) and 13(e) of the changes, and finalize the amendments. otherwise requires. Exchange Act shall be followed as I b. Paperwork Reduction Act 3. Section 335.121 is added to read as codified at 17 CFR 240.13d–1 through follows: 240.13e–102 and 240.13k–1. This rule contains no new collections of information as defined by the § 335.121 Listing standards related to I 9. Section 335.801 is amended by Paperwork Reduction Act. audit committees. revising paragraph (a) to read as follows: The provisions of the applicable SEC c. Regulatory Flexibility Act regulation under section 10(A)(m) of the § 335.801 Inapplicable SEC regulations; A regulatory flexibility analysis is Exchange Act shall be followed as FDIC substituted regulations; additional information. required only when the agency must codified at 17 CFR 240.10A–3. publish a notice of proposed rulemaking I 4. Section 335.201 is revised to read as (a) Filing fees. Filing fees will not be (5 U.S.C. 603, 604). Because the follows: charged relative to any filings or revisions to part 335 are published in submissions of materials made with the interim final form without a notice of § 335.201 Securities exempted from FDIC pursuant to the cross reference to proposed rulemaking, no regulatory registration. regulations of the SEC issued under flexibility analysis is required. Persons subject to registration sections 10A(m), 12, 13, 14, and 16 of requirements under Exchange Act d. Small Business Regulatory the Securities Exchange Act of 1934 (15 section 12 and subject to this part shall Enforcement Fairness Act U.S.C. 78), sections 302, 303, 304, 306, follow the applicable and currently 401(b), 404, 406, and 407 of the The Small Business Regulatory effective SEC regulations relative to Enforcement Fairness Act (5 U.S.C. 801 Sarbanes-Oxley Act of 2002 (15 U.S.C. exemptions from registration issued 7241, 7242, 7243, 7244, 7261, 7262, et seq.) (SBREFA) provides generally for under sections 3 and 12 of the Exchange 7264, and 7265), and this part. agencies to report rules to Congress and Act as codified at 17 CFR 240.3a12–1 for Congress to review these rules. The through 240.3a12–11, 240.12a–4 * * * * * reporting requirement is triggered in through 240.12a–9, and 240.12g–1 I 10. Section 335.901 is amended by instances where the FDIC issues a final through 240.12h–5. revising the section heading and rule as defined by the Administrative I 5. Section 335.211 is revised to read as paragraph (a) as follows: Procedure Act (APA). Because the FDIC follows: is issuing a final rule as defined by the § 335.901 Delegation of authority to act on § 335.211 Registration and reporting. APA, the FDIC will file the reports matters with respect to disclosure laws and required by SBREFA. Persons with securities subject to regulations. registration under Exchange Act List of Subjects in 12 CFR 335 sections 12(b) and 12(g), required to (a) Except as provided in paragraph Accounting, Banks, Banking, report under Exchange Act section 13, (b) of this section, authority is delegated Confidential business information, and subject to this part shall follow the to the Director, Division of Supervision Reporting and recordkeeping applicable and currently effective SEC and Consumer Protection (DSC), and requirements, Securities. regulations issued under section 12(b) of where confirmed in writing by the I The Board of Directors of the Federal the Exchange Act as codified at 17 CFR director, to a deputy director or an Deposit Insurance Corporation hereby 240.12b–1 through 240.12b–37. associate director, or to the appropriate amends part 335 to title 12 of the Code I 6. Section 335.221 is amended by regional director or deputy regional of Federal Regulations as follows: adding a new paragraph (d) to read as director or area director, to act on follows: disclosure matters under and pursuant PART 335—SECURITIES OF NON to sections 10A(m), 12, 13, 14(a), 14(c), MEMBER INSURED BANKS § 335.221 Forms for registration of securities and similar matters. 14(d), 14(f) and 16 of the Securities Exchange Act of 1934 (15 U.S.C. 78), I 1. The authority citation for part 335 is * * * * * revised to read as follows: (d) The provisions of the applicable sections 302, 303, 304, 306, 401(b), 404, 406, and 407 of the Sarbanes-Oxley Act Authority: 12 U.S.C. 1819; 15 U.S.C. 78l(i), and currently effective SEC regulation 78m, 78n, 78p, 78w, 7241, 7242, 7243, 7244, FD shall be followed as codified at 17 of 2002 (15 U.S.C. 7241, 7242, 7243, 7261, 7262, 7264, and 7265. CFR 243.100 through 243.103. 7244, 7261, 7262, 7264, and 7265), and I this part. I 2. Section 335.101 is amended by 7. Section 335.261 is revised to read as revising paragraph (b) to read as follows: follows: * * * * * By order of the Board of Directors. § 335.101 Scope of part, authority, and § 335.261 Exemptions; terminations; and OMB control number. definitions. Federal Deposit Insurance Corporation. (b) Part 335 generally incorporates The provisions of the applicable and Dated at Washington, DC, this 18th day of through cross reference the regulations currently effective SEC regulations March, 2005. of the SEC as these regulations are under sections 12(g) and 12(h) of the Robert E. Feldman, Exchange Act shall be followed as issued, revised, or updated from time to Executive Secretary. codified at 17 CFR 240.12g–1 through time under sections 10A(m), 12, 13, [FR Doc. 05–6175 Filed 3–30–05; 8:45 am] 14(a), 14(c), 14(d), 14(f), and 16 of the 240.12h–5. I 8. Section 335.331 is revised to read as BILLING CODE 6714–01–P Exchange Act and sections 302, 303, follows: 304, 306, 401(b), 404, 406, and 407 of the Sarbanes-Oxley Act of 2002 § 335.331 Acquisition statements, (Sarbanes-Oxley Act), except as acquisition of securities by issuers, and provided at § 335.801 of this part. other matters. References to the Commission in the The provisions of the applicable and regulations of the SEC are deemed to currently effective SEC regulations
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DEPARTMENT OF TRANSPORTATION Attention: Rules Docket No. 2003–NE– Arkwin Industries, Inc., that has master 58–AD, 12 New England Executive Park, VG actuators in service with the same Federal Aviation Administration Burlington, MA 01803–5299. LVDTs installed. The same unsafe • By fax: (781) 238–7055. condition described previously for 14 CFR Part 39 • By e-mail: 9-ane- master VG actuators SN APM238AE, [Docket No. 2003–NE–58–AD; Amendment [email protected]. and SNs APM242AE and up is likely to 39–14030; AD 2005–07–06] You can get the service information exist or develop on these additional referenced in this AD from General PMA master VG actuators. We also RIN 2120–AA64 Electric Company via Lockheed Martin received an additional 45 reports of Technology Services, 10525 Chester Airworthiness Directives; General single-channel electrical signal faults. Road, Suite C, Cincinnati, Ohio 45215, Electric Company CF34–8C1 Series The PMA P/N and SNs of the additional telephone (513) 672–8400, fax (513) and CF34–8C5 Series Turbofan master VG actuators are P/Ns 1211508– 672–8422. Engines 002, SN 238AE and SNs 241AE and up. You may examine the AD docket, by These actuators also have GE P/N AGENCY: Federal Aviation appointment, at the FAA, New England 4120T02P02 marked on them. Region, Office of the Regional Counsel, Administration (FAA), DOT. Relevant Service Information ACTION: Final rule; request for 12 New England Executive Park, comments. Burlington, MA. We have reviewed and approved the FOR FURTHER INFORMATION CONTACT: technical contents of GE Alert Service SUMMARY: The FAA is superseding an Robert Grant, Aerospace Engineer, Bulletin (ASB) No. CF34–8C–AL S/B existing airworthiness directive (AD) for Aircraft Certification Office, FAA, 75–A0007, Revision 3, dated February General Electric Company (GE) CF34– Engine and Propeller Directorate, 12 14, 2005, that describes procedures for: 8C1 series and CF34–8C5 series New England Executive Park, • Initial and repetitive reviews of the turbofan engines, with certain serial Burlington, MA; telephone (781) 238– airplane MDC for fault messages from number (SN) master variable geometry 7757; fax (781) 238–7199. the master VG actuator, • (VG) actuators installed. That AD SUPPLEMENTARY INFORMATION: On Reviews of the EICAS for fault currently requires initial and repetitive December 17, 2003, the FAA issued AD messages if the MDC is inoperative, and reviews of the airplane Maintenance 2003–26–05, Amendment 39–13402 (69 • Replacing actuators reported faulty Data Computer (MDC) for master VG FR 2, January 2, 2004). That AD requires by the FADEC. actuator fault messages, and if the MDC initial and repetitive reviews of the is inoperative, reviews of the Engine FAA’s Determination and Requirements airplane Maintenance Data Computer of This AD Indication and Crew Alerting System (MDC) for fault messages for the master (EICAS) for fault messages. That AD also VG actuator, and if the MDC is The unsafe condition described requires replacing actuators reported inoperative, reviews of the Engine previously is likely to exist or develop faulty by the Full Authority Digital Indication and Crew Alerting System on other CF34–8C1 series and CF34– Engine Control (FADEC). This ad (EICAS) for fault messages. That AD also 8C5 series turbofan engines of the same requires those same actions, and requires replacing actuators reported type design. We are issuing this AD to expands the applicability to additional faulty by the Full Authority Digital prevent dual-channel electrical signal actuators by part number (P/N) and SN. Engine Control (FADEC). That AD faults in the VG master actuator, which This AD also prohibits installation of resulted from reports of nine master VG will cause an uncommanded reduction affected master VG actuators onto any actuators with linear variable of thrust to idle with a subsequent loss CF34–8C1 and CF34–8C5 engine after differential transformers (LVDTs) with of the ability to advance thrust above the effective date of this AD. This AD single-channel electrical signal faults idle, and which will result in a results from the need to add to the list sent to the MDC and to the FADEC. One multiengine loss of thrust if dual- of affected parts, master VG actuators of those master VG actuators also channel faults occur on more than one made by parts manufacturer approval experienced a failure of the second engine simultaneously. (PMA). We are issuing this AD to LVDT channel 17 days after the first This AD requires: prevent dual-channel electrical signal single-channel fault report, resulting in • An initial review within 10 days faults in the VG master actuator, which the FADEC commanding the engine after the effective date of the AD, of the will cause an uncommanded reduction power to idle. The manufacturer’s airplane MDC for fault messages for the of thrust to idle with a subsequent loss investigation revealed LVDT coil wire master VG actuator, and if the MDC is of the ability to advance thrust above deformation and breakage, caused by inoperative, a review of the EICAS for idle, and which will result in a thermal expansion of potting material. fault messages, and replacement of multiengine loss of thrust if dual- That condition, if not corrected, could actuators reported faulty by the FADEC. channel faults occur on more than one result in dual-channel electrical signal • The same reviews, repetitively, at engine simultaneously. faults in the VG master actuator, which intervals not to exceed 10 days, and DATES: Effective April 15, 2005. The will cause an uncommanded reduction replacement of actuators reported faulty Director of the Federal Register of thrust to idle with a subsequent loss by the FADEC either before further approved the incorporation by reference of the ability to advance thrust above flight or within 10 days of the first fault of certain publications listed in the idle, and which will result in a occurrence, based on requirements regulations as of April 15, 2005. multiengine loss of thrust if dual- defined in the service information We must receive any comments on channel faults occur on more than one described previously, for the actual fault this AD by May 31, 2005. engine simultaneously. reported. ADDRESSES: Use one of the following • After the effective date of this AD, addresses to comment on this AD: Actions Since We Issued AD 2003–26– do not install any master VG actuator • By mail: Federal Aviation 05 that has a part number and serial Administration (FAA), New England Since we issued AD 2003–26–05, we number listed in this AD onto any Region, Office of the Regional Counsel, have become aware of a PMA holder, engine.
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You must use the service information for practices, methods, and procedures Effective Date described previously to perform the the Administrator finds necessary for (a) This airworthiness directive (AD) actions required by this AD. safety in air commerce. This regulation becomes effective April 15, 2005. is within the scope of that authority FAA’s Determination of the Effective Affected ADs because it addresses an unsafe condition Date that is likely to exist or develop on (b) This AD supersedes AD 2003–26–05, Amendment 39–13402. Since an unsafe condition exists that products identified in this rulemaking requires the immediate adoption of this action. Applicability AD, we have found that notice and (c) This AD applies to General Electric opportunity for public comment before Regulatory Findings Company (GE) CF34–8C1 series and CF34– issuing this AD are impracticable, and We have determined that this AD will 8C5 series turbofan engines, with master that good cause exists for making this not have federalism implications under variable geometry (VG) actuators, GE part amendment effective in less than 30 Executive Order 13132. This AD will number 4120T02P02, serial number (SN) days. APM238AE, and SNs APM242AE and up; not have a substantial direct effect on and Arkwin Industries, Inc. Parts Comments Invited the States, on the relationship between Manufacturer Approval (PMA) part number the national Government and the States, 1211508–002, SN 238AE and SNs 242AE and This AD is a final rule that involves or on the distribution of power and up installed. The Arkwin PMA parts are also requirements affecting flight safety and responsibilities among the various marked with PN 4120T02P02. These engines was not preceded by notice and an levels of government. are installed on, but not limited to, opportunity for public comment; Bombardier Inc. Model CL–600–2C10 (CRJ– For the reasons discussed above, I however, we invite you to send us any 700 & –701) and CL–600–2D24 (CRJ–900) written relevant data, views, or certify that the regulation: airplanes. 1. Is not a ‘‘significant regulatory arguments regarding this AD. Send your Unsafe Condition comments to an address listed under action’’ under Executive Order 12866; 2. Is not a ‘‘significant rule’’ under the (d) This AD results from the need to add ADDRESSES. Include ‘‘AD Docket No. to the list of affected parts, master VG 2003–NE–58–AD’’ in the subject line of DOT Regulatory Policies and Procedures actuators made by parts PMA. We are issuing your comments. If you want us to (44 FR 11034, February 26, 1979); and this AD to prevent dual-channel electrical acknowledge receipt of your mailed 3. Will not have a significant signal faults in the VG master actuator, which comments, send us a self-addressed, economic impact, positive or negative, will cause an uncommanded reduction of stamped postcard with the docket on a substantial number of small entities thrust to idle with a subsequent loss of the number written on it; we will date- under the criteria of the Regulatory ability to advance thrust above idle, and stamp your postcard and mail it back to which will result in a multiengine loss of Flexibility Act. thrust if dual-channel faults occur on more you. We specifically invite comments We prepared a summary of the costs than one engine simultaneously. on the overall regulatory, economic, to comply with this AD and placed it in environmental, and energy aspects of the AD Docket. You may get a copy of Compliance the rule that might suggest a need to this summary by sending a request to us (e) You are responsible for having the modify it. If a person contacts us at the address listed under ADDRESSES. actions required by this AD performed within the compliance times specified unless the verbally, and that contact relates to a Include ‘‘AD Docket No. 2003–NE–58– substantive part of this AD, we will actions have already been done. AD’’ in your request. (f) After the effective date of this AD, do summarize the contact and place the List of Subjects in 14 CFR Part 39 not install any master VG actuators specified summary in the docket. We will in this AD onto any engine. consider all comments received by the Air transportation, Aircraft, Aviation Initial Review closing date and may amend the AD in safety, Incorporation by reference, light of those comments. Safety. (g) Within 10 days after the effective date of this AD, initially review the Maintenance Examining the AD Docket Adoption of the Amendment Data Computer (MDC) fault history, and if the You may examine the AD Docket MDC is inoperative, review the Engine I (including any comments and service Accordingly, under the authority Indication and Crew Alerting System (EICAS) delegated to me by the Administrator, for fault messages, and replace actuators with information), by appointment, between faults reported by the FADEC. Follow the 8 a.m. and 4:30 p.m., Monday through the Federal Aviation Administration amends part 39 of the Federal Aviation review and replacement requirements of Friday, except Federal holidays. See paragraph 3 of the Accomplishment ADDRESSES for the location. Regulations (14 CFR part 39) as follows: Instructions of GE Alert Service Bulletin (ASB) No. CF34–8C–AL S/B 75–A0007, Authority for This Rulemaking PART 39—AIRWORTHINESS Revision 3, dated February 14, 2005. DIRECTIVES Title 49 of the United States Code Repetitive Review specifies the FAA’s authority to issue I 1. The authority citation for part 39 rules on aviation safety. Subtitle I, (h) At intervals not to exceed 10 days, continues to read as follows: repetitively review the MDC fault history, Section 106, describes the authority of Authority: 49 U.S.C. 106(g), 40113, 44701. and if the MDC is inoperative, review the the FAA Administrator. Subtitle VII, EICAS for fault messages, and replace Aviation Programs, describes in more § 39.13 [Amended] actuators with faults reported by the FADEC. detail the scope of the Agency’s Follow the review and replacement authority. I 2. The FAA amends § 39.13 by requirements of paragraph 3 of the We are issuing this rulemaking under removing Amendment 39–13402, 69 FR Accomplishment Instructions of GE ASB No. the authority described in Subtitle VII, 2, January 2, 2004, and by adding a new CF34–8C–AL S/B 75–A0007, Revision 3, Part A, Subpart III, Section 44701, airworthiness directive, Amendment 39– dated February 14, 2005. ‘‘General requirements.’’ Under that 14030, to read as follows: Optional Terminating Action section, Congress charges the FAA with 2005–07–06 General Electric Company: (i) Replacing an affected master VG promoting safe flight of civil aircraft in Amendment 39–14030. Docket No. Actuator with a master VG actuator not air commerce by prescribing regulations 2003–NE–58–AD. specified in this AD is terminating action for
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the repetitive inspections requirement DEPARTMENT OF TRANSPORTATION (telephone (800) 647–5227) is located on specified in paragraph (h) of this AD for that the plaza level of the Nassif Building at actuator. Federal Aviation Administration the U.S. Department of Transportation, Credit for Actions Previously Completed 400 Seventh Street SW., room PL–401, 14 CFR Part 39 Washington, DC. This docket number is (j) Inspections completed before the FAA–2004–18876; the directorate effective date of this AD using GE ASB No. [Docket No. FAA–2004–18876; Directorate identifier for this docket is 2003–NM– CF34–8C–AL S/B 75–A0007, Revision 1 Identifier 2003–NM–254–AD; Amendment dated November 7, 2003; or Revision 2 dated 39–14032; AD 2005–07–08] 254–AD. FOR FURTHER INFORMATION CONTACT: December 16, 2004; or Revision 3 dated RIN 2120–AA64 February 14, 2005; are acceptable for Dennis Stremick, Aerospace Engineer, compliance with the corresponding Airworthiness Directives; Boeing Airframe Branch, ANM–120S, FAA, inspection in this AD. Model 757–200 and –200PF Series Seattle Aircraft Certification Office, Airplanes 1601 Lind Avenue, SW., Renton, Alternative Methods of Compliance Washington 98055–4056; telephone (k) The Manager, Engine Certification AGENCY: Federal Aviation (425) 917–6450; fax (425) 914–6590. Office, has the authority to approve Administration (FAA), Department of SUPPLEMENTARY INFORMATION: The FAA alternative methods of compliance for this Transportation (DOT). proposed to amend 14 CFR Part 39 with AD if requested using the procedures found ACTION: Final rule. an AD for certain Boeing Model 757– in 14 CFR 39.19. 200 and -200PF series airplanes. That Special Flight Permits SUMMARY: The FAA is adopting a new action, published in the Federal airworthiness directive (AD) for certain (l) Under 39.23, we impose the following Register on August 17, 2004 (69 FR conditions and limitations on the issuance Boeing Model 757–200 and –200PF 51015), proposed to require repetitive and use of Special Flight Permits for this AD: series airplanes. This AD requires inspections and audible tap tests of the (1) If both engines report FADEC fault 1 repetitive inspections and audible tap upper and lower skins of the trailing messages at the same time, whether tests of the upper and lower skins of the edge wedges on certain slats, and intermittent or continuous, review the MDC trailing edge wedges on certain slats, related investigative and corrective for master VG actuator faults before further and related investigative and corrective actions if necessary. The proposed AD flight. If actuator faults are still present for actions if necessary. This AD also also provided an optional terminating both engines, then replace at least one master provides an optional terminating action action for the repetitive inspections and VG actuator before further flight. for the repetitive inspections and audible tap tests. (2) If a master VG actuator switches audible tap tests. This AD is prompted channels, replace the actuator before further by a report of damage to the No. 4 Comments flight. leading edge slat. We are issuing this We provided the public the Material Incorporated by Reference AD to prevent delamination of the opportunity to participate in the development of this AD. We have (m) You must use GE Alert Service Bulletin leading edge slats, possible loss of considered the comments that have No. CF34–8C–AL S/B 75–A0007, Revision 3, pieces of the trailing edge wedge dated February 14, 2005, to perform the assembly during flight, reduction of the been submitted on the proposed AD. reviews and actuator dispositions required by reduced maneuver and stall margins, Supportive Comment this AD. The Director of the Federal Register and consequent reduced controllability One commenter supports the approved the incorporation by reference of of the airplane. proposed AD. GE Alert Service Bulletin No. CF34–8C–AL DATES: This AD becomes effective May S/B 75–A0007, Revision 3, dated February 5, 2005. Request To Correct Typographical 14, 2005, under 5 U.S.C. 552(a) and 1 CFR The incorporation by reference of a Error in Applicability part 51. You can get a copy from General certain publication listed in the AD is Electric Company via Lockheed Martin One commenter requests that the approved by the Director of the Federal typographical error in paragraph (c), Technology Services, 10525 Chester Road, Register as of May 5, 2005. Suite C, Cincinnati, Ohio 45215, telephone Applicability, of the proposed AD, be (513) 672–8400, fax (513) 672–8422. You may ADDRESSES: For service information corrected. The Applicability in the review copies at the Federal Aviation identified in this AD, contact Boeing proposed AD states that the AD applies Administration (FAA), New England Region, Commercial Airplanes, P.O. Box 3707, to Boeing Model 737–200 and –200F Office of the Regional Counsel, 12 New Seattle, Washington 98124–2207. You series airplanes, as listed in Boeing England Executive Park, Burlington, MA can examine this information at the Alert Service Bulletin 757–57A0063, 01803–5299; or at the National Archives and National Archives and Records dated June 26, 2003. The commenter Records Administration (NARA). For Administration (NARA). For states that the reference to Model 737– information on the availability of this information on the availability of this 200 and –200F series airplanes should material at NARA, call 202–741–6030, or go material at NARA, call (202) 741–6030, be corrected to avoid confusion between _ to: http://www.archives.gov/federal register/ or go to: http://www.archives.gov/ the referenced service bulletin and code_of_federal_regulations/ _ _ federal register/ proposed AD. ibr locations.html. code_of_federal_regulations/ We agree and the Applicability Related Information ibr_locations.html. section of this AD has been corrected to (n) None. Docket: The AD docket contains the reference ‘‘Boeing Model 757–200 and proposed AD, comments, and any final –200PF series airplanes identified in Issued in Burlington, Massachusetts, on disposition. You can examine the AD Boeing Alert Service Bulletin 757– March 23, 2005. docket on the Internet at http:// 57A0063. * * *’’ We discovered this Peter A. White, dms.dot.gov, or in person at the Docket error after the proposed AD was Acting Manager, Engine and Propeller Management Facility office between 9 published. We find that our intent in the Directorate, Aircraft Certification Service. a.m. and 5 p.m., Monday through proposed AD was clear, as all other [FR Doc. 05–6247 Filed 3–30–05; 8:45 am] Friday, except Federal holidays. The references throughout the proposed AD BILLING CODE 4910–13–P Docket Management Facility office were correct, and the referenced service
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bulletin applies to Boeing Model 757– AD is unclear with respect to these 91–22–51 has different line numbers 200 and –200PF series airplanes. Thus, configurations, and recommends that from those in this AD. The applicability we find no reason to re-open the we revise the proposed AD to clearly for that AD is Boeing Model 757 series comment period. state the applicability with respect to airplanes, line numbers 140 through Request To Clarify Applicability the various configurations resulting 335. We have not changed this AD from the aforementioned airworthiness regarding this issue. The Air Transport Association (ATA) directives and service bulletins. states that its member airlines concur Request To Give Credit for Actions with the intent of the proposed AD, but We do not agree that the applicability Accomplished Previously that the applicability of the proposed of this AD requires revision. The AD is unclear. The commenter notes applicability of this AD states that the One commenter requests that the that actions specified in the proposed AD applies to Boeing Model 757–200 proposed AD be revised to indicate that AD overlap or duplicate the and -200PF series airplanes, certificated actions accomplished previously in requirements of AD 90–23–06, in any category, identified in Boeing accordance with Boeing Service Bulletin amendment 39–6794. The commenter Alert Service Bulletin 757–57A0063, 757–57A0038 or 757–57A0045 are also states that several slat wedge dated June 26, 2003. The effectivity in acceptable for compliance with the configurations exist in in-service that service bulletin is all Boeing Model requirements of the proposed AD. The airplanes as a result of AD 91–22–51, 757 series airplanes with line numbers commenter states that the actions amendment 39–8129, and several other 1 through 139 inclusive. This AD described in those service bulletins have service bulletins that address trailing addresses line numbers 1 through 139 the same results as the actions described edge wedges. The commenter contends inclusive, regardless of configuration. in Boeing Alert Service Bulletin 757– that the applicability of the proposed Also, the airplane applicability for AD 57A0063, dated June 26, 2003.
SERVICE BULLETINS WITH SIMILAR ACTIONS
As the appropriate source of Service Bulletin— Dated— Is cited in— service information for—
Boeing Alert Service Bulletin 757– June 26, 2003 ...... The proposed AD ...... Inspecting, repairing, and re- 57A0063. placing trailing edge wedges. Boeing Service Bulletin 757–57A0038, October 10, 1990 ...... AD 90–23–06, amendment 39– Inspecting, repairing, and re- Revision 2. 6794. placing trailing edge wedges. Boeing Service Bulletin 757–57A0045 ...... October 16, 1991 ...... AD 91–22–51, amendment 39– Repetitive detailed inspections 8129. of the trailing edge wedges of slats 1 through 4 and 7 through 10.
We agree that accomplishment of the Request To Revise Compliance Time for the subject unsafe condition, the actions specified in Boeing Service Repetitive Inspections and Tests manufacturer’s recommended Bulletin 757–57A0038, Revision 5, compliance time, and the practical One commenter requests an extension dated July 16, 1992, or Revision 6, dated aspect of accomplishing the required of the compliance time from 18 months inspections within a period of time that November 10, 1994, only, are acceptable to 24 months for the repetitive detailed for compliance with the requirements of corresponds to the normal scheduled inspections and audible tap tests of the maintenance program for most affected this AD. We do not agree that upper and lower skins of the trailing accomplishment of the actions specified operators. However, according to the edge wedges. The commenter states that provisions of paragraph (k) of this AD, in Boeing Service Bulletin 757–57A0045 it performs maintenance checks (‘‘C- is acceptable for compliance with the we may approve a request to adjust the checks’’) on its fleet every 24 months. compliance time if the request includes requirements of this AD. As stated The commenter also states that a previously, the applicability of AD 91– data that prove that the new compliance compliance time of 18 months would time would provide an acceptable level 22–51 is Boeing Model 757 series require special maintenance visits in of safety. airplanes, line numbers 140 through 335 addition to the normally scheduled ‘‘C- inclusive, and the applicability of this checks,’’ and the associated costs and Explanation of Additional Change to AD is line numbers 1 through 139 downtime would be considerable. The This AD inclusive. commenter has reviewed its Since the publication of the proposed We have included a new paragraph maintenance program, and the subject AD, Boeing has received a Delegation (h) in this AD, and reidentified the slats are currently inspected every 48 Option Authorization (DOA). We have months. A review of the associated subsequent paragraphs accordingly. revised this AD to delegate the authority maintenance task cards did not reveal Paragraph (h) specifies that to approve an AMOC for any repair any discrepancies. The commenter accomplishment of the actions in the required by this AD to the Authorized notes that this change to the proposed Representative for the Boeing DOA Accomplishment Instructions of Boeing AD would prevent operators from Service Bulletin 757–57A0038, Revision Organization rather than the Designated having to request approval of an AMOC Engineering Representative. 5 or Revision 6 only, in conjunction for the proposed AD. with the use of BMS 5–137 adhesive, is We do not agree with the commenter’s Conclusion acceptable for compliance with the request to extend the compliance time. We have carefully reviewed the requirements of this AD. In developing an appropriate available data, including the comments compliance time for this AD, we that have been submitted, and considered the urgency associated with determined that air safety and the
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public interest require adopting the AD burden on any operator nor increase the Costs of Compliance with the changes described previously. scope of the AD. This AD affects about 139 airplanes We have determined that these changes worldwide. The following table will neither increase the economic provides the estimated costs for U.S. operators to comply with this AD.
ESTIMATED COSTS
Average Number Work labor Cost per of U.S.- Action hours rate per Parts airplane registered Fleet cost hour airplanes
Inspection test, per inspection 6 (1 work hour per $65 None .. $390, per inspection/ 97 $37,830, per inspec- cycle. slat, 6 slats per air- test cycle. tion/test cycle plane.).
Authority for This Rulemaking a location to examine the regulatory the compliance times specified, unless the evaluation. actions have already been done. Title 49 of the United States Code specifies the FAA’s authority to issue List of Subjects in 14 CFR Part 39 Repetitive Inspections and Tests rules on aviation safety. Subtitle I, Air transportation, Aircraft, Aviation (f) Within 18 months after the effective Section 106, describes the authority of safety, Incorporation by reference, date of this AD: Do a detailed inspection and the FAA Administrator. Subtitle VII, Safety. an audible tap test of the upper and lower Aviation Programs, describes in more skins of the trailing edge wedges on slats No. detail the scope of the Agency’s Adoption of the Amendment 2 through No. 4 inclusive and No. 7 through No. 9 inclusive, for evidence of damage or authority. I Accordingly, under the authority cracking, in accordance with the We are issuing this rulemaking under delegated to me by the Administrator, the authority described in Subtitle VII, Accomplishment Instructions of Boeing Alert the FAA amends 14 CFR part 39 as Service Bulletin 757–57A0063, dated June Part A, Subpart III, Section 44701, follows: ‘‘General requirements.’’ Under that 26, 2003. Repeat the detailed inspection and audible tap test thereafter at intervals not to section, Congress charges the FAA with PART 39—AIRWORTHINESS exceed 18 months. promoting safe flight of civil aircraft in DIRECTIVES air commerce by prescribing regulations Note 1: For the purposes of this AD, a I 1. The authority citation for part 39 detailed inspection is: ‘‘An intensive for practices, methods, and procedures continues to read as follows: examination of a specific item, installation, the Administrator finds necessary for Authority: 49 U.S.C. 106(g), 40113, 44701. or assembly to detect damage, failure, or safety in air commerce. This regulation irregularity. Available lighting is normally is within the scope of that authority § 39.13 [Amended] supplemented with a direct source of good because it addresses an unsafe condition I 2. The FAA amends § 39.13 by adding lighting at an intensity deemed appropriate. that is likely to exist or develop on Inspection aids such as mirror, magnifying products identified in this rulemaking the following new airworthiness lenses, etc., may be necessary. Surface action. directive (AD): cleaning and elaborate procedures may be 2005–07–08 Boeing: Amendment 39–14032. required.’’ Regulatory Findings Docket No. FAA–2004–18876; We have determined that this AD will Directorate Identifier 2003–NM–254–AD. Related Investigative and Corrective Actions not have federalism implications under Effective Date (g) If any damage or cracking is found during any inspection or audible tap test Executive Order 13132. This AD will (a) This AD becomes effective May 5, 2005. not have a substantial direct effect on required by paragraph (f) of this AD: Before the States, on the relationship between Affected ADs further flight, do the related investigative the national government and the States, (b) None. action, if applicable, and replace the affected part with a new trailing edge wedge assembly or on the distribution of power and Applicability responsibilities among the various or repair the affected part, in accordance with (c) This AD applies to Boeing Model 757– the Accomplishment Instructions of Boeing levels of government. 200 and –200PF series airplanes, certificated Alert Service Bulletin 757–57A0063, dated For the reasons discussed above, I in any category, identified in Boeing Alert June 26, 2003. Accomplishing the certify that this AD: Service Bulletin 757–57A0063, dated June replacement terminates the repetitive (1) Is not a ‘‘significant regulatory 26, 2003. inspections and audible tap tests required by action’’ under Executive Order 12866; Unsafe Condition paragraph (f) of this AD for that wedge (2) Is not a ‘‘significant rule’’ under assembly only. (d) This AD was prompted by a report of DOT Regulatory Policies and Procedures damage to the No. 4 leading edge slat. We are Actions Accomplished Previously (44 FR 11034, February 26, 1979); and issuing this AD to prevent delamination of (h) Previous accomplishment of all of the (3) Will not have a significant the leading edge slats, possible loss of pieces actions specified in the Accomplishment economic impact, positive or negative, of the trailing edge wedge assembly during flight, reduction of the reduced maneuver Instructions of Boeing Service Bulletin 757– on a substantial number of small entities 57A0038, Revision 5, dated July 16, 1992; or under the criteria of the Regulatory and stall margins, and consequent reduced controllability of the airplane. Revision 6, dated November 10, 1994; in Flexibility Act. conjunction with the use of BMS 5–137 We prepared a regulatory evaluation Compliance adhesive; is acceptable for compliance with of the estimated costs to comply with (e) You are responsible for having the the inspection requirements of paragraph (f) this AD. See the ADDRESSES section for actions required by this AD performed within of this AD.
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Parts Installation DEPARTMENT OF TRANSPORTATION a proposed airworthiness directive (AD). (i) As of the effective date of this AD, no The proposed AD applies to Rolls-Royce trailing edge wedge assembly having a part Federal Aviation Administration (1971) Limited, Bristol Engine Division number listed in the ‘‘Existing Part Number’’ (RR) model Viper Mk.601–22 turbojet column of the table in paragraph 2.C.3. of 14 CFR Part 39 engines. We published the proposed AD in the Federal Register on October 29, Boeing Alert Service Bulletin 757–57A0063, [Docket No. FAA–2004–18024; Directorate dated June 26, 2003, may be installed on any Identifier 2003–NE–39–AD; Amendment 39– 2004 (69 FR 63104). That action airplane unless it has been inspected, tested, 14034; AD 2005–07–10] proposed to require reducing the life of and had any necessary corrective actions certain 1st stage turbine rotor blades accomplished in accordance with this AD. RIN 2120–AA64 from 7,000 hours TIS to 4,600 hours TIS, provide a drawdown schedule for Optional Terminating Action Airworthiness Directives; Rolls-Royce blades that have already exceeded the (j) Replacing all trailing edge wedge (1971) Limited, Bristol Engine Division new reduced life limit, and change assemblies with new, improved wedge Model Viper Mk.601–22 Turbojet certain compliance times to be in assemblies in accordance with Part III of the Engines agreement with RR ASB No. 72–A184, Accomplishment Instructions of Boeing Alert AGENCY: Federal Aviation dated January 2001. Service Bulletin 757–57A0063, dated June 26, 2003, terminates the requirements of Administration (FAA), DOT. Examining the AD Docket ACTION: Final rule. paragraph (f) of this AD. You may examine the docket that Alternative Methods of Compliance SUMMARY: The FAA is superseding an contains the AD, any comments (AMOCs) existing airworthiness directive (AD) for received, and any final disposition in (k)(1) The Manager, Seattle Aircraft Rolls-Royce (1971) Limited, Bristol person at the DMS Docket Offices Certification Office (ACO), FAA, has the Engine Division (RR) model Viper between 9 a.m. and 5 p.m., Monday authority to approve AMOCs for this AD, if Mk.601–22 turbojet engines. That AD through Friday, except Federal holidays. requested in accordance with the procedures currently requires reducing the life of The Docket Office (telephone (800) 647– found in 14 CFR 39.19. certain 1st stage turbine rotor blades 5227) is located on the plaza level of the (2) An AMOC that provides an acceptable from 7,000 hours time-in-service (TIS) Department of Transportation Nassif level of safety may be used for any repair to 4,600 hours TIS, and provides a Building at the street address stated in required by this AD, if it is approved by an drawdown schedule for blades that have ADDRESSES. Comments will be available Authorized Representative for the Boeing already exceeded the new reduced life in the AD docket shortly after the DMS Delegation Option Authorization limit. This AD requires the same actions receives them. Organization who has been authorized by the but changes certain compliance times to Comments Manager, Seattle ACO, to make those be in agreement with RR Alert Service findings. For a repair method to be approved, Bulletin (ASB) No. 72–A184, dated We provided the public the the repair must meet the certification basis of January 2001. This AD results from opportunity to participate in the the airplane, and the approval must comments received on AD 2004–13–03, development of this AD. We received no specifically refer to this AD. that the AD is unnecessarily more comments on the proposal or on the Material Incorporated by Reference restrictive than the requirements in the determination of the cost to the public. associated RR ASB No. 72–A184. We are Conclusion (l) You must use Boeing Alert Service issuing this AD to prevent multiple Bulletin 757–57A0063, dated June 26, 2003, failures of 1st stage turbine rotor blades We have carefully reviewed the to perform the actions that are required by that could result in a dual-engine available data and determined that air this AD, unless the AD specifies otherwise. shutdown. safety and the public interest require The Director of the Federal Register approves adopting the AD as proposed. the incorporation by reference of this DATES: This AD becomes effective May document in accordance with 5 U.S.C. 552(a) 5, 2005. Costs of Compliance and 1 CFR part 51. For copies of the service ADDRESSES: You can get the service We estimate that 84 RR model Viper information, contact Boeing Commercial information identified in this proposed Mk.601–22 turbojet engines installed on Airplanes, P.O. Box 3707, Seattle, AD from Rolls-Royce Limited, Bristol airplanes of U.S. registry will be affected Washington 98124–2207. For information on Engines Division, Technical the availability of this material at the by this AD. We estimate that no Publications Department CLS–4, P.O. additional labor cost will be incurred to National Archives and Records Box 3, Filton, Bristol, BS34 7QE Administration (NARA), call (202) 741–6030, replace 1st stage turbine rotor blades England; telephone 117–979–1234, fax when done at time of engine overhaul. or go to http://www.archives.gov/ 117–979–7575. _ _ _ _ A replacement set 1st stage turbine rotor federal register/code of federal regulations/ You may examine the AD docket on ibr_locations.html. blades costs about $166,987. Based on the Internet at http://dms.dot.gov or in these figures, we estimate the total cost You may view the AD docket at the Docket Room PL–401 on the plaza level of the Management Facility, U.S. Department of of the AD to U.S. operators to be Nassif Building, 400 Seventh Street, $14,026,950. Transportation, 400 Seventh Street SW., SW., Washington, DC. room PL–401, Nassif Building, Washington, Authority for This Rulemaking DC. FOR FURTHER INFORMATION CONTACT: Ian Dargin, Aerospace Engineer, Engine Title 49 of the United States Code Issued in Renton, Washington, on March Certification Office, FAA, Engine and specifies the FAA’s authority to issue 22, 2005. Propeller Directorate, 12 New England rules on aviation safety. Subtitle I, Ali Bahrami, Executive Park, Burlington, MA 01803– Section 106, describes the authority of Manager, Transport Airplane Directorate, 5299; telephone (781) 238–7178; fax the FAA Administrator. Subtitle VII, Aircraft Certification Service. (781) 238–7199. Aviation Programs, describes in more [FR Doc. 05–6259 Filed 3–30–05; 8:45 am] SUPPLEMENTARY INFORMATION: The FAA detail the scope of the Agency’s BILLING CODE 4910–13–P proposed to amend 14 CFR part 39 with authority.
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We are issuing this rulemaking under We prepared a summary of the costs Affected ADs the authority described in Subtitle VII, to comply with this AD and placed it in (b) This AD supersedes AD 2004–13–03. Part A, Subpart III, Section 44701, the AD Docket. You may get a copy of ‘‘General requirements.’’ Under that this summary at the address listed Applicability section, Congress charges the FAA with under ADDRESSES. (c) This AD applies to Rolls-Royce (1971) promoting safe flight of civil aircraft in Limited, Bristol Engine Division (RR) Model List of Subjects in 14 CFR Part 39 air commerce by prescribing regulations Viper Mk.601–22 turbojet engines. These for practices, methods, and procedures Air transportation, Aircraft, Aviation engines are installed on, but not limited to, the Administrator finds necessary for safety, Safety. Raytheon HS.125 Series 600 and BH.125 safety in air commerce. This regulation Series 600 airplanes. Adoption of the Amendment is within the scope of that authority Unsafe Condition because it addresses an unsafe condition I Accordingly, under the authority that is likely to exist or develop on delegated to me by the Administrator, (d) This AD results from comments products identified in this rulemaking the Federal Aviation Administration received on AD 2004–13–03, that the AD is unnecessarily more restrictive than the action. amends 14 CFR part 39 as follows: requirements in the associated RR Alert Regulatory Findings PART 39—AIRWORTHINESS Service Bulletin (ASB) No. 72–A184. We are We have determined that this AD will DIRECTIVES issuing this AD to prevent multiple failures not have federalism implications under of 1st stage turbine rotor blades that could Executive Order 13132. This AD will I 1. The authority citation for part 39 result in a dual-engine shutdown. continues to read as follows: not have a substantial direct effect on Compliance the States, on the relationship between Authority: 49 U.S.C. 106(g), 40113, 44701. the national government and the States, (e) You are responsible for having the or on the distribution of power and § 39.13 [Amended] actions required by this AD performed within the compliance times specified unless the responsibilities among the various I 2. The FAA amends § 39.13 by actions have already been done. levels of government. removing Amendment 39–13684 69 FR For the reasons discussed above, I 34563, June 22, 2004, and by adding a New Reduced Life Limit certify that this AD: new airworthiness directive, (f) Change the RR Time Limits Manual life (1) Is not a ‘‘significant regulatory Amendment 39–14034, to read as limit for the 1st stage turbine rotor blades, action’’ under Executive Order 12866; follows: (2) Is not a ‘‘significant rule’’ under part numbers (P/Ns) V926000, V926293, and V926319, from 7,000 hours time-in-service DOT Regulatory Policies and Procedures 2005–07–10 Rolls-Royce (1971) Limited, (TIS) to 4,600 hours TIS. (44 FR 11034, February 26, 1979); and Bristol Engine Division: Amendment 39– (3) Will not have a significant 14034 Docket No. FAA–2004–18024; (g) Limit the number of installed engines Directorate Identifier 2003–NE–39–AD. economic impact, positive or negative, with 1st stage turbine rotor blades that exceed 4,600 hours TIS on the effective date on a substantial number of small entities Effective Date of this AD as specified in the following Table under the criteria of the Regulatory (a) This airworthiness directive (AD) 1: Flexibility Act. becomes effective May 5, 2005.
TABLE 1.—INSTALLED ENGINES
On the effective date of this AD, if: Then:
(1) Both engines installed on the airplane have 1st stage turbine rotor Replace the 1st stage turbine rotor blades in the engine that has the blades that exceed 5,800 hours TIS. higher blade life within 50 hours TIS or 6 weeks after the effective date of this AD, whichever occurs first. (2) One engine installed on the airplane has 1st stage turbine rotor Replace the 1st stage turbine rotor blades in the engine that has the blades that exceed 5,800 hours TIS, and the other engine has 1st higher blade life within 100 hours TIS or 4 months after the effective stage turbine rotor blades that exceed 4,600 hours TIS. date of this AD, whichever occurs first. (3) One engine installed on the airplane has 1st stage turbine rotor Replace the 1st stage turbine rotor blades in the engine that has the blades that exceed 5,800 hours TIS, and the other engine has 1st higher blade life within 200 hours TIS or 6 months after the effective stage turbine rotor blades with fewer than 4,600 hours TIS. date of this AD, whichever occurs first. (4) One engine installed on the airplane has 1st stage turbine rotor Replace the 1st stage turbine rotor blades in the engine that has the blades that exceed 4,600 hours TIS, but have fewer than 5,800 higher blade life at 5,800 hours TIS or 6 months after the effective hours TIS, and the other engine has 1st stage turbine rotor blades date of this AD, whichever occurs later. with fewer than 4,600 hours TIS.
(h) No engine may operate with a blade life V926293, or V926319, that exceed 4,600 Related Information exceeding 5,800 hours TIS, applicable hours TIS, except as allowed in Table 1 of (m) Civil Aviation Authority airworthiness beginning 6 months from the effective date of this AD. directive AD 004–01–2001, dated January this AD. (i) No engine may operate with a blade life Alternative Methods of Compliance 2001, also addresses the subject of this AD. exceeding 4,600 hours TIS, applicable (k) The Manager, Engine Certification Issued in Burlington, Massachusetts, on beginning 3 years from the effective date of Office, has the authority to approve March 25, 2005. this AD. alternative methods of compliance for this Jay J. Pardee, Installation of Engines After the Effective AD if requested using the procedures found Manager, Engine and Propeller Directorate, Date of This AD in 14 CFR 39.19. Aircraft Certification Service. (j) After the effective date of this AD, do Material Incorporated by Reference [FR Doc. 05–6342 Filed 3–30–05; 8:45 am] not install any engine that has 1st stage turbine rotor blades, P/Ns V926000, (l) None. BILLING CODE 4910–13–P
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DEPARTMENT OF TRANSPORTATION Aviation Administration, 901 Locust, actions of this nature have not been Kansas City, MO 64106; telephone: controversial and have not resulted in Federal Aviation Administration (816) 329–2524. adverse comments or objections. Unless SUPPLEMENTARY INFORMATION: This a written adverse or negative comment 14 CFR Part 71 amendment to 14 CFR part 71 modifies or a written notice of intent to submit [Docket No. FAA–2005–20576; Airspace the Class E airspace area extending an adverse or negative comment is Docket No. 05–ACE–13] upward from 700 feet above the surface received within the comment period, at Boonville, MO. An examination of the the regulation will become effective on Modification of Class E Airspace; Class E airspace area at Boonville, MO the date specified above. After the close Boonville, MO revealed its legal description is not in of the comment period, the FAA will proper format and it does not comply publish a document in the Federal AGENCY: Federal Aviation Register indicating that no adverse or Administration (FAA), DOT. with airspace requirements for diverse departures from Jesse Viertel Memorial negative comments were received and ACTION: Direct final rule; request for Airport. Extensions to this airspace area confirming the date on which the final comments. and the Jesse Viertel Memorial Airport rule will become effective. If the FAA ARP are also incorrect. In order to does receive, within the comment SUMMARY: This action amends Title 14 period, an adverse or negative comment, Code of Federal Regulations, part 71 (14 comply with airspace requirements set forth in FAA Orders 7400.2E, or written notice of intent to submit CFR 71) by revising Class E airspace at such a comment, a document Boonville, MO. A review of the Class E Procedures for Handling Airspace Matters, and 8260.19C, Flight withdrawing the direct final rule will be airspace area extending upward from published in the Federal Register and a Procedures and Airspace, the city of 700 feet above ground level (AGL) at notice of proposed rulemaking may be Boonville is added to the airport line in Boonville, MO revealed its legal published with a new comment period. description is not in proper format and the legal description, the Jesse Viertel it is not in compliance with established Memorial Airport ARP is amended to Comments Invited airspace criteria. This airspace area is reflect current data and Hallsville Interested parties are invited to enlarged and modified to conform to collocated VOR/tactical air navigational participate in this rulemaking by FAA Orders. The intended effect of this aid (VORTAC) is added. The airspace submitting such written data, views, rule is to provide controlled airspace of area is expanded from a 6.3-mile to a and arguments, as they may desire. appropriate dimensions to protect 6.9-mile radius of Jesse Viertel Comments that provide the factual basis aircraft departing from and executing Memorial Airport. The north extension supporting the views and suggestions ° standard instrument approach is defined in relation to the 013 bearing presented are particularly helpful in procedures (SIAPs) to Jesse Viertel from the Viertel nondirectional radio developing reasoned regulatory ° Memorial Airport. This rule also beacon (NDB) versus the current 012 decisions on the proposal. Comments amends the Jesse Viertel Memorial bearing, is decreased in width from 2.6 are specifically invited on the overall Airport airport reference point (ARP) in to 2.5 miles each side of center and is regulatory, aeronautical, economic, the legal description to reflect current increased in length from 7 miles from environmental, and energy-related data. The area is modified and enlarged the ARP to 7 miles from the NDB. The aspects of the proposal. to conform to the criteria in FAA northeast extension is defined in Communications should identify both ° Orders. relation to the Hallsville VORTAC 249 docket numbers and be submitted in radial, is decreased in width from 3.5 to triplicate to the address listed above. DATES: This direct final rule is effective 2.4 miles each side of center and is on 0901 UTC, July 7, 2005. Comments Commenters wishing the FAA to decreased in length by .4 mile. These acknowledge receipt of their comments for inclusion in the Rules Docket must modifications provide controlled be received on or before May 5, 2005. on this notice must submit with those airspace of appropriate dimensions to comments a self-addressed, stamped ADDRESSES: Send comments on this protect aircraft departing from and postcard on which the following proposal to the Docket Management executing SIAPs to Jesse Viertel statement is made: ‘‘Comments to System, U.S. Department of Memorial Airport and bring the legal Docket No. FAA–2005–20576/Airspace Transportation, Room Plaza 401, 400 description of the Boonville, MO Class Docket No. 05–ACE–13.’’ The postcard Seventh Street, SW., Washington, DC E airspace area into compliance with will be date/time stamped and returned 20590–0001. You must identify the FAA Orders 7400.2E and 8260.19C. This to the commenter. docket number FAA–2005–20576/ area will be depicted on appropriate Airspace Docket No. 05–ACE–13, at the aeronautical charts. Class E airspace Agency Findings beginning of your comments. You may areas extending upward from 700 feet or The regulations adopted herein will also submit comments on the Internet at more above the surface of the earth are not have a substantial direct effect on http://dms.dot.gov. You may review the published in paragraph 6005 of FAA the States, on the relationship between public docket containing the proposal, Order 7400.9M, Airspace Designations the national Government and the States, any comments received, and any final and Reporting Points, dated August 30, or on the distribution of power and disposition in person in the Dockets 2004, and effective September 16, 2004, responsibilities among the various Office between 9 a.m. and 5 p.m., which is incorporated by reference in 14 levels of government. Therefore, it is Monday through Friday, except Federal CFR 71.1. The Class E airspace determined that this final rule does not holidays. The Docket Office (telephone designation listed in this document will have federalism implications under 1–800–647–5527) is on the plaza level be published subsequently in the Order. Executive Order 13132. of the Department of Transportation The FAA has determined that this NASSIF Building at the above address. The Direct Final Rule Procedure regulation only involves an established FOR FURTHER INFORMATION CONTACT: The FAA anticipates that this body of technical regulations for which Brenda Mumper, Air Traffic Division, regulation will not result in adverse or frequent and routine amendments are Airspace Branch, ACE–520A, DOT negative comment and, therefore, is necessary to keep them operationally Regional Headquarters Building, Federal issuing it as a direct final rule. Previous current. Therefore, this regulation—(1)
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is not a ‘‘significant regulatory action’’ That airspace extending upward from 700 number, 1–800–772–1213 or TTY 1– under Executive Order 12866; (2) is not feet above the surface within a 6.9-miles 800–325–0778, or visit our Internet site, radius of Jesse Viertel Memorial Airport and a ‘‘significant rule’’ under DOT ° Social Security Online, at http:// Regulatory Policies and Procedures (44 within 2.5 miles each side of the 013 bearing www.socialsecurity.gov. from the Viertel NDB extending from the 6.9- FR 11034; February 26, 1979); and (3) mile radius of the airport to 7 miles north of SUPPLEMENTARY INFORMATION: does not warrant preparation of a the NDB and within 2.4 miles each side of Background Regulatory Evaluation as the anticipated the Hallsville VORTAC 249° radial extending impact is so minimal. Since this is a from the 6.9-mile radius of the airport to 19.4 Section 412 of the SSPA, Public Law routine matter that will only affect air miles southwest of the VORTAC. 108–203, enacted on March 2, 2004, traffic procedures and air navigation, it * * * * * modifies the provisions of section is certified that this rule, when 202(n) of the Act. Those provisions Issued in Kansas City, MO, on March 22, promulgated, will not have a significant 2005. prohibit the payment of title II benefits economic impact on a substantial to the insured person on a record (and, Rosalyn R. Ward, number of small entities under the in some cases, to dependents or criteria of the Regulatory Flexibility Act. Acting Area Director, Western Flight Services survivors otherwise entitled on that Operations. This rulemaking is promulgated record) when SSA receives notice of the under the authority described in [FR Doc. 05–6388 Filed 3–30–05; 8:45 am] insured person’s deportation or removal Subtitle VII, Part A, Subpart I, Section BILLING CODE 4910–13–M from the United States under the 40103. Under that section, the FAA is provisions of the INA. Section 412 was charged with prescribing regulations to enacted, in part, to conform the Act to assign the use of the airspace necessary SOCIAL SECURITY ADMINISTRATION amendments to the INA enacted April 1, to ensure the safety of aircraft and the 1997, under the Illegal Immigration efficient use of airspace. This regulation 20 CFR Part 404 Reform and Immigrant Responsibility is within the scope of that authority [Regulations No. 4] Act of 1996 (the Immigration Reform since it contains aircraft executing Act), Public Law 104–208. The RIN 0960–AG16 instrument approach procedures to Jesse Immigration Reform Act changed the Viertel Memorial Airport. Nonpayment of Benefits When the terminology, section references and function of many provisions of the INA List of Subjects in 14 CFR Part 71 Social Security Administration Receives Notice That an Insured that, in turn, affect section 202(n) of the Airspace, Incorporation by reference, Person Is Deported or Removed From Act. Navigation (air). the United States The Immigration Reform Act combined into a single removal process Adoption of the Amendment AGENCY: Social Security Administration the formerly separate legal processes for I Accordingly, the Federal Aviation (SSA). deporting and excluding aliens from the Administration amends 14 CFR part 71 ACTION: Final rule. United States. Under this process, aliens as follows: are removed as either deportable or SUMMARY: To implement part of the inadmissible. The Immigration Reform PART 71—DESIGNATION OF CLASS A, Social Security Protection Act of 2004 Act also changed the legal process CLASS B, CLASS C, CLASS D, AND (SSPA), we are revising our regulations applicable to illegal aliens; i.e., those CLASS E AIRSPACE AREAS; that prohibit payment of monthly who are present in the United States AIRWAYS; ROUTES; AND REPORTING benefits and the lump sum death (regardless of how long) without having POINTS payment under title II of the Social been lawfully admitted. Although they Security Act (the Act) when SSA may be apprehended in the United I 1. The authority citation for part 17 receives notice that an insured person is States, illegal aliens are no longer continues to read as follows: deported or removed from the United charged as deportable or subject to the Authority: 49 U.S.C. 106(g), 40103; 40113, States under certain provisions of the deportation process as they had been 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Immigration and Nationality Act (INA). before the Immigration Reform Act. 1963 Comp., p. 389. DATES: These regulations are effective Instead, they are charged as § 71.1 [Amended] March 31, 2005. inadmissible and subject to removal under the process applied to aliens who I 2. The incorporation by reference in 14 Electronic Version are seeking entry into the United States. CFR 71.1 of Federal Aviation The electronic file of this document is With this change, effective April 1, Administration Order 7400.9M, dated available on the date of publication in 1997, illegal aliens no longer met the August 30, 2004, and effective the Federal Register at http:// specific conditions for nonpayment of September 16, 2004, is amended as www.gpoaccess.gov/fr/index.html. It is their title II benefits under section follows: also available on the Internet site for 202(n) of the Act which, from the time Paragraph 6005 Class E airspace areas SSA (i.e., Social Security Online) at of enactment in 1954, applied to extending upward from 700 feet or more http://policy.ssa.gov/pnpublic.nsf/ deported aliens only. above the surface of the earth. LawsRegs. Section 412 of the SSPA amends * * * * * section 202(n) to coordinate with the FOR FURTHER INFORMATION CONTACT: amendments to the INA by: ACE MO E5 Boonville, MO Richard Bresnick, Social Insurance • Replacing the terms ‘‘deportation’’ Boonville, Jesse Viertel Memorial Airport, Specialist, Office of Regulations, Social and ‘‘deported,’’ wherever they appear MO Security Administration, 100 Altmeyer in the text of the statute, with ‘‘removal’’ Lat. 38°56″48′ N., long. 92°40″58′ W.) Building, 6401 Security Boulevard, and ‘‘removed,’’ respectively; Viertel NDB Baltimore, MD 21235–6401, (410) 965– • Changing the reference to the INA Lat. 38°56″58′ N., long. 92°41″03′ W.) 1758 or TTY (410) 966–5609. For citation that specifies the grounds for Hallsville VORTAC information on eligibility or filing for removal of an alien as deportable from Lat. 39°06″49′ N., long. 92°07″42′ W.) benefits, call our national toll-free section 241(a) to section 237(a);
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• Adding to the statute provisions applicable to aliens removed as cause for dispensing with such that prohibit payment of title II deportable; and procedures on the basis that they are retirement or disability benefits to (3) Section 212(a)(6)(A) of the INA, as impracticable, unnecessary, or contrary insured persons who are removed as effective beginning April 1, 1997, to the public interest. inadmissible (under INA section applicable to aliens removed as In the case of these final rules, we 212(a)(6)(A)) on grounds of entering the inadmissible on grounds of illegal entry have determined that, under 5 U.S.C. United States illegally. (This change into the United States. We have left 553(b)(B), good cause exists for effectively maintains the scope and intact the reference to section 241(a) of dispensing with the notice and public basic intent of section 202(n) of the Act, the INA in effect prior to April 1, 1997 comment procedures because such as originally enacted, by preventing (item (1) above) since SSA must procedures are unnecessary. Good cause illegal aliens, once considered continue to apply the deportation exists because these regulations merely deportable and now classified as provisions of the Act, if warranted, to conform our rules to the self- inadmissible under the INA, from any future claims filed on the records of implementing provisions in section 412 avoiding benefit suspension when they number holders who were reported to of the SSPA. Therefore, opportunity for are removed from the United States.) SSA in the past as having been deported prior comment is unnecessary, and we Section 412 includes the following under that section of the immigration are issuing these regulations as final additional changes to section 202(n) of law. rules. • Adding text to §§ 404.464(a)(1)(i)(B) the Act that are not related to the INA In addition, we find good cause for amendments: and (a)(1)(ii)(B) to show that aliens who • were deported under paragraph (1)(E) of dispensing with the 30-day delay in the Specifies that the Secretary of effective date of a substantive rule, Homeland Security (or the U.S. INA section 241(a), in effect prior to April 1, 1997, or removed as deportable provided for by 5 U.S.C. 553(d). These Attorney General) will provide the revisions conform our rules to the notice of deportation or removal under paragraph (1)(E) of section 237(a) of the INA, as amended in 1997, are provision enacted in the SSPA. required to apply the nonpayment However, without these changes, our provisions. (The Attorney General was excepted from the nonpayment provisions only if notice of their rules will conflict with current law and the sole source of these notices to SSA may mislead the public. Therefore, we prior to the creation of the Department deportation or removal was received by SSA from the Secretary of Homeland find that it is in the interest of the public of Homeland Security.); and to make these rules effective upon • Terminates the exception Security or the Attorney General before publication. incorporated into section 202(n) of the March 3, 2004. This is a reference to the Act, as originally enacted in 1954, that amendments effective March 3, 2004 Executive Order 12866 exempted aliens who were deported on under section 412 of the SSPA that end We have consulted with the Office of grounds of smuggling other aliens into the exemption granted under the Management and Budget (OMB) and the United States (under INA section original provisions of section 202(n) to determined that these rules meet the 241(a)(1)(E)) from nonpayment of their aliens deported (or removed as requirements for a significant regulatory title II retirement or disability benefits. deportable) on grounds of smuggling action under Executive Order 12866, as This exception ceases to apply to other aliens into the United States. • amended by Executive Order 13258. deportations (or removals on grounds of Amending § 404.464(b) to improve Thus, they were subject to OMB review. deportability) reported to SSA by the its clarity and more accurately reflect We have also determined that these Secretary of Homeland Security or the certain language in section 202(n)(1)(B) rules meet the plain language U.S. Attorney General after March 2, of the Social Security Act. The relevant requirement of Executive Order 12866, 2004, the date of enactment of the statutory language provides that an alien as amended by Executive Order 13258. SSPA. outside the United States during any part of a given month cannot receive a Regulatory Flexibility Act Explanation of Changes monthly survivor benefit for that month We are revising the regulations in 20 on the record of a deceased insured We certify that these rules will not CFR 404.464 to make them easier for the person in the event that the deceased (if have a significant economic impact on public to understand and to reflect the still alive) could not have been paid a a substantial number of small entities changes to section 202(n) of the Act that retirement or disability benefit for that because they affect only individuals. were enacted under section 412 of the month because of deportation or Thus, a regulatory flexibility analysis as SSPA. This includes: removal under section 202(n)(1)(A) of provided in the Regulatory Flexibility • Under § 404.464(a), adding to the the Social Security Act (as implemented Act, as amended, is not required. reference to the Attorney General of the by § 404.464(a)(1)). Paperwork Reduction Act United States a reference to the • Amending the text in § 404.464(c) Secretary of Homeland Security. These pertaining to the lump sum death These regulations impose no reporting are the current sources of deportation payment to conform with and refer to or recordkeeping requirements subject and removal notices used to apply the the amended provisions under to OMB clearance. provisions under section 202(n); § 404.464(a). (Catalog of Federal Domestic Assistance • Reorganizing § 404.464(a) to show Regulatory Procedures Program Nos. 96.001, Social Security- the specific sections of the INA (prior to Disability Insurance; 96.002, Social Security- and after the 1997 amendments to the Pursuant to section 702(a)(5) of the Retirement Insurance; 96.004, Social INA) under which deportation or Social Security Act, 42 U.S.C. 902(a)(5), Security-Survivors Insurance) SSA follows the Administrative removal must have occurred for List of Subjects in 20 CFR Part 404 nonpayment under section 202(n) to Procedure Act (APA) rulemaking apply. These include: procedures specified in 5 U.S.C. 553 in Administrative practice and (1) Section 241(a) of the INA in effect the development of its regulations. The procedure, Blind, Disability benefits, prior to April 1, 1997; APA provides exceptions to its prior Old-Age, Survivors and Disability (2) Section 237(a) of the INA, as notice and public comment procedures Insurance; Reporting and recordkeeping effective beginning April 1, 1997, when an agency finds there is good requirements, Social Security.
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Dated: January 7, 2005. (b) Dependents or survivors benefits. ADDRESSES: Documents indicated in this Jo Anne B. Barnhart, If an insured person on whose record preamble as being available in the Commissioner of Social Security. you are entitled cannot be paid (or docket are part of docket CGD05–05– I For the reasons set out in the preamble, could not have been paid while still 018 and are available for inspection or we are amending subpart E of part 404 alive) an old-age or disability benefit for copying at the Marine Safety Office 721 of chapter III of title 20 of the Code of a month(s) because of his or her Medical Center Drive, Suite 100, Federal Regulations as set forth below: deportation or removal under paragraph Wilmington, North Carolina 28401 (a)(1) of this section, you cannot be paid between 7:30 a.m. and 3 p.m., Monday PART 404—FEDERAL OLD-AGE, a dependent or survivor benefit on the through Friday, except Federal holidays. SURVIVORS AND DISABILITY insured person’s record for that FOR FURTHER INFORMATION CONTACT: INSURANCE (1950— ) month(s) unless: LCDR Charles A. Roskam II, Chief Port (1) You are a U.S citizen; or Operations (910) 772–2200 or toll free Subpart E—[Amended] (2) You were present in the United (877) 229–0770. I 1. The authority citation for subpart E States for the entire month. (This means SUPPLEMENTARY INFORMATION: of part 404 continues to read as follows: you were not absent from the United States for any period during the month, Regulatory Information Authority: Secs. 202, 203, 204(a) and (e), no matter how short.) We did not publish a notice of 205(a) and (c), 216(1), 223(e), 224, 225, 702(a)(5), and 1129A of the Social Security (c) Lump sum death payment. A lump proposed rulemaking (NPRM) for this Act (42 U.S.C. 402, 403, 404(a) and (e), 405(a) sum death payment cannot be paid on rule. The Coast Guard is promulgating and (c), 416(1), 423(e), 424a, 425, 902(a)(5), the record of a person who died: this security zone regulation to protect and 1320a–8a) and 48 U.S.C. 1801. (1) In or after the month we receive NCSPA Wilmington and the from the Secretary of Homeland surrounding vicinity from threats to I 2. Section 404.464 is revised to read as Security or the Attorney General of the national security. Accordingly, based on follows: United States notice of his or her the military function exception set forth § 404.464 How does deportation or deportation or removal under the in the Administrative Procedure Act, 5 removal from the United States affect the provisions of the INA specified in U.S.C. 553(a)(1), notice-and-comment receipt of benefits? paragraph (a)(1) of this section rulemaking and advance publication are (a) Old-age or disability insurance (excluding the exceptions under not required for this regulation. benefits. (1) You cannot receive an old- paragraphs (a)(1)(i)(A) and (B) and Background and Purpose age or disability benefit for any month (ii)(A) and (B) of this section); and that occurs after the month we receive (2) Before the month in which the Vessels frequenting the North notice from the Secretary of Homeland deceased person was thereafter lawfully Carolina State Port Authority (NCSPA) Security or the Attorney General of the admitted to the United States for Wilmington facility serve as a vital link United States that you were: permanent residence. in the transportation of military (i) Deported under the provisions of munitions, explosives, equipment, and section 241(a) of the Immigration and [FR Doc. 05–6400 Filed 3–30–05; 8:45 am] personnel in support of Department of Nationality Act (INA) that were in effect BILLING CODE 4191–02–P Defense missions at home and abroad. before April 1, 1997, unless your This vital transportation link is deportation was under: potentially at risk to acts of terrorism, (A) Paragraph (1)(C) of that section; or DEPARTMENT OF HOMELAND sabotage and other criminal acts. (B) Paragraph (1)(E) of that section SECURITY Munitions and explosives laden vessels and we received notice of your also pose a unique threat to the safety deportation under this paragraph before Coast Guard and security of the NCSPA Wilmington, March 3, 2004; vessel crews, and others in the maritime (ii) Removed as deportable under the 33 CFR Part 165 and surrounding community should the provisions of section 237(a) of the INA vessels be subject to acts of terrorism or as in effect beginning April 1, 1997, [CGD05–05–018] sabotage, or other criminal acts. The unless your removal was under: RIN 1625–AA87 ability to control waterside access to (A) Paragraph (1)(C) of that section; or vessels laden with munitions and (B) Paragraph (1)(E) of that section Security Zone; Cape Fear River, Eagle explosives, as well as those used to and we received notice of your removal Island, North Carolina State Port transport military equipment and under this paragraph before March 3, Authority Terminal, Wilmington, NC personnel, moored at the NCSPA 2004; or Wilmington is critical to national (iii) Removed as inadmissible under AGENCY: Coast Guard, DHS. defense and security, as well as to the the provisions of section 212(a)(6)(A) of ACTION: Temporary final rule. safety and security of the NCSPA the INA as in effect beginning April 1, Wilmington, vessel crews, and others in 1997. SUMMARY: The Coast Guard is the maritime and surrounding (2) Benefits that cannot be paid to you establishing a temporary security zone community. Therefore, the Coast Guard because of your deportation or removal at the North Carolina State Port is establishing this security zone to under paragraph (a)(1) of this section Authority (NCSPA), Wilmington to safeguard human life, vessels and may again be payable for any month include the Cape Fear River and Eagle facilities from sabotage, terrorist acts or subsequent to your deportation or Island. Entry into or movement within other criminal acts. removal that you are lawfully admitted the security zone will be prohibited to the United States for permanent without authorization from the COTP. Discussion of Rule residence. You are considered lawfully This action is necessary to safeguard the The security zone is necessary to admitted for permanent residence as of vessels and the facility from sabotage, provide security for, and prevent acts of the month you enter the United States subversive acts, or other threats. terrorism against vessels loading or with permission to reside here DATES: This rule is effective from April offloading at the NCSPA Wilmington permanently. 1, 2005, until October 1, 2005. facility during a military operation. It
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will include an area from 800 yards dominant in their fields, and this rule under that Order and have south of the Cape Fear River Bridge governmental jurisdictions with determined that it does not have encompassing the southern end of Eagle populations of less than 50,000. implications for federalism. Island, the Cape Fear River, and the The Coast Guard certifies under 5 Unfunded Mandates Reform Act grounds of the State Port Authority U.S.C. 605(b) that this rule will not have Terminal south to South Wilmington a significant economic impact on a The Unfunded Mandates Reform Act Terminal. substantial number of small entities. of 1995 (2 U.S.C. 1531–1538) requires The security zone will prevent access This rule will affect the following Federal agencies to assess the effects of to unauthorized persons who may entities, some of which may be small their discretionary regulatory actions. In attempt to enter the secure area via the entities: the owners or operators of particular, the Act addresses actions Cape Fear River, the North Carolina vessels intending to transit or anchor in that may result in the expenditure by a State Port Authority terminal, or use a portion of the Cape Fear River that is State, local, or tribal government, in the Eagle Island as vantage point for within the security zone. aggregate, or by the private sector of surveillance of the secure area. The This security zone will not have a $100,000,000 or more in any one year. security zone will protect vessels significant economic impact on a Though this rule will not result in such moored at the facility, their crews, substantial number of small entities for expenditure, we do discuss the effects of others in the maritime community and the following reasons. Although the this rule elsewhere in this preamble. the surrounding communities from security zone will apply to the entire subversive or terrorist attack that could width of the river, traffic will be Taking of Private Property cause serious negative impact to vessels, allowed to pass through the zone with This rule will not affect a taking of the port, or the environment, and result the permission of the COTP or his or her private property or otherwise have in numerous casualties. designated representative. Before the taking implications under Executive No person or vessel may enter or effective period, we will issue maritime Order 12630, Governmental Actions and remain in the security zone at any time advisories widely available to users of Interference with Constitutionally without the permission of the Captain of the river. Protected Property Rights. the Port, Wilmington. Each person or Civil Justice Reform vessel operating within the security Assistance for Small Entities zone will obey any direction or order of Under section 213(a) of the Small This rule meets applicable standards the Captain of the Port. The Captain of Business Regulatory Enforcement in sections 3(a) and 3(b)(2) of Executive the Port may take possession and Fairness Act of 1996 (Pub. L. 104–121), Order 12988, Civil Justice Reform, to control of any vessel in a security zone we offer to assist small entities in minimize litigation, eliminate and/or remove any person, vessel, understanding the rule so that they can ambiguity, and reduce burden. better evaluate its effects on them and article or thing from this security zone. Protection of Children participate in the rulemaking process. If Regulatory Evaluation the rule will affect your small business, We have analyzed this rule under This rule is not a ‘‘significant organization, or governmental Executive Order 13045, Protection of regulatory action’’ under section 3(f) of jurisdiction and you have questions Children from Environmental Health Executive Order 12866, Regulatory concerning its provisions or options for Risks and Safety Risks. This rule is not Planning and Review, and does not compliance, please contact the address an economically significant rule and require an assessment of potential costs listed under ADDRESSES. does not create an environmental risk to and benefits under section 6(a)(3) of that Small businesses may send comments health or risk to safety that may Order. The Office of Management and on the actions of Federal employees disproportionately affect children. Budget has not reviewed it under that who enforce, or otherwise determine Indian Tribal Governments Order. It is not ‘‘significant’’ under the compliance with, Federal regulations to regulatory policies and procedures of the Small Business and Agriculture This rule does not have tribal the Department of Homeland Security Regulatory Enforcement Ombudsman implications under Executive Order (DHS). and the Regional Small Business 13175, Consultation and Coordination Although this regulation restricts Regulatory Fairness Boards. The with Indian Tribal Governments, access to the security zone, the effect of Ombudsman evaluates these actions because it does not have a substantial this regulation will not be significant annually and rates each agency’s direct effect on one or more Indian because: (i) The COTP or his or her responsiveness to small business. If you tribes, on the relationship between the representative may authorize access to wish to comment on actions by Federal Government and Indian tribes, the security zone; (ii) the security zone employees of the Coast Guard, call 1– or on the distribution of power and will be enforced for limited duration; 888–REG–FAIR (1–888–734–3247). responsibilities between the Federal and (iii) the Coast Guard will make Government and Indian tribes. Collection of Information notifications via maritime advisories so Energy Effects mariners can adjust their plans This rule calls for no new collection accordingly. of information under the Paperwork We have analyzed this rule under Reduction Act of 1995 (44 U.S.C. 3501– Executive Order 13211, Actions Small Entities 3520). Concerning Regulations That Under the Regulatory Flexibility Act Significantly Affect Energy Supply, (5 U.S.C. 601–612), we have considered Federalism Distribution, or Use. We have whether this rule would have a A rule has implications for federalism determined that it is not a ‘‘significant significant economic impact on a under Executive Order 13132, energy action’’ under that order because substantial number of small entities. Federalism, if it has a substantial direct it is not a ‘‘significant regulatory action’’ The term ‘‘small entities’’ comprises effect on State or local governments and under Executive Order 12866 and is not small businesses, not-for-profit would either preempt State law or likely to have a significant adverse effect organizations that are independently impose a substantial direct cost of on the supply, distribution, or use of owned and operated and are not compliance on them. We have analyzed energy. The Administrator of the Office
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of Information and Regulatory Affairs 295, 116 Stat. 2064; Department of Homeland 34°11′11.092″ N, 077°57′17.146″ W has not designated it as a significant Security Delegation No. 0170.1. (Point 18); and proceeding South along energy action. Therefore, it does not I 2. Add temporary § 165.T05–018 to East bank of Cape Fear River to original require a Statement of Energy Effects read as follows: point of origin at 34°10′38.394″ N, under Executive Order 13211. 077°57′16.248″ W (Point 1). (NAD 1983) 165.T05–018—Security Zone: Cape Fear (b) Captain of the Port. Captain of the Technical Standards River, Eagle Island and North Carolina State Port Authority Terminal, Wilmington, NC. Port means the Commanding Officer of The National Technology Transfer (a) Location. The following area is a the Marine Safety Office Wilmington, and Advancement Act (NTTAA) (15 security zone: The grounds of the North NC, or any Coast Guard commissioned, U.S.C. 272 note) directs agencies to use Carolina State Port Authority, warrant, or petty officer who has been voluntary consensus standards in their Wilmington Terminal and the southern authorized to act on her behalf. regulatory activities unless the agency portion of Eagle Island; and an area (c) Regulations. (1) All persons are provides Congress, through the Office of encompassed from South Wilmington required to comply with the general Management and Budget, with an Terminal at 34°10′38.394″ N, regulations governing security zones in explanation of why using these 077°57′16.248″ W (Point 1); across Cape 33 CFR 165.33. standards would be inconsistent with Fear River to Southern most entrance of (2) Persons or vessels with a need to applicable law or otherwise impractical. Brunswick River on the West Bank at enter or get passage within the security Voluntary consensus standards are 34°10′38.052″ N, 077°57′43.143″ W zone, must first request authorization technical standards (e.g., specifications (Point 2); extending along the West bank from the Captain of the Port. The of materials, performance, design, or of the Brunswick River for Captain of the Port’s representative operation; test methods; sampling approximately 750 yards to enforcing the zone can be contacted on procedures; and related management 34°10′57.062″ N, 077°58′01.342″ W VHF marine band radio, channel 16. systems practices) that are developed or (Point 3); proceeding North across the The Captain of the Port can be contacted adopted by voluntary consensus Brunswick River to the east bank at at (910) 772–2200 or toll free (877) 229– standards bodies. 34′11′04.846″ N, 077°58′02.861″ W 0770. This proposed rule does not use (Point 4) and continuing north on the (3) The operator of any vessel within technical standards. Therefore, we did east bank for approximately 5000 yards this security zone must: not consider the use of voluntary along Eagle Island to 34°13′17.815″ N, (i) Stop the vessel immediately upon consensus standards. 077°58′30.671″ W (Point 5); proceeding being directed to do so by the Captain ° ′ ″ ° ′ ″ of the Port or his or her designated Environment East to 34 13 19.488 N, 077 58 24.414 W (Point 6); and then approximately representative. We have analyzed this rule under 1700 yards to 34°13′27.169″ N, (ii) Proceed as directed by the Captain Commandant Instruction M16475.lD, 077°57′51.753″ W (Point 7); proceeding of the Port or his or her designated which guides the Coast Guard in East to 34°13′21.226″ N, 077°57′19.264″ representative. complying with the National W (Point 8); then across Cape Fear River (d) Effective period. This section is Environmental Policy Act of 1969 to the Northeast corner of the Colonial effective from April 1, 2005, until (NEPA)(42 U.S.C. 4321–4370f), and Terminal Pier at 34°13′18.724″ N, October 1, 2005. have concluded that there are no factors 077°57′07.401″ W (Point 9), 800 yards Dated: March 14, 2005. in this case that would limit the use of South of Cape Fear Memorial Bridge; Jane M. Hartley, a categorical exclusion under section proceeding South along shoreline (east Captain, U.S. Coast Guard, Captain of the 2.B.2 of the Instruction. Therefore, this bank) of Cape Fear River for Port, Wilmington, North Carolina. rule is categorically excluded, under approximately 500 yards; proceeding [FR Doc. 05–6389 Filed 3–30–05; 8:45 am] figure 2–1, paragraph (34)(g), of the east inland to Wilmington State Port BILLING CODE 4910–15–P Instruction, from further environmental property line at 34°13′03.196″ N, documentation. A final ‘‘Environmental 077°56′52.211″W (Point 10); extending Analysis Check List’’ and a final South along Wilmington State Port DEPARTMENT OF HOMELAND ‘‘Categorical Exclusion property line to 34°12′43.409″ N, SECURITY Determination’’will be available in the 077°56′50.815″ W (Point 11); proceeding docket where indicated under to the North entrance of Wilmington Coast Guard ADDRESSES. State Port at 34°12′28.854″ N, ° ′ ″ 33 CFR Part 165 List of Subjects in 33 CFR Part 165 077 57 01.017 W (Point 12); proceeding South along Wilmington State Port [COTP San Francisco Bay 05–003] Harbors, Marine safety, Navigation property line to 34°12′20.819″ N, (water), Reporting and record keeping 077°57′08.871″ W (Point 13); continuing RIN 1625–AA00 requirements, Security measures, South along the Wilmington State Port Safety Zone; Mission Creek Waterway, Waterways. property line to 34°12′08.164″ N, ° ′ ″ China Basin, San Francisco Bay, CA I For the reasons discussed in the 077 57 08.530 W (Point 14); continuing along State Port property to AGENCY: Coast Guard, DHS. preamble, the Coast Guard amends 33 ° ′ ″ ° ′ ″ CFR part 165 as follows: 34 11 44.426 N, 077 56 55.003 W ACTION: Temporary final rule. (Point 15); proceeding South to the main PART 165—REGULATED NAVIGATION gate of the Wilmington State Port at SUMMARY: The Coast Guard is AREAS AND LIMITED ACCESS AREAS 34°11′29.578″ N, 077°56′55.240″ W establishing a temporary safety zone in (Point 16); proceeding South the navigable waters of the Mission I 1. The authority citation for part 165 approximately 750 yards to the Creek Waterway in China Basin continues to read as follows: Southeast property corner of the Apex surrounding the construction site of the ° ′ ″ Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. facility at 34 11 10.936 N, Fourth Street Bridge, San Francisco, Chapter 701; 50 U.S.C 191, 195; 33 CFR 1.05– 077°57′04.798″ W (Point 17); proceeding California. This temporary safety zone is 1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 107– West to East bank of Cape Fear River at necessary to protect persons and vessels
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from hazards associated with bridge The Captain of the Port will enforce construction operations to be construction activities. The safety zone this zone and may enlist the aid and completed. temporarily prohibits use of the Mission cooperation of any Federal, State, There are two major environmental Creek Waterway surrounding the Fourth county, or municipal agency to assist in issues that affect the scheduling of Street Bridge during construction unless the enforcement of the regulation. construction in the channel, namely the authorized by the Captain of the Port, or Background and Purpose annual pacific herring spawning season his designated representative. that runs from December 1st to March DATES: This rule is effective from 12:01 The San Francisco Department of Public Works requested a temporary 31st, and noise constraints for steelhead a.m. on May 4, 2005 to 11:59 p.m. on from December 1st to June 1st. Any December 31, 2005. closure of the Mission Creek waterway for the purpose of performing significant demolition, pile driving and excavation ADDRESSES: Comments and material work to the Fourth Street Bridge. The in the water during those time periods received from the public, as well as Fourth Street Bridge was erected across will be monitored and restricted for documents indicated in this preamble as the Mission Creek Waterway at the possible impacts on these species. being available in the docket, are part of China Basin in 1917, and was The Fourth Street Bridge Project is docket COTP 05–003 and are available determined eligible for listing in the related to the larger Third Street Light for inspection or copying at the National Register of Historic Places in Rail Project, and many public Waterways Branch of the Marine Safety 1985 as part of the California presentations on the project’s Office San Francisco Bay, Coast Guard Department of Transportation (Caltrans) components, channel closure schedules, Island, Alameda, California, 94501, Historic Bridge Inventory. Caltrans, impacts to surrounding uses and project between 9 a.m. and 4 p.m., Monday Division of Structures, evaluated the duration have been made by the City through Friday, except Federal holidays. Fourth Street Bridge and recommended and Port of San Francisco. The Third FOR FURTHER INFORMATION CONTACT: that the bridge be brought up to current Street Light Rail Advisory Group was Lieutenant Doug Ebbers, U.S. Coast seismic safety standards. The three created as a forum to keep the public Guard Marine Safety Office San objectives of the rehabilitation project informed on the progress being made on Francisco Bay, at (510) 437–3073. are to: (1) Seismically retrofit the the Third Street Light Rail Project. Also, SUPPLEMENTARY INFORMATION: structure while not significantly altering this project has been presented at many the historical appearance of the bridge; Regulatory Information Mission Bay Citizen Advisory (2) repair the damage to the concrete Committee meetings. At these meetings, On November 5, 2004, we published approaches and several steel and the public was notified of the project a notice of proposed rulemaking concrete members of the movable span, components, impacts and the need to (NPRM) in the Federal Register (69 FR and (3) reinitiate light rail service across temporarily close the waterway. 64555) proposing to establish a the bridge. The Federal Highway Specific to the Fourth Street Bridge temporary safety zone in the navigable Administration, the State of California project, an Environmental Assessment, waters of the Mission Creek Waterway and the City of San Francisco are required by the Federal Highway in China Basin surrounding the funding the Fourth Street Bridge Retrofit Administration and Caltrans, (under the construction site of the Fourth Street Project. National Environmental Protection Act) Bridge, San Francisco, California. We The first phase of this project was conducted by the City of San received no letters commenting on the included the removal of the lift span, Francisco. A public hearing regarding proposed rule. No public hearing was and took place between May 1 and July the Environmental Assessment was held requested, and none was held. 28, 2003. During that period, the on January 17, 2002 at San Francisco channel was closed at the Fourth Street Penalties for Violating a Safety Zone Arts College, Timken Lecture Hall, 1111 Bridge to boating traffic by a temporary 8th Street in San Francisco California, Vessels or persons violating this final rule that was published in the and was well attended. safety zone will be subject to the Federal Register on May 13, 2003 (68 penalties set forth in 33 U.S.C. 1232 and FR 25500) and a subsequent change in In addition, the City of San Francisco 50 U.S.C. 192. Pursuant to 33 U.S.C. effective period temporary final rule advised the Coast Guard Captain of the 1232, any violation of the safety zone that was published on July 9, 2003 (68 Port in January of 2003 that two channel described herein, is punishable by civil FR 40772). Those two rules established closures would be necessary in order to penalties (not to exceed $32,500 per a safety zone that extended 100 yards on accomplish the Fourth Street Bridge violation, where each day of a either side of the Fourth Street Bridge. project. The Coast Guard met with continuing violation is a separate The second phase of the construction various City and Port officials to ensure violation), criminal penalties project included rebuilding the north that there would be minimal impacts on (imprisonment up to 6 years and a and south approaches and the new area boaters and other involved entities. maximum fine of $250,000), and in rem counterweight and its enclosing pit; but Discussion of Comments and Changes liability against the offending vessel. did not require that the waterway be Any person who violates this section, closed to boating traffic. We received no letters commenting on using a dangerous weapon, or who The safety zone established in this the proposed rule. No public hearing engages in conduct that causes bodily rule is for the last phase of construction, was requested, and none was held. The injury or fear of imminent bodily injury which includes replacing the lift span only change incorporated in this Final to any officer authorized to enforce this and aligning the bridge to accept the Rule is a later start date than was regulation, also faces imprisonment up light rail track system. This final phase indicated in the NPRM. The NPRM to 12 years. Vessels or persons violating is scheduled to begin on May 4, 2005, indicated that this final phase of this section are also subject to the and end on December 31, 2005. A safety construction would commence on penalties set forth in 50 U.S.C. 192: zone of 100 yards on either side of the February 15, 2005, but due to delays, seizure and forfeiture of the vessel to the Fourth Street Bridge is needed during the construction will not commence United States, a maximum criminal fine this period to protect boating traffic until May 4, 2005. The scheduled of $10,000, and imprisonment up to 10 public from the dangers posed by the completion date remains December 31, years. construction operations and to allow the 2005.
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Regulatory Evaluation several Mission Bay Citizen Advisory Federal agencies to assess the effects of This rule is not a ‘‘significant Committee meetings, (2) the San their discretionary regulatory actions. In regulatory action’’ under section 3(f) of Francisco Department of Public Works particular, the Act addresses actions Executive Order 12866, Regulatory and the Port of San Francisco have that may result in the expenditure by a Planning and Review, and does not consulted with the Mission Creek State, local, or tribal government, in the require an assessment of potential costs Harbor Association to address the aggregate, or by the private sector of and benefits under section 6(a)(3) of that impacts of temporarily closing the $100,000,000 or more in any one year. Order. The Office of Management and channel to local boaters, (3) the Though this rule does not result in such Budget has not reviewed it under that Department of Public works has made an expenditure, we do discuss the Order. It is not ‘‘significant’’ under the arrangements to accommodate the effects of this rule elsewhere in this regulatory policies and procedures of requests of owners that have asked to preamble. temporarily moor their house boats or the Department of Homeland Security Taking of Private Property (DHS). pleasure boats at the head of the Although this rule restricts access to channel, (4) the channel closure will not This rule does not effect a taking of the waters encompassed by the safety impact land access to the houseboats private property or otherwise have zone, the effect of this rule is not west of the bridge during the waterway taking implications under Executive significant because: (1) Owners of boats closure and (5) the zone is not Order 12630, Governmental Actions and located within Mission Creek have been permanent. However, a small number of Interference with Constitutionally advised of the planned waterway sailboats that moor in the harbor may be Protected Property Rights. impacted. Small entities and the closures at several Mission Bay Citizen Civil Justice Reform Advisory Committee meetings, (2) the maritime public will be advised of this San Francisco Department of Public safety zone via public notice to This rule meets applicable standards Works and the Port of San Francisco mariners. in sections 3(a) and 3(b)(2) of Executive have consulted with the Mission Creek Assistance for Small Entities Order 12988, Civil Justice Reform, to Harbor Association to address the minimize litigation, eliminate Under section 213(a) of the Small impacts of temporarily closing the ambiguity, and reduce burden. Business Regulatory Enforcement channel to local boaters, (3) the Fairness Act of 1996 (Public Law 104– Protection of Children Department of Public works has made 121), we offered to assist small entities arrangements to accommodate the We have analyzed this rule under in understanding the rule so that they requests of owners that have asked to Executive Order 13045, Protection of could better evaluate its effects on them temporarily moor their house boats or Children from Environmental Health and participate in the rulemaking pleasure boats at the head of the Risks and Safety Risks. This rule is not process. channel, (4) the channel closure will not an economically significant rule and Small businesses may send comments does not create an environmental risk to impact land access to the houseboats on the actions of Federal employees west of the bridge during the waterway health or risk to safety that might who enforce, or otherwise determine disproportionately affect children. closure and (5) the zone is not compliance with, Federal Regulations to permanent. the Small Business and Agriculture Indian Tribal Governments The size of the zone is the minimum Regulatory Enforcement Ombudsman necessary to provide adequate This rule does not have tribal and the Regional Small Business implications under Executive Order protection for the boating public and an Regulatory Fairness Boards. The adequate distance to ensure vessel 13175, Consultation and Coordination Ombudsman evaluates these actions with Indian Tribal Governments, wakes to not interfere with construction annually and rates each agency’s operations. The entities most likely to because it does not have a substantial responsiveness to small business. If you direct effect on one or more Indian be affected are pleasure craft engaged in wish to comment on actions by recreational activities and sightseeing. tribes, on the relationship between the employees of the Coast Guard, call 1– Federal Government and Indian tribes, Small Entities 800–REG–FAIR (1–888–734–3247). or on the distribution of power and Under the Regulatory Flexibility Act Collection of Information responsibilities between the Federal (5 U.S.C. 601–612), we have considered This rule calls for no new collection Government and Indian tribes. whether this rule would have a of information under the Paperwork Energy Effects significant economic impact on a Reduction Act of 1995 (44 U.S.C. 3501– substantial number of small entities. 3520). We have analyzed this rule under The term ‘‘small entities’’ comprises Executive Order 13211, Actions small businesses, not-for-profit Federalism Concerning Regulations That organizations that are independently A rule has implications for federalism Significantly Affect Energy Supply, owned and operated and are not under Executive Order 13132, Distribution, or Use. We have dominant in their fields, and Federalism, if it has a substantial direct determined that it is not a ‘‘significant governmental jurisdictions with effect on State or local governments and energy action’’ under that order because populations of less than 50,000. would either preempt State law or it is not a ‘‘significant regulatory action’’ The Coast Guard certifies under 5 impose a substantial direct cost of under Executive Order 12866 and is not U.S.C. 605(b) that this rule will not have compliance on them. We have analyzed likely to have a significant adverse effect a significant economic impact on a this rule under that Order and have on the supply, distribution, or use of substantial number of small entities. determined that it does not have energy. The Administrator of the Office The effect of this rule on small entities implications for federalism. of Information and Regulatory Affairs is not expected to be significant has not designated it as a significant because: (1) Owners of boats located Unfunded Mandates Reform Act energy action. Therefore, it does not within Mission Creek have been advised The Unfunded Mandates Reform Act require a Statement of Energy Effects of the planned waterway closures at of 1995 (2 U.S.C. 1531–1538) requires under Executive Order 13211.
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Technical Standards § 165.T11–048 Safety Zone; Mission Creek ENVIRONMENTAL PROTECTION Waterway, China Basin, San Francisco Bay, AGENCY The National Technology Transfer California. and Advancement Act (NTTAA) (15 40 CFR Part 52 U.S.C. 272 note) directs agencies to use (a) Location. One hundred yards to voluntary consensus standards in their either water-side of the Fourth Street [R03–OAR–2005–PA–0008; FRL–7893–7] regulatory activities unless the agency Bridge, encompassing the navigable provides Congress, through the Office of waters, from the surface to the sea floor, Approval and Promulgation of Air Management and Budget, with an bounded by two lines; one line drawn Quality Implementation Plans; Pennsylvania; VOC and NO RACT explanation of why using these from a point on the north shore of X Determinations for Eleven Individual standards would be inconsistent with Mission Creek [37°46′29″ N, 122°23′36″ Sources applicable law or otherwise impractical. W] extending southeast to a point on the Voluntary consensus standards are opposite shore [37°46′28″ N, 122°23′34″ AGENCY: Environmental Protection technical standards (e.g., specifications W], and the other line drawn from a Agency (EPA). of materials, performance, design, or point on the north shore of Mission ACTION: Direct final rule. operation; test methods; sampling Creek [37°46′34″ N, 122°23′30″ W] SUMMARY: procedures; and related management extending southeast to a point on the EPA is taking direct final systems practices) that are developed or action to approve revisions to the opposite shore [37°46′33″ N, 122°23’28] adopted by voluntary consensus Commonwealth of Pennsylvania’s State [Datum: NAD 83]. standards bodies. Implementation Plan (SIP). The This rule does not use technical (b) Regulations. In accordance with revisions were submitted by the standards. Therefore, we did not the general regulations in § 165.23 of Pennsylvania Department of consider the use of voluntary consensus this part, entry into, transit through, or Environmental Protection (PADEP) to standards. anchoring within this zone by all establish and require reasonably vessels is prohibited, unless specifically available control technology (RACT) for Environment authorized by the Captain of the Port eleven major sources of volatile organic We have analyzed this rule under San Francisco Bay, or his designated compounds (VOC) and nitrogen oxides Commandant Instruction M16475.lD, representative. (NOX). These sources are located in which guides the Coast Guard in (c) Effective Period. The safety zone Pennsylvania. EPA is approving these complying with the National revisions to establish RACT will be in effect from 12:01 a.m. on May Environmental Policy Act of 1969 requirements in the SIP in accordance 4, 2005 to 11:59 p.m. on December 31, (NEPA)(42 U.S.C. 4321–4370f), and with the Clean Air Act (CAA). 2005. If the need for this safety zone have concluded that there are no factors DATES: This rule is effective on May 31, ends before the scheduled termination in this case that would limit the use of 2005 without further notice, unless EPA time, the Captain of the Port will cease a categorical exclusion under section receives adverse written comment by enforcement of the safety zone and will 2.B.2 of the Instruction. Therefore, this May 2, 2005. If EPA receives such rule is categorically excluded, under announce that fact via Broadcast Notice comments, it will publish a timely figure 2–1, paragraph (34)(g), of the to Mariners. withdrawal of the direct final rule in the Instruction, from further environmental (d) Enforcement. The Captain of the Federal Register and inform the public documentation because it establishes a Port will enforce this zone and may that the rule will not take effect. safety zone. enlist the aid and cooperation of any ADDRESSES: Submit your comments, A draft ‘‘Environmental Analysis Federal, State, county, or municipal identified by Regional Material in Check List’’ and a draft ‘‘Categorical agency to assist in the enforcement of EDocket (RME) ID Number R03–OAR– Exclusion Determination’’ (CED) will be the regulation. All persons and vessels 2005–PA–0008 by one of the following available in the docket where indicated shall comply with the instructions of methods: under ADDRESSES. the Coast Guard Captain of the Port, or A. Federal eRulemaking Portal: List of Subjects in 33 CFR Part 165 the designated on-scene patrol http://www.regulations.gov. Follow the on-line instructions for submitting Harbors, Marine safety, Navigation personnel. Patrol personnel comprise comments. (water), Reporting and recordkeeping commissioned, warrant, and petty officers of the Coast Guard onboard B. Agency Web site: http:// requirements, Security measures, www.docket.epa.gov/rmepub/ RME, Coast Guard, Coast Guard Auxiliary, Waterways. EPA’s electronic public docket and Federal, State, and local law I For the reasons discussed in the comment system, is EPA’s preferred enforcement vessels. Upon being hailed preamble, the Coast Guard amends 33 method for receiving comments. Follow CFR part 165 as follows: by U.S. Coast Guard patrol personnel by the on-line instructions for submitting siren, radio, flashing light, or other comments. PART 165—REGULATED NAVIGATION means, the operator of a vessel shall C. E-mail: [email protected]. AREAS AND LIMITED ACCESS AREAS proceed as directed. D. Mail: R03–OAR–2005–PA–0008, Makeba Morris, Chief, Air Quality I 1. The authority citation for part 165 Dated: March 23, 2005. Planning Branch, Mailcode 3AP21, U.S. continues to read as follows: Gordon A. Loebl, Environmental Protection Agency, Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Commander, U.S. Coast Guard, Acting Region III, 1650 Arch Street, Chapter 701; 50 U.S.C. 191, 195; 33 CFR Captain of the Port, San Francisco Bay, Philadelphia, Pennsylvania 19103. 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. California. E. Hand Delivery: At the previously- 107–295, 116 Stat. 2064; Department of [FR Doc. 05–6390 Filed 3–30–05; 8:45 am] listed EPA Region III address. Such Homeland Security Delegation No. 0170.1. BILLING CODE 4910–15–P deliveries are only accepted during the I 2. From May 4, 2005 through Docket’s normal hours of operation, and December 31, 2005 add § 165.T11–048 to special arrangements should be made read as follows: for deliveries of boxed information.
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Instructions: Direct your comments to available at the Pennsylvania an enforceable document, usually a Plan RME ID No. R03–OAR–2005–PA–0008. Department of Environmental Approval (PA) or Operating Permit (OP). EPA’s policy is that all comments Protection, Bureau of Air Quality, PO The Commonwealth then submits these received will be included in the public Box 8468, 400 Market Street, Harrisburg, PAs and OPs to EPA for approval as docket without change, and may be Pennsylvania 17105. source-specific SIP revisions. made available online at http:// FOR FURTHER INFORMATION CONTACT: It must be noted that the www.docket.epa.gov/rmepub/, Pauline DeVose, (215) 814–2186 , or by Commonwealth has adopted and is including any personal information e-mail at [email protected]. implementing additional ‘‘post RACT provided, unless the comment includes SUPPLEMENTARY INFORMATION: requirements’’ to reduce seasonal NOX information claimed to be Confidential emissions in the form of a NOX cap and Business Information (CBI) or other I. Background trade regulation, 25 Pa Code Chapters information whose disclosure is Pursuant to sections 182(b)(2) and 121 and 123, based upon a model rule restricted by statute. Do not submit 182(f) of the CAA, the Commonwealth developed by the States in the OTR. information that you consider to be CBI of Pennsylvania (the Commonwealth or That regulation was approved as SIP or otherwise protected through RME, Pennsylvania) is required to establish revision on June 6, 2000 (65 FR 35842). regulations.gov or e-mail. The EPA RME and implement RACT for all major VOC Pennsylvania has also adopted 25 Pa and the Federal regulations.gov websites and NOX sources. The major source size Code Chapter 145 to satisfy Phase I of are an ‘‘anonymous access’’ system, is determined by its location, the the NOX SIP call. That regulation was which means EPA will not know your classification of that area and whether it approved as a SIP revision on August identity or contact information unless is located in the ozone transport region 21, 2001 (66 FR 43795). Federal you provide it in the body of your (OTR). Under section 184 of the CAA, approval of a source-specific RACT comment. If you send an e-mail RACT as specified in sections 182(b)(2) determination for a major source of NOX comment directly to EPA without going and 182(f) applies throughout the OTR. in no way relieves that source from any through RME or regulations.gov, your e- The entire Commonwealth is located applicable requirements found in 25 PA mail address will be automatically within the OTR. Therefore, RACT is Code Chapters 121, 123 and 145. captured and included as part of the applicable statewide in Pennsylvania. On August 30, 2004, PADEP comment that is placed in the public State implementation plan revisions submitted revisions to the Pennsylvania docket and made available on the imposing RACT for three classes of VOC SIP which establish and impose RACT Internet. If you submit an electronic sources are required under section for eleven sources of VOC and NOX. The comment, EPA recommends that you 182(b)(2). The categories are: Commonwealth’s submittals consist of include your name and other contact (1) All sources covered by a Control PAs and OPs which impose VOC and information in the body of your Technique Guideline (CTG) document NOX RACT requirements for each comment and with any disk or CD–ROM issued between November 15, 1990 and source. you submit. If EPA cannot read your the date of attainment; II. Summary of the SIP Revisions comment due to technical difficulties (2) All sources covered by a CTG and cannot contact you for clarification, issued prior to November 15, 1990; and Copies of the actual PAs and OPs EPA may not be able to consider your (3) All major non-CTG sources. imposing RACT and PADEP’s comment. Electronic files should avoid The Pennsylvania SIP already has evaluation memoranda are included in the use of special characters, any form approved RACT regulations and the electronic and hard copy docket for of encryption, and be free of any defects requirements for all sources and source this final rule. As previously stated, all or viruses. categories covered by the CTGs. The documents in the electronic docket are Docket: All documents in the Pennsylvania SIP also has approved listed in the RME index at http:// electronic docket are listed in the RME regulations to require major sources of www.docket.epa.gov/rmepub/. Publicly index at http://www.docket.epa.gov/ NOX and additional major sources of available docket materials are available rmepub/. Although listed in the index, VOC emissions (not covered by a CTG) either electronically in RME or in hard some information is not publicly to implement RACT. These regulations copy during normal business hours at available, i.e., CBI or other information are commonly termed the ‘‘generic the Air Protection Division, U.S. whose disclosure is restricted by statute. RACT regulations’’. A generic RACT Environmental Protection Agency, Certain other material, such as regulation is one that does not, itself, Region III, 1650 Arch Street, copyrighted material, is not placed on specifically define RACT for a source or Philadelphia, Pennsylvania 19103. the Internet and will be publicly source categories but instead establishes Copies of the State submittal are available only in hard copy form. procedures for imposing case-by-case available at the Pennsylvania Publicly available docket materials are RACT determinations. The Department of Environmental available either electronically in RME or Commonwealth’s SIP-approved generic Protection, Bureau of Air Quality, PO in hard copy during normal business RACT regulations consist of the Box 8468, 400 Market Street, Harrisburg, hours at the Air Protection Division, procedures PADEP uses to establish and Pennsylvania 17105. The table below U.S. Environmental Protection Agency, impose RACT for subject sources of identifies the sources and the individual Region III, 1650 Arch Street, VOC and NOX. Pursuant to the SIP- plan approvals (PAs) and operating Philadelphia, Pennsylvania 19103. approved generic RACT rules, PADEP permits (OPs) which are the subject of Copies of the State submittal are imposes RACT on each subject source in this rulemaking.
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PENNSYLVANIA—VOC AND NOX RACT DETERMINATIONS FOR INDIVIDUAL SOURCES
Plan Approval (PA #) ‘‘Major Source County Operating Per- Source type source’’ mit pollutant (OP #)
Department of the Army ...... Franklin ...... 28–02002 Surface Coating Operations ...... VOC and NOX. Harley-Davidson Motor Company ...... York ...... 67–2032 Motor Cycle Assembly Facility ...... VOC and NOX. Dart Container Corporation ...... Lancaster ...... 36–2015 Expanded Polystyrene Manufacturing Fa- VOC and NOX. cility. GE Transportation Systems ...... Mercer ...... OP 43–196 Surface Coating ...... VOC and NoX. Stone Container Corporation ...... York ...... 67–2002 Paperboard Mill...... NOX. Stanley Storage Systems, Inc ...... Lehigh ...... 39–0031 Metal Tool Cabinet Manufacturing Facility VOC. York Group, Inc ...... York ...... 67–2014 Casket and Furniture Manufacturing Facil- VOC. ity. Strick Corporation ...... Columbia ...... OP–19–0002 Surface Coating Operations ...... VOC. Grumman Olson, Division of Grumman Al- Lycoming ...... OP–41–0002 Truck and Van Manufacturing Processes .. VOC. lied Industries. Prior Coated Metals, Inc ...... Lehigh ...... 39–0005 Coil Coating Line Operations ...... VOC. Schindler Elevator Corporation ...... Adams ...... 01–2007 Elevator Cab Manufacturing Facility ...... VOC.
EPA is approving these RACT SIP of the rule that are not the subject of an implications because it does not have submittals because PADEP established adverse comment. substantial direct effects on the States, and imposed these RACT requirements IV. Statutory and Executive Order on the relationship between the national in accordance with the criteria set forth Reviews government and the States, or on the in its SIP-approved generic RACT distribution of power and regulations applicable to these sources. A. General Requirements responsibilities among the various The Commonwealth has also imposed Under Executive Order 12866 (58 FR levels of government, as specified in record-keeping, monitoring, and testing 51735, October 4, 1993), this action is Executive Order 13132 (64 FR 43255, requirements on these sources sufficient not a ‘‘significant regulatory action’’ and August 10, 1999). This action merely to determine compliance with the therefore is not subject to review by the approves a state rule implementing a applicable RACT determinations. Office of Management and Budget. For Federal standard, and does not alter the this reason, this action is also not III. Final Action relationship or the distribution of power subject to Executive Order 13211, and responsibilities established in the EPA is approving the revisions to the ‘‘Actions Concerning Regulations That Clean Air Act. This rule also is not Pennsylvania SIP submitted by PADEP Significantly Affect Energy Supply, subject to Executive Order 13045 Distribution, or Use’’ (66 FR 28355, May to establish and require VOC and NOX ‘‘Protection of Children from RACT for eleven major sources. EPA is 22, 2001). This action merely approves Environmental Health Risks and Safety publishing this rule without prior state law as meeting Federal Risks’’ (62 FR 19885, April 23, 1997), requirements and imposes no additional proposal because the Agency views this because it is not economically requirements beyond those imposed by as a noncontroversial amendment and significant. state law. Accordingly, the anticipates no adverse comment. Administrator certifies that this rule In reviewing SIP submissions, EPA’s However, in the ‘‘Proposed Rules’’ will not have a significant economic role is to approve state choices, section of today’s Federal Register, EPA impact on a substantial number of small provided that they meet the criteria of is publishing a separate document that entities under the Regulatory Flexibility the Clean Air Act. In this context, in the will serve as the proposal to approve the Act (5 U.S.C. 601 et seq.). Because this absence of a prior existing requirement SIP revision if adverse comments are rule approves pre-existing requirements for the State to use voluntary consensus filed. This rule will be effective on May under state law and does not impose standards (VCS), EPA has no authority 31, 2005 without further notice unless any additional enforceable duty beyond to disapprove a SIP submission for EPA receives adverse comment by May that required by state law, it does not failure to use VCS. It would thus be 2, 2005. If EPA receives adverse contain any unfunded mandate or inconsistent with applicable law for comment, EPA will publish a timely significantly or uniquely affect small EPA, when it reviews a SIP submission, withdrawal in the Federal Register governments, as described in the to use VCS in place of a SIP submission informing the public that the rule will Unfunded Mandates Reform Act of 1995 that otherwise satisfies the provisions of not take effect. EPA will address all (Pub. L. 104–4). This rule also does not the Clean Air Act. Thus, the public comments in a subsequent final have tribal implications because it will requirements of section 12(d) of the rule based on the proposed rule. EPA not have a substantial direct effect on will not institute a second comment National Technology Transfer and one or more Indian tribes, on the Advancement Act of 1995 (15 U.S.C. period on this action. Any parties relationship between the Federal 272 note) do not apply. This rule does interested in commenting must do so at Government and Indian tribes, or on the not impose an information collection this time. Please note that if EPA distribution of power and receives adverse comment on an responsibilities between the Federal burden under the provisions of the amendment, paragraph, or section of Government and Indian tribes, as Paperwork Reduction Act of 1995 (44 this rule and if that provision may be specified by Executive Order 13175 (65 U.S.C. 3501 et seq.). severed from the remainder of the rule, FR 67249, November 9, 2000). This EPA may adopt as final those provisions action also does not have Federalism
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B. Submission to Congress and the this action must be filed in the United PART 52—[AMENDED] Comptroller General States Court of Appeals for the The Congressional Review Act, 5 appropriate circuit by May 31, 2005. I 1. The authority citation for part 52 U.S.C. 801 et seq., as added by the Small Filing a petition for reconsideration by continues to read as follows: Business Regulatory Enforcement the Administrator of this final rule Authority: 42 U.S.C. 7401 et seq. Fairness Act of 1996, generally provides approving source-specific RACT that before a rule may take effect, the requirements for eleven major sources Subpart NN—Pennsylvania agency promulgating the rule must in the Commonwealth of Pennsylvania submit a rule report, which includes a does not affect the finality of this rule I 2. In § 52.2020, the table in paragraph copy of the rule, to each House of the for the purposes of judicial review nor (d)(1) is amended by adding the entry/ Congress and to the Comptroller General does it extend the time within which a entries for Department of the Army, of the United States. Section 804 petition for judicial review may be filed, Harley-Davidson Motor Company, Dart exempts from section 801 the following and shall not postpone the effectiveness Container Corporation, GE types of rules: (1) Rules of particular of such rule or action. This action may Transportation Systems, Stone Container applicability; (2) rules relating to agency not be challenged later in proceedings to Corporation, Stanley Storage Systems, management or personnel; and (3) rules enforce its requirements. (See section Inc., York Group, Inc., Strick of agency organization, procedure, or 307(b)(2).) Corporation, Grumman Olson, Division practice that do not substantially affect of Grumman Allied Industries, Prior the rights or obligations of non-agency List of Subjects in 40 CFR Part 52 Coated Metals, Inc., and Schindler parties. 5 U.S.C. 804(3). EPA is not Environmental protection, Air required to submit a rule report Elevator Corporation at the end of the pollution control, Nitrogen dioxide, table to read as follows: regarding today’s action under section Ozone, Reporting and recordkeeping 801 because this is a rule of particular requirements, Volatile organic § 52.2020 Identification of plan. applicability establishing source- compounds. * * * * * specific requirements for 11 named sources. Dated: March 24, 2005. (d) * * * Donald S. Welsh, C. Petitions for Judicial Review (1) * * * Regional Administrator, Region III. Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of I 40 CFR part 52 is amended as follows:
Additional State explanation/ Name of source Permit No. County effective EPA approval date § 52.2063 date citation
******* Department of Army ...... 28–02002 Franklin ...... 2/3/00 ...... 3/31/05 [Insert page number 52.2020(d)(1)(g) where the document be- gins]. Harley-Davidson Motor Com- 67–2032 York ...... 4/9/97 ...... 3/31/05 [Insert page number 52.2020(d)(1)(g) pany. where the document be- gins]. Dart Container Corporation .... 36–2015 Lancaster ...... 8/31/95 ...... 3/31/05 [Insert page number 52.2020(d)(1)(g) where the document be- gins]. GE Transportation Systems ... OP 43–196 Mercer ...... 5/16/01 ...... 3/31/05 [Insert page number 52.2020(d)(1)(g) where the document be- gins]. Stone Container Corporation 67–2002 York ...... 9/3/96 ...... 3/31/05 [Insert page number 52.2020(d)(1)(g) where the document be- gins]. Stanley Storage Systems, Inc 39–0031 Lehigh ...... 6/12/98 ...... 3/31/05 [Insert page number 52.2020(d)(1)(g) where the document be- gins]. York Group, Inc ...... 67–2014 York ...... 7/3/95 ...... 3/31/05 [Insert page number 52.2020(d)(1)(g) where the document be- gins]. Strick Corporation ...... OP–19–0002 Columbia ...... 6/6/97 ...... 3/31/05 [Insert page number 52.2020(d)(1)(g) where the document be- gins]. Grumman Olson, Division of OP–41–0002 Lycoming ...... 9/25/97 ...... 52.2020(d)(1)(g). Grumman Allied Industries. Prior Coated Metals, Inc ...... 39–0005 Lehigh ...... 5/26/95 ...... 3/31/05 [Insert page number 52.2020(d)(1)(g) where the document be- gins]. Schindler Elevator Corpora- 01–2007 Adams ...... 5/24/95 ...... 3/31/05 [Insert page number 52.2020(d)(1)(g) tion. where the document be- gins].
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* * * * * E. Hand Delivery: At the previously- Box 8468, 400 Market Street, Harrisburg, [FR Doc. 05–6372 Filed 3–30–05; 8:45 am] listed EPA Region III address. Such Pennsylvania 17105. BILLING CODE 6560–50–P deliveries are only accepted during the FOR FURTHER INFORMATION CONTACT: Docket’s normal hours of operation, and Amy Caprio, (215) 814–2156, or by e- special arrangements should be made mail at [email protected]. ENVIRONMENTAL PROTECTION for deliveries of boxed information. SUPPLEMENTARY INFORMATION: AGENCY Instructions: Direct your comments to RME ID No. R03–OAR–2005–PA–0003. I. Background 40 CFR Part 52 EPA’s policy is that all comments Pursuant to sections 182(b)(2) and [R03–OAR–2005–PA–0003; FRL–7893–4] received will be included in the public 182(f) of the CAA, the Commonwealth docket without change, and may be of Pennsylvania (the Commonwealth or Approval and Promulgation of Air made available online at http:// Pennsylvania) is required to establish Quality Implementation Plans; www.docket.epa.gov/rmepub/, and implement RACT for all major VOC Pennsylvania; VOC RACT including any personal information and NOX sources. The major source size Determinations for Seven Individual provided, unless the comment includes is determined by its location, the Sources information claimed to be Confidential classification of that area and whether it Business Information (CBI) or other is located in the ozone transport region AGENCY: Environmental Protection information whose disclosure is (OTR). Under section 184 of the CAA, Agency (EPA). restricted by statute. Do not submit RACT as specified in sections 182(b)(2) ACTION: Direct final rule. information that you consider to be CBI and 182(f) applies throughout the OTR. or otherwise protected through RME, The entire Commonwealth is located SUMMARY: EPA is taking direct final regulations.gov or e-mail. The EPA RME within the OTR. Therefore, RACT is action to approve revisions to the and the Federal regulations.gov Web applicable statewide in Pennsylvania. Commonwealth of Pennsylvania’s State sites are an ‘‘anonymous access’’ State implementation plan revisions Implementation Plan (SIP). The system, which means EPA will not imposing RACT for three classes of VOC revisions were submitted by the know your identity or contact sources are required under section Pennsylvania Department of information unless you provide it in the 182(b)(2). The categories are: Environmental Protection (PADEP) to body of your comment. If you send an (1) All sources covered by a Control establish and require reasonably e-mail comment directly to EPA without Technique Guideline (CTG) document available control technology (RACT) for going through RME or regulations.gov, issued between November 15, 1990 and seven major sources of volatile organic your e-mail address will be the date of attainment; compounds (VOC). These sources are automatically captured and included as (2) All sources covered by a CTG located in Pennsylvania. EPA is part of the comment that is placed in the issued prior to November 15, 1990; and approving these revisions to establish public docket and made available on the (3) All major non-CTG sources. RACT requirements in the SIP in Internet. If you submit an electronic The Pennsylvania SIP already has accordance with the Clean Air Act comment, EPA recommends that you approved RACT regulations and (CAA). include your name and other contact requirements for all sources and source information in the body of your categories covered by the CTGs. The DATES: This rule is effective on May 31, comment and with any disk or CD–ROM Pennsylvania SIP also has approved 2005 without further notice, unless EPA you submit. If EPA cannot read your regulations to require major sources of receives adverse written comment by comment due to technical difficulties NOX and additional major sources of May 2, 2005. If EPA receives such and cannot contact you for clarification, VOC emissions (not covered by a CTG) comments, it will publish a timely EPA may not be able to consider your to implement RACT. These regulations withdrawal of the direct final rule in the comment. Electronic files should avoid are commonly termed the ‘‘generic Federal Register and inform the public the use of special characters, any form RACT regulations’’. A generic RACT that the rule will not take effect. of encryption, and be free of any defects regulation is one that does not, itself, ADDRESSES: Submit your comments, or viruses. specifically define RACT for a source or identified by Regional Material in Docket: All documents in the source categories but instead establishes EDocket (RME) ID Number R03–OAR– electronic docket are listed in the RME procedures for imposing case-by-case 2005–PA–0003 by one of the following index at http://www.docket.epa.gov/ RACT determinations. The methods: rmepub/. Although listed in the index, Commonwealth’s SIP-approved generic A. Federal eRulemaking Portal: some information is not publicly RACT regulations consist of the http://www.regulations.gov. Follow the available, i.e., CBI or other information procedures PADEP uses to establish and on-line instructions for submitting whose disclosure is restricted by statute. impose RACT for subject sources of comments. Certain other material, such as VOC and NOX. Pursuant to the SIP- B. Agency Web site: http:// copyrighted material, is not placed on approved generic RACT rules, PADEP www.docket.epa.gov/rmepub/ RME, the Internet and will be publicly imposes RACT on each subject source in EPA’s electronic public docket and available only in hard copy form. an enforceable document, usually a Plan comment system, is EPA’s preferred Publicly available docket materials are Approval (PA) or Operating Permit (OP). method for receiving comments. Follow available either electronically in RME or The Commonwealth then submits these the on-line instructions for submitting in hard copy during normal business PAs and OPs to EPA for approval as comments. hours at the Air Protection Division, source-specific SIP revisions. C. E-mail: [email protected]. U.S. Environmental Protection Agency, On August 30, 2004, PADEP D. Mail: R03–OAR–2005–PA–0003, Region III, 1650 Arch Street, submitted revisions to the Pennsylvania Makeba Morris, Chief, Air Quality Philadelphia, Pennsylvania 19103. SIP which establish and impose RACT Planning Branch, Mailcode 3AP21, U.S. Copies of the State submittal are for sources of VOC. The Environmental Protection Agency, available at the Pennsylvania Commonwealth’s submittals consist of Region III, 1650 Arch Street, Department of Environmental PAs and OPs which impose VOC RACT Philadelphia, Pennsylvania 19103. Protection, Bureau of Air Quality, PO requirements for each source.
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II. Summary of the SIP Revisions www.docket.epa.gov/rmepub/. Publicly available at the Pennsylvania available docket materials are available Department of Environmental Copies of the actual PAs and OPs either electronically in RME or in hard Protection, Bureau of Air Quality, PO imposing RACT and PADEP’s copy during normal business hours at Box 8468, 400 Market Street, Harrisburg, evaluation memorandum are included the Air Protection Division, U.S. Pennsylvania 17105. The table below in the electronic and hard copy docket Environmental Protection Agency, identifies the sources and the individual for this final rule. As previously stated, Region III, 1650 Arch Street, PAs and OPs which are the subject of all documents in the electronic docket Philadelphia, Pennsylvania 19103. this rulemaking. are listed in the RME index at http:// Copies of the State submittal are
PENNSYLVANIA—VOC AND NOX RACT DETERMINATIONS FOR INDIVIDUAL SOURCES
Plan Approval (PA #) Oper- ‘‘Major Source County ating Permit Source type source’’ (OP #) pollutant
Hodge Foundry ...... Mercer ...... OP–43–036 Iron Foundry; binders, molds ...... VOC Resolite, A United Dominion Co...... Butler ...... OP–10–266 Fiberglass Reinforced Plastic Lamination; VOC Resin Mixtures. Consolidation Coal Co.—Coal Preparation Greene ...... 30–000–063 Coal Preparation; Frothing Agent; mixture VOC Plant. of diesel fuel and alcohol/aldehyde froth- ing agent; Antifreeze; Thickner. Urick Foundry ...... Erie ...... OP–25–053 Iron Foundry; 52’’ Hot Blast Cupola w/after- VOC burner control; Binders. Keystone Sanitary Landfill, Inc ...... Lackawanna ...... 35–0014 Active LFG Collection System; Enclosed VOC Ground Flare. Grinnell Corporation ...... Lancaster ...... 36–2019 Foundry; binders; solvents ...... VOC Buck Company Inc ...... Lancaster ...... 36–2035 Foundry; binders; solvents ...... VOC
EPA is approving these RACT SIP this time. Please note that if EPA Unfunded Mandates Reform Act of 1995 submittals because PADEP established receives adverse comment on an (Pub. L. 104–4). This rule also does not and imposed these RACT requirements amendment, paragraph, or section of have tribal implications because it will in accordance with the criteria set forth this rule and if that provision may be not have a substantial direct effect on in its SIP-approved generic RACT severed from the remainder of the rule, one or more Indian tribes, on the regulations applicable to these sources. EPA may adopt as final those provisions relationship between the Federal The Commonwealth has also imposed of the rule that are not the subject of an Government and Indian tribes, or on the record-keeping, monitoring, and testing adverse comment. distribution of power and responsibilities between the Federal requirements on these sources sufficient IV. Statutory and Executive Order Government and Indian tribes, as to determine compliance with the Reviews applicable RACT determinations. specified by Executive Order 13175 (65 A. General Requirements FR 67249, November 9, 2000). This III. Final Action Under Executive Order 12866 (58 FR action also does not have Federalism EPA is approving the revisions to the 51735, October 4, 1993), this action is implications because it does not have Pennsylvania SIP submitted by PADEP not a ‘‘significant regulatory action’’ and substantial direct effects on the States, to establish and require VOC RACT for therefore is not subject to review by the on the relationship between the national seven major sources. EPA is publishing Office of Management and Budget. For government and the States, or on the this rule without prior proposal because this reason, this action is also not distribution of power and the Agency views this as a subject to Executive Order 13211, responsibilities among the various noncontroversial amendment and ‘‘Actions Concerning Regulations That levels of government, as specified in anticipates no adverse comment. Significantly Affect Energy Supply, Executive Order 13132 (64 FR 43255, However, in the ‘‘Proposed Rules’’ Distribution, or Use’’ (66 FR 28355, May August 10, 1999). This action merely section of today’s Federal Register, EPA 22, 2001). This action merely approves approves a state rule implementing a is publishing a separate document that state law as meeting Federal Federal standard, and does not alter the will serve as the proposal to approve the requirements and imposes no additional relationship or the distribution of power SIP revision if adverse comments are requirements beyond those imposed by and responsibilities established in the filed. This rule will be effective on May state law. Accordingly, the Clean Air Act. This rule also is not 31, 2005, without further notice unless Administrator certifies that this rule subject to Executive Order 13045 EPA receives adverse comment by May will not have a significant economic ‘‘Protection of Children from 2, 2005. If EPA receives adverse impact on a substantial number of small Environmental Health Risks and Safety comment, EPA will publish a timely entities under the Regulatory Flexibility Risks’’ (62 FR 19885, April 23, 1997), withdrawal in the Federal Register Act (5 U.S.C. 601 et seq.). Because this because it is not economically informing the public that the rule will rule approves pre-existing requirements significant. not take effect. EPA will address all under state law and does not impose In reviewing SIP submissions, EPA’s public comments in a subsequent final any additional enforceable duty beyond role is to approve state choices, rule based on the proposed rule. EPA that required by state law, it does not provided that they meet the criteria of will not institute a second comment contain any unfunded mandate or the Clean Air Act. In this context, in the period on this action. Any parties significantly or uniquely affect small absence of a prior existing requirement interested in commenting must do so at governments, as described in the for the State to use voluntary consensus
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standards (VCS), EPA has no authority management or personnel; and (3) rules List of Subjects in 40 CFR Part 52 to disapprove a SIP submission for of agency organization, procedure, or Environmental protection, Air failure to use VCS. It would thus be practice that do not substantially affect pollution control, Ozone, Reporting and inconsistent with applicable law for the rights or obligations of non-agency recordkeeping requirements, Volatile EPA, when it reviews a SIP submission, parties. 5 U.S.C. 804(3). EPA is not organic compounds. to use VCS in place of a SIP submission required to submit a rule report that otherwise satisfies the provisions of regarding today’s action under section Dated: March 24, 2005. the Clean Air Act. Thus, the 801 because this is a rule of particular Donald S. Welsh, requirements of section 12(d) of the applicability establishing source- Regional Administrator, Region III. National Technology Transfer and specific requirements for seven named I 40 CFR part 52 is amended as follows: Advancement Act of 1995 (15 U.S.C. sources. 272 note) do not apply. This rule does PART 52—[AMENDED] not impose an information collection C. Petitions for Judicial Review I burden under the provisions of the 1. The authority citation for part 52 Under section 307(b)(1) of the Clean continues to read as follows: Paperwork Reduction Act of 1995 (44 Air Act, petitions for judicial review of U.S.C. 3501 et seq.). this action must be filed in the United Authority: 42 U.S.C. 7401 et seq. B. Submission to Congress and the States Court of Appeals for the Subpart NN—Pennsylvania Comptroller General appropriate circuit by May 31, 2005. Filing a petition for reconsideration by I 2. In § 52.2020, the table in paragraph The Congressional Review Act, 5 the Administrator of this final rule (d)(1) is amended by adding the entries U.S.C. 801 et seq., as added by the Small approving source-specific RACT for Hodge Foundry, Resolite, A United Business Regulatory Enforcement requirements for seven sources in the Dominion Co., Consolidated Coal Co.- Fairness Act of 1996, generally provides Commonwealth of Pennsylvania does Coal Preparation Plant, Urick Foundry, that before a rule may take effect, the not affect the finality of this rule for the Keystone Sanitary Landfill, Inc., agency promulgating the rule must purposes of judicial review nor does it Grinnell Corporation, and Buck submit a rule report, which includes a extend the time within which a petition Company Inc. at the end of the table to copy of the rule, to each House of the for judicial review may be filed, and read as follows: Congress and to the Comptroller General shall not postpone the effectiveness of of the United States. Section 804 such rule or action. This action may not § 52.2020 Identification of plan. exempts from section 801 the following be challenged later in proceedings to * * * * * types of rules: (1) Rules of particular enforce its requirements. (See section (d) * * * applicability; (2) rules relating to agency 307(b)(2).) (1) * * *
Additional State explanation/ Name of source Permit No. County effective EPA approval date § 52.2063 date citation
******* Hodge Foundry ...... OP–43–036 Mercer ...... 3/31/99 ...... 3/31/05 [Insert page number 52.2020(d)(1)(a) where the document be- gins]. Resolite, A United Dominion OP–10–266 Butler ...... 10/15/99 .... 3/31/05 [Insert page number 52.2020(d)(1)(a) Co. 2/18/00 ...... where the document be- gins]. Consolidation Coal Co.—Coal 30–000–063 Greene ...... 5/17/99 ...... 3/31/05 [Insert page number 52.2020(d)(1)(a) Preparation Plant. where the document be- gins]. Urick Foundry ...... OP–25–053 Erie ...... 10/24/96 .... 3/31/05 [Insert page number 52.2020(d)(1)(a) where the document be- gins]. Keystone Sanitary Landfill, 35–0014 Lackawanna ...... 4/19/99 ...... 3/31/05 [Insert page number 52.2020(d)(1)(a) Inc. where the document be- gins]. Grinnell Corporation ...... 36–2019 Lancaster ...... 6/30/95 ...... 3/31/05 [Insert page number 52.2020(d)(1)(a) where the document be- gins]. Buck Company Inc ...... 36–2035 Lancaster ...... 8/1/95 ...... 3/31/05 [Insert page number 52.2020(d)(1)(a) where the document be- gins].
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* * * * * E. Hand Delivery: At the previously- Box 8468, 400 Market Street, Harrisburg, [FR Doc. 05–6373 Filed 3–30–05; 8:45 am] listed EPA Region III address. Such Pennsylvania 17105. BILLING CODE 6560–50–P deliveries are only accepted during the FOR FURTHER INFORMATION CONTACT: Docket’s normal hours of operation, and LaKeshia Robertson, (215) 814–2113, or special arrangements should be made by e-mail at [email protected]. ENVIRONMENTAL PROTECTION for deliveries of boxed information. SUPPLEMENTARY INFORMATION: AGENCY Instructions: Direct your comments to RME ID No. R03–OAR–2005–PA–0007. I. Background 40 CFR Part 52 EPA’s policy is that all comments Pursuant to sections 182(b)(2) and received will be included in the public [R03–OAR–2005–PA–0007; FRL–7893–1] 182(f) of the CAA, the Commonwealth docket without change, and may be of Pennsylvania (the Commonwealth or Approval and Promulgation of Air made available online at http:// Pennsylvania) is required to establish www.docket.epa.gov/rmepub/, Quality Implementation Plans; and implement RACT for all major VOC including any personal information Pennsylvania; NO RACT and NO sources. The major source size X provided, unless the comment includes X Determinations for Fifteen Individual is determined by its location, the information claimed to be Confidential Sources classification of that area and whether it Business Information (CBI) or other is located in the ozone transport region information whose disclosure is AGENCY: Environmental Protection (OTR). Under section 184 of the CAA, restricted by statute. Do not submit Agency (EPA). RACT as specified in sections 182(b)(2) information that you consider to be CBI ACTION: Direct final rule. and 182(f) applies throughout the OTR. or otherwise protected through RME, The entire Commonwealth is located SUMMARY: EPA is taking direct final regulations.gov or e-mail. The EPA RME within the OTR. Therefore, RACT is action to approve revisions to the and the Federal regulations.gov Web sites are an ‘‘anonymous access’’ applicable statewide in Pennsylvania. Commonwealth of Pennsylvania’s State State implementation plan revisions Implementation Plan (SIP). The system, which means EPA will not know your identity or contact imposing RACT for three classes of VOC revisions were submitted by the sources are required under section Pennsylvania Department of information unless you provide it in the body of your comment. If you send an 182(b)(2). The categories are: Environmental Protection (PADEP) to (1) All sources covered by a Control establish and require reasonably e-mail comment directly to EPA without going through RME or regulations.gov, Technique Guideline (CTG) document available control technology (RACT) issued between November 15, 1990, and fifteen major sources of volatile organic your e-mail address will be automatically captured and included as the date of attainment; compounds and nitrogen oxides (NOX). (2) All sources covered by a CTG These sources are located in part of the comment that is placed in the public docket and made available on the issued prior to November 15, 1990; and Pennsylvania. EPA is approving these (3) All major non-CTG sources. revisions to establish RACT Internet. If you submit an electronic comment, EPA recommends that you The Pennsylvania SIP already has requirements in the SIP in accordance approved RACT regulations and with the Clean Air Act (CAA). include your name and other contact information in the body of your requirements for all sources and source DATES: This rule is effective on May 31, comment and with any disk or CD–ROM categories covered by the CTGs. The 2005, without further notice, unless you submit. If EPA cannot read your Pennsylvania SIP also has approved EPA receives adverse written comment comment due to technical difficulties regulations to require major sources of by May 2, 2005. If EPA receives such and cannot contact you for clarification, NOX and additional major sources of comments, it will publish a timely EPA may not be able to consider your VOC emissions (not covered by a CTG) withdrawal of the direct final rule in the comment. Electronic files should avoid to implement RACT. These regulations Federal Register and inform the public the use of special characters, any form are commonly termed the ‘‘generic that the rule will not take effect. of encryption, and be free of any defects RACT regulations’’. A generic RACT ADDRESSES: Submit your comments, or viruses. regulation is one that does not, itself, identified by Regional Material in Docket: All documents in the specifically define RACT for a source or EDocket (RME) ID Number R03–OAR– electronic docket are listed in the RME source categories but instead establishes 2005–PA–0007 by one of the following index at http://www.docket.epa.gov/ procedures for imposing case-by-case methods: rmepub/. Although listed in the index, RACT determinations. The A. Federal eRulemaking Portal: http: some information is not publicly Commonwealth’s SIP-approved generic //www.regulations.gov. Follow the on- available, i.e., CBI or other information RACT regulations consist of the line instructions for submitting whose disclosure is restricted by statute. procedures PADEP uses to establish and comments. Certain other material, such as impose RACT for subject sources of B. Agency Web site: http:// copyrighted material, is not placed on VOC and NOX. Pursuant to the SIP- www.docket.epa.gov/rmepub/ RME, the Internet and will be publicly approved generic RACT rules, PADEP EPA’s electronic public docket and available only in hard copy form. imposes RACT on each subject source in comment system, is EPA’s preferred Publicly available docket materials are an enforceable document, usually a Plan method for receiving comments. Follow available either electronically in RME or Approval (PA) or Operating Permit (OP). the on-line instructions for submitting in hard copy during normal business The Commonwealth then submits these comments. hours at the Air Protection Division, PAs and OPs to EPA for approval as C. E-mail: [email protected]. U.S. Environmental Protection Agency, source-specific SIP revisions. D. Mail: R03–OAR–2005–PA–0007, Region III, 1650 Arch Street, It must be noted that the Makeba Morris, Chief, Air Quality Philadelphia, Pennsylvania 19103. Commonwealth has adopted and is Planning Branch, Mailcode 3AP21, U.S. Copies of the State submittal are implementing additional ‘‘post RACT Environmental Protection Agency, available at the Pennsylvania requirements’’ to reduce seasonal NOX Region III, 1650 Arch Street, Department of Environmental emissions in the form of a NOX cap and Philadelphia, Pennsylvania 19103. Protection, Bureau of Air Quality, P.O. trade regulation, 25 Pa Code Chapters
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121 and 123, based upon a model rule SIP which establish and impose RACT either electronically in RME or in hard developed by the States in the OTR. for fifteen sources of NOX. The copy during normal business hours at That regulation was approved as SIP Commonwealth’s submittals consist of the Air Protection Division, U.S. revision on June 6, 2000 (65 FR 35842). PAs and OPs which impose NOX RACT Environmental Protection Agency, Pennsylvania has also adopted 25 Pa requirements for each source. Region III, 1650 Arch Street, Code Chapter 145 to satisfy Phase I of II. Summary of the SIP Revisions Philadelphia, Pennsylvania 19103. the NOX SIP call. That regulation was Copies of the State submittal are Copies of the actual PAs and OPs approved as a SIP revision on August available at the Pennsylvania imposing RACT and PADEP’s 21, 2001 (66 FR 43795). Federal Department of Environmental approval of a source-specific RACT evaluation memoranda are included in Protection, Bureau of Air Quality, P.O. determination for a major source of NO the electronic and hard copy docket for X Box 8468, 400 Market Street, Harrisburg, in no way relieves that source from any this final rule. As previously stated, all applicable requirements found in 25 PA documents in the electronic docket are Pennsylvania 17105. The table below Code Chapters 121, 123 and 145. listed in the RME index at http:// identifies the sources and the individual On August 30, 2004, PADEP www.docket.epa.gov/rmepub/. Publicly PAs and OPs which are the subject of submitted revisions to the Pennsylvania available docket materials are available this rulemaking.
PENNSYLVANIA—VOC AND NOX RACT DETERMINATIONS FOR INDIVIDUAL SOURCES
Plan approval (PA #) ‘‘Major Source County Operating Source type source’’ permit (OP #) pollutant
Owens-Brockway Glass Container, Inc ...... Clarion ...... OP 16–010 Two Furnaces, Two Refiners, Seven NOX. Forehearths, and Seven Lehrs. Alcoa Extrusions, Inc ...... Schuylkill ...... 54–0022 Boilers, Furnaces, Casting Units, Ovens, NOX. and Vaporizer. Pennsylvania Electric Company ...... Indiana ...... 32–000–059 Boilers, Diesel Generators, and Miscella- NOX. neous Sources. National Gypsum Company ...... Union ...... OP–60–0003 Two Boilers ...... NOX. Stoney Creek Technologies, LLC ...... Delaware ...... OP–16–010 Two Steam Boilers ...... NOX. Northeastern Power Company ...... Schuylkill ...... 54–0008 Boiler, Diesel Fire Pump, Diesel Boiler NOX. Water Feed Pump, and Generators. Koppers Industries, Inc ...... Lycoming ...... OP–41–0008 Boilers, Fire Pump, Furnace, and Heaters NOX. Texas Eastern Transmission Corporation ..... Dauphin ...... 22–2100 Turbines and Generator ...... NOX. The Miller Group ...... Schuylkill ...... 54–0024 Boiler, Textile Dryers, Air Make-up, and NOX. Unit Heaters. CNG Transmission Corporation ...... Indiana ...... 32–000–129 Dehydrator Reboiler and Four Ingersoil En- NOX. gines. I.H.F.P., Inc ...... Northumberland ...... OP–49–0010A Eight Boilers and Seventy Seven Small NOX. Combustion Sources. National Forge Company ...... Warren ...... OP 62–032 Two Boilers and Thirty-Five Furnaces ...... NOX. United Refining Company ...... Warren ...... OP 62–017 Five Boilers, Four Heaters, and Regen- NOX. erator. Petrowax Refining ...... McKean ...... OP 42–110 Four Boilers, Flares, Heaters and Burner ... NOX. Westvaco Corporation ...... Blair ...... 07–2008 Two Boilers and Emergency Generator ...... NOX.
EPA is approving these RACT SIP section of today’s Federal Register, EPA EPA may adopt as final those provisions submittals because PADEP established is publishing a separate document that of the rule that are not the subject of an and imposed these RACT requirements will serve as the proposal to approve the adverse comment. in accordance with the criteria set forth SIP revision if adverse comments are IV. Statutory and Executive Order in its SIP-approved generic RACT filed. This rule will be effective on May Reviews regulations applicable to these sources. 31, 2005, without further notice unless The Commonwealth has also imposed EPA receives adverse comment by May A. General Requirements record-keeping, monitoring, and testing 2, 2005. If EPA receives adverse Under Executive Order 12866 (58 FR requirements on these sources sufficient comment, EPA will publish a timely 51735, October 4, 1993), this action is to determine compliance with the withdrawal in the Federal Register not a ‘‘significant regulatory action’’ and applicable RACT determinations. informing the public that the rule will therefore is not subject to review by the III. Final Action not take effect. EPA will address all Office of Management and Budget. For public comments in a subsequent final this reason, this action is also not EPA is approving the revisions to the rule based on the proposed rule. EPA subject to Executive Order 13211, Pennsylvania SIP submitted by PADEP will not institute a second comment ‘‘Actions Concerning Regulations That to establish and require NOX RACT for period on this action. Any parties Significantly Affect Energy Supply, fifteen major of sources. EPA is interested in commenting must do so at Distribution, or Use’’ (66 FR 28355, May publishing this rule without prior this time. Please note that if EPA 22, 2001). This action merely approves proposal because the Agency views this receives adverse comment on an state law as meeting Federal as a noncontroversial amendment and amendment, paragraph, or section of requirements and imposes no additional anticipates no adverse comment. this rule and if that provision may be requirements beyond those imposed by However, in the ‘‘Proposed Rules’’ severed from the remainder of the rule, state law. Accordingly, the
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Administrator certifies that this rule standards (VCS), EPA has no authority the Administrator of this final rule will not have a significant economic to disapprove a SIP submission for approving source-specific RACT impact on a substantial number of small failure to use VCS. It would thus be requirements for fifteen sources in the entities under the Regulatory Flexibility inconsistent with applicable law for Commonwealth of Pennsylvania does Act (5 U.S.C. 601 et seq.). Because this EPA, when it reviews a SIP submission, not affect the finality of this rule for the rule approves pre-existing requirements to use VCS in place of a SIP submission purposes of judicial review nor does it under state law and does not impose that otherwise satisfies the provisions of extend the time within which a petition any additional enforceable duty beyond the Clean Air Act. Thus, the for judicial review may be filed, and that required by state law, it does not requirements of section 12(d) of the shall not postpone the effectiveness of contain any unfunded mandate or National Technology Transfer and such rule or action. This action may not significantly or uniquely affect small Advancement Act of 1995 (15 U.S.C. be challenged later in proceedings to governments, as described in the 272 note) do not apply. This rule does enforce its requirements. (See section Unfunded Mandates Reform Act of 1995 not impose an information collection 307(b)(2).) (Public Law 104–4). This rule also does burden under the provisions of the not have tribal implications because it Paperwork Reduction Act of 1995 (44 List of Subjects in 40 CFR Part 52 will not have a substantial direct effect U.S.C. 3501 et seq.). Environmental protection, Air on one or more Indian tribes, on the B. Submission to Congress and the pollution control, Nitrogen dioxide, relationship between the Federal Comptroller General Ozone, Reporting and recordkeeping Government and Indian tribes, or on the requirements. distribution of power and The Congressional Review Act, 5 responsibilities between the Federal U.S.C. 801 et seq., as added by the Small Dated: March 24, 2005. Government and Indian tribes, as Business Regulatory Enforcement Donald S. Welsh, specified by Executive Order 13175 (65 Fairness Act of 1996, generally provides Regional Administrator, Region III. FR 67249, November 9, 2000). This that before a rule may take effect, the I 40 CFR part 52 is amended as follows: action also does not have Federalism agency promulgating the rule must implications because it does not have submit a rule report, which includes a PART 52—[AMENDED] substantial direct effects on the States, copy of the rule, to each House of the on the relationship between the national Congress and to the Comptroller General I 1. The authority citation for part 52 government and the States, or on the of the United States. Section 804 continues to read as follows: distribution of power and exempts from section 801 the following Authority: 42 U.S.C. 7401 et seq. responsibilities among the various types of rules: (1) Rules of particular levels of government, as specified in applicability; (2) rules relating to agency Subpart NN—Pennsylvania Executive Order 13132 (64 FR 43255, management or personnel; and (3) rules August 10, 1999). This action merely of agency organization, procedure, or I 2. In § 52.2020, the table in paragraph approves a state rule implementing a practice that do not substantially affect (d)(1) is amended by adding the entries Federal standard, and does not alter the the rights or obligations of non-agency for Owens-Brockway Glass Container, relationship or the distribution of power parties. 5 U.S.C. 804(3). EPA is not Inc., Alcoa Extrusion, Inc., Pennsylvania and responsibilities established in the required to submit a rule report Electric Company, National Gypsum Clean Air Act. This rule also is not regarding today’s action under section Company, Stoney Creek Technologies, subject to Executive Order 13045 801 because this is a rule of particular LLC, Northeastern Power Company, ‘‘Protection of Children from applicability establishing source- Koppers Industries, Inc., Texas Eastern Environmental Health Risks and Safety specific requirements for 15 named Transmission, The Miller Group, CNG Risks’’ (62 FR 19885, April 23, 1997), sources. Transmission Corporation, I.H.F.P., Inc., because it is not economically National Forge Company, United significant. C. Petitions for Judicial Review Refining Company, Petrowax Refining, In reviewing SIP submissions, EPA’s Under section 307(b)(1) of the Clean and Westvaco Corporation at the end of role is to approve state choices, Air Act, petitions for judicial review of the table to read as follows: provided that they meet the criteria of this action must be filed in the United the Clean Air Act. In this context, in the States Court of Appeals for the § 52.2020 Identification of plan. absence of a prior existing requirement appropriate circuit by May 31, 2005. * * * * * for the State to use voluntary consensus Filing a petition for reconsideration by (d) * * *
Additional State explanation/ Name of source Permit No. County effective EPA approval date § 52.2063 date citation
******* Owens-Brockway Glass Con- OP 16–010 Clarion ...... 3/27/95 ...... 3/31/05 [Insert page number 52.2020(d)(1)(f) tainer, Inc. 5/31/95 where the document be- gins]. Alcoa Extrusion, Inc ...... 54–0022 Schuylkill ...... 3/19/99 ...... 3/31/05 [Insert page number 52.2020(d)(1)(f) where the document be- gins]. Pennsylvania Electric Com- 32–000–059 Indiana ...... 12/29/94 .... 3/31/05 [Insert page number 52.2020(d)(1)(f) pany. where the document be- gins]. National Gypsum Company ... OP–60–0003 Union ...... 1/17/96 ...... 3/31/05 [Insert page number 52.2020(d)(1)(f) where the document be- gins].
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Additional State explanation/ Name of source Permit No. County effective EPA approval date § 52.2063 date citation
Stoney Creek Technologies, OP–16–010 Delaware ...... 7/24/03 ...... 3/31/05 [Insert page number 52.2020(d)(1)(f) LLC. where the document be- gins]. Northeastern Power Company 54–0008 Schuylkill ...... 5/26/95 ...... 3/31/05 [Insert page number 52.2020(d)(1)(f) where the document be- gins]. Koppers Industries, Inc ...... OP–41–0008 Lycoming ...... 3/30/99 ...... 3/31/05 [Insert page number 52.2020(d)(1)(f) where the document be- gins]. Texas Eastern Transmission 22–2100 Dauphin ...... 1/31/97 ...... 3/31/05 [Insert page number 52.2020(d)(1)(f) Corporation. where the document be- gins]. The Miller Group ...... 54–0024 Schuylkill ...... 2/1/99 ...... 3/31/05 [Insert page number 52.2020(d)(1)(f) where the document be- gins]. CNG Transmission Corpora- 32–000–129 Indiana ...... 6/22/95 ...... 3/31/05 [Insert page number 52.2020(d)(1)(f) tion. where the document be- gins]. I.H.F.P., Inc ...... OP–49– Northumberland ...... 1/7/98 ...... 3/31/05 [Insert page number 52.2020(d)(1)(f) 0010A where the document be- gins]. National Forge Company ...... OP 62–032 Warren ...... 5/31/95 ...... 3/31/05 [Insert page number 52.2020(d)(1)(f) where the document be- gins]. United Refining Company ...... OP 62–017 Warren ...... 5/31/95 ...... 3/31/05 [Insert page number 52.2020(d)(1)(f) 11/14/95 where the document be- gins]. Petrowax Refining ...... OP 42–110 McKean ...... 3/4/96 ...... 3/31/05 [Insert page number 52.2020(d)(1)(f) 5/31/96 where the document be- gins]. Westvaco Corporation ...... 07–2008 Blair ...... 9/29/95 ...... 3/31/05 [Insert page number 52.2020(d)(1)(f) where the document be- gins].
[FR Doc. 05–6376 Filed 3–30–05; 8:45 am] understanding of Chapter 20 by system, select ‘‘quick search;’’ then key BILLING CODE 6560–50–P consolidating the process weight rates in the appropriate RME Docket into a single table. Approval of these identification number. Follow the on- revisions will ensure consistency line instructions for submitting ENVIRONMENTAL PROTECTION between the state and Federally- comments. AGENCY approved rules, and ensure Federal 3. E-mail: [email protected]. enforceability of the state’s revised air 4. Mail: Shelly Rios-LaLuz, 40 CFR Parts 52 and 70 program rules. Environmental Protection Agency, Air Planning and Development Branch, 901 [R07–OAR–2005–NE–0001; FRL–7894–1] DATES: This direct final rule will be effective May 31, 2005, without further North 5th Street, Kansas City, Kansas Approval and Promulgation of notice, unless EPA receives adverse 66101. Implementation Plans and Operating comment by May 2, 2005. If adverse 5. Hand Delivery or Courier. Deliver Permits Program; State of Nebraska comment is received, EPA will publish your comments to Shelly Rios-LaLuz, a timely withdrawal of the direct final Environmental Protection Agency, Air AGENCY: Environmental Protection rule in the Federal Register informing Planning and Development Branch, 901 Agency (EPA). the public that the rule will not take North 5th Street, Kansas City, Kansas ACTION: Direct final rule. effect. 66101. Instructions: Direct your comments to SUMMARY: EPA is approving revisions to ADDRESSES: Submit your comments, RME ID No. R07–OAR–2005–NE–0001. the State Implementation Plan (SIP) and identified by Regional Material in EPA’s policy is that all comments Operating Permits Program submitted EDocket (RME) ID Number R07–OAR– received will be included in the public by the state of Nebraska. These revisions 2005–NE–0001, by one of the following docket without change and may be provide or incorporate rules for methods: made available online at http:// predictive emissions monitoring (PEMS) 1. Federal eRulemaking Portal: docket.epa.gov/rmepub/, including any in Chapter 34, delete obsolete footnotes http://www.regulations.gov. Follow the personal information provided, unless from Appendix III (relating to emissions on-line instructions for submitting the comment includes information inventories for hazardous air pollutants comments. claimed to be Confidential Business under the state’s operating permit 2. Agency Website: http:// Information (CBI) or other information program), correct a mistakenly worded docket.epa.gov/rmepub/. RME, EPA’s whose disclosure is restricted by statute. rule in Chapter 20 (relating to process electronic public docket and comment Do not submit information that you weight rates for particulate matter from system, is EPA’s preferred method for consider to be CBI or otherwise certain sources), and improve receiving comments. Once in the protected through RME, regulations.gov,
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or e-mail. The EPA RME Web site and What is EPA’s analysis of the revisions? What Does Federal Approval of a State the Federal regulations.gov Web site are Have the requirements for approval of a Regulation Mean to Me? ‘‘anonymous access’’ systems, which SIP and Part 70 revision been met? What action is EPA taking? Enforcement of the state regulation means EPA will not know your identity before and after it is incorporated into or contact information unless you What Is a SIP? the Federally-approved SIP is primarily provide it in the body of your comment. Section 110 of the Clean Air Act a state responsibility. However, after the If you send an e-mail comment directly (CAA) requires states to develop air regulation is Federally approved, we are to EPA without going through RME or pollution regulations and control authorized to take enforcement action regulations.gov, your e-mail address strategies to ensure that state air quality against violators. Citizens are also will be automatically captured and offered legal recourse to address included as part of the comment that is meets the national ambient air quality violations as described in section 304 of placed in the public docket and made standards established by EPA. These the CAA. available on the Internet. If you submit ambient standards are established under an electronic comment, EPA section 109 of the CAA, and they What Is the Part 70 Operating Permits recommends that you include your currently address six criteria pollutants. Program? These pollutants are: carbon monoxide, name and other contact information in The CAA Amendments of 1990 the body of your comment and with any nitrogen dioxide, ozone, lead, require all states to develop operating disk or CD–ROM you submit. If EPA particulate matter, and sulfur dioxide. permits programs that meet certain cannot read your comment due to Each state must submit these Federal criteria. In implementing this technical difficulties and cannot contact regulations and control strategies to us program, the states are to require certain you for clarification, EPA may not be for approval and incorporation into the sources of air pollution to obtain able to consider your comment. Federally-enforceable SIP. Each Federally-approved SIP protects permits that contain all applicable Electronic files should avoid the use of air quality primarily by addressing air requirements under the CAA. One special characters, any form of pollution at its point of origin. These purpose of the part 70 operating permits encryption, and be free of any defects or SIPs can be extensive, containing state program is to improve enforcement by viruses. issuing each source a single permit that Docket: All documents in the regulations or other enforceable consolidates all of the applicable CAA electronic docket are listed in the RME documents and supporting information requirements into a Federally- index at http://docket.epa.gov/rmepub/. such as emission inventories, enforceable document. By consolidating Although listed in the index, some monitoring networks, and modeling all of the applicable requirements for a information is not publicly available, demonstrations. facility into one document, the source, i.e., CBI or other information whose What Is the Federal Approval Process the public, and the permitting disclosure is restricted by statute. for a SIP? authorities can more easily determine Certain other material, such as In order for state regulations to be what CAA requirements apply and how copyrighted material, is not placed on incorporated into the Federally- compliance with those requirements is the Internet and will be publicly enforceable SIP, states must formally determined. available only in hard copy form. adopt the regulations and control Sources required to obtain an Publicly available docket materials are strategies consistent with state and operating permit under this program available either electronically in RME or Federal requirements. This process include ‘‘major’’ sources of air pollution in hard copy at the Environmental generally includes a public notice, and certain other sources specified in Protection Agency, Air Planning and public hearing, public comment period, the CAA or in our implementing Development Branch, 901 North 5th and a formal adoption by a state- regulations. For example, all sources Street, Kansas City, Kansas 66101. The authorized rulemaking body. regulated under the acid rain program, Regional Office’s official hours of Once a state rule, regulation, or regardless of size, must obtain permits. business are Monday through Friday, 8 control strategy is adopted, the state Examples of major sources include to 4:30 excluding Federal holidays. The submits it to us for inclusion into the those that emit 100 tons per year or interested persons wanting to examine SIP. We must provide public notice and more of volatile organic compounds, these documents should make an seek additional public comment carbon monoxide, lead, sulfur dioxide, appointment with the office at least 24 regarding the proposed Federal action nitrogen dioxide, or PM ; those that hours in advance. 10 on the state submission. If adverse emit 10 tons per year of any single FOR FURTHER INFORMATION CONTACT: comments are received, they must be hazardous air pollutant (HAP) Shelly Rios-LaLuz at (913) 551–7296 or addressed prior to any final Federal (specifically listed under the CAA); or by e-mail at [email protected]. action by us. those that emit 25 tons per year or more SUPPLEMENTARY INFORMATION: All state regulations and supporting of a combination of HAPs. Throughout this document whenever information approved by EPA under Revision to the state and local ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean section 110 of the CAA are incorporated agencies operating permits program are EPA. This section provides additional into the Federally-approved SIP. also subject to public notice, comment, information by addressing the following Records of such SIP actions are and our approval. questions: maintained in the Code of Federal What Is the Federal Approval Process What is a SIP? Regulations (CFR) at title 40, part 52, What is the Federal approval process for a entitled ‘‘Approval and Promulgation of for an Operating Permits Program? SIP? Implementation Plans.’’ The actual state In order for state regulations to be What does Federal approval of a state regulations which are approved are not included in the Federally-enforceable regulation mean to me? reproduced in their entirety in the CFR Title V operating permits program, What is the Part 70 operating permits program? outright but are ‘‘incorporated by states must formally adopt regulations What is the Federal approval process for an reference,’’ which means that we have consistent with state and Federal operating permits program? approved a given state regulation with requirements. This process generally What is being addressed in this document? a specific effective date. includes a public notice, public hearing,
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public comment period, and a formal subject only to various implementation revision to the operating permits adoption by a state-authorized plan requirements (and not to federally program. rulemaking body. promulgated requirements such as New What Action Is EPA Taking? Once a state rule, regulation, or Source Performance Standards (40 CFR control strategy is adopted, the state Part 60)) requires that alternative PEMS We are approving, as an amendment submits it to us for inclusion into the monitoring be approved by the state and to the Nebraska SIP, revisions to Title approved operating permits program. EPA. Because of the limitations and 129, Chapters 20 and 34 (with the We must provide public notice and seek safeguards included in the rule, EPA exception of Chapter 34, section 005) as additional public comment regarding believes that it is acceptable. described in this rule. We are also the proposed Federal action on the state The re-formatting of sections 002 and approving, as a program revision to the submission. If adverse comments are 003 in Chapter 20 resulted in a state’s part 70 Operating Permits received, they must be addressed prior renumbering of these sections. The Program, revisions to Title 129, to any final Federal action by us. consolidation of the emissions rates in Appendix III. Revisions to Title 129, All state regulations and supporting Chapter 20 does not change any of the Chapter 20 became effective February 7, information approved by EPA under emissions rates but only clarifies them. 2004, and revisions to Title 129, Chapter 34 and Appendix III became effective section 502 of the CAA, including The changes in Appendix III relate to revisions to the state program, are November 24. 2003. In this action we emission inventory reporting for included in the Federally-approved are not acting on Title 129, Chapter 42 Hazardous Air Pollutants (HAPs). operating permits program. Records of relating to Permits-by-Rule. Although these modifications include such actions are maintained in the CFR EPA is processing this action as a minor technical amendments to how at Title 40, part 70, appendix A, entitled direct final action because the revisions emissions are reported, they do not ‘‘Approval Status of State and Local make routine changes to the existing change previous reporting requirements Operating Permits Programs.’’ rules which are noncontroversial. for HAPs. These changes are not Therefore, we do not anticipate any What Is Being Addressed in This substantive, thus we are approving these adverse comments. Please note that if Document? changes. EPA receives adverse comment on part On June 4, 2004, we received a For the reasons stated above, we have of this rule and if that part can be request from the state of Nebraska to determined that the revisions to severed from the remainder of the rule, approve revisions to Nebraska’s State Nebraska’s State Implementation Plan EPA may adopt as final those parts of Implementation Plan and Part 70 and to the Operating Permits Program the rule that are not the subject of an Operating Permits Program. These described above should be approved. In adverse comment. revisions were adopted by the Nebraska this action, we are not acting on Title Department of Environmental Quality 129, Chapter 34, Section 005 relating to Statutory and Executive Order Reviews (NDEQ) on June 6, 2003, and on continuous emissions monitoring for Under Executive Order 12866 (58 FR September 4, 2003. This action certain sources subject to SIP 51735, October 4, 1993), this action is addresses rule revisions to Title 129— requirements. NDEQ had revised this not a ‘‘significant regulatory action’’ and Nebraska Air Quality Regulations, rule in a manner which is inconsistent therefore is not subject to review by the Chapters 20 and 34 and Appendix III. with EPA requirements (40 CFR part 51, Office of Management and Budget. For The purpose of these revisions are to: (a) appendix P). As a result, NDEQ this reason, this action is also not Provide or incorporate rules for determined that this provision should subject to Executive Order 13211, Predictive Emissions Monitoring be further revised to be consistent with ‘‘Actions Concerning Regulations That Systems (PEMS) in Chapter 34; (b) the Federal rule and will submit a Significantly Affect Energy Supply, delete, from Appendix III, obsolete revision to its rulemaking council in the Distribution, or Use’’ (66 FR 28355, May footnotes which described the uses of near future. EPA will act on this rule 22, 2001). This action merely approves the various hazardous air pollutants when it is revised, in a separate state law as meeting Federal listed in the appendix; (c) correct a rulemaking. In this action we are also requirements and imposes no additional mistakenly worded rule in Chapter 20 not acting on Title 129, Chapter 42 requirements beyond those imposed by (which establishes emissions rates for relating to Permits-by-Rule. NDEQ has state law. Accordingly, the particulates from certain industrial made revisions to this chapter and will Administrator certifies that this rule processes); and (d) improve be submitting them in the near future. will not have a significant economic understanding of Chapter 20 by Action on Chapter 42 will be taken at impact on a substantial number of small consolidating various process weight a future date. entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rates into a single table. Have the Requirements for Approval of rule approves pre-existing requirements a SIP and Part 70 Revision Been Met? What Is EPA’s Analysis of the under state law and does not impose Revisions? The state submittal has met the public any additional enforceable duty beyond The addition of regulations governing notice requirements for SIP submissions that required by state law, it does not PEMS introduces regulatory in accordance with 40 CFR 51.102. The contain any unfunded mandate or requirements under which Predictive submittal also satisfied the significantly or uniquely affect small Emissions Monitoring may be used in completeness criteria of 40 CFR part 51, governments, as described in the the state of Nebraska. The Nebraska appendix V. In addition, as explained Unfunded Mandates Reform Act of 1995 Department of Environmental Quality above and in more detail in the (Pub. L. 104–4). determined that the use of PEMS is an technical support document which is This rule also does not have tribal appropriate alternative to Continuous part of this document, the revision implications because it will not have a Emissions Monitoring in some meets the substantive SIP requirements substantial direct effect on one or more instances. The rule allows the state to of the CAA, including section 110 and Indian tribes, on the relationship require PEMS under certain implementing regulations. The revision between the Federal Government and circumstances described in the rule. The also meets the applicable requirements Indian tribes, or on the distribution of rule, which is applicable to sources of Title V and EPA regulations for power and responsibilities between the
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Federal Government and Indian tribes, apply. This rule does not impose an List of Subjects as specified by Executive Order 13175 information collection burden under the 40 CFR Part 52 (65 FR 67249, November 9, 2000). This provisions of the Paperwork Reduction action also does not have Federalism Act of 1995 (44 U.S.C. 3501 et seq.). Environmental protection, Air implications because it does not have The Congressional Review Act, 5 pollution control, Carbon monoxide, substantial direct effects on the States, U.S.C. 801 et seq., as added by the Small Incorporation by reference, on the relationship between the national Business Regulatory Enforcement Intergovernmental relations, Lead, government and the States, or on the Fairness Act of 1996, generally provides Nitrogen dioxide, Ozone, Particulate distribution of power and that before a rule may take effect, the matter, Reporting and recordkeeping responsibilities among the various agency promulgating the rule must requirements, Sulfur oxides, Volatile levels of government, as specified in submit a rule report, which includes a organic compounds. Executive Order 13132 (64 FR 43255, copy of the rule, to each House of the 40 CFR Part 70 August 10, 1999). This action merely Congress and to the Comptroller General approves a state rule implementing a of the United States. EPA will submit a Administrative practice and Federal standard, and does not alter the report containing this rule and other procedure, Air pollution control, relationship or the distribution of power required information to the U.S. Senate, Intergovernmental relations, Operating and responsibilities established in the the U.S. House of Representatives, and permits, Reporting and recordkeeping CAA. This rule also is not subject to the Comptroller General of the United requirements. Executive Order 13045, ‘‘Protection of States prior to publication of the rule in Dated: March 21, 2005. Children from Environmental Health the Federal Register. A major rule James B. Gulliford, Risks and Safety Risks’’ (62 FR 19885, cannot take effect until 60 days after it Regional Administrator, Region 7. April 23, 1997), because it is not is published in the Federal Register. economically significant. This action is not a ‘‘major rule’’ as I Chapter I, title 40 of the Code of In reviewing state submissions, EPA’s defined by 5 U.S.C. 804(2). Federal Regulations is amended as role is to approve state choices, Under section 307(b)(1) of the Clean follows: provided that they meet the criteria of Air Act, petitions for judicial review of PART 52—[AMENDED] the CAA. In this context, in the absence this action must be filed in the United of a prior existing requirement for the States Court of Appeals for the I 1. The authority citation for part 52 State to use voluntary consensus appropriate circuit by May 31, 2005. continues to read as follows: standards (VCS), EPA has no authority Filing a petition for reconsideration by Authority: 42 U.S.C. 7401 et seq. to disapprove a SIP submission for the Administrator of this final rule does failure to use VCS. It would thus be not affect the finality of this rule for the Subpart CC—Nebraska inconsistent with applicable law for purposes of judicial review nor does it EPA, when it reviews a SIP submission, extend the time within which a petition I 2. In § 52.1420 the table in paragraph to use VCS in place of a SIP submission for judicial review may be filed, and (c) is amended by revising the entries for that otherwise satisfies the provisions of shall not postpone the effectiveness of 129–20 and 129–34 to read as follows: the CAA. Thus, the requirements of such rule or action. This action may not section 12(d) of the National be challenged later in proceedings to § 52.1420 Identification of plan. Technology Transfer and Advancement enforce its requirements. (See section * * * * * Act of 1995 (15 U.S.C. 272 note) do not 307(b)(2).) (c) * * *
EPA-APPROVED NEBRASKA REGULATIONS
State Nebraska citation Title effective EPA approval date Explanation date
State of Nebraska Department of Environmental Quality
Title 129—Nebraska Air Quality Regulations
129–20 ...... Particulate Emissions; Limitations and 2/7/04 3/31/05, [insert FR page number where Standards (Exceptions Due to Break- the document begins]. downs or Scheduled Maintenance: See Chapter 35).
******* 129–34 ...... Emission Sources; Testing; Monitoring 11/24/03 3/31/05, [insert FR page number where Section 005 is not the document begins]. SIP approved.
*******
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* * * * * City of Omaha; Lincoln-Lancaster (h) The Nebraska Department of County Health Department to read as Environmental Quality approved a revision PART 70—[AMENDED] follows: to NDEQ Title 129, appendix III, on November 19, 2003, which became effective I 1. The authority citation for Part 70 Appendix A to Part 70—Approval November 24, 2003. This revision was continues to read as follows: Status of State and Local Operating submitted on June 4, 2004. We are approving Authority: 42 U.S.C. 7401 et seq. Permits Programs this program revision effective May 31, 2005. Appendix A—[Amended] * * * * * * * * * * Nebraska; City of Omaha; Lincoln- [FR Doc. 05–6369 Filed 3–30–05; 8:45 am] I 2. Appendix A to Part 70 is amended Lancaster County Health Department by adding paragraph (h) under Nebraska; * * * * * BILLING CODE 6560–50–P
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Proposed Rules Federal Register Vol. 70, No. 61
Thursday, March 31, 2005
This section of the FEDERAL REGISTER listing of the contents of the official and spread of plant pests that are new contains notices to the public of the proposed public docket, and to access those to or not widely distributed within the issuance of rules and regulations. The documents in the public docket that are United States. purpose of these notices is to give interested available electronically. Once you have In this document, we are proposing to persons an opportunity to participate in the entered EDOCKET, click on the ‘‘View rule making prior to the adoption of the final amend the regulations to list a number rules. Open APHIS Dockets’’ link to locate this of fruits and vegetables from certain document. parts of the world as eligible, under • Postal Mail/Commercial Delivery: specified conditions, for importation DEPARTMENT OF AGRICULTURE Please send four copies of your into the United States. Many of these comment (an original and three copies) fruits and vegetables are already eligible Animal and Plant Health Inspection to Docket No. 03–048–1, Regulatory for importation under permit, but are Service Analysis and Development, PPD, not specifically listed in the regulations. APHIS, Station 3C71, 4700 River Road, All of the fruits and vegetables, as a 7 CFR Part 319 Unit 118, Riverdale, MD 20737–1238. condition of entry, would be inspected [Docket No. 03–048–1] Please state that your comment refers to and subject to treatment at the port of Docket No. 03–048–1. first arrival as may be required by an • Importation of Fruits and Vegetables Federal eRulemaking Portal: Go to inspector. In addition, some of the fruits http://www.regulations.gov and follow and vegetables would have to meet AGENCY: Animal and Plant Health the instructions for locating this docket other special conditions. We are also Inspection Service, USDA. and submitting comments. proposing to recognize areas in several ACTION: Proposed rule. Reading Room: You may read any countries as free from certain fruit flies; comments that we receive on this add an alternative treatment for SUMMARY: We are proposing to amend docket in our reading room. The reading the fruits and vegetables regulations to specified commodities; provide for the room is located in room 1141 of the importation of untreated citrus from list a number of fruits and vegetables USDA South Building, 14th Street and from certain parts of the world as Mexico for processing under certain Independence Avenue, SW., conditions; and to add, modify, or eligible, under specified conditions, for Washington, DC. Normal reading room importation into the United States. remove certain definitions make other hours are 8 a.m. to 4:30 p.m., Monday miscellaneous changes. Our proposed Many of these fruits and vegetables are through Friday, except holidays. To be already eligible for importation under amendments are discussed below by sure someone is there to help you, topic. permit, but are not specifically listed in please call (202) 690–2817 before the regulations. All of the fruits and coming. Fruits and Vegetables Eligible for Entry vegetables, as a condition of entry, Other Information: You may view Under Permit would be inspected and subject to APHIS documents published in the Prior to 1992, APHIS did not treatment at the port of first arrival as Federal Register and related specifically amend the regulations to list may be required by an inspector. In information on the Internet at http:// those fruits and vegetables for which we addition, some of the fruits and www.aphis.usda.gov/ppd/rad/ issued a permit after determining that vegetables would be required to be webrepor.html. the fruit or vegetable was eligible for treated or meet other special conditions. entry under the regulations in § 319.56– We also propose to recognize areas in FOR FURTHER INFORMATION CONTACT: Ms. 2(e). However, in 1992, in an effort to several countries as free from certain Donna L. West, Senior Import increase transparency, we changed our fruit flies; provide for the importation of Specialist, Phytosanitary Issues approach and began to amend the untreated citrus from Mexico for Management, PPQ, APHIS, 4700 River regulations to specifically list all newly processing under certain conditions; Road, Unit 140, Riverdale, MD 20737– eligible fruits and vegetables (i.e., those add, modify, or remove certain 1228; (301) 734–8262. that were not previously eligible under definitions; eliminate or modify existing SUPPLEMENTARY INFORMATION: a specific administrative instruction or treatment requirements for specified Background imported under permit in accordance commodities; and make other with § 319.56–2(e)). In most cases, we miscellaneous changes. These actions Under the Plant Protection Act (7 have not amended the regulations to list would improve the transparency of our U.S.C. 7701–7772), the Secretary of the fruits and vegetables that were regulations while continuing to protect Agriculture is authorized to regulate the allowed entry exclusively under permit against the introduction of quarantine importation of plants, plant products, prior to our decision to specifically list pests through imported fruits and and other articles to prevent the the commodities in the regulations. vegetables. introduction of plant pests into the United States or the dissemination of In this document, we are proposing to DATES: We will consider all comments plant pests within the United States. amend the regulations to list a number that we receive on or before May 31, The regulations in ‘‘Subpart-Fruits of those fruits and vegetables that were 2005. and Vegetables’’ (7 CFR 319.56 through approved for entry prior to 1992 and ADDRESSES: You may submit comments 319.56–8, referred to below as the that have been eligible for importation by any of the following methods: regulations) prohibit or restrict the under permit. In those cases where a • EDOCKET: Go to http:// importation of fruits and vegetables into permit has contained additional www.epa.gov/feddocket to submit or the United States from certain parts of conditions that apply to the importation view public comments, access the index the world to prevent the introduction of the fruit or vegetable (such as a
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requirement for a phytosanitary Section 319.56–6 also provides that any United States in accordance with the certificate with an additional shipment of fruits and vegetables may inspection and disinfection declaration or limitations on the origin be refused entry if the shipment is so requirements of § 319.56–6 and all other or distribution of the article), those infested with plant pests that an applicable requirements of the additional conditions would be inspector determines that it cannot be regulations. We propose to amend that reflected in the regulations. This cleaned or treated. list to include the following additional proposed action would serve to improve As noted previously, some of the fruits and vegetables from certain the transparency of our regulations. fruits and vegetables we would list in countries. All of these fruits and the regulations would have to meet vegetables are eligible for importation The permit requirement for these other special conditions. The proposed into the United States in accordance fruits and vegetables would continue to conditions of entry, which are discussed apply to their importation, as would the below, appear adequate to prevent the with § 319.56–6 and all other applicable requirements of § 319.56–6 of the introduction and spread of quarantine requirements of the regulations. These regulations. Under § 319.56–6, all pests through the importation of these fruits and vegetables also meet the imported fruits and vegetables, as a fruits and vegetables. criteria of § 319.56–2(e)(4) and have condition of entry into the United been imported into the United States States, must be inspected; they are also Inspected and Subject to Disinfection under permit since before 1992. subject to disinfection at the port of first Section 319.56–2t lists fruits and arrival if an inspector requires it. vegetables that may be imported into the
Country of origin Common name Botanical name
Argentina ...... Allium ...... Allium spp. Belgium ...... Cichorium ...... Cichorium spp. Belize ...... Pepper ...... Capsicum spp. Brazil ...... Dasheen ...... Colocasia esculenta. Ginger root ...... Zingiber officinale. Chile ...... Asparagus ...... Asparagus officinalis. Blackberry ...... Rubus spp. Blueberry ...... Vaccinium spp. Raspberry ...... Rubus spp. China ...... Ginger root ...... Zingiber officinale. Colombia ...... Banana ...... Musa spp. Costa Rica ...... Banana ...... Musa spp. Carrot ...... Daucus carota ssp. sativus. Cucurbit ...... Cucurbitaceae. Dominican Republic ...... Avocado ...... Persea americana. Banana ...... Musa spp. Breadfruit ...... Artocarpus altilis. Cassava ...... Manihot esculenta. Celeriac ...... Apium graveolens var. dulce. Citrus ...... Citrus spp. Cucurbit ...... Cucurbitaceae. Dasheen ...... Colocasia esculenta. Genip ...... Melicoccus bijugatus. Pepper ...... Capsicum spp. Guatemala ...... Banana ...... Musa spp. Cichorium ...... Cichorium spp. Cucurbit ...... Cucurbitaceae. Okra ...... Abelmoschus esculentus. Honduras ...... Cucurbit ...... Cucurbitaceae. Okra ...... Abelmoschus esculentus. Israel ...... Basil ...... Ocimum spp. Jamaica ...... Cucurbit ...... Cucurbitaceae. Mexico ...... Artichoke, globe ...... Cynara scolymus. Artichoke, Jerusalem ...... Helianthus tubersus. Basil ...... Ocimum spp. Blackberry ...... Rubus spp. Celery ...... Apium graveolens var. dulce. Cichorium ...... Cichorium spp. Dill ...... Anethum graveolens. Jicama or yam bean ...... Pachyrhizus tuberosus, P. erosus. Lettuce ...... Lactuca sativa. Oregano ...... Origanum spp. Pepper ...... Capsicum spp. Raspberry ...... Rubus spp. Spinach ...... Spinacia oleracea. Strawberry ...... Fragaria spp. Swiss chard ...... Beta vulgaris var. cicla. Tomatillo ...... Physalis ixocarpa. Netherlands ...... Cichorium ...... Cichorium spp. Cucurbit ...... Cucurbitaceae. Eggplant ...... Solanum melongena. Nicaragua ...... Banana ...... Musa spp. Dasheen ...... Colocasia esculenta.
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Country of origin Common name Botanical name
Panama ...... Cucurbit ...... Cucurbitaceae. Peru ...... Banana ...... Musa spp. Spain ...... Cucurbit ...... Cucurbitaceae. Lemon ...... Citrus limon. Trinidad and Tobago ...... Cucurbit ...... Cucurbitaceae. Venezuela ...... Banana ...... Musa spp.
We have determined that any variety of an article listed in the table. grown in an area recognized by APHIS quarantine pests that might be carried These specific restrictions would be as as free of Mediterranean fruit fly by any of the fruits and vegetables listed follows: (Medfly, Ceratitis capitata), and are above would be readily detectable by an • For cichorium from Belgium, accompanied by a phytosanitary inspector. Therefore, the provisions of Guatemala, and Mexico, paragraph certificate issued by the national plant § 319.56–6 for inspection and (b)(6)(ii) would specify chicory protection organization (NPPO) in their disinfection at the U.S. port of first (Cichorium intybus) and endive (C. country of origin. The proposed origin arrival appear adequate to prevent the endiva) only. and phytosanitary certificate • introduction into the United States of For peppers from Belize and requirements for these fruits, which quarantine pests by the importation of Mexico, paragraph (b)(6)(iii) would reflect the current permit conditions these fruits and vegetables. specify that rocoto pepper or that apply to their importation, are Paragraph (b) of § 319.56–2t currently chamburoto (Capsicum pubescens) is necessary to assure us that the fruits sets out any additional restrictions that prohibited. • originated in a Medfly-free area and may apply to a fruit or vegetable listed For citrus from the Dominican were inspected and found free of plant in the table in paragraph (a) of that Republic, paragraph (b)(6)(iv) would pests. section, such as a requirement for a specify grapefruit (Citrus paradisi), phytosanitary certificate with an lemon (C. limon), orange (C. sinensis), To address those cases where the additional declaration or limitations on sour lime (C. aurantiifolia), and fruits and vegetables listed below are the origin or distribution of the article. tangerine (C. reticulata) only. grown outside a Medfly-free area in In some cases, the entry we would add • For lemons from Spain, paragraph their respective countries of origin, we to § 319.56–2t for a particular fruit or (b)(6)(v) would specify smooth-skinned would also amend § 319.56–2x to add vegetable listed above would provide a variety only. these same fruits and vegetables to the broad common name such as ‘‘citrus,’’ list of fruits and vegetables that may be but the permit for the article has been Fruit From Fruit Fly-Free Areas imported into the United States more specific, either naming particular We propose to amend § 319.56–2t to provided that they are treated in varieties as enterable or excluding allow the entry of the fruits and accordance with the Plant Protection specific varieties. To account for this, vegetables listed below, which are and Quarantine (PPQ) Treatment we would add a new paragraph (b)(6) to currently eligible for entry under Manual, which is incorporated by § 319.56–2t in which we would set out permit, provided the shipments meet reference at 7 CFR 300.1, or irradiated any specific restrictions on the type or the criteria set forth in § 319.56–6, were in accordance with 7 CFR 305.2.
Country of origin Common name Botanical name
Argentina ...... Apple ...... Malus domestica. Apricot ...... Prunus americana. Cherry ...... Prunus avium, P. cerasus. Kiwi ...... Actinidia deliciosa. Nectarine ...... Prunus persica var. nucipersica. Peach ...... Prunus persica var. persica. Pear ...... Pyrus communis. Plum ...... Prunus domestica subsp. domestica. Pomegranate ...... Punica granatum. Quince ...... Cydonia oblonga. Chile ...... Apple ...... Malus domestica. Avocado ...... Persea americana. Cherry ...... Prunus avium, P. cerasus. Pear ...... Pyrus communis.
Papayas and Pineapples host to the papaya fruit fly, a plant pest bromeliad industries in Hawaii; not present in Hawaii. Shipments of therefore, we believe it is necessary to We propose to add papayas and papayas would be prohibited in order to prohibit shipment of untreated pineapples from various countries from prevent the introduction of this pest pineapples into Hawaii in order to which they are currently enterable into Hawaii. Similarly, pineapples and protect those industries. This proposed under permit to the list in § 319.56–2t, other bromeliads are host to numerous limitation on the distribution of these under the condition that cartons plant pests and diseases (e.g., burrowing papayas and pineapples reflect the containing these fruits be stamped ‘‘Not nematode, mealybug, root rot) that current permit conditions that apply to for distribution in Hawaii.’’ Papayas are could pose a risk to the pineapple and their importation.
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Country of origin Common name Botanical name
Dominican Republic ...... Papaya ...... Carica papaya. Pineapple ...... Ananas comosus. Ecuador ...... Pineapple ...... Ananas comosus. Jamaica ...... Papaya ...... Carica papaya.
Papayas From Central America and a request by Brazil’s Ministry of § 305.2(a) as a condition of entry into Brazil Agriculture, we are proposing to lower the United States may instead be treated the required temperature of the hot by irradiation in accordance with part The regulations in § 319.56–2w ° ° provide that papayas from certain areas water treatment from 49 C to 48 C, 305. Elsewhere in the regulations, the in Central America and Brazil may be which has been determined to be as irradiation option is specifically noted imported into the United States if they effective and less damaging to the fruit. where applicable, but it is not mentioned in §§ 319.56–2j or 319.56–2v. are grown, treated, packed, labeled, and Field-Grown Grapes shipped according to certain Therefore, we are proposing to amend The regulations in § 319.56–2k those sections to explicitly cite the specifications to prevent the provide procedures for the fumigation of availability of the irradiation option. introduction of fruit flies into the shipments of field-grown grapes from United States. Papayas from those areas certain of the continental countries of Blueberries From South America listed in § 319.56–2w(a) may be southern and middle Europe, North Under the regulations in § 319.56–2x, imported into the United States only if Africa, and the Near East. A list of certain fruits and vegetables, including they meet a series of 10 conditions countries included in these geographical blueberries (Vaccinium spp.) from which we have determined to be areas is provided at § 319.56–2k(a). specified countries in South America sufficient to prevent the introduction of We are proposing to update that list (Argentina, Bolivia, Ecuador, and Peru), fruit flies into the United States. Those of countries by removing a reference to may currently be imported into the conditions can be found in paragraphs the ‘‘Union of Soviet Socialist United States provided that they are (1) (b) through (k) of § 319.56–2w. The Republics’’ and replacing it with treated with methyl bromide in papayas are also subject to inspection, references to the 15 successor States to accordance with the PPQ Treatment disinfection, or both, at the port of first the former Soviet Union. Those States Manual or (2) irradiated in accordance arrival in accordance with § 319.56–6. are: Armenia, Azerbaijan, Belarus, with 7 CFR 305.2. The State of Espirito Santo in Brazil and Estonia, Georgia, Kazakhstan, Blueberries from Argentina, Bolivia, the Departments of Carazo, Granada, Kyrgyzstan, Latvia, Lithuania, Republic Ecuador, and Peru are currently Managua, Masaya, and Rivas in of Moldova, Russian Federation, required to be treated in order to Nicaragua are among the eligible Tajikistan, Turkmenistan, Ukraine, and mitigate the risk of Medfly infestation. locations listed in § 319.56–2w(a). Uzbekistan. However, blueberries are not a host for We are now proposing to amend Medfly in South America, and § 319.56–2w(a) by adding two new areas Irradiation Treatment blueberries are not listed as a regulated of Brazil to the list of localities eligible The regulations in § 319.56–2j contain article in our domestic Medfly to export papayas to the United States. requirements applicable to the regulations in 7 CFR 301.78–2. Local exporters and Brazil’s Ministry of importation into the United States of Therefore, we propose to amend the Agriculture have agreed to meet the 10 apples and pears from Australia regulations to remove the treatment conditions mentioned above with regard (including Tasmania) and New Zealand. requirement for blueberries from South to papayas grown and exported from Footnote 4 in that section states that America in order to make our import certain areas in the State of Bahia and apples and pears from Australia requirements consistent with our the State of Rio Grande del Norte. (excluding Tasmania) where certain domestic requirements. To accomplish Therefore, we propose to add portions tropical fruit flies occur are also subject this, we would remove the entries for of the States of Bahia and Rio Grande to the cold treatment requirements blueberries from Argentina, Bolivia, del Norte to the list in § 319.56–2w(a)(1) found at § 319.56–2d. Ecuador, and Peru from the table in of areas in Brazil approved to export The regulations in § 319.56–2v govern § 319.56–2x and add entries for papayas to the United States. the importation into the United States of blueberries from those countries to the We are also proposing to add the citrus from Australia. Paragraph (c) in table in § 319.56–2t, which lists fruits Department of Leon to the list of areas that section states that citrus from areas and vegetables that may be imported in in Nicaragua approved to export in Australia where certain tropical fruit accordance with § 319.56–6 and all papayas to the United States, since local flies occur is also subject to the cold other applicable requirements of the exporters and Nicaragua’s Ministry of treatment requirements found in the regulations, but do not require treatment Agriculture have agreed to meet the 10 PPQ Treatment Manual. as a condition of entry. As a result of conditions mentioned above with regard However, the fruits listed above are this proposed change, blueberries from to papayas grown and exported from the also eligible for importation if they have Argentina, Bolivia, Ecuador, and Peru Department of Leon. Therefore, we been irradiated in accordance with 7 would no longer have to be fumigated propose to add the Department of Leon CFR part 305. The regulations in with methyl bromide or irradiated to be to the list in § 319.56–2w(a)(6) of areas § 319.56–2(k) provide that any fruit or eligible for importation into the United in Nicaragua approved to export vegetable that is required by the States. papayas to the United States. regulations or the PPQ Treatment We are also proposing to amend Finally, the regulations in § 319.56– Manual to be treated or subjected to § 319.56–2t by adding an entry for 2w(c) currently state that the papayas other growing or inspection blueberries from Colombia. Unlike the must be treated with a hot water requirements to control one or more of blueberries from Argentina, Bolivia, treatment consisting of 20 minutes in the 11 species of fruit flies and one Ecuador, and Peru discussed in the water at 49 °C (120.2 °F). In response to species of seed weevil listed in previous paragraph, blueberries from
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Colombia have not previously been through other areas that have not been areas at a rate of 1 to 4 traps per 250 eligible for entry. However, we have designated free of those pests. hectares. prepared a pest risk assessment, which We would require that, upon trapping Grapefruit, Sweet Oranges, and may be obtained from the person listed of a Mexican fruit fly, Sapote fruit fly, Tangerines From Mexico under FOR FURTHER INFORMATION or Medfly in a production site or buffer CONTACT, that concludes that there are We propose to allow grapefruit (Citrus area, exports to the United States from no quarantine pests associated with paradisi), sweet oranges (Citrus that production site would be blueberries from Colombia that are sinensis), and tangerines (Citrus prohibited until the Administrator likely to follow the import pathway. reticulata) from areas of Mexico where determines that the phytosanitary Therefore, we are proposing to add certain fruit flies occur to be imported measures taken have been effective to blueberries from Colombia to the list of into the United States without treatment allow the resumption of exports from fruits and vegetables that may be under certain conditions, which would that production site. Such measures imported into the United States in be set forth in a new § 319.56–2nn. may include increased trapping accordance with § 319.56–6 and all Grapefruit, sweet oranges, and densities, pesticide applications, or other applicable requirements of the tangerines from Mexico are currently other measures. This proposed regulations. eligible for importation into the United requirement is necessary to ensure that States provided that shipments of fruit imported untreated citrus originates Fruit Fly-Free Areas in Argentina are treated for Mexican fruit fly from areas where there is a low The regulations in § 319.56–2(j) list (Anastrepha ludens) and other prevalence of Mexican fruit fly, and areas in South and Central America that Anastrepha spp. fruit flies with a which is free of Sapote fruit fly and APHIS has determined meet the criteria treatment approved by APHIS, or that Medfly, as is the case in the areas in in § 319.56–2(e) and (f) with regard to the shipments originate in an area of Texas into which fruit would be freedom from Medfly. Argentina Mexico that has been determined to be allowed importation for processing. recently provided APHIS with fruit fly free of Mexican fruit fly and other In order to ensure the reliability of the survey data that demonstrate that Anastrepha spp. fruit flies. trapping programs, the growers who certain areas in southern Argentina meet The Government of Mexico has would conduct the trapping would be the criteria of § 319.56–2(f) for area requested that we allow untreated required to be monitored under an freedom from Medfly and other fruit grapefruit, sweet oranges, and APHIS-approved quality control flies. (The survey data are available tangerines to be imported and processed program. upon request from the person listed (i.e., juiced) in areas in the State of Safeguarding and certification. We under FOR FURTHER INFORMATION Texas that are under quarantine for would also require that fruit be CONTACT.) Following site visits by Mexican fruit fly and that are under an safeguarded against fruit fly infestation APHIS officials, we have successfully APHIS-approved preventative release from the time of harvest until its verified this area’s status as a fruit fly program using sterile insect technique processing in the United States. This free zone. for Mexican fruit fly. We considered proposed requirement is necessary to Therefore, we propose to amend Mexico’s request and believe that preclude the infestation of picked fruit paragraph (j) to state that the Patagonia untreated grapefruit, sweet oranges, and by plant pests, as well as the escape of region of Argentina is free of those tangerines can be safely imported, such pests from fruit and their pests. The Patagonia region includes provided they are grown, shipped, containers, and subsequent those areas along the valleys of the Rio handled, and processed under certain dissemination into the United States. Colorado and Rio Negro rivers and conditions, which are described below. Safeguarding could include packing the includes the provinces of Neuquen, Rio Sterile insect technique. Under this fruit in insect-proof cartons or Negro, Chubut, Santa Cruz, and Tierra proposed rule, the areas where imported containers, or covering fruit with insect- del Fuego. grapefruit, sweet oranges, and proof mesh or plastic tarpaulin, for transit to the United States from the Movement of Fruit From Pest-Free Areas tangerines are grown and surrounding 1.5 mile buffer areas must be production site. The specific methods We are proposing to amend § 319.56– administered under an APHIS-approved employed to safeguard fruit would have 2(g), which currently specifies the preventative release program using to be approved by APHIS prior to the requirements for the marking of boxes of sterile insect technique for the Mexican importation of fruit into the United fruits or vegetables produced in an area fruit fly. This condition mirrors States. In addition, each shipment of that has been determined to be free of requirements on production areas under fruit would be required to be certain pests in accordance with quarantine in the State of Texas for accompanied by a phytosanitary paragraphs (e)(3) or (4) and (f) of that Mexican fruit fly, and is intended to certificate issued by Mexico’s NPPO. section. While those paragraphs contain ensure that there is a low prevalence of The certificate would have to contain criteria for establishing the freedom of a reproducing Mexican fruit flies in additional declarations stating that the production area from certain pests, they production sites. trapping requirements described above do not address the pest status of other Fruit fly trapping protocol. In order to have been met. areas through which the fruits or assess the prevalence of fruit flies in Ports, route of transit, and vegetables produced there may move en production areas, surveillance for fruit destinations. We would require that route to the United States. In order to flies would be required as follows: harvested fruit enter the United States protect the fruits or vegetables from • For Mexican fruit fly and Sapote only through a port of entry located in potential infestation during its fruit fly (Anastrepha serpentina), one of the Texas counties listed in movement from the pest-free area to the APHIS-approved traps and lures must § 301.64–3(c) in order to protect against United States, we are proposing to be placed in production sites and the spread of fruit flies to noninfested amend paragraph (g) to require that each surrounding 1.5 mile buffer areas at a areas of the United States. To protect box of fruits or vegetables from areas rate of 1 trap per 10 hectares. against further introductions of fruit determined to be free of quarantine • For Medfly, APHIS-approved traps flies into the United States, harvested pests be safeguarded from infestation and lures must be placed in production fruit could only travel on the most while in transit to the United States sites and surrounding 1.5 mile buffer direct route to the processing plant from
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its point of entry into the United States, usefulness for the purposes of our restricted under the fruits and as specified in the permit issued for the regulations. The current definition of vegetables regulations. Further, importation of the fruit. Furthermore, cucurbits lists specific genera or species paragraph (e) of § 319.28 provides that fruit could only be processed at plants within the family Cucurbitaceae, while the importations allowed in paragraphs located within an area in Texas that is our proposed definition would simply (b), (c), and (d) of the subpart are subject under an APHIS approved preventative refer to any plants in the family to the permit and other requirements of release program using sterile insect Cucurbitaceae. The current definition of the fruits and vegetables regulations. technique for Mexican fruit fly. inspector refers only to APHIS Given those clear links between the Compliance agreements. In order to inspectors, while our proposed citrus subpart and the fruits and ensure compliance with the proposed definition would reflect the transfer of vegetables subpart, and given that there regulations and protection against the some inspection functions to the are no longer any other ‘‘special introduction of fruit flies into the Department of Homeland Security’s quarantines or other orders’’ relevant to United States, we would require Bureau of Customs and Border the importation of fruits and vegetables processing plants within the United Protection. The current definition of in force, we believe that paragraph (d) States to enter into a compliance port of first arrival refers to ‘‘the first of § 319.56 is no longer necessary. agreement with APHIS in order to port within the United States where the Therefore, we propose to remove that handle untreated grapefruit, sweet shipment is (1) offered for consumption paragraph from the regulations. oranges, and tangerines from Mexico. entry or (2) offered for entry for We are also proposing to remove APHIS would only enter into immediate transportation in bond,’’ paragraph (e) from § 319.56. That compliance agreements with facilities while our proposed definition would paragraph consists of a definition of the that handle and process grapefruit, simply refer to the first point in the term ‘‘United States.’’ Since we are sweet oranges, and tangerines from United States where a consignment is proposing to add a definition of ‘‘United Mexico in such a way as to eliminate offered for entry. States’’ to the subpart’s definitions any risk that exotic fruit flies could be Finally, we would add definitions of section (§ 319.56–1), paragraph disseminated into the United States, as import and importation and United § 319.56(e) is no longer necessary. determined by APHIS. States. Our proposed definitions of these terms are drawn from the Plant Changes in Terminology Definitions Protection Act and would serve to We propose to amend the list in We propose to amend § 319.56–1 by enhance the clarity of the regulations. § 319.56–2x of commodities enterable adding, removing, or modifying several subject to treatment by changing the definitions. First, for consistency with Treatments common name for Opuntia spp. our other regulations in title 7, we The regulations in §§ 319.56–2k, Currently, that species is listed as would remove the definition of Deputy 319.56–2m, and 319.56–2n contain enterable from Israel under the common Administrator and replace it with a specific treatment schedules for the name ‘‘cactus,’’ but that common name definition of Administrator. We would fumigation of grapes from middle is too broad. The regulated plant part is make a similar change throughout the Europe, North Africa, and the Near East, the fruit, which has the common name text of the regulations, replacing various fruits from Chile, and certain ‘‘tuna.’’ Therefore, in order to improve references to the Deputy Administrator fruits from other countries, respectively. the accuracy of the regulations, we with references to the Administrator. However, in each case, those same would replace the term ‘‘cactus’’ in the We would also add a definition of treatment schedules are also listed in table with the term ‘‘tuna.’’ APHIS to § 319.56–1. the PPQ Treatment Manual, which is We also propose to amend the We would remove the definition of incorporated by reference at 7 CFR regulations in § 319.56–2v, ‘‘Conditions plants or portions of plants and replace 300.1. Therefore, to eliminate the governing the entry of citrus from it with a definition of plant debris. This duplicative presentation of these Australia,’’ in order to update the change would differentiate detached treatment schedules, we are proposing scientific name for the Queensland fruit leaves from approved parts of plants, to remove the specific treatment fly. Currently, this fruit fly is listed as resulting in lessened restrictions on schedules currently found in §§ 319.56– Dacus tryoni [Frogg], but is referred to low-risk articles and facilitating the 2k(d), 319.56–2m(b), and 319.56–2n(b) elsewhere in our regulations as inspection process by clarifying our and replace them with references to the Bactrocera tryoni. Therefore, to make definition of allowable materials. It is PPQ Treatment Manual. our regulations internally consistent, we necessary to specify ‘‘detached leaves’’ Notice of Quarantine would replace the scientific name since attached leaves may qualify as ‘‘Dacus tryoni’’ with ‘‘Bactrocera tryoni’’ approved parts of some fruits and In § 319.56, ‘‘Notice of quarantine,’’ both times it occurs in § 319.56–2v. vegetables. In connection with this paragraph (d) states ‘‘This section leaves proposed change in definitions, we in full effect all special quarantines and Executive Order 12866 and Regulatory would amend § 319.56–2(a) by replacing other orders now in force restricting the Flexibility Act a reference to ‘‘plants or portions of entry into the United States of fruits and This proposed rule has been reviewed plants’’ with the term ‘‘plant debris.’’ vegetables with the exception of under Executive Order 12866. The rule We would replace the definition of Quarantine No. 49, with regulations, on has been determined to be not fresh fruits and vegetables with a account of the citrus black fly, which is significant for the purposes of Executive definition of fruits and vegetables in replaced by this section.’’ Currently, the Order 12866 and, therefore, has not order to achieve equivalence with the only remaining ‘‘special quarantine or been reviewed by the Office of definition listed in International Plant other order’’ relevant to the importation Management and Budget. Protection Convention’s ‘‘Glossary of of fruits and vegetables is ‘‘Subpart- In accordance with 5 U.S.C. 603, we Phytosanitary Terms.’’ Citrus Fruit’’ (§ 319.28), and the have performed an initial regulatory We would amend the definitions for introductory text of that subpart clearly flexibility analysis, which is set out cucurbits, inspector, and port of first indicates that the importation of fruits below, regarding the economic effects of arrival because the current definitions of citrus and citrus relatives, other than this proposed rule on small entities. are too specific, thus affecting their those specified in the subpart, is Based on the information we have, there
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is no reason to conclude that adoption As previously stated, many of the sporadically. For example, between of this proposed rule would result in commodities listed in this document 1997 and 2001, Nicaragua did not any significant economic effect on a may currently enter the United States export any papayas. In 2002, 203 metric substantial number of small entities. under permit. Therefore, we do not tons were exported to the world; the However, we do not currently have all expect the amount of commodities following year, 18 metric tons were of the data necessary for a submitted for importation to increase exported. Nicaragua did not export any comprehensive analysis of the effects of beyond current levels. Additionally, in papayas to the United States over that this proposed rule on small entities that many cases, importation of certain time period despite the fact that there may incur benefits or costs from the commodities is necessary given that the are five approved exporting regions in implementation of this proposed rule. commodities are not grown extensively Nicaragua. Therefore, the addition of Under the Plant Protection Act (7 in the United States (e.g., bananas, one more eligible exporting area to the U.S.C. 7701–7772), the Secretary of breadfruits, cassavas, chicory, dasheens, list should not have any substantial Agriculture is authorized to regulate the genip, kiwis, papayas, pineapples, impact on the U.S. papaya market. importation of plants, plant products, jicama, and tomatillos). In other Fruit Fly Free Areas and other articles to prevent the instances, importation augments introduction of plant pests into the domestic supplies that are not sufficient We are proposing to allow fruits to be United States or the dissemination of to meet consumer demand (e.g., apples, imported into the United States from a plant pests within the United States. blackberries, blueberries, carrots, new Medfly-free area in Argentina. We We are proposing to amend the fruits cherries, cucumbers, garlic, onions, have determined that the Patagonia and vegetables regulations to list a pears, raspberries, and strawberries). region of Argentina is free of those number of fruits and vegetables from pests. The Patagonia region includes certain parts of the world as eligible, Papayas From Brazil and Central those areas along the valleys of the Rio under specified conditions, for America Colorado and Rio Negro rivers and importation into the United States. We are proposing to list two includes the provinces of Neuquen, Rio Many of these fruits and vegetables are additional growing areas in Brazil (the Negro, Chubut, Santa Cruz, and Tierra already eligible for importation under States of Bahia and Rio Grande del del Fuego. permit, but are not specifically listed in Norte) and one additional area in Fruits from Argentina (apple, apricot, the regulations. All of the fruits and Nicaragua (the Department of Leon) as cherry, kiwi, nectarine, peach, pear, vegetables, as a condition of entry, eligible to export papayas into the plum, pomegranate, and quince) are would be inspected and subject to United States. Brazil is currently eligible already admissible into the United treatment at the port of first arrival as to export papayas into the United States States under permit from Argentina. The may be required by an inspector. In from the State of Espirito Santo. creation of a Medfly-free area would addition, some of the fruits and Nicaragua is currently eligible to export lessen certain treatment requirements, vegetables would be required to be papayas into the United States from the thus lowering the cost for exporters. treated or meet other special conditions. Departments of Carazo, Granada, This may, in turn, result in a lower cost We also propose to recognize areas in Managua, Masaya, and Rivas. for consumers. Further, as a country in several countries as free from certain Papaya production levels in the the Southern Hemisphere, Argentina’s fruit flies; provide for the importation of United States are small, with a majority growing seasons are the opposite of untreated citrus from Mexico for of papaya production occurring in those in the United States. An increased processing under certain conditions; Florida. Between 2000 and 2003, Brazil supply of Argentine fruit supplements add, modify, or remove certain represented, on average, 9 percent of the the U.S. winter fruit market. However, definitions; eliminate or modify existing total U.S. imports of papayas. The we do not anticipate that this treatment requirements for specified addition of two more Brazilian States to potentially increased supply will be commodities; and make other the list of areas eligible for export is large enough to have any substantial miscellaneous changes. These actions expected to increase the Brazilian share impact on small entities. would improve the transparency of our in the U.S. market for imported papayas. regulations while continuing to protect Brazil is a major producer of papayas, Citrus From Mexico against the introduction of quarantine however only 1.6 percent of its We are proposing to allow grapefruit pests through imported fruits and production is exported. The rest is (Citrus paradisi), sweet oranges (Citrus vegetables. reserved for domestic consumption. sinensis), and tangerines (Citrus The United States imports four times reticulata) from areas of Mexico where Impact on Small Entities the amount of papayas produced certain fruit flies occur to be imported The Regulatory Flexibility Act domestically, while, as stated into the United States without treatment requires agencies to consider the previously, the amount of Brazilian under certain conditions as long as the economic impact of their regulations on papayas imported into the United States citrus remains in areas of the United small entities and to use flexibility to accounts for, on average, 9 percent of States where the same fruit flies occur provide regulatory relief when the total U.S. imports of papayas. Even and the fruit is intended for processing regulations create economic disparities if Brazil greatly increases its exports to only. between differently sized entities. Data the United States, it is more likely to This change in the regulations would on the number and size of U.S. displace other countries’ shares of total positively affect U.S. citrus processing producers of the various commodities U.S. imports than to affect the overall plants. These businesses and their proposed for importation into the level of U.S. consumption. The surrounding areas are expected to United States in this document are not economic impact resulting from this benefit. In addition, there should be available. However, since most fruit and change is not expected to be substantial. added work for the U.S. trucking vegetable farms are small by Small There is no official production data industry as a result of the loading of the Business Administration standards, it is available for papayas produced in fruit containers at the U.S./Mexico likely that the majority of U.S. farms Nicaragua. However, the existing trade border and transport and unloading the producing the commodities listed below data show that Nicaragua has containers at the processing plants. are small. historically exported papayas very However, the exact amount of financial
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gain and the extent of the expected There is no reason to expect any inadvertently brought into the United economic impact would depend upon significant amount of economic impact States. These precautions, along with the volume of citrus fruits that entered on U.S. consumers or producers of other requirements, would ensure that the United States for processing. blueberries due to this proposed change. these items can be imported into the Between 2000 and 2002, the United This proposed rule contains certain United States with a minimal risk of States produced an average of 15 reporting and recordkeeping introducing exotic plant pests such as million metric tons of citrus fruits requirements (see ‘‘Paperwork fruit flies. annually. During that same period, Reduction Act’’ below). Allowing these fruits and vegetables Mexico produced an average of 4.9 Executive Order 12988 to be imported would necessitate the million metric tons of citrus fruits use of certain information collection annually. Mexican consumers greatly This proposed rule would allow activities, including the completion of favor fresh citrus over processed citrus, certain fruits and vegetables to be import permits, phytosanitary thus the majority of Mexican citrus imported into the United States from certificates, and fruit fly monitoring produced is consumed domestically certain parts of the world. If this records. with around 6 percent of average annual proposed rule is adopted, State and We are soliciting comments from the production serving as exports. local laws and regulations regarding the public (as well as affected agencies) Therefore, given the relatively small importation of fruits and vegetables concerning our proposed information amount of Mexican production when would be preempted while the fruits collection and recordkeeping compared to U.S. production levels, and vegetables are in foreign commerce. requirements. These comments will coupled with the small percentage of Fresh fruits and vegetables are generally help us: exported Mexican citrus, the economic imported for immediate distribution and (1) Evaluate whether the proposed impact due to this proposed change sale to the consuming public and would information collection is necessary for would be expected to be small. remain in foreign commerce until sold the proper performance of our agency’s to the ultimate consumer. The question Blueberries From Colombia functions, including whether the of when foreign commerce ceases in information will have practical utility; We are proposing to allow for the other cases must be addressed on a case- (2) Evaluate the accuracy of our importation of blueberries from by-case basis. If this proposed rule is estimate of the burden of the proposed Colombia into the United States. adopted, no retroactive effect will be information collection, including the Colombian blueberries have not been given to this rule, and this rule will not validity of the methodology and previously imported into the United require administrative proceedings assumptions used; States. Further, there is no official data before parties may file suit in court (3) Enhance the quality, utility, and concerning blueberry production in challenging this rule. clarity of the information to be Colombia. The country has never Paperwork Reduction Act collected; and exported blueberries on a commercial (4) Minimize the burden of the level. For these reasons, we cannot In accordance with section 3507(d) of information collection on those who are determine the what the economic effects the Paperwork Reduction Act of 1995 to respond (such as through the use of of this proposal would be, but they are (44 U.S.C. 3501 et seq.), the information appropriate automated, electronic, not expected to be significant. collection or recordkeeping mechanical, or other technological requirements included in this proposed Blueberries From South America collection techniques or other forms of rule have been submitted for approval to information technology; e.g., permitting We are proposing to eliminate the the Office of Management and Budget electronic submission of responses). methyl bromide treatment requirement (OMB). Please send written comments Estimate of burden: Public reporting for blueberries from certain countries in to the Office of Information and burden for this collection of information South America (Argentina, Bolivia, Regulatory Affairs, OMB, Attention: is estimated to average 4.4 hours per Ecuador, and Peru). These fruits are Desk Officer for APHIS, Washington, DC response. currently allowed entry into the United 20503. Please state that your comments Respondents: Growers, shippers, States subsequent to treatment. refer to Docket No. 03–048–1. Please national plant protection organizations. Between 2000 and 2002, the United send a copy of your comments to: (1) Estimated annual number of States produced an average of 123,801 Docket No. 03–048–1, Regulatory respondents: 1. metric tons of blueberries annually and Analysis and Development, PPD, Estimated annual number of has imported an average of 20,025 APHIS, Station 3C71, 4700 River Road responses per respondent: 5. metric tons. During this same time Unit 118, Riverdale, MD 20737–1238, Estimated annual number of period Argentina supplied 3 percent of and (2) Clearance Officer, OCIO, USDA, responses: 5. the total U.S. blueberry imports (253 room 404–W, 14th Street and Estimated total annual burden on metric tons). The United States has not Independence Avenue, SW., respondents: 22 hours. (Due to historically imported any blueberries Washington, DC 20250. A comment to averaging, the total annual burden hours from Bolivia, Ecuador, or Peru, nor are OMB is best assured of having its full may not equal the product of the annual there any data on production or effect if OMB receives it within 30 days number of responses multiplied by the commercial export of blueberries from of publication of this proposed rule. reporting burden per response.) those countries. In this document, we are proposing to Copies of this information collection Even if Argentina greatly increases its allow a number of fruits and vegetables can be obtained from Mrs. Celeste level of blueberry exports to the United from certain countries of the world to be Sickles, APHIS’ Information Collection States, it is more likely to displace other imported into the United States, under Coordinator, at (301) 734–7477. foreign blueberry suppliers (e.g., Chile, specified conditions. Before entering the which supplies an average of 30 percent United States, all of the fruits and Government Paperwork Elimination of all U.S. imported blueberries) than to vegetables would be subject to Act Compliance change the overall level of U.S. imports inspection and disinfection at the port The Animal and Plant Health of blueberries, which has remained at of first arrival in the United States to Inspection Service is committed to around 16 percent over the last 3 years. ensure that no plant pests are compliance with the Government
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Paperwork Elimination Act (GPEA), Fruits and vegetables. A commodity in Chile except Arica, and the which requires Government agencies in class for fresh parts of plants intended Department of Pete´n in Guatamala meet general to provide the public the option for consumption or processing and not the criteria of paragraphs (e) and (f) of of submitting information or transacting for planting. this section with regard to the insect business electronically to the maximum * * * * * pest Mediterranean fruit fly (Medfly) extent possible. For information Import and importation. To move (Ceratitis capitata [Wiedemann]). Also, pertinent to GPEA compliance related to into, or the act of movement into, the the Patagonia region of Argentina, this proposed rule, please contact Mrs. territorial limits of the United States. including those areas along the valleys Celeste Sickles, APHIS’ Information Inspector. Any individual authorized of the Rio Colorado and Rio Negro rivers Collection Coordinator, at (301) 734– by the Administrator of APHIS or the and also including the provinces of 7477. Commissioner of the Bureau of Customs Neuquen, Rio Negro, Chubut, Santa Cruz, and Tierra del Fuego, has been List of Subjects in 7 CFR Part 319 and Border Protection, Department of Homeland Security, to enforce the determined to meet the criteria of Coffee, Cotton, Fruits, Honey, regulations in this subpart. paragraphs (e) and (f) of this section Imports, Logs, Nursery stock, Plant * * * * * with regard to Medfly and Anastrepha diseases and pests, Quarantine, Plant debris. Detached leaves, twigs, spp. fruit flies. Fruits and vegetables Reporting and recordkeeping or other portions of plants, or plant litter otherwise eligible for importation under requirements, Rice, Vegetables. or rubbish as distinguished from this subpart may be imported from these Accordingly, we propose to amend 7 approved parts of clean fruits and areas without treatment for the specified CFR part 319 as follows: vegetables, or other commercial articles. pests. Port of first arrival. The first point of * * * * * PART 319—FOREIGN QUARANTINE entry into the United States where the § 319.56–2c [Amended] NOTICES consignment is offered for entry. 5. In § 319.56–2c paragraphs (b) and 1. The authority citation for part 319 * * * * * (e) would be amended by removing the would continue to read as follows: United States. All of the States of the words ‘‘Deputy Administrator of the Authority: 7 U.S.C. 450 and 7701–7772; 21 United States, the Commonwealth of Plant Protection and Quarantine U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and Northern Mariana Islands, the Programs’’ and adding the word 371.3. Commonwealth of Puerto Rico, the ‘‘Administrator’’ in their place. District of Columbia, Guam, the Virgin § 319.56 [Amended] Islands of the United States, and any § 319.56–2d [Amended] 2. Section 319.56 would be amended other territory or possession of the 6. Section 319.56–2d would be as follows: United States. amended as follows: a. In paragraph (c), by removing the 4. Section 319.56–2 would be a. In paragraphs (b)(5)(v)(F), words ‘‘Deputy Administrator of the amended as follows: (b)(5)(vi)(G), and (b)(5)(vii)(K), by Plant Protection and Quarantine a. In paragraph (a), by removing the removing the word ‘‘Deputy’’. Programs’’ and adding the word words ‘‘plants or portions of plants’’ and b. In paragraphs (b)(7)(i) and (c), by ‘‘Administrator’’ in their place. adding the words ‘‘plant debris’’ in their removing the words ‘‘Deputy b. By removing paragraphs (d) and (e). place. Administrator of the Plant Protection 3. Section 319.56–1 would be b. By revising paragraph (g) to read as and Quarantine Programs’’ and adding amended as follows: set forth below. the word ‘‘Administrator’’ in their place. a. By removing the definitions for c. By revising paragraph (j) to read as Deputy Administrator, fresh fruits and set forth below. § 319.56–2g [Amended] vegetables, and plants or portions of 7. In § 319.56–2g, the introductory plants. § 319.56–2 Restrictions on entry of fruits text of paragraph (b)(1) would be b. By adding, in alphabetical order, and vegetables. amended by removing the words new definitions for Administrator, * * * * * ‘‘Deputy Administrator of the Plant APHIS, fruits and vegetables, import (g) Each box of fruit or vegetables Protection and Quarantine Programs’’ and importation, plant debris and imported into the United States in and adding the word ‘‘Administrator’’ in United States to read as set forth below. accordance with paragraphs (e) or (f) of their place. c. By revising the definitions for this section must be safeguarded from 8. In § 319.56–2j, footnote 4 would be cucurbits, inspector, and port of first infestation while in transit to the United revised to read as follows: arrival to read as set forth below. States through any area that has not been designated as free from quarantine § 319.56–2j Conditions governing the entry § 319.56–1 Definitions. of apples and pears from Australia pests that attack the fruit or vegetable. (including Tasmania) and New Zealand.4 * * * * * Each box of fruit or vegetables imported 4 Administrator. The Administrator of into the United States in accordance Apples and pears from Australia the Animal and Plant Health Inspection with paragraphs (e)(3) or (4) and (f) of (excluding Tasmania) where certain tropical fruit flies occur are also subject to the Service, United States Department of this section must be clearly labeled Agriculture, or any employee of the irradiation requirements of § 305.2 or the with: cold treatment requirements of § 319.56–2d. United States Department of Agriculture (1) The name of the orchard or grove delegated to act in his or her stead. * * * * * of origin, or the name of the grower, and 9. Section 319.56–2k would be APHIS. The Animal and Plant Health (2) The name of the municipality and Inspection Service, United States amended as follows: State in which it was produced, and a. By revising the introductory text of Department of Agriculture. (3) The type and amount of fruit it the section to read as set forth below. * * * * * contains. b. By revising paragraph (a) to read as Cucurbits. Any plants in the family * * * * * set forth below. Cucurbitaceae. (j) The Administrator has determined c. In paragraph (d), by removing the * * * * * that all Districts in Belize, all provinces words ‘‘the following fumigation
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schedule:’’ and adding the words ‘‘the adding the word ‘‘Administrator’’ in 14. Section 319.56–2t would be Plant Protection and Quarantine their place. amended as follows: Treatment Manual.’’ in their place, and § 319.56–2m [Amended] a. In the table in paragraph (a), by by removing the subsequent table. revising the entry for jicama from d. In paragraph (g), by removing the 11. Section 319.56–2m would be amended as follows: Mexico and by adding, in alphabetical words ‘‘The treatment prescribed in order, entries for the following fruits paragraph (d) of this section is’’ and a. In the introductory text of the section, by removing the words ‘‘the and vegetables to read as set forth adding the words ‘‘The treatments below: Under Argentina, for allium, prescribed in the Plant Protection and following procedure’’ and adding the words ‘‘the Plant Protection and apple, apricot, blueberry, cherry, kiwi, Quarantine Treatment Manual are’’ in nectarine, peach, pear, plum, their place. Quarantine Treatment Manual (which is incorporated by reference at § 300.1 of pomegranate, and quince; under § 319.56–2k Administrative instructions this chapter)’’ in their place. Belgium, for cichorium; under Belize, prescribing method of fumigation of field- b. In paragraph (b), by removing the for pepper; under Bolivia, for blueberry; grown grapes from specified countries. words ‘‘the following schedule:’’ and under Chile, for apple, asparagus, Approved fumigation with methyl adding the words ‘‘the Plant Protection avocado, blackberry, blueberry, cherry, bromide at normal atmospheric and Quarantine Treatment Manual.’’ in pear, and raspberry; under China, for pressure, in accordance with the Plant their place, and by removing the ginger root; under Colombia, for banana Protection and Quarantine Treatment subsequent table. and blueberry; under Costa Rica, for Manual (which is incorporated by c. In paragraph (e), by removing the banana, carrot, and cucurbit; under reference at § 300.1 of this chapter), is words ‘‘paragraph (b) of this section’’ Dominican Republic, for avocado, hereby prescribed as a condition of and adding the words ‘‘the Plant banana, breadfruit, cassava, celeriac, entry under permit for all shipments of Protection and Quarantine Treatment citrus, cucurbit, dasheen, genip, papaya, field-grown grapes from the continental Manual’’ in their place. pepper, and pineapple; under Ecuador, for blueberry and pineapple; under countries of Asia, Europe, North Africa, § 319.56–2n [Amended] and the Near East listed in paragraph (a) Guatemala, for banana, cichorium, 12. Section 319.56–2n would be of this section. This fumigation shall be cucurbit, and okra; under Honduras, for amended as follows: cucurbit and okra; under Israel, for in addition to other conditions of entry a. In the introductory text of the for field-grown grapes from the areas basil; under Jamaica, for cucurbit and section, by removing the words ‘‘the papaya; under Mexico, for artichoke, named. procedures described in this section’’ (a) Continental countries of Asia, globe; artichoke, Jerusalem; basil, and adding the words ‘‘the Plant Europe, North Africa, and the Near East. blackberry, celery, cichorium, dill, Protection and Quarantine Treatment The term ‘‘continental countries of Asia, lettuce, oregano, pepper, raspberry, Manual (which is incorporated by Europe, North Africa, and the Near spinach, strawberry, Swiss chard, and reference at § 300.1 of this chapter)’’ in East’’ means Algeria, Armenia, Austria, tomatillo; under Netherlands, for their place. cichorium, cucurbit, and eggplant; Azerbaijan, Belarus, Bulgaria, Cyprus, b. In the introductory text of Egypt, Estonia, France, Georgia, under Nicaragua, for banana and paragraph (b), by removing the words dasheen; under Panama, for cucurbit; Germany, Greece, Hungary, Israel, Italy, ‘‘the following table:’’ and adding the Kazakhstan, Kyrgyzstan, Latvia, Libya, under Peru, for banana and blueberry; words ‘‘the Plant Protection and under Spain, for cucurbit and lemon; Lithuania, Luxembourg, Portugal, Quarantine Treatment Manual.’’ in their Republic of Moldova, Russian and under Trinidad and Tobago, for place and by removing the subsequent cucurbit. Federation, Spain, Switzerland, Syria, table. Tajikistan, Turkmenistan, Ukraine, and c. By removing paragraphs (b)(1) and b. By adding to the table in paragraph Uzbekistan. (b)(2). (a) new entries for ‘‘Brazil’’ and * * * * * ‘‘Venezuela’’. § 319.56–2p [Amended] § 319.56–2l [Amended] c. By adding a new paragraph (b)(6) to 13. In § 319.56–2p, paragraph (b)(7) read as set forth below. 10. In § 319.56–2l, paragraph (b)(2)(ii) would be amended by removing the would be amended by removing the words ‘‘Deputy Administrator of the § 319.56–2t Administrative instructions: words ‘‘Deputy Administrator of the Plant Protection and Quarantine conditions governing the entry of certain Plant Protection and Quarantine Programs’’ and adding the word fruits and vegetables. Programs’’ both times they appear and ‘‘Administrator’’ in their place. * * * * *
Additional restrictions Country/locality Common name Botanical name Plant part(s) (See paragraph (b) of this section.)
Argentina ...... Allium ...... Allium spp...... Whole plant. Apple ...... Malus domestica ...... Fruit ...... (b)(1)(ii) Apricot ...... Prunus americana ...... Fruit ...... (b)(1)(ii)
******* Blueberry ...... Vaccinium spp...... Fruit. Cherry ...... Prunus avirum, P. cerasus ...... Fruit ...... (b)(1)(ii)
******* Kiwi ...... Actinidia deliciosa ...... Fruit ...... (b)(1)(ii)
******* Nectarine ...... Prunus persica var. nucipersica ...... Fruit ...... (b)(1)(ii)
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Additional restrictions Country/locality Common name Botanical name Plant part(s) (See paragraph (b) of this section.)
******* Peach ...... Prunus persica var. persica ...... Fruit ...... (b)(1)(ii) Pear ...... Pyrus communis ...... Fruit ...... (b)(1)(ii) Plum ...... Prunus domestica subsp. domestica ...... Fruit ...... (b)(1)(ii) Pomegranate ...... Punica granatum ...... Fruit ...... (b)(1)(ii) Quince ...... Cydonia oblonga ...... Fruit ...... (b)(1)(ii)
******* Belgium ...... Cichorium ...... Cichorium spp...... Above ground parts ...... (b)(6)(i)
******* Belize.
******* Pepper ...... Capsicum spp...... Fruit ...... (b)(6)(ii)
******* Bolivia.
******* Blueberry ...... Vaccinium spp...... Fruit. Brazil ...... Dasheen ...... Colocasia esculenta ...... Whole plant. Ginger root ...... Zingiber officinale ...... Root. Chile.
******* Apple ...... Malus domestica ...... Fruit ...... (b)(1)(ii) Asparagus ...... Asparagus officinalis ...... Whole plant. Avocado ...... Persea americana ...... Fruit ...... (b)(1)(ii)
******* Blackberry ...... Rubus spp...... Fruit. Blueberry ...... Vaccinium spp...... Fruit. Cherry ...... Prunus avium, P. cerasus ...... Fruit ...... (b)(1)(ii)
******* Pear ...... Pyrus communis ...... Fruit ...... (b)(1)(ii)
******* Raspberry ...... Rubus spp...... Fruit.
******* China.
******* Ginger root ...... Zingiber officinale ...... Root. Colombia ...... Banana ...... Musa spp...... Leaf and Fruit. Blueberry ...... Vaccinium spp...... Fruit.
******* Costa Rica ...... Banana ...... Musa spp...... Leaf and Fruit.
******* Carrot ...... Daucus carota ssp. sativus ...... Whole plant.
******* Cucurbit ...... Cucurbitaceae ...... Above ground parts ...... (b)(2)(iii), (b)(3)
******* Dominican Republic Avocado ...... Persea americana ...... Fruit.
******* Banana ...... Musa spp...... Fruit. Breadfruit ...... Artocarpus altilis ...... Fruit. Cassava ...... Manihot esculenta ...... Root. Celeriac ...... Apium graveolens var. dulce ...... Whole plant. Citrus ...... Citrus spp...... Fruit ...... (b)(6)(iii) Cucurbit ...... Cucurbitaceae ...... Above ground parts ...... (b)(2)(iii), (b)(3) Dasheen ...... Colocasia esculenta ...... Whole plant.
******* Genip ...... Melicoccus bijugatus ...... Fruit.
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Additional restrictions Country/locality Common name Botanical name Plant part(s) (See paragraph (b) of this section.)
Papaya ...... Carica papaya ...... Fruit ...... (b)(2)(iii) Pepper ...... Capsicum spp...... Fruit. Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(iii) Ecuador.
******* Blueberry ...... Vaccinium spp...... Fruit.
******* Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(iii)
******* Guatemala.
******* Banana ...... Musa spp...... Leaf and Fruit.
******* Cichorium ...... Cichorium spp...... Above ground parts ...... (b)(6)(i) Cucurbit ...... Cucurbitaceae ...... Above ground parts ...... (b)(2)(iii), (b)(3)
******* Okra ...... Abelmoschus esculentus ...... Pod.
******* Honduras.
******* Cucurbit ...... Cucurbitaceae ...... Above ground parts ...... (b)(2)(iii), (b)(3)
******* Okra ...... Abelmoschus esculentus ...... Pod.
******* Israel.
******* Basil ...... Ocimum spp...... Above ground parts.
******* Jamaica ...... Cucurbit ...... Cucurbitaceae ...... Above ground parts ...... (b)(2)(iii), (b)(3)
******* Papaya ...... Carica papaya ...... Above ground parts ...... (b)(2)(iii), (b)(3)
******* Mexico.
******* Artichoke, globe ...... Cynara scolymus ...... Immature flower head. Artichoke, Jeru- Helianthus tubersus ...... Whole plant. salem.
******* Basil ...... Ocimum spp...... Above ground parts.
******* Blackberry ...... Rubus spp...... Fruit.
******* Celery ...... Apium graveolens var dulce ...... Whole plant. Cichorium ...... Cichorium spp...... Above ground parts ...... (b)(6)(i)
******* Dill ...... Anethum graveolens ...... Above ground parts.
******* Jicama or yam bean Pachyrhizus tuberosus, P. erosus ...... Root.
******* Lettuce ...... Lactuca sativa ...... Whole plant.
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Additional restrictions Country/locality Common name Botanical name Plant part(s) (See paragraph (b) of this section.)
******* Oregano ...... Origanum spp...... Above ground parts.
******* Pepper ...... Capsicum spp...... Fruit ...... (b)(6)(ii)
******* Raspberry ...... Rubus spp...... Fruit.
******* Spinach ...... Spinacia oleracea ...... Whole plant. Strawberry ...... Fragaria spp...... Fruit. Swiss chard ...... Beta vulgaris var. cicla ...... Whole plant.
******* Tomatillo ...... Physalis ixocarpa ...... Whole plant.
******* Netherlands ...... Cichorium ...... Cichorium spp...... Above ground parts ...... (b)(6)(i) Cucurbit ...... Cucurbitaceae ...... Above ground parts ...... (b)(2)(iii), (b)(3) Eggplant ...... Solanum melongena ...... Fruit.
******* Nicaragua ...... Banana ...... Musa spp...... Leaf and Fruit.
******* Dasheen ...... Colocasia esculenta ...... Tuber.
******* Panama.
******* Cucurbit ...... Cucurbitaceae ...... Above ground parts ...... (b)(2)(iii), (b)(3)
******* Peru.
******* Banana ...... Musa spp...... Leaf and Fruit.
******* Blueberry ...... Vaccinium spp...... Fruit.
******* Spain ...... Cucurbit ...... Cucurbitaceae ...... Above ground parts ...... (b)(3)
******* Lemon ...... Citrus limon ...... Fruit ...... (b)(3), (b)(6)(iv)
******* Trinidad and Tobago Cucurbit ...... Cucurbitaceae ...... Above ground parts ...... (b)(2)(iii), (b)(3)
******* Venezuela ...... Banana ...... Musa spp...... Fruit.
*******
(b) * * * (iv) Smooth skinned variety only. a new sentence after the last sentence to (6) Plant types. * * * * * read as set forth below. (i) Chicory (Cichorium intybus) and 15. Section 319.56–2v would be § 319.56–2v Conditions governing the endive (Cichorium endiva) only. amended as follows: entry of citrus from Australia. (ii) Rocoto pepper or chamburoto a. In the introductory text of * * * * * (Capsicum pubescens) prohibited. paragraph (a), by removing the word (c) * * * Irradiation treatments found (iii) Grapefruit (Citrus paradisi), ‘‘Dacus’’ and adding the word at part 305 of this chapter may be used lemon (Citrus limon), orange (Citrus ‘‘Bactrocera’’ in its place. as an alternative to the cold treatment sinensis), sour lime (Citrus b. In paragraph (c), by removing the described in this paragraph. aurantiifolia), and tangerine (Citrus word ‘‘Dacus’’ and adding the word 16. Section 319.56–2w would be reticulata) only. ‘‘Bactrocera’’ in its place and by adding amended as follows:
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a. By revising paragraph (a)(1) to read following municipalities: Touros, plum, pomegranate, and quince to read as set forth below. Pureza, Rio do Fogo, Barra de as set forth below. b. In paragraph (a)(6), by adding the Maxaranguape, Taipu, Ceara Mirim, b. By removing the entry for Bolivia. word ‘‘Leon,’’ after the word Extremoz, Ielmon Marinho, Sao Goncalo c. Under Chile, by adding, in ‘‘Granada,’’. do Amarante, Natal, Maciaba, alphabetical order, entries for apple, c. In paragraph (c), by removing the Parnamirim, Veracruz, Sao Jose de avocado, cherry, and pear to read as set words ‘‘49 °C (120.2 °F)’’ and adding the Mipibu, Nizia Floresta, Monte Aletre, forth below. words ‘‘48 °C (118.4 °F)’’ in their place. Areas, Senador Georgino Avelino, d. By removing the entry for Ecuador. Espirito Santo, Goianinha, Tibau do Sul, § 319.56–2w Administrative instruction; e. Under Israel, by removing the entry Vila Flor, and Canguaretama e Baia conditions governing the entry of papayas for cactus and adding, in alphabetical Formosa. from Central America and Brazil. order, an entry for tuna to read as set * * * * * * * * * * forth below. 17. In § 319.56–2x, paragraph (a), the (a) * * * f. By removing the entry for Peru. (1) Brazil: State of Espirito Santo; all table would be amended as follows: areas in the State of Bahia that are a. Under Argentina, by removing the § 319.56–2x Administrative instructions; between the Jequitinhonha River and entry for blueberry and by revising the conditions governing the entry of certain the border with the State of Espirito entry for kiwi and adding, in fruits and vegetables for which treatment is Santo and all areas in the State of Rio alphabetical order, entries for apple, required. Grande del Norte that contain the apricot, cherry, nectarine, peach, pear, * * * * *
Country/locality Common name Botanical name Plant part(s)
Argentina ...... Apple ...... Malus domestica ...... Fruit. (Treatment for Mediterranean fruit fly (Medfly) not required if fruit is grown in a Medfly free area (see § 319.56–2(j)). Apricot ...... Prunus armeniaca ...... Fruit. (Treatment for Mediterranean fruit fly (Medfly) not required if fruit is grown in a Medfly free area (see § 319.56–2(j)). Cherry ...... Prunus avium, P. Fruit. (Treatment for Mediterranean fruit fly (Medfly) not required if cerasus. fruit is grown in a Medfly free area (see § 319.56–2(j)). Kiwi ...... Actinidia deliciosa ...... Fruit. (Treatment for Mediterranean fruit fly (Medfly) not required if fruit is grown in a Medfly free area (see § 319.56–2(j)). Nectarine ...... Prunus persica var. Fruit. (Treatment for Mediterranean fruit fly (Medfly) not required if nucipersica. fruit is grown in a Medfly free area (see § 319.56–2(j)). Peach ...... Prunus persica var. Fruit. (Treatment for Mediterranean fruit fly (Medfly) not required if persica. fruit is grown in a Medfly free area (see § 319.56–2(j)). Pear ...... Pyrus communis ...... Fruit. (Treatment for Mediterranean fruit fly (Medfly) not required if fruit is grown in a Medfly free area (see § 319.56–2(j)). Plum ...... Prunus domestica Fruit. (Treatment for Mediterranean fruit fly (Medfly) not required if subsp. domestica. fruit is grown in a Medfly free area (see § 319.56–2(j)). Pomegranate ...... Punica granatum ...... Fruit. (Treatment for Mediterranean fruit fly (Medfly) not required if fruit is grown in a Medfly free area (see § 319.56–2(j)). Quince ...... Cydonia oblonga ...... Fruit. (Treatment for Mediterranean fruit fly (Medfly) not required if fruit is grown in a Medfly free area (see § 319.56–2(j)).
******* Chile ...... Apple ...... Malus domestica ...... Fruit. (Treatment for Mediterranean fruit fly (Medfly) not required if fruit is grown in a Medfly free area (see § 319.56–2(j)). Avocado ...... Persea americana ...... Fruit. (Treatment for Mediterranean fruit fly (Medfly) not required if fruit is grown in a Medfly free area (see § 319.56–2(j)). Cherry ...... Prunus avium, P. Fruit. (Treatment for Mediterranean fruit fly (Medfly) not required if cerasus. fruit is grown in a Medfly free area (see § 319.56–2(j)).
******* Pear ...... Pyrus communis ...... Fruit. (Treatment for Mediterranean fruit fly (Medfly) not required if fruit is grown in a Medfly free area (see § 319.56–2(j)).
******* Israel.
******* Tuna ...... Opuntia spp...... Fruit. (Treatment for Mediterranean fruit fly (Medfly) not required if fruit is grown in a Medfly free area (see § 319.56–2(j)).
*******
* * * * * 19. A new § 319.56–2nn would be § 319.56–2nn Administrative instructions; added to read as follows: conditions governing the importation of § 319.56–2gg [Amended] untreated grapefruit, sweet oranges, and tangerines from Mexico for processing. 18. In § 319.56–2gg, paragraph (d) would be amended by removing the Untreated grapefruit (Citrus paradisi), word ‘‘Deputy’’. sweet oranges (Citrus sinensis), and tangerines (Citrus reticulata) may be
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imported into the United States from (g) Approved destinations. Processing conduit in the fuel tank, which could Mexico for processing if they originate plants within the United States must be present an ignition source inside the from production sites in Mexico that are located within an area in Texas that is fuel tank that could cause a fire or approved by APHIS because they meet under an APHIS-approved preventative explosion. the following conditions and any other release program using sterile insect DATES: We must receive comments on conditions determined by the technique for Mexican fruit fly. this proposed AD by May 16, 2005. Administrator to be necessary to (h) Compliance agreements. ADDRESSES: Use one of the following mitigate the pest risk that such fruits Processing plants within the United addresses to submit comments on this pose: States must enter into a compliance agreement with APHIS in order to proposed AD. (a) Application of sterile insect • DOT Docket Web site: Go to handle grapefruit, sweet oranges, and technique. Production sites, and a http://dms.dot.gov and follow the tangerines imported from Mexico in surrounding 1.5 mile buffer area, must instructions for sending your comments accordance with this section. APHIS be administered under an APHIS- electronically. approved preventative release program will only enter into compliance • Government-wide rulemaking Web using sterile insect technique for the agreements with facilities that handle site: Go to http://www.regulations.gov Mexican fruit fly (Anastrepha ludens). and process grapefruit, sweet oranges, and follow the instructions for sending (b) Fruit fly trapping protocol. (1) and tangerines from Mexico in such a your comments electronically. Trapping densities. In areas where way as to eliminate any risk that exotic • Mail: Docket Management Facility, grapefruit, sweet oranges, and fruit flies could be disseminated into the U.S. Department of Transportation, 400 tangerines are produced for export to United States, as determined by APHIS. Seventh Street SW., Nassif Building, the United States, APHIS approved Done in Washington, DC, this 24th day of room PL–401, Washington, DC 20590. traps and lures must be placed in March 2005. • By fax: (202) 493–2251. production sites and surrounding 1.5 Elizabeth E. Gaston, • Hand Delivery: Room PL–401 on mile buffer areas as follows: Acting Administrator, Animal and Plant the plaza level of the Nassif Building, (i) For Mexican fruit fly (Anastrepha Health Inspection Service. 400 Seventh Street SW., Washington, ludens) and Sapote fruit fly (Anastrepha [FR Doc. 05–6269 Filed 3–30–05; 8:45 am] DC, between 9 a.m. and 5 p.m., Monday serpentina): One trap per 10 hectares. BILLING CODE 3410–34–P through Friday, except Federal holidays. (ii) For Mediterranean fruit fly For service information identified in (Ceratitis capitata): One to four traps per this proposed AD, contact Boeing 250 hectares. DEPARTMENT OF TRANSPORTATION Commercial Airplanes, P.O. Box 3707, (2) Fruit fly catches. Upon trapping of Seattle, Washington 98124–2207. a Mexican fruit fly, Sapote fruit fly, or Federal Aviation Administration You can examine the contents of this Mediterranean fruit fly in a production AD docket on the Internet at http:// site or buffer area, exports from that 14 CFR Part 39 dms.dot.gov, or in person at the Docket production site are prohibited until the Management Facility, U.S. Department Administrator determines that the [Docket No. FAA–2005–20731; Directorate of Transportation, 400 Seventh Street Identifier 2004–NM–260–AD] phytosanitary measures taken have been SW., room PL–401, on the plaza level of effective to allow the resumption of RIN 2120–AA64 the Nassif Building, Washington, DC. export from that production site. This docket number is FAA–2005– (3) Monitoring. The trapping program Airworthiness Directives; Boeing 20731; the directorate identifier for this must be monitored under an APHIS- Model 737–200, –300, and –400 Series docket is 2004–NM–260–AD. approved quality control program. Airplanes FOR FURTHER INFORMATION CONTACT: (c) Safeguarding. Fruit must be AGENCY: Federal Aviation Sherry Vevea, Aerospace Engineer, safeguarded against fruit fly infestation Administration (FAA), Department of Propulsion Branch, ANM–140S, FAA, using methods approved by APHIS from Transportation (DOT). Seattle Aircraft Certification Office, the time of harvest until processing in ACTION: Notice of proposed rulemaking 1601 Lind Avenue, SW., Renton, the United States. (NPRM). Washington 98055–4056; telephone (d) Phytosanitary certificate. Each (425) 917–6514; fax (425) 917–6590. shipment must be accompanied by a SUMMARY: The FAA proposes to adopt a SUPPLEMENTARY INFORMATION: phytosanitary certificate issued by new airworthiness directive (AD) for Mexico’s national plant protection certain Boeing Model 737–200, –300, Comments Invited organization that contains additional and –400 series airplanes. This We invite you to submit any relevant declarations stating that the proposed AD would require replacing written data, views, or arguments requirements of paragraphs (a), (b), and the existing fueling float switch in the regarding this proposed AD. Send your (c) of this section have been met. auxiliary fuel tank with a new, comments to an address listed under (e) Ports. The harvested fruit may improved fueling float switch, installing ADDRESSES. Include ‘‘Docket No. FAA– enter the United States only through a a new liner system inside the float 2005–20731; Directorate Identifier port of entry located in one of the Texas switch conduit, and performing related 2004–NM–260–AD’’ in the subject line counties listed in § 301.64–3(c) of this investigative and other specified of your comments. We specifically chapter. actions. This proposed AD is prompted invite comments on the overall (f) Route of transit. Harvested fruit by reports of chafing of the direct- regulatory, economic, environmental, must travel on the most direct route to current-powered float switch wiring and energy aspects of the proposed AD. the processing plant from its point of insulation in the center fuel tank. We We will consider all comments entry into the United States as specified are proposing this AD to prevent submitted by the closing date and may in the import permit. Such fruit may not contamination of the fueling float amend the proposed AD in light of those enter or transit areas other than the switch of the auxiliary fuel tank by comments. Texas counties listed in § 301.64–3(c) of moisture or fuel, and chafing of the float We will post all comments we this chapter. switch wiring against the float switch receive, without change, to http://
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dms.dot.gov, including any personal float switch conduit, and performing Regulatory Findings information you provide. We will also related investigative and other specified We have determined that this post a report summarizing each actions. The other specified actions proposed AD would not have federalism substantive verbal contact with FAA include making wiring changes implications under Executive Order personnel concerning this proposed AD. associated with installing the new, 13132. This proposed AD would not Using the search function of that improved float switch. The related have a substantial direct effect on the website, anyone can find and read the investigative actions consist of States, on the relationship between the comments in any of our dockets, measuring resistance between the national Government and the States, or including the name of the individual terminal of the bonding jumper and the on the distribution of power and who sent the comment (or signed the float switch lug, the terminal of the responsibilities among the various comment on behalf of an association, bonding jumper and the conduit, and levels of government. business, labor union, etc.). You can the fuel pump assembly and the For the reasons discussed above, I review DOT’s complete Privacy Act conduit; testing the conduit for leakage; certify that the proposed regulation: Statement in the Federal Register and testing to make sure that the float 1. Is not a ‘‘significant regulatory published on April 11, 2000 (65 FR switch operates properly and that there action’’ under Executive Order 12866; 19477–78), or you can visit http:// is no fuel leakage. Accomplishing the 2. Is not a ‘‘significant rule’’ under the dms.dot.gov. actions specified in the service DOT Regulatory Policies and Procedures information is intended to adequately Examining the Docket (44 FR 11034, February 26, 1979); and address the unsafe condition. 3. Will not have a significant You can examine the AD docket on economic impact, positive or negative, the Internet at http://dms.dot.gov, or in FAA’s Determination and Requirements of the Proposed AD on a substantial number of small entities person at the Docket Management under the criteria of the Regulatory Facility office between 9 a.m. and 5 We have evaluated all pertinent Flexibility Act. p.m., Monday through Friday, except information and identified an unsafe We prepared a regulatory evaluation Federal holidays. The Docket condition that is likely to exist or of the estimated costs to comply with Management Facility office (telephone develop on other airplanes of this same this proposed AD. See the ADDRESSES (800) 647–5227) is located on the plaza type design. Therefore, we are section for a location to examine the level of the Nassif Building at the DOT proposing this AD, which would require regulatory evaluation. street address stated in the ADDRESSES accomplishing the actions specified in section. Comments will be available in the service information described List of Subjects in 14 CFR Part 39 the AD docket shortly after the DMS previously. Air transportation, Aircraft, Aviation receives them. Costs of Compliance safety, Safety. Discussion This proposed AD would affect about The Proposed Amendment We previously issued AD 2004–15– 103 airplanes worldwide and 44 Accordingly, under the authority 04, amendment 39–13738 (69 FR 44580, airplanes of U.S. registry. The proposed delegated to me by the Administrator, July 27, 2004), for certain Boeing Model actions would take about 38 work hours the FAA proposes to amend 14 CFR part 737–200, –200C, –300, –400, and –500 per airplane, at an average labor rate of 39 as follows: series airplanes. That AD requires, $65 per work hour. Required parts among other actions, replacing the would cost about $1,634 per airplane. PART 39—AIRWORTHINESS fueling float switches in the center and Based on these figures, the estimated DIRECTIVES wing fuel tanks with new, improved cost of the proposed AD for U.S. parts; installing a conduit liner system operators is $180,576, or $4,104 per 1. The authority citation for part 39 in the center fuel tank; and replacing airplane. continues to read as follows: conduit assemblies in the wing fuel Authority: 49 U.S.C. 106(g), 40113, 44701. Authority for This Rulemaking tanks with new parts. That AD was § 39.13 [Amended] prompted by several reports of chafing Title 49 of the United States Code of the direct-current-powered float specifies the FAA’s authority to issue 2. The FAA amends § 39.13 by adding switch wiring insulation in the center rules on aviation safety. Subtitle I, the following new airworthiness fuel tank. Section 106, describes the authority of directive (AD): We state in AD 2004–15–04 that we the FAA Administrator. Subtitle VII, Boeing: Docket No. FAA–2005–20731; may consider additional rulemaking to Aviation Programs, describes in more Directorate Identifier 2004–NM–260–AD. require actions similar to those required detail the scope of the Agency’s Comments Due Date by AD 2004–15–04 be accomplished on authority. the auxiliary fuel tanks on Model 737 We are issuing this rulemaking under (a) The Federal Aviation Administration series airplanes. We have now the authority described in subtitle VII, (FAA) must receive comments on this AD action by May 16, 2005. determined that additional rulemaking part A, subpart III, section 44701, is necessary, and this proposed AD ‘‘General requirements.’’ Under that Affected ADs follows from that determination. section, Congress charges the FAA with (b) None. promoting safe flight of civil aircraft in Relevant Service Information air commerce by prescribing regulations Applicability We have reviewed Boeing Service for practices, methods, and procedures (c) This AD applies to Boeing Model 737– Bulletin 737–28A1192, Revision 1, the Administrator finds necessary for 200, –300, and –400 series airplanes, dated August 21, 2003. The service safety in air commerce. This regulation certificated in any category, equipped with bulletin describes procedures for is within the scope of that authority auxiliary fuel tanks. replacing the existing fueling float because it addresses an unsafe condition Unsafe Condition switch in the auxiliary fuel tank with a that is likely to exist or develop on (d) This AD was prompted by reports of new, improved fueling float switch, products identified in this rulemaking chafing of the direct-current-powered float installing a new liner system inside the action. switch wiring insulation in the center fuel
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tank. We are issuing this AD to prevent DEPARTMENT OF TRANSPORTATION You can examine the contents of this contamination of the fueling float switch of AD docket on the Internet at http:// the auxiliary fuel tank by moisture or fuel, Federal Aviation Administration dms.dot.gov, or in person at the Docket and chafing of the float switch wiring against Management Facility, U.S. Department the float switch conduit in the fuel tank, 14 CFR Part 39 of Transportation, 400 Seventh Street which could present an ignition source [Docket No. FAA–2005–20733; Directorate SW., room PL–401, on the plaza level of inside the fuel tank that could cause a fire Identifier 2005–NM–004–AD] the Nassif Building, Washington, DC. or explosion. This docket number is FAA–2005– RIN 2120–AA64 Compliance 20733; the directorate identifier for this docket is 2005–NM–004–AD. (e) You are responsible for having the Airworthiness Directives; Empresa FOR FURTHER INFORMATION CONTACT: Dan actions required by this AD performed within Brasileira de Aeronautica S.A. Rodina, Aerospace Engineer, the compliance times specified, unless the (EMBRAER) Model EMB–135 and –145 International Branch, ANM–116, FAA, actions have already been done. Series Airplanes Transport Airplane Directorate, 1601 Replacement AGENCY: Federal Aviation Lind Avenue, SW., Renton, Washington (f) Within 24 months after the effective Administration (FAA), Department of 98055–4056; telephone (425) 227–2125; date of this AD: Replace the existing fueling Transportation (DOT). fax (425) 227–1149. float switch in the auxiliary fuel tank with a ACTION: Notice of proposed rulemaking SUPPLEMENTARY INFORMATION: new, improved fueling float switch, install a (NPRM). Comments Invited new liner system inside the float switch conduit, and perform related investigative SUMMARY: The FAA proposes to adopt a We invite you to submit any relevant and other specified actions, by doing all of new airworthiness directive (AD) for all written data, views, or arguments the actions in accordance with the Empresa Brasileira de Aeronautica S.A. regarding this proposed AD. Send your Accomplishment Instructions of Boeing (EMBRAER) Model EMB–135 and –145 comments to an address listed under Service Bulletin 737–28A1192, Revision 1, series airplanes. This proposed AD ADDRESSES. Include ‘‘Docket No. FAA– dated August 21, 2003. would require inspecting to determine 2005–20733; Directorate Identifier the part number of the left and right 2005–NM–004–AD’’ at the beginning of Parts Installation engine fire handles; and replacing the your comments. We specifically invite (g) As of the effective date of this AD, no engine fire handles with engine fire comments on the overall regulatory, person may install a fueling float switch handles having different part numbers if economic, environmental, and energy having part number 8300–146 on the necessary. This proposed AD is aspects of the proposed AD. We will auxiliary fuel tank of any airplane. prompted by cases of the internal circuit consider all comments submitted by the closing date and may amend the Actions Accomplished Previously of the engine fire handle failing. We are proposing this AD to prevent failure of proposed AD in light of those (h) Replacements and conduit liner system the internal circuit of the engine fire comments. installations accomplished before the handle that could disable the fuel shut- We will post all comments we effective date of this AD in accordance with off valves and the discharge of the fire receive, without change, to http:// Boeing Alert Service Bulletin 737–28A1192, extinguishing agent, which, in the event dms.dot.gov, including any personal dated March 27, 2003, are acceptable for of a fire, could result in the inability to information you provide. We will also compliance with the requirements of this AD. extinguish a fire. post a report summarizing each substantive verbal contact with FAA Alternative Methods of Compliance DATES: We must receive comments on personnel concerning this proposed AD. (AMOCs) this proposed AD by May 2, 2005. Using the search function of our docket (i) The Manager, Seattle Aircraft ADDRESSES: Use one of the following website, anyone can find and read the Certification Office, FAA, has the authority to addresses to submit comments on this comments in any of our dockets, approve AMOCs for this AD, if requested in proposed AD. including the name of the individual accordance with the procedures found in 14 • DOT Docket Web site: Go to who sent the comment (or signed the CFR 39.19. http://dms.dot.gov and follow the comment on behalf of an association, Issued in Renton, Washington, on March instructions for sending your comments business, labor union, etc.). You can 21, 2005. electronically. review the DOT’s complete Privacy Act • Ali Bahrami, Government-wide rulemaking Web Statement in the Federal Register site: Go to http://www.regulations.gov Manager, Transport Airplane Directorate, published on April 11, 2000 (65 FR Aircraft Certification Service. and follow the instructions for sending 19477–78), or you can visit http:// your comments electronically. [FR Doc. 05–6347 Filed 3–30–05; 8:45 am] dms.dot.gov. • Mail: Docket Management Facility, BILLING CODE 4910–13–P U.S. Department of Transportation, 400 Examining the Docket Seventh Street SW., Nassif Building, You can examine the AD docket on room PL–401, Washington, DC 20590. the Internet at http://dms.dot.gov, or in • By fax: (202) 493–2251. person at the Docket Management • Hand Delivery: Room PL–401 on Facility office between 9 a.m. and 5 the plaza level of the Nassif Building, p.m., Monday through Friday, except 400 Seventh Street SW., Washington, Federal holidays. The Docket DC, between 9 a.m. and 5 p.m., Monday Management Facility office (telephone through Friday, except Federal holidays. (800) 647–5227) is located on the plaza For service information identified in level of the Nassif Building at the DOT this proposed AD, contact Empresa street address stated in the ADDRESSES Brasileira de Aeronautica S.A. section. Comments will be available in (EMBRAER), P.O. Box 343—CEP 12.225, the AD docket shortly after the DMS Sao Jose dos Campos—SP, Brazil. receives them.
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Discussion Difference Between Proposed Rule and 2. Is not a ‘‘significant rule’’ under the Brazilian Airworthiness Directive DOT Regulatory Policies and Procedures The Departmento de Aviacao Civil (44 FR 11034, February 26, 1979); and (DAC), which is the airworthiness Brazilian airworthiness directive 2004–10–01, dated October 30, 2004, is 3. Will not have a significant authority for Brazil, notified us that an economic impact, positive or negative, unsafe condition may exist on all applicable to ‘‘all EMB–145 and EMB– 135 aircraft models in operation.’’ on a substantial number of small entities Empresa Brasileira de Aeronautica S.A. under the criteria of the Regulatory (EMBRAER) Model EMB–135 and –145 However, this does not agree with EMBRAER Service Bulletin 145–26– Flexibility Act. series airplanes. The DAC advises that We prepared a regulatory evaluation cases of the internal circuit of the engine 0012 and Service Bulletin 145LEG–29– 0003, both Revision 01, both dated of the estimated costs to comply with fire handle failing have been found. this proposed AD. See the ADDRESSES Failure of the internal circuit of the January 6, 2004, which state that only certain EMB–145 and EMB–135 section for a location to examine the engine fire handle could disable the fuel regulatory evaluation. shut-off valves and the discharge of the airplanes are affected and identify them by serial number. This proposed AD fire extinguishing agent. In the event of List of Subjects in 14 CFR Part 39 would be applicable only to the a fire, this condition, if not corrected, airplanes listed in the service bulletins. Air transportation, Aircraft, Aviation could result in the inability to This difference has been coordinated safety, Safety. extinguish a fire. with the DAC. The Proposed Amendment Relevant Service Information Costs of Compliance Accordingly, under the authority EMBRAER has issued Service Bulletin This proposed AD would affect about delegated to me by the Administrator, 145–26–0012 (for Model EMB–135 and 616 airplanes of U.S. registry. The the FAA proposes to amend 14 CFR part EMB–145 series airplanes, except for proposed actions would take about 2 39 as follows: EMB–135BJ series airplanes) and work hours per airplane, at an average PART 39—AIRWORTHINESS Service Bulletin 145LEG–26–0003 (for labor rate of $65 per work hour. Based DIRECTIVES Model EMB–135BJ series airplanes), on these figures, the estimated cost of both Revision 01, both dated January 6, the proposed AD for U.S. operators is 1. The authority citation for part 39 2005. The service bulletins describe $80,080, or $130 per airplane. continues to read as follows: procedures for inspecting to determine the part number of the left and right Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. engine fire handles; and replacing the Title 49 of the United States Code § 39.13 [Amended] engine fire handles with engine fire specifies the FAA’s authority to issue 2. The FAA amends § 39.13 by adding handles having different part numbers if rules on aviation safety. Subtitle I, the following new airworthiness necessary. Accomplishing the actions Section 106, describes the authority of directive (AD): specified in the service information is the FAA Administrator. Subtitle VII, intended to adequately address the Aviation Programs, describes in more Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA–2005– unsafe condition. The DAC mandated detail the scope of the Agency’s authority. 20733; Directorate Identifier 2005–NM– the service information and issued 004–AD. Brazilian airworthiness directive 2004– We are issuing this rulemaking under 10–01, dated October 30, 2004, to the authority described in Subtitle VII, Comments Due Date ensure the continued airworthiness of Part A, Subpart III, Section 44701, (a) The Federal Aviation Administration these airplanes in Brazil. ‘‘General requirements.’’ Under that must receive comments on this AD action by section, Congress charges the FAA with May 2, 2005. FAA’s Determination and Requirements promoting safe flight of civil aircraft in Affected ADs of the Proposed AD air commerce by prescribing regulations (b) None. These airplane models are for practices, methods, and procedures manufactured in Brazil and are type the Administrator finds necessary for Applicability certificated for operation in the United safety in air commerce. This regulation (c) This AD applies to EMBRAER Model States under the provisions of section is within the scope of that authority EMB–135 and –145 series airplanes, 21.29 of the Federal Aviation because it addresses an unsafe condition certificated in any category; as identified in that is likely to exist or develop on EMBRAER Service Bulletin 145–26–0012, Regulations (14 CFR 21.29) and the Revision 01, dated January 6, 2005; and applicable bilateral airworthiness products identified in this rulemaking action. EMBRAER Service Bulletin 145LEG–26– agreement. Pursuant to this bilateral 0003, Revision 01, dated January 6, 2005. airworthiness agreement, the DAC has Regulatory Findings Unsafe Condition kept the FAA informed of the situation We have determined that this described above. We have examined the (d) This AD was prompted by cases of the proposed AD would not have federalism internal circuit of the engine fire handle DAC’s findings, evaluated all pertinent implications under Executive Order information, and determined that we failing. We are issuing this AD to prevent 13132. This proposed AD would not failure of the internal circuit of the engine need to issue an AD for products of this have a substantial direct effect on the fire handle that could disable the fuel shut- type design that are certificated for States, on the relationship between the off valves and the discharge of the fire operation in the United States. national Government and the States, or extinguishing agent, which, in the event of a Therefore, we are proposing this AD, on the distribution of power and fire, could result in the inability to extinguish which would require accomplishing the responsibilities among the various a fire. actions specified in the service levels of government. Compliance information described previously, For the reasons discussed above, I (e) You are responsible for having the except as discussed under ‘‘Difference certify that the proposed regulation: actions required by this AD performed within Between the Proposed AD and Brazilian 1. Is not a ‘‘significant regulatory the compliance times specified, unless the Airworthiness Directive.’’ action’’ under Executive Order 12866; actions have already been done.
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Inspection DEPARTMENT OF TRANSPORTATION Management Facility, U.S. Department (f) Within 1,000 flight hours or 180 days of Transportation, 400 Seventh Street after the effective date of this AD, whichever Federal Aviation Administration SW., room PL–401, on the plaza level of is first: Inspect to determine the part number the Nassif Building, Washington, DC. (P/N) of the left and right engine fire handles, 14 CFR Part 39 This docket number is FAA–2005– in accordance with the Accomplishment [Docket No. FAA–2005–20732; Directorate 20732; the directorate identifier for this Instructions of EMBRAER Service Bulletin Identifier 2004–NM–278–AD] docket is 2004–NM–278–AD. 145–26–0012 (for Model EMB–135 and EMB– FOR FURTHER INFORMATION CONTACT: 145 series airplanes, except for EMB–135BJ RIN 2120–AA64 Georgios Roussos, Systems and series airplanes), Revision 01, dated January Airworthiness Directives; Boeing 6, 2005; or EMBRAER Service Bulletin Equipment Branch, ANM–130S, FAA, Model 777–200 and –300 Series Seattle Aircraft Certification Office, 145LEG–26–0003 (for Model EMB–135BJ Airplanes series airplanes), Revision 01, dated January 1601 Lind Avenue, SW., Renton, Washington 98055–4056; telephone 6, 2005; as applicable. Instead of inspecting AGENCY: Federal Aviation the left and right engine fire handles, a Administration (FAA), Department of (425) 917–6482; fax (425) 917–6590. review of airplane maintenance records is Transportation (DOT). SUPPLEMENTARY INFORMATION: acceptable if the P/Ns of the left and right ACTION: Notice of proposed rulemaking Comments Invited engine fire handles can be determined (NPRM). conclusively from that review. If left and We invite you to submit any relevant right engine fire handles, P/Ns 1–7054–1 and SUMMARY: The FAA proposes to adopt a 2–7054–1, respectively, are found installed new airworthiness directive (AD) for written data, views, or arguments on the airplane, then no further action is certain Boeing Model 777–200 and –300 regarding this proposed AD. Send your required by this paragraph. If any engine fire series airplanes. This proposed AD comments to an address listed under handle having P/N 1–7054–2 or 2–7054–2 is would require replacing the battery ADDRESSES. Include ‘‘Docket No. FAA– found installed on the airplane, before packs of the emergency power assist 2005–20732; Directorate Identifier further flight, replace the engine fire handle system (EPAS) of the left and right non- 2004–NM–278–AD’’ in the subject line with an engine fire handle having P/N 1– overwing exit doors with new or of your comments. We specifically 7054–1 or 2–7054–1, as applicable, in modified battery packs. This proposed invite comments on the overall accordance with the service bulletin. AD is prompted by intermittent failures regulatory, economic, environmental, and energy aspects of the proposed AD. Parts Installation of the EPAS battery pack found during testing, which are due to switch We will consider all comments (g) As of the effective date of this AD, no contamination, cam alignment submitted by the closing date and may person may install left or right engine fire problems, and inadequate self-test amend the proposed AD in light of those handles, P/Ns 1–7054–2 and 2–7054–2, on capability. We are proposing this AD to comments. any airplane. prevent failure of the EPAS, which We will post all comments we Credit for Previous Service Bulletin could result in the inability to open the receive, without change, to http:// (h) Actions done before the effective date exit door during an emergency dms.dot.gov, including any personal of this AD in accordance with EMBRAER evacuation. information you provide. We will also Service Bulletin 145–26–0012, dated October DATES: We must receive comments on post a report summarizing each 6, 2004; or EMBRAER Service Bulletin this proposed AD by May 16, 2005. substantive verbal contact with FAA personnel concerning this proposed AD. 145LEG–26–0003, dated October 6, 2004; as ADDRESSES: Use one of the following Using the search function of that Web applicable; are acceptable for compliance addresses to submit comments on this site, anyone can find and read the with the requirements of paragraph (f) of this proposed AD. comments in any of our dockets, AD. • DOT Docket Web site: Go to including the name of the individual http://dms.dot.gov and follow the Alternative Methods of Compliance who sent the comment (or signed the (AMOCs) instructions for sending your comments comment on behalf of an association, electronically. (i) The Manager, International Branch, business, labor union, etc.). You can • Government-wide rulemaking Web ANM–116, Transport Airplane Directorate, review DOT’s complete Privacy Act site: Go to http://www.regulations.gov FAA, has the authority to approve AMOCs Statement in the Federal Register and follow the instructions for sending for this AD, if requested in accordance with published on April 11, 2000 (65 FR the procedures found in 14 CFR 39.19. your comments electronically. • Mail: Docket Management Facility, 19477–78), or you can visit http:// Related Information U.S. Department of Transportation, 400 dms.dot.gov. (j) Brazilian airworthiness directive 2004– Seventh Street SW., Nassif Building, Examining the Docket 10–01, dated October 30, 2004, also room PL–401, Washington, DC 20590. addresses the subject of this AD. • By fax: (202) 493–2251. You can examine the AD docket on • the Internet at http://dms.dot.gov, or in Issued in Renton, Washington, on March Hand Delivery: Room PL–401 on person at the Docket Management 21, 2005. the plaza level of the Nassif Building, 400 Seventh Street SW., Washington, Facility office between 9 a.m. and 5 Ali Bahrami, DC, between 9 a.m. and 5 p.m., Monday p.m., Monday through Friday, except Manager, Transport Airplane Directorate, through Friday, except Federal holidays. Federal holidays. The Docket Aircraft Certification Service. For service information identified in Management Facility office (telephone [FR Doc. 05–6348 Filed 3–30–05; 8:45 am] this proposed AD, contact Boeing (800) 647–5227) is located on the plaza BILLING CODE 4910–13–P Commercial Airplanes, P.O. Box 3707, level of the Nassif Building at the DOT Seattle, Washington 98124–2207. street address stated in the ADDRESSES You can examine the contents of this section. Comments will be available in AD docket on the Internet at http:// the AD docket shortly after the DMS dms.dot.gov, or in person at the Docket receives them.
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Discussion For Group 2 airplanes: The optional The Proposed Amendment modification, if accomplished, would We have received a report indicating Accordingly, under the authority take about 16 work hours per airplane that, during testing on Boeing Model delegated to me by the Administrator, (2 work hours per battery pack), at an 777–200 and –300 series airplanes, the FAA proposes to amend 14 CFR part average labor rate of $65 per work hour. several intermittent failures of the 39 as follows: battery packs of the emergency power Required parts would cost about $789 assist system (EPAS) of the left and right per airplane. Based on these figures, the PART 39—AIRWORTHINESS non-overwing exit doors occurred. estimated cost is $1,829 per airplane. DIRECTIVES Investigation revealed that the failures Authority for This Rulemaking are due to switch contamination, cam 1. The authority citation for part 39 alignment problems, and inadequate Title 49 of the United States Code continues to read as follows: self-test capability in the exit door. specifies the FAA’s authority to issue Authority: 49 U.S.C. 106(g), 40113, 44701. These problems could cause loss of the rules on aviation safety. Subtitle I, power that is necessary to operate the Section 106, describes the authority of § 39.13 [Amended] EPAS. These conditions, if not the FAA Administrator. Subtitle VII, 2. The FAA amends § 39.13 by adding corrected, could result in failure of the Aviation Programs, describes in more the following new airworthiness EPAS and consequent inability to open detail the scope of the Agency’s directive (AD): the exit door during an emergency authority. Boeing: Docket No. FAA–2005–20732; evacuation. We are issuing this rulemaking under Directorate Identifier 2004–NM–278–AD. Relevant Service Information the authority described in Subtitle VII, Comments Due Date Part A, Subpart III, Section 44701, We have reviewed Boeing Service ‘‘General requirements.’’ Under that (a) The Federal Aviation Administration Bulletin 777–52–0033, Revision 1, dated (FAA) must receive comments on this AD section, Congress charges the FAA with June 12, 2003. The service bulletin action by May 16, 2005. promoting safe flight of civil aircraft in describes procedures for replacing the air commerce by prescribing regulations Affected ADs battery packs of the EPAS of the left and (b) None. right non-overwing exit doors with new for practices, methods, and procedures battery packs for Group 1 and 2 the Administrator finds necessary for Applicability airplanes. Accomplishing the actions safety in air commerce. This regulation is within the scope of that authority (c) This AD applies to Boeing Model 777– specified in the service information is 200 and –300 series airplanes; certificated in intended to adequately address the because it addresses an unsafe condition any category; as identified in Boeing Service unsafe condition. that is likely to exist or develop on Bulletin 777–52–0033, Revision 1, dated June Boeing has also issued Component products identified in this rulemaking 12, 2003. action. Service Bulletin 285W0955–24–01, Unsafe Condition dated November 21, 2002, which Regulatory Findings (d) This AD was prompted by intermittent describes procedures for modifying the failures of the emergency power assist system battery packs of the EPAS. This is an We have determined that this (EPAS) battery pack found during testing, optional modification for Group 2 proposed AD would not have federalism which are due to switch contamination, cam airplanes and may be done in lieu of the implications under Executive Order alignment problems, and inadequate self-test replacement specified in Boeing Service 13132. This proposed AD would not capability. We are issuing this AD to prevent Bulletin 777–52–0033, Revision 1. have a substantial direct effect on the failure of the EPAS, which could result in the States, on the relationship between the inability to open the exit door during an FAA’s Determination and Requirements national Government and the States, or emergency evacuation. of the Proposed AD on the distribution of power and Compliance We have evaluated all pertinent responsibilities among the various (e) You are responsible for having the information and identified an unsafe levels of government. actions required by this AD performed within condition that is likely to exist or For the reasons discussed above, I the compliance times specified, unless the develop on other airplanes of this same certify that the proposed regulation: actions have already been done. type design. Therefore, we are proposing this AD, which would require 1. Is not a ‘‘significant regulatory Replacement accomplishing the actions specified in action’’ under Executive Order 12866; (f) For Group 1 airplanes, as identified in the service information described 2. Is not a ‘‘significant rule’’ under the Boeing Service Bulletin 777–52–0033, previously. DOT Regulatory Policies and Procedures Revision 1, dated June 12, 2003: Within 24 months after the effective date of this AD, (44 FR 11034, February 26, 1979); and Costs of Compliance replace the battery packs of the EPAS of the 3. Will not have a significant left and right non-overwing exit doors with There are about 348 airplanes of the economic impact, positive or negative, new battery packs by doing all the actions affected design in the worldwide fleet. on a substantial number of small entities specified in Boeing Service Bulletin 777–52– This proposed AD would affect about under the criteria of the Regulatory 0033, Revision 1, dated June 12, 2003. 134 airplanes of U.S. registry. For all affected airplanes: The Flexibility Act. Replacement or Modification proposed replacement would take about We prepared a regulatory evaluation (g) For Group 2 airplanes, as identified in 8 work hours per airplane (1 work hour of the estimated costs to comply with Boeing Service Bulletin 777–52–0033, per battery pack), at an average labor this proposed AD. See the ADDRESSES Revision 1, dated June 12, 2003: Within 24 rate of $65 per work hour. Required section for a location to examine the months after the effective date of this AD, regulatory evaluation. accomplish the actions specified in either parts would cost about $29,058 per paragraph (g)(1) or (g)(2) of this AD. airplane. Based on these figures, the List of Subjects in 14 CFR Part 39 (1) Replace the battery packs as required by estimated cost of the proposed paragraph (f) of this AD. replacement for U.S. operators is Air transportation, Aircraft, Aviation (2) Modify the battery packs by doing all $29,578 per airplane. safety, Safety. the actions specified in Boeing Component
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Service Bulletin 285W0955–24–01, dated DATES: We must receive written distinguishable by geographical November 21, 2002. comments on or before May 31, 2005. features, the boundaries of which have Credit for Actions Accomplished Previously ADDRESSES: You may send comments to been recognized and defined in part 9 any one of the following addresses: of the regulations. These designations (h) Accomplishing the actions required by • paragraph (f) or (g) before the effective date Chief, Regulations and Procedures allow vintners and consumers to of this AD, in accordance with Boeing Division, Alcohol and Tobacco Tax and attribute a given quality, reputation, or Service Bulletin 777–52–0033 dated Trade Bureau, Attn: Notice No. 36, P.O. other characteristic of a wine made from November 21, 2002, is considered acceptable Box 14412, Washington, DC 20044– grapes grown in an area to its for compliance with the corresponding 4412. geographic origin. The establishment of actions in this AD. The manufacturer issued • 202–927–8525 (facsimile). viticultural areas allows vintners to Information Notice (IN) 777–52–0033 IN 01 • [email protected] (e-mail). describe more accurately the origin of dated January 9, 2003, to inform operators of • http://www.ttb.gov/alcohol/rules/ their wines to consumers and helps an error in the part number for a 9-volt index.htm (an online comment form is alkaline battery as specified in Paragraph consumers to identify wines they may posted with this notice on our Web site). purchase. Establishment of a viticultural 2.C.2. of the original issue of the service • bulletin. http://www.regulations.gov (Federal area is neither an approval nor an e-rulemaking portal; follow instructions endorsement by TTB of the wine Parts Installation for submitting comments). produced in that area. (i) As of the effective date of this AD, no You may view copies of this notice, person may install a EPAS battery pack, part the petition, the appropriate maps, and Requirements number (P/N) S283W203–1 or P/N any comments we receive on this Section 4.25(e)(2) of the TTB 285W0955–101, on any airplane. proposal by appointment at the TTB regulations outlines the procedure for Alternative Methods of Compliance Library, 1310 G Street, NW., proposing an American viticultural area (AMOCs) Washington, DC 20220. To make an and provides that any interested party (j) The Manager, Seattle Aircraft appointment, call 202–927–2400. You may petition TTB to establish a grape- Certification Office (ACO), FAA, has the may also access copies of the notice and growing region as a viticultural area. authority to approve AMOCs for this AD, if comments online at http://www.ttb.gov/ Section 9.3(b) of the TTB regulations requested in accordance with the procedures alcohol/rules/index.htm. requires the petition to include— found in 14 CFR 39.19. See the Public Participation section of • Evidence that the proposed Issued in Renton, Washington, on March this notice for specific instructions and viticultural area is locally and/or 21, 2005. requirements for submitting comments nationally known by the name specified Ali Bahrami, and for information on how to request in the petition; Manager, Transport Airplane Directorate, a public hearing. • Historical or current evidence that Aircraft Certification Service. FOR FURTHER INFORMATION CONTACT: Lisa supports setting the boundary of the [FR Doc. 05–6349 Filed 3–30–05; 8:45 am] M. Gesser, Regulations and Procedures proposed viticultural area as the BILLING CODE 4910–13–P Division, Alcohol and Tobacco Tax and petition specifies; Trade Bureau, P.O. Box 128 Morganza, • Evidence relating to the MD 20660; (301) 290–1460. geographical features, such as climate, SUPPLEMENTARY INFORMATION: DEPARTMENT OF THE TREASURY elevation, physical features, and soils, Background on Viticultural Areas that distinguish the proposed Alcohol and Tobacco Tax and Trade viticultural area from surrounding areas; Bureau TTB Authority • A description of the specific Section 105(e) of the Federal Alcohol boundary of the proposed viticultural 27 CFR Part 9 Administration Act (the FAA Act, 27 area, based on features found on United U.S.C. 201 et seq.) requires that alcohol States Geological Survey (USGS) maps; RIN 1513–AA92 beverage labels provide the consumer and • A copy of the appropriate USGS [Notice No. 36] with adequate information regarding a product’s identity and prohibits the use map(s) with the proposed viticultural Proposed Establishment of the of misleading information on those area’s boundary prominently marked. Calistoga Viticultural Area (2003R– labels. The FAA Act also authorizes the Calistoga Petition 496P) Secretary of the Treasury to issue regulations to carry out its provisions. TTB received a petition from James P. AGENCY: Alcohol and Tobacco Tax and The Alcohol and Tobacco Tax and ‘‘Bo’’ Barrett of Chateau Montelena, a Trade Bureau (TTB), Treasury. Trade Bureau (TTB) administers these Calistoga, California, winery and ACTION: Notice of proposed rulemaking. regulations. vineyard, on behalf of interested parties Part 4 of the TTB regulations (27 CFR in the Calistoga viticultural community SUMMARY: The Alcohol and Tobacco Tax part 4) allows the establishment of proposing to establish ‘‘Calistoga’’ as an and Trade Bureau proposes to establish definitive viticultural areas and the use American viticultural area. Located in the ‘‘Calistoga’’ viticultural area in Napa of their names as appellations of origin northwestern Napa County, California, County, California. The proposed area on wine labels and in wine the proposed viticultural area surrounds surrounds the town of Calistoga and is advertisements. Part 9 of the TTB the town of Calistoga and is entirely entirely within the existing Napa Valley regulations (27 CFR part 9) contains the within the existing Napa Valley viticultural area. We designate list of approved viticultural areas. viticultural area (27 CFR 9.23). Below, viticultural areas to allow vintners to we summarize the evidence presented better describe the origin of their wines Definition in the petition. and to allow consumers to better Section 4.25(e)(1)(i) of the TTB Name Evidence identify wines they may purchase. We regulations (27 CFR 4.25(e)(1)(i)) defines invite comments on this proposed a viticultural area for American wine as The petitioner submitted the addition to our regulations. a delimited grape-growing region following as evidence that the proposed
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Calistoga viticultural area is locally and petitioner states, ‘‘includes a more In the mountains, vineyards are planted in nationally know as Calistoga: historical perspective in the long colluvium-sedimentary particles that have • Excerpts from Charles L. Sullivan’s recognition of Calistoga as a viticultural been transformed from the parent bedrock book, ‘‘Napa Wine: A History from area.’’ through weathering processes and have Mission Days to Present,’’ which accumulated either in place or moved only Boundary Evidence a short distance. The upland soils are explains that Sam Brannan founded the dominantly excessively drained, gravelly town of Calistoga in 1857 and The petition states that the loams, very stony loams, and loams, on steep established vineyards there in 1862. established viticultural areas slopes. Most of the breakdown products of Sullivan’s book includes viticultural surrounding the proposed Calistoga area weathering have been transported by streams and winery census data circa 1880, easily define a portion of its proposed into the valley; much of the finer material has which all report Calistoga separately boundaries. The existing St. Helena been transported from the area by the Napa from other Napa County grape-growing viticultural area’s northwestern River, leaving coarser sediments behind regions. Sullivan’s map of Napa boundary defines Calistoga’s throughout much of the proposed viticultural wineries in 1893 shows a significant southeastern boundary, while the area. clustering of wineries near Calistoga existing Diamond Mountain area’s Alluvial fans have formed at the mouths of most of the drainages, particularly along the distinctly separate from the wineries northeastern boundary defines northeast side of the valley at Dutch Henry found in surrounding areas. Calistoga’s southwestern boundary. The • Canyon, Simmons Canyon, Jericho Canyon, Excerpts from ‘‘The University of petitioner uses the Napa-Sonoma county and north of Tubbs Lane at the headwaters California/Sotheby Book of California line, which is the Napa Valley of the Napa River in Kimball Canyon. At all Wine,’’ which note Sam Brannan’s first viticultural area’s boundary in the these locations, cobbly and gravelly loams vineyard planting in Calistoga. northwestern corner of Napa County, to extend well out onto the valley floor, mixed • Excerpts from an 1881 book, also define Calistoga’s western and here and there with finer-grained sediments. ‘‘History of Napa and Lake Counties,’’ northern boundaries. The 880-foot On the southwest side, small fans occur at which shows three Napa County elevation line, beyond which lies the mouths of Diamond Creek, Nash Creek viticultural districts—Calistoga, St. and Ritchie Creek. These locations are rugged, unplantable terrain, defines characterized by cobbly and gravelly loams. Helena, and Napa. Calistoga’s eastern limit and returns the • Coarse sediments characterize the valley Excerpts from Leon Adams’ 1973 proposed boundary to its starting point. floor throughout the extent of the proposed book, ‘‘The Wines of America,’’ which Distinguishing Features viticultural area, the finer-grained materials refer to Calistoga as a specific grape having been transported out of the region by growing area. The petition includes, as evidence of the waters of the Napa River. Soils • Excerpts from Hugh Johnson’s 1983 the area’s unique growing conditions, a throughout the proposed viticultural area are book, ‘‘Hugh Johnson’s Modern report written by Jonathan Swinchatt, loams, gravelly loams, cobbly loams, often Encyclopedia of Wine,’’ which lists Ph.D., of EarthVision, Inc. with boulders, some with admixtures of silt Calistoga among his list of ‘‘unofficially and clay-clay-rich soils are of limited recognized appellations or sub-areas.’’ Geologic and Geographic Features distribution. These sediments are well- The petitioner explains that 10 of the 12 Dr. Swinchatt’s report indicates that drained, with admixtures of clay providing the proposed Calistoga viticultural area water-holding capacity that Further south in defined sub-areas listed in this book are the Napa Valley, gravelly loams and loams now designated as American viticultural is distinguished from surrounding areas are characteristic only of the upper reaches areas. by its geographic and geologic features. of the alluvial fans that line the valley, while • Excerpts from Andre´ Domine´’s Dr. Swinchatt explains: the valley center is often covered by much book, ‘‘Wine,’’ recognizes Calistoga as a The entirety of the proposed viticultural finer, clay-rich, material. distinct region within Napa Valley, area is underlain by volcanic bedrock, part of noting that ‘‘the bay influences the the more widespread Sonoma Volcanics that Climatic Features weather less as the valley rises up occur in the Vaca Mountains, in the northern In addition to the proposed area’s toward Calistoga, which is classified as Mayacama Mountains, bordering the lower slopes of the southern Mayacamas unique geographic and geologic a Region III area.’’ features, Dr. Swinchatt’s report • Excerpts from James Laube’s 1989 Mountains, and in Sonoma County. All the rock materials in the proposed viticultural indicates that its unique climatic book, ‘‘California’s Great Cabernets,’’ area—bedrock and sediments—are part of, or features further distinguish the which explain that for the purposes of derived from, the Sonoma Volcanics. These proposed Calistoga viticultural area the book, ‘‘a ‘commune’ system within rocks comprise lava flows, ash-fall tuffs, from surrounding areas. Dr. Swinchatt Napa Valley is utilized to differentiate welded tuffs, pyroclastic flows, mudflows, explains: where grapes are grown within the and ignimbrites. Their composition is largely valley as well as to analyze regional andesitic with some rhyolitic rocks admixed. Climatic information in our report for the styles of wines.’’ In his list, Laube AVAs [American Viticultural Areas] farther Napa Valley Vintners’ Association is based on data from DAYMET.org, a website that includes Calistoga equally among the to the south’St. Helena, Rutherford, and Oakville, in particular’exhibit significantly provides climatic information throughout the other nine Napa Valley ‘‘communes.’’ greater geologic diversity across their width, United States. DAYMET data is based on a The petition notes that 9 of the 10 being underlain primarily by marine computer algorithm that allows the extension communes listed are now TTB- sedimentary rocks on the west side of the of data from scattered weather stations into approved viticultural areas. valley but by volcanic rocks on the east. In areas of complex topography. The algorithm • Excerpts from James Halliday’s addition, these AVAs contain alluvial fan was tested over 400,000 square kilometers in book, ‘‘Wine Atlas of California,’’ environments on their edges, and fluvial Washington State and found to be accurate which, the petitioner states, ‘‘so (river) environments in their more central within 1.2 degrees centigrade for temperature definitively covers the Calistoga area parts. The proposed Calistoga AVA is prediction and to be able to predict rainfall with an 83 percent accuracy. that the chapter in his book could topographically more diverse but geologically more uniform than these other AVAs that Heat summation in degree days, defined as provide most of the evidential include valley floor environments. The the total number of hours above 50 degrees requirements for this entire petition.’’ • mineralogy and chemistry of the substrate Fahrenheit, is the accepted general measure A brief summary of ‘‘Calistoga’s throughout the proposed viticultural area of temperature and solar insolation in the Wine History’’ by Calistoga Winery reflects the common source of the granular wine industry. While heat summation is only proprietor Jim Summers, which, the materials in the Sonoma Volcanics. a general indicator of regional temperature, it
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provides a more useful view than the limited proposed viticultural district, south of the For a wine to be eligible to use as an temperature data from one or two available ‘‘Sterling Hill’’ between Maple and Dunaweal appellation of origin the name of a weather stations. Temperature—climate in Lanes is somewhat softer due to higher viticultural area specified in part 9 of general—can vary over distances of a few nighttime temperatures. the TTB regulations, at least 85 percent hundred feet or less, so that temperature In its southern and central portions, the measurements at one or two locations mean Napa Valley trends northwest-southeast, with of the grapes used to make the wine little within a regional context. Under these slopes facing mainly northeast and must have been grown within the area conditions, DAYMET heat summation data southwest, modified by the drainages that cut represented by that name, and the wine provides as good a measure of regional the WI slopes that add diversity to the aspect must meet the other conditions listed in conditions as is available. presented by vineyards to the sun. In its 27 CFR 4.25(e)(3). If the wine is not Examination of DAYMET data indicates northern portions, however, the trend of the eligible to use the viticultural area name that most of the proposed viticultural area- valley is closer to west-east, with the major as an appellation of origin and that mountain slopes and valley floor alike-lies slopes facing just east of north (in the name appears in the brand name, then within Region III, defined as the range of Mayacamas Mountains) and just west of the label is not in compliance and the 3000 to 3500 degree days. Only a small area south (in the Vaca Mountains). A slope of the valley floor in the proposed aspect map indicates also that the valley floor bottler must change the brand name and viticultural district—east of the restriction in has very little flat ground, most of it reflects obtain approval of a new label. the valley formed by the ridge just west of the slopes of alluvial fans, gentle on the north Similarly, if the viticultural area name the mouth of Dutch Henry Creek—lies within (such as at Dutch Henry Canyon) and steeper appears in another reference on the low region IV. The difference is well within on the south. Slope aspect and exposure to label in a misleading manner, the bottler the limits of accuracy of the data, indicating the sun in the Calistoga region thus is quite would have to obtain approval of a new that the entire proposed viticultural area has distinct from that in any other AVA within label. Accordingly, if a new label or a a similar temperature profile. Farther south, the Napa Valley region. valley floor vineyards are exposed to previously approved label uses the Rain fall in the Calistoga region is typically name ‘‘Calistoga’’ for a wine that does significantly different temperature conditions higher than elsewhere in the area, with the than those in the hills; in the Calistoga highest rainfall recorded just outside the not meet the 85 percent standard, the region, valley floor and hills appear to be part northern perimeter of the proposed new label will not be approved, and the of a single climatic regime. This regime is viticultural area, on Mount St. Helena. previously approved label will be characterized by hot days and cool nights, Precipitation is highest in the mountains, up subject to revocation, upon the effective conditions ideal for a combination of to 60 plus inches per year, and lowest in the date of the approval of the Calistoga ripening grapes but maintaining good acid valley, but year-to-year variation is large, as viticultural area. balance. it is elsewhere in the Napa Valley region. Different rules apply if a wine has a One of the long-standing climatic DAYMET data for the years 1990 to 1997 brand name containing a viticultural assumptions in the Napa Valley is that indicate that precipitation ranged from just Calistoga has the highest temperatures of any area name that was used as a brand over 20 inches to over 55 inches on the valley name on a label approved before July 7, location within the valley. Temperature data floor, and from about 25 inches to over 65 and anecdotal evidence, however, dispute inches in the surrounding mountains. 1986. See 27 CFR 4.39(i)(2) for details. this assumption, both indicating that the Measures of average rainfall thus have little Public Participation hottest part of the valley is a small region just meaning. west closer of Bale Lane. Hottest average Comments Invited temperatures in August (over the 18 year Boundary Description period from 1980 ton 1997) occur from Stags We invite comments from interested Leap District to south of Dutch Henry See the narrative boundary members of the public on whether we Canyon, along the base of the Vaca description of the petitioned-for should establish the proposed Mountains. viticultural area in the proposed viticultural area. We are also interested The Calistoga AVA is cooled by air regulatory text published at the end of in receiving comments on the currents drawn in from the Russian River this notice. sufficiency and accuracy of the name, through the northwestern comer of the Maps boundary, climactic, and other required mountain heights. These are drawn in to information submitted in support of the replace hot air rising from the valley, The petitioner(s) provided the petition. Please provide any available currents that used to support sailplanes required maps, and we list them in the headquartered at the Gliderport at Calistoga. specific information in support of your In addition, cooling breezes flow down the proposed regulatory text. comments. Because of the potential impact of the slopes of both the Vaca and Mayacamas Impact on Current Wine Labels Mountains in the later afternoon. Daytime establishment of the proposed Calistoga peak temperatures reach about 100 degrees at Part 4 of the TTB regulations prohibits viticultural area on brand labels that mid-day. The heated air rises by convection, any label reference on a wine that include the words ‘‘Calistoga’’ as drawing in cooler air form the Russian River, indicates or implies an origin other than discussed above under Impact on the breezes continuing after sunset, cooling the wine’s true place of origin. If we Current Wine Labels, we are particularly the valley floor to about 65 degrees. Further establish this proposed viticultural area, interested in comments regarding cooling occurs, on fog free nights, driven by cool air moving down slope from the its name, ‘‘Calistoga,’’ will be whether there will be a conflict between mountains, providing additional cooling of recognized as a name of viticultural the proposed area name and currently 12 to 15 degrees. significance. Consequently, wine used brand names. If a commenter Minimum nighttime temperatures often bottlers using ‘‘Calistoga’’ in a brand believes that a conflict will arise, the average about 50 degrees, giving a diurnal name, including a trademark, or in comment should describe the nature of temperature range that sometimes is greater another label reference as to the origin that conflict, including any negative than 50 degrees. Vintners in the proposed of the wine, will have to ensure that the economic impact that approval of the viticultural areas hold that this large diurnal product is eligible to use the viticultural proposed viticultural area will have on variation is one of the main influences on the area’s name as an appellation of origin. an existing viticultural enterprise. We character of wines from the region. The hot daytime temperatures provide color and big The proposed part 9 regulatory text set are also interested in receiving berry fruit, while the cool nights provide forth in this document specifies the suggestions for ways to avoid any good acid balance for structure and develop ‘‘Calistoga’’ name as a term of conflicts, for example by adopting a power in the wines. The character of wines viticultural significance for purposes of modified or different name for the in the southeastern-most corner of the part 4 of the TTB regulations. viticultural area.
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Submitting Comments telephone 202–927–2400 to schedule an (b) Approved maps. The appropriate Please submit your comments by the appointment or to request copies of maps for determining the boundaries of closing date shown above in this notice. comments. the Calistoga viticultural area are the For your convenience, we will post Your comments must include this following four United Stages Geological this notice and any comments we notice number and your name and Survey (USGS) 7.5 minute series, receive on this proposal on the TTB mailing address. Your comments must 1:24000 scale topographic maps. They Web site. We may omit voluminous be legible and written in language are titled: attachments or material that we (1) Mark West Springs, Calif. (1993); acceptable for public disclosure. We do consider unsuitable for posting. In all (2) Calistoga, CA (1997); not acknowledge receipt of comments, cases, the full comment will be available (3) St. Helena, Calif. (1960, revised and we consider all comments as in the TTB Library. To access the online 1993); and originals. You may submit comments in copy of this notice, visit http:// (4) Detert Reservoir, CA (1997). one of five ways: (c) Boundary. The Calistoga • www.ttb.gov/alcohol/rules/index.htm. Mail: You may send written Select the ‘‘View Comments’’ link under viticultural area is located in comments to TTB at the address listed this notice number to view the posted northwestern Napa County, California. in the ADDRESSES section. The boundary’s beginning point is on • comments. Facsimile: You may submit the Mark West Springs map at the point comments by facsimile transmission to Regulatory Flexibility Act where the Napa-Sonoma county line 202–927–8525. Faxed comments must— We certify that this proposed intersects Petrified Forest Road in (1) Be on 8.5- by 11-inch paper; regulation, if adopted, would not have section 3, T8N/R7W. From this point, (2) Contain a legible, written a significant economic impact on a the boundary: signature; and substantial number of small entities. (1) Continues northeasterly along (3) Be no more than five pages long. The proposed regulation imposes no Petrified Forest Road approximately 1.9 This limitation assures electronic access new reporting, recordkeeping, or other miles to the road’s intersection with the to our equipment. We will not accept administrative requirement. Any benefit 400-foot contour line near the north faxed comments that exceed five pages. derived from the use of a viticultural bank of Cyrus Creek approximately • E-mail: You may e-mail comments area name would be the result of a 1,000 feet southwest of the intersection to [email protected]. Comments transmitted proprietor’s efforts and consumer of Petrified Forest Road and State Route by electronic mail must— acceptance of wines from that area. 128 on the Calistoga map; (1) Contain your e-mail address; Therefore, no regulatory flexibility (2) Proceeds generally east-southeast (2) Reference this notice number on analysis is required. (after crossing Cyrus Creek) along the the subject line; and 400-foot contour line to its intersection Executive Order 12866 (3) Be legible when printed on 8.5- by with Ritchey Creek in section 16, T8N/ 11-inch paper. This proposed rule is not a significant R6W; • Online form: We provide a regulatory action as defined by (3) Follows Ritchey Creek northeast comment form with the online copy of Executive Order 12866, 58 FR 51735. approximately 0.3 miles to its this notice on our Web site at http:// Therefore, it requires no regulatory intersection with State Route 29 at the www.ttb.gov/alcohol/rules/index.htm. assessment. 347-foot benchmark; Select the ‘‘Send comments via e-mail’’ Drafting Information (4) Proceeds east-southeast along State link under this notice number. Route 29 approximately 0.3 miles to its • Federal e-Rulemaking Portal: To Lisa M. Gesser of the Regulations and intersection with a light-duty road submit comments to us via the Federal Procedures Division drafted this notice. labeled Bale Lane; e-rulemaking portal, visit http:// List of Subjects in 27 CFR Part 9 (5) Follows Bale Lane northeast www.regulations.gov and follow the approximately 0.7 miles to its instructions for submitting comments. Wine. intersection with the Silverado Trail; You may also write to the Proposed Regulatory Amendment (6) Proceeds northwest along the Silverado Trail approximately 1,500 feet Administrator before the comment For the reasons discussed in the to its intersection with an unmarked closing date to ask for a public hearing. preamble, we propose to amend title 27, driveway on the north side of the The Administrator reserves the right to chapter 1, part 9, Code of Federal Silverado Trail near the 275-foot determine, in light of all circumstances, Regulations, as follows: whether to hold a public hearing. benchmark; (7) Continues northeasterly along the Confidentiality PART 9—AMERICAN VITICULTURAL AREAS driveway for 300 feet to and beyond its All submitted material is part of the intersection with another driveway, and public record and subject to disclosure. 1. The authority citation for part 9 continues north-northeast in a straight Do not enclose any material in your continues to read as follows: line to the 400-foot contour line; comments that you consider Authority: 27 U.S.C. 205. (8) Follows the 400-foot contour line easterly approximately 0.7 miles to its confidential or inappropriate for public 2. Amend subpart C by adding § 9.__ intersection with an unimproved dirt disclosure. to read as follows: road (an extension of a road known Public Disclosure Subpart C—Approved American locally as the North Fork of Crystal You may view copies of this notice, Viticultural Areas Springs Road), which lies in the Carne the petition, the appropriate maps, and Humana Land Grant approximately any comments we receive by § 9.__ Calistoga. 1,400 feet southwest of the northwest appointment at the TTB Library at 1310 (a) Name. The name of the viticultural corner of section 11, T8N/R6W on the G Street, NW., Washington, DC 20220. area described in this section is St. Helena map; You may also obtain copies at 20 cents ‘‘Calistoga’’. For purposes of part 4 of (9) Continues northerly along the per 8.5- x 11-inch page. Contact our this chapter, ‘‘Calistoga’’ is a term of unimproved dirt road approximately librarian at the above address or viticultural significance. 2,700 feet to its intersection with the
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880-foot contour line in section 2, T8N/ ACTION: Notice of proposed rulemaking. The Alcohol and Tobacco Tax and R6W; Trade Bureau (TTB) administers these (10) Follows the meandering 880-foot SUMMARY: The Alcohol and Tobacco Tax regulations. contour line northwesterly, crossing and Trade Bureau proposes to establish Part 4 of the TTB regulations (27 CFR onto the Calistoga map in section 2, the ‘‘Dos Rios’’ viticultural area in part 4) allows the establishment of T8N/R6W, and continues along the 880- Mendocino County, California. This definitive viticultural areas and the use foot contour line through section 3, proposed 15,500-acre viticultural area is of their names as appellations of origin T8N/R6W, sections 34 and 35 T9N/ about 150 miles north of San Francisco, on wine labels and in wine R6W, (with a brief return to the St. California. We designate viticultural advertisements. Part 9 of the TTB Helena map in section 35), to the 880- areas to allow vintners to better describe regulations (27 CFR part 9) contains the contour line’s intersection with Biter the origin of their wines and to allow list of approved viticultural areas. Creek in the northeast quadrant of consumers to better identify wines they Definition section 34, T9N/R6W; may purchase. We invite comments on (11) Continues westerly along the this proposed addition to our Section 4.25(e)(1)(i) of the TTB meandering 880-foot contour line regulations. regulations (27 CFR 4.25(e)(1)(i)) defines around Dutch Henry Canyon in section DATES: We must receive written a viticultural area for American wine as 28, T9N/R6W, and Simmons Canyon in comments on or before May 31, 2005. a delimited grape-growing region section 29, T9N/R6W, to the contour ADDRESSES: You may send comments to distinguishable by geographical line’s first intersection with the R7W/ any of the following addresses: features, the boundaries of which have R6W range line in section 30, T9N/R6W; • Chief, Regulations and Procedures been recognized and defined in part 9 (12) Continues northerly along the Division, Alcohol and Tobacco Tax and of the regulations. These designations meandering 880-foot contour line across Trade Bureau, Attn: Notice No. 37, P.O. allow vintners and consumers to the two forks of Horns Creek and Box 14412, Washington, DC 20044– attribute a given quality, reputation, or through Hoisting Works Canyon in 4412. other characteristic of a wine made from section 19, T9N/R6W, crossing between • 202–927–8525 (facsimile). grapes grown in an area to its the Calistoga and Detert Reservoir maps, • [email protected] (e-mail). geographic origin. The establishment of to the contour line’s intersection with • http://www.ttb.gov/alcohol/rules/ viticultural areas allows vintners to Garnett Creek in section 13, T9N/R7W, index.htm. An online comment form is describe more accurately the origin of on the Detert Reservoir map; posted with this notice on our Web site. their wines to consumers and helps (13) Continues westerly along the • http://www.regulations.gov (Federal consumers to identify wines they may meandering 880-foot contour line, e-rulemaking portal; follow instructions purchase. Establishment of a viticultural crossing between the Calistoga and for submitting comments). area is neither an approval nor an Detert Reservoir maps in sections 13 You may view copies of this notice, endorsement by TTB of the wine and 14, T9N/R7W, and in the region the petition, the appropriate maps, and produced in that area. labeled ‘‘Mallacomes or Moristul y Plan any comments we receive about this De Aguacaliente,’’ to the contour line’s proposal by appointment at the TTB Requirements intersection with the Napa-Sonoma Library, 1310 G Street, NW., Section 4.25(e)(2) of the TTB county line approximately 1.1 miles Washington, DC 20220. To make an regulations outlines the procedure for northeast of State Route 128 in the appointment, call 202–927–2400. You proposing an American viticultural area ‘‘Mallacomes or Moristul y Plan De may also access copies of the notice and and provides that any interested party Aguacaliente’’ region, T9N/R7W, of the comments online at http://www.ttb.gov/ may petition TTB to establish a grape- Mark Springs West map; and alcohol/rules/index.htm. growing region as a viticultural area. (14) Proceeds southerly along the See the Public Participation section of Section 9.3(b) of the TTB regulations Napa-Sonoma county line to the this notice for specific instructions and requires the petition to include— beginning point at the intersection of requirements for submitting comments, • Evidence that the proposed the county line and Petrified Forest and for information on how to request viticultural area is locally and/or Road, section 3, T8N/R7W. a public hearing. nationally known by the name specified FOR FURTHER INFORMATION CONTACT: in the petition; Signed: March 8, 2005. • N. A. Sutton, AVA Program Manager, Historical or current evidence that John J. Manfreda, supports setting the boundary of the Administrator. Regulations and Procedures Division, Alcohol and Tobacco Tax and Trade proposed viticultural area as the [FR Doc. 05–6350 Filed 3–30–05; 8:45 am] Bureau, 925 Lakeville Street, No. 158, petition specifies; • BILLING CODE 4810–31–P Petaluma, CA 94952; telephone 415– Evidence relating to the 271–1254. geographical features, such as climate, SUPPLEMENTARY INFORMATION: elevation, physical features, and soils, DEPARTMENT OF THE TREASURY that distinguish the proposed Background on Viticultural Areas viticultural area from surrounding areas; Alcohol and Tobacco Tax and Trade • A description of the specific Bureau TTB Authority boundary of the proposed viticultural Section 105(e) of the Federal Alcohol area, based on features found on United 27 CFR Part 9 Administration Act (the FAA Act, 27 States Geological Survey (USGS) maps; [Notice No. 37] U.S.C. 201 et seq.) requires that alcohol and beverage labels provide the consumer • A copy of the appropriate USGS RIN 1513–AA95 with adequate information regarding a map(s) with the proposed viticultural Proposed Establishment of the Dos product’s identity and prohibits the use area’s boundary prominently marked. Rios Viticultural Area (2004R–0173P) of misleading information on those labels. The FAA Act also authorizes the Dos Rios Petition AGENCY: Alcohol and Tobacco Tax and Secretary of the Treasury to issue TTB received a petition from Ralph Trade Bureau, Treasury. regulations to carry out its provisions. Jens Carter of Sonoma, California,
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proposing a new viticultural area to be As shown on the USGS maps Geography called ‘‘Dos Rios’’ in northern provided with the petition, the The significant physical features of Mendocino County, California. Located petitioner uses the 2,000-foot contour the proposed Dos Rios viticultural area at the confluence of the Eel River and line to define the outer limits of the include the Eel River and the Middle the Middle Fork of the Eel River, the proposed viticultural area. Section lines Fork of the Eel River and their proposed 15,500-acre Dos Rios shown on the USGS maps of the surrounding canyons, which join within viticultural area is about 40 miles north proposed area connect the 2,000 foot the proposed area. The petition of Ukiah, 25 miles east of the Pacific contour lines across the two rivers as describes the canyon surrounding the Ocean, and about 5 miles north of the the contour lines pass out of the Dos confluence of the two rivers as a ‘‘land established North Coast viticultural Rios area. The petition and letters from trough,’’ a half-mile deep and three area’s northern boundary (see 27 CFR local residents state that the 2,000-foot miles wide. This land trough is shown 9.30). The proposed area encompasses contour line marks the upper limit of on the provided USGS area maps and in portions of the canyons containing the the microclimate created by the multiple dimensions on the Hubbard two rivers. According to the petition, proposed area’s canyon geography. Scientific Ukiah region topographic the area’s canyon-created wind patterns, Above the 2,000-foot contour line, the map. river-reflected sunlight, soils, and climate becomes colder and less As land troughs, the Eel and Middle transitional climate distinguish it from conducive to viticulture, according to Fork river canyons are the only surrounding grape-growing regions. The the petition, which cites the ‘‘Sunset significant gaps in the Coast Range in petitioner states that, currently, six acres Western Garden Book’’ (7th edition, this region of Mendocino County, of commercial vineyards are planted 2001). according to the petition, which cites within the proposed area’s boundaries, As shown on the provided USGS the Hubbard Scientific Ukiah region with the potential for additional maps, the northern boundary of the topographic map. The petition states plantings. proposed Dos Rios viticultural area that these gaps allow the Pacific Ocean’s Name Evidence coincides with the Round Valley Indian marine air to blow inland, or east, Reservation’s southern boundary where through the canyons and into the ‘‘Dos Rios’’ is Spanish for ‘‘two it crosses the Eel River, about 6 miles proposed Dos Rios viticultural area. rivers,’’ according to the Harper Collins north of the village of Dos Rios. As the petition notes, the names of Spanish College Dictionary, Fourth According to the petition, which cites a several prominent geographic features Edition, published in 2002. The United copy of the 1971 Hubbard Scientific 3- reflect the strength of the wind blowing States Geological Survey (USGS) Dos dimensional map of the Ukiah, through the canyons. The USGS maps Rios Quadrangle map shows the village California, region, this portion of the for the proposed area show two of Dos Rios at the confluence of the proposed area includes windy and geographic features named ‘‘Windy Middle Fork of the Eel River and the gentler, less eroded slopes. Point’’ within the proposed viticultural main channel of the Eel River. The area boundaries and another named November 2002 California State The eastern region of the proposed viticultural area includes mildly steep ‘‘Windy Ridge’’ close to the proposed Automobile Association map and the area’s eastern boundary. On the USGS 2003 California Compass Map show Dos slopes close to the Middle Fork of the Eel River, as noted on the Hubbard Laytonville map, Windy Point is near Rios village along State Highway 162 the 1,800-foot elevation in the east of Laytonville, California. Scientific Ukiah map and the USGS Dos Rios maps. This portion of the proposed southwest corner of section 36, T22, The local GTE telephone directory area has warmer temperatures due to R14W. On the USGS Dos Rios map, lists Dos Rios and includes its 95429 zip sunlight reflected from the Middle Fork Windy Point is near the 1,400-foot code. The local Vin DeTevis winery of the Eel River onto the surrounding elevation line between State Highway letterhead lists its location on Covelo steep slopes and canyon walls, 162 and the Middle Fork of the Eel Road in Dos Rios. The petition also according to the petition. The eastern River, T21N, R13W. ‘‘Windy Ridge,’’ included a copy of a 1982 photograph boundary line is about 4 miles east of with elevations between 2,600 feet and from a book entitled ‘‘The Northwestern the village of Dos Rios. Beyond the 3,200 feet, is immediately outside of the Pacific Railroad and Its Successors,’’ by proposed eastern boundary the higher, proposed area’s eastern boundary on the Wesley Fox (Fox Publications, Arvada, colder elevations of the Mendocino USGS Covelo West map, section 18, Colorado), which shows, according to National Forest dominate the landscape. T22N, R13W. its caption, a southbound freight train The canyon walls and hillsides ‘‘rolling along the rocky edges of the Eel The proposed area’s southern surrounding the Eel River and the River, south of Dos Rios.’’ boundary line is about 3 miles south of Middle Fork of the Eel River incline the village of Dos Rios. The petition Boundary Evidence from 30 to 75 percent, according to the describes this portion of the proposed United States Department of Agriculture The proposed Dos Rios viticultural area as having significant winds and (USDA) Soil Survey of Mendocino area encompasses the confluence of the light reflection from the rivers, which County, Eastern Part and Trinity Eel and the Middle Fork of the Eel modifies its climate. Southwest Part, California, January Rivers, portions of the Eel River canyon The western boundary of the 1991, pages 23–126. In addition to the to the north and south of the proposed Dos Rios viticultural area climate-moderating marine winds, confluence, and a portion of the Middle coincides with the steep ‘‘Windy Point’’ sunlight reflects off the rivers onto the Fork’s canyon east of the confluence. geographical feature shown on the steep sides of the canyons, helping to The proposed area also includes USGS Laytonville map. The proposed warm the climate of the canyons below portions of the side canyons of several area’s western boundary is about a mile the 2,000-foot contour line, according to seasonal tributaries. The proposed west of the village of Dos Rios. The the petition. viticultural area covers about 15,500 narrow canyon walls found here acres, and its boundary outlines an constricts the marine air flowing inland Climate irregular shape about 12 miles long east and creates a windy environment, the The marine winds blowing through to west and 4 miles wide north to south. petition explains. the canyons within the proposed Dos
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Rios viticultural area, direct and winds subside and temperatures cool. proposed area’s canyons as a reflected solar radiation, and Also, he notes that during the winter the moderating influence making the Dos temperature are the factors that winds create a downdraft from the Rios region cooler in the summer and distinguish the proposed area from the hilltops to the canyon floor and help to warmer in the winter than regions to the surrounding regions of Mendocino lessen the effects of freezing east with a more continental climate. County, the petition states. The ‘‘Sunset temperatures and frost in the vineyards. The frost-free growing season varies Western Garden Book’’ (7th edition, Greta and Chris Harper, residents of from 125 days to 250 days annually. 2001), which divides much of the Dos Rios, explain in their June 23, 2004 According to the Sunset book, three western United States into growing correspondence that, ‘‘In Dos Rios we cooler Sunset climate zones surround zones, includes the proposed Dos Rios are also greatly influenced by the * * * viticultural area in California’s Zone 14, winds that regularly move through the the proposed area and its transitional Northern California’s Inland Areas with canyons cut by the Eel River and its Zone 14 climate. These three climates Some Ocean Influence, a transitional numerous tributaries.’’ They note the include Zone 1, Coldest Winters in the climate area. The Sunset book depicts winds are strongest in the spring and West, Zone 2, Second Coldest Western this zone as a narrow geographic region summer, especially in the afternoon and Climate, and Zone 7, California’s Digger surrounded by three cooler zones. The early evening hours. The Harpers Pine Belt. Zones 1 and 2 are the close proximity of the four climate explain that the winds help disperse the snowiest and coldest parts of the West. zones to the proposed Dos Rios morning coastal fog that reaches over Zone 7, found at lower mountain viticultural area also helps create a the surrounding mountain ranges, elevations, has hot summers and mild, unique transitional microclimate within giving the Dos Rios region sunny but pronounced, winters. The higher the proposed area, according to the mornings that contrast with the foggier elevations, according to the Sunset petition. mornings found in the surrounding climate zone map, have generally colder Wind: As noted above, the Eel River Covelo and Willits regions. climates and a shorter growing season and Middle Fork of the Eel River Greg Kanne, a resident of Dos Rios than the lower elevations. canyons create a gap in the Coast Range, since 1985, states in his June 3, 2004 which lies between the moderating correspondence that, ‘‘Yes, it does get Rainfall Pacific Ocean climate to the west and quite windy here (Dos Rios).’’ Mr. The proposed Dos Rios viticultural Kanne explains that a river canyon is a the more continental climate found at area averages 30 to 60 inches of rainfall wind tunnel and the Dos Rios area has the higher elevations and in the interior each year, according to the 1991 USDA valleys to the east. According to the two tunnels that collide and push strong Soil Survey of Mendocino and Trinity petition, which cites the Sunset Western breezes up the canyon walls. He also Counties. Most of this rainfall occurs Garden Book and the Hubbard Scientific confirms the presence of the afternoon between October and April each year. Ukiah region topographic map, these breezes. Mel Black, a Dos Rios residence canyons act as wind funnels that bring since 1987, explains in a July 8, 2004 The proposed area gets occasional light moderating Pacific marine air into the letter that his 1,350-foot elevation ranch snow, as the petitioner documents with Dos Rios region, affecting the proposed extends from Poonkinny Creek photographs. The surrounding higher area’s climate. The Sunset book explains westward over a ridge and down the elevations receive more snow, according the gaps in the Coast Range create hillside, crossing the Eel River, into Dos to the Sunset Western Garden Book. funnels for the marine air to blow Rios. Mr. Black states that the brisk Soils further inland than it would without afternoon and evening breezes are a these low-elevation entrances. daily occurrence combining with the Soils of the proposed Dos Rios Geographic slopes also affect airflow, sun exposures and soils to create an viticultural area are well-drained to according to Sunset’s description of ideal grape-growing region. excessively well-drained loams, sandy how the local terrain can affect wind loams, and gravelly loams that are deep Solar Radiation flow and solar heat. Warm air rises and to very deep, according to the 1991 cold air sinks, which, the petition notes, Reflective sunlight off the water in the USDA Soil Survey for Mendocino and creates vertical wind movements on the two rivers provides additional warming Trinity Counties, pages 23–126. These 800-foot to 2,000-foot sloping elevations to the hillside vineyards, according to soils are categorized as poor, with found within the proposed viticultural the petition, which cites the 2002 ‘‘Great coarse texture and limited water area. Grape Varieties’’ publication (page 57). retention. They are weathered from As noted above, the presence of strong Greta and Chris Harper note in their sandstone, siltstone, schist, and winds in the proposed Dos Rios June 2004 letter that, ‘‘In Dos Rios we greywacke, which are rich in mineral viticultural area is reflected in the are also greatly influenced by the river nutrients. In comparison, the petition ‘‘windy’’ names given to several itself as it reflects light * * *.’’ The notes that soils within the proposed Dos geographic features within or near its intensity of the reflected sunlight Rios viticultural area differ from other boundary. Local residents also confirm dissipates above 2,000 feet in elevation, nearby grape-growing regions such as the existence of these winds within the according to the petition, which the Potter Valley viticultural area (27 proposed area. During the summer coincides with the proposed area’s CFR 9.82), which the 1991 USDA Soil months the proposed area has brisk boundary line. afternoon breezes that intensify at Survey described as having Cole series sunset, according to correspondence Temperature soils that are poorly drained, nearly from Steve DeTevis, a local resident and Temperatures annually average 52 to level clay loams. vineyard owner living close to Windy 58 degrees, with warm, dry summers Boundary Description Point along the Middle Fork of the Eel and cool, wet winters, according to the River. Mr. DeTevis explains that the petition, citing the 1991 USDA Soil See the narrative boundary winds blow north to south, from the Survey of Mendocino Trinity Counties. description of the petitioned-for higher hillside to the lower elevations The Sunset Western Garden Book, as viticultural area in the proposed along the river. He added that at sunset cited in the petition, describes the regulatory text published at the end of the breezes intensify, and after dark the marine breezes blowing through the this notice.
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Maps information submitted in support of the www.regulations.gov and follow the The petitioner(s) provided the petition. Please provide any available instructions for submitting comments. required maps, and we list them below specific information in support of your You may also write to the in the proposed regulatory text. comments. Administrator before the comment Because of the potential impact of the closing date to ask for a public hearing. Impact on Current Wine Labels establishment of the proposed Dos Rios The Administrator reserves the right to Part 4 of the TTB regulations prohibits viticultural area on brand labels that determine, in light of all circumstances, any label reference on a wine that include the words ‘‘Dos Rios’’ as whether to hold a public hearing. indicates or implies an origin other than discussed above under Impact on Confidentiality the wine’s true place of origin. If we Current Wine Labels, we are particularly establish this proposed viticultural area, interested in comments regarding All submitted material is part of the its name, ‘‘Dos Rios,’’ will be recognized whether there will be a conflict between public record and subject to disclosure. as a name of viticultural significance. the proposed area name and currently Do not enclose any material in your Consequently, wine bottlers using ‘‘Dos used brand names. If a commenter comments that you consider Rios’’ in a brand name, including a believes that a conflict will arise, the confidential or inappropriate for public trademark, or in another label reference comment should describe the nature of disclosure. as to the origin of the wine, will have that conflict, including any negative Public Disclosure to ensure that the product is eligible to economic impact that approval of the use the viticultural area’s name as an proposed viticultural area will have on You may view copies of this notice, appellation of origin. The proposed part an existing viticultural enterprise. We the petition, the appropriate maps, and 9 regulatory text set forth in this are also interested in receiving any comments we receive by document specifies the ‘‘Dos Rios’’ suggestions for ways to avoid any appointment at the TTB Library at 1310 name as a term of viticultural conflicts, for example by adopting a G Street, NW., Washington, DC 20220. significance for purposes of part 4 of the modified or different name for the You may also obtain copies at 20 cents TTB regulations. viticultural area. per 8.5 x 11-inch page. Contact our For a wine to be eligible to use as an Submitting Comments librarian at the above address or appellation of origin the name of a telephone 202–927–2400 to schedule an viticultural area specified in part 9 of Please submit your comments by the appointment or to request copies of the TTB regulations, at least 85 percent closing date shown above in this notice. comments. of the grapes used to make the wine Your comments must include this For your convenience, we will post must have been grown within the area notice number and your name and this notice and any comments we represented by that name, and the wine mailing address. Your comments must receive on this proposal on the TTB must meet the other conditions listed in be legible and written in language Web site. We may omit voluminous 27 CFR 4.25(e)(3). If the wine is not acceptable for public disclosure. We do attachments or material that we eligible to use the viticultural area name not acknowledge receipt of comments, consider unsuitable for posting. In all as an appellation of origin and that and we consider all comments as cases, the full comment will be available name appears in the brand name, then originals. You may submit comments in in the TTB Library. To access the online the label is not in compliance and the one of five ways: copy of this notice, visit http:// bottler must change the brand name and • Mail: You may send written www.ttb.gov/alcohol/rules/index.htm. obtain approval of a new label. comments to TTB at the address listed Select the ‘‘View Comments’’ link under Similarly, if the viticultural area name in the ADDRESSES section. this notice number to view the posted appears in another reference on the • Facsimile: You may submit comments. label in a misleading manner, the bottler comments by facsimile transmission to would have to obtain approval of a new 202–927–8525. Faxed comments must— Regulatory Flexibility Act label. Accordingly, if a new label or a (1) Be on 8.5- by 11-inch paper; We certify that this proposed previously approved label uses the (2) Contain a legible, written regulation, if adopted, would not have name ‘‘Dos Rios’’ for a wine that does signature; and a significant economic impact on a not meet the 85 percent standard, the (3) Be no more than five pages long. substantial number of small entities. new label will not be approved, and the This limitation assures electronic access The proposed regulation imposes no previously approved label will be to our equipment. We will not accept new reporting, recordkeeping, or other subject to revocation, upon the effective faxed comments that exceed five pages. administrative requirement. Any benefit date of the approval of the Dos Rios • E-mail: You may e-mail comments derived from the use of a viticultural viticultural area. to [email protected]. Comments transmitted area name would be the result of a Different rules apply if a wine has a by electronic mail must— proprietor’s efforts and consumer brand name containing a viticultural (1) Contain your e-mail address; acceptance of wines from that area. area name that was used as a brand (2) Reference this notice number on Therefore, no regulatory flexibility name on a label approved before July 7, the subject line; and analysis is required. 1986. See 27 CFR 4.39(i)(2) for details. (3) Be legible when printed on 8.5- by Executive Order 12866 Public Participation 11-inch paper. • Online form: We provide a This proposed rule is not a significant Comments Invited comment form with the online copy of regulatory action as defined by We invite comments from interested this notice on our Web site at http:// Executive Order 12866, 58 FR 51735. members of the public on whether we www.ttb.gov/alcohol/rules/index.htm. Therefore, it requires no regulatory should establish the proposed Select the ‘‘Send comments via e-mail’’ assessment. viticultural area. We are also interested link under this notice number. Drafting Information in receiving comments on the • Federal e-Rulemaking Portal: To sufficiency and accuracy of the name, submit comments to us via the Federal N. A. Sutton of the Regulations and boundary, climatic, and other required e-rulemaking portal, visit http:// Procedures Division drafted this notice.
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List of Subjects in 27 CFR Part 9 elevation line, T21N, R13W (Dos Rios (15) Proceed generally southeast along Wine. Quadrangle); then the meandering 2,000-foot elevation, (4) Proceed northerly then westerly crossing onto the Covelo West map and Proposed Regulatory Amendment along the meandering 2,000-foot contour continuing southerly along the 2,000- For the reasons discussed in the line, crossing Big Water Canyon, foot contour line from Stoner Creek in preamble, we propose to amend title 27, Doghouse Creek, and Eastman Creek, to section 18, T22N, R13W, return to the chapter 1, part 9, Code of Federal the contour line’s intersection with the Dos Rios map, continue southeasterly Regulations, as follows: southern boundary of section 17, T21N, along the 2,000-foot contour line R13W (Dos Rios Quadrangle); then (crossing Goforth and Poonkinny PART 9—AMERICAN VITICULTURAL (5) Proceed 2.1 miles straight west Creeks), and return to the beginning AREAS along the section line, crossing the Eel point at the contour line’s intersection River, to the section line’s intersection with Poonkinny Road. 1. The authority citation for part 9 with the 2,000-foot contour line along Signed: March 7, 2005. continues to read as follows: the southern boundary of section 18, John J. Manfreda, Authority: 27 U.S.C. 205. T21N, R13W (Dos Rios Quadrangle); then Administrator. 2. Amend subpart C by adding (6) Proceed northerly along the [FR Doc. 05–6351 Filed 3–30–05; 8:45 am] § 9.ll to read as follows: meandering 2,000-foot contour line, BILLING CODE 4810–31–P crossing from and to the Dos Rios map Subpart C—Approved American (passing around the Sims 2208 Viticultural Areas benchmark near the southeast corner of DEPARTMENT OF THE TREASURY section 36, T22N, R14W), and, returning § 9.ll Dos Rios. Alcohol and Tobacco Tax and Trade to the Laytonville map, continuing (a) Name. The name of the viticultural Bureau area described in this section is ‘‘Dos westerly to the contour line’s intersection with the southwest corner Rios’’. For purposes of part 4 of this 27 CFR Part 9 chapter, ‘‘Dos Rios’’ is a term of of section 36, T22N, R14W, at Windy viticultural significance. Point (Laytonville Quadrangle); then [Notice No. 38] (7) Proceed 1.2 miles straight north (b) Approved Maps. The appropriate RIN 1513–AA94 maps for determining the boundaries of along the section line to its intersection the Dos Rios viticultural area are four with the 2,000-foot elevation line, Proposed Establishment of the United States Geological Survey (USGS) section 25, T22N, R14W (Laytonville Ramona Valley Viticultural Area 1:24,000 scale topographic maps. They Quadrangle); then (2003R–375P) (8) Proceed northerly along the are titled: meandering 2,000-foot elevation, AGENCY: Alcohol and Tobacco Tax and (1) Dos Rios, California—Mendocino crossing over to and back from the Iron Trade Bureau (TTB), Treasury. County, 1967 edition, revised 1994; Peak map and returning to the Iron Peak ACTION: Notice of proposed rulemaking. (2) Laytonville, California— map, to the contour line’s intersection Mendocino County, 1967 edition, with the western boundary of section 14 SUMMARY: The Alcohol and Tobacco Tax revised 1994; (immediately south of an unnamed and Trade Bureau proposes to establish (3) Iron Peak, California—Mendocino unimproved road), T22N, R14W (Iron the 89,000-acre Ramona Valley County, 1967 edition, revised 1994; and Peak Quadrangle); then viticultural area in central San Diego (4) Covelo West, California— (9) Proceed straight north along the County, California. The proposed area is Mendocino County, 1967 edition, section line to the southeast corner of entirely within the established South photoinspected 1973. section 3, T22N, R14W (Iron Peak Coast viticultural area. We designate (c) Boundary. The Dos Rios Quadrangle); then viticultural areas to allow vintners to viticultural area is located in northern (10) Proceed straight west along the better describe the origin of their wines Mendocino County, California, at the section line to the southwest corner of and to allow consumers to better confluence of the Eel River and the section 3, T22N, R14W (Iron Peak identify wines they may purchase. We Middle Fork of the Eel River. The area’s Quadrangle); then invite comments on this proposed boundaries are defined as follows— (11) Proceed straight north along the addition to our regulations. (1) Beginning in the northwestern section line to the northwest corner of DATES: We must receive written quarter of the Dos Rios map in section section 3, T22N, R14W (Iron Peak comments on or before May 31, 2005. 32, T22N, R13W, at the intersection of Quadrangle); then ADDRESSES: You may send comments to the 2,000-foot contour line and (12) Proceed straight east along the any of the following addresses: Poonkinny Road, proceed southerly and section line, crossing the Eel River, to • Chief, Regulations and Procedures then easterly along the meandering the northeast corner of section 2, which Division, Alcohol and Tobacco Tax and 2,000-foot contour line to its coincides with the Round Valley Indian Trade Bureau, Attn: Notice No. 38, P.O. intersection with the eastern boundary Reservation’s southern boundary, T22N, Box 14412, Washington, DC 20044– of section 2, T21N, R13W (immediately R14W (Iron Peak Quadrangle); then 4412. south of State Route 162) (Dos Rios (13) Proceed straight south along the • 202–927–8525 (facsimile). Quadrangle); then section line to the southeast corner of • [email protected] (e-mail). (2) Proceed straight south along the section 2, T22N, R14W (Iron Peak • http://www.ttb.gov/alcohol/rules/ section line, crossing the Middle Fork of Quadrangle); then index.htm. An online comment form is the Eel River, to the southeast corner of (14) Proceed 0.3 mile straight east to posted with this notice on our Web site. section 11, T21N, R13W (Dos Rios the section line’s intersection with the • http://www.regulations.gov (Federal Quadrangle); then 2,000-foot elevation line along the e-rulemaking portal; follow instructions (3) Proceed 0.9 mile straight west northern boundary of section 12, T22N, for submitting comments). along the southern boundary of section R14W, west of Eberle Ridge, (Iron Peak You may view copies of this notice, 11 to its intersection with the 2,000-foot Quadrangle); then the petition, the appropriate maps, and
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any comments we receive about this Requirements according to information provided by notice by appointment at the TTB Section 4.25(e)(2) of the TTB the petitioners. For example, the Library, 1310 G Street, NW., regulations outlines the procedure for petitioners supplied several articles and Washington, DC 20220. To make an proposing an American viticultural area book excerpts showing the name’s appointment, call 202–927–2400. You and provides that any interested party historical use. In 1906, historian Ed may also access copies of the notice and may petition TTB to establish a grape- Fletcher wrote ‘‘An Auto Trip Through comments online at http://www.ttb.gov/ growing region as a viticultural area. San Diego’s Back Country.’’ As alcohol/rules/index.htm. Section 9.3(b) of the TTB regulations published in volume 15, number 2, See the Public Participation section of requires the petition to include— spring 1969, of the Journal of San Diego this notice for specific instructions and • Evidence that the proposed History, the article makes several requirements for submitting comments, viticultural area is locally and/or references to Ramona Valley and its and for information on how to request nationally known by the name specified geography, climate, and agricultural a public hearing. in the petition; potential. Mr. Fletcher states, ‘‘The • higher valley lands can easily be FOR FURTHER INFORMATION CONTACT: Historical or current evidence that covered with water from the mountain N. A. Sutton, Alcohol and Tobacco Tax supports setting the boundary of the streams, but a railroad is absolutely and Trade Bureau, Regulations and proposed viticultural area as the necessary, and when it does come, Procedures Division, 925 Lakeville St., petition specifies; • Evidence relating to the Ramona Valley will be heard from.’’ # 158, Petaluma, California 94952; In 1963, Richard F. Pourade wrote telephone 415–271–1254. geographical features, such as climate, soils, elevation, and physical features, ‘‘The Silver Dons 1833–1865,’’ which is SUPPLEMENTARY INFORMATION: that distinguish the proposed in volume three of ‘‘The History of San Background on Viticultural Areas viticultural area from surrounding areas; Diego.’’ He describes the difficulty of • A description of the specific reaching the Ramona Valley by different TTB Authority boundary of the proposed viticultural routes during the area’s settlement. Mr. Pourade writes, ‘‘Both routes had Section 105(e) of the Federal Alcohol area, based on features found on United difficult climbs, the San Pasqual route at Administration Act (the FAA Act, 27 States Geological Survey (USGS) maps; the San Pasqual hill and the Lakeside U.S.C. 201 et seq.) requires that alcohol and • route in the last mile before reaching the beverage labels provide the consumer A copy of the appropriate USGS Ramona Valley.’’ with adequate information regarding a map(s) with the proposed viticultural area’s boundary prominently marked. In 1961, Clarence Woodson wrote product’s identity and prohibits the use ‘‘Tea-Kettle Days,’’ published in the San of misleading information on such Ramona Valley Petition Diego Historical Society Quarterly, labels. The FAA Act also authorizes the TTB received a petition from the volume 7, number 4, October 1961. He Secretary of the Treasury to issue Ramona Vineyard Association of explains, ‘‘My grandfather, Dr. M. C. regulations to carry out its provisions. Ramona, California, proposing to Woodson served as a surgeon in the The Alcohol and Tobacco Tax and establish the Ramona Valley viticultural Confederate Army, and a few years after Trade Bureau (TTB) administers these area in central San Diego County, the Civil War he brought my father and regulations. California. Surrounding the town of the rest of the family out to California Part 4 of the TTB regulations (27 CFR Ramona, the proposed viticultural area from Paducah, Ky. He homesteaded part 4) allows the establishment of is located 28 miles northeast of the city land in the Ramona Valley in 1873 definitive viticultural areas and the use of San Diego, and is entirely within the ***.’’ of their names as appellations of origin established, multi-county South Coast In addition, the proposed Ramona on wine labels and in wine viticultural area (27 CFR 9.104). It is Valley viticultural area surrounds the advertisements. Part 9 of the TTB also south of two other established San Diego County town of Ramona, regulations (27 CFR part 9) contains the viticultural areas located within the which lies in a flat, broad valley largely list of approved viticultural areas. South Coast area, Temecula Valley (27 isolated by the surrounding hills and Definition CFR 9.50) and San Pasqual Valley (27 moutains. Several businesses within the CFR 9.25). The proposed 89,000-acre proposed area use ‘‘Ramona Valley’’ in Section 4.25(e)(1)(i) of the TTB Ramona Valley viticultural area their names, including the Ramona regulations (27 CFR 4.25(e)(1)(i)) defines contains approximately 17 vineyards Valley Inn, which was established in a viticultural area for American wine as currently cultivating an estimated 45 1981 on Main Street in Ramona. a delimited grape-growing region acres of wine grapes. Boundary Evidence distinguishable by geographical The distinguishing factors of the features, the boundaries of which have proposed Ramona Valley viticultural To outline the boundary of the been recognized and defined in part 9 area, according to the petitioners, proposed Ramona Valley viticultural of the regulations. These designations include its elevation, which contrasts area, the petitioners use a series of allow vintners and consumers to with the surrounding areas, and climatic mountain peaks around the valley in attribute a given quality, reputation, or factors related to its elevation and which the town of Ramona lies. This other characteristic of a wine made from inland location. Oriented west- boundary also incorporates several grapes grown in an area to its southwest to east-northeast, the smaller side valleys and canyons, geographic origin. The establishment of proposed area is roughly centered on especially to the east and south of the viticultural areas allows vintners to the town of Ramona and is about 14.5 town, within the proposed area. describe more accurately the origin of miles long and 9.5 miles wide. According to the petitioners, the their wines to consumers and helps Below, we summarize the evidence proposed Ramona Valley viticultural consumers to identify wines they may presented in the petition. area boundary is based on historical and purchase. Establishment of a viticultural current viticulture within the area, and area is neither an approval nor an Name Evidence on the area’s geographical features. endorsement by TTB of the wine Californians have used the ‘‘Ramona The history of Ramona Valley produced in that area. Valley’’ name for at least a century, viticulture, the petitioners explain,
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began with the arrival of Spanish Mountain range to the east, which has Also, the mid-slopes to the east and missionaries in 1769. American peaks of approximately 6,200 feet, west of the Ramona Valley floor have viticulture is documented as early as according to the submitted USGS maps. the reddish coloration of San Marcos 1889, with wine grapes grown at Rancho Gabbro, a mafic rock type. Mafic rock Climate Bernardo for use at the Bernardo formations, the petitioners explain, are Winery. In modern times, Ross Rizzo, The proposed Ramona Valley’s known to generate nutrient-rich soil, the master vintner at Bernardo Winery, elevation, between that of the lower which is ideal for agriculture. recalls that there may have been up to coastal valleys and the higher The proposed Ramona Valley a thousand acres of wine grapes in surrounding mountains, and its inland viticultural area’s soil series include Ramona Valley between the 1940s and location, distinguish the proposed Ramona, Visalia, Los Posas, and the 1950s. Finally, the Schwaesdall Ramona Valley viticultural area climate Fallbrook loams, according to the Winery, which opened in 1993, uses from those of surrounding regions, the petitioners. The Ramona soil series, as grape vines planted in the Ramona petitioners state. The petitioners also documented in the 1973 U.S. Soil Valley in the 1950s, as well as their own note that, with the Anza-Borrego Desert Conservation Service Soil Survey for plantings, begun in 1989. 25 miles to the east and the Pacific San Diego County consists of well- The proposed Ramona Valley Ocean 25 miles to the west, a drained, very deep sandy loams with combination of desert and ocean viticultural area’s elevation, which is sandy clay loam subsoil. This series is influences affect the proposed area’s between that of the lower coastal valleys found between the 200-foot and 1,800- climate during the growing season. to the north, south, and west, and that foot elevations on terraces and alluvial of the surrounding mountains and the Also known locally as ‘‘the Valley of the Sun’’ due to its lack of coastal fans, sloping up to 30 percent, according higher desert-like areas to the west, also to the soil survey. distinguishes the valley from morning fog, the proposed Ramona surrounding areas, according to the Valley viticultural area is warmer than Boundary Description petitioners. Climatic factors related to the coastal areas and valleys to its north, south, and west. The proposed area See the narrative boundary the valley’s elevation and its inland description of the petitioned-for location also distinguish the proposed enjoys up to 320 frost-free days and has a heat summation of 3,470 degree days viticultural area in the proposed viticultural area from nearby grape- annually, according to the petitioner. regulatory text published at the end of growing regions, the petitioners add. (During the growing season, one degree this notice. These factors are discussed in more day accumulates for each degree detail below. Maps Fahrenheit that a day’s average Distinguishing Features temperature is above 50 degrees, which The petitioner provided the required is the minimum temperature required maps, and we list them below in the Geography for grapevine growth. See ‘‘General proposed regulatory text. The proposed Ramona Valley Viticulture,’’ by Albert J. Winkler, Impact on Current Wine Labels viticultural area encompasses a fairly University of California Press, 1974.) flat, broad valley and several of its side However, the proposed area is cooler in Part 4 of the TTB regulations prohibits valleys and canyons in central San the summer, but warmer in the winter, any label reference on a wine that Diego County. A ring of hills and than the higher Cuyamaca Mountains to indicates or implies an origin other than mountains around the valley largely its east. A comparison of daily the wine’s true place of origin. If we isolate it from surrounding regions of temperature variations between Ramona establish this proposed viticultural area, the county. Santa Maria Creek flows and Poway, Escondido, and Julian its name, ‘‘Ramona Valley,’’ will be west through the proposed area before indicates that Ramona also has greater recognized as a name of viticultural passing through a narrow gap in the daily temperature fluctuations than the significance. Consequently, wine hills near the area’s northwestern surrounding areas, according to data bottlers using ‘‘Ramona Valley’’ in a corner. The unincorporated town of provided by the petitioner. brand name, including a trademark, or Ramona, with a population of about The Ramona Valley area receives an in another label reference as to the 40,000, lies within the proposed area at annual average rainfall total of 16.5 origin of the wine, will have to ensure the junction of State Routes 67 and 78. inches, according to the Navigation that the product is eligible to use the The lowest elevation within the area, Technologies data provided with the viticultural area’s name as an 650 feet, is at the San Vicente Reservoir petition. This rainfall total is more than appellation of origin. On the other hand, at the proposed area’s southwestern that of the lower coastal valleys, but less we do not believe that ‘‘Ramona’’ corner. Elevations within the northern, than the 31-inch average received at standing alone would have viticultural southern, and western portions of the Julian in the higher mountains to the significance if the new area were area run between 650 and 1,600 feet, proposed area’s east according to established. We note in this regard that with an average base elevation of about Navigation Technologies data. while searches of the Geographic Names 1,400 feet. The proposed area climbs to Information System maintained by the more than 3,000 feet in the east in the Soils U.S. Geological Survey show no entries foothills of the Cuyamaca Mountains. The proposed Ramona Valley for ‘‘Ramona Valley,’’ there are entries According to the petitioners, the highest viticultural area has a variety of soil for ‘‘Ramona’’ standing alone or in elevation suitable for viticulture within types due to the differing landforms, conjunction with words other than the proposed area is 2,640 feet. slopes, and geology found within it, ‘‘Valley’’ in 18 States, including 8 To the south, west and north of the according to the petitioners. While the different California counties. proposed Ramona Valley viticultural petitioners did provide information on Accordingly, the proposed part 9 area are lower coastal valleys with the proposed area’s soils, they do not regulatory text set forth in this elevations of 500 feet or less, according use soils as a distinguishing factor for document specifies only the full to the petitioner and USGS maps. The the proposed area. The mountains ‘‘Ramona Valley’’ name as a term of proposed Ramona Valley area is lower surrounding the proposed area, the viticultural significance for purposes of in elevation than the Cuyamaca petitioners state, consist of igneous rock. part 4 of the TTB regulations.
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For a wine to be eligible to use as an considered to have viticultural Confidentiality appellation of origin the name of a significance upon establishment of the All submitted material is part of the viticultural area specified in part 9 of proposed new viticultural area, we also public record and subject to disclosure. the TTB regulations, at least 85 percent invite comments from those who believe Do not enclose any material in your of the grapes used to make the wine that ‘‘Ramona’’ standing alone would comments that you consider must have been grown within the area have viticultural significance upon confidential or inappropriate for public represented by that name. If the wine is establishment of the area. Comments in disclosure. not eligible to use the viticultural area this regard should include name as an appellation of origin and documentation or other information Public Disclosure that name appears in the brand name, supporting the conclusion that use of You may view copies of this notice, then the label is not in compliance and ‘‘Ramona’’ on a wine label could cause the petition, the appropriate maps, and the bottler must change the brand name consumers and vintners to attribute to any comments we receive by and obtain approval of a new label. the wine in question the quality, appointment at the TTB Library at 1310 Similarly, if the viticultural area name reputation, or other characteristic of G Street, NW., Washington, DC 20220. appears in another reference on the wine made from grapes grown in the You may also obtain copies at 20 cents label in a misleading manner, the bottler proposed Ramona Valley viticultural per 8.5- x 11-inch page. Contact our would have to obtain approval of a new area. librarian at the above address or by label. Accordingly, if a new label or a Submitting Comments telephone at 202–927–2400 to schedule previously approved label uses the an appointment or to request copies of Please submit your comments by the name ‘‘Ramona Valley’’ for a wine that comments. closing date shown above in this notice. does not meet the 85 percent standard, For your convenience, we will post Your comments must include this the new label will not be approved, and this notice and any comments we notice number and your name and the previously approved label will be receive on this proposal on the TTB mailing address. Your comments must subject to revocation, upon the effective Web site. We may omit voluminous be legible and written in language date of the approval of the Ramona attachments or material that we acceptable for public disclosure. We do Valley viticultural area. consider unsuitable for posting. In all Different rules apply if a wine has a not acknowledge receipt of comments, cases, the full comment will be available brand name containing a viticultural and we consider all comments as in the TTB Library. To access online area name that was used as a brand originals. You may submit comments in copies of this notice and the posted name on a label approved before July 7, one of five ways: comments, visit http://www.ttb.gov/ 1986. See 27 CFR 4.39(i)(2) for details. • Mail: You may send written alcohol/rules/index.htm. Select the comments to TTB at the address listed Public Participation ‘‘View Comments’’ link under this in the ADDRESSES section. notice number to view the posted Comments Invited • Facsimile: You may submit comments. We invite comments from interested comments by facsimile transmission to members of the public on whether we 202–927–8525. Faxed comments must— Regulatory Flexibility Act should establish the proposed (1) Be on 8.5- by 11-inch paper; We certify that this proposed viticultural area. We are also interested (2) Contain a legible, written regulation, if adopted, would not have in receiving comments on the signature; and a significant economic impact on a sufficiency and accuracy of the name, (3) Be no more than five pages long. substantial number of small entities. climatic, boundary and other required This limitation assures electronic access The proposed regulation imposes no information submitted in support of the to our equipment. We will not accept new reporting, recordkeeping, or other petition. Please provide any available faxed comments that exceed five pages. administrative requirement. Any benefit • specific information in support of your E-mail: You may e-mail comments derived from the use of a viticultural comments. to [email protected]. Comments transmitted area name would be the result of a Because of the potential impact of the by electronic mail must— proprietor’s efforts and consumer establishment of the proposed Ramona (1) Contain your e-mail address; acceptance of wines from that area. Valley viticultural area on brand labels (2) Reference this notice number on Therefore, no regulatory flexibility that include the words ‘‘Ramona the subject line; and analysis is required. Valley’’ as discussed above under (3) Be legible when printed on 8.5- by Impact on Current Wine Labels, we are 11-inch paper. Executive Order 12866 particularly interested in comments • Online form: We provide a This proposed rule is not a significant regarding whether there will be a comment form with the online copy of regulatory action as defined by conflict between the proposed area this notice on our Web site at http:// Executive Order 12866, 58 FR 51735. name and currently used brand names. www.ttb.gov/alcohol/rules/index.htm. Therefore, it requires no regulatory If a commenter believes that a conflict Select the ‘‘Send comments via e-mail’’ assessment. will arise, the comment should describe link under this notice number. the nature of that conflict, including any • Federal e-rulemaking portal: To Drafting Information negative economic impact that approval submit comments to us via the Federal N.A. Sutton of the Regulations and of the proposed viticultural area will e-rulemaking portal, visit http:// Procedures Division drafted this notice. have on an existing viticultural www.regulations.gov and follow the List of Subjects in 27 CFR Part 9 enterprise. We are also interested in instructions for submitting comments. receiving suggestions for ways to avoid You may also write to the Wine. any conflicts, for example by adopting Administrator before the comment Proposed Regulatory Amendment a modified or different name for the closing date to ask for a public hearing. viticultural area. The Administrator reserves the right to For the reasons discussed in the Although TTB believes that only the determine, in light of all circumstances, preamble, we propose to amend 27 CFR, full name ‘‘Ramona Valley’’ should be whether to hold a public hearing. chapter 1, part 9, as follows:
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PART 9—AMERICAN VITICULTURAL (7) Proceed straight north-northwest SUPPLEMENTARY INFORMATION: approximately 2.8 miles, crossing onto AREAS Request for Comments the Borrego Valley map, and return to 1. The authority citation for part 9 the beginning point at the peak of We encourage you to participate in continues to read as follows: Woodson Mountain. this rulemaking by submitting Authority: 27 U.S.C. 205. comments and related material. If you Signed: March 7, 2005. do so, please include your name and 2. Amend subpart C by adding John J. Manfreda, address, identify the docket number for § 9.ll to read as follows: Administrator. this rulemaking (CGD05–05–013), [FR Doc. 05–6352 Filed 3–30–05; 8:45 am] indicate the specific section of this Subpart C—Approved American BILLING CODE 4810–31–P document to which each comment Viticultural Areas applies, and give the reason for each § 9.ll Ramona Valley. comment. Please submit all comments (a) Ramona Valley. The name of the DEPARTMENT OF HOMELAND and related material in an unbound 1 viticultural area described in this SECURITY format, no larger than 8 ⁄2 by 11 inches, section is ‘‘Ramona Valley’’. For suitable for copying. If you would like Coast Guard purposes of part 4 of this chapter, to know they reached us, please enclose ‘‘Ramona Valley’’ is a term of a stamped, self-addressed postcard or 33 CFR Part 165 viticultural significance. envelope. We will consider all (b) Approved Maps. The two United [CGD05–05–013] comments and material received during States Geological Survey (USGS) the comment period. We may change RIN 1625–AA00 this proposed rule in view of them. 1:100,000 scale topographic (30 x 60 Minute Quadrangle) maps used to Safety Zones; Fireworks Displays Public Meeting determine the boundaries of the Ramona Within the Fifth Coast Guard District We do not now plan to hold a public Valley viticultural area are titled— meeting. But you may submit a request AGENCY: Coast Guard, DHS. (1) Borrego Valley, California, 1982 for a meeting by writing to the address ACTION: Notice of proposed rulemaking. edition; and listed under ADDRESSES explaining why (2) El Cajon, California, 1979 edition. SUMMARY: The Coast Guard proposes to one would be beneficial. If we (c) Boundary. The Ramona Valley determine that one would aid this viticultural area is located in central San establish 34 permanent safety zones for fireworks displays at various locations rulemaking, we will hold one at a time Diego County, California. The area’s and place announced by a notice in the boundaries are defined as follows— within the geographic boundary of the Fifth Coast Guard District. This action is Federal Register. (1) Beginning in the southwest corner necessary to protect the life and of the Borrego Valley map at the 882- Background and Purpose property of the maritime public from the meter (2,894-foot) peak of Woodson The Coast Guard proposes to establish hazards posed by fireworks displays. Mountain, T13S, R1W, proceed straight 34 permanent safety zones that will be Entry into or movement within these north-northwest approximately 3.25 enforced for fireworks displays proposed zones during the enforcement miles to the 652-meter (2,140-foot) peak occurring throughout the year that are periods is prohibited without approval of Starvation Mountain, T13S, R1W held on an annual basis and normally of the appropriate Captain of the Port. (Borrego Valley map); then held in one of these 34 locations. The (2) Proceed straight east-northeast DATES: Comments and related material 34 locations are: Patuxent River approximately 12.5 miles to the Gaging must reach the Coast Guard on or before Solomons Island, MD; Middle River, Station on the northwest shoreline of May 2, 2005. MD; Northeast River, MD; Potomac Sutherland Lake, T12S, R2E (Borrego ADDRESSES: You may mail comments River, Charles County, MD; Baltimore Valley map); then and related material to Commander Inner Harbor, Patapsco River, MD; (3) Proceed straight southeast (oax), Fifth Coast Guard District, 431 Northwest Harbor (Western Section), approximately 4.4 miles to the 999- Crawford Street, Portsmouth, Virginia Patapsco River, MD; Northwest Harbor meter (3,278-foot) peak of Witch Creek 23704–5004, or hand-deliver them to (East Channel), Patapsco River, MD; Mountain, T13S, R2E, east of Ballena Room 119 at the same address between Washington Channel, Upper Potomac Valley (Borrego Valley map); then 9 a.m. and 2 p.m., Monday through River, Washington, DC; Dukeharts (4) Proceed straight south- Friday, except Federal holidays, or fax Channel, Potomac River, Coltons Point, southeasterly approximately 6.6 miles, them to (757) 398–6203. The Auxiliary MD; Severn River and Spa Creek, crossing onto the El Cajon map, to the and Recreational Boating Safety Branch, Annapolis, MD; Miles River, St. summit of Eagle Peak (3,166 feet), T14S, Fifth Coast Guard District, maintains the Michaels, MD; Chesapeake Bay, R3E, northeast of the El Capitan public docket for this rulemaking. Chesapeake Beach, MD; Choptank River, Reservoir (El Cajon map); then Comments and material received from Cambridge, MD; Chester River, Kent (5) Proceed straight west-southwest the public, as well as documents Island Narrows, MD; Atlantic Ocean, approximately 12.7 miles, passing indicated in this preamble as being Ocean City, MD; Isle of Wight Bay, MD; through Barona Valley, to the peak available in the docket, will become part Assawoman Bay, Fenwick Island, MD; (1002 feet) near the center of the of this docket and will be available for Atlantic Ocean, Rehoboth Beach, DE; unnamed island in the San Vicente inspection or copying at the above Indian River Bay, DE; Little Egg Harbor, Reservoir, T14S, R1E (El Cajon map); address between 9 a.m. and 2 p.m., NJ; Barnegat Bay, NJ; Delaware Bay, then Monday through Friday, except Federal North Cape May, NJ; Delaware River, (6) Proceed straight northwesterly holidays. Philadelphia, PA; Morehead City Harbor approximately 3.9 miles to the 822- FOR FURTHER INFORMATION CONTACT: Channel, Morehead City, NC; Green meter (2,697-foot) peak of Iron Dennis Sens, Project Manager, Auxiliary Creek and Smith Creek, Oriental, NC; Mountain, T14S, R1W (El Cajon map); and Recreational Boating Safety Branch, Pamlico River, Washington, NC; Neuse then at (757) 398–6204. River, New Bern, NC; Cape Fear River,
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Southport, NC; Cape Fear River, Coast Guard patrol vessel on scene 30 076°36′17″ W (Datum NAD 1983), Wilmington, NC; Upper Potomac River, minutes before the display is scheduled located at the entrance to Baltimore Alexandria, VA; Potomac River, Prince to start until 30 minutes after its Inner Harbor, approximately 150 yards William County, VA; Chincoteague completion to enforce the safety zone. southwest of pier 6. Channel, Chincoteague, VA; Atlantic The enforcement period for these Ocean, Virginia Beach, VA; and proposed safety zones is from 5:30 p.m. Northwest Harbor, (Western Section) Elizabeth River, Southern Branch, (e.s.t.) to 1 a.m. (e.s.t.). However, vessels Patapsco River, MD, Safety Zone may enter, remain in, or transit through Norfolk, VA. The Coast Guard received The proposed safety zone includes all these safety zones during this timeframe over 50 applications in these areas waters of the Patapsco River within a if authorized by the Captain of the Port between January 2004 and January 2005. 250 yard radius of the fireworks barge or designated Coast Guard patrol Previously a temporary safety zone was in approximate position 39°16′37″ N, personnel on scene, as provided for in typically established on an emergency 076°35′54″ W (Datum NAD 1983), basis for each display. This limited the 33 CFR 165.23. This rule is being proposed to provide located near the western end of opportunity for public comment. Northwest Harbor. Establishing 34 permanent safety zones for the safety of life on navigable waters through notice and comment during the event and to give the marine Northwest Harbor (East Channel), rulemaking provides the public the community the opportunity to comment Patapsco River, MD, Safety Zone opportunity to comment on the zone on the proposed zone locations, size, locations, size and length of time the and length of time the zone will be The proposed safety zone includes all zones will be enforced. active. waters of the Patapsco River within a 300 yard radius of the fireworks barge Each year organizations in the Fifth Discussion of Proposed Rule in approximate position 39°15′55″ N, Coast Guard District sponsor fireworks Patuxent River, Solomons Island, MD, 076°34′35″ W (Datum NAD 1983), displays in the same general location Safety Zone and time period. Each event uses a barge located adjacent to the East Channel of or an on-shore site as the fireworks The proposed safety zone includes all Northwest Harbor. launch platform. A safety zone is used waters of Patuxent River in an area Washington Channel, Upper Potomac to control vessel movement within a bound by the following points: River, Washington, DC, Safety Zone specified distance surrounding the 38°19″42′ N, 076°28″02′ W; thence to launch platforms to ensure the safety of 38°19″26′ N, 076°28″18′ W; thence to The proposed safety zone includes all persons and property. Coast Guard 38°18″48′ N, 076°27″42′ W; thence to waters of the Upper Potomac River personnel on scene could allow persons 38°19″06′ N, 076°27″25′ W; (Datum within a 150 yard radius of the within the safety zone if conditions NAD 1983), thence to the point of fireworks barge in approximate position permit. The Coast Guard would publish origin. 38°52′09″ N, 077°01′13″ W (Datum NAD notices in the Federal Register if an Middle River, Baltimore County, MD, 1983). event sponsor reported a change to the Safety Zone Dukeharts Channel, Potomac River, MD, listed event venue or date. Coast Guard Safety Zone Captains of the Port would give notice The proposed safety zone includes all waters of the Middle River within a 300 of the enforcement of each safety zone The proposed safety zone includes all by all appropriate means to provide the yard radius of the fireworks barge in approximate position 39°17′45″ N, waters of the Potomac River within a widest publicity among the affected ° ′ ″ 150 yard radius of the fireworks barge segments of the public. This would 076 23 49 W (Datum NAD 1983), about ° ′ ″ 300 yards east of Rockaway Beach, near in approximate position 38 13 48 N, include publication in the Local Notice ° ′ ″ Turkey Point. 076 44 37 W (Datum NAD 1983), to Mariners and Marine Information located adjacent to Dukeharts Channel Broadcasts. Marine information and Northeast River, North East, MD, Safety near Coltons Point, Maryland. facsimile broadcasts may also be made Zone Severn River and Spa Creek, Annapolis, for these events, beginning 24 to 48 The proposed safety zone includes all MD, Safety Zone hours before the event is scheduled to waters of the Northeast River within a begin, to notify the public. Fireworks 300 yard radius of the fireworks barge barges or launch sites on land used in The proposed safety zone includes all in approximate position 39°35′26″ N, waters of the Severn River and Spa the locations stated in this rulemaking 075°57′00″ W (Datum NAD 1983), would also have a sign on the port and Creek within an area bounded by a line approximately 400 yards south of North drawn from 38°58′39.6″ N, 076°28′49″ starboard side of the barge or mounted East Community Park. ° ′ ″ ° ′ ″ on a post 3 foot above ground level W; thence to 38 58 41 N, 076 28 14 W; Potomac River, Charles County, MD, thence to 38°59′01″ N, 076°28′37″ W; when on land and facing the water ° ′ ″ ° ′ ″ labeled ‘‘FIREWORKS—DANGER— Safety Zone thence to 38 58 57 N, 076 28 40 W (Datum NAD 1983), located near the STAY AWAY’’. This would provide on The proposed safety zone includes all entrance to Spa Creek in Annapolis, scene notice that the safety zone will be waters of the Potomac River within a Maryland. enforced on that day. This notice will 250 yard radius of the fireworks barge consist of a diamond shaped sign 4 foot in approximate position 38°20′30″ N, Miles River, St. Michaels, MD, Safety by 4 foot with a 3-inch orange 077°14′30″ W (Datum NAD 1983), Zone retroreflective border. The word located near Fairview Beach, Virginia. ‘‘DANGER’’ shall be 10 inch black block The proposed safety zone includes all letters centered on the sign with the Baltimore Inner Harbor, Patapsco River, waters of the Miles River within a 200 words ‘‘FIREWORKS’’ and ‘‘STAY MD, Safety Zone yard radius of the fireworks barge in AWAY’’ in 6 inch black block letters The proposed safety zone includes all approximate position 38°47′42″ N, placed above and below the word waters of the Patapsco River within a 076°12′23″ W (Datum NAD 1983), ‘‘DANGER’’ respectively on a white 150 yard radius of the fireworks barge located near the waterfront of St. background. There would also be a in approximate position 39°16′55″ N, Michaels, Maryland.
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Chesapeake Bay, Chesapeake Beach, Atlantic Ocean, Rehoboth Beach, DE, Sugar Loaf Island and the hazardous MD, Safety Zone Safety Zone fallout area extends over Morehead City Harbor Channel. The proposed safety zone includes all The proposed safety zone includes all waters of the Atlantic Ocean within a waters of the Chesapeake Bay within a Cape Fear River, Wilmington, NC, Safety 360 yard radius of the fireworks barge 150 yard radius of the fireworks barge Zone in approximate position 38°43′01.2″ N, in approximate position 38°41′33″ N, 075°04′21″ W (Datum NAD 1983), about The proposed safety zone includes all 076°31′48″ W (Datum NAD 1983), 400 yards east of Rehoboth Beach, DE. waters of the Cape Fear River within an located near Chesapeake Beach, area bound by a line drawn from the Maryland. Indian River Bay, DE, Safety Zone following points: 34°14′12″ N, Choptank River, Cambridge, MD, Safety The proposed safety zone includes all 077°57′07.2″ W; thence to 34°14′12″ N, Zone waters of the Indian River Bay within a 077°57′06″ W; thence to 34°13′54″ N, 360 yard radius of the fireworks launch 077°57′00″ W; thence to 34°13′54″ N, The proposed safety zone includes all location on the pier in approximate 077°57′06″ W; thence to the point of ° ′ ″ ° ′ ″ waters of the Choptank River within a position 38 36 42 N, 075 08 18 W origin, (Datum NAD 1983), located 500 300 yard radius of the fireworks launch (Datum NAD 1983), about 700 yards east yards north of Cape Fear Memorial site at Great Marsh Point, located at of Pots Net Point, DE. Bridge. ° ′ ″ ° ′ ″ 38 35 06 N, 076 04 46 W (Datum NAD Little Egg Harbor, Parker Island, NJ, 1983). Cape Fear River, Southport, NC, Safety Safety Zone Zone Chester River, Kent Island Narrows, MD, The proposed safety zone includes all Safety Zone waters of Little Egg Harbor within a 500 The proposed safety zone includes all yard radius of the fireworks barge in waters of the Cape Fear River within a The proposed safety zone includes all approximate position 39°34′18″ N, 600 yard radius of the fireworks barge waters of the Chester River within a 250 074°14′43″ W (Datum NAD 1983), about in approximate position 33°54′40″ N, yard radius of the fireworks barge in 100 yards north of Parkers Island. 078°01′18″ W (Datum NAD 1983), about approximate position 38°58′51.6″ N, 600 yards south of the waterfront at 076°14′49.8″ W (Datum NAD 1983), Barnegat Bay, Ocean Township, NJ, Southport, NC. about 500 yards west of the northern Safety Zone approach to Kent Island Narrows The proposed safety zone includes all Green Creek and Smith Creek, Oriental, channel. waters of Barnegat Bay within a 500 NC, Safety Zone yard radius of the fireworks barge in The proposed safety zone includes all Atlantic Ocean, Ocean City, MD, Safety approximate position 39°47′33″ N, Zone ° ′ ″ waters of Green Creek and Smith Creek 074 10 46 W (Datum NAD 1983). that fall within a 300 yard radius of the The proposed safety zone includes all Delaware Bay, North Cape May, NJ, fireworks launch site at 35°01′29.6″ N, waters of the Atlantic Ocean in an area Safety Zone 076°42′10.4″ W (Datum NAD 1983), bound by the following points: located near the entrance to the Neuse ° ′ ″ ° ′ ″ The proposed safety zone includes all 38 19 39.9 N, 075 05 03.2 W; thence to waters of the Delaware Bay within a 500 River in the vicinity of Oriental, NC. 38°19′36.7″ N, 075°04′53.5″ W; thence to yard radius of the fireworks barge in Pamlico River, Washington, NC, Safety 38°19′45.6″ N, 075°04′49.3″ W; thence to ° ′ ″ ° ′ ″ ° ′ ″ approximate position 38 58 00 N, Zone 38 19 49.1 N, 075 05 00.5 W (Datum 074°58′30″ W (Datum NAD 1983). NAD 1983), thence to point of origin. The proposed safety zone includes all The size of the proposed zone extends Delaware River, Philadelphia, PA, waters of the Pamlico River that fall approximately 300 yards offshore from Safety Zone within a 300 yard radius of the the fireworks launch area located at the The proposed safety zone includes all fireworks launch site at 35°32′19″ N, High Water mark on the beach. waters of Delaware River, adjacent to 077°03′20.5″ W (Datum NAD 1983), Penns Landing, Philadelphia, PA, Isle of Wight Bay, Ocean City, MD, located 500 yards north of Washington bounded from shoreline to shoreline, Safety Zone railroad trestle bridge. bounded on the south by a line running Neuse River, New Bern, NC, Safety Zone The proposed safety zone includes all east to west from points along the shoreline at 39°56′31.2″ N, 075°08′28.1″ waters of Isle of Wight Bay within a 350 The proposed safety zone includes all W; thence to 39°56′29.1″ N, 075°07′56.5″ yard radius of the fireworks barge in waters of the Neuse River within a 360 W, and bounded on the north by the approximate position 38°22′32″ N, yard radius of the fireworks barge in Benjamin Franklin Bridge (Datum NAD 075°04′30″ W (Datum NAD 1983). The approximate position 35°06′07.1″ N, 1983). The size of the zone to be proposed safety zone extends 077°01′35.8″ W (Datum NAD 1983), enforced during any fireworks display approximately 700 yards west of 49th located 420 yards north of the New would be within 500 yards of the Street, Ocean City, MD. Bern, Twin Span, high rise bridge. fireworks barge. Assawoman Bay, Fenwick Island— Morehead City Harbor Channel, NC, Upper Potomac River, Alexandria, VA, Ocean City, MD, Safety Zone Safety Zone Safety Zone The proposed safety zone includes all The proposed safety zone includes all The proposed safety zone includes all waters of Assawoman Bay within a 360 waters of Morehead City Harbor waters of the Upper Potomac River yard radius of the fireworks launch Channel that fall within a 360 yard within a 300 yard radius of the location on the pier at the West end of radius of latitude 34°43′01″ N, fireworks barge in approximate position Northside Park, in approximate position 076°42′59.6″ W, a position located at the 38°48′37″ N, 077°02′02″ W (Datum NAD 38°25′57.6″ N, 075°03′55.8″ W (Datum west end of Sugar Loaf Island. The 1983), located near the waterfront of NAD 1983). fireworks display is launched from Alexandria, Virginia.
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Potomac River, Prince William County, This finding is based on the short 121), we want to assist small entities in VA, Safety Zone amount of time that vessels would be understanding this proposed rule so that restricted from the zones, and the small The proposed safety zone includes all they can better evaluate its effects on zone sizes positioned in low vessel waters of the Potomac River within a them and participate in the rulemaking. traffic areas. Vessels would not be 200 yard radius of the fireworks barge If the rule would affect your small precluded from getting underway, or in approximate position 38°34′08″ N, business, organization, or governmental mooring at any piers or marinas 077°15′34″ W (Datum NAD 1983), jurisdiction and you have questions currently located in the vicinity of the located near Cherry Hill, Virginia. concerning its provisions or options for proposed safety zones. Advance compliance, please contact 1–888–REG– Chincoteague Channel, Chincoteague, notifications would also be made to the FAIR (1–888–734–3247). The Coast VA, Safety Zone local maritime community by issuing Guard will not retaliate against small Local Notice to Mariners. Marine The proposed safety zone includes all entities that question or complain about information and facsimile broadcasts waters of the Chincoteague Channel this rule or any policy or action of the may also be made to notify the public. within a 360 yard radius of the Coast Guard. Additionally, the Coast Guard fireworks launch location at the anticipates that these safety zones will Collection of Information Chincoteague carnival waterfront in only be enforced 2 to 3 times per year. This proposed rule would call for no approximate position 37°55′40.3″ N, new collection of information under the 075°23′10.7″ W (Datum NAD 1983), Small Entities Paperwork Reduction Act of 1995 (44 about 900 yards southwest of Under the Regulatory Flexibility Act U.S.C. 3501–3520). Chincoteague Swing Bridge. (5 U.S.C. 601–612), we have considered Federalism Atlantic Ocean, Virginia Beach, VA, whether this proposed rule would have Safety Zone a significant economic impact on a A rule has implications for federalism substantial number of small entities. under Executive Order 13132, The proposed safety zone includes all The term ‘‘small entities’’ comprises Federalism, if it has a substantial direct waters of the Atlantic Ocean enclosed small businesses, not-for-profit effect on State or local governments and within a 360 yard radius of the center organizations that are independently would either preempt State law or located on the beach at approximate ° ′ ″ ° ′ ″ owned and operated and are not impose a substantial direct cost of position 36 51 34.8 N, 075 58 30 W dominant in their fields, and compliance on them. We have analyzed (Datum NAD 1983). governmental jurisdictions with this proposed rule under that Order and Elizabeth River, Southern Branch, populations of less than 50,000. have determined that it does not have Norfolk, VA, Safety Zone The Coast Guard certifies under 5 implications for federalism. U.S.C. 605(b) that this proposed rule The proposed safety zone includes all would not have a significant economic Unfunded Mandates Reform Act waters of Elizabeth River Southern impact on a substantial number of small The Unfunded Mandates Reform Act Branch in an area bound by the entities. This rule will effect the ° ′ ″ of 1995 (2 U.S.C. 1531–1538) requires following points: 36 50 54.8 N, following entities some of which may be ° ′ ″ ° ′ ″ Federal agencies to assess the effects of 076 18 10.7 W; thence to 36 51 7.9 N, small entities: The owners and operators ° ′ ″ ° ′ ″ their discretionary regulatory actions. In 076 18 01 W; thence to 36 50 45.6 N, of vessels intending to transit or anchor ° ′ ″ ° ′ ″ particular, the Act addresses actions 076 17 44.2 W; thence to 36 50 29.6 N, in the proposed safety zones during the ° ′ ″ ° ′ ″ that may result in the expenditure by a 076 17 23.2 W; thence to 36 50 7.7 N, times these zones are enforced. ° ′ ″ ° ′ ″ State, local, or tribal government, in the 076 17 32.3 W; thence to 36 49 58 N, These proposed safety zones will not ° ′ ″ ° ′ ″ aggregate, or by the private sector of 076 17 28.6 W; thence to 36 49 52.6 N, have a significant economic impact on ° ′ ″ ° ′ ″ $100,000,000 or more in any one year. 076 17 43.8 W; thence to 36 50 27.2 N, a substantial number of small entities ° ′ ″ Though this proposed rule would not 076 17 45.3 W thence to the point of for the following reasons: The result in such an expenditure, we do origin,(Datum NAD 1983). The size of enforcement period will be short in discuss the effects of this rule elsewhere the zone to be enforced during any duration and in many of the zones in this preamble. fireworks display would be within 500 vessels can transit safely around the yards of the fireworks barge. safety zones. Generally, blanket Taking of Private Property Regulatory Evaluation permission to enter, remain in, or transit This proposed rule would not effect a through these safety zones will be given taking of private property or otherwise This proposed rule is not a except during the period that the Coast have taking implications under ‘‘significant regulatory action’’ under Guard patrol vessel is present. Before Executive Order 12630, Governmental section 3(f) of Executive Order 12866, the enforcement period, we will issue Actions and Interference with Regulatory Planning and Review, and maritime advisories widely. Constitutionally Protected Property does not require an assessment of If you think that your business, Rights. potential costs and benefits under organization, or governmental section 6(a)(3) of that Order. The Office jurisdiction qualifies as a small entity Civil Justice Reform of Management and Budget has not and that this rule would have a This proposed rule meets applicable reviewed it under that Order. It is not significant economic impact on it, standards in sections 3(a) and 3(b)(2) of ‘‘significant’’ under the regulatory please submit a comment (see Executive Order 12988, Civil Justice policies and procedures of the ADDRESSES) explaining why you think it Reform, to minimize litigation, Department of Homeland Security qualifies and how and to what degree eliminate ambiguity, and reduce (DHS). this rule would economically affect it. burden. We expect the economic impact of this proposed rule to be so minimal that Assistance for Small Entities Protection of Children a full Regulatory Evaluation under the Under section 213(a) of the Small We have analyzed this proposed rule regulatory policies and procedures of Business Regulatory Enforcement under Executive Order 13045, DHS is unnecessary. Fairness Act of 1996 (Public Law 104– Protection of Children from
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Environmental Health Risks and Safety (NEPA) (42 U.S.C. 4321–4370f), and NAD 1983), approximately 400 yards Risks. This rule is not an economically have concluded that there are no factors south of North East Community Park. significant rule and would not create an in this case that would limit the use of (4) Potomac River, Charles County, environmental risk to health or risk to a categorical exclusion under section MD, Safety Zone. All waters of the safety that might disproportionately 2.B.2 of the Instruction. Therefore, this Potomac River within a 250 yard radius affect children. rule is categorically excluded, under of the fireworks barge in approximate figure 2–1, paragraph (34)(g), of the position 38° 20′30″ N, 077° 14′30″ W Indian Tribal Governments Instruction, from further environmental (Datum NAD 1983), located near This proposed rule does not have documentation. This rule fits the Fairview Beach, Virginia. tribal implications under Executive category selected from paragraph (34)(g), (5) Baltimore Inner Harbor, Patapsco Order 13175, Consultation and as it would establish 34 safety zones. River, MD, Safety Zone. All waters of Coordination with Indian Tribal A draft ‘‘Environmental Analysis the Patapsco River within a 150 yard Governments, because it would not have Check List’’ and a draft ‘‘Categorical radius of the fireworks barge in a substantial direct effect on one or approximate position 39° 16′55″ N, 076° Exclusion Determination’’ are available ′ ″ more Indian tribes, on the relationship in the docket where indicated under 36 17 W (Datum NAD 1983), located at between the Federal Government and ADDRESSES. Comments on this section the entrance to Baltimore Inner Harbor, Indian tribes, or on the distribution of will be considered before we make the approximately 150 yards southwest of power and responsibilities between the final decision on whether the rule pier 6. (6) Northwest Harbor, (Western Federal Government and Indian tribes. should be categorically excluded from Section) Patapsco River, MD, Safety further environmental review. Energy Effects Zone. All waters of the Patapsco River We have analyzed this proposed rule List of Subjects in 33 CFR Part 165 within a 250 yard radius of the fireworks barge in approximate position under Executive Order 13211, Actions Harbors, Marine safety, Navigation 39° 16′37″ N, 076° 35′54″ W (Datum Concerning Regulations That (water), Reporting and recordkeeping NAD 1983), located near the western Significantly Affect Energy Supply, requirements, Security measures, end of Northwest Harbor. Distribution, or Use. We have Waterways. determined that it is not a ‘‘significant (7) Northwest Harbor (East Channel), energy action’’ under that order because For the reasons discussed in the Patapsco River, MD, Safety Zone. All it is not a ‘‘significant regulatory action’’ preamble, the Coast Guard proposes to waters of the Patapsco River within a under Executive Order 12866 and is not amend 33 CFR part 165 as follows: 300 yard radius of the fireworks barge likely to have a significant adverse effect in approximate position 39° 15′55″ N, PART 165—REGULATED NAVIGATION on the supply, distribution, or use of 076° 34′35″ W (Datum NAD 1983), AREAS AND LIMITED ACCESS AREAS energy. The Administrator of the Office located adjacent to the East Channel of of Information and Regulatory Affairs 1. The authority citation for part 165 Northwest Harbor. has not designated it as a significant continues to read as follows: (8) Washington Channel, Upper energy action. Therefore, it does not Potomac River, Washington, DC, Safety Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. require a Statement of Energy Effects Zone. All waters of the Upper Potomac Chapter 701; 50 U.S.C. 191; 195; 33 CFR River within a 150 yard radius of the under Executive Order 13211. 1.05–1(g), 6.04–1, 6.04–6 and 160.5; Pub. L. fireworks barge in approximate position Technical Standards 107–295, 116 Stat. 2064; Department of ° ′ ″ ° ′ ″ Homeland Security Delegation No. 0170.1. 38 52 09 N, 077 01 13 W (Datum The National Technology Transfer NAD 1983), located within the and Advancement Act (NTTAA) (15 2. Add § 165.506 to read as follows: Washington Channel in Washington U.S.C. 272 note) directs agencies to use § 165.506 Safety Zones; Fifth Coast Guard Harbor, DC. voluntary consensus standards in their District Fireworks Displays. (9) Dukeharts Channel, Potomac regulatory activities unless the agency River, MD, Safety Zone. All waters of provides Congress, through the Office of (a) Locations. (1) Patuxent River, the Potomac River within a 150 yard Management and Budget, with an Solomons Island, MD, Safety Zone. All radius of the fireworks barge in explanation of why using these waters of Patuxent River within a 300 approximate position 38° 13′48″ N, 076° yard radius of the fireworks barge in an 44′37″ W (Datum NAD 1983), located standards would be inconsistent with ° area bound by the following points: 38 adjacent to Dukeharts Channel near applicable law or otherwise impractical. ′ ″ ° ′ ″ ° 19 42 N, 076 28 02 W; thence to 38 Coltons Point, Maryland. Voluntary consensus standards are ′ ″ ° ′ ″ ° 19 26 N, 076 28 18 W; thence to 38 (10) Severn River and Spa Creek, technical standards (e.g., specifications ′ ″ ° ′ ″ ° 18 48 N, 076 27 42 W; thence to 38 Annapolis, MD, Safety Zone. All waters of materials, performance, design, or ′ ″ ° ′ ″ operation; test methods; sampling 19 06 N 076 27 25 W; (Datum NAD of the Severn River and Spa Creek procedures; and related management 1983), thence to the point of origin, within an area bounded by a line drawn systems practices) that are developed or located near Solomons Island, MD. from 38°58′39.6″ N, 076° 28′49″ W; adopted by voluntary consensus (2) Middle River, Baltimore County, thence to 38° 58′41″ N, 076° 28′14″ W; standards bodies. MD, Safety Zone. All waters of the thence to 38° 59′01″ N, 076° 28′37″ W; This proposed rule does not use Middle River within a 300 yard radius thence to 38° 58′57″ N, 076° 28′40″ W technical standards. Therefore, we did of the fireworks barge in approximate (Datum NAD 1983), located near the ° ′ ″ ° ′ ″ not consider the use of voluntary position 39 17 45 N, 076 23 49 W entrance to Spa Creek in Annapolis, consensus standards. (Datum NAD 1983), approximately 300 Maryland. yards east of Rockaway Beach, near (11) Miles River, St. Michaels, MD, Environment Turkey Point. Safety Zone. All waters of the Miles We have analyzed this proposed rule (3) Northeast River, North East, MD, River within a 200 yard radius of the under Commandant Instruction Safety Zone. All waters of the Northeast fireworks barge in approximate position M16475.lD, which guides the Coast River within a 300 yard radius of the 38° 47′42″ N, 076° 12′23″ W (Datum Guard in complying with the National fireworks barge in approximate position NAD 1983), located near the waterfront Environmental Policy Act of 1969 39° 35′26″ N, 075° 57′00″ W (Datum of St. Michaels, Maryland.
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(12) Chesapeake Bay, Chesapeake NAD 1983), approximately 100 yards fireworks barge in approximate position Beach, MD, Safety Zone. All waters of north of Parkers Island. 35° 06′07.1″ N, 077° 01′35.8″ W (Datum the Chesapeake Bay within a 150 yard (21) Barnegat Bay, Ocean Township, NAD 1983), located 420 yards north of radius of the fireworks barge in NJ, Safety Zone. All waters of Barnegat the New Bern, Twin Span, high rise approximate position 38° 41′33″ N, 076° Bay within a 500 yard radius of the bridge. 31′48″ W (Datum NAD 1983), located fireworks barge in approximate position (30) Upper Potomac River, near Chesapeake Beach, Maryland. 39° 47′33″ N, 074° 10′46″ W (Datum Alexandria, VA, Safety Zone. All waters (13) Choptank River, Cambridge, MD, NAD 1983). of the Upper Potomac River within a Safety Zone. All waters of the Choptank (22) Delaware Bay, North Cape May, 300 yard radius of the fireworks barge River within a 300 yard radius of the NJ, Safety Zone. All waters of the in approximate position 38° 48′37″ N, fireworks launch site at Great Marsh Delaware Bay within a 500 yard radius 077° 02′02″ W (Datum NAD 1983), Point, located at 38° 35′06″ N, 076° of the fireworks barge in approximate located near the waterfront of ° ′ ″ ° ′ ″ 04′46″ W (Datum NAD 1983). position 38 58 00 N, 074 58 30 W Alexandria, Virginia. (14) Chester River, Kent Island (Datum NAD 1983). (31) Potomac River, Prince William Narrows, MD, Safety Zone. All waters of (23) Delaware River, Philadelphia, County, VA, Safety Zone. All waters of the Chester River within a 250 yard PA, Safety Zone. All waters of Delaware the Potomac River within a 200 yard radius of the fireworks barge in River, adjacent to Penns Landing, radius of the fireworks barge in approximate position 38° 58′51.6″ N, Philadelphia, PA, bounded from approximate position 38° 34′08″ N, 077° 076° 14′49.8″ W (Datum NAD 1983), shoreline to shoreline, bounded on the 15′34″ W (Datum NAD 1983), located south by a line running east to west approximately 500 yards west of the ° near Cherry Hill, Virginia. northern approach to Kent Island from points along the shoreline at 39 (32) Chincoteague Channel, 56′31.2″ N, 075° 08′28.1″ W; thence to Narrows channel. ° ′ ″ ° ′ ″ Chincoteague, VA, Safety Zone. All (15) Atlantic Ocean, Ocean City, MD, 39 56 29.1 N, 075 07 56.5 W, and waters of the Chincoteague Channel Safety Zone. All waters of the Atlantic bounded on the north by the Benjamin within a 360 yard radius of the Ocean in an area bound by the following Franklin Bridge, (Datum NAD 1983). fireworks launch location at the (24) Morehead City Harbor Channel, points: 38° 19′39.9″ N, 075° 05′03.2″ W; Chincoteague carnival waterfront in NC, Safety Zone. All waters of thence to 38° 19′36.7″ N, 075° 04′53.5″ approximate position 37° 55′40.3″ N, Morehead City Harbor Channel that fall W; thence to 38° 19′45.6″ N, 075° 075° 23′10.7″ W (Datum NAD 1983), within a 360 yard radius of latitude 34° 04′49.3″ W; thence to 38° 19′49.1″ N, approximately 900 yards southwest of 43′01″ N, 076° 42′59.6″ W, a position 075° 05′00.5″ W; (Datum NAD 1983), Chincoteague Swing Bridge. located at the west end of Sugar Loaf thence to point of origin. The size of the (33) Atlantic Ocean, Virginia Beach, Island, NC. proposed zone extends approximately (25) Cape Fear River, Wilmington, NC, VA, Safety Zone. All waters of the 300 yards offshore from the fireworks Safety Zone. All waters of the Cape Fear Atlantic Ocean enclosed within a 360 launch area located at the High Water River within an area bound by a line yard radius of the center located on the mark on the beach. ° beach at approximate position 36° drawn from the following points: 34 ′ ″ ° ′ ″ (16) Isle of Wight Bay, Ocean City, 14′12″ N, 077° 57′07.2″ W; thence to 34° 51 34.8 N, 075 58 30 W (Datum NAD MD, Safety Zone. All waters of Isle of 14′12″ N, 077° 57′06″ W; thence to 1983). Wight Bay within a 350 yard radius of 34°13′54″ N, 077° 57′00″ W;, thence to (34) Elizabeth River, Southern Branch, the fireworks barge in approximate 34° 13′54″ N, 077° 57′06″ W; thence to Norfolk, VA, Safety Zone: All waters of position 38° 22′32″ N, 075° 04′30″ W Elizabeth River Southern Branch in an the point of origin, (Datum NAD 1983), ° (Datum NAD 1983). located 500 yards north of Cape Fear area bound by the following points: 36 (17) Assawoman Bay, Fenwick 50′54.8″ N, 076° 18′10.7″ W; thence to Memorial Bridge. ° ′ ″ ° ′ ″ Island—Ocean City, MD, Safety Zone. (26) Cape Fear River, Southport, NC, 36 51 7.9 N, 076 18 01 W; thence to ° ′ ″ ° ′ ″ All waters of Assawoman Bay within a Safety Zone. All waters of the Cape Fear 36 50 45.6 N, 076 17 44.2 W; thence ° ′ ″ ° ′ ″ 360 yard radius of the fireworks launch River within a 600 yard radius of the to 36 50 29.6 N, 076 17 23.2 W; ° ′ ″ ° ′ ″ location on the pier at the West end of fireworks barge in approximate position thence to 36 50 7.7 N, 076 17 32.3 W; ° ′ ″ ° ′ ″ Northside Park, in approximate position 33° 54′40″ N, 078° 01′18″ W (Datum thence to 36 49 58 N, 076 17 28.6 W; ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 38 25 57.6 N, 075 03 55.8 W (Datum NAD 1983), approximately 700 yards thence to 36 49 52.6 N, 076 17 43.8 ° ′ ″ ° NAD 1983). south of the waterfront at Southport, W; thence to 36 50 27.2 N, 076 ′ ″ (18) Atlantic Ocean, Rehoboth Beach, NC. 17 45.3 W thence to the point of DE, Safety Zone. All waters of the (27) Green Creek and Smith Creek, origin,(Datum NAD 1983). Atlantic Ocean within a 360 yard radius Oriental, NC, Safety Zone. All waters of (b) Notification. (1) Fireworks barges of the fireworks barge in approximate Green Creek and Smith Creek that fall and launch sites on land in paragraph position 38° 43′01.2″ N, 075° 04′21″ W within a 300 yard radius of the (a) of this section will have a sign on the (Datum NAD 1983), approximately 400 fireworks launch site at 35° 01′29.6″ N, port and starboard side of the barge or yards east of Rehoboth Beach, DE. 076° 42′10.4″ W (Datum NAD 1983), mounted on a post 3 foot above ground (19) Indian River Bay, DE, Safety located near the entrance to the Neuse level when on land and facing the water Zone. All waters of the Indian River Bay River in the vicinity of Oriental, NC. labeled FIREWORKS—DANGER—STAY within a 360 yard radius of the (28) Pamlico River, Washington, NC, AWAY’’. This will provide on scene fireworks launch location on the pier in Safety Zone. All waters of the Pamlico notice that the safety zone will be approximate position 38° 36′42″ N, 075° River that fall within a 300 yard radius enforced on that day. This notice will 08′18″ W (Datum NAD 1983), about 700 of the fireworks launch site at 35° 32′19″ consist of a diamond shaped sign 4 foot yards east of Pots Net Point, DE. N, 077° 03′20.5″ W (Datum NAD 1983), by 4 foot with a 3-inch orange retro (20) Little Egg Harbor, Parker Island, located 500 yards north of Washington reflective border. The word ‘‘DANGER’’ NJ, Safety Zone. All waters of Little Egg railroad trestle bridge. shall be 10 inch black block letters Harbor within a 500 yard radius of the (29) Neuse River, New Bern, NC, centered on the sign with the words fireworks barge in approximate position Safety Zone. All waters of the Neuse ‘‘FIREWORKS’’ and ‘‘STAY AWAY’’ in 39° 34′18″ N, 074° 14′43″ W (Datum River within a 360 yard radius of the 6 inch black block letters placed above
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and below the word ‘‘DANGER’’ ENVIRONMENTAL PROTECTION E. Hand Delivery: At the previously- respectively on a white background. AGENCY listed EPA Region III address. Such (2) Coast Guard Captains of the Port deliveries are only accepted during the 40 CFR Part 52 in the Fifth Coast Guard District will Docket’s normal hours of operation, and notify the public of the enforcement of [R03–OAR–2005–PA–0008; FRL–7893–6] special arrangements should be made for deliveries of boxed information. these safety zones by all appropriate Approval and Promulgation of Air Instructions: Direct your comments to means to effect the widest publicity RME ID No. R03–OAR–2005–PA–0008. among the affected segments of the Quality Implementation Plans; Pennsylvania; VOC and NO RACT EPA’s policy is that all comments public, including publication in the X Determinations for Eleven Individual received will be included in the public local notice to mariners, marine Sources docket without change, and may be information broadcasts, and facsimile made available online at http:// broadcasts may be made for these AGENCY: Environmental Protection www.docket.epa.gov/rmepub/, events, beginning 24 to 48 hours before Agency (EPA). including any personal information the event is scheduled to begin, to notify ACTION: Proposed rule. provided, unless the comment includes the public. information claimed to be Confidential SUMMARY: EPA proposes to approve the Business Information (CBI) or other (c) Enforcement Period. This safety State Implementation Plan (SIP) information whose disclosure is zones in paragraph (a) of this section revision submitted by the restricted by statute. Do not submit will be enforced from 5:30 p.m. to 1 a.m. Commonwealth of Pennsylvania for the information that you consider to be CBI each day a barge with a ‘‘FIREWORKS— purpose of establishing and requiring DANGER—STAY AWAY’’ sign on the or otherwise protected through RME, reasonably available control technology regulations.gov or e-mail. The EPA RME port and starboard side is on-scene or a (RACT) for eleven major sources of ‘‘FIREWORKS—DANGER—STAY and the Federal regulations.gov websites volatile organic compounds (VOC) and are an ‘‘anonymous access’’ system, AWAY’’ sign is posted on land, in a nitrogen oxides (NOX). In the Final location listed in paragraph (a) of this which means EPA will not know your Rules section of this Federal Register, identity or contact information unless section. Vessels may not enter, remain EPA is approving the State’s SIP in, or transit through the safety zones you provide it in the body of your submittal as a direct final rule without comment. If you send an e-mail during these enforcement periods unless prior proposal because the Agency comment directly to EPA without going authorized by the Captain of the Port or views this as a noncontroversial through RME or regulations.gov, your e- designated Coast Guard patrol personnel submittal and anticipates no adverse mail address will be automatically on scene. comments. A detailed rationale for the captured and included as part of the (d) Regulations. (1) The general approval is set forth in the direct final comment that is placed in the public regulations contained in 33 CFR 165.23 rule. If no adverse comments are docket and made available on the apply. received in response to this action, no Internet. If you submit an electronic further activity is contemplated. If EPA comment, EPA recommends that you (2) All persons and vessels shall receives adverse comments, the direct comply with the instructions of the include your name and other contact final rule will be withdrawn and all information in the body of your Coast Guard Captain of the Port or the public comments received will be designated on-scene-patrol personnel. comment and with any disk or CD–ROM addressed in a subsequent final rule you submit. If EPA cannot read your Those personnel are compromised of based on this proposed rule. EPA will commissioned, warrant, and petty comment due to technical difficulties not institute a second comment period. and cannot contact you for clarification, officers of the Coast Guard. Other Any parties interested in commenting EPA may not be able to consider your Federal, State and local agencies may on this action should do so at this time. comment. Electronic files should avoid assist these personnel in the DATES: Comments must be received in the use of special characters, any form enforcement of the safety zone. Upon writing by May 2, 2005. of encryption, and be free of any defects being hailed by the U.S. Coast Guard ADDRESSES: Submit your comments, or viruses. vessel by siren, radio, flashing light or identified by Regional Material in Docket: All documents in the other means, the operator of a vessel EDocket (RME) ID Number R03–OAR– electronic docket are listed in the RME shall proceed as directed. 2005–PA–0008 by one of the following index at http://www.docket.epa.gov/ (e) Definitions. methods: rmepub/. Although listed in the index, The Captain of the Port is any Coast A. Federal eRulemaking Portal: some information is not publicly available, i.e., CBI or other information Guard commissioned, warrant or petty http://www.regulations.gov. Follow the whose disclosure is restricted by statute. officer who has been authorized by the on-line instructions for submitting Certain other material, such as Captain of the Port to act on his or her comments. B. Agency Web site: http:// copyrighted material, is not placed on behalf. www.docket.epa.gov/rmepub/ RME, the Internet and will be publicly State and/or local law enforcement EPA’s electronic public docket and available only in hard copy form. officers are any State or local comment system, is EPA’s preferred Publicly available docket materials are government law enforcement officer method for receiving comments. Follow available either electronically in RME or who has the authority to enforce State the on-line instructions for submitting in hard copy during normal business criminal laws. comments. hours at the Air Protection Division, Dated: March 7, 2005. C. E-mail: [email protected]. U.S. Environmental Protection Agency, D. Mail: R03–OAR–2005–PA–0008, Region III, 1650 Arch Street, Sally Brice-O’Hara, Makeba Morris, Chief, Air Quality Philadelphia, Pennsylvania 19103. Rear Admiral, U.S. Coast Guard, Commander, Planning Branch, Mailcode 3AP21, U.S. Copies of the State submittal are Fifth Coast Guard District. Environmental Protection Agency, available at the Pennsylvania [FR Doc. 05–6140 Filed 3–30–05; 8:45 am] Region III, 1650 Arch Street, Department of Environmental Resources BILLING CODE 4910–15–P Philadelphia, Pennsylvania 19103. Bureau of Air Quality Control, PO Box
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8468, 400 Market Street, Harrisburg, receives adverse comments, the direct comment, EPA recommends that you Pennsylvania 17105. final rule will be withdrawn and all include your name and other contact FOR FURTHER INFORMATION CONTACT: public comments received will be information in the body of your Pauline De Vose, (215) 814–2186, or by addressed in a subsequent final rule comment and with any disk or CD–ROM e-mail at [email protected]. based on this proposed rule. EPA will you submit. If EPA cannot read your Please note that while questions may be not institute a second comment period. comment due to technical difficulties posed via telephone and e-mail, formal Any parties interested in commenting and cannot contact you for clarification, comments must be submitted, in on this action should do so at this time. EPA may not be able to consider your writing, as indicated in the ADDRESSES DATES: Comments must be received in comment. Electronic files should avoid section of this document. writing by May 2, 2005. the use of special characters, any form SUPPLEMENTARY INFORMATION: For ADDRESSES: Submit your comments, of encryption, and be free of any defects further information, please see the identified by Regional Material in or viruses. information provided in the direct final EDocket (RME) ID Number R03–OAR– Docket: All documents in the action, Approval of Pennsylvania’s VOC 2005–PA–0003 by one of the following electronic docket are listed in the RME and NOX RACT Determinations for methods: index at http://www.docket.epa.gov/ Eleven Individual Sources, that is A. Federal eRulemaking Portal: located in the ‘‘Rules and Regulations’’ http://www.regulations.gov. Follow the rmepub/. Although listed in the index, section of this Federal Register on-line instructions for submitting some information is not publicly publication. Please note that if EPA comments. available, i.e., CBI or other information receives adverse comment on an B. Agency Web site: http:// whose disclosure is restricted by statute. amendment, paragraph, or section of www.docket.epa.gov/rmepub/ RME, Certain other material, such as this rule and if that provision may be EPA’s electronic public docket and copyrighted material, is not placed on severed from the remainder of the rule, comment system, is EPA’s preferred the Internet and will be publicly EPA may adopt as final those provisions method for receiving comments. Follow available only in hard copy form. of the rule that are not the subject of an the on-line instructions for submitting Publicly available docket materials are adverse comment. comments. available either electronically in RME or Dated: March 24, 2005. C. E-mail: [email protected]. in hard copy during normal business D. Mail: R03–OAR–2005–PA–0003, Donald S. Welsh, hours at the Air Protection Division, Makeba Morris, Chief, Air Quality Regional Administrator, Region III. U.S. Environmental Protection Agency, Planning, Mailcode 3AP21, U.S. Region III, 1650 Arch Street, [FR Doc. 05–6371 Filed 3–30–05; 8:45 am] Environmental Protection Agency, Philadelphia, Pennsylvania 19103. BILLING CODE 6560–50–P Region III, 1650 Arch Street, Copies of the State submittal are Philadelphia, Pennsylvania 19103. available at the Pennsylvania E. Hand Delivery: At the previously- ENVIRONMENTAL PROTECTION Department of Environmental Protection listed EPA Region III address. Such AGENCY Bureau of Air Quality Control, PO Box deliveries are only accepted during the 8468, 400 Market Street, Harrisburg, Docket’s normal hours of operation, and 40 CFR Part 52 Pennsylvania 17105. special arrangements should be made [R03–OAR–2005–PA–0003; FRL–7893–5] for deliveries of boxed information. FOR FURTHER INFORMATION CONTACT: Instructions: Direct your comments to Amy Caprio, (215) 814–2156, or by e- Approval and Promulgation of Air RME ID No. R03–OAR–2005–PA–0003. mail at [email protected]. Please note Quality Implementation Plans; EPA’s policy is that all comments that while questions may be posed via Pennsylvania; VOC RACT received will be included in the public telephone and e-mail, formal comments Determinations for Seven Individual docket without change, and may be Sources must be submitted, in writing, as made available online at http:// indicated in the ADDRESSES section of AGENCY: Environmental Protection www.docket.epa.gov/rmepub/, this document. Agency (EPA). including any personal information SUPPLEMENTARY INFORMATION: For ACTION: Proposed rule. provided, unless the comment includes information claimed to be Confidential further information, please see the SUMMARY: EPA proposes to approve the Business Information (CBI) or other information provided in the direct final State Implementation Plan (SIP) information whose disclosure is action, with the same title, that is revision submitted by the restricted by statute. Do not submit located in the ‘‘Rules and Regulations’’ Commonwealth of Pennsylvania for the information that you consider to be CBI section of this Federal Register purpose of establishing and requiring or otherwise protected through RME, publication. Please note that if EPA reasonably available control technology regulations.gov or e-mail. The EPA RME receives adverse comment on an (RACT) for seven major sources of and the Federal regulations.gov websites amendment, paragraph, or section of volatile organic compounds (VOC). In are an ‘‘anonymous access’’ system, this rule and if that provision may be the Final Rules section of this Federal which means EPA will not know your severed from the remainder of the rule, Register, EPA is approving the State’s identity or contact information unless EPA may adopt as final those provisions SIP submittal as a direct final rule you provide it in the body of your of the rule that are not the subject of an without prior proposal because the comment. If you send an e-mail adverse comment. Agency views this as a noncontroversial comment directly to EPA without going submittal and anticipates no adverse through RME or regulations.gov, your e- Dated: March 24, 2005. comments. A detailed rationale for the mail address will be automatically Donald S. Welsh, approval is set forth in the direct final captured and included as part of the Regional Administrator, Region III. rule. If no adverse comments are comment that is placed in the public [FR Doc. 05–6374 Filed 3–30–05; 8:45 am] received in response to this action, no docket and made available on the BILLING CODE 6560–50–P further activity is contemplated. If EPA Internet. If you submit an electronic
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ENVIRONMENTAL PROTECTION deliveries are only accepted during the FOR FURTHER INFORMATION CONTACT: AGENCY Docket’s normal hours of operation, and LaKeshia Robertson, (215) 814–2113, or special arrangements should be made by e-mail at [email protected]. 40 CFR Part 52 for deliveries of boxed information. SUPPLEMENTARY INFORMATION: For Instructions: Direct your comments to [R03–OAR–2005–PA–0007; FRL–7892–9] further information, please see the RME ID No. R03–OAR–2005–PA–0007. information provided in the direct final Approval and Promulgation of Air EPA’s policy is that all comments action, with the same title, that is Quality Implementation Plans; received will be included in the public located in the ‘‘Rules and Regulations’’ docket without change, and may be Pennsylvania; NOX RACT section of this Federal Register Determinations for Fifteen Sources made available online at http:// publication. Please note that if EPA www.docket.epa.gov/rmepub/, receives adverse comment on an AGENCY: Environmental Protection including any personal information amendment, paragraph, or section of Agency (EPA). provided, unless the comment includes this rule and if that provision may be ACTION: Proposed rule. information claimed to be Confidential severed from the remainder of the rule, Business Information (CBI) or other EPA may adopt as final those provisions SUMMARY: EPA proposes to approve the information whose disclosure is of the rule that are not the subject of an State Implementation Plan (SIP) restricted by statute. Do not submit adverse comment. revision submitted by the State of information that you consider to be CBI Pennsylvania for the purpose of or otherwise protected through RME, Dated: March 24, 2005. establishing and requiring reasonably regulations.gov or e-mail. The EPA RME Donald S. Welsh, available control technology (RACT) for and the Federal regulations.gov websites Regional Administrator, Region III. fifteen sources of nitrogen oxides. In the are an ‘‘anonymous access’’ system, [FR Doc. 05–6375 Filed 3–30–05; 8:45 am] Final Rules section of this Federal which means EPA will not know your BILLING CODE 6560–50–P Register, EPA is approving the State’s identity or contact information unless SIP submittal as a direct final rule you provide it in the body of your without prior proposal because the comment. If you send an e-mail ENVIRONMENTAL PROTECTION Agency views this as a noncontroversial comment directly to EPA without going AGENCY submittal and anticipates no adverse through RME or regulations.gov, your e- comments. A detailed rationale for the mail address will be automatically 40 CFR Part 52 and 70 approval is set forth in the direct final captured and included as part of the [R07–OAR–2005–NE–0001; FRL–7893–9] rule. If no adverse comments are comment that is placed in the public received in response to this action, no docket and made available on the Approval and Promulgation of further activity is contemplated. If EPA Internet. If you submit an electronic Implementation Plans and Operating receives adverse comments, the direct comment, EPA recommends that you Permits Program; State of Nebraska final rule will be withdrawn and all include your name and other contact information in the body of your AGENCY: Environmental Protection public comments received will be Agency (EPA). addressed in a subsequent final rule comment and with any disk or CD-ROM ACTION: Proposed rule. based on this proposed rule. EPA will you submit. If EPA cannot read your comment due to technical difficulties not institute a second comment period. SUMMARY: EPA proposes to approve Any parties interested in commenting and cannot contact you for clarification, revisions to the State Implementation on this action should do so at this time. EPA may not be able to consider your Plan (SIP) and Operating Permits comment. Electronic files should avoid DATES: Comments must be received in Program submitted by the state of the use of special characters, any form writing by May 2, 2005. Nebraska. These revisions provide or of encryption, and be free of any defects incorporate rules for Predictive ADDRESSES: Submit your comments, or viruses. identified by Regional Material in Docket: All documents in the Emissions Monitoring Systems (PEMS) EDocket (RME) ID Number R03–OAR– electronic docket are listed in the RME in Chapter 34, delete obsolete footnotes 2005–PA–0007 by one of the following index at http://www.docket.epa.gov/ from Appendix III (relating to emissions methods: rmepub/. Although listed in the index, inventories for hazardous air pollutants A. Federal eRulemaking Portal: some information is not publicly under the state’s operating permit http://www.regulations.gov. Follow the available, i.e., CBI or other information program), correct a mistakenly worded on-line instructions for submitting whose disclosure is restricted by statute. rule in Chapter 20 (relating to process comments. Certain other material, such as weight rates for particulate matter from B. Agency Web site: http:// copyrighted material, is not placed on certain sources), and improve www.docket.epa.gov/rmepub/ RME, the Internet and will be publicly understanding of Chapter 20 by EPA’s electronic public docket and available only in hard copy form. consolidating the process weight rates comment system, is EPA’s preferred Publicly available docket materials are into a single table. Approval of these method for receiving comments. Follow available either electronically in RME or revisions will ensure consistency the on-line instructions for submitting in hard copy during normal business between the state and Federally- comments. hours at the Air Protection Division, approved rules, and ensure Federal C. E-mail: [email protected]. U.S. Environmental Protection Agency, enforceability of the state’s revised air D. Mail: R03–OAR–2005–PA–0007, Region III, 1650 Arch Street, program rules. Makeba Morris, Chief, Air Quality Philadelphia, Pennsylvania 19103. DATES: Comments on this proposed Planning Branch, Mailcode 3AP21, U.S. Copies of the State submittal action must be received in writing by Environmental Protection Agency, Pennsylvania Department of May 2, 2005. Region III, 1650 Arch Street, Environmental Protection, Bureau of Air ADDRESSES: Comments may be mailed to Philadelphia, Pennsylvania 19103. Quality Control, P.O. Box 8468, 400 Shelly Rios-LaLuz, Environmental E. Hand Delivery: At the previously- Market Street, Harrisburg, Pennsylvania Protection Agency, Air Planning and listed EPA Region III address. Such 17105. Development Branch, 901 North 5th
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Street, Kansas City, Kansas 66101. the rule. This rule is a critical element an electronic comment, EPA Comments may also be submitted in the state’s plan to maintain the 1- recommends that you include your electronically or through hand delivery/ hour ozone standard in the St. Louis name and other contact information in courier; please follow the detailed maintenance area and will help reduce the body of your comment and with any instructions in the Addresses section of ozone concentrations in the area in the disk or CD-ROM you submit. If EPA the direct final rule which is located in future. This action is necessary to begin cannot read your comment due to the rules section of this Federal the process of incorporating the technical difficulties and cannot contact Register. amended rule into Missouri’s ozone SIP. you for clarification, EPA may not be FOR FURTHER INFORMATION CONTACT: DATES: Comments must be received on able to consider your comment. Shelly Rios-LaLuz at (913) 551–7296, or or before May 2, 2005. Electronic files should avoid the use of by e-mail at [email protected]. ADDRESSES: Submit your comments, special characters, any form of encryption, and be free of any defects or SUPPLEMENTARY INFORMATION: In the identified by Regional Material in final rules section of the Federal EDocket (RME) ID Number R07–OAR– viruses. Docket. All documents in the Register, EPA is approving the state’s 2005–MO–0003, by one of the following electronic docket are listed in the RME submittal as a direct final rule without methods: index at http://docket.epa.gov/rmepub/. prior proposal because the Agency 1. Federal eRulemaking Portal: Although listed in the index, some views this as a noncontroversial http://www.regulations.gov. Follow the information is not publicly available, revision amendment and anticipates no on-line instructions for submitting i.e., CBI or other information whose relevant adverse comments to this comments. disclosure is restricted by statute. action. A detailed rationale for the 2. Agency Web site: http:// Certain other material, such as approval is set forth in the direct final docket.epa.gov/rmepub/. RME, EPA’s copyrighted material, is not placed on rule. If no relevant adverse comments electronic public docket and comment the Internet and will be publicly are received in response to this action, system, is EPA’s preferred method for available only in hard copy form. no further activity is contemplated in receiving comments. Once in the Publicly available docket materials are relation to this action. If EPA receives system, select ‘‘quick search,’’ then key available either electronically in RME or relevant adverse comments, the direct in the appropriate RME Docket in hard copy at the Environmental final rule will be withdrawn and all identification number. Follow the on- Protection Agency, Air Planning and public comments received will be line instructions for submitting Development Branch, 901 North 5th addressed in a subsequent final rule comments. Street, Kansas City, Kansas. EPA based on this proposed action. EPA will 3. E-mail: [email protected]. requests that you contact the person not institute a second comment period 4. Mail: Michael Jay, Environmental listed in the FOR FURTHER INFORMATION on this action. Any parties interested in Protection Agency, Air Planning and CONTACT section to schedule your commenting on this action should do so Development Branch, 901 North 5th inspection. The interested persons at this time. Please note that if EPA Street, Kansas City, Kansas 66101. wanting to examine these documents receives adverse comment on part of 5. Hand Delivery or Courier. Deliver should make an appointment with the this rule and if that part can be severed your comments to Michael Jay, office at least 24 hours in advance. from the remainder of the rule, EPA may Environmental Protection Agency, Air adopt as final those parts of the rule that Planning and Development Branch, 901 FOR FURTHER INFORMATION CONTACT: are not the subject of an adverse North 5th Street, Kansas City, Kansas Michael Jay at (913) 551–7460 or by e- comment. For additional information, 66101. mail at [email protected]. see the direct final rule which is located Instructions: Direct your comments to SUPPLEMENTARY INFORMATION: in the rules section of this Federal RME ID Number R07–OAR–2005–MO– Throughout this document whenever Register. 0003. EPA’s policy is that all comments ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean received will be included in the public Dated: March 21, 2005. EPA. This section provides additional docket without change and may be information by addressing the following James B. Gulliford, made available online at http:// questions: Regional Administrator, Region 7. docket.epa.gov/rmepub, including any [FR Doc. 05–6368 Filed 3–30–05; 8:45 am] What Is a SIP? personal information provided, unless What Is the Federal Approval Process for a BILLING CODE 6560–50–P the comment includes information SIP? claimed to be Confidential Business What Does Federal Approval of a State Information (CBI) or other information Regualtion Mean to Me? ENVIRONMENTAL PROTECTION whose disclosure is restricted by statute. What Is Being Addressed in This Document? AGENCY Do not submit information that you How Does the Statewide NOX Rule Relate to the NOX SIP Call? 40 CFR Part 52 consider to be CBI or otherwise protected through RME, regulations.gov, What Changes Has Missouri Made to the [R07–OAR–2005–MO–0003; FRL–7894–2] Statewide Rule and What Are EPA’s or e-mail. The EPA RME Web site and Analyses of Them? the Federal regulations.gov Web site are Have the Requirements for Approval of a SIP Approval and Promulgation of ‘‘anonymous access’’ systems, which Implementation Plans; State of Revision Been Met? means EPA will not know your identity What Action Is EPA Taking? Missouri or contact information unless you What Is a SIP? AGENCY: Environmental Protection provide it in the body of your comment. Agency (EPA). If you send an e-mail comment directly Section 110 of the Clean Air Act ACTION: Proposed rule. to EPA without going through RME or (CAA) requires states to develop air regulations.gov, your e-mail address pollution regulations and control SUMMARY: EPA is proposing to approve will be automatically captured and strategies to ensure that state air quality an amendment to the statewide NOX included as part of the comment that is meets the national ambient air quality rule for the state of Missouri. This placed in the public docket and made standards established by EPA. These document summarizes the changes to available on the Internet. If you submit ambient standards are established under
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section 109 of the CAA, and they What Is Being Addressed in This Missouri to an emission rate of 0.25 currently address six criteria pollutants. Document? pounds of NOX per million British These pollutants are: Carbon monoxide, We are proposing to approve the thermal units per hour (lbs. NOX/ nitrogen dioxide, ozone, lead, Missouri Department of Natural mmBtu) of heat input during the control particulate matter, and sulfur dioxide. Resources’ (MDNR) request to include, period and EGUs in the western two- Each state must submit these as a revision to Missouri’s ozone SIP, an thirds to a rate of 0.35 lbs. NOX/mmBtu. regulations and control strategies to us amendment to rule 10 CSR 10–6.350, The amended rule established a more for approval and incorporation into the ‘‘Emissions Limitations and Emissions restrictive emission limitation of 0.18 Federally-enforceable SIP. lbs. NO /mmBtu for affected sources in Each Federally-approved SIP protects Trading of Oxides of Nitrogen’’ (known X the city of St. Louis and additional air quality primarily by addressing air hereafter as ‘‘statewide NOX rule’’) counties of Franklin, Jefferson and St. pollution at its point of origin. These which was incorporated into the SIP on SIPs can be extensive, containing state December 28, 2000 (65 FR 82285). The Louis, which are areas that are part of regulations or other enforceable amended rule was adopted by the the St. Louis current 1-hour documents and supporting information Missouri Air Conservation Commission maintenance and 8-hour nonattainment such as emission inventories, on April 24, 2003. The rule became area. The remainder of the eastern one- monitoring networks, and modeling effective under state law on June 23, third of Missouri is still subject to the demonstrations. 2003. The rule was submitted to EPA on 0.25 lbs. NOX/mmBtu. The limit for the September 18, 2003, and included the western two-thirds of Missouri remains What Is the Federal Approval Process comments on the rule during the state’s the same as in the original rule at 0.35 for a SIP? adoption process, and the state’s lbs. NOX/mmBtu, with the exception In order for state regulations to be response to comments, and other that in the amended rule affected incorporated into the Federally- information necessary to meet EPA’s facilities with cyclone boilers that burn enforceable SIP, states must formally completeness criteria. For additional tire-derived fuel are allowed an information on the completeness adopt the regulations and control emissions rate of 0.68 lbs. NOX/mmBtu. strategies consistent with state and criteria, the reader should refer to 40 The MDNR has submitted Federal requirements. This process CFR part 51, appendix V. documentation that supports the generally includes a public notice, How Does the Statewide NOX Rule conclusion that the revised emissions public hearing, public comment period, Relate to the NOX SIP Call? limitations will achieve a greater overall and a formal adoption by a state- emissions reduction when compared to As stated previously, the statewide authorized rulemaking body. the original rule (see Technical Support Once a state rule, regulation, or NOX rule is designed to achieve emissions reductions to improve air Document (TSD) prepared for this rule). control strategy is adopted, the state Moreover, the additional emissions submits it to us for inclusion into the quality in the St. Louis area. Missouri is reductions in the eastern one-third of SIP. We must provide public notice and also subject to a requirement to achieve Missouri will likely provide for lower 1- seek additional public comment certain NOX reductions to eliminate its hour and 8-hour ozone concentrations regarding the proposed Federal action significant contribution to ozone on the state submission. If adverse nonattainment problems in other areas in the St. Louis area as these emissions are more proximate to the metropolitan comments are received, they must be relating to NOX emissions transported addressed prior to any final Federal from Missouri to other states. (See, 69 area when compared to the more distant action by us. FR 21604, April 21, 2004.) Missouri is western two-thirds of Missouri. All state regulations and supporting in the process of developing separate The amended rule also modifies the information approved by EPA under rules to meet this additional dates for generation and use of early section 110 of the CAA are incorporated requirement. reduction credits (ERCs). In the original into the Federally-approved SIP. What Changes Has Missouri Made to rule, affected units that had reduced Records of such SIP actions are the Statewide Rule and What Are EPA’s emissions rates in the years 2000, 2001, maintained in the Code of Federal Analyses of Them? and 2002 would be able to generate Regulations (CFR) at title 40, part 52, ERCs. The amended rule added the year The amended rule modifies the entitled ‘‘Approval and Promulgation of 2003 for generating ERCs. Accordingly, existing compliance date in the original Implementation Plans.’’ The actual state the retirement date for all ERCs has been rule. The original statewide NO rule regulations which are approved are not X extended from January 31, 2005, to reproduced in their entirety in the CFR (65 FR 82285) had a compliance date of May 1, 2003, whereas the revised rule January 31, 2006, in the amended rule. outright but are ‘‘incorporated by Therefore, all ERCs are restricted for use reference,’’ which means that we have has a compliance date of May 1, 2004. Due to the uncertainty related to the in the control periods of 2004 and 2005 approved a given state regulation with in the amended rule. The modifications a specific effective date. inclusion of Missouri in Phase II of the to the generation and use of ERCs were NOX SIP Call, which was not resolved What Does Federal Approval of a State until April 2004, EPA believes that the made to be consistent with the Regulation Mean to Me? delayed compliance date is appropriate compliance date extension from May 1, Enforcement of the state regulation to assist affected utilities in planning to 2003, to May 1, 2004. Due to the revised before and after it is incorporated into meet their NOX reduction obligations. emissions rates for the aforementioned the Federally-approved SIP is primarily The deferral also did not impact counties in the eastern one-third of a state responsibility. However, after the Missouri’s ability to maintain the 1-hour Missouri, the MDNR submitted regulation is Federally approved, we are ozone standard in St. Louis. documentation that 2003 ERCs earned authorized to take enforcement action The amended rule also modifies the between 0.25 lbs. NOX/mmBtu and the against violators. Citizens are also emissions limitations established in the required limit of 0.18 lbs. NOX/mmBtu offered legal recourse to address original rule. The original state rule were permanently retired (see TSD). violations as described in section 304 of limited electrical generation units This action eliminated ERCs that were the CAA. (EGUs) in the eastern one-third of not surplus.
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Have the Requirements for Approval of implications because it does not have DEPARTMENT OF THE INTERIOR a SIP Revision Been Met? substantial direct effects on the States, Fish and Wildlife Service The state submittal has met the public on the relationship between the national notice requirements for SIP submissions government and the States, or on the 50 CFR Part 17 in accordance with 40 CFR 51.102. The distribution of power and submittal also satisfied the responsibilities among the various RIN 1018–AT88 completeness criteria of 40 CFR part 51, levels of government, as specified in appendix V. In addition, as explained Executive Order 13132 (64 FR 43255, Endangered and Threatened Wildlife above and in more detail in the TSD August 10, 1999). This action merely and Plants; Extension of the Comment which is part of this rule, the revision proposes to approve a state rule Period on Proposed Designation of meets the substantive SIP requirements implementing a Federal standard, and Critical Habitat for the Southwestern of the CAA, including section 110 and does not alter the relationship or the Willow Flycatcher implementing regulations. distribution of power and AGENCY: Fish and Wildlife Service, What Action Is EPA Taking? responsibilities established in the Clean Interior. Air Act. This proposed rule also is not ACTION: Proposed rule; extension of We are proposing to approve as an subject to Executive Order 13045 public comment period. amendment to the Missouri SIP ‘‘Protection of Children from amended rule 10 CSR 10–6.350, Environmental Health Risks and Safety SUMMARY: We, the U.S. Fish and ‘‘Emissions Limitations and Emissions Risks’’ (62 FR 19885, April 23, 1997), Wildlife Service (Service), announce the Trading of Oxides of Nitrogen,’’ because it is not economically extension of the public comment period submitted to us on September 18, 2003. significant. for the proposal to designate critical We are soliciting comments on this habitat for the southwestern willow proposed action. Final rulemaking will In reviewing SIP submissions, EPA’s flycatcher (Empidonax extimus traillii) occur after consideration of any role is to approve state choices, to allow all interested parties to comments. provided that they meet the criteria of the Clean Air Act. In this context, in the comment on the proposed critical Statutory and Executive Order Reviews habitat designation under the absence of a prior existing requirement Endangered Species Act of 1973, as Under Executive Order 12866 (58 FR for the State to use voluntary consensus 51735, October 4, 1993), this proposed amended. The proposed rule was standards (VCS), EPA has no authority published and the public comment action is not a ‘‘significant regulatory to disapprove a SIP submission for action’’ and therefore is not subject to period initially opened on October 12, failure to use VCS. It would thus be 2004 (69 FR 60706). The comment review by the Office of Management and inconsistent with applicable law for Budget. For this reason, this action is period was extended to March 31, 2005 EPA, when it reviews a SIP submission, (December 13, 2004; 69 FR 72161) and also not subject to Executive Order to use VCS in place of a SIP submission 13211, ‘‘Actions Concerning Regulations is being extended again with this notice. that otherwise satisfies the provisions of DATES: The deadline for submitting That Significantly Affect Energy Supply, the Clean Air Act. Thus, the Distribution, or Use’’ (66 FR 28355, May comments on this proposal is extended requirements of section 12(d) of the 22, 2001). This proposed action merely from March 31, 2005, to May 31, 2005. National Technology Transfer and proposes to approve state law as Comments must be submitted directly to meeting Federal requirements and Advancement Act of 1995 (15 U.S.C. the Service (see ADDRESSES section) on imposes no additional requirements 272 note) do not apply. This proposed or before May 31, 2005. Any comments beyond those imposed by state law. rule does not impose an information received after the closing date may not Accordingly, the Administrator certifies collection burden under the provisions be considered in the final determination that this proposed rule will not have a of the Paperwork Reduction Act of 1995 on the proposal. significant economic impact on a (44 U.S.C. 3501 et seq.). ADDRESSES: If you wish to comment, substantial number of small entities List of Subjects in 40 CFR Part 52 you may submit your comments and under the Regulatory Flexibility Act (5 materials by any one of several methods: U.S.C. 601 et seq.). Because this rule Environmental protection, Air 1. You may submit written comments proposes to approve pre-existing pollution control, Carbon monoxide, and information by mail or hand- requirements under state law and does Incorporation by reference, delivery to Steve Spangle, Field not impose any additional enforceable Intergovernmental relations, Lead, Supervisor, Arizona Ecological Services duty beyond that required by state law, Nitrogen dioxide, Ozone, Particulate Field Office, 2321 W. Royal Palm Road, it does not contain any unfunded matter, Reporting and recordkeeping Suite 103, Phoenix, Arizona 85021. mandate or significantly or uniquely requirements, Sulfur oxides, Volatile 2. Written comments may be sent by affect small governments, as described organic compounds. facsimile to (602) 242–2513. in the Unfunded Mandates Reform Act 3. You may send your comments by of 1995 (Pub. L. 104–4). Dated: March 21, 2005. electronic mail (e-mail) to This proposed rule also does not have James B. Gulliford, [email protected]. tribal implications because it will not Regional Administrator, Region 7. The critical habitat proposal and have a substantial direct effect on one or [FR Doc. 05–6370 Filed 3–30–05; 8:45 am] supporting maps are available for more Indian tribes, on the relationship BILLING CODE 6560–50–P viewing by appointment during regular between the Federal Government and business hours at the above address or Indian tribes, or on the distribution of on the Internet at http:// power and responsibilities between the arizonaes.fws.gov/SWWF_PCH_Oct.htm. Federal Government and Indian tribes, All comments and materials received, as as specified by Executive Order 13175 well as supporting documentation used (65 FR 67249, November 9, 2000). This in preparation of the proposed rule, will action also does not have Federalism be available for public inspection, by
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appointment, during normal business proposed actions, pursuant to section We are required by court order to hours at the above address. 7(a)(2) of the Act. complete the final designation of critical FOR FURTHER INFORMATION CONTACT: Section 4 of the Act requires that we habitat for the southwestern willow Steve Spangle, Field Supervisor, consider economic and other relevant flycatcher by September 30, 2005. To Arizona Ecological Services Office impacts prior to making a final decision meet this date, all comments on or (telephone 602–242–0210, facsimile on what areas to designate as critical proposed revisions to the proposed rule 602–242–2513). habitat. We are currently developing a need to be submitted to us during the SUPPLEMENTARY INFORMATION: draft economic analysis and draft comment period as extended by this document (see DATES). Background environmental assessment for the proposal to designate certain areas as Our practice is to make comments, We proposed to designate for the critical habitat for the southwestern including names and home addresses of southwestern willow flycatcher 376,095 willow flycatcher and will announce respondents, available for public review acres (ac) (152,124 hectares (ha)) their availability at a later date. We may [including approximately 1,556 stream during regular business hours. revise the proposal, or its supporting Individual respondents may request that miles (2,508 stream kilometers)] of documents, to incorporate or address critical habitat, which includes various we withhold their home address, which new information received during the we will honor to the extent allowable by stream segments and their associated comment period. In particular, we may riparian areas, not exceeding the 100- law. If you wish us to withhold your exclude an area from critical habitat if name or address, you must state this year floodplain or flood prone area, on we determine that the benefits of a combination of Federal, State, Tribal, request prominently at the beginning of excluding the area outweigh the benefits your comments. However, we will not and private lands in southern California, of including the area as critical habitat, consider anonymous comments. To the southern Nevada, southwestern Utah, provided such exclusion will not result extent consistent with applicable law, south-central Colorado, Arizona, and in the extinction of the species. New Mexico. The proposed rule was we will make all submissions from published in the Federal Register (69 Pursuant to 50 CFR 424.16(c)(2), we organizations or businesses, and from FR 60706) on October 12, 2004, may extend or reopen a comment period individuals identifying themselves as pursuant to a court order. upon finding that there is good cause to representatives or officials of On September 30, 2003, in a do so. We are currently developing a organizations or businesses, available complaint brought by the Center for draft economic analysis and draft for public inspection in their entirety. environmental assessment for the Biological Diversity, the U.S. District Comments and materials received, as Court of New Mexico instructed us to proposal and will announce the availability of those documents and well as supporting documentation used propose critical habitat by September in preparation of the proposal to 30, 2004, and publish a final rule by solicit data and comments from the designate critical habitat, will be September 30, 2005. Additional public on these draft documents at a available for public inspection, by background information is available in later date. We will also announce appointment, during normal business the October 12, 2004, proposal to hearing dates concurrently with the hours at the Arizona Ecological Services designate critical habitat. availability of the draft documents. Critical habitat identifies specific However, it is our intention to leave the Office (see ADDRESSES section). areas that are essential to the public comment period open and Authority conservation of a listed species and that uninterrupted until those documents are may require special management available for public consideration and The authority for this action is the considerations or protection. If the comment. We believe that allowing the Endangered Species Act of 1973 (16 proposed rule is made final, section 7 of comment period to expire before the full U.S.C. 1531 et seq.). set of supporting draft analytical the Act will prohibit adverse Dated: March 25, 2005. modification of critical habitat by any documents is available could result in activity funded, authorized, or carried hurried and incomplete comments on Craig Manson, out by any Federal agency. Federal our proposed rule and could also Assistant Secretary for Fish and Wildlife and agencies proposing actions affecting unnecessarily frustrate respondents. We Parks. areas designated as critical habitat must deem these considerations as sufficient [FR Doc. 05–6413 Filed 3–28–05; 3:51 pm] consult with us on the effects of their cause to extend the comment period. BILLING CODE 4310–55–P
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Notices Federal Register Vol. 70, No. 61
Thursday, March 31, 2005
This section of the FEDERAL REGISTER Description of Information Collection number of taps placed or anticipated for contains documents other than rules or Title: Report of Acreage for the the tapping season). NAP operates proposed rules that are applicable to the Noninsured Crop Disaster Assistance under the regulations at 7 CFR part public. Notices of hearings and investigations, 1437. committee meetings, agency decisions and Program (NAP). OMB Number: 0560–0004. Respondents: Producers. rulings, delegations of authority, filing of Estimated Annual Number of petitions and applications and agency Expiration Date: April 30, 2005. statements of organization and functions are Type of Request: Extension with Respondents: 437,250. examples of documents appearing in this revision. Estimated Annual Number of Forms section. Abstract: NAP provides financial per person: 1.5. assistance to producers who have Estimated Average Time to Respond: suffered a production loss of an eligible 1.25 hours. DEPARTMENT OF AGRICULTURE crop or were prevented from planting an Estimated Total Annual Burden eligible crop as a result of natural Hours: 601,219. Commodity Credit Corporation disasters. Eligible crops are commercial Comments are invited regarding (1) crops or other agricultural commodities Whether the collection of information is Farm Service Agency Information for which catastrophic risk protection necessary for the proper performance of Collection; Noninsured Crop Disaster under 7 U.S.C. 1508(b) is not available the functions of the agency, including Assistance Program and that are produced for food or fiber; whether the information will have and includes floricultural, ornamental practical utility; (2) the accuracy of the AGENCY: Commodity Credit Corporation nursery, and Christmas tree crops, agency’s estimate of burden, including and Farm Service Agency, USDA. turfgrass sod, seed crops, aquaculture the validity of the methodology and ACTION: Notice; request for comments. (including ornamental fish), sea grass assumption used: (3) ways to enhance and sea oats, and industrial crops. The the quality, utility and clarity of the SUMMARY: In accordance with the information collected for the information to be collected; and (4) Paperwork Reduction Act of 1995, the administration of NAP includes ways to minimize the burden of the Commodity Credit Corporation (CCC) identities of the crops and commodities collection of information on those who and the Farm Service Agency (FSA) are (including species, type, variety, etc.), are to respond, including through the seeking comments from all interested practices, intended uses, planting use of appropriate automated, individuals and organizations on the patterns, and predominant species of electronic, mechanical, or other extension of an approved information forage vegetation (including intended technological collection techniques or collection associated with the acreage method of harvest, i.e. mechanically other forms of information technology. report for the Noninsured Crop Disaster harvested or grazed); dates crops were All comments received in response to Assistance Program (NAP). This planted or planting was completed this notice, including names and information collection is needed to (including age of perennial crops); addresses when provided, will be a administer the program. number of acres of each planting of the matter of public record. Comments will eligible crop in which the producer has be summarized and included in the DATES: Comments on this notice must be submission for OMB approval. received on or before May 31, 2005 to a share in the administrative county; be assured consideration. Comments number of acres intended but prevented Signed in Washington, DC on March 25, 2005. received after that date will be from being planted; zero acres planted considered to the extent practicable. when the crop for which a NAP Thomas B. Hofeller, application for coverage was filed, is not Acting Administrator, Farm Service Agency ADDRESSES: Comments must be planted; and shares and identities of all and Executive Vice-President, Commodity addressed to Farm Service Agency, producers sharing in the crop at the Credit Corporation. USDA, Attn: John Newcomer, time a NAP application for coverage was [FR Doc. 05–6360 Filed 3–30–05; 8:45 am] Agriculture Program Specialist, NAPB/ filed. Finally, the information collected BILLING CODE 3410–05–P PECD, 1400 Independence Avenue, includes the FSA farm serial number or SW., Washington, DC 20250–0540. the location of commodities not Comments may be also submitted by e- necessarily associated with an FSA farm DEPARTMENT OF AGRICULTURE mail to: [email protected]. The serial number such as colonies of bees comments must also be sent to the Desk for honey production (including the Commodity Credit Corporation Officer for Agriculture, Office of number of colonies belonging to the Request for Revision and Extension of Information and Regulatory Affairs, unit); ponds and waterbeds for a Currently Approved Information Office of Management and Budget, production of aquaculture; ornamental Collection Washington, DC 20503. Comments must nursery (including the size and origin, include the OMB number and title of i.e. container or field grown, of plants AGENCY: Commodity Credit Corporation, the information collection. belonging to the unit); mushroom USDA. FOR FURTHER INFORMATION CONTACT: John facilities; turfgrass sod (including the ACTION: Notice and request for Newcomer, Agriculture Program average number of square yards per acre comments. Specialist, (202) 720–6157 and and all unharvested acres); and trees for [email protected]. maple sap production (including SUMMARY: In accordance with the number of eligible trees, average size Paperwork Reduction Act of 1995, this SUPPLEMENTARY INFORMATION: and age of producing trees, and total notice announces the intention of the
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Commodity Credit Corporation (CCC) to needed, and completing and reviewing part of this notice announces the request a revision and extension of a the collection of information. availability of assistance for claims currently approved information Respondents: Business and other for under TAP related to Orchardists and collection. This collection is necessary profit organizations. Forest Land Owners. The second part to support the procurement of Respondents: 2,030. proposes funding for special Tree agricultural commodities for CCC’s Estimated Number of Annual Assistance Program benefits with domestic and export food donation Responses per Respondent: 36,333. respect to Pecan Tree Producers. The programs. CCC issues invitations to Estimated Total Annual Burden on provisions in this notice for orchard and purchase or process commodities for Respondents: 6,356 hours. forest timber assistance are final. For food donation programs on a monthly, Proposed topics for comment include: pecan tree assistance, a period is multi-month, quarterly, and yearly (a) Whether the collection of allowed for comments since it is basis. Special invitations, however, are information is necessary for the proper proposed that ‘‘other appropriate issued throughout the month. performance of the functions of the activities’’ allowed for assistance would DATES: Comments on this notice must be agency, including whether the only include those related to pruning received on or before May 31, 2005 to information will have practical utility; and tree rehabilitation. This notice is be assured consideration. (b) the accuracy of the agency’s estimate intended to provide notice to those of burden including the validity of the ADDITIONAL INFORMATION OR COMMENTS: producers who may qualify for this Comments regarding this information methodology and assumptions used; (c) assistance, and provide conditions for collection requirement may be directed enhancing the quality, utility and clarity eligibility required by the Act under to Penny Carlson, Acting Chief, of the information collected; or (d) which it is funded. minimizing the burden of the collection Planning and Analysis Division, Kansas DATES: 1. Comments: For special City Commodity Office (KCCO), 6501 of the information on those who are to assistance for pecan tree producers, Beacon Drive, Kansas City, Missouri respond, including through the use of comments on this notice must be 64133–4676, telephone (816) 926–6509, appropriate automated, electronic, received by May 2, 2005. mechanical, or other technological fax (816) 926–1648; e-mail 2. Applications: Unless otherwise collection techniques or other forms of [email protected]. announced by the Farm Service Agency, information technology. Comments orchard and forest land assistance SUPPLEMENTARY INFORMATION: should be directed to the Office of applications may be submitted when Title: Offer Forms. Information and Regulatory Affairs of available from the local Farm Service OMB Number: 0560–0177. OMB, Attention: Desk Officer for USDA, Expiration Date: 9/30/2005. Agency office through April 14, 2005. Washington, DC 20503, and to Penny Type of Request: Revision and Carlson, Acting Chief, Planning and ADDRESSES: Interested persons are Extension of a currently approved Analysis Division, Kansas City invited to submit written comments information collection. Commodity Office, 9200 Ward Parkway, concerning the provisions in this notice Abstract: The United States donates for special assistance for pecan tree agricultural commodities domestically Kansas City, Missouri 64114, telephone (816) 926–6509, fax (816) 926–1648. producers. Comments should reference and overseas to meet famine or other the volume, date and page number of relief requirements, to combat All comments will become a matter of public record. this issue of the Federal Register. malnutrition, and sells or donates Comments may be submitted by any of Signed at Washington, DC, on March 25, commodities to promote economic the following methods: development. CCC issues invitations to 2005. E-Mail: Send comments to: purchase or sell agricultural Thomas B. Hofeller, [email protected]. commodities and services or use in Acting Executive Vice President, Commodity domestic and export programs. Vendors Credit Corporation. Fax: Submit comments by facsimile respond by making offers using various [FR Doc. 05–6362 Filed 3–30–05; 8:45 am] transmission to (202) 720–4941. CCC commodity offer forms. The Export BILLING CODE 3410–05–P Mail: Send comments the on the Offer forms and the KC–333, Annual special assistance for pecan tree Certification are prepared and received producers provisions in this notice to electronically through the Electronic DEPARTMENT OF AGRICULTURE Eloise Taylor, Chief, Compliance Bid Entry System (EBES). Most of the Branch, Production, Emergencies and Domestic Offer forms (KC–327) are Farm Service Agency Compliance Divisions, FSA/USDA, Stop prepared and received electronically 0517, 1400 Independence Avenue SW., through the Domestic Bid Entry System Commodity Credit Corporation Washington, DC 20250–0517. (DEBES) via the Internet. Vendors can Hand Delivery or Courier: Deliver Tree Assistance Program, Forest comments to 1400 Independence access EBES or DEBES on-line to see the Timber Program, Pecan Tree Program; date/time the system shows for receipt Avenue SW., Washington, DC 20250– Notice of Fund Availability and 0517, room 3645–S during normal of bid, bid modification, or bid Proposed Fund Availability cancellation. At bid opening date/time, business hours. the bids are system evaluated. AGENCY: Commodity Credit Corporation, Federal eRulemaking Portal: Go to Acceptance wires are sent to the Farm Service Agency, USDA. http://www.regulations.gov. Follow the successful offerors. Awarded contracts ACTIONS: Notice of fund availability and online instructions for submitting are posted on our Web site. proposed fund availability. comments. Estimate of Burden: Public reporting All comments and supporting burden for collecting information under SUMMARY: This document announces documents on this notice may be this notice is estimated to average 15– assistance under the Farm Service viewed by contacting the information 30 minutes per response, including the Agency’s Tree Assistance Program contact listed below. All comments time for reviewing instructions, (TAP) regulations in 7 CFR part 783 as received, including names and searching existing data sources, authorized by the Military Construction addresses, will become a matter of gathering and maintaining the data and Appropriations Act, 2005. The first public record.
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FOR FURTHER INFORMATION CONTACT: trees for commercial purposes) expand Further, because of the nature of the Helen Mathew, telephone (202) 720– eligibility but only for losses in the time relief, it has been determined under 5 9878. Persons with disabilities who period indicated and only with a dollar U.S.C. 808 to be contrary to the public require alternative means for limit, for the total claims under the interest to delay implementation of the communication (Braille, large print, forest land program, of $15 million. In pecan tree provisions pending audiotape, etc.) should contact USDA’s both cases, the losses must meet the Congressional review of regulations. TARGET Center at (202) 720–2600 criteria set out above and the additional Instead, upon the closure of the (voice and TDD). criteria of the existing regulations. comment period, claims will be handled SUPPLEMENTARY INFORMATION: Funding is provided from the as proposed subject to such Commodity Credit Corporation (CCC). modifications or extensions as the Background For orchardists, no limit is set on the Deputy Administrator may announce. The current TAP as codified in CCC funds that may be utilized for Further information will be available regulations in 7 CFR Part 783 was claims that otherwise fit the statutory from the relevant county offices of the authorized by section 10201 et seq of criteria of the 2004 Act, and other Farm Service Agency. the Farm Security and Rural Investment eligibility conditions. For claims of Set out below are the general Act of 2002 (Pub. L. 107–171, 7 U.S.C. forest land owners, as indicated, only conditions for these ‘‘programs’’ 8201 et seq.) (the 2002 Act), to assist $15 million is allowed. A rulemaking although they are in essence eligible orchardists, as defined in that exception is provided for the Section subprograms of the 2002 Act TAP. Act, to replant trees, bushes and vines 101 provisions in the 2004 Act by Basically, all of the normal 2002 Act grown for the production of an annual Section 101(g) of Division B. TAP limitations apply. Under TAP regulations, as published, claims are crop but lost due to a natural disaster. In addition, Section 111 of Division B limited to the lesser of the established Orchardists are defined in the 2002 Act of the 2004 Act sets out special practice rates or 75 percent of the actual to be persons who produce annual crops provisions with respect to pecan trees. costs for eligible replantings, and from trees for commercial purposes. That section provides that ‘‘in addition reimbursement cannot exceed the However, the 2002 Act did not provide to amounts provided in this Act for the reasonable cost of the replantings as TAP funding and the 2002 Act TAP has tree assistance program, $8,500,000, determined by FSA. These same been operated only to the extent that shall be made available to the Secretary standards will be applied to the special funding has been provided for limited of Agriculture, to remain available until pecan tree provisions in this notice. purposes in subsequent legislation. expended, to provide assistance under Also, the special pecan tree provisions Regulations governing the 2002 Act TAP the tree assistance program * * * to will be subject to a 75 percent were published at 69 FR 9744, March 2, pecan tree producers in counties reimbursement rate and cannot exceed 2004. Enactments funding the 2002 Act declared a disaster by the President of the reasonable cost of the work TAP have included the Consolidated the United States who suffered tree loss performed as estimated by FSA. Appropriations Act, 2004 (Pub. L. 108– or damage due to damaging weather Additional specifications are set out 199) (for certain losses to fruit trees due related to any hurricane or tropical below and, as indicated, comment is to wild fires in California and an ice storm of the 2004 hurricane season: requested on the provisions that deal storm in New York), and the Emergency Provided, that the funds made available with pecan tree. Supplemental Appropriations Act, 2003 under this section shall also be made As noted below, reference is made to (Pub. L. 108–83) (for certain fire blight available to cover costs associated with payments made under a special program losses in Michigan). Notice of the pruning, rehabilitation, and other operated for 2004 hurricane losses availability of funds and limitations appropriate activities as determined by under Section 32 of the Act of August related to those enactments were the Secretary.’’ Section 105 of Division 24, 1935. In relation to those payments provided in notices, like this one, B provides that the funds and facilities and this notice, there is a difference in published in the Federal Register (69 of the CCC be used to carry out Sections treatment for, on the one hand, the FR 11584, March 11, 2004; 69 FR 20589, 101 and 111. Because of the language of orchard claims and the forest land April 16, 2004; 69 FR 29686, May 25, Section 111 and because the pecan tree claims, and on the other, the special 2004). provisions go beyond the normal cost- pecan tree provisions. That difference This notice announces assistance coverage of the 2002 Act TAP, it has comes from the legislation. Basically, a under the 2002 Act TAP, as provided for been determined to be in the public person who received Section 32 monies in section 101 of Division B of the interest to seek comments on these under the hurricane program, for any Military Construction, Appropriations special pecan tree provisions. It has purpose, cannot receive orchard or and Emergency Hurricane Supplemental been determined however, subject to forest land claims under this notice. For Appropriations Act, 2005 (Pub. L. 108– comment, that since the pecan tree pecan tree producers under the special 324, 118 Stat. 1220, October 13, 2004) funding is to be in addition to that pecan tree provisions, that (the 2004 Act). The 2004 Act provides provided elsewhere, actual tree losses in disqualification will only apply if the for making TAP assistance available for the period covered in Section 101 will Section 32 payment was for the same eligible orchardists and for eligible be considered under Section 101. loss. Accordingly, and subject to forest land owners (who must, under the However, FSA has determined, subject comment with respect to the pecan tree 2004 Act, produce periodic crops of to comment, that ‘‘other appropriate provisions, notice is given of the timber from trees for commercial activities’’ will be limited to those availability of limited 2002 Act TAP purposes) for losses that occurred in the related to pruning and rehabilitation, benefits as follows: period beginning December 1, 2003, and given the nature of the enactment, and ending December 31, 2004. The 2002 that the normal qualifying loss rules and I. Application Process Act itself provides, normally, where reimbursement limits apply since the No payment may be made except there is funding made available, for the pecan tree provisions have been upon a timely application for payment claims of orchardists. The provisions included as part of the tree assistance as provided for in this notice. Producers regarding forest land owners (who program. However, claimants can wishing to receive benefits under any of produce periodic crops of timber from petition for inclusion of other claims. these programs must submit an
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application to FSA at their local FSA (6) No claim may be paid under this regulations for replantings of lost trees, Service Center during the signup period notice except for losses related to a claims may be made under this notice by, with respect to the relief for natural disaster. for losses that were due to natural orchardists and forest land owners, (7) Definitions and terms of the 2002 disasters and that occurred in the period April 14, 2005, and for pecan producers Act TAP will govern on qualifying beginning December 1, 2003, and seeking compensation under the special natural disasters subject to other ending December 31, 2004, for pecan provisions by the Date announced conditions in the 2004 Act and this replantings that otherwise qualify for by the Deputy Administrator for Farm notice. assistance under the 2002 Act TAP Programs of the Farm Service Agency (b) Prohibition on duplicate regulations and the provisions of this (‘‘Deputy Administrator’’). With respect payments. Producers who receive notice. to the special pecan provisions, to be payments under any other program for (e) Eligible dates for forest land assured of consideration an application the same loss are not eligible for owners. For eligible forest land owners, for assistance must be submitted by May payment under this program. For claims that would otherwise qualify 31, 2005. Dates may be extended by example: under the existing TAP regulations may announcement of the Deputy (1) Producers who received payment be paid under this notice for losses due Administrator. Applications for for specific procedures under the FSA to natural disasters that occurred in the assistance will be available at local FSA Emergency Conservation Program (ECP) period beginning December 1, 2003, and Service Centers. provided for in 7 CFR part 701 are not ending December 31, 2004, for eligible for payments for the same replantings that otherwise qualify under II. Eligibility Provisions procedures under the 2002 Act TAP and the 2002 Act TAP regulations and the (a) Limitations. The payment this notice. provisions of this notice. limitations and other conditions for (2) Producers who receive payments (1) Total claims by all claimants eligibility provided for in 7 CFR part for timber losses under any program under this paragraph shall not exceed 783 shall apply as shall any other administered by the Forest Service, $15 million and shall be made using the conditions for payment as the Deputy either authorized by the 2004 Act or funds of the Commodity Credit Administrator may deem appropriate in otherwise, are not eligible for payments Corporation. If eligible claims exceed implementing these programs. on the same losses under TAP and this available funds, then either the notice. proration provisions of 7 CFR 783.6(g) (1) Persons receiving benefits at any (3) Orchardists and forest land owners time under the 2002 Act TAP program will apply or some other method of who received payments of any kind for adjusting claims shall be established by and its subprograms cannot receive a any loss, tree related or not, under total payment over time, irrespective of the Deputy Administrator. Section 32 of the Act of August 24, (2) Forest land owners need not be the year, of more than $75,000 or its 1935, with respect to 2004 hurricane ‘‘orchardists’’ as defined in the 2002 Act equivalent (counting in the value in the losses are not eligible for a TAP TAP regulations. However, to be case of provided seedlings). Thus for payment under this notice. eligible, forest land owners must example, to the extent that a person has (4) Claims under the pecan tree produce periodic crops of timber from already received funds under the 2002 provisions at paragraph (f) of this trees for commercial purposes. Act TAP for fire blight losses in section may be allowed despite a Compensation may only be for losses Michigan those payments will reduce payment being received by the same that were due to natural disasters and that person’s eligibility under this producer under the Section 32 program that occurred in the period beginning notice for further 2002 Act TAP program so long as the payment was not for the December 1, 2003 and ending December payments. same loss. However, pecan tree claims 31, 2004. (2) All payments under this notice are made under the orchard provision (the (f) Pecan tree assistance. Funds may subject to the availability of funds, and normal TAP provisions of Section 101 be paid under this notice to eligible the percentage limitation on of Division B of the 2004 Act), will not pecan tree producers in counties reimbursable costs provided for in the be eligible for payment, as applies to declared a disaster by the President who 2002 Act TAP regulations or in this other orchardists, as provided in produced pecan trees for commercial notice. paragraph (3) of this section, with use and suffered tree loss or damage due (3) No person can receive program respect to 2004 hurricane losses. to damaging weather related to any benefits on more than 500 acres over the (c) Additional restrictions. All of the hurricane or tropical storm of the 2004 life of the 2002 TAP provisions. Thus, normal 2002 Act TAP restrictions apply. hurricane seasons. for example, if a person received 2002 Thus, the highly erodible land (1) Funds under paragraph (f) are TAP benefits on 500 fire blight acres in conservation and wetland conservation limited to $8.5 million from funds of the the Michigan subprogram, that person rules in 7 CFR part 12, the controlled Commodity Credit Corporation. If would not be eligible for payments substance rules in 7 CFR part 718, and eligible claims exceed available funds, under this notice. the mortality requirements of § 783.6(g) of 7 CFR part 783 will apply (4) A ‘‘Person’’ shall be as defined in § 783.4(a)(2) of 7 CFR part 783 apply to unless some other method of adjusting 7 CFR part 1400. this notice as indicated above and as claims is provided for by the Deputy (5) As provided in the 2002 Act, modified with respect to the special Administrator. Persons submitting claims relating to tree losses are pecan tree provisions. Additional limits claims under the special provisions for coverable only to the extent that the loss apply as are, or may be, provided for by pecan trees in this paragraph may exceeds 15% after taking into account regulation or by the Deputy petition for additional coverage of normal mortality. In the case of pecan Administrator acting under those claims that they believe meet the trees and the allowances for pruning regulations. statutory criteria set out above. and rehabilitation, costs may only be (d) Eligible dates for orchardists. For (2) Funds may be used to cover costs paid to the extent that the expenses are eligible orchardists, as defined in the associated with pruning, rehabilitation for damage to trees where the damage is 2002 Act TAP regulations, who and related costs. greater than 15% taking into account otherwise meet the existing eligibility (3) To be eligible, the producer and normal tree damage. criteria in the existing 2002 Act TAP the loss must otherwise meet the
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eligibility criteria for orchardists in the Signed in Washington, DC, March 25, qualified persons to sample, inspect, TAP regulations at 7 CFR part 783, and 2005. weigh, and grade agricultural products. the other limitations set out in this Thomas B. Hofeller, USDA is also authorized to issue notice, except as specified in this notice. Acting Administrator, Farm Service Agency. regulations which govern the establishment and maintenance of (4) The Deputy Administrator may [FR Doc. 05–6364 Filed 3–30–05; 8:45 am] electronic systems under which allow exceptions to procedures BILLING CODE 3410–05–P electronic documents including title regarding the special pecan tree documents related to the shipment, provisions of this paragraph II.(f) of this DEPARTMENT OF AGRICULTURE payment and financing may be issued or notice as may be determined transferred for any agricultural product. appropriate based on comments Farm Service Agency The USWA licenses over 50 percent of received on this notice. all commercial grain and cotton (5) Payments for tree damage may Notice of Request for Extension of a warehouse capacities in the United Currently Approved Information only be made for tree damage which States. Collection: United States Warehouse exceeds more than 15%, after The information collected under OMB Act accounting for normal tree damage. Number 0560–0120, as identified above, AGENCY: Farm Service Agency, USDA. allows FSA to effectively administer the (6) Persons receiving payment cannot regulations, licensing and electronic ACTION: Notice and request for exceed the higher of 75% of the actual provider agreements and related comments. amount spent on the eligible losses by reporting and recordkeeping the claimant for eligible damage or the SUMMARY: In accordance with the requirements under the USWA. USWA reasonable cost, as determined by the Paperwork Reduction Act of 1995, this activities are administered by the FSA Farm Service Agency, of the measures notice announces the Farm Service and also encompass examination of undertaken on the eligible damage. Agency’s (FSA) intention to request an warehouses operated under the ‘‘Eligible damage’’ means the damage in extension from the Office of Standards for Approval of Warehouses excess of the qualifying amount. Management and Budget (OMB) for an Under the Commodity Credit Corporation (CCC) Charter Act. III. Appeals information collection process currently in effect with respect to regulations, Although there are several types of Any person who is dissatisfied with a licensing and electronic provider warehouses covered by USWA and CCC determination made with respect to agreements issued under the United functions, the reporting requirements these programs may make a request for States Warehouse Act (USWA). for a particular type of warehouse are reconsideration or appeal of such DATES: Comments must be received on essentially the same. With some exceptions, the same forms are used for determination in accordance with the or before May 31, 2005 to be assured both USWA licensing and CCC regulations set forth in 7 CFR parts 11 consideration. Comments may be purposes. These forms are furnished to and 780. A reserve may be created to submitted by mail, fax, e-mail or Internet to the applicable address below. interested warehouse operators or used handle claims to payments that extend by warehouse examiners employed by ADDRESSES: Comments should be sent to beyond the conclusion of the FSA to secure and record information Roger Hinkle, USWA Program Manager, application period, but claims shall not about the warehouse operator and the Warehouse and Inventory Division, be payable once the available funding is warehouse. The general purpose of the Farm Service Agency (FSA), United expended. forms are identical, i.e., to provide those States Department of Agriculture, STOP charged with issuing licenses under the IV. Paperwork Reduction Act 0553, 1400 Independence Avenue, SW., USWA or executing contracts for CCC Washington, DC 20250–0553, telephone with a basis to determine whether the The information collections (202) 720–7433, FAX (202) 690–1323, e- warehouse and the warehouse operator associated with TAP have been mail address, [email protected]. meet application standards to receive a approved by the Office of Management Persons with disabilities who require license or contract, and to determine and Budget (OMB) under 5 CFR alternative means for communication of compliance once the license is issued or 1320.13(a)(2)(iii) and were assigned regulatory information (Braille, large the contract approved. OMB control number 0560–0247. print, audiotape, etc.) should contact Estimate of Burden: Public reporting USDA’s TARGET Center at (202) 720– V. Environmental Review burden for this information collection is 2600 (voice and TDD). estimated to average 0.41 hours per The environmental impacts of this FOR FURTHER INFORMATION CONTACT: response. rule have been considered consistent Roger Hinkle, (202) 720–8433 or e-mail Respondents: Warehouse operators with the provisions of the National [email protected]. and electronic providers. Environmental Policy Act of 1969 SUPPLEMENTARY INFORMATION: Estimated Number of Respondents: (NEPA), 42 U.S.C. 4321 et seq., the Title: United States Warehouse Act. 4,000. regulations of the Council on OMB Control Number: 0560–0120. Estimated Number of Responses Per Environmental Quality (40 CFR parts Expiration Date of Approval: August Respondent: 1 or on occasion. 1500–1508), and the FSA regulations for 31, 2005. Estimated Total Annual Responses: compliance with NEPA, 7 CFR part 799. Type of Request: Extension of a 25,613. FSA has initiated the completion of an Currently Approved Information Estimated Total Annual Burden on environmental assessment (EA) to Collection Respondents: 10,516 Hours. Abstract: The USWA authorizes the Comments are invited on these determine the potential impacts of this Secretary of Agriculture to license requirements including: (a) Whether the action upon the human and natural public warehouse operators that are in proposed collection of information is environments. A copy of the draft EA the business of storing agricultural necessary for the proper performance of will be made available to the public products; to examine such federally- the functions of the agency, including upon its completion. licensed warehouses; and to license whether the information will have
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practical utility; (b) the accuracy of the should also be sent to the Desk Officer be summarized and included in the agency’s estimate of the burden of the for Agriculture, Office of Information submission for Office of Management collection of information including the and Regulatory Affairs, Office of and Budget Approval. validity of the methodology and Management and Budget, Washington, Signed at Washington, DC, on March 25, assumptions used; (c) ways to enhance DC 20503. 2005. the quality, utility, and clarity of the Comments also may be submitted by Thomas B. Hofeller, information technology; or (d) ways to e-mail to: [email protected]. Acting Administrator, Farm Service Agency. minimize the burden of the information FOR FURTHER INFORMATION CONTACT: [FR Doc. 05–6363 Filed 3–30–05; 8:45 am] collection on those who are to respond Alison Groenwoldt, Agricultural BILLING CODE 3410–05–P (such as through the use of appropriate Program Specialist, (202) 720–4213 and automated, electronic, mechanical, or [email protected]. other technological collection SUPPLEMENTARY INFORMATION: DEPARTMENT OF AGRICULTURE techniques) or other forms of information technology; e.g., permitting Description of Information Collection Food and Nutrition Service electronic submission response. The Title: Transfer of Farm Records information collection package may be Between Counties. Agency Information Collection obtained from Roger Hinkle, at the OMB Control Number: 0560–NEW. Activities: Proposed Collection; address listed below. Comments should Type of Request: New. Comment Request; Form FNS–674, be sent to the Desk Officer for Abstract: Farm owners or operators Computer System Access Request Agriculture, Office of Information and may elect to transfer farm records Regulatory Affairs, OMB, Washington, AGENCY: Food and Nutrition Service, between counties when the principal USDA. DC 20503, and to Roger Hinkle, USWA dwelling of the farm operator has Program Manager, Warehouse and changed, a change has occurred in the ACTION: Notice. Inventory Division, FSA, USDA, STOP operation of the land, or there has been SUMMARY: In accordance with the 0553, 1400 Independence Avenue, SW., a change that would cause the receiving Paperwork Reduction Act of 1995, this Washington, DC 20250–0553. administrative county office to be more notice invites the general public and Comments received in response to accessible such as a new highway, other public agencies to comment on this notice will be made a matter of relocation of the county office building proposed information collections. The public record. Comments will be site, etc. The transfer of farm records is FNS–674 Form is a standard form used summarized and included in the also required when an FSA county by the Food and Nutrition Service (FNS) submission for approval by OMB. office closes. The FSA County to collect information necessary to grant Signed in Washington, DC on March 25, Committees from both the transferring access to FNS computer systems. The 2005. and receiving county must approve or collected data will be used to identify Thomas B. Hofeller, disapprove all proposed farm transfers. all users granted access to FNS internal Administrator, Farm Service Agency. In some cases, the State Committee and/ systems as required by USDA and FNS [FR Doc. 05–6361 Filed 3–30–05; 8:45 am] or the National Office must also approve Security Policy. BILLING CODE 3410–05–P or disapprove proposed farm transfers. Estimate of Burden: Average 10 DATES: Comments on this notice must be minutes per response. received by May 31, 2005. DEPARTMENT OF AGRICULTURE Type of Respondents: Owners and ADDRESSES: Comments are invited on (a) operators. whether the proposed collection of Farm Service Agency Estimated Number of Respondents: information is necessary for the proper performance of the functions of the Information Collection; Transfer of 25,000. agency, including whether the Farm Records Between Counties Estimated Number of Responses per Respondents: 1. information has practical utility; (b) the AGENCY: Farm Service Agency, USDA. Estimated Total Annual Burden on accuracy of the agency’s estimate of the ACTION: Notice; request for comments. Respondents: 2,500 hours. burden of the proposed collection of Comment is invited on: (1) Whether information, including the validity of SUMMARY: In accordance with the the proposed collection of information the methodology and assumptions used; Paperwork Reduction Act of 1995, the is necessary for the proper performance (c) ways to enhance the quality, utility, Farm Service Agency (FSA) is seeking of the functions of the agency, including and clarity of the information to be comments from interested individuals whether the information will have collected; (d) ways to minimize the and organizations on a new information practical utility; (2) the accuracy of the burden of the collection of information collection associated with transferring agency’s estimate of the burden of the on those who are to respond, including of farm records from one administrative proposed collection of information, the use of appropriate automated, county office to another. including the validity of the electronic, mechanical, or other DATES: Comments on this notice must be methodology and assumptions used; (3) technological collection techniques or received on or before May 31, 2005 to ways to enhance the quality, utility and other forms of information technology. be assured consideration. Comments clarity of the information from those Comments may be sent to Juanita received after that date will be who are to respond, including the use Makuta, Information Systems Security considered to the extent practicable. of appropriate automated, electronic, Officer, Information Technology ADDRESSES: Comments concerning this mechanical, or other technological Division, Food and Nutrition Service, U. notice should be addressed to Farm collection techniques or other forms of S. Department of Agriculture, 3101 Park Service Agency, USDA, Attn: Alison information technology. Center Drive, Alexandria, VA 22302. Groenwoldt, Agricultural Program All comments received in response to All responses to this notice will be Specialist, Common Provisions Branch, this notice, including names and summarized and included in the request 1400 Independence Ave, SW. addresses when provided, will be a for OMB approval. All comments will Washington, DC 20250. Comments matter of public record. Comments will also become a matter of public record.
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FOR FURTHER INFORMATION CONTACT: Total annual record keeping hours— Dated: March 21, 2005. Requests for additional information or 166.5. Richard Van Klaveren, copies of the FNS–674 form and Total annual reporting and record State Conservationist. instructions should be directed to: keeping hours—999.5. [FR Doc. 05–6366 Filed 3–30–05; 8:45 am] Juanita Makuta, (703) 305–2241. BILLING CODE 3410–16–M Dated: March 24, 2005. SUPPLEMENTARY INFORMATION: Title: FNS Computer System Access Jerome A. Lindsay, Request, Form FNS–674. Acting Administrator. DEPARTMENT OF COMMERCE OMB Number: 0584–NEW. [FR Doc. 05–6330 Filed 3–30–05; 8:45 am] Expiration Date: Not Yet Determined. BILLING CODE 3410–30–P Office of the Secretary Type of Request: New Collection. Abstract: The Office of Management Strengthening America’s Communities and Budget Circular No. A–130, DEPARTMENT OF AGRICULTURE Advisory Committee Appendix III Revised, dated February 8, AGENCY: Office of the Secretary, 1996, requires that the information be Natural Resources Conservation Department of Commerce collected. The FNS Computer System Service Access Request Form, FNS–674, is ACTION: Reopening of nomination period. designed for use in all situations where Notice of Proposed Changes to access to an FNS computer system is Section 4 of the Iowa State Technical SUMMARY: On March 1, 2005, the required, where current access is Guide Department of Commerce (the required to be modified, or where access ‘‘Department’’) published a notice in the is no longer required and must be AGENCY: Natural Resources Federal Register (70 FR 9916) deleted. Users who access FNS systems Conservation Service (NRCS), U.S. announcing the formation of the are: State agencies, other Federal Department of Agriculture. Strengthening America’s Communities agencies, and FNS Regional Office, FNS Advisory Committee (the ‘‘Committee’’) ACTION: Notice of availability of Field Office and FNS Compliance Office and soliciting nominations for persons proposed changes in the Iowa NRCS users. to serve on the Committee. The March State Technical Guide for review and In State agencies, the State 1, 2005 notice provides that all comment. Coordinators provide a liaison between nominations of potential members must the State agency and the Deputy be received by the Department no later Regional Information Systems Security SUMMARY: It has been determined by the than 4 p.m. (EST) on March 11, 2005. Officers (DRISSO), in the FNS Regional NRCS State Conservationist for Iowa The March 1, 2005 notice also provides Offices, and the Information Systems that changes must be made in the NRCS additional information concerning the Security Office in FNS Headquarters. State Technical Guide specifically in Committee and membership on the The State Coordinator is responsible for Section 4, Practice Standards and Committee. On March 11, 2005, the ensuring that State users and entities Specifications #328, Conservation Crop Department published a notice in the comply with the FNS Information Rotation; #330, Contour Farming; and Federal Register (70 FR 12180) Systems Security Policy Handbook 701 #332, Contour Buffer Strips, to account extending the deadline for submitting and the FNS Information Systems for improved technology. These nominations of potential members until Security Standards and Procedures practices can be used in systems that 4 p.m. (EST) on March 25, 2005. This Handbook 702 developed for State treat highly erodible land. notice reopens the nomination period systems and that they maintain proper DATES: Comments will be received for a from 4:01 p.m. (EST) on March 25, 2005 controls over FNS security features used 30-day period commencing with this until 4 p.m. (EST) on April 1, 2005, in by State clients. date of publication. order to provide the public with a final The DRISSOs act on behalf of the opportunity to submit nominations. Headquarters Information Systems FOR FURTHER INFORMATION CONTACT: Other than extending the deadline for Security Office to ensure that Regional, Richard Van Klaveren, State submitting nominations, the evaluation Field Office, and Compliance Office Conservationist, Natural Resources criteria for selecting members and the users comply with FNS handbook Conservation Service, Federal Building, specific instructions for submitting security policies developed for the 210 Walnut Street, Suite 693, Des nominations contained in the March 1, regional environment. Moines, Iowa 50309; at (515) 284–6655; 2005 notice shall continue to apply. Affected Public: FNS Headquarters, fax (515) 284–4394. DATES: The Department will accept FNS Regional, Field Office and SUPPLEMENTARY INFORMATION: Section nominations received between 4:01 p.m. Compliance Office users, State agencies, 343 of the Federal Agriculture (EST) on March 25, 2005 and 4 p.m. other Federal agencies, and Trust Improvement and Reform Act of 1996 (EST) on April 1, 2005. Nomination Territories. materials received after 4 p.m. (EST) on Estimated Number of Respondents: states that revisions made after April 1, 2005 will not be accepted. 5,000 (includes the 50 States and Trust enactment of the law to NRCS State Please note that nominations previously Territories). technical guides used to carry out submitted at any time prior to the date Estimate of Burden: highly erodible land and wetland Number of responses per provisions of the law shall be made of this notice (including those submitted respondent—One. available for public review and after 4:01 p.m. (EST) on March 25, 2005) Estimated total annual responses— comment. For the next 30 days the should not be resubmitted. 5000. NRCS will receive comments relative to ADDRESSES: Nominations of potential Hours per response—.16666. the proposed changes. Following that members may be submitted by (i) postal Total annual reporting burden—833.3. period a determination will be made by mail, (ii) facsimile, or (iii) e-mail. Please Number of record keepers—5000. the NRCS regarding disposition of those submit nominations by postal mail to Estimated annual hours per record comments and a final determination of David A. Sampson, Assistant Secretary keeper—.03333. change will be made. for Economic Development, Economic
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Development Administration, including the private sector, state, local with respect to the subject matter of the Department of Commerce, Room 7800, and tribal government officials, record. (5) To the Department of Justice 1401 Constitution Avenue, NW., community-based organizations, in connection with determining whether Washington, DC 20230. Nominations academia and the research community. disclosure is of the record is required may be submitted via facsimile to (202) Nominees should possess an extensive under the Freedom of Information Act. 273–4723; all facsimiles should be knowledge of, and background in, the Collection of this information, addressed to the attention of Assistant fields of rural or urban economic or including your Social Security number Secretary for Economic Development community development. Nominees is voluntary but failure to furnish it will David A. Sampson. E-mail submissions should also possess recognized result in your application not being must be addressed to [email protected] development policy expertise and considered. Collection of your Social and should include all nomination excellent leadership, communication Security number is authorized under materials (including attachments) in a and organizational skills. The Executive Order No. 9397. The single transmission. The Department evaluation criteria for selecting Department will use this number to strongly encourages applicants to members and the specific instructions distinguish you from other members of submit nominations by facsimile or e- for submitting nominations contained in the public who may have the same or mail. Nominations sent by postal mail the March 1, 2005 notice shall continue similar name. may be suspended or substantially to apply. Additional information on the Dated: March 29, 2005. delayed in delivery, since all postal mail Initiative is available on the David A. Sampson, sent to the Department is subject to Department’s Web site at http:// Assistant Secretary for Economic extensive security screening. www.commerce.gov/SACI/index.htm. Development. FOR FURTHER INFORMATION CONTACT: The Privacy Act [FR Doc. 05–6512 Filed 3–30–05; 8:45 am] Office of Chief Counsel, Economic Section 301 of Title 5 United States BILLING CODE 3510–24–P Development Administration, Code and 15 CFR Part 4, Subpart B Department of Commerce, Room 7005, authorize and govern collection of this DEPARTMENT OF COMMERCE 1401 Constitution Avenue, NW., information. The primary use of this Washington, DC 20230, telephone (202) information is to allow officials of the Office of the Secretary 482–4687. Department and its operating units to SUPPLEMENTARY INFORMATION: On review applications and to conduct Strengthening America’s Communities February 3, 2005, the Secretary of vetting of applicants to make decisions Advisory Committee Commerce (the ‘‘Secretary’’) and the concerning the nomination or re- Secretary of Housing and Urban nomination of candidates for AGENCY: Office of the Secretary, Development jointly announced the membership on the Committee. Records Department of Commerce. President’s Strengthening America’s may be disclosed under the following ACTION: Notice of open meeting. Communities Initiative (the routine use circumstances: (1) To any ‘‘Initiative’’). The Initiative proposes to SUMMARY: The Strengthening America’s Federal, state, or local agency Communities Advisory Committee (the transfer and consolidate 18 Federal maintaining civil, criminal, or other economic and community development ‘‘Committee’’) will hold its first meeting relevant enforcement information, if on April 15, 2005 in Fresno, California. programs from the Departments of necessary to obtain information relevant Agriculture, Commerce, Health and At this meeting, the Committee will to a Department decision concerning the discuss topics relating to the successful Human Services, Housing and Urban assignment, hiring, or retention of an Development and Treasury within the implementation of the President’s individual; the issuance of a security Strengthening America’s Communities Department, ultimately comprising a clearance; the letting of a contract; or Initiative (the ‘‘Initiative’’). The $3.71 billion unified grant program. the issuance of a license, grant, or objectives and duties of the Committee On February 9, 2005, the President’s benefit. (2) To any Federal, state, local, are to provide advice and Domestic Policy Council requested the or foreign agency charged with the recommendations to the Secretary of Secretary to form the Committee. The responsibility of investigating or Commerce (the ‘‘Secretary’’), and to objectives and duties of the Committee prosecuting any violation or potential develop a comprehensive written report will be to provide advice and violation of law or contract, whether of policy parameters to assist in recommendations to the Secretary, and civil, criminal, or regulatory in nature, implementing the Initiative, including to develop a comprehensive written and whether arising by general statute advising on its legislation, regulations report of policy parameters to assist in or particular program statute or contract, and other guidance. implementing the Initiative, including rule, regulation, or order, to protect the advising on its legislation, regulations interests of the Department. (3) To any DATES: Friday, April 15, 2005; beginning and other guidance. The Committee’s Federal, state, local, or international at approximately 9 a.m. (p.s.t.) and report will encompass all aspects of the agency, in response to its request, in ending at approximately 4 p.m. (p.s.t.). envisioned Initiative, including policy connection with the assignment, hiring, ADDRESSES: The meeting will take place findings and declarations, or retention of an individual, the at Fresno City Hall, City Council organizational structure, eligibility, issuance of a security clearance, the Chamber Room, 2600 Fresno Street, program delivery, monitoring and reporting of an investigation of an Fresno, California 93721–3600. Requests performance measures. The Committee individual, the letting of a contract, or for sign language interpretation and is expected to deliver its report to the any other benefit of the requesting other auxiliary aids must be transmitted Secretary by May 31, 2005. Thereafter, agency, to the extent that the by facsimile or e-mail to the contact the Committee may be asked to advise information is relevant and necessary to person listed below no later than April the Secretary on additional issues the requesting agency’s decisions on the 5, 2005. relating to the Initiative. matter. (4) To a Member of Congress FOR FURTHER INFORMATION CONTACT: Mr. The Committee is intended to have a submitting a request involving an Jedd Vertman, Attorney Advisor, balanced membership from diverse individual when the individual has Economic Development Administration, backgrounds and geographical regions, requested assistance from the Member Department of Commerce, Room 7005,
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1401 Constitution Avenue, NW., SUMMARY: In response to a request from Aquatic indeed made no exports of Washington, DC 20230, telephone (202) Qingdao Jinyongxiang Aquatic Foods subject merchandise during the POR. 482–4687, facsimile (202) 482–5671, e- Co., Ltd., the Department of Commerce On February 9, 2005, the Department mail: [email protected]. Please note initiated an administrative review of the issued a letter to JYX Aquatic stating its that any correspondence sent by regular antidumping duty order on freshwater intention to rescind the review with mail may be substantially delayed or crawfish tail meat from the People’s respect to JYX Aquatic because it did suspended in delivery, since all regular Republic of China for exports of subject not export subject merchandise to the mail sent to the Department is subject to merchandise by Qingdao Jinyongxiang United States during the POR. In its extensive security screening. For Aquatic Foods Co., Ltd. The period of comments filed on February 22, 2005, information about the Initiative, please review is September 1, 2003, through JYX Aquatic agreed that it had made no visit the Department of Commerce’s (the August 31, 2004. The Department of U.S. sales during the POR and the ‘‘Department’s’’) Web site at http:// Commerce is now rescinding the Department should rescind the review www.commerce.gov/SACI/index.htm. administrative review with respect to with respect to JYX Aquatic. On SUPPLEMENTARY INFORMATION: The Qingdao Jinyongxiang Aquatic Foods February 25, 2005, the Crawfish meeting will be open to the public and Co., Ltd. because Qingdao Jinyongxiang Processors Alliance (‘‘Petitioner’’) filed seating will be available, but may be Aquatic Foods Co., Ltd. made no rebuttal comments. In its comments, limited. Reservations are not accepted. exports of subject merchandise into the Petitioner asserts that the review with The prospective agenda for the United States during the period of respect to JYX Aquatic should be Committee meeting is as follows: review. rescinded for lack of a qualifying sale during the POR. Agenda EFFECTIVE DATE: March 31, 2005. FOR FURTHER INFORMATION CONTACT: Scot Scope of the Order 1. Opening remarks and Fullerton or Benjamin Kong, AD/CVD introductions. The product covered by this 2. General discussion of the Initiative Operations, Office 9, Import antidumping duty order is freshwater and the operations of, and the issues to Administration, International Trade crawfish tail meat, in all its forms be addressed by, the Committee. Administration, U.S. Department of (whether washed or with fat on, 3. Assignments of members to Commerce, 14th Street and Constitution whether purged or unpurged), grades, subcommittees. Avenue, NW, Washington, DC 20230; and sizes; whether frozen, fresh, or 4. Working lunch & subcommittee telephone: (202) 482–1386 and (202) chilled; and regardless of how it is break-out sessions. The lunch and 482–7907, respectively. packed, preserved, or prepared. subcommittee sessions will run SUPPLEMENTARY INFORMATION: Excluded from the scope of the order are live crawfish and other whole crawfish, concurrently and are expected to last Background approximately three hours. whether boiled, frozen, fresh, or chilled. Subcommittee sessions are not open to On September 27, 2004, Qingdao Also excluded are saltwater crawfish of the public. Jinyongxiang Aquatic Foods Co., Ltd. any type, and parts thereof. Freshwater 5. The full Committee will convene to (‘‘JYX Aquatic’’) requested an crawfish tail meat is currently discuss a summary of the individual administrative review of the classifiable in the Harmonized Tariff subcommittee sessions. antidumping duty order on freshwater Schedule of the United States (HTS) This agenda is subject to change and crawfish tail meat from the People’s under item numbers 1605.40.10.10 and a copy of the agenda will be made Republic of China (‘‘PRC’’) for subject 1605.40.10.90, which are the new HTS available to the public the morning of merchandise exported during the period numbers for prepared foodstuffs, the Committee meeting. Members of the September 1, 2003, through August 31, indicating peeled crawfish tail meat and public may submit written statements to 2004. On October 22, 2004, the other, as introduced by the U.S. the Committee by submitting them to Department of Commerce (‘‘the Customs Service in 2000, and HTS the contact person listed above at any Department’’) initiated an items 0306.19.00.10 and 0306.29.00, time before or after the Committee administrative review of the which are reserved for fish and meeting. antidumping duty order on freshwater crustaceans in general. The HTS crawfish tail meat from the PRC with Dated: March 28, 2005. subheadings are provided for respect to, among other companies, JYX David A. Sampson, convenience and customs purposes Aquatic. See Initiation of Antidumping only. The written description of the Assistant Secretary for Economic and Countervailing Duty Administrative Development, Economic Development scope of this order is dispositive. Administration. Reviews, 69 FR 62022 (October 22, 2004). Rescission of Review [FR Doc. 05–6395 Filed 3–30–05; 8:45 am] On October 29, 2004, the Department We find it appropriate to rescind the BILLING CODE 3510–24–P issued its antidumping questionnaire to review with respect to JYX Aquatic as JYX Aquatic. On December 13, 2004, it made no qualifying sales during the DEPARTMENT OF COMMERCE Qingdao Jinyongxiang Trade Co., Ltd. POR. Pursuant to 19 CFR 351.213(d)(3), (‘‘JYX Trade’’), a party that did not the Department may rescind an International Trade Administration request an administrative review, administrative review ‘‘with respect to a submitted what it stated was its particular exporter or producer, if the A–570–848 response to the Department’s Secretary concludes that, during the Freshwater Crawfish Tail Meat from the questionnaire of October 29, 2004. In period covered by the review, there People’s Republic of China: Partial this submission at page A–3, JYX Trade were no entries, exports, or sales of the Rescission of Antidumping Duty stated that JYX Aquatic did not export subject merchandise, as the case may Administrative Review subject merchandise to the United be.’’ JYX Aquatic states that it did not States during the period of review export subject merchandise to the AGENCY: Import Administration, (‘‘POR’’). The Department confirmed United States during the POR and agrees International Trade Administration, through import data from U.S. Customs that the review with respect to JYX Department of Commerce. and Border Protection (‘‘CBP’’) that JYX Aquatic should be rescinded. Import
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data obtained from CBP also supports a (MSA). This ROD documents the ACTION: Notice of meeting. finding that JYX Aquatic did not export decision by NMFS that No Action is subject merchandise to the United required at this time to minimize SUMMARY: Pursuant to Public Law 92– States during the POR. Accordingly, the potential adverse effects of fishing on 463, notice is hereby given of a Department is rescinding the EFH. forthcoming meeting of the National administrative review with respect to Security Education Board Group of ADDRESSES: Copies of the ROD and the JYX Aquatic. Advisors. The purpose of the meeting is FEIS can be obtained from Peter D. to review and make recommendations to Notification to Interested Parties Colosi, Assistant Regional the Board concerning requirements This notice serves as a reminder to Administrator for Habitat Conservation, established by the David L. Boren parties subject to administrative NMFS, Northeast Regional Office, 1 National Security Education Act, Title protective order (‘‘APO’’) of their Blackburn Drive, Gloucester, MA 01930; VIII of Public Law 102–183, as responsibility concerning the telephone 978–281–9102; fax 978–281– amended. 9301. Also available on the internet at disposition of proprietary information DATES: April 28–29, 2005. disclosed under APO in accordance http://www.nero.noaa.gov/nero/regs/ ADDRESSES: The Bechtel International with 19 CFR 351.305(a)(3). The com.html. Center, Stanford University, 422 Department hereby requests timely FOR FURTHER INFORMATION CONTACT: Lagunita Drive, Stanford, CA 94305. written notification of the return or Peter D. Colosi, 978–281–9102; or Louis FOR FURTHER INFORMATION CONTACT: destruction of APO materials or of the A. Chiarella, 978–281–9277; email Dr. conversion to judicial protective order. [email protected]. Edmond J. Collier, Director for Failure to comply with the regulations Programs, National Security Education SUPPLEMENTARY INFORMATION: and terms of an APO is a sanctionable NMFS Program, 1101 Wilson Boulevard, Suite violation. This determination is issued Northeast Region was the lead agency 1210, Rosslyn P.O. Box 20010, in accordance with section 777(i)(1) of responsible for preparing the FEIS for Arlington, Virginia 22209–2248; (703) the Tariff Act of 1930, as amended, and Minimizing Impacts of the Atlantic 696–1991. Electronic mail address: 19 CFR 351.213(d)(4). Herring Fishery on Essential Fish [email protected]. Habitat. The FEIS evaluates the SUPPLEMENTARY INFORMATION: The Dated: March 24, 2005. potential adverse effects of fishing on National Security Education Board Barbara E. Tillman, Atlantic herring EFH, including the Group of Advisors meeting is open to Acting Deputy Assistant Secretary for Import effects of the Atlantic herring fishery on the public. Administration. the EFH of other species, and evaluates [FR Doc. E5–1434 Filed 3–30–05; 8:45 am] management measures to minimize to Dated: March 25, 2005. BILLING CODE: 3510–DS–S the extent practicable any adverse L.M. Bynum, effects by the Atlantic herring fishery on Alternate OSD Federal Register Liaison EFH that is more than minimal and not Officer, Department of Defense. DEPARTMENT OF COMMERCE temporary in nature. The notice of [FR Doc. 05–6326 Filed 3–30–05; 8:45 am] availability of the FEIS was published National Oceanic and Atmospheric BILLING CODE 5001–06–M on January 28, 2005 (70 FR 4119). Administration The ROD documents NMFS’ decision [I.D. 032405B] to adopt the No Action Alternative. The DEPARTMENT OF DEFENSE ROD identifies all alternatives Fisheries of the Northeastern United considered in reaching the decision, Office of the Secretary States; Final Environmental Impact specifies the alternatives, which were Strategic Advisory Group Meeting of Statement for Minimizing Impacts of considered to be environmentally the U.S. Strategic Command the Atlantic Herring Fishery on preferable, and identifies and discusses Essential Fish Habitat relevant factors, which were balanced AGENCY: Department of Defense, AGENCY: National Marine Fisheries by NMFS in making its decision. A copy USSTRATCOM. Service (NMFS), National Oceanic and of the ROD will be mailed to ACTION: Notice of closed meeting. Atmospheric Administration (NOAA), individuals, agencies, or companies that Commerce. commented on the draft and final EISs. SUMMARY: The Strategic Advisory Group ACTION: Notice of availability. In addition, copies of the ROD and FEIS (SAG) will meet in a closed session on are available from NMFS (see April 25 and 26, 2005. The mission of SUMMARY: In compliance with the ADDRESSES). the SAG is to provide timely advice on National Environmental Policy Act of Dated: March 25, 2005. scientific, intelligence, technical, and 1969, NMFS announces the availability William T. Hogarth, policy-related issues to the Commander, of a Record of Decision (ROD) regarding U.S. Strategic Command, during the Assistant Administrator for Fisheries, a final environmental impact National Marine Fisheries Service. development of the Nation’s war plans. statement(FEIS) that was prepared to Full development of the topics will [FR Doc. 05–6386 Filed 3–30–05; 8:45 am] determine whether future action is require discussion of information needed to minimize to the extent BILLING CODE 3510–22–S classified in accordance with Executive practicable possible adverse effects of Order 12958, dated April 17, 1995, as fishing, that are more than minimal and amended March 25, 2003. Access to this not temporary in nature, on Atlantic DEPARTMENT OF DEFENSE information must be strictly limited to herring essential fish habitat (EFH) and personnel having the requisite security of Atlantic herring fishing on the EFH Office of the Secretary clearances and the specific need-to- of other managed species. The FEIS was National Security Education Board know. Unauthorized disclosure of the prepared to address EFH requirements Group of Advisors Meeting information to be discussed at the TAG of the Magnuson-Stevens Fishery meetings could cause serious damage to Conservation and Management Act AGENCY: National Defense University. our national defense.
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In accordance with Section 10(d) of electronically, please refer to Section IV. 6. Access at: http://www.gpoaccess.gov/nara/ the Federal Advisory Committee Act (5 Other Submission Requirements in the index.html. U.S.C. app. 2), it has been determined January 28, 2005, notice (70 FR 4109). We Dated: March 28, 2005. that this SAG meeting concerns matters have not extended the deadline for submitting a statement that an applicant listed in 5 U.S.C. section 552b(c), and Michael J. Petrilli, qualifies for an exception to the electronic Acting Assistant Deputy Secretary for that, accordingly, this meeting will be submission requirement. closed to the public. Innovation and Improvement. [FR Doc. 05–6394 Filed 3–30–05; 8:45 am] DATES: April 25–26, 2005. Deadline for Intergovernmental BILLING CODE 4000–01–P ADDRESSES: USSTRATCOM, 901 Sac Review: The deadline date for Blvd., Ste 1F7, Offutt AFB, NE 68113– Intergovernmental Review under 6030. Executive Order 12732 is extended to June 7, 2005. DEPARTMENT OF EDUCATION FOR FURTHER INFORMATION CONTACT: Ms. Connie Druskis, Executive Director, FOR FURTHER INFORMATION CONTACT: Office of Special Education and (402) 294–4102. Carolyn J. Warren, U.S. Department of Rehabilitative Services; Overview Education, 400 Maryland Avenue, SW., SUPPLEMENTARY INFORMATION: Jerome Information; Rehabilitation Continuing Mahar, Joint Staff, (703) 614–6465. room 4W209, Washington, DC 20202– Education Programs; Notice Inviting 5930. Telephone: (202) 205–5443 or by Dated: March 25, 2005. Applications for New Awards for Fiscal e-mail: [email protected]. Year (FY) 2005 L.M. Bynum, If you use a telecommunications Alternate OSD Federal Register Liaison device for the deaf (TDD), you may call Catalog of Federal Domestic Assistance Officer, Department of Defense. the Federal Relay Service (FRS) at 1– (CFDA) Number: 84.264D. [FR Doc. 05–6327 Filed 3–30–05; 8:45 am] 800–877–8339. DATES: Applications Available: March BILLING CODE 5001–06–M Individuals with disabilities may 31, 2005. obtain this document in an alternative Deadline for Transmittal of format (e.g., Braille, large print, Applications: May 2, 2005. DEPARTMENT OF EDUCATION audiotape, or computer diskette) on Deadline for Intergovernmental request to the program contact person Review: June 29, 2005. Office of Innovation and Improvement listed in this section. Eligible Applicants: States and public (OII) SUPPLEMENTARY INFORMATION: Any or nonprofit agencies and organizations, eligible applicant may apply for funding including Indian tribes and institutions Notice Reopening the Excellence in under this program by the deadline date of higher education. Economic Education Program Fiscal in this notice. Eligible applicants that Estimated Available Funds: $100,000. Year (FY) 2005 Competition submitted their applications in a timely Estimated Number of Awards: 1. Catalog of Federal Domestic Assistance manner for the Excellence in Economic Note: The Department is not bound by any (CFDA) Number: 84.215B. Education program FY 2005 estimates in this notice. competition to the Department prior to SUMMARY: On January 28, 2005, we Project Period: Up to 60 months. the competition’s original deadline date published in the Federal Register (70 Full Text of Announcement FR 4107) a notice inviting applications of March 23, 2005, are not required to for the Excellence in Economic re-submit their applications or re-apply I. Funding Opportunity Description Education program’s FY 2005 in order to be considered for FY 2005 Purpose of Program: To support competition. The original notice for this awards under this program. We training centers that serve either a FY 2005 competition established a encourage eligible applicants to submit Federal region or another geographical March 23, 2005, deadline date for their applications as soon as possible to area and provide for a broad, integrated eligible applicants to apply for funding avoid any problems with filing sequence of training activities that focus under this program. electronic applications on the last day. on meeting recurrent and common In order to afford as many eligible The deadline for submission of training needs of employed applicants as possible an opportunity to applications will not be extended any rehabilitation personnel throughout a receive funding under this program, we further. multi-State geographical area. are reopening the Excellence in Electronic Access to This Document: Priorities: This notice contains one Economic Education program FY 2005 You may view this document, as well as absolute priority and one invitational competition. The new application all other documents of this Department priority. In accordance with 34 CFR deadline date for the competition is published in the Federal Register, in 75.105(b)(2)(ii), the absolute priority is April 8, 2005. text or Adobe Portable Document from the regulations for this program (34 Format (PDF) on the Internet at the DATES: Deadline for Transmittal of CFR 389.10). following site: http://www.ed.gov/news/ Applications: April 8, 2005 Absolute Priority: For FY 2005 this fedregister. (applications must be received at the priority is an absolute priority. Under 34 To use PDF you must have Adobe Grants.gov/Apply Web site by 4:30 p.m., CFR 75.105(c)(3) we consider only Acrobat Reader, which is available free Washington, DC time). applications that meet this priority. at this site. If you have questions about This priority is: Note: Applications for grants under the using PDF, call the U.S. Government Projects must— Excellence in Economic Education program Printing Office (GPO), toll free, at 1– (a) Train newly employed State must be submitted electronically using the 888–293–6498; or in the Washington, agency staff at the administrative, Grants.gov Apply site. Through this site, you DC, area at (202) 512–1530. supervisory, professional, will be able to download a copy of the application package, complete it offline, and Note: The official version of this document subprofessional, or clerical levels in then upload and submit your application. is the document published in the Federal order to develop needs skills for You may not e-mail an electronic copy of a Register. Free Internet access to the official effective agency performance; grant application to us. For information about edition of the Federal Register and the Code (b) Provide training opportunities for how to submit your application of Federal Regulations is available on GPO experienced State agency personnel at
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all levels of State agency practice to Project Period: Up to 60 months. • A page is 8.5″ by 11″, on one side upgrade their skills and to develop only, with 1″ margins at the top, bottom, III. Eligibility Information mastery of new program developments and both sides. dealing with significant issues, 1. Eligible Applicants: States and • Double space (no more than three priorities, and legislative thrusts of the public or nonprofit agencies and lines per vertical inch) all text in the State/Federal vocational rehabilitation organizations, including Indian tribes application narrative, including titles, program; and and institutions of higher education. headings, footnotes, quotations, (c) Develop and conduct training 2. Cost Sharing or Matching: The references, and captions, as well as all programs for staff of— Secretary has determined that a grantee text in charts, tables, figures, and (1) Private rehabilitation agencies and must provide a match of at least 10 graphs. facilities which cooperate with State percent of the total cost of the project • Use a font that is either 12 point or vocational rehabilitation units in (34 CFR 389.40). larger or no smaller than 10 pitch providing vocational rehabilitation and (characters per inch). Note: Under 34 CFR 75.562(c), an indirect The page limit does not apply to Part other rehabilitation services; cost reimbursement on a training grant is (2) Centers for independent living; limited to the recipient’s actual indirect cost, I, the cover sheet; Part II, the budget and as determined by its negotiated indirect cost section, including the narrative budget (3) Client assistance programs. rate agreement, or eight percent of a modified justification; Part IV, the assurances and Within this absolute priority, we are total direct cost base, whichever amount is certifications; or the one-page abstract, particularly interested in applications less. Indirect costs in excess of the eight the resumes, the bibliography, or the that address the following invitational percent limit may not be charged directly, letters of support. However, you must priority. used to satisfy matching or cost-sharing include all of the application narrative Invitational Priority: Under 34 CFR requirements, or charged to another Federal in Part III. 75.105(c)(1) we do not give an award. We will reject your application if— application that meets this invitational • You apply these standards and priority a competitive or absolute IV. Application and Submission exceed the page limit; or preference over other applications. Information • You apply other standards and This priority is: 1. Address to Request Application exceed the equivalent of the page limit. Rehabilitation Technology Package: Education Publications Center 3. Submission Dates and Times: Projects that offer certificate training (ED Pubs), P.O. Box 1398, Jessup, MD Applications Available: March 31, 2005. to rehabilitation personnel on 20794–1398. Telephone (toll free): 1– Deadline for Transmittal of rehabilitation technology as it applies to 877–433–7827. Fax: (301) 470–1244. If Applications: May 2, 2005. the needs of customers of the public you use a telecommunications device Applications for grants under these vocational rehabilitation (VR) program. for the deaf (TDD), you may call (toll competitions may be submitted Rehabilitation technology is defined free): 1–877–576–7734. electronically using the Grants.gov in 34 CFR 385.4 as follows: ‘‘[T]he You may also contact ED Pubs at its Apply site (Grants.gov), or in paper systematic application of technologies, Web site: http://www.ed.gov/pubs/ format by mail or hand delivery. For engineering methodologies, or scientific edpubs.html or you may contact ED information (including dates and times) principles to meet the needs of and Pubs at its e-mail address: about how to submit your application address the barriers confronted by [email protected]. electronically, or by mail or hand individuals with disabilities in areas delivery, please refer to section IV. 6. If you request an application from ED that include education, rehabilitation, Other Submission Requirements in this Pubs, be sure to identify the competition employment, transportation, notice. as follows: CFDA number 84.264D. independent living, and recreation. The We do not consider an application term includes rehabilitation Individuals with disabilities may that does not comply with the deadline engineering, assistive technology obtain a copy of the application package requirements. devices, and assistive technology in an alternative format (e.g., Braille, Deadline for Intergovernmental services.’’ large print, audiotape, or computer Review: June 29, 2005. Program authority: 29 U.S.C. 772. diskette) by contacting the Grants and 4. Intergovernmental Review: This Applicable Regulations: (a) The Contracts Services Team, U.S. program is subject to Executive Order Education Department General Department of Education, 400 Maryland 12372 and the regulations in 34 CFR Administrative Regulations (EDGAR) in Avenue, SW., room 5075, Potomac part 79. Information about 34 CFR parts 74, 75, 77, 79, 80, 81, 82, Center Plaza, Washington, DC 20202– Intergovernmental Review of Federal 84, 85, 86, and 99. (b) The regulations 2550. Telephone: (202) 245–7363. If you Programs under Executive Order 12372 for this program in 34 CFR parts 385 use a telecommunications device for the is in the application package for this and 389. deaf (TDD), you may call the Federal competition. Relay Service (FRS) at 1–800–877–8339. Note: The regulations in 34 CFR part 79 5. Funding Restrictions: We reference apply to all applicants except federally 2. Content and Form of Application regulations outlining funding recognized Indian tribes. Submission: Requirements concerning restrictions in the Applicable the content of an application, together Regulations section of this notice. Note: The regulations in 34 CFR part 86 with the forms you must submit, are in 6. Other Submission Requirements: apply to institutions of higher education the application package for this Applications for grants under this only. competition. Page Limit: Part III of the competition may be submitted application, the application narrative, is electronically or in paper format by mail II. Award Information where you, the applicant, address the or hand delivery. Type of Award: Discretionary grants. selection criteria that reviewers use to a. Electronic Submission of Estimated Available Funds: $100,000. evaluate your application. You must Applications. Estimated Number of Awards: 1. limit Part III to the equivalent of no We have been accepting applications Note: The Department is not bound by any more than 45 pages, using the following electronically through the Department’s estimates in this notice. standards: e-Application system since FY 2000. In
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order to expand on those efforts and • You should review and follow the 4260, Attention: (CFDA Number comply with the President’s Education Submission Procedures for 84.264D), 7100 Old Landover Road, Management Agenda, we are continuing submitting an application through Landover, MD 20785–1506. to participate as a partner in the new Grants.gov that are included in the Regardless of which address you use, governmentwide Grants.gov Apply site application package for this competition you must show proof of mailing in FY 2005. Rehabilitation Continuing to ensure that your application is consisting of one of the following: Education Programs—CFDA Number submitted timely to the Grants.gov (1) A legibly dated U.S. Postal Service 84.264D is one of the programs included system. postmark, in this project. • To use Grants.gov, you, as the (2) A legible mail receipt with the If you choose to submit your applicant, must have a D–U–N–S date of mailing stamped by the U.S. application electronically, you must use Number and register in the Central Postal Service, the Grants.gov Apply site (Grants.gov). Contractor Registry (CCR). You should (3) A dated shipping label, invoice, or Through this site, you will be able to allow a minimum of five business days receipt from a commercial carrier, or download a copy of the application to complete the CCR registration. (4) Any other proof of mailing package, complete it offline, and then • You will not receive additional acceptable to the Secretary of the U.S. upload and submit your application. point value because you submit your Department of Education. You may not e-mail an electronic copy application in electronic format, nor If you mail your application through of a grant application to us. We request will we penalize you if you submit your the U.S. Postal Service, we do not your participation in Grants.gov. application in paper format. accept either of the following as proof You may access the electronic grant • You may submit all documents of mailing: application for Rehabilitation electronically, including all information (1) A private metered postmark, or Continuing Education Programs at: typically included on the Application (2) A mail receipt that is not dated by http://www.grants.gov. You must search for Federal Education Assistance (ED the U.S. Postal Service. for the downloadable application 424), Budget Information—Non- If your application is postmarked after package for this program by the CFDA Construction Programs (ED 524), and all the application deadline date, we will number. Do not include the CFDA necessary assurances and certifications. not consider your application. number’s alpha suffix in your search. Any narrative sections of your Note: The U.S. Postal Service does not Please note the following: application should be attached as files uniformly provide a dated postmark. Before • Your participation in Grants. gov is in a .DOC (document), .RTF (rich text) relying on this method, you should check voluntary. or .PDF (Portable Document) format. with your local post office. • • When you enter the Grants.gov site, Your electronic application must c. Submission of Paper Applications you will find information about comply with any page limit by Hand Delivery. requirements described in this notice. If you submit your application in submitting an application electronically • through the site, as well as the hours of After you electronically submit paper format by hand delivery, you (or operation. your application, you will receive an a courier service) must deliver the • Applications received by Grants.gov automatic acknowledgment from original and two copies of your are time and date stamped. Your Grants.gov that contains a Grants.gov application by hand, on or before the application must be fully uploaded and tracking number. The Department will application deadline date, to the submitted with a date/time received by retrieve your application from Department at the following address: the Grants. gov system no later than 4:30 Grants.gov and send you a second U.S. Department of Education, p.m., Washington, DC time, on the confirmation by e-mail that will include Application Control Center, application deadline date. We will not a PR/Award number (an ED-specified Attention: (CFDA Number consider your application if it was identifying number unique to your 84.264D), 550 12th Street, SW., application). received by the Grants.gov system later • Room 7041, Potomac Center Plaza, than 4:30 p.m. on the application We may request that you provide us Washington, DC 202020–4260. original signatures on forms at a later deadline date. When we retrieve your The Application Control Center application from Grants.gov, we will date. b. Submission of Paper Applications accepts hand deliveries daily between 8 notify you if we are rejecting your a.m. and 4:30 p.m., Washington, DC application because it was submitted by Mail. If you submit your application in time, except Saturdays, Sundays, and after 4:30 p.m. on the application Federal holidays. deadline date. paper format by mail (through the U.S. Postal Service or a commercial carrier), Note for Mail or Hand Delivery of • If you experience technical you must mail the original and two Paper Applications: If you mail or hand difficulties on the application deadline copies of your application, on or before deliver your application to the date and are unable to meet the 4:30 the application deadline date, to the Department: p.m., Washington, DC time, deadline, (1) You must indicate on the envelope Department at the applicable following print out your application and follow and—if not provided by the address: the instructions in this notice for the By mail through the U.S. Postal Department—in Item 4 of the submission of paper applications by Service: Application for Federal Education mail or hand delivery. Assistance (ED 424) the CFDA • The amount of time it can take to U.S. Department of Education, number—and suffix letter, if any—of the upload an application will vary Application Control Center, competition under which you are depending on a variety of factors Attention: (CFDA Number submitting your application. including the size of the application and 84.264D), 400 Maryland Avenue, (2) The Application Control Center the speed of your Internet connection. SW., Washington, DC 20202–4260; will mail a grant application receipt Therefore, we strongly recommend that or acknowledgment to you. If you do not you do not wait until the application By mail through a commercial carrier: receive the grant application receipt deadline date to begin the application U.S. Department of Education, acknowledgment within 15 business process through Grants.gov. Application Control Center—Stop days from the application deadline date,
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you should call the U.S. Department of programs, and private rehabilitation To use PDF you must have Adobe Education Application Control Center at agencies and facilities that cooperate Acrobat Reader, which is available free (202) 245–6288. with State vocational rehabilitation at this site. If you have questions about units in providing vocational using PDF, call the U.S. Government V. Application Review Information rehabilitation and other rehabilitation Printing Office (GPO), toll free, at 1– 1. Selection Criteria: The selection services and to develop their mastery of 888–293–6498; or in the Washington, criteria for this competition are from 34 new program developments dealing DC, area at (202) 512–1530. CFR 75.210 and 34 CFR 389.30 and are with significant issues, priorities, and Note: The official version of this document in the application package. legislative thrusts of the public is the document published in the Federal 2. Review and Selection Process: rehabilitation program. Register. Free Internet access to the official Additional factors we consider in In order to measure the success of the edition of the Federal Register and the Code selecting an application for an award are project in meeting this goal, the CE of Federal Regulations is available on GPO the past performance of the applicant in grantee is required to conduct an Access at: http://www.gpoaccess.gov/nara/ carrying out similar training activities evaluation of CE training activities. In index.htm. under previously awarded grants, as annual performance reports, the CE indicated by factors such as compliance project is required to provide specific Dated: March 28, 2005. with grant conditions, soundness of information on the number of training John H. Hager, programmatic and financial activities, the topics of each training Assistant Secretary for Special Education and management practices, and attainment program, the number of participants Rehabilitative Services. of established project objectives (34 CFR served, the target groups represented by [FR Doc. 05–6392 Filed 3–30–05; 8:45 am] 385.33(b)). participants, and summary data from BILLING CODE 4000–01–M participant evaluations. This VI. Award Administration Information information allows the CE project to 1. Award Notices: If your application measure results against the needs DEPARTMENT OF EDUCATION is successful, we notify your U.S. assessment conducted by the project Representatives and U.S. Senators and and against the goal of upgrading the Office of Special Education and send you a Grant Award Notice. We skills of personnel currently employed Rehabilitation Services; Overview may also notify you informally. in the public VR system, centers for Information; Rehabilitation Continuing If your application is not evaluated or independent living, client assistance Education Programs (RCEP)— not selected for funding, we notify you. programs, and private rehabilitation Regional Rehabilitation Continuing 2. Administrative and National Policy agencies and facilities that cooperate Education Projects (RRCEP); Notice Requirements: We identify with State vocational rehabilitation Inviting Applications for New Awards administrative and national policy units in providing vocational for Fiscal Year (FY) 2005 requirements in the application package rehabilitation and other rehabilitation Catalog of Federal Domestic and reference these and other services and their mastery of new Assistance (CFDA) Number: 84.264A requirements in the Applicable program developments, priorities, and and B. Regulations section of this notice. legislative thrusts. The Rehabilitation Dates: We reference the regulations outlining Services Administration is in the Application Available: March 31, the terms and conditions of an award in process of developing a uniform data 2005. the Applicable Regulations section of collection instrument for future use to Deadline for Transmittal of this notice and include these and other collect these data directly from the Applications: May 16, 2005. specific conditions in the GAN. The grantee. Deadline for Intergovernmental GAN also incorporates your approved VII. Agency Contact Review: July 14, 2005. application as part of your binding Eligible Applicants: States and public commitments under the grant. FOR FURTHER INFORMATION CONTACT: or nonprofit agencies and organizations, 3. Reporting: At the end of your Beverly Steburg, U.S. Department of including Indian tribes and institutions project period, you must submit a final Education, 61 Forsyth Street, SW., suite of higher education. performance report, including financial 18T91, Atlanta, GA 30303–8934. information, as directed by the Telephone; (404) 562–6336. Note: We are inviting applications for two Secretary. If you receive a multi-year If you use a telecommunications competitions—CFDA number 84.264A for award, you must submit an annual device for the deaf (TDD), you may call Department of Education Region V only and performance report that provides the CFDA number 84.264B for Department of the Federal Relay Service (FRS) at 1– Education Regions I, III, VI, and VIII only. most current performance and financial 800–877–8339. expenditure information as specified by Individuals with disabilities may Estimated Available Funds: the Secretary in 34 CFR 75.118. obtain this document in an alternative $2,551,000. 4. Performance Measures: The format (e.g., Braille, large print, Estimated Range of Awards: Government Performance and Results audiotape, or computer diskette) on $450,000–$551,000. Act (GPRA) of 1993 directs Federal request to the program contact person Estimated Average Size of Award: departments and agencies to improve listed in this section. $500,000. the effectiveness of their programs by Maximum Level of Awards: engaging in strategic planning, setting VIII. Other Information CFDA number 84.264A: $551,000. outcome-related goals for programs, and Electronic Access to This Document: CFDA number 84.264B: $500,000. measuring program results against those You may view this document, as well as Estimated Number of Awards: goals. all other documents of this Department CFDA number 84.264A: 1. The goal of continuing education (CE) published in the Federal Register, in CFDA number 84.264B: 4. projects is to upgrade the skills of text or Adobe Portable Document format Note: The Department is not bound by any personnel currently employed in the (PDF) on the Internet at the following estimates in this notice. public VR system, centers for site: http://www.ed.gov/news/ independent living, client assistance fedregister. Project Period: Up to 60 months.
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Full Text of Announcement II. Award Information in an alternative format (e.g., Braille, I. Funding Opportunity Description Type of Award: Cooperative large print, audiotape, or computer agreements. diskette) by contacting the Grants and Purpose of Program: To support Estimated Available Funds: Contracts Services Team, U.S. training centers that serve either a $2,551,000. Department of Education, 400 Maryland Federal region or another geographical Estimated Range of Awards: Avenue, SW., room 5075, Potomac area and provide for a broad, integrated $450,000–$551,000. Center Plaza, Washington, DC 20202– sequence of training activities that focus Estimated Average Size of Award: 2550. Telephone: (202) 245–7363. If you on meeting recurrent and common $500,000. use a telecommunications device for the training needs of employed Maximum Level of Awards: deaf (TDD), you may call the Federal rehabilitation personnel throughout a CFDA 84.264A: $551,000. Relay Service (FRS) at 1–800–877–8339. multi-State geographical area. CFDA 84.264B: $500,000. 2. Content and Form of Application Priorities: In accordance with 34 CFR Estimated Number of Awards: Submission: Requirements concerning 75.105(b)(2)(ii), these priorities are from CFDA number 84.264A: 1. the content of an application, together the regulations for this program (34 CFR CFDA number 84.264B: 4. with the forms you must submit, are in the application package for these 389.10). Note: The Department is not bound by any Absolute Priorities: For FY 2005 these estimates in this notice. competitions. priorities are absolute priorities. Under Page Limit: The application narrative 34 CFR 75.105(c)(3) we consider only Project Period: Up to 60 months. (Part III of the application) is where you, applications that meet one or more of III. Eligibility Information the applicant, address the selection these priorities. criteria that reviewers use to evaluate 1. Eligible Applicants: States and These priorities are: your application. You must limit Part III public or nonprofit agencies and to the equivalent of no more than 45 Absolute Priority 1 (CFDA Number organizations, including Indian tribes pages, using the following standards: 84.264A) and institutions of higher education. • A page is 8.5″ by 11″ , on one side ″ Projects must— Note: We are inviting applications for two only, with 1 margins at the top, bottom, and both sides. (a) Train newly employed State competitions—CFDA number 84.264A for • Double space (no more than three agency staff at the administrative, Department of Education Region V only and CFDA number 84.264B for Department of lines per vertical inch) all text in the supervisory, professional, Education Regions I, III, VI, and VIII only. application narrative, including titles, subprofessional, or clerical levels in headings, footnotes, quotations, order to develop needs skills for 2. Cost Sharing or Matching: The references, and captions, as well as all effective agency performance; and Secretary has determined that a grantee must provide a match of at least 10 text in charts, tables, figures, and (b) Provide training opportunities for graphs. experienced State agency personnel at percent of the total cost of the project • (34 CFR 389.40). Use a font that is either 12 point or all levels of State agency practice to larger or no smaller than 10 pitch upgrade their skills and to develop Note: Under 34 CFR 75.562(c), an indirect (characters per inch). mastery of new program developments cost reimbursement on a training grant is The page limit does not apply to Part dealing with significant issues, limited to the recipient’s actual indirect I, the cover sheet; Part II, the budget priorities and legislative thrusts of the costs, as determined by its negotiated section, including the narrative budget indirect cost rate agreement, or eight percent State/Federal vocational rehabilitation justification; Part IV, the assurances and program. of a modified total direct cost base, whichever amount is less. Indirect costs in certifications; or the one-page abstract, Absolute Priority 2 (CFDA Number excess of the eight percent limit may not be the resumes, the bibliography, or the 84.264B) charged directly, used to satisfy matching or letters of support. However, you must cost-sharing requirements, or charged to include all of the application narrative Projects must develop and conduct another Federal award. in Part III. training programs for staff of— We will reject your application if— (a) Private rehabilitation agencies and IV. Application and Submission • You apply these standards and facilities which cooperate with State Information exceed the page limit; or vocational rehabilitation units in 1. Address To Request Application • You apply other standards and providing vocational rehabilitation and Package: Education Publications Center exceed the equivalent of the page limit. other rehabilitation services; and (ED Pubs), P.O. Box 1398, Jessup, MD 3. Submission Dates and Times: (b) Centers for independent living. 20794–1398. Telephone (toll free): 1– March 31, 2005. Program Authority: 29 U.S.C. 772. 877–433–7827. FAX: (301) 470–1244. If Deadline for Transmittal of Applicable Regulations: (a) The you use a telecommunications device Applications: May 16, 2005. Education Department General for the deaf (TDD), you may call (toll Applications for grants under these Administrative Regulations (EDGAR) in free): 1–877–576–7734. competitions may be submitted 34 CFR parts 74, 75, 77, 79, 80, 81, 82, You may also contact ED Pubs at its electronically using the Grants.gov 84, 85, 86, and 99. (b) The regulations Web site: http://www.ed.gov/pubs/ Apply site (Grants.gov), or in paper for this program in 34 CFR parts 385 edpubs.html or your may contact ED format by mail or hand delivery. For and 389. Pubs at its e-mail address: information (including dates and times) [email protected]. about how to submit your application Note: The regulations in 34 CFR part 79 If you request an application from ED electronically, or by mail or hand apply to all applicants except federally Pubs, be sure to identify this delivery, please refer to section IV. 6. recognized Indian tribes. competition as follows: CFDA number Other Submission Requirements in this Note: The regulations in 34 CFR part 86 84.264A or CFDA number 84.264B. notice. apply to institutions of higher education Individuals with disabilities may Deadline for Intergovernmental only. obtain a copy of the application package Review: July 14, 2005.
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4. Intergovernmental Review: This consider your application if it was identifying number unique to your program is subject to Executive Order received by the Grants.gov system later application). 12372 and the regulations in 34 CFR than 4:30 p.m. on the application • We may request that you provide us part 79. Information about deadline date. When we retrieve your original signatures on forms at a later Intergovernmental Review of Federal application from Grants.gov, we will date. Programs under Executive Order 12372 notify you if we are rejecting your b. Submission of Paper Applications is in the application package for these application because it was submitted by Mail. competitions. after 4:30 p.m. on the application If you submit your application in 5. Funding Restrictions: We reference deadline date. paper format by mail (through the U.S. regulations outlining funding • If you experience technical Postal Service or a commercial carrier), restrictions in the Applicable difficulties on the application deadline you must mail the original and two Regulations section of this notice. date and are unable to meet the 4:30 copies of your application, on or before 6. Other Submission Requirements. p.m., Washington, DC time, deadline, the application deadline date, to the Applications for grants under these print out your application and follow Department at the applicable following competitions may be submitted the instructions in this notice for the address: electronically or in paper format by mail submission of paper applications by By mail through the U.S. Postal or hand delivery. mail or hand delivery. Service: U.S. Department of Education, a. Electronic Submission of • The amount of time it can take to Application Control Center, Attention: Applications. upload an application will vary (CFDA Number 84.264A or CFDA We have been accepting applications depending on a variety of factors Number 84.264B), 400 Maryland electronically through the Department’s including the size of the application and Avenue, SW., Washington, DC 20202– E-Application system since FY 2000. In the speed of your Internet connection. 4260. order to expand on those efforts and Therefore, we strongly recommend that or comply with the President’s you do not wait until the application By mail through the U.S. Postal Management Agenda, we are continuing deadline date to begin the application to participate as a partner in the new Service: U.S. Department of Education, process through Grants.gov. Application Control Center,—Stop 4260, governmentwide Grants.gov Apply site • You should review and follow the Attention: (CFDA Number 84.264A or in FY 2005. Rehabilitation Continuing Education Submission Procedures for Education Programs (RCEP)—Regional CFDA Number 84.264B), 7100 Old submitting an application through Landover Road, Landover, MD 20785– Rehabilitation Continuing Education Grants.gov that are included in the Projects (RRCEP)—CFDA Number 1506. application package for these Regardless of which address you use, 84.264A and CFDA Number 84.264B is competitions to ensure that your one of the programs including in this you must show proof of mailing application is submitted timely to the consisting of one of the following: project. Grants.gov system. If you choose to submit your (1) A legibly dated U.S. Postal Service • To use Grants.gov, you, as the application electronically, you must use postmark, applicant, must have D–U–N–S Number the Grants.gov Apply site (Grants.gov). (2) A legible mail receipt with the and register in the Central Contractor Through this site, you will be able to date of mailing stamped by the U.S. Registry (CCR). You should allow a download a copy of the application Postal Service, minimum of five business days to package, complete it offline, and then (3) A dated shipping label, invoice, or complete the CCR registration. upload and submit your application. receipt from a commercial carrier, or • You will not receive additional You may not e-mail an electronic copy (4) Any other proof of mailing point value because you submit your of a grant application to us. We request acceptable to the Secretary of the U.S. application in electronic format, nor your participation in Grants.gov. Department of Education. You may access the electronic grant will we penalize you if you submit your If you mail your application through application in paper format. the U.S. Postal Service, we do not application for Rehabilitation • Continuing Education Programs— You may submit all documents accept either of the following as proof Regional Rehabilitation Continuing electronically, including all information of mailing: Education Projects at: http:// typically included on the Application (1) A private metered postmark, or www.grants.gov. You must search for for Federal Education Assistance (ED (2) A mail receipt that is not dated by the downloadable application package 424), Budget Information—Non- the U.S. Postal Service. for this program by the CFDA number. Construction Programs (ED 524), and all If your application is postmarked after Do not include the CFDA number’s necessary assurances and certifications. the application deadline date, we will alpha suffix in your search. Any narrative sections of your not consider your application. Please note the following: application should be attached as files • Your participation in Grants.gov is in a .DOC (document), .RTF (rich text) Note: The U.S. Postal Service does not uniformly provide a dated postmark. Before voluntary. or .PDF (Portable Document) format. • • relying on this method, you should check When you enter the Grants.gov site, Your electronic application must with your local post office. you will find information about comply with any page limit submitting an application electronically requirements described in this notice. c. Submission of Paper Applications through the site, as well as the hours of • After you electronically submit by Hand Delivery. operation. your application, you will receive an If you submit your application in • Applications received by Grants.gov automatic acknowledgment from paper format by hand delivery, you (or are time and date stamped. Your Grants.gov that contains a Grants.gov a courier service) must deliver the application must be fully uploaded and tracking number. The Department will original and two copies of your submitted with a date/time received by retrieve your application from application by hand, on or before the the Grants.gov system no later than 4:30 Grants.gov and send you a second application deadline date, to the p.m., Washington, DC time, on the confirmation by e-mail that will include Department at the following address: application deadline date. We will not a PR/Award number (an ED-specified U.S. Department of Education,
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Application Control Center, Attention: 3. Reporting: At the end of your Washington, DC 20202–2800. (CFDA Number 84.264A or CFDA project period, you must submit a final Telephone: (202) 245–7429. Number, 84.264B), 550 12th Street, SW., performance report, including financial If you use a telecommunications Room 7041, Potomac Center Plaza, information, as directed by the device for the deaf (TDD), you may call Washington, DC 20202–4260. Secretary. If you receive a multi-year the Federal Relay Service (FRS) at 1– The Application Control Center award, you must submit an annual 800–877–8339. accepts hand deliveries daily between 8 performance report that provides the Individuals with disabilities may a.m. and 4:30 p.m., Washington, DC most current performance and financial obtain this document in an alternative time, except Saturdays, Sundays, and expenditure information as specified by format (e.g., Braille, large print, Federal holidays. the Secretary in 34 CFR 75.118. audiotape, or computer diskette) on Note for Mail or Hand Delivery of 4. Performance Measures: The request to the program contact person Paper Applications: If you mail or hand Government Performance and Results listed in this section. Act (GPRA) of 1993 directs Federal deliver your application to the VIII. Other Information Department: departments and agencies to improve (1) You must indicate on the envelope the effectiveness of their programs by Electronic Access to This Document: and—if not provided by the engaging in strategic planning, setting You may view this document, as well as Department—in Item 4 of the outcome-related goals for programs, and all other documents of this Department Application for Federal Education measuring program results against those published in the Federal Register, in Assistance (ED 424) the CFDA goals. text or Adobe Portable Document The goal of the RRCEP is to upgrade number—and suffix letter, if any—of the Format (PDF) on the Internet at the the skills of personnel currently competition under which you are following site: http://www.ed.gov/news/ employed in the public vocational submitting your application. fedregister. rehabilitation (VR) system, centers for (2) The Application Control Center To use PDF you must have Adobe independent living, and private will mail a grant application receipt Acrobat Reader, which is available free rehabilitation agencies and facilities at this site. If you have questions about acknowledgment to you. If you do not (CRPs) that cooperate with State receive the grant application receipt using PDF, call the U.S. Government vocational rehabilitation units in Printing Office (GPO), toll free, at 1– acknowledgment within 15 business providing vocational rehabilitation and days from the application deadline date, 888–293–6498; or in the Washington, other rehabilitation services and to DC, area at (202) 512–1530. you should call the U.S. Department of develop their mastery of new program Education Application Control Center at developments dealing with significant Note: The official version of this document (202) 245–6288. issues, priorities, and legislative thrusts is the document published in the Federal V. Application Review Information of the public VR program. Register. Free Internet access to the official In order to measure the success of edition of the Federal Register and the Code 1. Selection Criteria: The selection RRCEPs in meeting this goal, each of Federal Regulations is available on GPO criteria for these competitions are from Access at: http://www.gpoaccess.gov/nara/ RRCEP grantee is required to conduct an index.html 34 CFR parts 385 and 389 of the evaluation of RRCEP training activities. program regulations and 34 CFR part In annual performance reports, RRCEPs Dated: March 28, 2005. 75.210 of EDGAR and are in the are required to provide specific John H. Hager, application package. information on the number of training 2. Review and Selection Process: Assistant Secretary for Special Education and activities, the topics of each training Rehabilitative Services. Additional factors we consider in program, the number of participants selecting an application for an award are [FR Doc. 05–6393 Filed 3–30–05; 8:45 am] served, the target groups represented by BILLING CODE 4000–01–M in 34 CFR parts 385 and 389.30. participants, and summary data from VI. Award Administration Information participant evaluations. This information allows the RRCEP to 1. Award Notices: If our application is measure results against the regional DEPARTMENT OF ENERGY successful, we notify your U.S. needs assessment conducted by the Federal Energy Regulatory Representative and U.S. Senators and RRCEP and against the goal of Commission send you a Grant Award Notification upgrading the skills of personnel (GAN). We may also notify you currently employed in the public VR [Docket No. RP05–231–000] informally. system, centers of independent living, If your application is not evaluated or or CRPs that cooperate with State CenterPoint Energy—Mississippi River not selected for funding, we notify you. vocational rehabilitation units in Transmission Corporation; Notice of 2. Administrative and National Policy providing vocational rehabilitation and Filing Requirements: We identify other rehabilitation services and their administrative and national policy mastery of new program developments, March 24, 2005. requirements in the application package priorities, and legislative thrusts. The Take notice that on March 18, 2005, and reference these and other Rehabilitation Services Administration CenterPoint Energy—Mississippi River requirements in the Applicable is in the process of developing a Transmission Corporation (MRT) Regulations section of this notice. uniform data collection instrument for tendered for filing as part of its FERC We reference the regulations outlining future use to collect these data directly Gas Tariff, Third Revised Volume No. 1, the terms and conditions of an award in from the grantee. First Revised Sheet No. 226A.01, to be the Applicable Regulations section of effective April 17, 2005. this notice and include these and other VII. Agency Contact MRT states that the Commission specific conditions in the GAN. The For Further Information Contact: directed MRT to file a tariff sheet that GAN also incorporated your approved Christine Marschall, U.S. Department of would remove its tariff provisions application as part of your binding Education, 400 Maryland Avenue, SW., implementing the CIG/Granite State commitments under the grant. room 5053, Potomac Center Plaza, policy for discounting.
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Any person desiring to intervene or to submitted a compliance filing pursuant DEPARTMENT OF ENERGY protest this filing must file in to the Commission’s March 7, 2005 accordance with Rules 211 and 214 of order in Docket No. CP04–334–001, 110 Federal Energy Regulatory the Commission’s Rules of Practice and FERC ¶ 61,252 (2005). Commission Procedure (18 CFR 385.211 and MRT states that it is revising the [Docket No. RP05–232–000] 385.214). Protests will be considered by language of section 9 of its tariff’s the Commission in determining the General Terms and Conditions to CenterPoint Energy Gas Transmission appropriate action to be taken, but will authorize MRT to buy and sell gas to Company; Notice of Proposed not serve to make protestants parties to Changes in FERC Gas Tariff the proceeding. Any person wishing to ensure fulfillment of its service become a party must file a notice of obligations. March 24, 2005. intervention or motion to intervene, as MRT states that copies of the filing Take notice that on March 18, 2005, appropriate. Such notices, motions, or were served on parties on the official CenterPoint Energy Gas Transmission protests must be filed in accordance service list in the above-captioned Company (CEGT) tendered for filing as with the provisions of Section 154.210 proceeding. part of its FERC Gas Tariff, Sixth Revised Volume No. 1, the following of the Commission’s regulations (18 CFR Any person desiring to protest this revised tariff sheets to be effective May 154.210). Anyone filing an intervention filing must file in accordance with Rule or protest must serve a copy of that 1, 2005: 211 of the Commission’s Rules of document on the Applicant. Anyone Practice and Procedure (18 CFR Fifth Revised Sheet No. 17 filing an intervention or protest on or 385.211). Protests to this filing will be Fifth Revised Sheet No. 18 before the intervention or protest date Fifth Revised Sheet No. 19 need not serve motions to intervene or considered by the Commission in Fifth Revised Sheet No. 31 protests on persons other than the determining the appropriate action to be Fifth Revised Sheet No. 32 taken, but will not serve to make Applicant. CEGT states that the purpose of this protestants parties to the proceeding. The Commission encourages filing is to adjust CEGT’s fuel electronic submission of protests and Such protests must be filed on or before percentages and Electric Power Costs interventions in lieu of paper using the the date as indicated below. Anyone Tracker pursuant to Sections 27 and 28 ‘‘eFiling’’ link at http://www.ferc.gov. filing a protest must serve a copy of that of its General Terms and Conditions. Persons unable to file electronically document on all the parties to the Any person desiring to intervene or to should submit an original and 14 copies proceeding. protest this filing must file in of the protest or intervention to the The Commission encourages accordance with Rules 211 and 214 of Federal Energy Regulatory Commission, electronic submission of protests in lieu the Commission’s Rules of Practice and 888 First Street, NE., Washington, DC of paper using the ‘‘eFiling’’ link at Procedure (18 CFR 385.211 and 20426. http://www.ferc.gov. Persons unable to 385.214). Protests will be considered by This filing is accessible on-line at file electronically should submit an the Commission in determining the http://www.ferc.gov, using the appropriate action to be taken, but will ‘‘eLibrary’’ link and is available for original and 14 copies of the protest to the Federal Energy Regulatory not serve to make protestants parties to review in the Commission’s Public the proceeding. Any person wishing to Reference Room in Washington, DC. Commission, 888 First Street, NE., Washington, DC 20426. become a party must file a notice of There is an ‘‘eSubscription’’ link on the intervention or motion to intervene, as Web site that enables subscribers to This filing is accessible on-line at appropriate. Such notices, motions, or receive e-mail notification when a http://www.ferc.gov, using the protests must be filed in accordance document is added to a subscribed ‘‘eLibrary’’ link and is available for with the provisions of § 154.210 of the docket(s). For assistance with any FERC review in the Commission’s Public Commission’s regulations (18 CFR Online service, please email Reference Room in Washington, DC. 154.210). Anyone filing an intervention [email protected], or call There is an ‘‘eSubscription’’ link on the or protest must serve a copy of that (866) 208–3676 (toll free). For TTY, call Web site that enables subscribers to document on the Applicant. Anyone (202) 502–8659. receive email notification when a filing an intervention or protest on or Magalie R. Salas, document is added to a subscribed before the intervention or protest date Secretary. docket(s). For assistance with any FERC need not serve motions to intervene or [FR Doc. E5–1430 Filed 3–30–05; 8:45 am] Online service, please email protests on persons other than the Applicant. BILLING CODE 6717–01–P [email protected], or call (866) 208–3676 (toll free). For TTY, call The Commission encourages (202) 502–8659. electronic submission of protests and interventions in lieu of paper using the DEPARTMENT OF ENERGY Protest Date: 5 p.m. eastern time on ‘‘eFiling’’ link at http://www.ferc.gov. April 8, 2005. Federal Energy Regulatory Persons unable to file electronically Commission Magalie R. Salas, should submit an original and 14 copies of the protest or intervention to the [Docket No. CP04–334–002] Secretary. [FR Doc. E5–1433 Filed 3–30–05; 8:45 am] Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC CenterPoint Energy—Mississippi River BILLING CODE 6717–01–P Transmission Corporation; Notice of 20426. Compliance Filing This filing is accessible online at http://www.ferc.gov, using the March 24, 2005. ‘‘eLibrary’’ link and is available for Take notice that on March 15, 2005, review in the Commission’s Public CenterPoint Energy—Mississippi River Reference Room in Washington, DC. Transmission Corporation (MRT) There is an ‘‘eSubscription’’ link on the
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Web site that enables subscribers to Commission, 888 First Street, NE., securities and assume obligations or receive email notification when a Washington, DC 20426. liabilities as a guarantor, indorser, document is added to a subscribed This filing is accessible on-line at surety, or otherwise in respect of any docket(s). For assistance with any FERC http://www.ferc.gov, using the security of another person; provided Online service, please e-mail ‘‘eLibrary’’ link and is available for that such issuance or assumption is for [email protected], or call review in the Commission’s Public some lawful object within the corporate (866) 208–3676 (toll free). For TTY, call Reference Room in Washington, DC. purposes of Eastern Desert, compatible (202) 502–8659. There is an ‘‘eSubscription’’ link on the with the public interest, and is Web site that enables subscribers to reasonably necessary or appropriate for Magalie R. Salas, receive e-mail notification when a such purposes. Secretary. document is added to a subscribed The Commission reserves the right to [FR Doc. E5–1431 Filed 3–30–05; 8:45 am] docket(s). For assistance with any FERC require a further showing that neither BILLING CODE 6717–01–P Online service, please e-mail public nor private interests will be [email protected], or call adversely affected by continued (866) 208–3676 (toll free). For TTY, call approval of Eastern Desert’s issuances of DEPARTMENT OF ENERGY (202) 502–8659. securities or assumptions of liability. Copies of the full text of the Federal Energy Regulatory Protest Date: 5 p.m. eastern time on Commission’s Order are available from Commission March 31, 2005. the Commission’s Public Reference Magalie R. Salas, [Docket No. RP95–408–062] Room, 888 First Street, NE., Secretary. Washington, DC 20426. The Order may Columbia Gas Transmission [FR Doc. E5–1423 Filed 3–30–05; 8:45 am] also be viewed on the Commission’s Corporation; Notice of Refund Report BILLING CODE 6717–01–P Web site at http://www.ferc.gov, using March 24, 2005. the eLibrary link. Enter the docket number excluding the last three digits in Take notice that on March 17, 2005, DEPARTMENT OF ENERGY Columbia Gas Transmission Corporation the docket number filed to access the (Columbia) tendered for filing its final Federal Energy Regulatory document. Comments, protests, and true-up report to comply with the Commission interventions may be filed electronically November 22, 1996 Offer of Settlement via the Internet in lieu of paper. See, 18 [Docket No. ER05–534–000] (Settlement) approved by the CFR 385.2001(a)(1)(iii) and the Commission on April 17, 1997 in instructions on the Commission’s Web Eastern Desert Power LLC; Notice of site under the ‘‘e-Filing’’ link. The Docket Nos. RP95–408–013, et al., Issuance of Order Columbia Gas Transmission Commission strongly encourages Corporation, 97 FERC ¶ 61,044 (1997). March 24, 2005. electronic filings. Columbia states that the Settlement Eastern Desert Power LLC (Eastern Magalie R. Salas, permitted Columbia to reflect in its base Desert) filed an application for market- Secretary. rates a settlement component to be based rate authority, with an [FR Doc. E5–1426 Filed 3–30–05; 8:45 am] collected from firm transportation accompanying tariff. The proposed tariff BILLING CODE 6717–01–P customers for the ‘‘period beginning provides for wholesale sales of energy, November 1, 1996 and ending October capacity and ancillary services at 31, 2004.’’ Columbia further explains market-based rates. Eastern Desert also DEPARTMENT OF ENERGY that, in accordance with the settlement’s requested waiver of various Commission true-up mechanism, Columbia is hereby regulations. In particular, Eastern Desert Federal Energy Regulatory providing a final true-up of the revenues requested that the Commission grant Commission collected by Columbia during the blanket approval under 18 CFR part 34 [Docket No. ER05–487–000] twelve-month period ending October 31, of all future issuances of securities and 2004. assumptions of liability by Eastern FPL Energy Cowboy Wind, LLC; Notice Any person desiring to protest this Desert. of Issuance of Order filing must file in accordance with Rule On March 23, 2005, the Commission 211 of the Commission’s Rules of granted the request for blanket approval March 24, 2005. Practice and Procedure (18 CFR under part 34, subject to the following: FPL Energy Cowboy Wind, LLC (FPL 385.211). Protests to this filing will be Any person desiring to be heard or to Cowboy) filed an application for market- considered by the Commission in protest the blanket approval of based rate authority, with an determining the appropriate action to be issuances of securities or assumptions of accompanying tariff. The proposed tariff taken, but will not serve to make liability by Eastern Desert should file a provides for wholesale sales of energy, protestants parties to the proceeding. motion to intervene or protest with the capacity and ancillary services at Such protests must be filed on or before Federal Energy Regulatory Commission, market-based rates. FPL Cowboy also the date as indicated below. Anyone 888 First Street, NE., Washington, DC requested waiver of various Commission filing a protest must serve a copy of that 20426, in accordance with Rules 211 regulations. In particular, FPL Cowboy document on all the parties to the and 214 of the Commission’s Rules of requested that the Commission grant proceeding. Practice and Procedure. 18 CFR 385.211, blanket approval under 18 CFR part 34 The Commission encourages 385.214 (2004). of all future issuances of securities and electronic submission of protests in lieu Notice is hereby given that the assumptions of liability by FPL Cowboy. of paper using the ‘‘eFiling’’ link at deadline for filing motions to intervene On March 23, 2005, the Commission http://www.ferc.gov. Persons unable to or protest, is April 22, 2005. granted the request for blanket approval file electronically should submit an Absent a request to be heard in under part 34, subject to the following: original and 14 copies of the protest to opposition by the deadline above, Any person desiring to be heard or to the Federal Energy Regulatory Eastern Desert is authorized to issue protest the blanket approval of
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issuances of securities or assumptions of submitted an application pursuant to DEPARTMENT OF ENERGY liability by FPL Cowboy should file a section 204 of the Federal Power Act motion to intervene or protest with the seeking authorization to make long-term Federal Energy Regulatory Federal Energy Regulatory Commission, borrowings in an amount up to Commission 888 First Street, NE., Washington, DC $500,000. 20426, in accordance with Rules 211 [Docket No. ER05–319–001] Northern Maine also requests waiver and 214 of the Commission’s Rules of from the Commission’s competitive PJM Interconnection, L.L.C.; Notice of Practice and Procedure. 18 CFR 385.211, Amendment to Filing 385.214 (2004). bidding and negotiated placement requirements at 18 CFR 34.2. Notice is hereby given that the March 22, 2005. deadline for filing motions to intervene Any person desiring to intervene or to Take notice that on March 7, 2005, or protest, is April 22, 2005. protest this filing must file in PJM Interconnection, L.L.C. (PJM) Absent a request to be heard in accordance with Rules 211 and 214 of submitted its response pursuant to opposition by the deadline above, FPL the Commission’s Rules of Practice and Commission’s deficiency letter issued Cowboy is authorized to issue securities Procedure (18 CFR 385.211 and February 3, 2005 regarding PJM’s and assume obligations or liabilities as 385.214). Protests will be considered by December 8 filing of an executed a guarantor, indorser, surety, or the Commission in determining the interconnection service agreement otherwise in respect of any security of appropriate action to be taken, but will among PJM, MM Hackensack Energy, another person; provided that such not serve to make protestants parties to LLC and Public Service Electric and Gas issuance or assumption is for some the proceeding. Any person wishing to Company and a notice of cancellation of lawful object within the corporate become a party must file a notice of a service agreement that has been purposes of FPL Cowboy, compatible intervention or motion to intervene, as superseded. with the public interest, and is appropriate. Such notices, motions, or PJM states that copies of this filing reasonably necessary or appropriate for protests must be filed on or before the have been served on all persons on the such purposes. comment date. Anyone filing a motion service list and the parties to the The Commission reserves the right to agreement. require a further showing that neither to intervene or protest must serve a copy of that document on the Applicant. On Any person desiring to intervene or to public nor private interests will be protest this filing must file in adversely affected by continued or before the comment date, it is not necessary to serve motions to intervene accordance with Rules 211 and 214 of approval of FPL Cowboy’s issuances of the Commission’s Rules of Practice and or protests on persons other than the securities or assumptions of liability. Procedure (18 CFR 385.211, 385.214). Applicant. Copies of the full text of the Protests will be considered by the Commission’s Order are available from The Commission encourages Commission in determining the the Commission’s Public Reference electronic submission of protests and appropriate action to be taken, but will Room, 888 First Street, NE., interventions in lieu of paper using the not serve to make protestants parties to Washington, DC 20426. The Order may ‘‘eFiling’’ link at http://www.ferc.gov. the proceeding. Any person wishing to also be viewed on the Commission’s Persons unable to file electronically become a party must file a notice of Web site at http://www.ferc.gov, using should submit an original and 14 copies intervention or motion to intervene, as the eLibrary link. Enter the docket of the protest or intervention to the appropriate. Such notices, motions, or number excluding the last three digits in Federal Energy Regulatory Commission, protests must be filed on or before the the docket number filed to access the 888 First Street, NE., Washington, DC comment date. Anyone filing a motion document. Comments, protests, and 20426. to intervene or protest must serve a copy interventions may be filed electronically of that document on the Applicant and This filing is accessible online at via the Internet in lieu of paper. See, 18 all the parties in this proceeding. CFR 385.2001(a)(1)(iii) and the http://www.ferc.gov, using the The Commission encourages instructions on the Commission’s Web ‘‘eLibrary’’ link and is available for electronic submission of protests and site under the ‘‘e-Filing’’ link. The review in the Commission’s Public interventions in lieu of paper using the Commission strongly encourages Reference Room in Washington, DC. ‘‘eFiling’’ link at http://www.ferc.gov. electronic filings. There is an ‘‘eSubscription’’ link on the Persons unable to file electronically Magalie R. Salas, Web site that enables subscribers to should submit an original and 14 copies receive e-mail notification when a Secretary. of the protest or intervention to the document is added to a subscribed [FR Doc. E5–1425 Filed 3–30–05; 8:45 am] Federal Energy Regulatory Commission, docket(s). For assistance with any FERC 888 First Street, NE., Washington, DC BILLING CODE 6717–01–P Online service, please e-mail 20426. [email protected], or call This filing is accessible online at DEPARTMENT OF ENERGY (866) 208–3676 (toll free). For TTY, call http://www.ferc.gov, using the (202) 502–8659. ‘‘eLibrary’’ link and is available for Federal Energy Regulatory Comment Date: 5 p.m. eastern time on review in the Commission’s Public Commission March 30, 2005. Reference Room in Washington, DC. There is an ‘‘eSubscription’’ link on the [Docket No. ES05–21–000] Magalie R. Salas, web site that enables subscribers to Northern Maine Independent System Secretary. receive e-mail notification when a Administrator, Inc.; Notice of Filing [FR Doc. E5–1427 Filed 3–30–05; 8:45 am] document is added to a subscribed docket(s). For assistance with any FERC BILLING CODE 6717–01–P March 24, 2005. Online service, please e-mail Take notice that on March 17, 2005, [email protected], or call Northern Maine Independent System (866) 208–3676 (toll free). For TTY, call Administrator, Inc. (Northern Maine) (202) 502–8659.
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Comment Date: 5 p.m. eastern time on 888 First Street, NE., Washington, DC become a party must file a notice of March 29, 2005. 20426. intervention or motion to intervene, as This filing is accessible on-line at appropriate. Such notices, motions, or Linda Mitry, http://www.ferc.gov, using the protests must be filed on or before the Deputy Secretary. ‘‘eLibrary’’ link and is available for comment date. Anyone filing a motion [FR Doc. E5–1413 Filed 3–30–05; 8:45 am] review in the Commission’s Public to intervene or protest must serve a copy BILLING CODE 6717–01–P Reference Room in Washington, DC. of that document on the Applicant. On There is an ‘‘eSubscription’’ link on the or before the comment date, it is not web site that enables subscribers to necessary to serve motions to intervene DEPARTMENT OF ENERGY receive e-mail notification when a or protests on persons other than the document is added to a subscribed Federal Energy Regulatory Applicant. docket(s). For assistance with any FERC Commission The Commission encourages Online service, please e-mail electronic submission of protests and [email protected], or call interventions in lieu of paper using the [Docket No. RP05–157–002] (866) 208–3676 (toll free). For TTY, call ‘‘eFiling’’ link at http://www.ferc.gov. (202) 502–8659. Persons unable to file electronically Saltville Gas Storage Company L.L.C.; should submit an original and 14 copies Notice of Negotiated Rate Magalie R. Salas, of the protest or intervention to the Secretary. March 24, 2005. Federal Energy Regulatory Commission, [FR Doc. E5–1429 Filed 3–30–05; 8:45 am] Take notice that on March 18, 2005 888 First Street, NE., Washington, DC Saltville Gas Storage Company L.L.C. BILLING CODE 6717–01–P 20426. (Saltville) tendered for filing negotiated This filing is accessible on-line at http://www.ferc.gov, using the rate transactions with Virginia Gas DEPARTMENT OF ENERGY Distribution Company, Sequent Energy ‘‘eLibrary’’ link and is available for Management, L.P., the Oak Ridge Utility Federal Energy Regulatory review in the Commission’s Public District, and NJR Energy Services Commission Reference Room in Washington, DC. (collectively, Service Agreements). There is an ‘‘eSubscription’’ link on the Saltville states that the purpose of this [Docket No. EC05–60–000] Web site that enables subscribers to receive email notification when a filing is to comply with the Zilkha Renewable Energy, LLC, Blue Commission’s order issued February 18, document is added to a subscribed Canyon Windpower LLC and GS Wind docket(s). For assistance with any FERC 2005, in Saltville Gas Storage Company Holdings LLC; Notice of Filing L.L.C., 110 FERC ¶ 61,174 (2005). Online service, please email Saltville states that copies of the filing March 24, 2005. [email protected], or call were mailed to all parties on the official Take notice that on March 18, 2005, (866) 208–3676 (toll free). For TTY, call service list maintained by the Zilkha Renewable Energy, LLC, Blue (202) 502–8659. Commission for this proceeding. Canyon Windpower LLC (Blue Canyon), Comment Date: 5 p.m. eastern time on Any person desiring to intervene or to and GS Wind Holdings LLC (GS Wind April 11, 2005. protest this filing must file in Holdings) (collectively, Applicants) Linda Mitry, accordance with Rules 211 and 214 of submitted an application pursuant to Deputy Secretary. the Commission’s Rules of Practice and Section 203 of the Federal Power Act, [FR Doc. E5–1414 Filed 3–30–05; 8:45 am] Procedure (18 CFR 385.211 and seeking authorization for a transaction BILLING CODE 6717–01–P 385.214). Protests will be considered by that would result in the transfer of an the Commission in determining the indirect minority interest in certain appropriate action to be taken, but will transmission facilities associated with DEPARTMENT OF ENERGY not serve to make protestants parties to Blue Canyon’s 45-turbine wind farm, the proceeding. Any person wishing to with a nameplate capability of 74.25 Federal Energy Regulatory become a party must file a notice of megawatts, located in southwestern Commission intervention or motion to intervene, as Oklahoma and in Blue Canyon’s tariff [Docket No. RP05–234–000] appropriate. Such notices, motions, or for sales of power at wholesale to GS protests must be filed in accordance Wind Holdings, and requesting Marathon Oil Company, Complainant v. with the provisions of Section 154.210 expedited consideration of the Trailblazer Pipeline Company, of the Commission’s regulations (18 CFR Application and certain waivers. Respondent; Notice of Complaint 154.210). Anyone filing an intervention Applicants have requested confidential or protest must serve a copy of that treatment of Exhibit B–2 and Exhibit I. March 24, 2005. document on the Applicant. Anyone Applicants state that the Transaction Take notice that on March 22, 2005, filing an intervention or protest on or will have no effect on competition, rates Marathon Oil Company (Marathon) filed before the intervention or protest date or regulation and is in the public a formal complaint against Trailblazer need not serve motions to intervene or interest. Pipeline Company (Trailblazer) protests on persons other than the Any person desiring to intervene or to pursuant to section 206 of the Applicant. protest this filing must file in Commission’s Rules and Regulations The Commission encourages accordance with Rules 211 and 214 of alleging that Trailblazer violated the electronic submission of protests and the Commission’s Rules of Practice and Commission’s Negotiated Rate Policy, interventions in lieu of paper using the Procedure (18 CFR 385.211, 385.214). the Natural Gas Act, the Commission’s ‘‘eFiling’’ link at http://www.ferc.gov. Protests will be considered by the Part 284 Regulations and the Persons unable to file electronically Commission in determining the Commission’s Order authorizing should submit an original and 14 copies appropriate action to be taken, but will Trailblazer to charge negotiated rates, as of the protest or intervention to the not serve to make protestants parties to well as section 38 of the General Terms Federal Energy Regulatory Commission, the proceeding. Any person wishing to and Conditions of Trailblazer’s tariff.
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Marathon alleges that Trailblazer’s [email protected], or call document. For assistance, call (202) rates under FTSX Agreement Nos. (866) 208–3676 (toll free). For TTY, call 502–8222, or (202) 502–8659 (for TTY). 927144 and 919467 are unlawful in that (202) 502–8659. they are the product of the exercise of Magalie R. Salas, Comment Date: 5 p.m. eastern time on Secretary. market power by Trailblazer and are April 13, 2005. unduly discriminatory under section 4 [FR Doc. E5–1419 Filed 3–30–05; 8:45 am] of the Natural Gas Act. Marathon alleges Linda Mitry, BILLING CODE 6717–01–P that Trailblazer failed to offer negotiated Deputy Secretary. rate shippers the cost based recourse [FR Doc. E5–1432 Filed 3–30–05; 8:45 am] rate for its Expansion 2002 FTS service DEPARTMENT OF ENERGY and is charging negotiated rate shippers BILLING CODE 6717–01–P Federal Energy Regulatory vastly different rates for the same Commission service. DEPARTMENT OF ENERGY Marathon requests that the Commission order Trailblazer to [Project No. 382–026 and Project No. 178– Federal Energy Regulatory 017] disgorge and return to Marathon all Commission revenues collected in excess of the applicable cost-of-service rates under Southern California Edison Company FTSX Agreement Nos. 927144 and [Project No. 2232–467] and Pacific Gas & Electric Company; 919467. In addition, Marathon requests Notice of Availability of Draft that the Commission rule that Duke Energy Corporation; Notice of Environmental Assessment Trailblazer may not charge Marathon Availability of Environmental Assessment March 22, 2005. rates higher than the Commission- In accordance with the National approved recourse rates for the March 22, 2005. Environmental Policy Act of 1969 and remaining terms of these agreements. the Federal Energy Regulatory Marathon Oil Company certifies that In accordance with the National Commission’s (Commission) copies of the Complaint were served on Environmental Policy Act of 1969, as regulations, 18 CFR Part 380 (Order No. the contacts for Trailblazer Pipeline amended, and the Federal Energy 486, 52 FR 47897), the Office of Energy Company as listed on the Commission’s Regulatory Commission’s (Commission) Projects has reviewed the applications list of Corporate Officials. regulations (18 CFR Part 380), for license for the Borel Hydroelectric Any person desiring to intervene or to Commission staff have reviewed plans, protest this filing must file in Project (P–382–026) and Kern Canyon filed October 8, 2004, to perform Hydroelectric Project (P–178–017) and accordance with Rules 211 and 214 of embankment seismic stability the Commission’s Rules of Practice and has prepared a Draft Environmental improvement work at Paddy Creek Dam, Assessment (DEA) for the projects. The Procedure (18 CFR 385.211 and part of the Catawba-Wateree Project’s 385.214). Protests will be considered by Borel Hydroelectric Project is located on Bridgewater Development, which is the Kern River near the town of Bodfish the Commission in determining the located on the Catawba River in appropriate action to be taken, but will in Kern County, California. The canal McDowell and Burke counties, North not serve to make protestants parties to intake for the project is located on Carolina. The project occupies nine the proceeding. Any person wishing to approximately 188 acres of Sequoia become a party must file a notice of counties in North Carolina and five National Forest Service lands. The Kern intervention or motion to intervene, as counties in South Carolina. Canyon Hydroelectric Project is located appropriate. The Respondent’s answer The project licensee, Duke Energy on the Kern River, near the Town of and all interventions, or protests must Corporation (Duke Power), plans to add Bakersfield in Kern County, California. be filed on or before the comment date. an earthfill berm to the downstream side The project occupies approximately The Respondent’s answer, motions to of the embankment of Paddy Creek 11.26 acres of public land located intervene, and protests must be served Dam. The work is planned because it within the Sequoia National Forest. on the Complainants. has been determined that Paddy Creek The DEA contains the Staff’s analysis The Commission encourages Dam could fail during the design of the potential environmental impacts electronic submission of protests and seismic event. Accordingly, the of the projects and concludes that interventions in lieu of paper using the Commission required remediation licensing the projects, with appropriate ‘‘eFiling’’ link at http://www.ferc.gov. under Part 12 of its regulations. In the environmental protective measures, Persons unable to file electronically environmental assessment (EA), would not constitute a major federal action that would significantly affect the should submit an original and 14 copies Commission staff has analyzed the quality of the human environment. of the protest or intervention to the probable environmental effects of the A copy of the DEA is on file with the Federal Energy Regulatory Commission, proposed work and has concluded that Commission and is available for public 888 First Street, NE., Washington, DC approval, with appropriate inspection. The DEA is available for 20426. environmental measures, would not This filing is accessible on-line at review at the Commission or may be constitute a major Federal action http://www.ferc.gov, using the viewed on the Commission’s Web site at significantly affecting the quality of the ‘‘eLibrary’’ link and is available for http://www.ferc.gov, using the review in the Commission’s Public human environment. ‘‘eLibrary’’ link. Enter the docket Reference Room in Washington, DC. A copy of the EA is available for number excluding the last three digits in There is an ‘‘eSubscription’’ link on the review at the Commission’s Public the docket number field to access the Web site that enables subscribers to Reference Room, or it may be viewed on document. For assistance, contact FERC receive e-mail notification when a the Commission’s Web site at http:// Online Support at document is added to a subscribed www.ferc.gov using the ‘‘elibrary’’ link. [email protected] or toll- docket(s). For assistance with any FERC Enter the docket number (P–2232) in the free at (866) 208–3676, or for TTY, Online service, please e-mail docket number field to access the contact (202) 502–8659.
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Any comments should be filed within compressor unit at the existing The proposed gas-cooling equipment at 45 days from the issuance date of this launcher-receiver station site located in Compressor Station 17 would be notice and should be addressed to the Section 17, Township 77 North, Range installed in a previously disturbed area. Secretary, Federal Energy Regulatory 5 West, Johnson County, Iowa. NBPL indicates that CIPCO plans to Commission, 888 First Street, NE., 2. Compressor Station No. 17—Install construct a new 1.8-mile long 69- Room 1–A, Washington, DC 20426. additional gas-cooling equipment and kilovolt transmission line (to provide Please affix ‘‘Borel Hydroelectric Project replace the compressor wheel and electrical power to Compressor Station No. 382–026’’ and/or ‘‘Kern Canyon internals on the existing centrifugal 16) ‘‘within state and county road Hydroelectric Project No. 178–017’’ to compressor unit located in Section 13, easements utilizing aboveground and all comments. Comments may be filed Township 79 North, Range 4 East, Scott ‘‘narrow profile’’ construction methods electronically via the internet in lieu of County, Iowa. The proposed to minimize land requirements, paper. The Commission strongly modification would not result in a potential private landowner concerns, encourages electronic filings. See 18 change in hp rating. and environmental impacts that may be CFR 385.2001(a)(1)(iii) and the 3. Compressor Station No. 18— associated with CIPCO’s project. Ground instructions on the Commission’s Web Replace the compressor wheel and disturbance will generally be limited to site under the ‘‘e-filing’’ link. For further internals on the existing centrifugal the areas immediately surrounding the information, contact Emily Carter at compressor unit located in Section 1, base of the power line poles.’’ (202) 502–6512 or [email protected]. Township 17 North, Range 10 East, Bureau County, Illinois. The proposed The EA Process Magalie R. Salas, modification would not result in a The National Environmental Policy Secretary. change in hp rating. Act (NEPA) requires the Commission to [FR Doc. E5–1418 Filed 3–30–05; 8:45 am] NBPL indicates that it would also take into account the environmental BILLING CODE 6717–01–P ‘‘certain install related 2.55(a) auxiliary impacts that could result from an action facilities.’’ whenever it considers the issuance of a NBPL indicates that in order to Certificate of Public Convenience and DEPARTMENT OF ENERGY provide the electric power to operate Necessity. NEPA also requires us to Compressor Station 16, Central Iowa discover and address concerns the Federal Energy Regulatory Power Cooperative (CIPCO) would Commission public may have about proposals. This construct about 1.8 miles of a 69- process is referred to as ‘‘scoping.’’ The [Docket No. CP05–88–000] kilovolt transmission line from its main goal of the scoping process is to existing transmission line north of focus the analysis in the EA on the Northern Border Pipeline Company; Compressor Station 16. NBPL indicates important environmental issues. By this Notice of Intent To Prepare an that CIPCO’s planned power line would Notice of Intent, the Commission staff Environmental Assessment for the be regulated by the Iowa Utilities Board Proposed Chicago III Expansion requests public comments on the scope and CIPCO would need to file for and of the issues to address in the EA. All Project and Request for Comments on obtain the necessary permits and Environmental Issues comments received are considered environmental clearances for its during the preparation of the EA. State March 24, 2005. planned power line facilities. and local government representatives The general location of the project The staff of the Federal Energy are encouraged to notify their facilities is shown in Appendix 1.2 Regulatory Commission (FERC or constituents of this proposed action and Commission) will prepare an Land Requirements for Construction encourage them to comment on their environmental assessment (EA) that will Construction of the proposed facilities areas of concern. 3 discuss the environmental impacts of would occur on previously disturbed In the EA we will discuss impacts the Chicago III Expansion Project land within each of the three that could occur as a result of the involving construction and operation of compressor station sites owned by construction and operation of the facilities by Northern Border Pipeline NBPL. proposed project under these general Company (NBPL) in Johnson and Scott The 16,000-hp electric driven headings: • Counties, Iowa and Bureau County, compressor would be installed on a Geology and soils, Illinois.1 These facilities would consist • Land use, currently designated 10.3-acre • of a new 16,000-horsepower (hp) Compressor Station 16 site which Cultural resources, electric compressor station, installation • Vegetation and wildlife, currently contains an existing NBPL • of additional gas cooling equipment, launcher/receiver facility and Air quality and noise, and changing internals and wheel of • Endangered and threatened species, microwave tower. NBPL would also • compressors. This EA will be used by Hazardous waste, construct and maintain a new access • the Commission in its decision-making road to the compressor station. Water resources and fisheries. process to determine whether the The proposed modifications for the We will also evaluate possible project is in the public convenience and compressor wheels and internals at alternatives to the proposed project or necessity. Compressor Stations 17 and 18 would portions of the project, and make occur within the compressor buildings. recommendations on how to lessen or Summary of the Proposed Project avoid impacts on the various resource NBPL proposes to construct, modify, 2 The appendices referenced in this notice are not areas. install and operate the following being printed in the Federal Register. Copies of all Our independent analysis of the facilities: appendices, other than Appendix 1 (maps), are issues will be in the EA. Depending on 1. Compressor Station No. 16—Install available on the Commission’s Web site at the the comments received during the ‘‘eLibrary’’ link or from the Commission’s Public one new 16,000-hp electric driven Reference Room, 888 First Street, NE., Washington, scoping process, the EA may be DC 20426, or call (202) 502–8371. For instructions 1 NBPL’s application was filed with the on connecting to eLibrary refer to the last page of 3 ’’We’’, ‘‘us’’, and ‘‘our’’ refer to the Commission under section 7 of the Natural Gas Act this notice. Copies of the appendices were sent to environmental staff of the Office of Energy Projects and part 157 of the Commission(s regulations. all those receiving this notice in the mail. (OEP).
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published and mailed to federal, state, Becoming an Intervenor Commission, such as orders, notices, and local agencies, public interest In addition to involvement in the EA and rulemakings. groups, interested individuals, affected scoping process, you may want to In addition, the Commission now landowners, newspapers, libraries, and become an official party to the offers a free service called eSubscription the Commission(s official service list for proceeding known as an ‘‘intervenor.’’ which allows you to keep track of all this proceeding. A comment period will Intervenors play a more formal role in formal issuances and submittals in be allotted for review if the EA is the process. Among other things, specific dockets. This can reduce the published. We will consider all intervenors have the right to receive amount of time you spend researching comments on the EA before we make copies of case-related Commission proceedings by automatically providing our recommendations to the documents and filings by other you with notification of these filings, Commission. intervenors. Likewise, each intervenor document summaries and direct links to To ensure your comments are must send one electronic copy (using the documents. Go to http:// considered, please carefully follow the the Commission’s eFiling system) or 14 www.ferc.gov/esubscribenow.htm. instructions in the public participation paper copies of its filings to the Finally, public meetings or site visits section below. Secretary of the Commission and must will be posted on the Commission’s calendar located at http://www.ferc.gov/ Public Participation send a copy of its filings to all other parties on the Commission’s service list EventCalendar/EventsList.aspx along You can make a difference by for this proceeding. If you want to with other related information. providing us with your specific become an intervenor you must file a Magalie R. Salas, comments or concerns about the project. motion to intervene according to Rule Secretary. By becoming a commentor, your 214 of the Commission’s Rules of [FR Doc. E5–1424 Filed 3–30–05; 8:45 am] concerns will be addressed in the EA Practice and Procedure (18 CFR and considered by the Commission. You 385.214) (see Appendix 2).4 Only BILLING CODE 6717–01–P should focus on the potential intervenors have the right to seek environmental effects of the proposal, rehearing of the Commission’s decision. DEPARTMENT OF ENERGY alternatives to the proposal, and Affected landowners and parties with measures to avoid or lessen environmental concerns may be granted Federal Energy Regulatory environmental impact. The more intervenor status upon showing good Commission specific your comments, the more useful cause by stating that they have a clear they will be. Please carefully follow and direct interest in this proceeding Notice of Application for Non-Project these instructions to ensure that your which would not be adequately Use of Project Lands and Waters and comments are received in time and represented by any other parties. You do Soliciting Comments, Motions To properly recorded: not need intervenor status to have your Intervene, and Protests • Send an original and two copies of environmental comments considered. your letter to: Magalie R. Salas, March 22, 2005. Environmental Mailing List Secretary, Federal Energy Regulatory Take notice that the following Commission, 888 First St., NE., Room An effort is being made to send this application has been filed with the 1A, Washington, DC 20426. notice to all individuals, organizations, Commission and is available for public • Label one copy of the comments for and government entities interested in inspection: the attention of Gas Branch 2. and/or potentially affected by the a. Application Type: Non-Project Use • Reference Docket No. CP05–88– proposed project. This includes all Of Project Lands And Waters. 000. landowners whose property may be b. Project No.: 2503–086. c. Date Filed: March 3, 2005. • Mail your comments so that they used temporarily for project purposes, or who own homes within distances d. Applicant: Duke Power, a division will be received in Washington, DC on of Duke Energy Corporation. or before April 25, 2005. defined in the Commission’s regulations of certain aboveground facilities. e. Name of Project: Keowee-Toxaway. Please note that we are continuing to f. Location: The project is located on experience delays in mail deliveries Additional Information Lake Keowee in Oconee County, South from the U.S. Postal Service. As a result, Additional information about the Carolina. The project does not utilize we will include all comments that we project is available from the federal or tribal lands. receive within a reasonable time frame Commission’s Office of External Affairs, g. Filed Pursuant to: Federal Power in our environmental analysis of this at 1–866–208–FERC or on the FERC Act, 16 U.S.C. 791(a), 825(r) and 799 project. However, the Commission Internet Web site (http://www.ferc.gov) and 801. strongly encourages electronic filing of using the eLibrary link. Click on the h. Applicant Contact: Mr. Joe Hall, any comments or interventions or eLibrary link, click on ‘‘General Search’’ Lake Management Representative, Duke protests to this proceeding. See 18 CFR and enter the docket number excluding Energy Corporation, P.O. Box 1006, 385.2001(a)(1)(iii) and the instructions the last three digits in the Docket Charlotte, NC 28201–1006, 704–382– on the Commission’s Web site at Number field. Be sure you have selected 8576. http://www.ferc.gov under the ‘‘e- an appropriate date range. For i. FERC Contact: Any questions on Filing’’ link and the link to the User’s assistance, please contact FERC Online this notice should be addressed to Kate Guide. Before you can file comments Support at [email protected] DeBragga at (202) 502–8961, or by e- you will need to create a free account or toll free at 1–866–208–3676, or for mail: [email protected]. which can be created online. TTY, contact (202) 502–8659. The j. Deadline for filing comments and or We may mail the EA for comment. If eLibrary link also provides access to the motions: April 22, 2005. you are interested in receiving it, please texts of formal documents issued by the All documents (original and eight return the Information Request copies) should be filed with: Ms. (Appendix 3). If you do not return the 4 Interventions may also be filed electronically via Magalie R. Salas, Secretary, Federal Information Request, you will be taken the Internet in lieu of paper. See the previous Energy Regulatory Commission, 888 off the mailing list. discussion on filing comments electronically. First Street, NE., Washington DC 20426.
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Please include the project number (P– o. Filing and Service of Responsive All documents (original and eight 2503–086) on any comments or motions Documents: Any filings must bear in all copies) should be filed with: Ms. filed. Comments, protests, and capital letters the title ‘‘COMMENTS’’, Magalie R. Salas, Secretary, Federal interventions may be filed electronically ‘‘RECOMMENDATIONS FOR TERMS Energy Regulatory Commission, 888 via the internet in lieu of paper. See 18 AND CONDITIONS’’, ‘‘PROTEST’’, OR First Street, NE., Washington, DC 20426. CFR 385.2001(a)(1)(iii) and the ‘‘MOTION TO INTERVENE’’, as Please include the project number instructions on the Commission’s web applicable, and the Project Number of (P–349–096) on any comments or site under the ‘‘e-Filing’’ link. The the particular application to which the motions filed. Comments, protests, and Commission strongly encourages e- filing refers. A copy of any motion to interventions may be filed electronically filings. intervene must also be served upon each via the internet in lieu of paper. See 18 k. Description of Request: Duke representative of the Applicant CFR 385.2001(a)(1)(iii) and the Power, licensee for the Keowee- specified in the particular application. instructions on the Commission’s Web Toxaway Hydroelectric Project, has p. Agency Comments: Federal, state, site under the ‘‘e-Filing’’ link. The requested Commission approval to lease and local agencies are invited to file Commission strongly encourages 3.79 acres of project land for non-project comments on the described e-filings. use. Duke Power proposes to lease these applications. A copy of the applications k. Description of Proposal: Alabama lands to Waterside Crossing Owners may be obtained by agencies directly Power Company is requesting Association, Inc., and Crescent from the Applicant. If an agency does Commission approval to permit The Communities S.C, LLC, for the purpose not file comments within the time Profile Group to use project lands to of constructing a commercial/residential specified for filing comments, it will be build a 1700-foot-long walkway along marina. The marina facilities will presumed to have no comments. One the shoreline and 19 dock structures consist of 12 cluster docks with a total copy of an agency’s comments must also with 128 boat slips for the private use of 117 boat docking locations. The be sent to the Applicant’s of residents of condominiums that will cluster docks will consist of a steel representatives. be constructed on non-project lands. frame and treated wood deck. The docks The proposed facilities are on two will be constructed offsite and floated Magalie R. Salas, parcels bordering portions of two coves into place. No dredging is proposed. In Secretary. on either side of Sunset Pointe Drive association with the proposed marina, [FR Doc. E5–1420 Filed 3–30–05; 8:45 am] within the StillWaters Resort near the licensee is also requesting BILLING CODE 6717–01–P Dadeville, Tallapoosa County, Alabama. Commission authority to approve an l. Location of the Applications: The irrigation intake and boat pump-out. filings are available for review at the The marina facilities will provide access DEPARTMENT OF ENERGY Commission in the Public Reference to Lake Oconee for the residents of the Room, located at 888 First Street, NE., Waterside Crossing community, located Federal Energy Regulatory Room 2A, Washington, DC 20426, or in Oconee County, North Carolina. Commission may be viewed on the Commission’s l. Location of the Application: This Web site at http://www.ferc.gov using filing is available for review at the Notice of Application for Non-Project the ‘‘eLibrary’’ link. Enter the docket Commission or may be viewed on the Use of Project Lands and Waters and number excluding the last three digits in Commission’s Web site at http:// Soliciting Comments, Motions To the docket number field to access the www.ferc.gov, using the ‘‘eLibrary’’ link. Intervene, and Protests document. For assistance, please call Enter the docket number excluding the March 22, 2005. the Helpline at (866) 208–3676 or last three digits in the docket number Take notice that the following contact [email protected]. field to access the document. For application has been filed with the For TTY, contact (202) 502–8659. assistance, contact FERC Online Commission and is available for public m. Individuals desiring to be included Support at inspection: on the Commission’s mailing list should [email protected] or toll- a. Application Type: Non-Project Use so indicate by writing to the Secretary free at (866) 208–3676, or for TTY, of Project Lands and Waters. of the Commission. contact (202) 502–8659. b. Project No: 349–096. n. Comments, Protests, or Motions to m. Individuals desiring to be included c. Date Filed: March 4, 2005. Intervene: Anyone may submit on the Commission’s mailing list should d. Applicant: Alabama Power comments, a protest, or a motion to so indicate by writing to the Secretary Company. intervene in accordance with the of the Commission. e. Name of Project: Martin Dam requirements of Rules of Practice and n. Comments, Protests, or Motions to Hydroelectric Project. Procedure, 18 CFR 385.210, 385.211, Intervene: Anyone may submit f. Location: Lake Martin in Tallapoosa 385.214. In determining the appropriate comments, a protest, or a motion to County, Alabama. This project does not action to take, the Commission will intervene in accordance with the occupy any federal or tribal lands. consider all protests or other comments requirements of Rules of Practice and g. Filed Pursuant to: Federal Power filed, but only those who file a motion Procedure, 18 CFR 385.210, 385.211, Act, 16 U.S.C. 791(a), 825(r), and 799 to intervene in accordance with the 385.214. In determining the appropriate and 801. Commission’s Rules may become a action to take, the Commission will h. Applicant Contact: Mr. Keith E. party to the proceeding. Any comments, consider all protests or other comments Bryant, Sr. Engineer, Hydro Services, protests, or motions to intervene must filed, but only those who file a motion Alabama Power, 600 North 18th Street, be received on or before the specified to intervene in accordance with the Post Office Box 2641, Birmingham, comment date for the particular Commission’s Rules may become a Alabama, 35291, (205) 257–1403. application. party to the proceeding. Any comments, i. FERC Contacts: Any questions on o. Filing and Service of Responsive protests, or motions to intervene must this notice should be addressed to Ms. Documents: Any filings must bear in all be received on or before the specified Shana High at (202) 502–8674. capital letters the title ‘‘COMMENTS’’, comment date for the particular j. Deadline for filing comments and or ‘‘RECOMMENDATIONS FOR TERMS application. motions: April 22, 2005. AND CONDITIONS’’, ‘‘PROTEST’’, OR
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‘‘MOTION TO INTERVENE’’, as 602 of the Commission’s Rules of free at 1–866–208–3676, or for TTY, applicable, and the Project Number of Practice and Procedure, 18 CFR 385.602. (202) 502–8659. A copy is also available the particular application to which the h. Applicant Contact: Frank C. Shrier, for inspection and reproduction at the filing refers. A copy of any motion to Lead Project Manager, Hydro Licensing, address in item h above. intervene must also be served upon each PacifiCorp, 825 NE. Multnomah Street, You may also register online at representative of the Applicant Suite 1500, Portland, Oregon 97232; http://www.ferc.gov/docs-filing/ specified in the particular application. Telephone (503) 813–6622. esubscription.asp to be notified via p. Agency Comments: Federal, state, i. FERC Contact: Jon Cofrancesco at e-mail of new filings and issuances and local agencies are invited to file (202) 502–8951; or e-mail at related to this or other pending projects. comments on the described [email protected]. For assistance, contact FERC Online applications. A copy of the applications j. Deadline for filing comments: 20 Support. may be obtained by agencies directly days from the filing date. Reply from the Applicant. If an agency does comments due 30 days from the filing Magalie R. Salas, not file comments within the time date. Secretary. specified for filing comments, it will be All documents (original and eight [FR Doc. E5–1422 Filed 3–30–05; 8:45 am] presumed to have no comments. One copies) should be filed with: Magalie R. BILLING CODE 6717–01–P copy of an agency’s comments must also Salas, Secretary, Federal Energy be sent to the Applicant’s Regulatory Commission, 888 First representatives. Street, NE., Washington, DC 20426. DEPARTMENT OF ENERGY q. Comments, protests and The Commission’s Rules of Practice Federal Energy Regulatory interventions may be filed electronically require all intervenors filing documents Commission via the Internet in lieu of paper. See, 18 with the Commission to serve a copy of CFR 385.2001(a)(1)(iii) and the that document on each person on the [Project No. 2539–003] instructions on the Commission’s Web official service list for the project. site at http://www.ferc.gov under the Further, if an intervenor files comments Erie Boulevard Hydropower, L.P.; ‘‘e-Filing’’ link. or documents with the Commission Notice of Settlement Agreement relating to the merits of an issue that Accepted for Filing and Soliciting Magalie R. Salas, may affect the responsibilities of a Comments Secretary. particular resource agency, they must [FR Doc. E5–1421 Filed 3–30–05; 8:45 am] also serve a copy of the document on March 24, 2005. BILLING CODE 6717–01–P that resource agency. Take notice that the following Comments may be filed electronically settlement agreement has been filed via the Internet in lieu of paper. The with the Commission and is available DEPARTMENT OF ENERGY Commission strongly encourages for public inspection. electronic filings. See 18 CFR a. Type of Application: Settlement Federal Energy Regulatory 385.2001(a)(1)(iii) and the instructions agreement. Commission on the Commission’s Web site (http:// b. Project No.: 2539–003. www.ferc.gov) under the ‘‘e-Filing’’ link. c. Date Filed: March 9, 2005. Notice of Settlement Agreement and k. PacifiCorp and American Rivers d. Applicant: Erie Boulevard Soliciting Comments have entered into an agreement for the Hydropower, L.P. March 22, 2005. purpose of, under certain e. Name of Project: School Street Take notice that the following circumstances, further enhancing Hydroelectric Project settlement agreement has been filed reservoir survival of salmonids in f. Location: On the Mohawk River in with the Commission and is available addition to the measures in the Albany and Saratoga county, New York. for public inspection. comprehensive settlement agreement The project does not occupy any Federal a. Type of Application: Settlement previously filed for the licensing or tribal lands. Agreement. proceedings for these projects and the g. Filed Pursuant to: Federal Power b. Project Nos.: 2071–013; 2111–018; Swift No. 2 Project (P–2213–011), in Act, 16 U.S.C. 791(a)–825(r) and Rule and 935–053. December 2004. The agreement 602 of the Commission’s Rules of c. Date Filed: March 15, 2005. concerns the evaluation of the causes of Practice and Procedure, 18 CFR 385.602. d. Applicant: PacifiCorp. reservoir mortality for salmonids and h. Applicant Contact: Jerry L. Sabattis, e. Name of Projects: Yale the funding of appropriate improvement Hydro Licensing Coordinator, Brascan Hydroelectric Project (2071); Swift No. 1 measures to address reservoir mortality. Power New York, 225 Greenfield Hydroelectric Project (2111); and The parties request the Commission Parkway, Suite 201, Liverpool, NY Merwin Hydroelectric Project (935). accept the settlement agreement in its 13088; Telephone (315) 413–2787; e- f. Location: On the North Fork Lewis license orders without material mail—[email protected]. River, in Cowlitz, Clark, and Skamania modification. i. FERC Contact: Emily Carter at (202) County Washington. The Yale and l. A copy of the settlement agreement 502–6512; or e-mail at Merwin Projects occupy 84 and 142.15 is available for review at the [email protected]. acres, respectively, of Federal land Commission in the Public Reference j. Deadline for filing comments on the administered by the Bureau of Land Room or may be viewed on the settlement is 20 days from the issuance Management. The Swift No. 1 Project Commission’s Web site at http:// of this notice; reply comments are due occupies 63.25 acres of Federal land www.ferc.gov using the ‘‘eLibrary’’ link. 30 days from the issuance date of this administered by the Bureau of Land Enter the docket number excluding the notice. Management and 229.00 acres of last three digits in the docket number All documents (original and eight Federal lands administered by the U.S. field to access the document. For copies) should be filed with: Magalie R. Forest Service. assistance, contact FERC Online Salas, Secretary, Federal Energy g. Filed Pursuant to: Federal Power Support at Regulatory Commission, 888 First Act, 16 U.S.C. 791(a)–825(r) and Rule [email protected] or toll- Street, NE., Washington, DC 20426.
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Comments may be filed electronically furnish the name, address, and to nominate themselves as speakers via the Internet in lieu of paper. The telephone number of the person should do so using this electronic link: Commission strongly encourages commenting; and (4) otherwise comply http://www.ferc.gov/whats-new/ electronic filings. See 18 CFR with the requirements of 18 CFR registration/coal-05-13-speaker- 385.2001(a)(1)(iii) and the instructions 385.2001 through 385.2005. All form.asp. Such nominations must be on the Commission’s Web site (http:// comments must set forth their made before the close of business www.ferc.gov) under the ‘‘e-Filing’’ link. evidentiary basis and otherwise comply Friday, April 1, 2005, so that a final k. The Project Description: with the requirements of 18 CFR 4.34(b). agenda for the technical conference can The School Street Project consists of: Agencies may obtain copies of the be drafted and published. (1) A 1,280-foot-long and 16-foot-high settlement directly from the applicant. Although registration is not a strict masonry gravity dam; (2) a reservoir A copy of all filings in reference to this requirement, in-person attendees are with a surface area of approximately 100 application must be accompanied by asked to register for the conference on- acres and a storage capacity of about 788 proof of service on all persons listed in line by close of business on May 10, acre-feet; (3) a concrete, chute-type the service list prepared by the 2005 at http://www.ferc.gov/whats-new/ spillway; (4) a 4,400-foot-long, 150-foot- Commission in this proceeding, in registration/coal-05-13-form.asp. wide, and 14-foot-deep diversion canal; accordance with 18 CFR 4.34(b) and Transcripts of the conference will be (5) a 170-foot by 78-foot powerhouse 385.2010. immediately available from Ace located downstream from the dam You may also register online at Reporting Company (202–347–3700 or containing five generating units with a http://www.ferc.gov/docs-filing/ 1–800–266–6646) for a fee. They will be combined capacity of 38.8 megawatts esubscription.asp to be notified via available for the public on the (MW); and (6) appurtenant facilities. email of new filings and issuances Commission’s eLibrary system and on l. Erie Boulevard Hydropower filed related to this or other pending projects. the calendar page posting for this event the settlement agreement on March 9, For assistance, contact FERC Online seven calendar days after FERC receives 2005, on behalf of themselves and six Support. the transcript. Additionally, Capitol parties to resolve, among the signatories, Connection offers the opportunity for issues related to the pending application Magalie R. Salas, remote listening of the conference via for new major license for the School Secretary. Real Audio or a Phone Bridge Street Hydroelectric Project. The [FR Doc. E5–1428 Filed 3–30–05; 8:45 am] Connection for a fee. Persons interested settlement includes measures for run-of- BILLING CODE 6717–01–P in making arrangements should contact river operations, instream flows, aquatic David Reininger or Julia Morelli at habitat, aesthetic flows, fish protection Capitol Connection (703–933–3100) as and downstream passage, recreation, DEPARTMENT OF ENERGY soon as possible or visit the Capitol cultural resources, monitoring and Federal Energy Regulatory Connection Web site at http:// evaluation, and coordination among the www.capitolconnection.org and click on parties. The parties request the Commission ‘‘FERC.’’ Commission accept the relevant [Docket No. AD05–3–000] For additional information, please provisions of the settlement agreement contact Sarah McKinley at 202–502– in its license orders without material Promoting Regional Transmission 8004, [email protected]. modification. Planning and Expansion To Facilitate n. Copies of the settlement are Fuel Diversity Including Expanded Magalie R. Salas, available for review in the Public Uses of Coal-Fired Resources; Secretary. Reference Room at the Commission or Supplemental Notice of Technical [FR Doc. E5–1417 Filed 3–30–05; 8:45 am] may be viewed on the Commission’s Conference BILLING CODE 6717–01–P Web site at http://www.ferc.gov using the ‘‘eLibrary’’ link. Enter the docket March 21, 2005. number, excluding the last three digits As announced in a Notice of DEPARTMENT OF ENERGY in the docket number field, to access the Technical Conference issued on document. For assistance, contact FERC February 16, 2005 in the above Federal Energy Regulatory Online Support at referenced proceedings, a technical Commission conference will be held on Friday, May [email protected] or toll- [Docket Nos. AD05–5–000 and PL03–1–000] free at 1–866–208–3676, or for TTY, 13, 2005, to identify regional solutions (202) 502–8659. Copies are also to promoting regional transmission Transmission Independence and available for inspection and planning, expansion and enhancement Investment and Pricing Policy for reproduction at the address listed in to facilitate fuel diversity including Efficient Operation and Expansion of item ‘‘h’’. increased integration of coal-fired the Transmission Grid; Notice of o. Anyone may submit comments in resources to the transmission grid. The Technical Conference accordance with the requirements of conference will be held at the Rules of Practice and Procedure, 18 CFR Charleston Marriott Town Center, 200 March 21, 2005. 385.210, .211, .214. In determining the Lee Street East, Charleston, West Take notice that on April 22, 2005, appropriate action to take, the Virginia 25301. Take note that the the Federal Energy Regulatory Commission will consider all comments conference is now scheduled to begin at Commission will hold a technical filed. Any comments must be received 8:30 a.m. (instead of 9 a.m.) and end at conference to examine impediments to on or before the specified comment approximately 5 p.m. (EDT). The investment in electric transmission date. Commissioners will attend and infrastructure and explore potential All filings must (1) bear in all capital participate. solutions—including the formation of letters the title ‘‘COMMENTS’’ or A proposed agenda is attached. The new business models as well as ‘‘REPLY COMMENTS;’’ (2) set forth in Commission is now soliciting appropriate ratemaking policies that the heading the name of the applicant nominations for speakers at the would encourage new investment in and the project number (P–2539); (3) technical conference. Persons wishing transmission. The technical conference
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will be held at the offices of the the Capitol Connection Web site at associated with, but not a part of, the Commission at 888 First Street, NE., http://www.capitolconnection.gmu.edu decisional record of the proceeding. Washington, DC. The technical and click on ‘‘FERC.’’ Unless the Commission determines that conference is tentatively scheduled to Commission conferences are the prohibited communication and any begin at 9 a.m. and end at accessible under section 508 of the responses thereto should become a part approximately 4:30 p.m. (EST). Rehabilitation Act of 1973. For of the decisional record, the prohibited Commissioners are expected to attend accessibility accommodations, please off-the-record communication will not and participate. send an e-mail to [email protected] be considered by the Commission in Among the issues that panelists will or call toll-free 866–208–3372 (voice) or reaching its decision. Parties to a be asked to address are: 202–208–1659 (TTY), or send a FAX to proceeding may seek the opportunity to • Is the transmission grid being 202–208–2106 with the required respond to any facts or contentions expanded and improved in ways that accommodations. made in a prohibited off-the-record Additional details and the Agenda for support regional reliability and market communication, and may request that this technical conference will be needs? the Commission place the prohibited • What are the barriers to needed included in a supplemental notice to be communication and responses thereto transmission investment? issued later. You are encouraged to in the decisional record. The • Has the risk profile of transmission watch for additional notices. investments changed? If so, what are the For additional information please Commission will grant such a request implications for Commission policy? contact Saida Shaalan, 202–502–8278 or only when it determines that fairness so • What rate-making policies will [email protected]. requires. Any person identified below as having made a prohibited off-the-record encourage investment in electric Magalie R. Salas, transmission infrastructure? Are special communication shall serve the Secretary. incentives appropriate to encourage document on all parties listed on the investment in electric transmission [FR Doc. E5–1416 Filed 3–30–05; 8:45 am] official service list for the applicable infrastructure? Who should, and is most BILLING CODE 6717–01–P proceeding in accordance with Rule likely to, make those investments? 2010, 18 CFR 385.2010. • Should the formation of DEPARTMENT OF ENERGY Exempt off-the-record transmission-only companies be communications are included in the encouraged? If so, how? Federal Energy Regulatory decisional record of the proceeding, • What new technologies are Commission unless the communication was with a available to enhance transmission cooperating agency as described by 40 [Docket No. RM98–1–000] reliability and efficiency? CFR 1501.6, made under 18 CFR The technical conference will be open Records Governing Off-the Record 385.2201(e)(1)(v). to the public with no registration or fee. A transcript of the technical Communications; Public Notice The following is a list of off-the- record communications recently conference will be available from Ace March 23, 2005. received in the Office of the Secretary. Reporting Company (202–347–3700 or This constitutes notice, in accordance 800–336–6646) for a fee. It will be with 18 CFR 385.2201(b), of the receipt The communications listed are grouped available for the public on the of prohibited and exempt off-the-record by docket numbers in ascending order. Commission’s eLibrary system ten communications. These filings are available for review at calendar days after the Commission Order No. 607 (64 FR 51222, the Commission in the Public Reference receives the transcript. Additionally, September 22, 1999) requires Room or may be viewed on the Capitol Connection offers the Commission decisional employees, who Commission’s Web site at http:// opportunity for remote listening and make or receive a prohibited or exempt www.ferc.gov using the eLibrary viewing of the conference. It is available off-the-record communication relevant (FERRIS) link. Enter the docket number, for a fee, live over the Internet, by phone to the merits of a contested proceeding, excluding the last three digits, in the or via satellite. Persons interested in to deliver to the Secretary, a copy of the docket number field to access the receiving the broadcast, or who need communication, if written, or a document. For assistance, please contact information on making arrangements summary of the substance of any oral FERC, Online Support at should contact David Reininger or Julia communication. [email protected] or toll Morelli at Capitol Connection (703– Prohibited communications are free at (866) 208–3676, or for TTY, 993–3100) as soon as possible or visit included in a public, non-decisional file contact (202) 502–8659.
Docket No. Date filed Presenter or requester
Prohibited: 1. CP04–36–000, CP04–41–000, CP04–223–000, CP04– 3–7–05 Roger Mandle. 293–000. 2. CP04–36–000, CP04–41–000, CP04–223–000, CP04– 3–14–05 Captain Benjamin C. Riggs, Jr. 293–000. 3. EL04–102–000, ER03–563–030 ...... 2–28–05 James J. Cullen. 4. EL04–102–000, ER03–563–030 ...... 2–28–05 H. McKinnell. 5. EL04–102–000, ER03–563–030 ...... 2–28–05 Anne M. Mulcahy. 6. EL04–102–000, ER03–563–030 ...... 2–28–05 David H. Stahelski. 7. EL04–102–000, ER03–563–030 ...... 3–2–05 Steven Townsend. 8. EL04–102–000, ER03–563–030 ...... 3–4–05 James C. Smith. 9. EL04–102–000, ER03–563–030 ...... 3–7–05 Robert W. Behn. 10. EL04–102–000, ER03–563–030 ...... 3–7–05 John A. Klein.
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Docket No. Date filed Presenter or requester
11. EL04–102–000, ER03–563–030 ...... 3–7–05 Greg O’Brien. 12. EL04–102–000, ER03–563–030 ...... 3–8–05 Carl N. Siemon. 13. EL04–120–000, ER03–563–030 ...... 3–14–05 John P. Casey. 14. Project No. 8657–000 ...... 3–17–05 Shannon Maher, Monica Maynard, John W. Montgomery, Jr., Paul V. Nolan, Michael C. Odom, Thomas A. Pursley, Charles F. Reusch, Steven F. Rothman, David W. Suther- land.1 Exempt: 1. Project No. 8657–000, ...... 3–17–05 Monica Maynard, Dick Quinn, Steven F. Rothman, Alan Wea- ver.2 2. Project No. 2210–108 ...... 3–9–05 Hon. Bob Goodlatte. 1 This document is one of twenty-two prohibited off-the-record communications associated with Project No. 8657–000. These documents in- clude meeting notes and email correspondence which span a time frame from March 2004 to March 2005. These twenty-one documents, gen- erated by the presenters listed above, will be placed in a public, non-decisional file for this proceeding. 2 This document is one of seven exempt off-the-record communications associated with Project No. 8657–0000. These documents include meeting notes and email correspondence which span a time frame from September 2003 to March 2004. These exempt communications, gen- erated by the presenters listed above, will be included in the decisional record for this docket.
Magalie R. Salas, DEPARTMENT OF HEALTH AND environmental or occupational Secretary. HUMAN SERVICES medicine, behavioral science, risk [FR Doc. E5–1415 Filed 3–30–05; 8:45 am] assessment, exposure assessment, and Centers for Disease Control and BILLING CODE 6717–01–P experts in public health and other Prevention related disciplines will be considered. Consideration is given to representation Request for Nominations of from diverse geographic areas, gender, Candidates To Serve on the Board of FEDERAL ELECTION COMMISSION ethnic and minority groups, and the Scientific Counselors, National Center disabled. Members may be invited to for Environmental Health/Agency for Sunshine Act Meeting serve up to four-year terms. Nominees Toxic Substances and Disease must be U.S. citizens. Registry, Centers for Disease Control The following information must be DATE AND TIME: Tuesday, April 5, 2005 and Prevention, Department of Health submitted for each candidate: name, at 10 a.m. and Human Services (HHS) affiliation, address, telephone number, PLACE: and current curriculum vitae. E-mail 999 E Street, NW., Washington, The National Center for addresses are requested if available. DC. Environmental Health/Agency for Toxic Nominations should be sent, in STATUS: This meeting will be closed to Substances and Disease Registry (NCEH/ writing, and postmarked by April 30, the public. ATSDR) is soliciting nominations for possible membership on the Board of 2005 to: Sandra Malcom, Committee Items to be discussed: Compliance Scientific Counselors. This Board Management Specialist, NCEH/ATSDR, matters pursuant to 2 U.S.C. 437g. provides advice and guidance to the Centers for Disease Control and Audits conducted pursuant to 2 Secretary, HHS; the Director, CDC; and Prevention, 1600 Clifton Road, NE., U.S.C. 437g, 438(b), and Title 26, U.S.C. the Director, NCEH/ATSDR, regarding (MS–E28), Atlanta, Georgia 30333. Telephone and facsimile submissions Matters concerning participation in program goals, objectives, strategies, and priorities in fulfillment of the agencies’ cannot be accepted. civil actions or proceedings or mission to protect and promote people’s The Director, Management Analysis arbitration. health. The Board provides advice and and Services Office, has been delegated Internal personnel rules and guidance to help NCEH/ATSDR work the authority to sign Federal Register procedures or matters affecting a more efficiently and effectively with its notices pertaining to announcements of particular employee. various constituents and to fulfill its meetings and other committee mission in protecting America’s health. management activities for both CDC and PERSON TO CONTACT FOR INFORMATION: the National Center for Environmental Nominations are being sought for Mr. Robert Biersack, Press Officer, Health/Agency for Toxic Substances individuals who have expertise and Telephone: (202) 694–1220. and Disease Registry. qualifications necessary to contribute to Mary W. Dove, the accomplishments of the Board’s Dated: March 23, 2005. Secretary to the Commission. objectives. Nominees will be selected Alvin Hall, [FR Doc. 05–6519 Filed 3–29–05; 3:16 pm] from experts having experience in Director, Management Analysis and Services Office, Centers for Disease Control and BILLING CODE 6715–01–M preventing human diseases and disabilities caused by environmental Prevention. conditions. Experts in the disciplines of [FR Doc. 05–6340 Filed 3–30–05; 8:45 am] toxicology, epidemiology, BILLING CODE 4163–18–P
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DEPARTMENT OF HEALTH AND Program, MRTC is able to share its Dated: March 25, 2005. HUMAN SERVICES research findings and work with the William P. Nichols, Ministry of Health to adapt them into Director, Procurement and Grants Office, Centers for Disease Control and policy and programs. For more than a Centers for Disease Control and Prevention. Prevention decade, MRTC has been working with [FR Doc. 05–6344 Filed 3–30–05; 8:45 am] all levels of the Ministry of Health to BILLING CODE 4163–18–P Antimalarial Drug Resistance and conduct health research. MRTC Prevention of Malaria During conducts its own data entry and has Pregnancy; Notice of Intent To Fund developed and built data management DEPARTMENT OF HEALTH AND Single Eligibility Award and analytic capacity within the Center. HUMAN SERVICES A. Purpose The team at MRTC has extensive experience in the conduct of in vivo Centers for Disease Control and The Centers for Disease Control and antimalarial drug efficacy studies, Prevention Prevention (CDC) announces the intent supporting laboratory investigations to fund fiscal year (FY) 2005 funds for (molecular marker identification, Disease, Disability, and Injury a cooperative agreement program to measurement of antimalarial drug Prevention and Control Special increase the epidemiological and levels, identification of P. falciparum Emphasis Panel: Mining Occupational operational data generated in the West phenotype, and in vitro efficacy Safety and Health Research, Request African sub-region upon which policy studies), and the conduct of malaria for Application OH–05–005 makers can base their decisions and during pregnancy research. MRTC bring cutting edge malaria control tools scientists and collaborators have In accordance with section 10(a)(2) of from the bench to the field. The Catalog numerous published scientific papers the Federal Advisory Committee Act of Federal Domestic Assistance number indicating the scientific soundness of (Pub. L. 92–463), the Centers for Disease for this program is 93.283. research conducted by the Center. Control and Prevention (CDC) announces the following meeting: B. Eligible Applicant The combination of access and an Assistance will be provided only to institutional linkage to the Ministry of Name: Disease, Disability, and Injury the Malarial Research and Training Health, experience conducting Prevention and Control Special Emphasis Panel (SEP): Mining Occupational Safety and Center (MRTC), Department of antimalarial drug resistance work in Mali, equipment for the conduct of Health Research, Request for Application Epidemiology and Parasitic Diseases, OH–05–005. Faculty of Medicine and Dentistry, polymerase chain reaction (PCR), Times and Dates: 6 p.m.–8 p.m., April 19, University of Bamako, Mali. laboratory expertise in P. falciparum 2005 (Closed). 8 a.m.–5 p.m., April 20, 2005 The Malaria Research and Training antimalarial drug resistance marker (Closed). 8 a.m.–5 p.m., April 21, 2005 Center (MRTC) is the only institution in identification, international stature in (Closed). West Africa that has the experience and research on malaria during pregnancy, Place: Embassy Suites Hotel, 1900 infrastructure required. The MRTC experience in conducting trials Diagonal Road, Alexandria, VA 22314, designed and developed the Genotype regarding malaria during pregnancy in telephone (703) 684–5900. Resistance Index (GRI), a crucial Mali, the expertise to read placental Status: The meeting will be closed to the component of the proposed work. malaria blood slides, an infrastructure public in accordance with provisions set capable of data management and forth in section 552b(c)(4) and (6), Title 5 MRTC has also conducted the only full U.S.C., and the Determination of the Director, scale randomized controlled trial analysis, and a reputation for Management Analysis and Services Office, comparing chemoprophylaxis and conducting sound scientific work makes CDC, pursuant to Public Law 92–463. intermittent preventive treatment for the MRTC the only organization with these Matters To Be Discussed: The meeting will prevention of malaria during pregnancy. attributes and the only vendor who can include the review, discussion, and They have demonstrated through this perform the necessary work. evaluation of applications received in response to Mining Occupational Safety and and other field-based and laboratory- C. Funding based research projects that they are Health Research, Request for Application capable of executing complex scientific Approximately $100,000 is available OH–05–005. in FY 2005 to fund this award. It is Contact Person For More Information: malaria research. MRTC is housed George Bockosh, MS, Scientific Review under the Department of Epidemiology expected that the award will begin on or Administrator, National Institute for and Parasitic Diseases, Faculty of before June 1, 2005 and will be made for Occupational Safety and Health, CDC, Medicine, Pharmacy, and Dentistry, a 12-month budget period within a National Personal Protective Technology University of Bamako, Mali. The MRTC project period of up to five years. Laboratory, 626 Cochrans Mill Road, was founded in 1992 to conduct Funding estimates may change. Pittsburgh, PA 15236, Telephone (412) 386– laboratory and field research related to 6465. D. Where To Obtain Additional The Director, Management Analysis and malaria. Units within MRTC include Information Entomology and Molecular Biology, Services Office, has been delegated the For general comments or questions authority to sign Federal Register notices Vector Ecology, Malaria during pertaining to announcements of meetings and Pregnancy, Transmission Blocking about this announcement, contact: other committee management activities, for Vaccine Unit, GIS Unit, Parasite Technical Information Management, both CDC and the Agency for Toxic Epidemiology, Malaria Vaccine CDC Procurement and Grants Office, Substances and Disease Registry. Development Unit, Biostatistics and 2920 Brandywine Road, Atlanta, GA Data Management, Drug Resistance/ 30341–4146, Telephone: 770–488–2700. Dated: March 25, 2005. Molecular Biology, Parasite For technical questions about this Alvin Hall, Immunology and Immunogenetics, program, contact: Dr. Trudy Messmer, Director, Management Analysis and Services Parasite Molecular Biology, and Scientific Review Administer, 1600 Office, Centers for Disease Control and Informatics. Because of its institutional Clifton Road, MS C–19, Atlanta, GA Prevention. linkages with the Ministry of Health, 30333, Telephone: (404) 639–3770, E- [FR Doc. 05–6345 Filed 3–30–05; 8:45 am] including the National Malaria Control mail: [email protected]. BILLING CODE 4163–19–P
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DEPARTMENT OF HEALTH AND upgrading its scientific and research Dated: March 24, 2005. HUMAN SERVICES facilities to keep pace with these Sheila Dearybury Walcoff, changes. It will also provide the means Associate Commissioner for External Food and Drug Administration for critical review of agency-sponsored Relations. intramural and extramural scientific [FR Doc. 05–6333 Filed 3–25–05; 3:51 pm] Cardiovascular and Renal Drugs research programs BILLING CODE 4160–01–S Advisory Committee; Cancellation Date and Time: The meeting will be AGENCY: Food and Drug Administration, held on April 15, 2005, 8:30 a.m. to 5 HHS. p.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES ACTION: Notice. Location: Food and Drug SUMMARY: The Food and Drug Administration, 5630 Fishers Lane, rm. Food and Drug Administration Administration (FDA) is canceling the 1066, Rockville, MD 20857. Summaries of Medical and Clinical meeting of the Cardiovascular and Renal Contact Person: Jan Johannessen, Pharmacology Reviews of Pediatric Drugs Advisory Committee scheduled Office of the Commissioner (HF–33), Studies; Availability for April 5, 2005. This meeting was Food and Drug Administration, 5600 announced in the Federal Register of Fishers Lane, Rockville, MD 20857, AGENCY: Food and Drug Administration, March 9, 2005 (70 FR 11678). 301–827–6687, e-mail: HHS. FOR FURTHER INFORMATION CONTACT: [email protected], or FDA Advisory ACTION: Notice. Cathy A. Groupe, Center for Drug Committee Information Line, 1–800– Evaluation and Research (HFD–21), 741–8138 (301–443–0572 in the SUMMARY: The Food and Drug Food and Drug Administration, 5600 Washington, DC area), code Administration (FDA) is announcing the Fishers Lane, rm. 1093), Rockville, MD 3014512603. Please call the Information availability of summaries of medical 20857, 301–827–7001, e-mail: Line for up-to-date information on this and clinical pharmacology reviews of [email protected], or FDA Advisory meeting. pediatric studies submitted in Committee Information Line, 1–800– Agenda: The Board will hear about supplements for AGRYLIN (anagrelide), 741–8138 (301–443–0572 in the and discuss the following topics: (1) The CLOLAR (clofarabine), and DIFLUCAN (fluconazole). These summaries are Washington, DC area) code 3014512533. agency’s pre- and postmarketing safety being made available consistent with programs for drugs and biologics and (2) Dated: March 24, 2005. the Best Pharmaceuticals for Children Good Manufacturing Practices for Sheila Dearybury Walcoff, Act (BPCA). For all pediatric vaccines, blood, and cell, tissue, and Associate Commissioner for External supplements submitted under the gene products. Relations. BPCA, the BPCA requires FDA to make [FR Doc. 05–6331 Filed 3–25–05; 3:50 pm] Procedure: Interested persons may available to the public a summary of the BILLING CODE 4160–01–S present data, information, or views, medical and clinical pharmacology orally or in writing, on issues pending reviews of the pediatric studies before the committee. Written conducted for the supplement. DEPARTMENT OF HEALTH AND submissions may be made to the contact ADDRESSES: Submit written requests for HUMAN SERVICES person by April 8, 2005. Oral single copies of the summaries to the presentations from the public will be Division of Drug Information (HFD– Food and Drug Administration scheduled between approximately 1:30 240), Center for Drug Evaluation and p.m. and 2:30 p.m. Time allotted for Research, Food and Drug Science Board to the Food and Drug each presentation may be limited. Those Administration; Notice of Meeting Administration, 5600 Fishers Lane, desiring to make formal oral Rockville, MD 20857. Please specify by AGENCY: Food and Drug Administration, presentations should notify the contact product name which summary or HHS. person before April 8, 2005, and submit summaries you are requesting. Send one ACTION: Notice. a brief statement of the general nature of self-addressed adhesive label to assist the evidence or arguments they wish to that office in processing your requests. This notice announces a forthcoming present, the names and addresses of See the SUPPLEMENTARY INFORMATION meeting of a public advisory committee proposed participants, and an section for electronic access to the of the Food and Drug Administration indication of the approximate time summaries. (FDA). The meeting will be open to the requested to make their presentation. FOR FURTHER INFORMATION CONTACT: public. Persons attending FDA’s advisory Name of Committee: Science Board to Grace Carmouze, Center for Drug committee meetings are advised that the Evaluation and Research (HFD–960), the Food and Drug Administration. agency is not responsible for providing General Function of the Committee: Food and Drug Administration, 5600 access to electrical outlets. The Board shall provide advice Fishers Lane, Rockville, MD 20857, primarily to the agency’s Senior Science FDA welcomes the attendance of the 301–594–7337, e-mail: Advisor and, as needed, to the public at its advisory committee [email protected]. meetings and will make every effort to Commissioner and other appropriate SUPPLEMENTARY INFORMATION: officials on specific complex and accommodate persons with physical technical issues as well as emerging disabilities or special needs. If you I. Background issues within the scientific community require special accommodations due to FDA is announcing the availability of in industry and academia. Additionally, a disability, please contact Jan summaries of medical and clinical the Board will provide advice to the Johannessen at least 7 days in advance pharmacology reviews of pediatric agency on keeping pace with technical of the meeting. studies conducted for AGRYLIN and scientific evolutions in the fields of Notice of this meeting is given under (anagrelide), CLOLAR (clofarabine), and regulatory science, on formulating an the Federal Advisory Committee Act (5 DIFLUCAN (fluconazole). The appropriate research agenda, and on U.S.C. app. 2). summaries are being made available
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consistent with section 9 of the BPCA availability of a guidance for review application (BLA), or an efficacy (Public Law 107–109). Enacted on staff and industry entitled ‘‘Good supplement under PDUFA. January 4, 2002, the BPCA reauthorizes, Review Management Principles and The GRMPs in this guidance are based with certain important changes, the Practices for PDUFA Products.’’ This is on the collective experience of CDER pediatric exclusivity program described one in a series of guidance documents and CBER with review of applications in section 505A of the Federal Food, that FDA agreed to draft and implement for PDUFA products and are intended to Drug, and Cosmetic Act (21 U.S.C. in conjunction with the June 2002 promote efficient and consistent 355a). Section 505A permits certain reauthorization of the Prescription Drug management of application reviews. The applications to obtain 6 months of User Fee Act of 1992 (PDUFA). GRMPs also clarify roles and marketing exclusivity if, in accordance DATES: Submit written or electronic responsibilities of review staff in with the requirements of the statute, the comments on agency guidances at any managing the review process and sponsor submits requested information time. identify ways in which NDA and BLA relating to the use of the drug in the ADDRESSES: Submit written requests for applicants may further the effectiveness pediatric population. and efficiency of the review process. One of the provisions the BPCA single copies of this guidance to the added to the pediatric exclusivity Division of Drug Information (HFD– In the Federal Register of July 28, program pertains to the dissemination of 240), Center for Drug Evaluation and 2003 (68 FR 44345), FDA published a pediatric information. Specifically, for Research (CDER), Food and Drug notice announcing the availability of a all pediatric supplements submitted Administration, 5600 Fishers Lane, draft version of this guidance. FDA under the BPCA, the BPCA requires Rockville, MD 20857, or the Office of received a number of comments when it FDA to make available to the public a Communications, Training, and issued the draft version of this guidance. summary of the medical and clinical Manufacturers Assistance (HFM–40), We have considered the comments on pharmacology reviews of pediatric Center for Biologics Evaluation and the draft guidance carefully and have studies conducted for the supplement Research (CBER), 1401 Rockville Pike, made some changes to address those (21 U.S.C. 355a(m)(1)). The summaries Food and Drug Administration, comments. The guidance has been are to be made available not later than Rockville, MD 20852–1448. Send one revised to clarify the principles on 180 days after the report on the self-addressed adhesive label to assist which our current and developing pediatric study is submitted to FDA (21 that office in processing your requests. practices are based. We have also added U.S.C. 355a(m)(1)). Consistent with this Submit written comments on the general internal timelines for important provision of the BPCA, FDA has posted guidance to the Division of Dockets milestones associated with the review on the Internet (http://www.fda.gov/ Management (HFA–305), Food and Drug process. cder/pediatric/index.htm) summaries of Administration, 5630 Fishers Lane, rm. The GRMPs also include the agency’s medical and clinical pharmacology 1061, Rockville, MD 20852. The current best practices, as well as goals reviews of pediatric studies submitted guidance may also be obtained from for review management improvements. in supplements for AGRYLIN CBER by mail by calling 1–800–835– The GRMPs are an important (anagrelide), CLOLAR (clofarabine), and 4709, or 301–827–1800. Submit foundational component of FDA’s DIFLUCAN (fluconazole). Copies are electronic comments to http:// program to more fully implement a also available by mail (see ADDRESSES). www.fda.gov/dockets/ecomments. See quality systems approach for the new the SUPPLEMENTARY INFORMATION section drug and biologics review and approval II. Electronic Access for electronic access to the guidance process. Persons with access to the Internet document. This guidance is being issued may obtain the document at http:// FOR FURTHER INFORMATION CONTACT: John consistent with FDA’s good guidance www.fda.gov/cder/pediatric/index.htm. Jenkins, Center for Drug Evaluation and practices regulation (21 CFR 10.115). Dated: March 22, 2005. Research (HFD–020), Food and Drug The guidance represents the agency’s Jeffrey Shuren, Administration, suite 7215, 5515 current thinking on GRMPs for PDUFA Assistant Commissioner for Policy. Security Lane, Rockville, MD 20852, products. It does not create or confer [FR Doc. 05–6332 Filed 3–30–05; 8:45 am] 301–594–3937; or Robert A. Yetter, any rights for or on any person and does BILLING CODE 4160–01–S Center for Biologics Evaluation and not operate to bind FDA or the public. Research (HFM–25), Food and Drug An alternative approach may be used if Administration, 1451 Rockville Pike, such approach satisfies the DEPARTMENT OF HEALTH AND Rockville, MD 20852, 301–827–0373. requirements of the applicable statutes HUMAN SERVICES SUPPLEMENTARY INFORMATION: and regulations. Food and Drug Administration I. Background II. Comments [Docket No. 2003D–0317] (formerly Docket FDA is announcing the availability of Interested persons may submit to the No. 03D–0317) a guidance for review staff and industry Division of Dockets Management (see entitled ‘‘Good Review Management ADDRESSES) written or electronic Guidance for Review Staff and Industry Principles and Practices for PDUFA comments on the guidance at any time. on Good Review Management Products.’’ In conjunction with the June Two copies of mailed comments are to Principles and Practices for 2002 reauthorization of PDUFA, FDA be submitted, except that individuals Prescription Drug User Fee Act agreed to meet specific performance may submit one copy. Comments are to Products; Availability goals (PDUFA Goals). The PDUFA Goals be identified with the docket number AGENCY: Food and Drug Administration, include providing guidance to industry found in brackets in the heading of this HHS. and review staff in CDER and CBER on document. The guidance and received ACTION: Notice. the good review management principles comments are available for public and practices (GRMPs) for the conduct examination in the Division of Dockets SUMMARY: The Food and Drug of the first cycle review of a new drug Management between 9 a.m. and 4 p.m., Administration (FDA) is announcing the application (NDA), a biologics license Monday through Friday.
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III. Electronic Access proposed data collection projects collected; and (d) ways to minimize the Persons with access to the Internet (section 3506(c)(2)(A) of Title 44, United burden of the collection of information may obtain the document at http:// States Code, as amended by the on respondents, including the use of www.fda.gov/cder/guidance/index.htm, Paperwork Reduction Act of 1995, Pub. automated collection techniques or http://www.fda.gov/cber/ L. 104–13), the Health Resources and other forms of information technology. guidelines.htm, or http://www.fda.gov/ Services Administration (HRSA) Proposed Project: Health Education ohrms/dockets/default.htm. publishes periodic summaries of Assistance Loan (HEAL) Program: proposed projects being developed for Lender’s Application for Insurance Dated: March 25, 2005. submission to the Office of Management Claim Form and Request for Collection Jeffrey Shuren, and Budget under the Paperwork Assistance Form (OMB No. 0915– Assistant Commissioner for Policy. Reduction Act of 1995. To request more 0036)—Extension [FR Doc. 05–6404 Filed 3–30–05; 8:45 am] information on the proposed project or The HEAL program assures the BILLING CODE 4160–01–S to obtain a copy of the data collection availability of funds for loans to eligible plans and draft instruments, call the students who desire to borrow money to HRSA Reports Clearance Officer on pay for their educational costs. HEAL DEPARTMENT OF HEALTH AND (301) 443–1129. Lenders use the Lenders Application for HUMAN SERVICES Comments are invited on: (a) Whether Insurance Claim to request payment the proposed collection of information from the Federal Government for Health Resources and Services is necessary for the proper performance federally insured loans lost due to Administration of the functions of the Agency, borrowers death, disability, bankruptcy, Agency Information Collection including whether the information shall or default. The Request for Collection Activities: Proposed Collection: have practical utility; (b) the accuracy of Assistance form is used by HEAL Comment Request the Agency’s estimate of the burden of lenders to request federal assistance the proposed collection of information; with the collection of delinquent In compliance with the requirement (c) ways to enhance the quality, utility, payments from HEAL borrowers. for opportunity for public comment on and clarity of the information to be The burden estimates are as follows:
Hours per Form Number of Responses per Total response Total respondents respondent responses (minutes) burden hours
Lender’s Application for Insurance Claim ...... 20 75 1,500 30 750 Request for Collection Assistance ...... 20 1,260 25,200 10 4,208
Total ...... 20 ...... 4,958
Send comments to Susan G. Queen, open to the public. Limited seating will Information Analysis and Infrastructure Ph.D., HRSA Reports Clearance Officer, be available. Reservations are not Protection/703–235–5352, Anacostia Room 10–33, Parklawn Building, 5600 accepted. The NIAC advises the Naval Annex, 245 Murray Lane, SW., Fishers Lane, Rockville, MD 20857. President of the United States on the Building 410, Washington, DC 20582, Written comments should be received security of critical infrastructures which 7:30 a.m. to 4 p.m. within 60 days of this notice. include banking and finance, Instructions: All submissions received Dated: March 25, 2005. transportation, energy, manufacturing, must include the DFHS–2005–0025. All Tina Cheatham, and emergency government services. At comments received will be posted without change to http://www.epa.gov/ Director, Division of Policy Review and this meeting, the NIAC will be briefed Coordination. on the status of several Working Group feddocket, including any personal information provided. [FR Doc. 05–6354 Filed 3–30–05; 8:45 am] activities in which the Council is currently engaged. FOR FURTHER INFORMATION CONTACT: BILLING CODE 4165–15–P DATES: The NIAC will meet Tuesday, Nancy J. Wong, NIAC Designated April 12, 2005, from 1:30 p.m. to 4:30 Federal Official, telephone 703–235– DEPARTMENT OF HOMELAND p.m. 5352. SECURITY ADDRESSES: The NIAC will meet at the SUPPLEMENTARY INFORMATION: Notice of National Press Club, 529 14th Street, these meetings is given under the [DHS–2005–0025] NW., Washington, DC. You may submit Federal Advisory Committee Act, 5 comments, identified by DHS Docket Directorate of Information Analysis U.S.C. App. 2. DHS–2005–0025 by one of the following and Infrastructure Protection (IAIP); methods: Draft Agenda of Committee Meeting on Open Meeting of National • EPA Federal Partner EDOCKET Web April 12, 2005: Infrastructure Advisory Council (NIAC) site: http://www.epa.gov/feddocket. I. Opening of Meeting AGENCY: Directorate of Information Follow the instructions for submitting Nancy J. Wong, U.S. Department of Analysis and Infrastructure Protection. comments on the Web site. Homeland Security (DHS)/ • ACTION: Notice of meeting. Federal eRulemaking Portal: http:// Designated Federal Official, NIAC www.regulations.gov. Follow the II. Roll Call of Members SUMMARY: The National Infrastructure instructions for submitting comments. Nancy J. Wong Advisory Council (NIAC) will meet on • Mail/Hand Delivery/Courier: III. Opening Remarks and Introductions Tuesday, April 12, 2005, from 1:30 p.m. Department of Homeland Security, Attn: NIAC Chairman, Erle A. Nye, to 4:30 p.m. at the National Press Club Ms. Nancy J. Wong, Infrastructure Chairman of the Board, TXU Corp. in Washington, DC. The meeting will be Coordination Division, Directorate of NIAC Vice Chairman, John T.
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Chambers, Chairman and CEO, Information on Services for Individuals (5) Electronic mail: Cisco Systems, Inc. With Disabilities [email protected]. The Honorable Michael Chertoff, For information on facilities or FOR FURTHER INFORMATION CONTACT: If Secretary, services for individuals with you have questions on this notice, or if Department of Homeland Security disabilities, or to request special you have questions on viewing or (Invited) submitting material to the docket, call General Matthew Broderick, Acting assistance at the meeting, telephone the Mr. Ronald Houck, Coast Guard Sector Under Secretary for Information Designated Federal Official as soon as Baltimore, Waterways Management analysis and Infrastructure possible. Division, at telephone 410–576–2674. Protection (IAIP), DHS (Invited) Dated: March 18, 2005. Tom Dinanno, Acting Assistant Nancy J. Wong, SUPPLEMENTARY INFORMATION: Secretary for Infrastructure Designated Federal Official for NIAC. Request for Comments Protection, DHS (Invited) [FR Doc. 05–6511 Filed 3–29–05; 2:45 pm] We encourage you to participate in Frances Fragos Townsend, Homeland BILLING CODE 4410–10–M Security Advisor (Invited) this study by submitting comments and Cheryl Peace, Director, Cyberspace related material. If you do so, please include your name and address, identify Security, Homeland Security DEPARTMENT OF HOMELAND the docket number [CGD05–05–016] for Council (Invited) SECURITY IV. Approval of January Minutes this notice, indicate the specific section NIAC Chairman Erle A. Nye Coast Guard of this document to which each V. Status Reports on Current Working comment applies, and give the reason Group Initiatives [CGD05–05–016] for each comment. You may submit NIAC Chairman Erle A. Nye Presiding your comments and related material by A. Report on Common Vulnerability Notice of Waterways Analysis and mail, hand delivery, fax, or electronic Scoring System (CVSS) Placement Management Systems Studies, Upper means to the WAMS Project at the Status Chesapeake Bay, Including the address under ADDRESSES; but please NIAC Vice Chairman John T. Chesapeake and Delaware Canal submit your comments and material by Chambers, Chairman & CEO, Cisco AGENCY: Coast Guard, DHS. only one means. If you submit them by Systems, Inc. and John W. mail or hand delivery, submit them in ACTION: Notice of studies with request Thompson, Chairman & CEO, an unbound format, no larger than 81⁄2 for comments. Symantec Corporation, NIAC by 11 inches, suitable for copying and Member SUMMARY: The Coast Guard announces electronic filing. If you submit them by B. Intelligence Coordination that Waterways Analysis and mail and would like to know they NIAC Vice Chairman John T. Management System (WAMS) studies reached the WAMS Project, please Chambers, Chairman & CEO, Cisco are being planned for the Upper enclose a stamped, self-addressed Systems, Inc. and Chief Gilbert Chesapeake Bay, including the postcard or envelope. We will consider Gallegos, Police Chief, City of Chesapeake and Delaware Canal. The all comments and related material Albuquerque, New Mexico, NIAC Coast Guard solicits comments on the received during the comment period. Member specific waterways presented in this C. Risk Management Approaches To Background and Purpose document so we can complete our Protection WAMS studies. The goals of the studies In order to facilitate safe navigation Thomas E. Noonan, Chairman, and to prevent disasters, collisions, and President & CEO, Internet Security are to analyze the waterway and aids to navigation, and then develop a plan to wrecks of vessels, the Coast Guard may Systems, Inc. NIAC Member; establish, maintain, and operate aids to Martha Marsh, President & CEO, address any proposed changes and concerns. navigation required to serve the needs of Stanford Hospital and Clinics, the Armed Forces or of the commerce of NIAC Member DATES: Comments and related material the United States (14 U.S.C. 81). It is D. Education and Workforce Preparation must reach U.S. Coast Guard Sector through its Waterways Analysis and Alfred R. Berkeley III, e-Xchange Baltimore on or before May 31, 2005. Management System (WAMS) process, Advantage Corp., NIAC Member ADDRESSES: To make sure your that the Coast Guard manages aids to Dr. Linwood Rose, President, James comments and related material are not navigation in navigable waters of the Madison University, NIAC Member entered more than once in the docket U.S. WAMS studies, therefore, are VI. New Business [CGD05–05–016], please submit them by intended to ensure that existing aids to NIAC Chairman Erle A. Nye, NIAC only one of the following means: navigation systems support safe marine Members A. Implementation of the Sector (1) On-line Survey link is available at navigation and the effective and Partnership Model web site: http://www.uscg.mil/d5/ efficient flow of waterborne commerce. T.B.D—Working Group chairs to be sector/sectbalt/index.htm. A key aspect of a WAMS study is the determined (2) Mail: Commander, U.S. Coast consideration of the needs and input of B. DHS Status Report/Presentation Guard Sector Baltimore, 2401 Hawkins waterway users (such as commercial (TBD) Point Road, Baltimore, MD 21226–1791, interests, pilots, port authorities, T.B.D. Attn: WAMS Project. military commands and other Federal VII. Adjournment (3) Fax: 410–576–2553. agencies, State and local agencies, NIAC Chairman Erle A. Nye (4) Hand delivery: Room 208 of recreational boating organizations, and Building 70 on the Coast Guard Yard other interested groups) and non-user Procedural Curtis Bay, 2401 Hawkins Point Road, sources (such as waterfront facilities, These meetings are open to the Baltimore, MD, between 9 a.m. and 3 homeowners or community public. Please note that the meetings p.m., Monday through Friday, except associations, and political groups). Such may close early if all business is Federal holidays. The telephone number valued input to these important studies finished. is 410–576–2674. is highly encouraged and should reflect
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conditions experienced by waterway requirements for participation in other than the port of arrival, or from users during daytime, nighttime and Remote Location Filing (RLF) Prototype within the port of arrival with a reduced visibility, in addition to any Two. RLF will now be permitted for requested designated examination site navigational hazards experienced by cargo that will be moved using outside the port of arrival. vessel operators. immediate transportation (IT) and RLF Prototype Two The following specific waterways will transportation and export (T & E) in- be analyzed, as follows: bond procedures. CBP has determined In accordance with § 101.9(b) of the (1) Brewerton Channel, Fort McHenry that the security risks previously CBP Regulations (19 CFR 101.9(b)), CBP Channel, Canton Elevator and Coal associated with in-bond transactions has developed and tested two RLF Channel, Hawkins Point Channel, Coal have been greatly reduced due to the prototypes. A chronological listing of Pier Channel, Locust Point East and significant security and cargo- Federal Register publications detailing West Channels, Craighill Channel, processing gains accomplished by the developments in the RLF prototypes Marine Pier Channel, Curtis Bay advance cargo information regulations follows: Channel, Northwest Harbor, Curtis set forth in CBP Dec. 03–32, published • On April 6, 1995, CBP announced Creek, Pennwood Channel, Dundalk in the Federal Register (68 FR 68140) on in the Federal Register (60 FR 17605) its East and West Channels, Port Covington December 5, 2003. CBP also realizes that plan to conduct the first of at least two Basin, Elevator Channel, Seagirt East as in-bond transactions are a mainstay RLF test prototypes. The first RLF test, and West Channels, Ferry Bar Channel, of international transactions, permitting designated Prototype One, began on and Sparrows Point Steel Works RLF in an in-bond context will enhance June 19, 1995. • Channel. the Prototype’s usefulness to the trade On February 27, 1996, CBP (2) Chesapeake Channel (middle while simultaneously furthering CBP’s announced in the Federal Register (61 Chesapeake Bay). modernization objectives. FR 7300) the expansion of Prototype One and its extension until the (3) Potomac River, Upper Potomac DATES: The change to Remote Location River, Anacostia River, Hains Point Filing (RLF) Prototype Two will go into implementation of RLF Prototype Two. • RLF Prototype Two commenced on (Washington) Channel and Alexandria effect March 31, 2005. Channel. January 1, 1997. See document ADDRESSES: Written comments and (4) Choptank River to Cambridge, published in the Federal Register (61 applications to participate in the Cambridge Channel, Nanticoke River, FR 60749) on November 29, 1996. Prototype should be addressed to the • Wicomico River, Pocomoke River, CBP announced in the Federal Remote Filing Team, Office of Field Pocomoke Sound and Tangier Sound. Register (62 FR 64043), on December 3, Operations, Customs and Border (5) Brewerton Channel East Extension, 1997, the extension of RLF Prototype Protection, 1300 Pennsylvania Avenue, Upper Chesapeake Channel, Upper Two until December 31, 1998. NW., Room 5.2–B, Washington, DC • Chesapeake Bay, Elk River, Back Creek On December 7, 1998, CBP 20229. Comments may also be and the Chesapeake & Delaware Canal. announced in the Federal Register (63 submitted to Sherri Braxton via e-mail As part of these studies, we will FR 67511) that Prototype Two would at [email protected]. consider previous WAMS studies. It is remain in effect until concluded by possible that the studies may validate FOR FURTHER INFORMATION CONTACT: For notice in the Federal Register. • continued applicability of existing aids systems or automation issues: Steve On July 6, 2001, CBP announced in to navigation and conclude that no Linnemann (202) 344–1975 or Jennifer the Federal Register (66 FR 35693) changes are necessary. It is also possible Engelbach (562) 366–5593. For changes to the RLF Prototype Two operational or policy issues: Sherri eligibility requirements. that the studies may recommend • changes to enhance marine navigational Braxton via e-mail at On November 16, 2001, CBP safety, effectiveness and efficiency. [email protected]. announced in the Federal Register (66 SUPPLEMENTARY INFORMATION: FR 57774) a deadline extension for Dated: March 22, 2005. customs brokers participating in RLF to Curtis A. Springer, Background submit their national broker permit Captain, U.S. Coast Guard, Commander, U.S. RLF Authorized by the National numbers to CBP. Coast Guard Sector Baltimore, Baltimore, • On February 25, 2003, CBP Customs Automation Program (NCAP) Maryland. announced in the Federal Register (68 [FR Doc. 05–6391 Filed 3–30–05; 8:45 am] Title VI of the North American Free FR 8812) that line release entries would BILLING CODE 4910–15–P Trade Agreement Implementation Act, no longer be permitted for purposes of Pub. L. 103–182, 107 Stat. 2057 RLF Prototype Two, and set forth a (December 8, 1993), contains provisions comprehensive and updated list of DEPARTMENT OF HOMELAND pertaining to Customs Modernization current RLF eligibility requirements and SECURITY (107 Stat. 2170). Subpart B of Title VI a description of a new simplified of the Act concerns the National application process. Bureau of Customs and Border Customs Automation Program (NCAP), Protection an electronic system for the processing Change to RLF Prototype Two of commercial imports. Within subpart Merchandise Eligibility Criteria Announcement of Change to B, section 631 of the Act added section This notice announces a change to the Merchandise Eligibility Requirements 414 (19 U.S.C. 1414), which provides for merchandise eligibility requirements for for Participation in Remote Location Remote Location Filing (RLF), to the participation in RLF Prototype Two, Filing Prototype Two Tariff Act of 1930, as amended. RLF whereby RLF will now be permitted for AGENCY: Customs and Border Protection, permits an eligible NCAP participant to cargo that will be moved using Homeland Security. elect to file electronically a formal or immediate transportation (IT) or ACTION: General notice. informal consumption entry with transportation and export (T & E) in- Customs and Border Protection (CBP) bond procedures. This was not allowed SUMMARY: This notice announces a from a remote location within the under the original terms of RLF change to the merchandise eligibility customs territory of the United States Prototype Two because CBP was
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concerned with the general lack of ornamental braid on a baseball-style is intended that the de minimis rule security associated with in-bond cap, located between peak and crown in apply.’’ transactions. a width of 1⁄8 of an inch or greater, will The de minimis rule is applicable in Upon further review, CBP has render the cap classifiable in the HTSUS customs practice principally in determined that permitting RLF for as ‘‘wholly or in part of braid.’’ determining whether the presence of cargo that has already been moved using Conversely, such braid in a width of less some ingredient in an imported immediate transportation in-bond than 1⁄8 of an inch will result in a cap commodity affects its classification. See procedures, or any other transportation being classifiable in the HTSUS as ‘‘not Ruth F. Sturm, A Manual of Customs entry in-bond, is acceptable as the risks in part of braid.’’ Law 182 (1974). The rule stands for the previously associated with in-bond DATES: Effective Date: May 2, 2005. proposition that: transactions have been greatly reduced FOR FURTHER INFORMATION CONTACT: due to the significant security and Certain amounts of an ingredient, although Theresa Frazier, Textiles Branch, Office substantial, may be ignored for classification cargo-processing gains accomplished by of Regulations and Rulings, Customs purposes, depending upon many different the advance cargo information and Border Protection, Tel. (202) 572– circumstances, including the purpose which regulations set forth in CBP Dec. 03–32, 8821. Congress sought to bring about by the published in the Federal Register (68 language used and whether or not the FR 68140) on December 5, 2003. CBP SUPPLEMENTARY INFORMATION: amount used has really changed or affected also realizes that in-bond transactions Background the nature of the article, and of course, its are a mainstay of international salability. transactions. For this reason, CBP views This document concerns the proper classification under the Harmonized Varsity Watch Company v. United permitting RLF in an in-bond context as States, 43 Cust. Ct. 1, C.D. 2094 a means of broadening the scope of RLF Tariff Schedule of the United States (HTSUS) of baseball-style caps featuring (1959), appeal dismissed, 47 CCPA and thereby enhancing the program’s 173 (1959). usefulness to the trade while ornamental braid located between peak simultaneously furthering the Bureau’s and crown. The specific issue presented On August 27, 2004, a document was modernization objectives. is how wide ornamental braid on a published in the Federal Register (69 It is noted that with the exception of baseball-style cap must be in order to FR 52726) in which Customs and Border the change to the RLF Prototype Two render the cap classifiable in the HTSUS Protection (CBP) solicited public merchandise eligibility criteria as either ‘‘wholly or in part of braid’’ or comment as to the appropriateness of a involving in-bond transportation ‘‘not in part of braid.’’ proposed interpretive rule whereby procedures, discussed above, all other Baseball-style caps are classifiable in ornamental braid on a baseball-style Prototype eligibility requirements, heading 6505 of the HTSUS which cap, located between peak and crown in procedures, terms and conditions, as set provides for, in pertinent part, ‘‘hats and a width of 1⁄8 of an inch or greater, will forth in the document published on other headgear, knitted or crocheted, or render the cap classifiable as ‘‘wholly or February 25, 2003, in the Federal made up from lace, felt or other textile in part of braid.’’ Conversely, CBP Register (68 FR 8812), remain in effect. fabric, in the piece (but not in strips), proposed that such braid in a width of whether or not lined or trimmed; less than 1⁄8 of an inch would result in Dated: March 25, 2005. ***.’’ Within heading 6505, HTSUS, a cap being classifiable as ‘‘not in part Jayson P. Ahern, two subheadings differentiate between of braid.’’ The proposed standard was Assistant Commissioner, Office of Field hats and other headgear that are based on several previously issued Operations. ‘‘wholly or in part of braid’’ and those Headquarters Rulings Letters which had [FR Doc. 05–6397 Filed 3–30–05; 8:45 am] that are ‘‘not in part of braid.’’ See adopted the 1⁄8 of an inch standard for BILLING CODE 4820–02–P HTSUS subheadings 6505.90.50 and purposes of applying the de minimis 6505.90.70 which provide for, in rule to this type of commodity. The pertinent part, hats and other headgear proposed interpretive rule set forth in DEPARTMENT OF HOMELAND ‘‘wholly or in part of braid,’’ and 69 FR 52726 was offered as a means of SECURITY HTSUS subheadings 6505.90.60 and ensuring the uniform application of the Bureau of Customs and Border 6505.90.80 which provide for hats and de minimis rule and providing Protection other headgear which are ‘‘not in part of consistency in the classification of braid.’’ It is noted that hats and other baseball-style caps with braid trim. [CBP Dec. 05–11] headgear that are classifiable as ‘‘not in Discussion of Comment part of braid’’ carry a higher rate of duty Interpretive Rule Concerning than those that are classifiable as No comments were received in Classification of Baseball-Style Caps ‘‘wholly or in part of braid.’’ response to the solicitation of public With Ornamental Braid In cases where baseball-style caps comment in 69 FR 52726. feature ornamental braid located AGENCY: Customs and Border Protection, Conclusion Homeland Security. between the peak and crown, the ACTION: Final interpretive rule. determinative issue is whether the braid Upon due consideration, CBP has impacts classification at the subheading decided to adopt as final the proposed SUMMARY: This document concerns the level so as to render the cap classifiable interpretive rule published in the proper classification under the as either ‘‘in part of braid’’ or ‘‘not in Federal Register (69 FR 52726) on Harmonized Tariff Schedule of the part of braid.’’ The 2004 HTSUS defines August 27, 2004. United States (HTSUS) of baseball-style the term ‘‘in part of’’ in General Note Drafting Information caps featuring ornamental braid located 3(h)(v)(B), HTSUS, which states that ‘‘in between peak and crown. In an effort to part of’’ or ‘‘containing’’ means that the The principal author of this document achieve uniformity in the classification goods contain a significant quantity of was Ms. Suzanne Kingsbury, of this commodity, Customs and Border the named material and that ‘‘with Regulations Branch, Office of Protection (CBP) has adopted as final a regard to the application of the Regulations and Rulings, Customs and proposed interpretive rule whereby quantitative concepts specified above, it Border Protection. However, personnel
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from other offices participated in its Dated: March 25, 2005. ADDRESSES: Send your comments and development. Jayson P. Ahern, suggestions on this information Dated: March 28, 2005. Assistant Commissioner, Office of Field collection renewal to the Desk Officer Operations. for the Department of the Interior at Robert C. Bonner, [FR Doc. 05–6396 Filed 3–30–05; 8:45 am] OMB–OIRA at (202) 395–6566 (fax) or Commissioner, Bureau of Customs and Border _ BILLING CODE 4820–02–P OIRA [email protected] (e-mail). Protection. Please provide a copy of your comments [FR Doc. 05–6398 Filed 3–30–05; 8:45 am] to Hope Grey, Information Collection BILLING CODE 4820–02–P Clearance Officer, Fish and Wildlife DEPARTMENT OF THE INTERIOR Service, MS 222–ARLSQ, 4401 North Fairfax Drive, Arlington, VA 22203 DEPARTMENT OF HOMELAND Fish and Wildlife Service (mail); (703) 358–2269 (fax); or SECURITY _ Information Collection Renewal hope [email protected] (e-mail). Submitted to the Office of Management FOR FURTHER INFORMATION CONTACT: To Bureau of Customs and Border request a copy of the information Protection and Budget (OMB) for Approval Under the Paperwork Reduction Act; OMB collection request or explanatory information, contact Hope Grey at the Tuna—Tariff-Rate Quota Control Number 1018–0103, Conservation Order for Control of Mid- above addresses or by phone at (703) 358–2482. The tariff-rate quota for Calendar Year Continent Light Geese, 50 CFR 21.60 2005, on tuna classifiable under SUPPLEMENTARY INFORMATION: We have AGENCY: Fish and Wildlife Service, submitted a request to OMB to renew subheading 1604.14.22, Harmonized Interior. Tariff Schedule of the United States approval of information collection ACTION: Notice; request for comments. (HTSUS). requirements for the Conservation Order for Control of Mid-Continent Light AGENCY: U.S. Customs and Border SUMMARY: The number of mid-continent Geese. Currently, we have approval Protection, Department of Homeland light geese (MCLG) has increased from OMB to collect information under Security. exponentially over the past several OMB control number 1018–0103. This decades in prairie Canada and the ACTION: Announcement of the quota approval expires on March 31, 2005. We midwestern United States, primarily may not conduct or sponsor and a quantity of tuna in airtight containers due to (1) the expansion of agriculture for Calendar Year 2005. person is not required to respond to a and concurrent increase in food supply, collection of information unless we (2) a decline in adult mortality, and (3) display a currently valid OMB control SUMMARY: Each year the tariff-rate quota an increase in winter survival. These number. OMB regulations at 5 CFR for tuna described in subheading rapidly expanding populations have 1320, which implement provisions of 1604.14.22, HTSUS, is based on the placed unprecedented pressure on arctic the Paperwork Reduction Act of 1995 apparent United States consumption of and subarctic breeding habitats. Prior to (44 U.S.C. 3501 et seq.), require that tuna in airtight containers during the implementation of the conservation interested members of the public and preceding Calendar Year. This order, we (Fish and Wildlife Service) affected agencies have an opportunity to document sets forth the tariff-rate quota attempted to curb the growth rate of comment on information collection and for Calendar Year 2005. MCLG populations by liberalizing bag recordkeeping activities (see 5 CFR limits and increasing the light goose DATES: Effective Dates: The 2005 tariff- 1320.8(d)). Following our submittal, hunting season to 107 days, the OMB has up to 60 days to approve or rate quota is applicable to tuna entered maximum allowed by the Migratory or withdrawn from warehouse for disapprove our information collection Bird Treaty Act, as amended. Although request; however, OMB may make its consumption during the period January these changes resulted in increased 1, through December 31, 2005. decision as early as 30 days after our harvest, the harvest rate (percent of submittal. Therefore, to ensure that your FOR FURTHER INFORMATION CONTACT: population harvested) continued to comments receive consideration, send Connie Chancey, Chief, Quota Branch, decline as populations grew your comments and suggestions to OMB Textile Enforcement and Operations exponentially. Clearly, traditional by the date listed in the DATES section. Division, Trade Compliance and wildlife management strategies were not On November 15, 2004, we published Facilitation, Office of Field Operations, working. Therefore, we created the in the Federal Register (69 FR 65627) a U.S. Customs and Border Protection, conservation order, which authorizes 60-day notice of our intent to request Washington, DC 20229, (202) 344–2650. States and tribes to implement renewal of information collection population control measures without authority from OMB. In that notice, we BACKGROUND: It has now been having to obtain a permit, thus solicited public comments for 60 days, determined that 19,034,563 kilograms of significantly reducing their ending on January 14, 2005. We did not tuna in air-tight containers may be administrative burden. The States and receive any comments. entered for consumption or withdrawn tribes may conduct a population Lesser snow and Ross’ geese are from warehouse for consumption during reduction program under the authority referred to as ‘‘light’’ geese because of the Calendar Year 2005, at the rate of 6 of the conservation order within the their light coloration as opposed to percent ad valorem under subheading conditions provided by the Service. We ‘‘dark’’ geese such as white-fronted or 1604.14.22, HTSUS. Any such tuna have submitted the collection of Canada Geese. The number of light which is entered or withdrawn from information pertaining to the geese in the mid-continent region has warehouse for consumption during the conservation order (described below) to nearly quadrupled during the past current calendar year in excess of this OMB for approval under the provisions several decades. Feeding activity of light quota will be dutiable at the rate of 12.5 of the Paperwork Reduction Act of 1995. geese seriously injures their habitat and percent ad valorem under subheading DATES: You must submit comments on habitat important to other migratory 1604.14.30 HTSUS. or before May 2, 2005. birds, which poses a serious threat to
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the short- and long-term health and (2) the accuracy of our estimate of the (This delegation will expire upon status of some migratory bird burden of the collection of information; confirmation of a new Assistant populations. We believe that the (3) ways to enhance the quality, utility, Secretary or designation of an Acting number of light geese in the mid- and clarity of the information to be Assistant Secretary.) Among the continent region has exceeded long-term collected; and (4) ways to minimize the delegated authorities is the authority to, sustainable levels for their arctic and burden of the collection of information ‘‘execute all documents, including subarctic breeding habitats and the on respondents. The information regulations and other Federal Register populations must be reduced. Authority collections in this program are part of a notices, and perform all other duties for managing overabundant mid- system of records covered by the relating to Federal recognition of Native continent light geese is contained in 50 Privacy Act (5 U.S.C. 552 (a)). American Tribes.’’ The acknowledgment process is based CFR 21. Dated: March 2, 2005. For management purposes, light geese on the regulations in 25 CFR Part 83, Hope Grey, found in the mid-continent region are first issued in 1978 and revised in 1994. Information Collection Clearance Officer, The acknowledgment function, formerly separated into two different Fish and Wildlife Service. populations. Lesser snow and Ross’ under the Branch of Acknowledgment [FR Doc. 05–6380 Filed 3–30–05; 8:45 am] geese that primarily migrate through and Research in the Bureau of Indian North Dakota, South Dakota, Nebraska, BILLING CODE 4310–55–P Affairs (BIA), was relocated to the Office Kansas, Iowa, and Missouri, and winter of Federal Acknowledgment in the Office of the Assistant Secretary— in Arkansas, Louisiana, Mississippi, and DEPARTMENT OF THE INTERIOR eastern, central, and southern Texas and Indian Affairs effective July 27, 2003. other Gulf States are referred to as the Bureau of Indian Affairs The General Accounting Office (now mid-continent population of light geese. the Government Accountability Office) Lesser snow and Ross’ geese that Office of Federal Acknowledgment; published on November 2001 a report primarily migrate through Montana, Reports and Guidance Documents; entitled ‘‘Improvements Needed in Wyoming, and Colorado and winter in Availability, etc. Tribal Recognition Process.’’ In response New Mexico, northwestern Texas, and to this report, the Department adopted AGENCY: Bureau of Indian Affairs, Chihuahua, Mexico are referred to as the a Strategic Plan, dated September 12, Interior. western central flyway population of 2002, to identify ways to improve the light geese. ACTION: Notice. timeliness and transparency of the acknowledgment process. That plan States and tribes that participate in SUMMARY: The Department gives notice the light geese conservation order must called for consideration of possible that the Associate Deputy Secretary of changes in the processing of inform and brief all participants on the the Interior is revising and clarifying requirements in 50 CFR 21.60 and acknowledgment petitions. This notice certain internal procedures for presents some of the results of that conservation order conditions that managing and processing petitions for apply to implementation of light geese planning process. Federal acknowledgment as an Indian As part of its plan, the Department control measures. Participating States/ tribe. These revisions do not change the tribes must collect information on the also provided for a review of a notice of acknowledgment regulations, 25 CFR ‘‘Changes in the Internal Processing of number of birds taken during control part 83. efforts, the methods by which they are Federal Acknowledgment Petitions’’ DATES: Effective Date: The procedures taken, and the dates on which they are published by the Assistant Secretary in defined by this notice are effective on taken. We use this information to the Federal Register (65 FR 7052) on March 31, 2005. February 11, 2000. In that notice, the administer the conservation order and, FOR FURTHER INFORMATION CONTACT: Assistant Secretary changed certain particularly, to monitor the effectiveness R. internal procedures and clarified other of control strategies and to protect Lee Fleming, Director, Office of Federal procedures, within the parameters of the migratory birds. Each participating State Acknowledgment, MS: 34B–SIB, 1951 regulations. That notice directed BIA to must submit an annual report by August Constitution Avenue, NW., Washington, adopt certain procedural changes in 30 of each year summarizing the DC 20240, phone (202) 513–7650. order to reduce delays in reviewing activities it conducted. We contacted SUPPLEMENTARY INFORMATION: petitions for acknowledgment and to some participating States to estimate Introduction make acknowledgment decisions in a burden hours for this information The Department publishes this notice more timely manner. This notice collection. supersedes the notice of February 11, Title of Collection: Conservation in the exercise of authority under 43 2000. Order for Control of Mid-Continent U.S.C. 1457, 25 U.S.C. 2 and 9, 5 U.S.C. 552(a), 5 U.S.C. 301, and under the The procedures described in this Light Geese, 50 CFR 21.60. notice are based on five years of OMB Control Number: 1018–0103. exercise of authority which the Form Number: None. Secretary of the Interior delegated to the experience under the notice of February Frequency of Collection: Annually. Assistant Secretary—Indian Affairs 11, 2000, and on the procedures that Description of Respondents: States (Assistant Secretary) by 209 Department have been found most effective in and tribes participating in the Manual 8. producing the clearest decisions in an conservation order. This notice supersedes the notice efficient manner, while giving Total Annual Burden Hours: 1,776. published in the Federal Register (65 petitioners and third parties appropriate Total Annual Responses: 24. FR 7052) on February 11, 2000, entitled opportunities to provide information We invite comments concerning this ‘‘Changes in the Internal Processing of and comment. These procedures are in submission on (1) whether or not the Federal Acknowledgment Petitions.’’ accord with the commitment to the collection of information is necessary By Secretary’s Order No. 3259, dated principle, stated by the Secretary in her for the proper performance of our February 8, 2005, the Secretary April 1, 2004, memorandum to the migratory bird management functions, delegated to the Associate Deputy Assistant Secretary, that including whether or not the Secretary most of the duties formerly acknowledgment decisions be based on information will have practical utility; delegated to the Assistant Secretary. documentation ‘‘carefully reviewed in
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accordance with regulatory standards acknowledgment staff members have comments.’’ A petitioner’s response to and then made available to the public in performed research—including archival, substantive comments on its petition a transparent and timely manner.’’ The library, and field research—and analysis will be considered for the proposed Secretary stressed the importance of as necessary to verify and evaluate the finding if submitted within 60 days of ‘‘thorough and deliberate evaluations’’ arguments and evidence presented by its notification by the Department of the because acknowledgment decisions the petitioner or third parties. Such receipt of any substantive comments ‘‘must be equitable and defensible.’’ expert research shall continue to be that will be considered for the proposed The internal procedures stated in this done. The acknowledgment staff may finding, or within 60 days of the date by notice do not change the undertake some research or analysis which additional materials had to be acknowledgment regulations. Rather, beyond the arguments and evidence submitted to be considered for the they provide a better means of presented by the petitioner or third proposed finding, whichever is later, implementing the existing regulations parties, at the discretion of the even if active consideration has begun. and managing the agency’s workload Department, only when consistent with The petitioner and third parties retain within the parameters of the regulations producing a decision within the the opportunity under the regulations to and available resources. These regulatory time period. This notice comment on each other’s submissions procedures apply to the Office of clarifies that the acknowledgment staff during the public comment period that Federal Acknowledgment. may acquire relevant and easily follows the proposed finding. This Federal Register notice is to accessible documents not already in the The notice of February 11, 2000, advise petitioners, interested parties, record and may interview stated that the acknowledgment staff and the public of the internal knowledgeable informants not already ‘‘shall not request additional procedural changes adopted by the interviewed for the record. Research to information from the petitioner and Department as part of its response to the obtain additional information that third parties during the preparation of GAO report. It also provides them with clarifies the issues in a case can speed the proposed finding.’’ This notice certain information and guidance to the evaluation of a petition. Research to modifies that limitation. Consistent with promote transparency in the acquire relevant information not that limitation, acknowledgment acknowledgment process and timeliness accessible to the parties or overlooked researchers have requested and in the processing of acknowledgment by the parties by using the professional reviewed documents and analyses that petitions. Petitioners and interested expertise of the acknowledgment staff were incomplete as submitted, available parties will be provided a copy of this can aid the determination of whether in a more usable form than that notice by first class mail. the petitioner meets the regulatory submitted, or referenced but not Regulatory Procedures criteria for acknowledgment and submitted. Acknowledgment staff may provide a clearer basis for the decision. request additional information from the Under the regulations, the petitioner petitioner or third parties at any time has the burden to present evidence that Petitioners and third parties, however, have no expectation that the prior to the proposed finding in order to it meets the mandatory criteria. Section clarify the arguments or evidence 83.6(c) of the acknowledgment acknowledgment staff will perform additional research or analysis to correct submitted by those parties, or to obtain regulations provides that ‘‘the information in the possession of the documented petition must include omissions in their submitted documentation. The burden under the petitioner or third parties that was not thorough explanations and supporting submitted. The proposed finding, regulations remains on the petitioner to documentation in response to all of the however, shall not be delayed to obtain demonstrate that it meets the criteria. criteria.’’ Section 83.6(d) provides that a this information. petition can and will be turned down The notice of February 11, 2000, The notice of February 11, 2000, for lack of evidence. provided that materials submitted after directed that ‘‘technical reports such as The regulations, in § 83.5(c), describe the start of active consideration would have been prepared in the past’’ by the the duties of the Department, in part, by not be reviewed for the proposed acknowledgment staff, which often stating that: ‘‘The Department shall not finding, but would be reviewed for the consisted of multiple technical reports be responsible for the actual research on final determination. This notice reflecting the approaches of different the part of the petitioner.’’ Section modifies that direction. In the future, professional disciplines, should no 83.10(a) of the regulations provides that when the Department notifies the longer be prepared to accompany the the Assistant Secretary ‘‘may * * * petitioner and third parties that a summary evaluation of the evidence initiate other research for any purpose petition will be placed on active under the criteria as part of the report relative to analyzing the documented consideration on a specific date, it also required by § 83.10(h) of the regulations. petition and obtaining additional will notify them of a date by which Consistent with that limitation, new information about the petitioner’s additional material must be submitted forms of charting, arranging, and status.’’ This language makes additional to be considered for the proposed describing the available evidence under research on the part of the Assistant finding. The Department will provide a each criterion have been used. This Secretary discretionary and does not 60-day time period for such notice clarifies the notice of February mandate that any additional research be submissions. Unsolicited submissions 11, 2000, by providing that, in addition carried out. after that date will be reviewed for the to a summary under the criteria, the The notice of February 11, 2000, final determination and not for the Department may prepare a technical limited research by the acknowledgment proposed finding, with the following report, where appropriate, to staff to that needed to verify and exception. Section 83.10(f)(2) of the memorialize the analysis of the evaluate the ‘‘materials presented by the regulations provides that the petitioner evidence that is the basis of the petitioner and submitted by third ‘‘shall be notified of any substantive summary evaluation in order to enhance parties.’’ This notice removes that comment on its petition received prior the transparency of the decision. Such specific limitation, while reaffirming the to the beginning of active consideration a report should not describe all of the importance of timely reviews of the or during the preparation of the evidence submitted, but should focus on evidence by the acknowledgment staff. proposed finding and shall be provided the evidence most important to the Consistent with that limitation, an opportunity to respond to such decision-making process. It remains the
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policy of the Department to provide a The acknowledgment researchers are The Department’s Strategic Plan also complete explanation of the basis for not expected to conduct extensive included consideration of possible acknowledgment decisions. analysis of data that petitioners or third changes in acknowledgment procedures. The notice of February 11, 2000, parties submitted but did not analyze. From this review, the Department has provided that Departmental review of The acknowledgment researchers are identified several ways in which the recommended decisions, including not expected to conduct additional timeliness and transparency of the signature by the Assistant Secretary, ‘‘is research and analysis in preparation for acknowledgment process could be to take no more than six weeks from the any anticipated challenge in court. The improved, both by providing petitioners time the draft recommendation leaves scope of the staff’s professional review and third parties with a better the Branch of Acknowledgment and shall be limited to that necessary to understanding of its policies and by Research office and enters the surname establish whether the petitioner has met suggesting certain practices that could process.’’ This notice clarifies the notice its burden to establish by a reasonable be voluntarily adopted by petitioners of February 11, 2000, by stating that, likelihood of the validity of the facts and third parties in the absence of consistent with practice under that that it meets all seven regulatory changes to the regulations. In notice, the 6-week limitation does not criteria. accordance with the Strategic Plan, the apply to the processes of consultation Section 83.6(a) of the regulations Department reviewed whether petition and briefing by the Office of Federal states that a petition may be ‘‘in any data could be entered into a Acknowledgment that should continue readable form that contains detailed, computerized system, whether a to occur with the Office of the Assistant specific evidence.’’ In some instances, standard format could be adopted for Secretary—Indian Affairs and the Office materials submitted by the petitioner or the submission of petitions, whether of the Solicitor prior to the start of the a third party are poorly organized, do letters of intent should include the Department’s surname process. The not identify the sources or even the submission of governing documents and timely processing of acknowledgment nature of the documents provided, or membership lists, whether third parties petitions will be improved more by such cannot be identified from the source could receive non-privacy documents earlier consultation and briefing than by cited in the text submitted by the without invoking the Freedom of limiting the time period for petitioner or third party. The Information Act (FOIA), whether Departmental review. In addition, the Department may consider such possible impediments to the orderly reorganization of the acknowledgment materials, either in whole or in part, as consideration of petitions such as function into the Office of the Assistant not being in a ‘‘readable form’’ within extensions of time could be resolved, Secretary—Indian Affairs has reduced the meaning of the regulations, and and whether other possible changes in the need for a specified time frame for procedures could improve the acknowledgment researchers shall not the surname process and improved the administration of the acknowledgment expend more than a reasonable amount timeliness of the processing of process. The following information and of time attempting to identify the source acknowledgment petitions by reducing suggestions resulted from this review. the number of levels of Departmental or sources of documentary materials The Office of Federal review. submitted without such information. Acknowledgment has used a computer Certain statements about the Therefore, it is important for the database system (known as FAIR) as a Department’s procedures contained in petitioner and third parties to cite pilot project in several cases. This the notice of February 11, 2000, are clearly the source(s) for each document system is intended to make the clarified and reaffirmed here: submitted in order for it to be given evidentiary record, and the A proposed finding represents the appropriate weight as evidence. Department’s analysis of that evidence, agency’s conclusions at the time that Information and Advice for Petitioners more accessible to petitioners and third finding is made, based on the evidence and Third Parties parties by allowing them to obtain that in the record. One purpose of the record on compact disk (CD). This comment period on the proposed In accordance with the Department’s system holds scanned images of all the finding is to give the petitioner and Strategic Plan of September 12, 2002, documents in the administrative record third parties an opportunity to present the Office of Federal Acknowledgment for a petition and provides on-screen, additional evidence in response to the has created a compilation of all of the computerized access to those findings on the petition. Submissions by Department’s acknowledgment documents. It allows the evidence for a the petitioner and third parties during decisions in order to promote petition to be sorted and retrieved, and the comment period, rather than transparency in the acknowledgment thus improves the ability of petitioners research by the acknowledgment staff, process. This compilation contains all and third parties to find and view are the most appropriate and efficient proposed findings, final determinations, specific documents cited in the means to supplement the record of the and reconsidered final determinations, Department’s findings or in the petition. including their summaries under the submissions of other parties. The The review of a petition is to be criteria, technical reports, charts, acknowledgment staff is available to conducted by a team of professional supporting materials, and Federal provide assistance to petitioners and researchers working in consultation Register notices, plus technical third parties about the use of this with each other. The acknowledgment assistance letters to petitioners and electronic database system. decision is not intended to be a Departmental correspondence relating Petitioners are encouraged to consult definitive study of the petitioning to issues referred by the Interior Board with the acknowledgment staff before group. The acknowledgment staff is of Indian Appeals in acknowledgment and during preparation of a documented expected to use its expertise and cases. This compilation will be petition in order to improve the quality knowledge of sources to evaluate the periodically updated to include future of the petition, reduce the number of accuracy and reliability of the completed cases. This deficiencies noted in a technical submissions, but to conduct its ‘‘Acknowledgment Decisions assistance letter, and thus improve the professional review within the Compilation’’ is available to petitioners, timeliness of the acknowledgment constraints of time established by the third parties, and the public on compact process. Petitioners and third parties are regulations and the resources available. disk (CD). advised to consult with the
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acknowledgment staff before using parties to obtain information or respond may contact the supervisor of the genealogical, database, or other to it. Such voluntary, reciprocal acknowledgment staff (see the contact computer software programs in order to exchanges with other parties may information above) regarding the status maximize compatibility with systems in improve the ability of those parties to of the petition. use within the Office of Federal submit timely comments. If the Under § 83.5 of the regulations, the Acknowledgment. Petitioners and other Department is able to include an Associate Deputy Secretary, or the parties may submit petition materials in evaluation of such submissions in a Assistant Secretary, as appropriate, shall an electronic format, such as images of proposed finding, then all parties will supplement or update the documents, and consult with the be able to reply to that evaluation acknowledgment guidelines as acknowledgment staff to prepare for the during the comment period. These necessary. The advice in this notice inclusion of their petition in the FAIR reciprocal exchanges also would supersedes the existing guidelines for system. Consultation before preparation improve the ability of all parties to preparation of documented petitions of petition materials will facilitate comment after a proposed finding on where they may be in conflict. compatibility and thereby speed the any materials submitted too late to be These revised procedures and review of petitions. considered for the proposed finding. If guidance are effective on March 31, The acknowledgment staff is available such exchanges eliminate a need for 2005. to provide technical assistance to parties to submit FOIA requests, they Dated: March 10, 2005. petitioners and third parties, but can should reduce the collateral duties of understand the organization and the acknowledgment staff and thus James E. Cason, composition of a petitioning group and speed the Department’s processing of Associate Deputy Secretary. its governing body only if the group’s acknowledgment petitions. [FR Doc. 05–6325 Filed 3–30–05; 8:45 am] governing documents and membership The regulations provide, in § 83.10(i), BILLING CODE 4310–G1–P roll are provided. Therefore, these that the comment period that follows a documents should be submitted as soon proposed finding ‘‘may be extended for as possible, preferably with the letter of up to an additional 180 days at the DEPARTMENT OF THE INTERIOR intent, in order for the acknowledgment Assistant Secretary’s discretion upon a staff to provide effective and timely finding of good cause.’’ The Department Bureau of Land Management technical assistance. These items are has interpreted the regulations as required elements of a documented providing for more than one extension. [AZ–068–03–1610–DR–241E] petition under § 83.7(d) and (e). As part It has been the policy of the Department of their comments on a proposed that the finding of ‘‘good cause’’ for any Notice of Availability of Record of finding, petitioners should submit an extension will depend on the specificity Decision for the Imperial Sand Dunes updated membership roll, certified by of the description of work that will be Recreation Area Management Plan their governing body. The petitioner done if additional time is permitted, the (RAMP)/Environmental Impact should include an explanation of any explanation for why the research and Statement (EIS) changes in its membership criteria and/ analysis were not completed during the AGENCY: Bureau of Land Management. or enrollment procedures and any initial comment period or prior ACTION: Notice of availability of Record substantial changes in its membership extension, and the amount of additional of Decision (ROD). since the proposed finding. Petitioners time requested. Any requests for are reminded that, under § 83.11(b), if extensions should be made SUMMARY: In accordance with the they are acknowledged, this list will appropriately in advance of the National Environmental Policy Act become the group’s base membership expiration of the initial or extended (NEPA), the Federal Land Policy and roll. comment period, and petitioners and Management Act (FLPMA), the In order to promote timeliness and third parties should not assume that Endangered Species Act (ESA), and the transparency in the acknowledgment such extensions will be granted either in Bureau of Land Management (BLM) process, especially during the period whole or in part. While extensions of management policies, the BLM between a determination that a the comment period will be granted on announces the availability of the RAMP documented petition is ready for active a showing of good cause, if, because of Record of Decision for the Imperial consideration and publication of a such an extension, a petition is not Sand Dunes located mainly in the proposed finding, petitioners are ready for evaluation for a final Western Colorado Desert Planning Area encouraged to provide a copy of the determination when the and partly in the Northern and Eastern non-privacy materials in their acknowledgment staff is available to be Colorado Desert Planning area. The submissions to the Department directly assigned to it, the Department will California State Director will sign the to the State Attorney General’s Office proceed to evaluate another petition. Record of Decision for the Imperial and any recognized tribe that is an The Department cannot allow delay on Sand Dunes RAMP which becomes interested party in their petition, and one petition to cause delay on other effective immediately. third parties are encouraged to provide petitions. a copy of their submissions to the The Department advises petitioners, ADDRESSES: Copies of the Imperial Sand Department directly to the petitioner, third parties, and their representatives Dunes RAMP/Record Of Decision are the State Attorney General’s Office, and not to contact the Associate Deputy available upon request from the Field any recognized tribe that is an interested Secretary or any other Department Manager, El Centro Field Office, Bureau party. This request does not change the official who may have been delegated of Land Management, 1661 South 4th regulatory requirement, in § 83.10(i), authority to decide matters concerning Street, El Centro, CA 92243 or via the that third parties who submit arguments the acknowledgment petition during the Internet at http://www.ca.blm.gov. and evidence to the Assistant Secretary last 60 days of the regulatory time FOR FURTHER INFORMATION CONTACT: on the proposed finding must provide a period provided for the issuance of a Lynnette Elser, Resource Staff Chief, El copy of their submissions to the proposed finding or final determination. Centro Field Office, El Centro, CA petitioner. This guidance does not During the active consideration of a 92243, phone: 760–337–4400, e-mail: create any rights in petitioners or third petition, the petitioner and third parties [email protected].
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SUPPLEMENTARY INFORMATION: The California Resource Advisory Council Dated: March 23, 2005. Imperial Sand Dunes RAMP was will meet in joint session, and then Joseph J. Fontana, developed with broad public convene in individual business breakout Public Affairs Officer. participation through a multi-year sessions. [FR Doc. 05–6324 Filed 3–30–05; 8:45 am] collaborative planning process. This DATES: BILLING CODE 4310–40–P RAMP addresses management on The meeting will be held approximately 158,072 acres of public Wednesday and Thursday, May 11–12, land in the planning areas. The Imperial 2005, in the Conference Center of the Red Lion Hotel, 1830 Hilltop Dr., INTERNATIONAL TRADE Sand Dunes RAMP is designed to COMMISSION achieve or maintain desired future Redding, Calif. On May 11, the councils conditions developed through the will convene in joint session at 10 a.m. [Investigation No. 731–TA–856 (Review)] planning process. It includes a series of On May 12, the groups will convene management actions to meet the desired individual business sessions beginning Ammonium Nitrate From Russia at 8 a.m. Time for public comment has resource conditions for native plant AGENCY: United States International been set aside for 1 p.m. both days. populations, wildlife habitats, cultural Trade Commission. and visual resources, and recreation. FOR FURTHER INFORMATION CONTACT: Rich ACTION: Institution of a five-year review The approved Imperial Sand Dunes Burns, Manager, BLM Ukiah Field concerning the suspended investigation RAMP is essentially the same as Office, (707) 468–4000; Tim Burke, on ammonium nitrate from Russia. Alternative 2 in the Proposed Imperial Manager, Alturas Field Office, (530) Sand Dunes RAMP and Final 233–4666; or BLM Public Affairs Officer SUMMARY: The Commission hereby gives Environmental Impact Statement Joseph J. Fontana, (530) 252–5332. notice that it has instituted a review (PRAMP/FEIS), published in May 2003. pursuant to section 751(c) of the Tariff BLM received eleven protest(s) to the SUPPLEMENTARY INFORMATION: The Act of 1930 (19 U.S.C. 1675(c)) (the Act) Proposed RAMP/FEIS. No Resource Advisory Councils advise the to determine whether termination of the inconsistencies with State or local Secretary of the Interior, through the suspended investigation on ammonium plans, policies, or programs were BLM, on a variety of planning and nitrate from Russia would be likely to identified during the Governor’s management issues associated with lead to continuation or recurrence of consistency review of the Proposed public land management in Northern material injury. Pursuant to section RAMP/FEIS. As a result, only minor California and parts of Northwest 751(c)(2) of the Act, interested parties editorial modifications were made in Nevada. At the joint session, agenda are requested to respond to this notice preparing the final RAMP/ROD. These topics will include use of recreation by submitting the information specified modifications corrected errors that were user fees, orientation matters, a review below to the Commission; 1 to be noted during review of the Proposed of council charters and a forum with assured of consideration, the deadline RAMP/FEIS and provide further BLM California State Director Mike for responses is May 23, 2005. clarification for some of the decisions. Pool. At its business meeting May 12, Comments on the adequacy of responses An errata sheet is included with the the Northwest Council will discuss BLM may be filed with the Commission by RAMP/Record of Decision that wilderness management, status of the June 14, 2005. For further information identifies the location of the corrections Salmon Creek Resources proposed land concerning the conduct of this review to the Proposed RAMP/FEIS. exchange, the process for establishment and rules of general application, consult Dated: February 7, 2005. of a National Conservation Area in the the Commission’s Rules of Practice and Sacramento River Bend area, Procedure, part 201, subparts A through Larry Caffey, designations under the BLM’s National E (19 CFR part 201), and part 207, Acting Field Manager. Landscape Conservation System, and a subparts A, D, E, and F (19 CFR part [FR Doc. 05–6334 Filed 3–30–05; 8:45 am] status report on the Ukiah Field Office 207). BILLING CODE 4310–40–P Resource Management Plan. Also on DATES: Effective Date: March 31, 2005. May 12, the Northeast RAC will discuss FOR FURTHER INFORMATION CONTACT: land acquisitions, WSA in-holdings, rail DEPARTMENT OF THE INTERIOR Mary Messer (202–205–3193), Office of banking, status of the sagebrush steppe Investigations, U.S. International Trade Bureau of Land Management ecosystem management project and the Commission, 500 E Street SW., status of Resource Management Plan Washington, DC 20436. Hearing- [CA–310–0777–XG] development for the Alturas, Eagle Lake impaired persons can obtain and Surprise field offices. All meetings information on this matter by contacting Notice of Public Meeting: Northwest are open to the public. Members of the California Resource Advisory Council the Commission’s TDD terminal on 202– public may present written comments to 205–1810. Persons with mobility and Northeast California Resource the council. Each formal council Advisory Council impairments who will need special meeting will have time allocated for assistance in gaining access to the AGENCY: Bureau of Land Management, public comments. Depending on the Commission should contact the Office Interior. number of persons wishing to speak, of the Secretary at 202–205–2000. ACTION: Notice of public meeting. and the time available, the time for individual comments may be limited. 1 No response to this request for information is SUMMARY: In accordance with the Members of the public are welcome on required if a currently valid Office of Management field tours, but they must provide their and Budget (OMB) number is not displayed; the Federal Land Policy and Management OMB number is 3117–0016/USITC No. 05–5–117, Act of 1976 (FLPMA), and the Federal own transportation and lunch. expiration date June 30, 2005. Public reporting Advisory Committee Act of 1972 Individuals who plan to attend and burden for the request is estimated to average 10 (FACA), the U. S. Department of the need special assistance, such as sign hours per response. Please send comments language interpretation and other regarding the accuracy of this burden estimate to Interior, Bureau of Land Management the Office of Investigations, U.S. International Trade (BLM) Northwest California Resource reasonable accommodations, should Commission, 500 E Street, SW., Washington, DC Advisory Council and Northeast contact the BLM as provided above. 20436.
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General information concerning the Participation in the review and public is accurate and complete to the best of Commission may also be obtained by service list.—Persons, including the submitter’s knowledge. In making accessing its internet server (http:// industrial users of the Subject the certification, the submitter will be www.usitc.gov). The public record for Merchandise and, if the merchandise is deemed to consent, unless otherwise this review may be viewed on the sold at the retail level, representative specified, for the Commission, its Commission’s electronic docket (EDIS) consumer organizations, wishing to employees, and contract personnel to at http://edis.usitc.gov. participate in the review as parties must use the information provided in any SUPPLEMENTARY INFORMATION: file an entry of appearance with the other reviews or investigations of the Background.—On May 19, 2000, the Secretary to the Commission, as same or comparable products which the Department of Commerce suspended an provided in section 201.11(b)(4) of the Commission conducts under Title VII of antidumping duty investigation on Commission’s rules, no later than 21 the Act, or in internal audits and imports of ammonium nitrate from days after publication of this notice in investigations relating to the programs Russia (65 FR 37759, June 16, 2000). the Federal Register. The Secretary will and operations of the Commission The Commission is conducting a review maintain a public service list containing pursuant to 5 U.S.C. Appendix 3. to determine whether termination of the the names and addresses of all persons, Written submissions.—Pursuant to suspended investigation would be likely or their representatives, who are parties section 207.61 of the Commission’s to lead to continuation or recurrence of to the review. rules, each interested party response to material injury to the domestic industry Former Commission employees who this notice must provide the information within a reasonably foreseeable time. It are seeking to appear in Commission specified below. The deadline for filing will assess the adequacy of interested five-year reviews are reminded that they such responses is May 23, 2005. party responses to this notice of are required, pursuant to 19 CFR 201.15, Pursuant to section 207.62(b) of the institution to determine whether to to seek Commission approval if the Commission’s rules, eligible parties (as conduct a full review or an expedited matter in which they are seeking to specified in Commission rule review. The Commission’s appear was pending in any manner or 207.62(b)(1)) may also file comments determination in any expedited review form during their Commission concerning the adequacy of responses to will be based on the facts available, employment. The Commission’s the notice of institution and whether the which may include information designated agency ethics official has Commission should conduct an provided in response to this notice. advised that a five-year review is the expedited or full review. The deadline Definitions.—The following ‘‘same particular matter’’ as the for filing such comments is June 14, definitions apply to this review: underlying original investigation for 2005. All written submissions must (1) Subject Merchandise is the class or purposes of 19 CFR 201.15 and 18 conform with the provisions of sections kind of merchandise that is within the U.S.C. 207, the post employment statute 201.8 and 207.3 of the Commission’s scope of the five-year review, as defined for Federal employees. Former rules and any submissions that contain by the Department of Commerce. employees may seek informal advice BPI must also conform with the (2) The Subject Country in this review from Commission ethics officials with requirements of sections 201.6 and is Russia. respect to this and the related issue of 207.7 of the Commission’s rules. The (3) The Domestic Like Product is the whether the employee’s participation Commission’s rules do not authorize domestically produced product or was ‘‘personal and substantial.’’ filing of submissions with the Secretary products which are like, or in the However, any informal consultation will by facsimile or electronic means, except absence of like, most similar in not relieve former employees of the to the extent permitted by section 201.8 characteristics and uses with, the obligation to seek approval to appear of the Commission’s rules, as amended, Subject Merchandise. In its original from the Commission under its rule 67 FR 68036 (November 8, 2002). Also, determination, the Commission defined 201.15. For ethics advice, contact Carol in accordance with sections 201.16(c) the Domestic Like Product McCue Verratti, Deputy Agency Ethics and 207.3 of the Commission’s rules, coextensively with the subject Official, at 202–205–3088. each document filed by a party to the merchandise: fertilizer grade Limited disclosure of business review must be served on all other ammonium nitrate products with a bulk proprietary information (BPI) under an parties to the review (as identified by density equal to or greater than 53 administrative protective order (APO) either the public or APO service list as pounds per cubic foot. and APO service list.—Pursuant to appropriate), and a certificate of service (4) The Domestic Industry is the U.S. section 207.7(a) of the Commission’s must accompany the document (if you producers as a whole of the Domestic rules, the Secretary will make BPI are not a party to the review you do not Like Product, or those producers whose submitted in this review available to need to serve your response). collective output of the Domestic Like authorized applicants under the APO Inability to provide requested Product constitutes a major proportion issued in the review, provided that the information.—Pursuant to section of the total domestic production of the application is made no later than 21 207.61(c) of the Commission’s rules, any product. In its original determination, days after publication of this notice in interested party that cannot furnish the the Commission defined the Domestic the Federal Register. Authorized information requested by this notice in Industry as all domestic producers of applicants must represent interested the requested form and manner shall high density ammonium nitrate. parties, as defined in 19 U.S.C. 1677(9), notify the Commission at the earliest (5) The Order Date is the date that the who are parties to the review. A possible time, provide a full explanation investigation was suspended. In this separate service list will be maintained of why it cannot provide the requested review, the Order Date is May 19, 2000. by the Secretary for those parties information, and indicate alternative (6) An Importer is any person or firm authorized to receive BPI under the forms in which it can provide engaged, either directly or through a APO. equivalent information. If an interested parent company or subsidiary, in Certification.—Pursuant to section party does not provide this notification importing the Subject Merchandise into 207.3 of the Commission’s rules, any (or the Commission finds the the United States from a foreign person submitting information to the explanation provided in the notification manufacturer or through its selling Commission in connection with this inadequate) and fails to provide a agent. review must certify that the information complete response to this notice, the
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Commission may take an adverse (a) Production (quantity) and, if Merchandise from the Subject Country inference against the party pursuant to known, an estimate of the percentage of accounted for by your firm’s(s’) exports. section 776(b) of the Act in making its total U.S. production of the Domestic (10) Identify significant changes, if determination in the review. Like Product accounted for by your any, in the supply and demand Information To Be Provided in firm’s(s’) production; conditions or business cycle for the Response To This Notice of Institution: (b) the quantity and value of U.S. Domestic Like Product that have As used below, the term ‘‘firm’’ includes commercial shipments of the Domestic occurred in the United States or in the any related firms. Like Product produced in your U.S. market for the Subject Merchandise in (1) The name and address of your firm plant(s); and the Subject Country since the Order or entity (including World Wide Web (c) the quantity and value of U.S. Date, and significant changes, if any, address if available) and name, internal consumption/company that are likely to occur within a telephone number, fax number, and E- transfers of the Domestic Like Product reasonably foreseeable time. Supply mail address of the certifying official. produced in your U.S. plant(s). conditions to consider include (2) A statement indicating whether (8) If you are a U.S. importer or a technology; production methods; your firm/entity is a U.S. producer of trade/business association of U.S. development efforts; ability to increase the Domestic Like Product, a U.S. union importers of the Subject Merchandise production (including the shift of or worker group, a U.S. importer of the from the Subject Country, provide the production facilities used for other Subject Merchandise, a foreign producer following information on your firm’s(s’) products and the use, cost, or or exporter of the Subject Merchandise, operations on that product during availability of major inputs into a U.S. or foreign trade or business calendar year 2004 (report quantity data production); and factors related to the association, or another interested party in short tons and value data in U.S. ability to shift supply among different (including an explanation). If you are a dollars). If you are a trade/business national markets (including barriers to union/worker group or trade/business association, provide the information, on importation in foreign markets or association, identify the firms in which an aggregate basis, for the firms which changes in market demand abroad). your workers are employed or which are are members of your association. Demand conditions to consider include members of your association. end uses and applications; the existence (3) A statement indicating whether (a) The quantity and value (landed, duty-paid but not including and availability of substitute products; your firm/entity is willing to participate and the level of competition among the in this review by providing information antidumping duties) of U.S. imports and, if known, an estimate of the Domestic Like Product produced in the requested by the Commission. United States, Subject Merchandise (4) A statement of the likely effects of percentage of total U.S. imports of produced in the Subject Country, and the termination of the suspended Subject Merchandise from the Subject Country accounted for by your firm’s(s’) such merchandise from other countries. investigation on the Domestic Industry (11) (Optional) A statement of in general and/or your firm/entity imports; (b) the quantity and value (f.o.b. U.S. whether you agree with the above specifically. In your response, please definitions of the Domestic Like Product discuss the various factors specified in port, including antidumping duties) of U.S. commercial shipments of Subject and Domestic Industry; if you disagree section 752(a) of the Act (19 U.S.C. with either or both of these definitions, 1675a(a)) including the likely volume of Merchandise imported from the Subject Country; and please explain why and provide subject imports, likely price effects of alternative definitions. subject imports, and likely impact of (c) the quantity and value (f.o.b. U.S. imports of Subject Merchandise on the port, including antidumping duties) of Authority: This review is being conducted Domestic Industry. U.S. internal consumption/company under authority of title VII of the Tariff Act (5) A list of all known and currently transfers of Subject Merchandise of 1930; this notice is published pursuant to section 207.61 of the Commission’s rules. operating U.S. producers of the imported from the Subject Country. Domestic Like Product. Identify any (9) If you are a producer, an exporter, By order of the Commission. known related parties and the nature of or a trade/business association of Issued: March 23, 2005. the relationship as defined in section producers or exporters of the Subject Marilyn R. Abbott, 771(4)(B) of the Act (19 U.S.C. Merchandise in the Subject Country, Secretary to the Commission. 1677(4)(B)). provide the following information on [FR Doc. 05–6401 Filed 3–30–05; 8:45 am] your firm’s(s’) operations on that (6) A list of all known and currently BILLING CODE 7020–02–P operating U.S. importers of the Subject product during calendar year 2004 Merchandise and producers of the (report quantity data in short tons and Subject Merchandise in the Subject value data in U.S. dollars, landed and INTERNATIONAL TRADE Country that currently export or have duty-paid at the U.S. port but not COMMISSION exported Subject Merchandise to the including antidumping duties). If you United States or other countries since are a trade/business association, provide [Investigations Nos. 701–TA–269 and 270 the information, on an aggregate basis, and 731–TA–311–314, 317 and 379 (Second the Order Date. Review)] (7) If you are a U.S. producer of the for the firms which are members of your Domestic Like Product, provide the association. Brass Sheet and Strip From Brazil, following information on your firm’s (a) Production (quantity) and, if Canada, France, Germany, Italy, and operations on that product during known, an estimate of the percentage of Japan calendar year 2004 (report quantity data total production of Subject Merchandise in short tons and value data in U.S. in the Subject Country accounted for by AGENCY: United States International dollars, f.o.b. plant). If you are a union/ your firm’s(s’) production; and Trade Commission. worker group or trade/business (b) the quantity and value of your ACTION: Institution of five-year reviews association, provide the information, on firm’s(s’) exports to the United States of concerning the countervailing duty an aggregate basis, for the firms in Subject Merchandise and, if known, an orders on brass sheet and strip from which your workers are employed/ estimate of the percentage of total Brazil and France and the antidumping which are members of your association. exports to the United States of Subject duty orders on brass sheet and strip
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from Brazil, Canada, France, Germany, Brazil (52 FR 698). On January 12, 1987, defined the Domestic Like Product to be Italy, and Japan. Commerce issued antidumping duty all Unified Numbering System (‘‘UNS’’) orders on imports of brass sheet and C20000 domestically produced brass SUMMARY: The Commission hereby gives strip from Brazil and Canada (52 FR sheet and strip. One Commissioner notice that it has instituted reviews 1214). On March 6, 1987, Commerce defined the Domestic Like Product pursuant to section 751(c) of the Tariff issued a countervailing duty order on differently. In its full five-year review Act of 1930 (19 U.S.C. 1675(c)) (the Act) imports of brass sheet and strip from determinations, the Commission to determine whether revocation of the France and antidumping duty orders on defined the Domestic Like Product as all countervailing duty orders on brass imports of brass sheet and strip from UNS C20000 series brass sheet and sheet and strip from Brazil and France France, Germany and Italy (52 FR 6995; strip. For purposes of this notice, the and the antidumping duty orders on Italy amended at 52 FR 11299 (April 8, Domestic Like Product is all UNS brass sheet and strip from Brazil, 1987)). On August 12, 1988, Commerce C20000 series brass sheet and strip. Canada, France, Germany, Italy, and issued an antidumping duty order on (4) The Domestic Industry is the U.S. Japan would be likely to lead to imports of brass sheet and strip from producers as a whole of the Domestic continuation or recurrence of material Japan (53 FR 30454). Following five- Like Product, or those producers whose injury. Pursuant to section 751(c)(2) of year reviews by Commerce and the collective output of the Domestic Like the Act, interested parties are requested Commission, effective May 1, 2000, Product constitutes a major proportion to respond to this notice by submitting Commerce issued a continuation of the of the total domestic production of the the information specified below to the countervailing duty orders on imports of product. In its original countervailing 1 Commission; to be assured of brass sheet and strip from Brazil and duty determination concerning brass consideration, the deadline for France and a continuation of the sheet and strip from Brazil and France responses is May 23, 2005. Comments antidumping duty orders on imports of and antidumping duty determinations on the adequacy of responses may be brass sheet and strip from Brazil, concerning brass sheet and strip from filed with the Commission by June 14, Canada, France, Germany, Italy, and Brazil, Canada, France, Germany, and 2005. For further information Japan (65 FR 25304). The Commission is Italy, the Commission defined the concerning the conduct of these reviews now conducting second reviews to Domestic Industry to include primary and rules of general application, consult determine whether revocation of the mills with casting capabilities and the Commission’s Rules of Practice and orders would be likely to lead to rerollers. In its original anticumping Procedure, part 201, subparts A through continuation or recurrence of material duty determination and the remand E (19 CFR part 201), and part 207, injury to the domestic industry within determination concerning brass sheet subparts A, D, E and F (19 CFR part a reasonably foreseeable time. It will and strip from Japan, the Commission 207). assess the adequacy of interested party defined the Domestic Industry as DATES: Effective Date: March 31, 2005. responses to this notice of institution to producers of the corresponding FOR FURTHER INFORMATION CONTACT: determine whether to conduct full Domestic Like Product. One Mary Messer (202–205–3193), Office of reviews or expedited reviews. The Commissioner defined the Domestic Investigations, U.S. International Trade Commission’s determinations in any Industry differently. In its full five-year Commission, 500 E Street SW., expedited reviews will be based on the review determinations, the Commission Washington, DC 20436. Hearing- facts available, which may include defined the Domestic Like Product to impaired persons can obtain information provided in response to this consist of the domestic producers of notice. information on this matter by contacting UNS C20000 series brass sheet and Definitions.—The following the Commission’s TDD terminal on 202– strip. For purposes of this notice, the definitions apply to these reviews: 205–1810. Persons with mobility (1) Subject Merchandise is the class or Domestic Industry is domestic impairments who will need special kind of merchandise that is within the producers of all UNS C20000 series assistance in gaining access to the scope of the five-year reviews, as brass sheet and strip. Commission should contact the Office defined by Commerce. (5) An Importer is any person or firm of the Secretary at 202–205–2000. (2) The Subject Countries in these engaged, either directly or through a General information concerning the reviews are Brazil, Canada, France, parent company or subsidiary, in Commission may also be obtained by Germany, Italy, and Japan. importing the Subject Merchandise into accessing its Internet server (http:// (3) The Domestic Like Product is the the United States from a foreign www.usitc.gov). The public record for domestically produced product or manufacturer or through its selling these reviews may be viewed on the products which are like, or in the agent. Commission’s electronic docket (EDIS) absence of like, most similar in Participation in the reviews and at http://edis.usitc.gov. characteristics and uses with, the public service list.—Persons, including SUPPLEMENTARY INFORMATION: Subject merchandise. In its original industrial users of the Subject Background.—On January 8, 1987, the countervailing duty determinations Merchandise and, if the merchandise is Department of Commerce (‘‘Commerce’’) concerning brass sheet and strip from sold at the retail level, representative issued a countervailing duty order on Brazil and France and antidumping consumer organizations, wishing to imports of brass sheet and strip from duty determinations concerning brass participate in the reviews as parties sheet and strip from Brazil, Canada, must file an entry of appearance with 1 No response to this request for information is France, Germany, and Italy, the the Secretary to the Commission, as required if a currently valid Office of Management Commission defined the Domestic Like provided in section 201.11(b)(4) of the and Budget (OMB) number is not displayed; the OMB number is 3117–0016/USITC No. 05–5–118, Product to include brass material to be Commission’s rules, no later than 21 expiration date June 30, 2005. Public reporting rerolled (reroll) and finished brass sheet days after the publication of this notice burden for the request is estimated to average 10 and strip (finished products). In its in the Federal Register. The Secretary hours per response. Please send comments original antidumping duty will maintain a public service list regarding the accuracy of this burden estimate to the Office of Investigations, U.S. International Trade determination and the remand containing the names and addresses of Commission, 500 E Street, SW., Washington, DC determination concerning brass sheet all persons, or their representatives, 20436. and strip from Japan, the Commission who are parties to the reviews.
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Former Commission employees who rules, each interested party response to Subject Country. As used below, the are seeking to appear in Commission this notice must provide the information term ‘‘firm’’ includes any related firms. five-year reviews are reminded that they specified below. The deadline for filing (1) The name and address of your firm are required, pursuant to 19 CFR 201.15, such responses is May 23, 2005. or entity (including World Wide Web to seek Commission approval if the Pursuant to section 207.62(b) of the address if available) and name, matter in which they are seeking to Commission’s rules, eligible parties (as telephone number, fax number, and E- appear was pending in any manner or specified in Commission rule mail address of the certifying official. form during their Commission 207.62(b)(1)) may also file comments (2) A statement indicating whether employment. The Commission is concerning the adequacy of responses to your firm/entity is a U.S. producer of seeking guidance as to whether a second the notice of institution and whether the the Domestic Like Product, a U.S. union transition five-year review is the ‘‘same Commission should conduct expedited or worker groups, a U.S. importer of the particular matter’’ as the underlying or full reviews. The deadline for filing Subject Merchandise, a foreign producer original investigation for purposes of 19 such comments is June 14, 2005. All or exporter of the Subject merchandise, CFR 201.15 and 18 U.S.C. 207, the post written submissions must conform with a U.S. or foreign trade or business employment statute for Federal the provisions of sections 201.8 and association, or another interested party employees. Former employees may seek 207.3 of the Commission’s rules and any (including an explanation). If you are a informal advice from Commission ethics submissions that contain BPI must also union/worker group or trade/business officials with respect to this and the conform with the requirements of association, identify the firms in which related issue of whether the employee’s sections 201.6 and 207.7 of the your workers are employed or which are participation was ‘‘personal and Commission’s rules. The Commission’s members of your association. substantial.’’ However, any informal rules do not authorize filing of (3) A statement indicating whether consultation will not relieve former submissions with the Secretary by your firm/entity is willing to participate employees of the obligation to seek facsimile or electronic means, except to in these reviews by providing approval to appear from the the extent permitted by section 201.8 of information requested by the Commission under its rule 201.15. For the Commission’s rules, as amended, 67 Commission. ethics advice, contact Carol McCue FR 68036 (November 8, 2002). Also, in (4) A statement of the likely effects of Verrati, Deputy Agency Ethics Official, accordance with sections 201.16(c) and the revocation of the countervailing at 202–205–3088. 207.3 of the Commission’s rules, each duty and antidumping duty orders on Limited disclosure of business document filed by a party to the reviews the Domestic Industry in general and/or proprietary information (BPI) under an must be served on all other parties to your firm/entity specifically. In your administrative protective order (APO) the reviews (as identified by either the response, please discuss the various and APO service list.—Pursuant to public or APO service list as factors specified in section 752(a) of the section 207.7(a) of the Commission’s appropriate), and a certificate of service Act (19 U.S.C. 1675a(a)) including the rules, the Secretary will make BPI must accompany the document (if you likely volume of subject imports, likely submitted in these reviews available to are not a party to the reviews you do not price effects of subject imports, and authorized applicants under the APO need to serve your response). likely impact of imports of Subject issued in the reviews, provided that the Inability to provide requested Merchandise on the Domestic Industry. application is made no later than 21 information.—Pursuant to section (5) A list of all known and currently days after publication of this notice in 207.61(c) of the Commission’s rules, any operating U.S. producers of the the Federal Register. Authorized interested party that cannot furnish the Domestic Like Product. Identify any applicants must represent interested information requested by this notice in known related parties and the nature of parties, as defined in 19 U.S.C. the requested form and manner shall the relationship as defined in section § 1677(9), who are parties to the notify the Commission at the earliest 771(4)(B) of the Act (19 U.S.C. reviews. A separate service list will be possible time, provide a full explanation 1677(4)(B)). maintained by the Secretary for those of why it cannot provide the requested (6) A list of all known and currently parties authorized to receive BPI under information, and indicate alternative operating U.S. importers of the Subject the APO. forms in which it can provide Merchandise and producers of the Certification.—Pursuant to section equivalent information. If an interested Subject Merchandise in each Subject 207.3 of the Commission’s rules, any party does not provide this notification Country that currently export or have person submitting information to the (or the Commission finds the exported Subject Merchandise to the Commission in connection with these explanation provided in the notification United States or other countries after reviews must certify that the inadequate) and fails to provide a 1998. information is accurate and complete to complete response to the notice, the (7) If you are a U.S. producer of the the best of the submitter’s knowledge. In Commission may take an adverse Domestic Like Product, provide the making the certification, the submitter inference against the party pursuant to following information on your firm’s will be deemed to consent, unless section 776(b) of the Act in making its operations on that product during otherwise specified, for the determinations in the reviews. calendar year 2004 (report quantity data Commission, its employees, and Information To Be Provided in in pounds and value data in U.S. contract personnel to use the Response to This Notice of Institution: If dollars, f.o.b. plant). If you are a union/ information provided in any other you are a domestic producer, union/ worker group or trade/business reviews or investigations of the same or worker group, or trade/business association, provide the information, on comparable products which the association; import/export Subject an aggregate basis, for the firms in Commission conducts under Title VII of Merchandise from more than one which your workers are employed/ the Act, or in internal audits and Subject Country; or produce Subject which are members of your association. investigations relating to the programs Merchandise in more than one Subject (a) Production (quantity) and, if and operations of the Commission Country, you may file a single response. known, an estimate of the percentage of pursuant to 5 U.S.C. Appendix 3. If you do so, please ensure that your total U.S. production of the Domestic Written submissions.—Pursuant to response to each question includes the Like Product accounted for by your section 207.61 of the Commission’s information requested for each pertinent firm’s(s’) production;
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(b) The quantity and value of U.S. (10) Identify significant changes, if Act of 1930 (19 U.S.C. 1675(c)) (the Act) commercial shipments of the Domestic any, in the supply and demand to determine whether revocation of the Like Product produced in your U.S. conditions or business cycle for the antidumping duty orders on polyester plant(s); and Domestic Like Product that have staple fiber from Korea and Taiwan (c) The quantity and value of U.S. occurred in the United States or in the would be likely to lead to continuation internal consumption/company market for the Subject Merchandise in or recurrence of material injury. transfers of the Domestic Like Product the Subject Countries after 1998, and Pursuant to section 751(c)(2) of the Act, produced in your U.S. plant(s). significant changes, if any, that are interested parties are requested to (8) If you are a U.S. importer or a likely to occur within a reasonably respond to this notice by submitting the trade/business association of U.S. foreseeable time. Supply conditions to information specified below to the importers of the Subject Merchandise consider include technology; Commission; 1 to be assured of from the Subject Countries, provide the production methods; development consideration, the deadline for following information on your firm’s(s’) efforts; ability to increase production responses is May 23, 2005. Comments operations on that product during (including the shift of production on the adequacy of responses may be calendar year 2004 (report quantity data facilities used for other products and the filed with the Commission by June 14, in pounds and value data in U.S. use, cost, or availability of major inputs 2005. For further information dollars). If you are a trade/business into production); and factors related to concerning the conduct of these reviews association, provide the information, on the ability to shift supply among and rules of general application, consult an aggregate basis, for the firms which different national markets (including the Commission’s Rules of Practice and are members of your association. barriers to importation in foreign Procedure, part 201, subparts A through (a) The quantity and value (landed, markets or changes in market demand E (19 CFR part 201), and part 207, duty-paid but not including abroad). Demand conditions to consider subparts A, D, E, and F (19 CFR part antidumping or countervailing duties) include end uses and applications; the 207). of U.S. imports and, if known, an existence and availability of substitute DATES: Effective Date: March 31, 2005. estimate of the percentage of total U.S. products; and the level of competition FOR FURTHER INFORMATION CONTACT: imports of Subject Merchandise from among the Domestic Like Product Mary Messer (202–205–3193), Office of each Subject Country accounted for by produced in the United States, Subject Investigations, U.S. International Trade your firm’s(s’) imports. Merchandise produced in the Subject Commission, 500 E Street SW., (b) The quantity and value (f.o.b. U.S. Countries, and such merchandise from Washington, DC 20436. Hearing- port, including antidumping and/or other countries. impaired persons can obtain countervailing duties) of U.S. 11 (Optional) A statement of whether information on this matter by contacting commercial shipments of Subject you agree with the above definitions of the Commission’s TDD terminal on 202– Merchandise imported from each the Domestic Like Product and 205–1810. Persons with mobility Subject Country; and Domestic Industry; if you disagree with impairments who will need special (c) The quantity and value (f.o.b. U.S. either or both of these definitions, assistance in gaining access to the port, including antidumping and/or please explain why and provide Commission should contact the Office countervailing duties) of U.S. internal alternative definitions. of the Secretary at 202–205–2000. consumption/company transfers of Authority: These reviews are being General information concerning the Subject Merchandise imported from conducted under authority of title VII of the Commission may also be obtained by each Subject Country. Tariff Act of 1930; this notice is published accessing its Internet server (http:// (9) If you are a producer, an exporter, pursuant to section 207.61 of the www.usitc.gov). The public record for or a trade/business association of Commission’s rules. these reviews may be viewed on the producers or exporters of the Subject By order of the Commission. Commission’s electronic docket (EDIS) Merchandise in the Subject Counties, Issued: March 23, 2005. at http://edis.usitc.gov. provide the following information on Marilyn R. Abbott, SUPPLEMENTARY INFORMATION: your firm’s(s’) operations on that Secretary to the Commission. Background.—On May 25, 2000, the product during calendar year 2004 [FR Doc. 05–6403 Filed 3–30–05; 8:45 am] Department of Commerce issued (report quantity data in pounds and antidumping duty orders on imports of BILLING CODE 7020–02–M value data in U.S. dollars, landed and polyester staple fiber from Korea and duty-paid at the U.S. port but not Taiwan (65 FR 33807). The Commission including antidumping or INTERNATIONAL TRADE is conducting reviews to determine countervailing duties). If you are a COMMISSION whether revocation of the orders would trade/business association, provide the be likely to lead to continuation or information, on an aggregate basis, for [Investigations Nos. 731–TA–825 and 826 recurrence of material injury to the the firms which are members of your (Review)] domestic industry within a reasonably association. Polyester Staple Fiber From Korea and foreseeable time. It will assess the (a) Production (quantity) and, if Taiwan adequacy of interested party responses known, an estimate of the percentage of to this notice of institution to determine total production of Subject Merchandise AGENCY: United States International in each Subject Country accounted for Trade Commission. 1 No response to this request for information is by your firm’s(s’) production; and required if a currently valid Office of Management ACTION: Institution of five-year reviews and Budget (OMB) number is not displayed; the (b) The quantity and value of your concerning the antidumping duty orders OMB number is 3117–0016/USITC No. 05–5–119, firm’s(s’) exports to the United States of on polyester staple fiber from Korea and expiration date June 30, 2005. Public reporting Subject Merchandise and, if known, an Taiwan. burden for the request is estimated to average 10 estimate of the percentage of total hours per response. Please send comments SUMMARY: regarding the accuracy of this burden estimate to exports to the United States of Subject The Commission hereby gives the Office of Investigations, U.S. International Trade Merchandise from each Subject Country notice that it has instituted reviews Commission, 500 E Street, SW., Washington, DC accounted for by your firm’s(s’) exports. pursuant to section 751(c) of the Tariff 20436.
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whether to conduct full reviews or Merchandise and, if the merchandise is will be deemed to consent, unless expedited reviews. The Commission’s sold at the retail level, representative otherwise specified, for the determinations in any expedited consumer organizations, wishing to Commission, its employees, and reviews will be based on the facts participate in the reviews as parties contract personnel to use the available, which may include must file an entry of appearance with information provided in any other information provided in response to this the Secretary to the Commission, as reviews or investigations of the same or notice. provided in section 201.11(b)(4) of the comparable products which the Definitions.—The following Commission’s rules, no later than 21 Commission conducts under Title VII of definitions apply to these reviews: days after publication of this notice in the Act, or in internal audits and (1) Subject Merchandise is the class or the Federal Register. The Secretary will investigations relating to the programs kind of merchandise that is within the maintain a public service list containing and operations of the Commission scope of the five-year reviews, as the names and addresses of all persons, pursuant to 5 U.S.C. Appendix 3. defined by the Department of or their representatives, who are parties Written submissions.—Pursuant to Commerce. to the reviews. section 207.61 of the Commission’s (2) The Subject Countries in these Former Commission employees who rules, each interested party response to reviews are Korea and Taiwan. are seeking to appear in Commission this notice must provide the information (3) The Domestic Like Product is the five-year reviews are reminded that they specified below. The deadline for filing domestically produced product or are required, pursuant to 19 CFR 201.15, such responses is May 23, 2005. products which are like, or in the to seek Commission approval if the Pursuant to section 207.62(b) of the absence of like, most similar in matter in which they are seeking to Commission’s rules, eligible parties (as characteristics and uses with, the appear was pending in any manner or specified in Commission rule Subject Merchandise. In its original form during their Commission 207.62(b)(1)) may also file comments determinations, the Commission employment. The Commission’s concerning the adequacy of responses to determined that there are two Domestic designated agency ethics official has the notice of institution and whether the Like Products corresponding to (1) low- advised that a five-year review is the Commission should conduct expedited melt fiber and (2) conventional ‘‘same particular matter’’ as the or full reviews. The deadline for filing polyester staple fiber (all subject underlying original investigation for such comments is June 14, 2005. All polyester staple fiber except for low- purposes of 19 CFR 201.15 and 18 written submissions must conform with melt fiber). One Commissioner defined U.S.C. 207, the post employment statute the provisions of sections 201.8 and the Domestic Like Product differently. for Federal employees. Former 207.3 of the Commission’s rules and any Because the Commission made a employees may seek informal advice submissions that contain BPI must also negative determination with respect to from Commission ethics officials with conform with the requirements of low-melt fiber, for purposes of this respect to this and the related issue of sections 201.6 and 207.7 of the notice, the Domestic Like Product is all whether the employee’s participation Commission’s rules. The Commission’s subject polyester staple fiber except for was ‘‘personal and substantial.’’ rules do not authorize filing of low-melt fiber. However, any informal consultation will submissions with the Secretary by (4) The Domestic Industry is the U.S. not relieve former employees of the facsimile or electronic means, except to producers as a whole of the Domestic obligation to seek approval to appear the extent permitted by section 201.8 of Like Product, or those producers whose from the Commission under its rule the Commission’s rules, as amended, 67 collective output of the Domestic Like 201.15. For ethics advice, contact Carol Fed. Reg. 68036 (November 8, 2002). Product constitutes a major proportion McCue Verratti, Deputy Agency Ethics Also, in accordance with sections of the total domestic production of the Official, at 202–205–3088. 201.16(c) and 207.3 of the Commission’s product. In its original determinations, Limited disclosure of business rules, each document filed by a party to the Commission defined two Domestic proprietary information (BPI) under an the reviews must be served on all other Industries: (1) All domestic producers of administrative protective order (APO) parties to the reviews (as identified by low-melt fiber and (2) all domestic and APO service list.—Pursuant to either the public or APO service list as producers of conventional polyester section 207.7(a) of the Commission’s appropriate), and a certificate of service staple fiber. One Commissioner defined rules, the Secretary will make BPI must accompany the document (if you the Domestic Industry differently. submitted in these reviews available to are not a party to the reviews you do not Because the Commission made a authorized applicants under the APO need to serve your response). negative determination with respect to issued in the reviews, provided that the Inability to provide requested low-melt fiber, for purposes of this application is made no later than 21 information.—Pursuant to section notice, the Domestic Industry is all days after publication of this notice in 207.61(c) of the Commission’s rules, any domestic producers of subject polyester the Federal Register. Authorized interested party that cannot furnish the staple fiber except for low-melt fiber. applicants must represent interested information requested by this notice in (5) The Order Date is the date that the parties, as defined in 19 U.S.C. 1677(9), the requested form and manner shall antidumping duty orders under review who are parties to the reviews. A notify the Commission at the earliest became effective. In these reviews, the separate service list will be maintained possible time, provide a full explanation Order Date is May 25, 2000. by the Secretary for those parties of why it cannot provide the requested (6) An Importer is any person or firm authorized to receive BPI under the information, and indicate alternative engaged, either directly or through a APO. forms in which it can provide parent company or subsidiary, in Certification.—Pursuant to section equivalent information. If an interested importing the Subject Merchandise into 207.3 of the Commission’s rules, any party does not provide this notification the United States from a foreign person submitting information to the (or the Commission finds the manufacturer or through its selling Commission in connection with these explanation provided in the notification agent. reviews must certify that the inadequate) and fails to provide a Participation in the reviews and information is accurate and complete to complete response to this notice, the public service list.—Persons, including the best of the submitter’s knowledge. In Commission may take an adverse industrial users of the Subject making the certification, the submitter inference against the party pursuant to
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section 776(b) of the Act in making its operations on that product during total production of Subject Merchandise determinations in the reviews. calendar year 2004 (report quantity data in each Subject Country accounted for Information To Be Provided in in pounds and value data in U.S. by your firm’s(s’) production; and Response To This Notice of Institution: dollars, f.o.b. plant). If you are a union/ (b) The quantity and value of your If you are a domestic producer, union/ worker group or trade/business firm’s(s’) exports to the United States of worker group, or trade/business association, provide the information, on Subject Merchandise and, if known, an association; import/export Subject an aggregate basis, for the firms in Merchandise from more than one which your workers are employed/ estimate of the percentage of total Subject Country; or produce Subject which are members of your association. exports to the United States of Subject Merchandise in more than one Subject (a) Production (quantity) and, if Merchandise from each Subject Country Country, you may file a single response. known, an estimate of the percentage of accounted for by your firm’s(s’) exports. If you do so, please ensure that your total U.S. production of the Domestic (10) Identify significant changes, if response to each question includes the Like Product accounted for by your any, in the supply and demand information requested for each pertinent firm’s(s’) production; conditions or business cycle for the Subject Country. As used below, the (b) The quantity and value of U.S. Domestic Like Product that have term ‘‘firm’’ includes any related firms. commercial shipments of the Domestic occurred in the United States or in the (1) The name and address of your firm Like Product produced in your U.S. market for the Subject Merchandise in or entity (including World Wide Web plant(s); and the Subject Countries since the Order address if available) and name, (c) The quantity and value of U.S. telephone number, fax number, and E- internal consumption/company Date, and significant changes, if any, mail address of the certifying official. transfers of the Domestic Like Product that are likely to occur within a (2) A statement indicating whether produced in your U.S. plant(s). reasonably foreseeable time. Supply your firm/entity is a U.S. producer of (8) If you are a U.S. importer or a conditions to consider include the Domestic Like Product, a U.S. union trade/business association of U.S. technology; production methods; or worker group, a U.S. importer of the importers of the Subject Merchandise development efforts; ability to increase Subject Merchandise, a foreign producer from the Subject Countries, provide the production (including the shift of or exporter of the Subject Merchandise, following information on your firm’s(s’) production facilities used for other a U.S. or foreign trade or business operations on that product during products and the use, cost, or association, or another interested party calendar year 2004 (report quantity data availability of major inputs into (including an explanation). If you are a in pounds and value data in U.S. production); and factors related to the union/worker group or trade/business dollars). If you are a trade/business ability to shift supply among different association, identify the firms in which association, provide the information, on national markets (including barriers to your workers are employed or which are an aggregate basis, for the firms which importation in foreign markets or members of your association. are members of your association. changes in market demand abroad). (3) A statement indicating whether (a) The quantity and value (landed, Demand conditions to consider include your firm/entity is willing to participate duty-paid but not including end uses and applications; the existence in these reviews by providing antidumping duties) of U.S. imports and availability of substitute products; information requested by the and, if known, an estimate of the and the level of competition among the Commission. percentage of total U.S. imports of Domestic Like Product produced in the (4) A statement of the likely effects of Subject Merchandise from each Subject United States, Subject Merchandise the revocation of the antidumping duty Country accounted for by your firm’s(s’) orders on the Domestic Industry in imports; produced in the Subject Countries, and general and/or your firm/entity (b) The quantity and value (f.o.b. U.S. such merchandise from other countries. specifically. In your response, please port, including antidumping duties) of (11) (Optional) A statement of discuss the various factors specified in U.S. commercial shipments of Subject whether you agree with the above section 752(a) of the Act (19 U.S.C. Merchandise imported from each definitions of the Domestic Like Product 1675a(a)) including the likely volume of Subject Country; and and Domestic Industry; if you disagree subject imports, likely price effects of (c) The quantity and value (f.o.b. U.S. with either or both of these definitions, subject imports, and likely impact of port, including antidumping duties) of please explain why and provide imports of Subject Merchandise on the U.S. internal consumption/company alternative definitions. Domestic Industry. transfers of Subject Merchandise (5) A list of all known and currently imported from each Subject Country. Authority: These reviews are being operating U.S. producers of the (9) If you are a producer, an exporter, conducted under authority of title VII of the Domestic Like Product. Identify any or a trade/business association of Tariff Act of 1930; this notice is published known related parties and the nature of producers or exporters of the Subject pursuant to section 207.61 of the the relationship as defined in section Merchandise in the Subject Countries, Commission’s rules. 771(4)(B) of the Act (19 U.S.C. provide the following information on Issued: March 23, 2005. 1677(4)(B)). your firm’s(s’) operations on that By order of the Commission. (6) A list of all known and currently product during calendar year 2004 Marilyn R. Abbott, operating U.S. importers of the Subject (report quantity data in pounds and Merchandise and producers of the value data in U.S. dollars, landed and Secretary to the Commission. Subject Merchandise in each Subject duty-paid at the U.S. port but not [FR Doc. 05–6402 Filed 3–30–05; 8:45 am] Country that currently export or have including antidumping duties). If you BILLING CODE 7020–02–P exported Subject Merchandise to the are a trade/business association, provide United States or other countries since the information, on an aggregate basis, the Order Date. for the firms which are members of your (7) If you are a U.S. producer of the association. Domestic Like Product, provide the (a) Production (quantity) and, if following information on your firm’s known, an estimate of the percentage of
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DEPARTMENT OF JUSTICE Overview of this information in the Sunshine Act (5 U.S.C. 552b), collection: hereby gives notice in regard to the Bureau of Alcohol, Tobacco, Firearms (1) Type of Information Collection: scheduling of meetings for the and Explosives Extension of a currently approved transaction of Commission business and collection. other matters specified, as follows: Agency Information Collection (2) Title of the Form/Collection: DATE AND TIME: Thursday, April 7, 2005, Activities: Proposed Collection; Firearms Transaction Record, Part 1, at 10 a.m. Comments Requested Over-the-Counter. SUBJECT MATTER: (1) Issuance of (3) Agency form number, if any, and Proposed Decisions in claims against ACTION: 60-day notice of information the applicable component of the collection under review: Firearms Albania; Department of Justice sponsoring the (2) Consideration of petitions to Transaction Record, Part 1, Over-the- collection: Form Number: ATF F 4473 Counter. reopen Final Decisions in claims against (5300.9) Part 1. Bureau of Alcohol, Albania; The Department of Justice (DOJ), Tobacco, Firearms and Explosives. (3) Consideration of a petition to Bureau of Alcohol, Tobacco, Firearms (4) Affected public who will be asked withdraw a claim previously filed and Explosives (ATF), has submitted the or required to respond, as well as a brief against Albania. following information collection request abstract: Primary: Individuals or STATUS: Open. to the Office of Management and Budget households. Other: Business or other All meetings are held at the Foreign (OMB) for review and approval in for-profit. The form is used to determine claims Settlement Commission, 600 E accordance with the Paperwork the eligibility (under the Gun Control Street, NW., Washington, DC. Requests Reduction Act of 1995. The proposed Act) of a person to receive a firearm for information, or advance notices of information collection is published to from a Federal firearms licensee and to intention to observe an open meeting, obtain comments from the public and establish the identity of the buyer. It is may be directed to: Administrative affected agencies. Comments are also used in law enforcement Officer, Foreign Claims Settlement encouraged and will be accepted for investigations/inspections to trace Commission, 600 E Street, NW., Room ‘‘sixty days’’ until May 31, 2005. This firearms. The form has been revised to 6002, Washington, DC 20579. process is conducted in accordance with reflect recommended format and Telephone: (202) 616–6988. 5 CFR 1320.10. substantive changes requested by a variety of stake holders including Mauricio J. Tamargo, If you have comments especially on licensees and Federal and state law Chairman. the estimated public burden or enforcement agencies. [FR Doc. 05–6416 Filed 3–29–05; 9:31 am] associated response time, suggestions, (5) An estimate of the total number of BILLING CODE 4410–01–P or need a copy of the proposed respondents and the amount of time information collection instrument with estimated for an average respondent to instructions or additional information, respond: It is estimated that 10,225,000 please contact Cherie Knoblock, DEPARTMENT OF LABOR respondents will complete a 25 minute Firearms Enforcement Branch, Room form. Employment and Training 7400, 650 Massachusetts Avenue, NW., (6) An estimate of the total public Administration Washington, DC 20226. burden (in hours) associated with the Written comments and suggestions collection: There are an estimated Proposed Information Collection; from the public and affected agencies 4,260,417 annual total burden hours Comments: Work Opportunity Tax concerning the proposed collection of associated with this collection. Credit Program and the Welfare-to- information are encouraged. Your If additional information is required Work Tax Credit comments should address one or more contact: Brenda E. Dyer, Department ACTION: Notice. of the following four points: Clearance Officer, Policy and Planning —Evaluate whether the proposed Staff, Justice Management Division, SUMMARY: The Department of Labor, as collection of information is necessary Department of Justice, Patrick Henry part of its continuing effort to reduce for the proper performance of the Building, Suite 1600, 601 D Street NW., paperwork and respondent burden, functions of the agency, including Washington, DC 20530. conducts a pre-clearance consultation whether the information will have Dated: March 25, 2005. program to provide the general public practical utility; Brenda E. Dyer, and Federal agencies with an —Evaluate the accuracy of the agencies Department Clearance Officer, Department of opportunity to comment on proposed estimate of the burden of the Justice. and/or continuing collections of proposed collection of information, [FR Doc. 05–6335 Filed 3–30–05; 8:45 am] information in accordance with the including the validity of the BILLING CODE 4410–FY–P Paperwork Reduction Act of 1995 methodology and assumptions used; (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This —Enhance the quality, utility, and program helps to ensure that requested clarity of the information to be DEPARTMENT OF JUSTICE data can be provided in the desired collected; and format, reporting burden (time and —Minimize the burden of the collection Foreign Claims Settlement financial resources) is minimized, of information on those who are to Commission collection instruments are clearly respond, including through the use of understood, and the impact of collection appropriate automated, electronic, [F.C.S.C. Meeting Notice No. 2–05] requirements on respondents can be mechanical, or other technological Sunshine Act Meetings; Notice properly assessed. Currently, the collection techniques or other forms Employment and Training of information technology, e.g., The Foreign Claims Settlement Administration (ETA) is soliciting permitting electronic submission of Commission, pursuant to its regulations comments on the proposed extension responses. (45 CFR part 504) and the Government (without change) of the Work
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Opportunity Tax Credit (WOTC) workforce agencies (SWAs) and approval under the Paperwork Program and the Welfare-to-Work Tax provided to the Division of Employment Reduction Act of 1995 (PRA95) (44 Credit (WtWTC) electronic reporting Services, Office of Workforce U.S.C. 3506(c)(2)(A)) to extend the forms ETA 9057–9059; administrative Investment, Washington, DC, through collection of information and use of forms ETA 9061–9065; and the the appropriate Department of Labor program materials for the WOTC and following program related documents: (DOL) regional offices via quarterly WtWTC. On October 4, 2004, the November 2002, Third Edition of ETA management reports. The data obtained President signed into law the ‘‘Working Handbook No. 408; Planning Guidance from the administrative or processing Families Tax Relief Act of 2004,’’ P.L. Training and Employment Guidance forms will be used for WOTC and 108–311. This law reauthorized the Letter (TEGL) for the Work Opportunity WtWTC national office program WOTC and WtWTC, without changes, Tax Credit Program and Welfare-to- performance management and outcome through December 31, 2005. The Work Tax Credit Allotments Fiscal Year reporting. reauthorization is retroactive to the tax (FY) 2005; and the Technical Assistance II. Desired Focus of Comments credits’ expiration date of December 31, and Review Guide. This request covers 2003. OMB authorization for the WOTC the period from March 31, 2005 through Currently, ETA is soliciting comments and WtWTC administrative and June 30, 2006. A copy of the proposed concerning the proposed extension electronic reporting forms will expire on Information Collection Request (ICR) (without change) of the WOTC Program March 31, 2005. Further, the can be obtained by contacting the office and the WtWTC electronic reporting Government Paperwork Elimination Act listed below in the addressee section of forms ETA 9057–9059; administrative (GPEA) of 1998 (Pub. L. 105–277) this notice. forms ETA 9061–9065; and the requires that, when feasible, Federal following program related documents: DATES: Submit comments on or before agencies design and implement the use November 2002, Third Edition of ETA May 31, 2005. of automated systems that facilitate the Handbook No. 408; Planning Guidance electronic signature and filing of forms ADDRESSES: Send comments to: TEGL for the Work Opportunity Tax Anthony Dais, U.S. Department of (by participants) to conduct official Credit Program and Welfare-to-Work business with the public by 2003. The Labor, Employment and Training Tax Credit Allotments for Fiscal Year Administration, Division of Division of Employment Services, Office (FY) 2004; and the Technical Assistance of Workforce Investment, complied with Employment Services, Office of and Review Guide. Workforce Investment, Room S–4231, this requirement by successfully The Department of Labor is implementing an electronic reporting 200 Constitution Avenue, NW., particularly interested in comments Washington, DC 20210 (202–693– system for the tax credits’ program and which: the WOTC and WtWTC quarterly 2784—not a toll free number), fax: 202– • Evaluate whether the proposed reports. The automated reporting system 693–3015, and e-mail address: collection of information is necessary is known as ETA’s Enterprise [email protected]; or for the proper performance of the Information Management System (EIMS) Send comments to: Dennis I. functions of the agency, including Tax Credit Reporting System (TCRS). Lieberman, U.S. Department of Labor, whether the information will have The EIMS/TCRS is a Web-based system Employment and Training practical utility; Administration, Division of Adults and • Evaluate the accuracy of the that allows states to meet the reporting Dislocated Workers, Office of Workforce agency’s estimate of the burden of the responsibilities in a more efficient Investment, Room S–4231, 200 proposed collection of information, manner while reducing the reporting Constitution Avenue, NW., Washington, including the validity of the burden on the state, regional, and DC 20210 (202–693–3580—not a toll methodology and assumptions used; national levels. Through this system, free number), fax: 202–693–3587, and e- • Enhance the quality, utility, and states can manually enter or mail address: clarity of the information to be electronically upload the required [email protected]. collected; and quarterly data reports (ETA forms 9057, • Minimize the burden of the 9058 and 9059). This electronic FOR FURTHER INFORMATION CONTACT: collection of information on those who reporting system reduced burden hours Carmen Ortiz, U.S. Department of Labor, are to respond by including the use of by 78 percent from 3,215,368 annual Employment and Training appropriate automated, electronic, burden hours estimated for these forms Administration, Division of mechanical, or other technological in the 2002 ICR to 703,125 actual Employment Services, Office of collection techniques or other forms of burden hours in 2004. The present ICR Workforce Investment, Room S–4231, information technology, e.g., permitting reflects the substantial decrease in 200 Constitution Avenue, NW., electronic submissions of responses. response time for these forms. Washington, DC 20210 (202–693– A copy of the proposed Information Type of Review: Extension (without 2786—not a toll free number), fax: 202– Collection Request (ICR) can be change). 693–3015, and e-mail address: obtained by contacting the office listed [email protected]. Agency: employment and Training above in the addressee section of this Administration. SUPPLEMENTARY INFORMATION: notice. Title: Work Opportunity Tax Credit I. Background III. Current Actions and Welfare-to-Work Tax Credit. Data on the WOTC and the WtWTC This is a request for Office of OMB Number: 1205–0371. Tax Credits will be collected by the state Management and Budget (OMB) Burden Hours: (See Chart Below)
Average Requirement Total Frequency Annual response Annual respondents response time burden hours
Form 9057 ...... 52 Quarterly ...... 208 1:00 208 Form 9058 ...... 52 Quarterly ...... 208 1:00 208 Form 9059 ...... 52 Quarterly ...... 208 1:00 208
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Average Requirement Total Frequency Annual response Annual respondents response time burden hours
Employer/Job-seeker Complete Form 9061 770,000 On occasion ...... 770,000 .33 254,100 Form 9061 processed by SWAs ...... 52 On occasion ...... 770,000 .33 254,100 Form 9062 ...... 52 On occasion ...... 40 .33 13 Form 9063 ...... 52 On occasion ...... 440,000 .33 145,200 Form 9065 ...... 52 Quarterly ...... 208 1:00 208 Recordkeeping ...... 52 Annually ...... 52 931 48,412 Planning Guidance ...... 52 One time ...... 52 8:00 416 Modification Planning Guidance ...... 52 One time ...... 52 1:00 52
Total ...... 1,801,028 ...... 703,125
Total Burden Hours: 703,125. estimate of the burden of the collection annuity will be equal to the amount Total Burden Cost (capital/startup): 0. of the information; (c) ways to enhance (before any reduction for age or Total Burden Cost (operating/ the quality, utility, and clarity of the deduction for work) the employee maintaining): 0. information to be collected; and (d) would receive if he or she would have Comments submitted in response to ways to minimize the burden related to been entitled to a like benefit under the this notice will be summarized and/or the collection of information on Social Security Act. The reduction for a included in the request for Office of respondents, including the use of non-covered service pension also Management and Budget approval of the automated collection techniques or applies to a Tier I portion of employees information collection request, and they other forms of information technology. under the RRA where the annuity or will also become a matter of public non-covered service pension begins 1. Title and Purpose of Information record. after 1985. Since the amount of a Tier Collection Dated: Signed at Washington, DC, this 25th I benefit of a spouse is one-half of the day of March, 2005. Employee Non-Covered Service employee’s Tier I, the spouse annuity is Emily Stover DeRocco, Pension Questionnaire; OMB 3220– also affected by the employee’s non- 0154. Section 215(a)(7) of the Social Assistant Secretary, Employment and covered service pension reduction of his Training. Security Act provides for a reduction in or her Tier I benefit. social security benefits based on [FR Doc. E5–1412 Filed 3–30–05; 8:45 am] The RRB utilizes Form G–209, employment not covered under the Employee Non-Covered Service Pension BILLING CODE 4510–30–P Social Security Act or the Railroad Questionnaire, to obtain needed Retirement Act (RRA). This provision information from railroad retirement applies a different social security benefit employee applicants or annuitants RAILROAD RETIREMENT BOARD formula to most workers who are first about the receipt of a pension based on Proposed Collection; Comment eligible after 1985 to both a pension employment not covered under the Request based in whole or in part on non- Railroad Retirement Act or the Social covered employment and a social Security Act. It is used as both a Summary: In accordance with the security retirement or disability benefit. supplement to the employee annuity requirement of section 3506(c)(2)(A) of There is a guarantee provision that application, and as an independent the Paperwork Reduction Act of 1995 limits the reduction in the social questionnaire to be completed when an which provides opportunity for public security benefit to one-half of the individual who is already receiving an comment on new or revised data portion of the pension based on non- employee annuity, becomes entitled to a collections, the Railroad Retirement covered employment after 1956. Section pension. One response is requested of Board (RRB) will publish periodic 8011 of Public Law 100–647 changed each respondent. Completion is summaries of proposed data collections. the effective date of the onset from the required to obtain or retain benefits. The Comments are invited on: (a) Whether first month of eligibility to the first RRB proposes no changes to Form G– the proposed information collection is month of concurrent entitlement to the 209. necessary for the proper performance of non-covered service benefit and the the functions of the agency, including RRA benefit. Estimate of Annual Respondent Burden whether the information has practical Section 3(a)(1) of the RRA provides The estimated annual respondent utility; (b) the accuracy of the RRB’s that the Tier I benefit of an employee burden is as follows:
Annual Time Burden Form #(s) responses (min) (hrs)
G–209 (partial questionnaire) ...... 100 1 2 G–209 (full questionnaire) ...... 400 8 53
Total ...... 500 55
2. Title and Purpose of Information Unemployment Insurance Act, CFR 327.5, ‘‘available for work’’ is Collection unemployment benefits are not payable defined as being willing and ready for for any day for which the claimant is work. This section further provides that Availability for Work; OMB 3220– not available for work. Under Railroad a person is ‘‘willing’’ to work if that 0164. Under section 1(k) of the Railroad Retirement Board (RRB) regulation 20 person is willing to accept and perform
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for hire such work as is reasonably such work within the time usually and UI–38s to obtain information from appropriate to his or her employment allotted. the claimant and Form ID–8k from his circumstances. The section also Under RRB regulation 20 CFR 327.15, union representative. One response is provides that a claimant is ‘‘ready’’ for a claimant may be requested at any time completed by each respondent. The RRB work if he or she: (1) Is in a position to to show, as evidence of willingness to proposes no changes to Forms UI–38, receive notice of work and is willing to work, that he or she is making UI–38s and ID–8k. reasonable efforts to obtain work. In accept and perform such work, and (2) Estimate of Annual Respondent Burden is prepared to be present with the order to determine whether a claimant customary equipment at the location of is: (a) Available for work, and (b) willing The estimated annual respondent to work, the RRB utilizes Forms UI–38 burden is as follows:
Annual re- Form # sponses Time (min) Burden (hrs)
UI–38s ...... In person ...... 250 6 25 By mail ...... 500 10 83 UI–38 ...... 3,750 11.5 719 ID–8k ...... 3,100 5 258
Total ...... 7,600 1,085
Additional Information or Comments: (7) Estimated annual number of SECURITIES AND EXCHANGE To request more information or to respondents: 3,600. COMMISSION obtain a copy of the information (8) Total annual responses: 3,600. collection justifications, forms, and/or [Release No. IC–26823] supporting material, please call the RRB (9) Total annual reporting hours: 360. Clearance Officer at (312) 751–3363 or (10) Collection description: Under Notice of Applications for send an e-mail request to section 2(e)(2) of the Railroad Deregistration Under Section 8(f) of the [email protected]. Comments Retirement Act, the Railroad Retirement Investment Company Act of 1940 regarding the information collection Board must have evidence that an March 25, 2005. should be addressed to Ronald J. annuitant for an age and service, spouse, The following is a notice of Hodapp, Railroad Retirement Board, 844 or divorced spouse annuity has ceased applications for deregistration under N. Rush Street, Chicago, Illinois 60611– railroad employment and relinquished section 8(f) of the Investment Company 2092 or send an e-mail to their rights to return to the service of a Act of 1940 for the month of March, [email protected]. Comments railroad employer. The collection should be received within 60 days of 2005. A copy of each application may be provides the means forobtaining this this notice. obtained for a fee at the SEC’s Public evidence. Reference Branch, 450 Fifth St., NW., Charles Mierzwa, Additional Information or Comments: Washington, DC 20549–0102 (tel. 202– Clearance Officer. Copies of the forms and supporting 942–8090). An order granting each [FR Doc. 05–6337 Filed 3–30–05; 8:45 am] documents can be obtained from application will be issued unless the BILLING CODE 7905–01–M Charles Mierzwa, the agency clearance SEC orders a hearing. Interested persons officer (312–751–3363) or may request a hearing on any [email protected]. application by writing to the SEC’s RAILROAD RETIREMENT BOARD Secretary at the address below and Comments regarding the information serving the relevant applicant with a Agency Forms Submitted for OMB collection should be addressed to Review copy of the request, personally or by Ronald J. Hodapp, Railroad Retirement mail. Hearing requests should be Summary: In accordance with the Board, 844 North Rush Street, Chicago, received by the SEC by 5:30 p.m. on Paperwork Reduction Act of 1995 (44 Illinois, 60611–2092 or April 19, 2005, and should be U.S.C. Chapter 35), the Railroad [email protected] and to the accompanied by proof of service on the Retirement Board (RRB) has submitted OMB Desk Officer for the RRB, at the applicant, in the form of an affidavit or, the following proposal(s) for the Office of Management and Budget, for lawyers, a certificate of service. collection of information to the Office of Room 10230, New Executive Office Hearing requests should state the nature Management and Budget for review and Building, Washington, DC 20503. of the writer’s interest, the reason for the approval. request, and the issues contested. Charles Mierzwa, Persons who wish to be notified of a Summary of Proposal(s) Clearance Officer. hearing may request notification by (1) Collection title: Certification of [FR Doc. 05–6338 Filed 3–30–05; 8:45 am] writing to the Secretary, SEC, 450 Fifth Relinquishment of Rights. BILLING CODE 7905–01–P Street, NW., Washington, DC 20549– (2) Form(s) submitted: G–88. 0609. (3) OMB Number: 3220–0016. (4) Expiration date of current OMB FOR FURTHER INFORMATION CONTACT: clearance: May 31, 2005. Diane L. Titus at (202) 551–6810, SEC, (5) Type of request: Extension of a Division of Investment Management, currently approved collection. Office of Investment Company (6) Respondents: Individuals or Regulation, 450 Fifth Street, NW., households. Washington, DC 20549–0504.
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TS&W/Heitman/Claymore Equity The Gannett Welsh & Kotler Funds [File declaring that it has ceased to be an Income Fund [File No. 811–21456] No. 811–7673] investment company. Applicant has Summary: Applicant, a closed-end Summary: Applicant seeks an order never made a public offering of its investment company, seeks an order declaring that it has ceased to be an securities and does not propose to make declaring that it has ceased to be an investment company. On October 4, a public offering or engage in business investment company. Applicant has 2002, applicant transferred its assets to of any kind. never made a public offering of its BNY Hamilton Multi-Cap Equity Fund, Filing Dates: The application was securities and does not propose to make based on net asset value. Any expenses filed on January 25, 2005, and amended a public offering or engage in business incurred in connection with the on March 11, 2005. of any kind. reorganization were paid by Bank of Applicant’s Address: 333 West Filing Date: The application was filed New York, investment adviser to the Wacker Dr., Chicago, IL 60606. on February 28, 2005. acquiring fund. Nuveen AIM Municipal Income and Applicant’s Address: 2455 Corporate Filing Dates: The application was Equity Growth Fund [File No. 811– West Dr., Lisle, IL 60532. filed on November 23, 2004, and 8756] amended on March 1, 2005. Morgan Stanley Market Leader Trust Applicant’s Address: Gannett Welsh & Summary: Applicant, a closed-end [File No. 811–7915] Kotler, Inc., 222 Berkeley St., Boston, management company, seeks an order Summary: Applicant seeks an order MA 02116. declaring that it has ceased to be an declaring that it has ceased to be an investment company. Applicant has Brundage, Story and Rose Investment investment company. On February 24, never made a public offering of its Trust [File No. 811–6185] 2004, applicant transferred its assets to securities and does not propose to make Morgan Stanley Growth Fund, based on Summary: Applicant seeks an order a public offering or engage in business net asset value. Expenses of $333,000 declaring that it has ceased to be an of any kind. incurred in connection with the investment company. On June 8, 2003, Filing Dates: The application was reorganization were paid by applicant. applicant transferred its assets to Old filed on January 25, 2005, and amended Filing Date: The application was filed Westbury Funds, Inc., based on net asset on March 11, 2005. on March 7, 2005. value. Any expenses incurred in Applicant’s Address: 333 West Applicant’s Address: Morgan Stanley connection with the reorganization were Wacker Dr., Chicago, IL 60606. Investment Advisors Inc., 1221 Avenue paid by Bessemer Investment of the Americas, New York, NY 10020. Management, investment adviser to the Dole Food Automatic Common Exchange Security Trust [File No. 811– Atalanta Sosnoff Investment Trust [File acquiring fund. Filing Dates: The application was 7499] No. 811–8669] filed on November 23, 2004, and Republic Industries Automatic Summary: Applicant seeks an order amended on February 28, 2005. Common Exchange Security Trust [File declaring that it has ceased to be an Applicant’s Address: Brundage, Story No. 811–8069] investment company. On October 1, and Rose LLC, 630 Fifth Ave., New 2004, applicant made a liquidating York, NY 10111. Readers Digest Automatic Common distribution to its shareholders, based Exchange [File No. 811–8237] Riggs Funds [File No. 811–6309] on net asset value. Expenses of $12,948 Summary: Each applicant, a closed- Summary: Applicant seeks an order incurred in connection with the end investment company, seeks an declaring that it has ceased to be an liquidation were paid by Atalanta order declaring that it has ceased to be investment company. On September 29, Sosnoff Capital, LLC, applicant’s an investment company. Between 2003, each of applicant’s series investment adviser. August 15, 1999 and February 15, 2001, Filing Date: The application was filed transferred its assets to corresponding each applicant made a pro rata on February 28, 2005. series of the following funds based on liquidating distribution to its Applicant’s Address: 101 Park Ave., net asset value: Federated Capital shareholders, as provided for in each New York, NY 10178. Appreciation Fund, Federated applicant’s registration statement. Kaufmann Fund, Federated Total Return Phoenix-LJH Advisors Fund LLC [File Applicants incurred no expenses in Government Bond Fund, Federated No. 811–21138] connection with the liquidations. Total Return Bond Fund, Federated Summary: Applicant, a closed-end Short-Term Municipal Trust, Federated Filing Dates: The applications were investment company, seeks an order Intermediate Municipal Trust, filed on January 10, 2005, and amended declaring that it has ceased to be an Automated Cash Management Trust, on March 10, 2005. investment company. On September 30, and Automated Government Money Applicants’ Address: Attn: Betty A. 2004, applicant made a liquidating Trust. Expenses of $248,377 incurred in Cocozza, Bank of New York, 101 Barclay distribution to its shareholders, based connection with the reorganization were St., 8th Floor, New York, NY 10286. on net asset value. Applicant has two paid by applicant and the acquiring Express Scripts Automatic Exchange remaining shareholders, once fund. Security Trust [File No. 811–9427] applicant’s pending receivables are Filing Dates: The application was collected, the remaining assets will be filed on November 16, 2004, and Summary: Applicant, a closed-end distributed. Applicant paid $45,000 in amended on February 23, 2005. investment company, seeks an order expenses incurred in connection with Applicant’s Address: 5800 Corporate declaring that it has ceased to be an the liquidation. Dr., Pittsburgh, PA 15237. investment company. On November 17, Filing Dates: The application was 2003, applicant made a pro rata filed on November 22, 2004, and Nuveen EquityBuilder Equity Unit liquidating distribution to its amended on March 1, 2005. Investment Trust Series 1 [File No. 811– shareholders, as provided for in Applicant’s Address: 2640 Golden 7079] applicant’s registration statement. Gate Pkwy., Suite 205, Naples, FL Summary: Applicant, a unit Applicant incurred no expenses in 34105. investment trust, seeks an order connection with the liquidation.
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Filing Dates: The application was SECURITIES AND EXCHANGE Commission is publishing this notice filed on January 4, 2005, and amended COMMISSION and order to solicit comments on the proposed rule change, as amended, from on March 10, 2005. [Release No. 34–51433; File No. SR–BSE– interested persons and to approve the Applicant’s Address: Attention: Bruce 2004–54] proposal on an accelerated basis. Vecchio—Institutional Trust Services, JP Morgan Chase Bank, 4 New York Self-Regulatory Organizations; Notice I. Self-Regulatory Organization’s Plaza, 13th Floor, New York, NY 10004. of Filing and Order Granting Statement of the Terms of Substance of Accelerated Approval of Proposed the Proposed Rule Change CVS Automatic Common Exchange Rule Change and Amendment Nos. 1, Security Trust [File No. 811–8539] 2, and 3 Thereto by the Boston Stock BSE proposes to trade GLD pursuant Exchange, Inc. To Trade the to UTP. The text of the proposed rule Estee Lauder Automatic Common streetTRACKS Gold Shares Pursuant change is available on the Exchange’s Exchange Security Trust [File No. 811– to Unlisted Trading Privileges Web site (http://www.bostonstock.com), 8761] at the principal office of the Exchange, March 24, 2005. and at the Commission’s Public Estee Lauder Automatic Common Pursuant to Section 19(b)(1) of the Reference Room. Exchange Security Trust II [File No. Securities Exchange Act of 1934 811–8827] 1 2 II. Self-Regulatory Organization’s (‘‘Act’’) and Rule 19b–4 thereunder, Statement of the Purpose of, and notice is hereby given that on November Amdocs Automatic Common Exchange Statutory Basis for, the Proposed Rule 29, 2004, the Boston Stock Exchange, Security Trust [File No. 811–9245] Change Inc. (‘‘BSE’’ or ‘‘Exchange’’) filed with NBCi Automatic Common Exchange the Securities and Exchange In its filing with the Commission, the Security Trust [File No. 811–9323] Commission (‘‘Commission’’) the Exchange included statements concerning the purpose of, and basis for, Summary: Each applicant, a closed- proposed rule change as described in Items I and II below, which Items have the proposed rule change and discussed end investment company, seeks an any comments it received on the order declaring that it has ceased to be been substantially prepared by the Exchange. The proposal would permit proposed rule change. The text of these an investment company. Between May the Exchange to trade the statements may be examined at the 15, 2001 and September 11, 2002, each streetTRACKS Gold Shares (‘‘GLD’’ or places specified in Item III below. The applicant made a pro rata liquidating ‘‘Shares’’) pursuant to unlisted trading Exchange has prepared summaries, set distribution to its shareholders, as privileges (‘‘UTP’’). The Shares forth in Sections A, B, and C below, of provided for in the applicant’s represent units of fractional undivided the most significant aspects of such registration statement. Applicants beneficial interests in and ownership of statements. incurred no expenses in connection the streetTRACKS Gold Trust A. Self-Regulatory Organization’s with the liquidations. (‘‘Trust’’). The Commission previously Statement of the Purpose of, and Filing Dates: The applications were has approved GLD for original listing Statutory Basis for, the Proposed Rule filed on January 4, 2005, and amended and trading on the New York Stock Change on March 10, 2005. Exchange (‘‘NYSE’’).3 On December 17, 2004, BSE filed 1. Purpose Applicant’s Address: Attention: Bruce Amendment No. 1,4 on January 28, Vecchio—Institutional Trust Services, The Exchange proposes to trade the 2005, BSE filed Amendment No. 2,5 and streetTRACKS Gold Shares (ticker JP Morgan Chase Bank, 4 New York on March 11, 2005, BSE filed symbol: GLD) pursuant to UTP. The Plaza, 13th Floor, New York, NY 10004. Amendment No. 3 6 to the proposal. The value of each Share will correspond to 10K Smart Trust Fund [File No. 811– a fixed amount of gold 7 and fluctuate 1 9283] 15 U.S.C. 78s(b)(1). with the spot price of gold. Purchasing 2 17 CFR 240.19b–4. Shares in the Trust provides investors a Summary: Applicant seeks an order 3 See Securities Exchange Act Release No. 50603 (October 28, 2004), 69 FR 64614 (November 5, 2004) mechanism to participate in the gold declaring that it has ceased to be an (‘‘NYSE Approval Order’’). market. investment company. On August 31, 4 In Amendment No. 1, BSE revised its proposal a. Description of the Gold Market 2000, applicant made a liquidating by specifically indicating additions to existing rule distribution to its shareholders, based text. The global trade in gold consists of 5 In Amendment No. 2, BSE replaced the over-the-counter (‘‘OTC’’) transactions on net asset value. Applicant incurred amended filing in its entirety to, among other no expenses in connection with the things: (1) M ake certain corrections to reflect that in spot, forwards, and options and other liquidation. the Shares were listed and have been trading on derivatives, together with exchange- NYSE; (2) clarify that last sale prices for the Shares traded futures and options. The global Filing Dates: The application was are disseminated on a real-time basis; (3) state that gold market consists of the following filed on December 23, 2004, and BSE would provide a link to the Trust’s Web site; components, described briefly below. amended on March 3, 2005. (4) add a description of the initial Shares issuance and continued trading of the Shares; (5) clarify that (1) The OTC Market Applicant’s Address: 5952 Royal Ln., the Shares would trade on the Exchange until 4:15 Suite 270, Dallas, TX 75230. p.m. Eastern Time; and (6) that its surveillance The OTC market trades on a procedures would be adequate to detect and deter continuous basis 24 hours per day and For the Commission, by the Division of manipulation. accounts for most global gold trading. Investment Management, pursuant to 6 In Amendment No. 3, BSE amended the delegated authority. proposed rule text to specify that an approved person of an equity specialist that has established capacity, other than as a specialist in the Shares on Margaret H. McFarland, and obtained Exchange approval of procedures another market center, in gold or gold derivatives. 7 Deputy Secretary. restricting the flow of material, non-public market Initially, each Share will correspond to one- information between itself and the specialist tenth of a troy ounce of gold. The amount of gold [FR Doc. E5–1411 Filed 3–30–05; 8:45 am] member organization pursuant to BSE Chapter II, associated with each Share is expected to decrease BILLING CODE 8010–01–P Section 36 and any member, officer, or employee over time as the Trust incurs and pays maintenance associated therewith, may act in a market-making fees and other expenses.
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Liquidity in the OTC market can vary (2) Futures Exchanges manipulation, abusive trade practices, from time to time during the course of and fraud. The most significant gold futures the 24-hour trading day. Fluctuations in exchanges are COMEX and the Tokyo TOCOM has authority to perform liquidity are reflected in adjustments to Commodity Exchange (‘‘TOCOM’’).11 financial and operational surveillance dealing spreads—the differential Trading on these exchanges is based on on its members’ trading activities, between a dealer’s ‘‘buy’’ and ‘‘sell’’ fixed delivery dates and transaction scrutinize positions held by members prices. According to the Trust’s sizes for the futures and options and large-scale customers, and monitor Registration Statement, the period of contracts traded. Trading costs are the price movements of futures markets greatest liquidity in the gold market is negotiable. As a matter of practice, only by comparing them with cash and other typically when trading in the European a small percentage of the futures market derivative markets’ prices. time zones overlaps with trading in the turnover ever comes to physical United States, which is when OTC b. Trust Management and Structure delivery of the gold represented by the market trading in London, New York, contracts traded. Both exchanges permit The Shares represent units of and other centers coincides with futures trading on margin. COMEX operates fractional undivided beneficial interest and options trading on the Commodity through a central clearance system. in and ownership of the Trust. The Exchange Inc. (‘‘COMEX’’), a division of TOCOM has a similar clearance system. purpose of the Trust is to hold gold the New York Mercantile Exchange, Inc. In each case, the exchange acts as a bullion. The investment objective of the (‘‘NYMEX’’). This period lasts for counterparty for each member for Trust is for the Shares to reflect the approximately four hours each New clearing purposes. performance of the price of gold, less York business day morning. the Trust’s expenses. The OTC market has no formal (3) Gold Market Regulation The Trust is an investment trust and structure and no open-outcry meeting There is no direct regulation of the is not managed like a corporation or an place. The main centers of the OTC active investment vehicle. The Trust has market are London, New York, and global OTC market in gold. However, indirect regulation of some of the no board of directors or officers or Zurich. Bullion dealers have offices persons acting in a similar capacity. The around the world, and most of the overseas participants does occur in some capacity. In the United Kingdom, Trust is not a registered investment world’s major bullion dealers are either company under the Investment members or associate members of the responsibility for the regulation of the financial market participants, including Company Act of 1940 (‘‘1940 Act’’) and London Bullion Market Association is not required to register under the (‘‘LBMA’’), a trade association of the major participating members of the LBMA, falls under the authority of the 1940 Act. participants in the London bullion World Gold Trust Services, LLC, a market. Financial Services Authority (‘‘FSA’’), as provided by the Financial Services wholly owned limited liability company There are no authoritative published of the World Gold Council,12 is the figures for overall worldwide volume in and Markets Act 2000 (‘‘FSM Act’’). Under the FSM Act, all U.K.-based sponsor of the Trust (‘‘Sponsor’’). The gold trading. There are certain Bank of New York is the trustee of the published sources that suggest the banks, together with other investment firms, are subject to a range of Trust (‘‘Trustee’’). HSBC Bank USA, an significant size of the overall market. indirect wholly owned subsidiary of The LBMA publishes statistics compiled requirements, including fitness and properness, capital adequacy, liquidity, HSBC Holdings plc, is the custodian of from the five members offering clearing the Trust (‘‘Custodian’’). State Street services.8 The monthly average daily and systems and controls. The FSA is responsible for regulating investment Global Markets LLC, a wholly owned volume figures published by the LBMA subsidiary of State Street Corporation, is for 2003 range from a high of 19 million products, including derivatives, and those who deal in investment products. the Marketing Agent of the Trust to a low of 13.6 million troy ounces per (‘‘Marketing Agent’’). The Marketing day.9 COMEX publishes price and Regulation of spot, commercial forwards, and deposits of gold and Agent and Custodian are registered volume statistics for transactions in broker-dealers. The Custodian and contracts for the future delivery of gold. silver not covered by the FSM Act is provided for by The London Code of Marketing Agent and their affiliates, and COMEX figures for 2003 indicate that affiliates of the Trustee, may act as the average daily volume for gold Conduct for Non-Investment Products, which was established by market Authorized Participants or purchase or futures contracts was 4.9 million troy sell gold or the Shares for their own ounces per day.10 participants in conjunction with the Bank of England, and is a voluntary account as agent for customers and for code of conduct among market accounts over which they exercise 8 Information regarding clearing volume estimates investment discretion. To the extent by the LBMA can be found at http:// participants. www.lbma.org.uk/clearing_table.htm. The three Participants in the U.S. OTC market deemed appropriate by these entities, measures published by the LBMA are: Volume, the for gold are generally regulated by their information barriers will exist between amount of metal transferred on average each day institutional supervisors, which regulate the Custodian, Marketing Agent, measured in million of troy ounces; value, Trustee, and their affiliates transacting measured in U.S. dollars, using the monthly average their activities in other markets in London p.m. fixing price; and the number of which they operate. For example, in the gold cash market or the Shares; transfers, which is the average number recorded participating banks are regulated by the however, the Exchange will not require each day. The statistics exclude allocated and banking authorities. In the United such information barriers. UBS unallocated balance transfers where the sole Securities LLC was the initial purchaser purpose is for overnight credit and physical States, the Commodity Futures Trading movements arranged by clearing members in Commission regulates futures market of the Shares (‘‘Initial Purchaser’’), as locations other than London. participants and has established rules described below. The Sponsor, Trustee, 9 See NYSE Approval Order, 69 FR at 64614. designed to prevent market Custodian, and Initial Purchaser are not 10 Information regarding average daily volume affiliated with one another or with the estimates by COMEX can be found at http:// Exchange. www.nymex.com/jsp/markets/ 11 There are other gold exchange markets, such as md_annual_volume6.jsp#2. The statistics are based the Istanbul Gold Exchange, the Shanghai Gold on gold futures contracts, each of which relates to Exchange, and the Hong Kong Chinese Gold & 12 The World Gold Council is a not-for-profit 100 troy ounces of gold. Silver Exchange Society. association registered under Swiss law.
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c. Trust Expenses and Management Fees (‘‘Cash Deposit’’ 13 and together with the business so requires. Certain Authorized Gold Deposit, the ‘‘Creation Basket Participants will be regulated under Generally, the assets of the Trust (e.g., Deposit’’). The Sponsor anticipates that Federal and State banking laws and gold bullion) will be sold to pay Trust in the ordinary course of the Trust’s regulations. Each Authorized expenses and management fees. These operations a cash deposit will not be Participant will have its own set of rules expenses and fees will reduce the value required for the creation of Baskets. and procedures, internal controls, and of an investor’s Share as gold bullion is Similarly, the Trust will redeem Shares information barriers as it determines is sold to pay such costs. Ordinary only in Baskets, principally in exchange appropriate in light of its own operating expenses of the Trust include: for gold and, if applicable, a cash regulatory regime. Authorized (1) Fees paid to the Sponsor; (2) fees payment (‘‘Cash Redemption Participants may act for their own paid to the Trustee; (3) fees paid to the Amount’’ 14 and together with the gold, accounts or as agents for broker-dealers, Custodian; (4) fees paid to the Marketing the ‘‘Redemption Distribution’’). custodians, and other securities market Agent; and (5) various Trust The Exchange expects that certain participants that wish to create or administration fees, including printing Authorized Participants will be able to redeem Baskets. An order for one or and mailing costs, legal and audit fees, participate directly in the gold bullion more Baskets may be placed by an registration fees, and NYSE listing fees. market and the gold futures market. The Authorized Participant on behalf of The Trust’s estimated ordinary Sponsor believes that the size and multiple clients. operating expenses are accrued daily operation of the gold bullion market The total amount of gold and any cash and reflected in the net asset value make it unlikely that an Authorized required for the creation or redemption (‘‘NAV’’) of the Trust. Participant’s direct activities in the gold of each Basket will be in the same d. Description and Characteristics of the or securities markets would impact the proportion to the total assets of the Shares price of gold or the price of the Shares. Trust (net of accrued and unpaid fees, Each Authorized Participant is: (1) expenses, and other liabilities) on the (1) Liquidity Regulated as a broker-dealer regulated date the Purchase Order is properly The Shares may trade at a discount or under the Act and registered with received as the number of Shares to be premium relative to the NAV per Share NASD; or (2) is exempt from being, or created in respect of the Creation Basket because of non-concurrent trading hours otherwise is not required to be, Deposit bears to the total number of between the major gold markets and the regulated as a broker-dealer under the Shares outstanding on the date the Exchange. While the Shares will trade Act or registered with NASD, and in Purchase Order is received. Except on the Exchange until 4:15 p.m. Eastern either case is qualified to act as a broker when aggregated in Baskets, the Shares Time, liquidity in the OTC market for or dealer in the states or other are not redeemable. The Trust will gold will be reduced after the close of jurisdictions where the nature of its impose transaction fees in connection COMEX at 1:30 p.m. Eastern Time. with creation and redemption During this time, trading spreads and 13 The amount of any required Cash Deposit will transactions. the resulting premium or discount on be determined as follows: (1) The fees, expenses, The Trustee will determine the and liabilities of the Trust will be subtracted from NAV 15 and daily adjusted NAV the Shares may widen as a result of any cash held or receivable by the Trust as of the reduced liquidity in the OTC gold date an Authorized Participant places an order to (‘‘ANAV’’) of the Trust on each business market. purchase one or more Baskets (‘‘Purchase Order’’); day at the earlier of the London p.m. fix Because of the potential for arbitrage and (2) the remaining amount will be divided by for such day or 12 p.m. Eastern Time.16 the number of Baskets outstanding and then In determining the Trust’s NAV and inherent in the structure of the Trust, multiplied by the number of Baskets being created the Sponsor believes that the Shares pursuant to the Purchase Order. If the resulting ANAV, the Trustee will value the gold will not trade at a material discount or amount is positive, that amount will be the required held by the Trust based on the London premium to the underlying gold held by Cash Deposit. If the resulting amount is negative, p.m. fix price for a troy ounce of gold. the amount of the required Gold Deposit will be Once the value of the gold has been the Trust. The arbitrage process, which reduced by a number of fine ounces of gold equal in general provides investors the in value to that resulting amount, determined by determined, the Trustee will determine opportunity to profit from differences in reference to the price of gold used in calculating the the ANAV of the Trust by subtracting all prices of assets, increases the efficiency NAV of the Trust on the Purchase Order date. accrued fees (other than the fees to be Fractions of an ounce of gold of less than 0.001 of computed by reference to the ANAV or of the markets, serves to prevent an ounce included in the Gold Deposit amount will potentially manipulative efforts, and be disregarded. custody fees based on the value of the can be expected to operate efficiently in 14 The Cash Redemption Amount is equal to the gold held by the Trust), expenses, and the case of the Shares and gold. excess (if any) of all assets of the Trust other than other liabilities of the Trust from the gold, less all estimated accrued but unpaid fees, total value of the gold and all other (2) Creation and Redemption of Trust expenses, and other liabilities, divided by the number of Baskets outstanding and multiplied by assets of the Trust (other than any Shares the number of Baskets included in the Authorized amounts credited to the Trust’s reserve The Trust will create Shares on a Participant’s order to redeem one or more Baskets account, if established). Then the ANAV (‘‘Redemption Order’’). The Trustee will distribute of the Trust is used to compute the continuous basis only in aggregations of any positive Cash Redemption Amount through the 100,000 Shares (such aggregation Depository Trust Company (‘‘DTC’’) to the account Trustee’s, the Sponsor’s, and Marketing referred to as a ‘‘Basket’’). Authorized of the Authorized Participant at DTC. If the Cash Agent’s fees.17 To determine the Trust’s Participants are the only persons that Redemption Amount is negative, the credit to the NAV, the Trustee will subtract from the Authorized Participant’s unallocated account ANAV the amount of estimated accrued may place orders to create and redeem (‘‘Authorized Participant Unallocated Account’’) Baskets. Authorized Participants will be reduced by the number of fine ounces of purchasing Baskets will be able to gold equal in value to that resulting amount, 15 The NAV of the Trust is the aggregate value of the Trust’s assets less its liabilities (which include separate a Basket into individual Shares determined by reference to the price of gold used in calculating the NAV of the Trust on the accrued expenses). for resale. Redemption Order date. Fractions of a fine ounce 16 The London fix is the most widely used Authorized Participants purchasing a of gold included in the Redemption Distribution of benchmark for daily gold prices and is quoted by Basket must make an in-kind deposit of less than 0.001 of an ounce will be disregarded. various financial information sources. Redemption Distributions will be subject to the 17 The Custodian’s fee is not calculated based on gold (‘‘Gold Deposit’’), together with, if deduction of any applicable tax or other ANAV, but rather the value of the gold held by the applicable, a specified cash payment governmental charges due. Trust.
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but unpaid fees that are based on the Reuters and Bloomberg. NYMEX also in relation to such IIV (‘‘Bid/Ask ANAV (e.g., the Trustee’s, the provides delayed futures and options Price’’), and a calculation of the Sponsor’s, and Marketing Agent’s fees) information on current and past trading premium or discount of such price and the amount of custody fees, which sessions and market news free of charge against such IIV; and (2) data in chart are based on the value of the gold held on its Web site. The Exchange notes that format displaying the frequency by the Trust. The Trustee will also there are a variety of other public Web distribution of discounts and premiums determine the NAV per Share by sites providing information on gold, of the Bid/Ask Price against the IIV, dividing the NAV of the Trust by the ranging from those specializing in within appropriate ranges, for each of number of the Shares outstanding as of precious metals to sites maintained by the four previous calendar quarters. The the close of trading on NYSE. major newspapers, such as The Trust Web site also provides the Trust’s The Exchange understands that, upon Washington Post. Many of these sites prospectus, as well as the two most initiation of trading on NYSE, UBS offer price quotations drawn from other recent reports to stockholders. Finally, Securities LLC, the Initial Purchaser, published sources, and as the the Trust Web site provides the last sale purchased 100,000 Shares, which information is supplied free of charge, it price of the Shares as traded in the U.S. comprised the seed Basket. The Initial generally is subject to time delays.18 market, subject to a 20-minute delay.22 Purchaser also purchased 900,000 Current gold spot prices are also e. Initial Share Issuance and Continued Shares, which comprise the initial available with bid/ask spreads from gold Trading Baskets. The Trust received all proceeds bullion dealers. from the offering of the seed Basket and In addition, the Exchange, via a link The Exchange understands that a the initial Baskets in gold bullion. In to the Trust’s Web site (http:// minimum of three Baskets were connection with the offering and sale of www.streettracksgoldshares.com), will outstanding at the commencement of the initial Baskets, the Sponsor paid a provide at no charge continuously trading on NYSE. The number of Shares fee to the Initial Purchaser at the time updated bids and offers indicative of the per Basket is 100,000. of its purchase of the initial Baskets. In spot price of gold on its own public Web The Exchange’s applicable continued addition, the Initial Purchaser received site, http://www.bostonstock.com.19 The trading criteria require it to delist the commissions/fees from investors who Trust Web site provides a calculation of Shares if any of the following occur: (1) purchased Shares from the initial the estimated NAV (also known as the The value of gold is no longer calculated Baskets through their commission/fee- Intraday Indicative Value or ‘‘IIV’’) of a or available on at least a 15-second based brokerage accounts. Share, as calculated by multiplying the delayed basis from a source unaffiliated indicative spot price of gold by the with the Sponsor, the Trust, the (3) Information About Underlying Gold quantity of gold backing each Share. Custodian, Marketing Agent, or the Holdings Comparing the IIV with the last sale Exchange, or the Exchange stops The last-sale price for the Shares will price of the Shares helps an investor to providing the hyperlink on its Web site be disseminated, on a real-time basis, determine whether, and to what extent, to any such unaffiliated gold value; (2) over the Consolidated Tape by each Shares may be selling at a premium or the IIV is no longer made available on market trading the Shares. There is a a discount to the NAV. Although at least a 15-second delayed basis; or (3) considerable amount of gold price and provided free of charge, the indicative such other event shall occur or gold market information available on spot price and IIV per Share will be condition exist that, in the opinion of public Web sites and through provided on an essentially real-time the Exchange, makes further dealings on professional and subscription services. basis.20 The Trust Web site provides the the Exchange inadvisable. In addition, In most instances, real-time information NAV of the Trust as calculated each the Exchange will remove the Shares is available only for a fee, and business day by the Sponsor. In from trading upon termination of the information available free of charge is addition, the Trust Web site contains Trust or delisting from the NYSE subject to delay (typically, 20 minutes). the following information, on a per- without immediate re-listing on another Investors may obtain on a 24-hour Share basis, for the Trust: (1) The IIV as exchange. basis gold pricing information based on of the close of the prior business day f. Exchange Trading Rules and Policies the spot price for a troy ounce of gold and the midpoint of the bid/ask price 21 from various financial information Proposed BSE Chapter XXIV–C, service providers, such as Reuters and 18 There may be incremental differences in the Section 1 deals with the trading of the Bloomberg. Reuters and Bloomberg gold spot price among the various information Shares. Paragraph (c) of that Section provide at no charge on their Web sites service sources. While the Exchange believes the states that the Shares are included in the differences in the gold spot price may be relevant definition of ‘‘securities’’ under the delayed information regarding the spot to those entities engaging in arbitrage or in the price of gold and last sale prices of gold active daily trading of gold or gold-based products, Exchange’s Constitution and Rules and futures, as well as information about the Exchange believes such differences are likely of are subject to all applicable Exchange news and developments in the gold less concern to individual investors intending to trading rules. In addition, proposed BSE hold the Shares as part of a long-term investment market. Reuters and Bloomberg also strategy. Chapter XXIV–C, Section 1 sets forth offer a professional service to 19 The Trust Web site’s gold spot price will be that an equity specialist, his member subscribers for a fee that provides provided by The Bullion Desk (http:// organization, other member, allied information on gold prices directly from www.thebulliondesk.com). The Trust Web site will member, or approved person in such indicate that there are other sources for obtaining member organization or officer or market participants. An organization the gold spot price. In the event that the Trust Web named EBS provides an electronic site should cease to provide this indicative spot employee thereof, is prohibited from trading platform to institutions such as price from an unaffiliated source (and the intraday acting as a market maker or functioning bullion banks and dealers for the trading indicative value) of the Shares, the Exchange will in any capacity involving market- cease to trade the Shares. making responsibilities in the physical of spot gold, as well as a feed of live 20 The Trust’s Web site, to which the Exchange’s streaming prices to Reuters and Web sites will link, will disseminate an indicative Moneyline Telerate subscribers. spot price of gold and the IIV and indicate that Tape as of the time of calculation of the closing day these values are subject to an average delay of 5 to IIV. Complete real-time data for gold futures 10 seconds. 22 The last sale price of the Shares in the and options prices traded on COMEX 21 The bid/ask price is determined using the secondary market is available on a real-time basis are available by subscription from highest bid and lowest offer on the Consolidated for a fee from regular data vendors.
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gold, gold futures or options on gold may be halted because of market organization. The Exchange also has futures, or any other gold derivatives. conditions or for reasons that, in the regulatory jurisdiction over a subsidiary However, an approved person of an view of the Exchange, make trading in or affiliate of a member organization equity specialist that has established the Shares inadvisable. These may that is in the securities business. A and obtained Exchange approval of include: (1) The extent to which trading member organization subsidiary or procedures restricting the flow of is not occurring in gold, or (2) whether affiliate that does business only in material, non-public market information other unusual conditions or commodities would not be subject to between itself and the specialist circumstances detrimental to the BSE jurisdiction, but the Exchange member organization pursuant to BSE maintenance of a fair and orderly could obtain certain information Chapter II, Section 36 and any member, market are present. In addition, trading regarding the activities of such officer, or employee associated in the Shares is subject to trading halts subsidiary or affiliate through reciprocal therewith, may act in a market-making caused by extraordinary market agreements with regulatory capacity, other than as a specialist in the volatility pursuant to the Exchange’s organizations of which such subsidiary Shares on another market center, in ‘‘circuit breaker’’ rule.23 or affiliate is a member. physical gold, gold futures or options on Trading in the Shares on the h. Suitability gold futures, or any other gold Exchange will be effected normally until derivatives. 4:15 p.m. Eastern Time each business Under the general principals of Proposed BSE Chapter IIIV–C, Section day. The minimum trading increment customer suitability, as discussed in 2 requires trading and information for the Shares on the Exchange will be BSE Chapter VII, Section 2, before a barriers for member organizations acting $0.01, in accordance with BSE Chapter member, member organization, allied as specialist in the Shares. Specifically, II, Section 41. Additionally, the Shares member, or employee of such member a member organization acting as will be subject to the Exchange’s rules organization undertakes to recommend specialist in the Shares is obligated to pertaining to odd-lot trading, as set forth a transaction in the Shares, such conduct all trading in the Shares in its in BSE Chapter XII, as well as the member or member organization should specialist account, subject only to the Exchange’s rules governing trading over make a determination that the Shares ability to have one or more investment the Intermarket Trading System (‘‘ITS’’) are suitable for such customer. Before accounts, all of which must be reported set forth in Chapter XXXI, including any recommendation is made with to the Exchange. Such member those provisions in Section 4 governing respect to the Shares, the person making organization acting as specialist must trade-throughs and locked markets. the recommendation should have a also report to the Exchange and keep reasonable basis for believing at the time g. Surveillance current a list identifying all accounts for of making the recommendation that the trading physical gold, gold futures or BSE represents that the surveillance customer has such knowledge and options on gold futures, or any other procedures it will utilize to surveil experience in financial matters that he gold derivatives, which the specialist trading activity in the Shares are or she may reasonably be expected to be may have or over which it may exercise sufficient to detect and deter capable of evaluating the risks and any investment discretion. Under the rule, manipulation of the market. The special characteristics of the any trading by the member organization Exchange’s existing surveillance recommended transaction, and is that is the specialist in GLD of physical procedures for exchange-traded funds financially able to bear the risks of the gold or gold derivatives in an account (‘‘ETFs’’) will be utilized for the Shares. recommended transaction. In addition, for intermarket surveillance over which the member organization i. Information Circular controls, directly or indirectly, trading purposes, the Exchange has entered into activities or has a direct interest in the a reciprocal Memorandum of The Exchange will distribute an profits or losses is prohibited, except to Understanding (‘‘MOU’’) with NYMEX information circular to its members in the extent such accounts and trading for the sharing of information related to connection with the trading in the activities are reported to the Exchange any financial instrument based, in Shares. The circular will discuss the as required under the rule. Furthermore, whole or in part, upon an interest in or special characteristics and risks of a member organization that is the performance of gold. trading this type of security. specialist in the Shares will be required The Exchange is also proposing the Specifically, the circular, among other to make its books, records, and other adoption of BSE Chapter XXIV–C, things, will discuss what the Shares are, relevant information pertaining to its Section 2 to ensure that specialists how a Basket is created and redeemed, transactions and those of any member, handling the Shares provide the the requirement that members and allied member, approved person, Exchange with all necessary information member firms deliver a prospectus to registered or non-registered employee relating to their trading in physical gold investors purchasing the Shares prior to affiliated with the member for its or and in gold futures contracts and or concurrently with the confirmation of their own accounts in physical gold and options thereon or any other gold a transaction, applicable Exchange gold derivatives available to the derivative.24 As a general matter, the rules, dissemination information Exchange upon request. In addition, the Exchange has regulatory jurisdiction regarding the indicative price of gold registered specialist in GLD will be over its member organizations and any and the IIV, trading information, and the prohibited from using any material person or entity controlling a member applicability of the Exchange suitability nonpublic information from any person rule. The information circular will also associated with a member or employee 23 Chapter II, Section 34A of the BSE Rules. explain that the Trust is subject to of such person regarding trading of 24 The proposed section also states that, in various fees and expenses described in connection with trading physical gold, gold futures physical gold or any gold derivative or options on gold futures, or any other gold the Registration Statement, and that the products. derivatives (including the Shares), the specialist number of ounces of gold required to With respect to trading halts, the shall not use any material nonpublic information create a Basket or to be delivered upon Exchange may consider all relevant received from any person associated with a member a redemption of a Basket will gradually or employee of such person regarding trading by factors in exercising its discretion to such person or employee in physical gold, gold decrease over time because the Shares halt or suspend trading in the Shares. futures or options on gold futures, or any other gold comprising a Basket will represent a Trading on the Exchange in the Shares derivatives. decreasing amount of gold due to the
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sale of the Trust’s gold to pay the Trust’s including whether the proposed rule the proposal is consistent with Section expenses. The information circular will change, as amended, is consistent with 6(b)(5) of the Act,28 which requires that also reference the fact that there is no the Act. Comments may be submitted by an exchange have rules designed, among regulated source of last-sale information any of the following methods: other things, to promote just and equitable principles of trade, to remove regarding physical gold, and that the Electronic Comments Commission has no jurisdiction over the impediments to and perfect the • trading of gold as a physical commodity. Use the Commission’s Internet mechanism of a free and open market In the information circular, members comment form (http://www.sec.gov/ and a national market system, and, in and member organizations will be rules/sro.shtml); or general, to protect investors and the • informed that procedures for purchases Send an e-mail to rule- public interest. The Commission and redemptions of the Shares in [email protected]. Please include File believes that the proposal will benefit Baskets and that the Shares are not Number SR–BSE–2004–54 on the investors by increasing competition individually redeemable but are subject line. among markets that trade GLD. redeemable only in Basket-size Paper Comments In addition, the Commission believes aggregations or multiples thereof. The that the proposal is consistent with • Send paper comments in triplicate information circular will also advise Section 12(f) of the Act,29 which permits to Jonathan G. Katz, Secretary, members of their suitability obligations an exchange to trade, pursuant to UTP, Securities and Exchange Commission, with respect to recommended a security that is listed and traded on 450 Fifth Street, NW., Washington, DC transactions to customers in the Shares. another exchange.30 The Commission 20549–0609. notes that it previously approved the The circular will also discuss any relief All submissions should refer to File listing and trading of the Shares on if granted by the Commission or the staff Number SR–BSE–2004–54. This file NYSE.31 The Commission also believes from any rules under the Act. number should be included on the The information circular will likewise that the proposal is consistent with Rule subject line if e-mail is used. To help the 32 disclose that the NAV for the Shares Commission process and review your 12f–5 under the Act, which provides will be calculated as of the earlier of the comments more efficiently, please use that an exchange shall not extend UTP London p.m. fix for such day or 12 p.m. only one method. The Commission will to a security unless the exchange has in Eastern Time each day that BSE is open post all comments on the Commission’s effect a rule or rules providing for for trading. Internet Web site (http://www.sec.gov/ transactions in the class or type of security to which the exchange extends 2. Statutory Basis rules/sro.shtml). Copies of the submission, all subsequent UTP. The Exchange represented that it The Exchange believes that the amendments, all written statements meets this requirement because it deems proposed rule change, as amended, is with respect to the proposed rule the Shares to be equity securities, thus consistent with Section 6(b) of the change that are filed with the rendering trading in the Shares subject Act,25 in general, and furthers the to the existing rules of the Exchange 26 Commission, and all written objectives of Section 6(b)(5) of the Act, communications relating to the governing the trading of equity in particular, in that it is designed to proposed rule change between the securities, including rules relating to promote just and equitable principles of Commission and any person, other than ITS, trading halts, odd-lots, and the trade, to foster cooperation and those that may be withheld from the minimum trading increment. coordination with persons engaged in public in accordance with the The Commission further believes that facilitating transactions in securities, to provisions of 5 U.S.C. 552, will be the proposal is consistent with Section 33 remove impediments to and perfect the available for inspection and copying in 11A(a)(1)(C)(iii) of the Act, which sets mechanism of a free and open market the Commission’s Public Reference forth Congress’s finding that it is in the and a national market system, and, in Room. Copies of such filing also will be public interest and appropriate for the general, to protect investors and the available for inspection and copying at protection of investors and the public interest. the principal office of the Exchange. All maintenance of fair and orderly markets to assure the availability to brokers, B. Self-Regulatory Organization’s comments received will be posted dealers, and investors of information Statement on Burden on Competition without change; the Commission does not edit personal identifying with respect to quotations for and The Exchange does not believe that information from submissions. You transactions in securities. Quotations for the proposed rule change would impose should submit only information that and last sale information regarding GLD any burden on competition that is not you wish to make available publicly. All are disseminated through the necessary or appropriate in furtherance submissions should refer to File Consolidated Quotation System. of the purposes of the Act. Number SR–BSE–2004–54 and should Furthermore, as noted by the Exchange, C. Self-Regulatory Organization’s be submitted on or before April 21, various means exist for investors to Statement on Comments on the 2005. 28 Proposed Rule Change Received From 15 U.S.C. 78f(b)(5). IV. Commission’s Findings and Order 29 15 U.S.C. 78l(f). Members, Participants or Others Granting Accelerated Approval of the 30 Section 12(a) of the Act, 15 U.S.C. 78l(a), Written comments on the proposed Proposed Rule Change generally prohibits a broker-dealer from trading a security on a national securities exchange unless rule change were neither solicited nor The Commission finds that the the security is registered on that exchange pursuant received. proposed rule change, as amended, is to Section 12 of the Act. Section 12(f) of the Act consistent with the Act and the rules excludes from this restriction trading in any III. Solicitation of Comments security to which an exchange ‘‘extends UTP.’’ and regulations thereunder applicable to When an exchange extends UTP to a security, it Interested persons are invited to 27 a national securities exchange. In allows its members to trade the security as if it were submit written data, views, and particular, the Commission believes that listed and registered on the exchange even though arguments concerning the foregoing, it is not so listed and registered. 31 27 In approving the proposal, the Commission has See NYSE Approval Order, supra note 3. 25 15 U.S.C. 78f(b). considered its impact on efficiency, competition, 32 17 CFR 240.12f–5. 26 15 U.S.C. 78f(b)(5). and capital formation. See 15 U.S.C. 78c(f). 33 15 U.S.C. 78k–1(a)(1)(C)(iii).
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obtain reliable gold price information consistent with the Act.34 The CBOE filed Amendment No. 2 to the and thereby to monitor the underlying Commission presently is not aware of proposed rule change.4 The proposed spot market in gold relative to the NAV any regulatory issue that should cause rule change and Amendments No. 1 and of their Shares. Additionally, the Trust’s the Commission to revisit that earlier 2 were published for comment in the Web site will provide an updated IIV at finding or preclude the trading of GLD Federal Register on March 1, 2005.5 The least every 15 seconds. If the Trust on the Exchange pursuant to UTP. Commission received no comments on ceases to maintain or to calculate the IIV Therefore, accelerating approval of the the proposal. On March 18, 2005, CBOE or if the IIV ceases to be widely proposal should benefit investors by filed Amendment No. 3 to the proposed available, the Exchange would cease creating, without undue delay, rule change.6 On March 23, 2005, CBOE trading GLD. additional competition in the market for filed Amendment No. 4 to the proposed The Commission notes that, if GLD GLD. rule change.7 This order approves the were to be delisted by NYSE, the V. Conclusion proposed rule change and Amendments Exchange would no longer have No. 1 and 2 on an accelerated basis, and authority to trade GLD pursuant to this It is therefore ordered, pursuant to publishes notice of and grants 35 order. Section 19(b)(2) of the Act, that the accelerated approval to Amendments In support of the proposal, the proposed rule change (SR–BSE–2004– No. 3 and 4 thereto. Exchange made the following 54) as amended, is approved on an representations: accelerated basis. II. Discussion 1. The Exchange’s surveillance For the Commission, by the Division of CBOE’s Hybrid Trading System procedures for reviewing trading in GLD Market Regulation, pursuant to delegated will be sufficient to detect and deter authority.36 merges the electronic and open outcry trading models, offering market manipulation and comparable to the Margaret H. McFarland, participants the ability to stream procedures used for reviewing trading Deputy Secretary. in other securities (including ETFs) on electronically their own firm [FR Doc. E5–1410 Filed 3–30–05; 8:45 am] disseminated market quotes the Exchange. In addition, the Exchange BILLING CODE 8010–01–P entered into an MOU with NYMEX for representing their trading interest. On the sharing of information related to any July 12, 2004, the Commission approved financial instrument based, in whole or SECURITIES AND EXCHANGE a CBOE proposal to add a new category in part, upon an interest in or the COMMISSION of market participant called ‘‘e-DPMs,’’ performance of gold. who function as remote competing 2. The Exchange will distribute an [Release No. 34–51429; File No. SR–CBOE– specialists in their allocated securities. information circular prior to the 2004–58] By contrast, regular Designated Primary commencement of trading of GLD on the Market-Makers (‘‘DPMs’’) and MMs on Self-Regulatory Organizations; Order CBOE are required to operate from Exchange that explains its terms, Granting Accelerated Approval to a characteristics, and risks of trading GLD. Proposed Rule Change and 4 Amendment No. 2 replaced and superceded 3. The Exchange will require a Amendments No. 1 and 2 Thereto and member organization with a customer CBOE’s original 19b–4 filing and Amendment No. Notice of Filing and Order Granting 1 in their entirety. that purchases the Shares on the Accelerated Approval to Amendments 5 See Securities Exchange Act Release No. 51234 Exchange to provide that customer with No. 3 and 4 to the Proposed Rule (February 22, 2005), 70 FR 10006 (‘‘Notice’’). a product prospectus and will note this Change by the Chicago Board Options 6 In Amendment No. 3, CBOE proposes to (1) amend the reference date contained in CBOE Rule prospectus delivery requirement in the Exchange, Incorporated Relating to information circular. 8.3A from January 6 to March 18, 2005, (2) adopt Market-Maker Quoting Obligations and on a one-year pilot basis that portion of proposed This approval order is conditioned on Market-Maker Appointments CBOE Rule 8.3(c) governing a MM’s ability to quote the Exchange’s adherence to these from a location outside of his/her trading station, representations. March 24, 2005. (3) adopt procedures governing ‘‘temporary Finally, the Commission believes that appointments’’ during the rollout of its Initial I. Introduction Remote Market-Market (‘‘RMM’’) Appointment the Exchange’s rules imposing trading Process (‘‘IRAP’’), and (4) incorporate changes to restrictions and information barriers on On August 19, 2004, the Chicago the rule language as a result of the approval of a specialists in GLD are reasonable and Board Options Exchange, Incorporated corresponding CBOE rule filing relating to RMMs. consistent with the Act. These rules (‘‘CBOE’’ or ‘‘Exchange’’) filed with the See Securities Exchange Act Release No. 51366 (March 14, 2005), 70 FR 13217 (March 18, 2005) generally require a specialist to report to Securities and Exchange Commission (order approving ‘‘RMM filing’’). The text of the Exchange a list of all accounts for (‘‘Commission’’), pursuant to Section Amendment No. 3 is available on CBOE’s Web site trading gold or gold derivatives over 19(b)(1) of the Securities Exchange Act (http://www.cboe.com), at the CBOE’s Office of the which the specialist exercises of 1934 (‘‘Act’’) 1 and Rule 19b–4 Secretary, and at the Commission’s Public thereunder,2 a proposed rule change to Reference Room. investment discretion or has an interest. 7 In Amendment No. 4, CBOE proposes to amend Furthermore, specialists and their amend existing CBOE rules and to adopt CBOE Rule 8.3(c) to codify that any MM affiliated affiliated persons will be required to new rules governing quoting by CBOE with an RMM would be prohibited from submitting make available to the Exchange, upon Market-Makers (‘‘Market-Makers’’ or electronic quotations from outside of its appointed ‘‘MMs’’). On February 2, 2005, CBOE trading station in any class in which the affiliated request, their books and records RMM has an appointment. This prohibition was pertaining to transactions in gold and filed Amendment No. 1 to the proposed specifically published for comment in the Notice. gold derivatives. rule change.3 On February 17, 2005, See Notice, supra note 5, at footnote 13 (‘‘*** See The Commission finds good cause for also proposed CBOE Rule 8.4(c)(i) in the Exchange’s 34 See supra note 3. proposed RMM filing. The same prohibition would approving the proposal prior to the 30th apply to MMs affiliated with RMMs and is 35 15 U.S.C. 78s(b)(2). day after the date of publication of the contingent upon SEC approval of the Exchange’s 36 notice of filing thereof in the Federal 17 CFR 200.30–3(a)(12). RMM filing * * *’’). The text of Amendment No. 1 Register. As noted previously, the 15 U.S.C. 78s(b)(1). 4 is available on CBOE’s Web site (http:// 2 17 CFR 240.19b–4. www.cboe.com), at the CBOE’s Office of the Commission previously found that the 3 Amendment No. 1 replaced and superceded Secretary, and at the Commission’s Public listing and trading of GLD on NYSE is CBOE’s original 19b–4 filing in its entirety. Reference Room.
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within their appointed trading station.8 Trading System that are located in one appointed classes would be limited to Under the current proposal, CBOE designated/appointed trading station, submitting orders for automatic proposes to grant its MMs the ability to and, with respect to Hybrid 2.0 Classes execution pursuant to CBOE Rules 6.8 stream quotes from locations other than (as defined in CBOE Rule 1.1(aaa)), the or 6.13.18 their appointed trading stations.9 ability to submit electronic quotations Proposed CBOE Rule 8.3(c) provides Accordingly, CBOE proposes to amend in up to 40 classes for each Exchange that a MM would be presumed to have its rules governing the MM appointment membership it owns or up to 30 classes an appointment in all non-Hybrid 2.0 process (CBOE Rule 8.3) and MM for each Exchange membership it leases, classes located at his/her appointed quoting obligations (CBOE Rule 8.7). all of which must be located in the trading station unless the MM The Commission finds that the MM’s one appointed trading station.14 specifically indicates to the Exchange proposed rule change, as amended, is However, a MM affiliated with an e- that he/she does not want to include a consistent with the requirements of the DPM or an RMM would be prohibited particular class(es) as part of his/her Act and the rules and regulations from submitting electronic quotations appointment (‘‘excluded classes’’).19 thereunder applicable to a national from outside of its appointed trading When a MM excludes a class, the securities exchange 10 and, in particular, station in any class in which the Exchange would be able to provide an the requirements of Section 6 of the affiliated e-DPM or affiliated RMM has appointment in that excluded class to a Act 11 and the rules and regulations an appointment.15 MM that does not currently trade that thereunder. The Commission Under the proposal, a MM that trades class but who has an interest in doing specifically finds that the proposed rule in open outcry away from his/her so. A MM is not eligible to submit change, as amended, is consistent with appointed trading station would be electronic quotations into any class it Section 6(b)(5) of the Act 12 in that it is restricted to open outcry trading only designates as an excluded class. Any designed to promote just and equitable for classes at that trading station and request by a MM to receive a subsequent principles of trade, to remove would not be eligible to quote appointment in a previously excluded impediments to and perfect the electronically in those classes until such class would be handled in accordance mechanism of a free and open market time that the MM notifies the Exchange with CBOE Rule 8.3A. and a national market system, and, in of his/her request to change his/her The Commission believes that the general, to protect investors and the appointment and such request is proposed amendments to CBOE Rule 8.3 public interest. approved in accordance with CBOE’s to allow MMs the ability to stream rules. On any day a MM trades in open quotes electronically from remote A. Market-Maker Appointments outcry outside of his/her appointed locations outside of a MM’s appointed Currently, a MM’s appointment trading station, that MM may be trading station are consistent with the consists of all classes traded at a required to undertake market-making Act. particular trading station, regardless of obligations in those classes in which the B. Market-Maker Quoting Obligations the number of classes actually trading at MM trades in open outcry at the request that station and regardless of whether of the Order Book Official.16 The Exchange proposes several the MM owns or leases a membership. The proposal limits a MM’s changes to CBOE Rule 8.7 to In addition, CBOE Rule 8.3(c) currently appointments to the classes located at accommodate MMs quoting from provides that MMs may have one trading station. In Hybrid, MMs outside of their appointed trading appointments in up to ten trading currently may only stream quotes where stations. The Exchange proposes to stations on the floor. The Exchange they are physically present in the revise CBOE Rule 8.7(b)(i) to obligate proposes to amend these requirements trading crowd, which in essence already MMs to compete with other MMs to in several respects. creates a ‘‘one trading station’’ improve markets in all series of options As proposed, a MM’s appointment appointment.17 As is the case today, classes comprising the MM’s would confer the right to quote in open MMs would continue to be able to leave appointment, whether trading outcry all classes traded on the one trading station and trade in another electronically or in person. In addition, Exchange, regardless of the trading trading station; however, they would be the Exchange proposes to amend CBOE station at which they are located.13 A required to notify the Exchange prior to Rule 8.7(b)(iii) in two primary respects. MM’s appointment would also confer switching trading stations and request The first change proposes to obligate a the right to quote electronically in all an appointment in the classes located at MM to update quotes in his/her Hybrid classes traded on the Hybrid a new trading station, which would be appointed classes at the trading station granted on a space-available basis (as where the MM quotes, whether in 8 The current Hybrid rules allow MMs on CBOE described in more detail in CBOE Rule person or electronically. The second to stream electronic quotes only when they are physically present in their appointed trading 8.3A). A MM’s ability to trade in non- change is designed to clarify the stations. permissible methods by which a MM 9 For example, rather than ‘‘calling in sick’’ to 14 If a trading station consists of fewer than 40 may submit quotes and orders in both work and thereby relinquishing the ability to quote (30) Hybrid 2.0 Classes, each MM that owns (leases) appointed and non-appointed classes. altogether, a MM would be able to stream quotes a membership would be eligible to submit from his/her home office. This proposal, as electronic quotations in each of the Hybrid 2.0 Specifically, proposed CBOE Rule amended, only allows current MMs to quote Classes at that trading station, in accordance with 8.7(b)(iii)(A) provides that, with respect remotely (i.e., from outside of their appointed the requirements of CBOE Rule 8.3A. In addition, trading stations) on a one-year pilot basis. See Amendment No. 3 places MMs ability to quote 18 As part of its appointment, a MM may trade in proposed CBOE Rule 8.3(c). See also CBOE Rule 8.4 electronically in his/her appointed Hybrid and open outcry all classes located on the Exchange. See and RMM filing for rules governing Remote Market- Hybrid 2.0 classes from a location outside of his/ proposed CBOE Rule 8.7(b)(iii) for the permissible Makers. her appointed trading station on a one-year pilot. methods by which MMs may submit quotes and 10 In approving this proposed rule change, as See proposed CBOE Rule 8.3(c). orders in appointed and non-appointed classes. amended, the Commission has considered the 15 See CBOE Rules 8.93(vii) and 8.4(c)(ii). See CBOE Rule 6.8 applies to non-Hybrid classes, while proposed rule’s impact on efficiency, competition, also Amendment No. 4. CBOE Rule 6.13 applies to Hybrid classes. and capital formation. 15 U.S.C. 78c(f). 16 See CBOE Rule 8.7(c), discussed infra. 19 Because MMs must specifically designate 11 15 U.S.C. 78f. 17 The Exchange represents that it is gradually which Hybrid 2.0 Classes they would trade as part 12 15 U.S.C. 78f(b)(5). transferring all equity classes to the Hybrid Trading of their appointment, there is no need to have them 13 For margin purposes, these transactions would System and anticipates having all such classes on designate which Hybrid 2.0 Classes they would not qualify as MM transactions. Hybrid within the first quarter of 2005. trade.
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to trading in appointed classes: (1) MMs a ten-up, legal width market.24 Proposed participants that may quote who are physically present in their for elimination is the tiered continuous electronically in a given class. As part appointed trading station may enter quoting requirement that is dependent of those procedures, the Exchange has quotes and orders in their appointed upon the amount of volume transacted used a January 6, 2005 ‘‘grandfather’’ classes by public outcry in response to electronically on the Exchange. CBOE date for the purpose of determining who a request for a quote or, in classes in believes an across-the-board 60% will be entitled to quote electronically. which Hybrid or Hybrid 2.0 is quoting requirement is simpler and The Exchange proposes to amend this implemented, through an Exchange- more effective. rule to substitute March 18, 2005, as the approved electronic interface via an The Exchange also proposes changes new ‘‘grandfather’’ date.27 Using a later Exchange-approved quote generation to Interpretations and Policies .03 to date allows the Exchange to ensure that device; (2) MMs may also enter quotes CBOE Rule 8.7. All MMs would still be members would be ‘‘grandfathered’’ into and orders in their appointed Hybrid required to comply with CBOE Rule the crowds in which they are quoting as and Hybrid 2.0 classes from outside of 8.7.03(A), which requires 75% of a of a date that is more close to the actual their appointed trading stations MM’s volume to be in his/her appointed rollout of its RMM program.28 (pursuant to CBOE Rule 8.3) through an classes. The Exchange intends to retain Exchange-approved electronic interface the in-person requirement contained in 2. Adoption of CBOE Rule 8.3(c) on via an Exchange-approved quote current paragraph (B), but limit its Pilot Basis generation device; and (3) MMs, application to non-Hybrid classes. One of the proposed changes to CBOE whether physically present in their Because MMs would have the ability to Rule 8.3(c) would allow a MM to submit appointed trading stations or not, may quote from outside of their appointed electronic quotations from a location also submit orders for automatic trading stations, CBOE believes that an outside of the appointed trading station execution in accordance with the in-person requirement no longer makes in his/her appointed Hybrid classes and requirements of CBOE Rules 6.8 or 6.13. sense.25 The Exchange further proposes his/her appointed Hybrid 2.0 Classes. Proposed CBOE Rule 8.7(b)(iii)(B) changes to Interpretations and Policies The Exchange proposes to further provides that, with respect to trading in .09 to CBOE Rule 8.7 to clarify the amend this aspect of the rule such that non-appointed classes, MMs may applicability of the rule to a MM it is on a one-year pilot basis. As part submit orders for automatic execution electronically quoting outside of his/her of a pilot program, the Exchange would in accordance with the requirements of appointed trading station in accordance have the ability to evaluate this CBOE Rules 6.8 or 6.13.20 with proposed CBOE Rule 8.3(c). provision’s effectiveness. At the end of The Exchange also proposes changes The Commission believes that the the one-year period, based upon the to CBOE Rule 8.7(c) to ensure that a MM proposed changes to MM quoting conclusions reached, the Exchange who trades in classes located outside of obligations are appropriate to could propose to extend the pilot or his appointed trading station would be accommodate MMs’ ability to request permanent approval, in which required to fulfill all obligations electronically stream quotes in their case it would need to submit a rule imposed by CBOE Rule 8.7(b) and, for appointed Hybrid classes and appointed filing pursuant to Section 19 of the Act the rest of the trading day, the MM may Hybrid 2.0 classes from outside of their and receive Commission approval. be called back to that station to make appointed trading stations. As such, the Alternatively, the Exchange could markets in open outcry in the classes in Commission finds the changes to CBOE determine to allow this provision to which he/she traded. Rule 8.7 relating to MM obligations to lapse, in which case MMs no longer Current CBOE Rule 8.7(d) governs be consistent with the Act. would have the ability to quote from market-making obligations in Hybrid C. Amendments No. 3 and 4 to the outside of their appointed trading classes. Generally, the extent of a MM’s stations. obligations is dictated by the amount of Proposed Rule Change volume a MM transacts electronically. Amendment No. 3 to the proposed 3. ‘‘Temporary Appointments’’ The Exchange intends to retain CBOE rule change (1) amends the reference The Exchange proposes to adopt Rule 8.7(d)(i) 21 and to amend CBOE date contained in CBOE Rule 8.3A, (2) procedures governing the ability of MMs Rule 8.7(d)(ii). As amended, MMs that adopts on a one-year pilot basis that to change their appointed trading transact more than 20% of their volume portion of proposed CBOE Rule 8.3(c) stations from the period between the electronically would be obligated to governing a MM’s ability to quote ‘‘grandfather’’ date (described above) comply with the bid-ask width electronically from outside his/her and the end of the IRAP. The IRAP is requirements of CBOE Rule 8.7(b)(iv),22 appointed trading station, (3) adopts the process by which Exchange will maintain continuous quotes for at least procedures governing ‘‘temporary grant appointments to RMMs and it will ten contracts in 60% of the series of his/ appointments,’’ and (4) incorporates work on a time priority basis. The her appointed classes,23 and respond to changes to rule language as a result of Exchange expects the process to begin all open outcry requests for quotes with the approval of CBOE’s RMM filing.26 the week of April 18, 2005 and to be 1. Changing the Grandfather Date From finalized by April 22, 2005. 20 In this regard, CBOE Rule 8.3 also would January 6 to March 18, 2005 prohibit a MM from quoting electronically into a 27 The practical effect of this rule is to ensure that non-appointed class. CBOE Rule 8.3A establishes the DPMs, all MMs, and all e-DPMs would be 21 CBOE Rule 8.7(d)(i) applies to MMs that procedures for determining the guaranteed the ability to quote electronically in transact less than 20% of their contract volume maximum number of market products trading at their primary trading stations as electronically. of March 18, 2005. CBOE represents that there were 22 Bid-ask width requirements are currently $5 no products as of this date for which the number except during the opening rotation. 24 Only MMs physically present in a trading of members quoting electronically exceeded the 23 A MM’s undecremented quote must be for ten station would have the ability to provide markets Class Quoting Limit (‘‘CQL’’) for that product. contracts unless the underlying market in open outcry. 28 The Exchange made a similar change in disseminates a 1-up market, in which case MMs 25 A MM’s ability to quote electronically from Amendment No. 2 to the RMM filing when it who have automated the process may similarly outside of its appointed trading station is limited to ‘‘pushed back’’ the previous ‘‘grandfather’’ date quote 1-up. This ‘‘1-up’’ pilot program is scheduled appointed Hybrid and Hybrid 2.0 classes, as from December to January 6, 2005. See RMM filing, to expire on August 17, 2005. See CBOE Rules described and proposed in CBOE Rule 8.3(c). supra note 6, for a more detailed description of the 8.7(d)(i)(B) and (d)(ii)(B). 26 See RMM filing, supra note 6. RMM program.
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In this regard, the purpose of these are necessary and appropriate to allow III. Solicitation of Comments procedures is to enable the Exchange to the Exchange to commence its IRAP Interested persons are invited to know with certainty the number of knowing exactly how many electronic submit written data, views, and electronic appointments that will be quoting appointments would be arguments concerning the foregoing, available in each product during the available in each of the products including whether Amendments No. 3 IRAP. If MMs that receive included in the RMM program based on and 4 to the proposed rule change are ‘‘grandfathered’’ appointments were the number of grandfathered MM consistent with the Act. Comments may able to change their trading stations, it appointments in particular classes. This be submitted by any of the following would be extremely difficult for the certainty would enable the appointment methods: Exchange to know with certainty how process to operate efficiently and many electronic appointments were Electronic Comments expediently. In addition, the available on a per product basis. For this Commission believes that placing that • Use the Commission’s Internet reason, the Exchange proposes that, for comment form (http://www.sec.gov/ the limited period from March 21, 2005, portion of proposed CBOE Rule 8.3(c) governing MMs’ ability to stream rules/sro.shtml); or through the end of the IRAP, MMs • Send an e-mail to rule- would be able to switch trading stations, electronic quotes from locations outside [email protected]. Please include File albeit on a temporary basis, as described of their appointed trading stations on a Number SR–CBOE–2004–58 on the below. one-year pilot should allow the Under proposed Interpretations and Exchange ample opportunity to evaluate subject line. Policies .02 to CBOE Rule 8.3A the effectiveness such pilot. Paper Comments (‘‘Temporary Appointments’’ for the Furthermore, the Commission notes that • Send paper comments in triplicate Period from March 21, 2005 through the the proposed amendment to CBOE Rule to Jonathan G. Katz, Secretary, end of the Initial RMM Appointment 8.3(c) in Amendment No. 4 simply Securities and Exchange Commission, Process), the following procedures incorporates into the proposed rule a 450 Fifth Street, NW., Washington, DC would apply to MMs’ requests to change prohibition against a MM affiliated with 20549–0609. their appointed trading stations during an RMM from streaming electronic All submissions should refer to File the period commencing March 21, 2005, quotes from outside of his/her Number SR–CBOE–2004–58. This file and lasting until the end of the IRAP. appointed trading station into any class 1. Beginning March 21, 2005, until the number should be included on the in which the affiliated RMM has an subject line if e-mail is used. To help the termination of the IRAP, all MM 30 requests to change their appointed appointment. As a result, the Commission process and review your trading stations would be granted on a Commission finds that Amendments comments more efficiently, please use temporary basis (‘‘temporary No. 3 and 4 are consistent with the Act. only one method. The Commission will post all comments on the Commission’s appointment’’), provided the CQL for D. Accelerated Approval of the the requisite product has not been met Internet Web site (http://www.sec.gov/ Proposed Rule Change and rules/sro.shtml). Copies of the (i.e., on a space-available basis, as Amendments No. 1, 2, 3 and 4 described in Rule 8.3A.01). Each submission, all subsequent temporary appointment terminates at The Commission finds good cause for amendments, all written statements 3:15 p.m. (CT) on the last day of the approving the proposed rule change and with respect to the proposed rule change that are filed with the IRAP, at which point all MMs’ Amendments No. 1, 2, 3, and 4 thereto Commission, and all written appointed trading stations would revert prior to the thirtieth day after the communications relating to the to the appointed trading station the MM amendment is published for comment held on March 18, 2005. proposed rule change between the in the Federal Register pursuant to Commission and any person, other than 2. In order to receive a permanent Section 19(b)(2) of the Act.31 The appointment in a product in which a those that may be withheld from the Commission believes that accelerating public in accordance with the MM previously held a temporary approval of the proposal, as amended, is appointment, a MM must participate in provisions of 5 U.S.C. 552, will be necessary to the proper operation of the the IRAP and be allocated such product. available for inspection and copying in 3. Upon termination of the IRAP, all CBOE’s Hybrid Trading System and the Commission’s Public Reference MM (including RMM) requests for Hybrid 2.0 Platform because it would Section, 450 Fifth Street, NW., appointments and/or appointed trading allow MMs to quote electronically from Washington, DC 20549. Copies of such stations would be handled subject to the outside of their appointed trading filing also will be available for requirements of Rule 8.3A (Class stations at approximately the same time inspection and copying at the principal Quoting Limits) and in accordance with that CBOE begins the rollout of its RMM office of the CBOE. All comments the appointment procedures of Rules 8.3 program, and would allow CBOE to received will be posted without change; (MM appointments) and 8.4 (RMM commence its IRAP with a better the Commission does not edit personal appointments), as applicable. understanding of how many electronic identifying information from Amendment No. 4 to the proposed appointments would be available in submissions. You should submit only rule change proposes to amend CBOE products included in the RMM program. information that you wish to make Rule 8.3(c) to codify that any MM The Commission therefore believes that available publicly. All submissions affiliated with an RMM would be accelerated approval of the proposed should refer to File Number SR–CBOE– prohibited from submitting electronic rule change and Amendments No. 1, 2, 2004–58 and should be submitted on or quotations from outside of its appointed 3, and 4 is appropriate, and finds that before April 21, 2005. trading station in any class in which the it is consistent with the Act. IV. Conclusion affiliated RMM has an appointment.29 It is therefore ordered, pursuant to The Commission believes that the 30 The Commission notes that this prohibition 32 proposed changes in Amendment No. 3 was specifically published for comment in the Section 19(b)(2) of the Act, that the Notice. See supra note 5. 29 See supra note 7. 31 15 U.S.C. 78s(b)(2). 32 15 U.S.C. 78s(b)(2).
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proposed rule change (SR–CBOE–2004– change, as amended, from interested of orders at the Exchange.6 With a few 58), as amended, be approved on an persons. exceptions, CHXpress orders will be accelerated basis. executed immediately and I. Self-Regulatory Organization’s For the Commission, by the Division of automatically against same or better- Statement of the Terms of Substance of priced orders in the specialist’s book, or Market Regulation, pursuant to delegated the Proposed Rule Change authority.33 against the specialist’s quote (when that 7 J. Lynn Taylor, The CHX proposes to amend its functionality is available). If a Assistant Secretary. Participant Fee Schedule to exempt, CHXpress order cannot be immediately executed, it will be placed in the [FR Doc. E5–1408 Filed 3–30–05; 8:45 am] from the fixed fees paid by specialist firms, securities in which CHXpressTM specialist’s book for instantaneous BILLING CODE 8010–01–P 8 orders are processed by the Exchange. display or later execution. A CHX Below is the text of the proposed rule specialist may not cancel or place a SECURITIES AND EXCHANGE change. Proposed new language is in CHXpress order on hold or otherwise COMMISSION italics. prevent the order-sending firm from canceling the order. [Release No. 34–51430; File No. SR–CHX– * * * * * The Exchange stated that this new 2005–03] Participant Fees and Credits functionality currently is available in select issues, and the Exchange plans to Self-Regulatory Organizations; Notice * * * * * extend the use of this functionality to of Filing and Immediate Effectiveness E. Specialist Fixed Fees additional issues in upcoming weeks. of a Proposed Rule Change and The Exchange also stated that the Amendment No. 1 Thereto by the Except in the case of Tape B Exemption Eligible Securities (as implementation of the CHXpress Chicago Stock Exchange, Inc. Relating functionality has been somewhat slower to Participant Fees and Credits defined above in Section D), and Designated CHXpress Securities (as than it anticipated because of the need March 24, 2005. defined below), which shall be exempt for the Exchange to focus on other trading system improvements. Pursuant to Section 19(b)(1) of the from assessment of fixed fees, According to the Exchange, two Securities Exchange Act of 1934 specialists will be assigned a fixed fee CHXpress-related projects—to automate (‘‘Act’’),1 and Rule 19b–42 thereunder, per assigned stock on a monthly basis, the execution of inbound ITS notice is hereby given that on March 1, to be calculated as follows: commitments and to provide for the 2005, the Chicago Stock Exchange, Inc. * * * * * (‘‘CHX’’ or ‘‘Exchange’’) filed with the automatic execution of a specialist’s ‘‘Designated CHXpress Securities’’ are quote—are among the projects that have Securities and Exchange Commission 9 (‘‘Commission’’) the proposed rule those issues which have been not yet been completed. The Exchange believes that the change as described in Items I, II, and designated by the Exchange on a CHXpress functionality has provided III, below, which Items have been monthly basis as fixed-fee exempt. the speed and certainty sought by some prepared by the CHX. On March 18, * * * * * of the Exchange’s participants and plans 2005, the Exchange filed Amendment II. Self-Regulatory Organization’s to extend the functionality to new No. 1 to the proposal to clarify three 3 Statement of the Purpose of, and securities over the next several weeks. issues in the original filing. The Statutory Basis for, the Proposed Rule According to the Exchange, CHX proposed rule change has been filed by Change specialist firms, on the other hand, have the CHX as establishing or changing a due, fee, or other charge, pursuant to In its filing with the Commission, the 6 See Securities Exchange Act Release No. 50481 Section 19(b)(3)(A)(ii) of the Act,4 and CHX included statements concerning (Sept. 30, 2004); 69 FR 60197 (Oct. 7, 2004) (SR– Rule 19b–4(f)(2) 5 thereunder, which the purpose of and basis for the CHX–2004–12). renders the proposal effective upon proposed rule change and discussed any 7 CHXpress orders will not be executed if those executions would improperly trade-through another filing with the Commission. The comments it received on the proposed ITS market or if trading in the issue had been Commission is publishing this notice to rule change. The text of these statements halted. CHXpress orders that would improperly solicit comments on the proposed rule may be examined at the places specified trade through an ITS market or that are received in Item IV below. The CHX has prepared during a trading halt will be cancelled. If trading in an issue has been halted, CHXpress orders in the 33 17 CFR 200.30–3(a)(12). summaries, set forth in Sections A, B, book will be cancelled. 1 15 U.S.C. 78s(b)(1). and C below, of the most significant 8 A CHXpress order will be instantaneously and 2 17 CFR 240.19b–4. aspects of such statements. automatically displayed when it constitutes the best 3 See Form 19b–4, dated March 18, 2005 bid or offer in the CHX book. See Article XX, Rule (‘‘Amendment No. 1’’), which replaced the original A. Self-Regulatory Organization’s 37(b)11(D). CHXpress orders, like all other orders at filing in its entirety. The Exchange filed Statement of the Purpose of, and the Exchange, will not be eligible for automated Amendment No. 1 to: (a) Remove the inadvertent display if that display would improperly lock or underlining of the term ‘‘Tape B’’ in the proposed Statutory Basis for, the Proposed Rule cross the NBBO. A CHXpress order that would rule text; (b) clarify the language in footnote 8 by Change improperly lock or cross the NBBO will be using the term ‘‘NBBO’’ instead of using both the cancelled. CHXpress orders cannot be excluded terms ‘‘NBBO’’ and ‘‘ITS BBO’’ when confirming 1. Purpose from the CHX’s quote. how CHXpress orders will be handled when they 9 The Exchange stated that it is also working to would improperly lock or cross the best bid or offer The Exchange stated that it is rolling enhance its systems’ ability to process the many in the market; and (c) clarify that the Exchange out a new, automated functionality for order messages that will be sent when the CHXpress proposes to classify as ‘‘Designated CHX Securities’’ functionality is rolled out to all securities. The all securities in which the CHXpress functionality the handling of particular orders, called TM Exchange stated that it has seen that the firms is enabled. CHXpress. According to the currently using this functionality typically will For purposes of calculating the 60-day abrogation Exchange, the CHXpress functionality is send an order and, if the order is not immediately period, the Commission considers the period to designed to provide additional executed, will send an immediate cancellation have commenced on March 18, 2005, the date the opportunities for the Exchange’s message. In general terms, these messages greatly Exchange filed Amendment No. 1. increase the number of slots (one slot for each 4 15 U.S.C. 78s(b)(3)(A)(ii). participants to seek and receive message) that must be available within the 5 17 CFR 240.19b–4(f)(2). liquidity through automated executions Exchange’s systems.
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noted that they will be best able to B. Self-Regulatory Organization’s rules/sro.shtml). Copies of the handle issues associated with the Statement on Burden on Competition submission, all subsequent automatic execution of CHXpress orders The Exchange does not believe that amendments, all written statements when inbound ITS commitments are the proposed rule change will impose with respect to the proposed rule automatically executed and when they any inappropriate burden on change that are filed with the can display (and have automatically competition. Commission, and all written executed) their manual proprietary communications relating to the C. Self-Regulatory Organization’s quotes—issues that will be addressed proposed rule change between the Statement on Comments on the with upcoming systems work.10 In the Commission and any person, other than Proposed Rule Change Received From interim, the Exchange is proposing to those that may be withheld from the Members, Participants, or Others exempt, from the specialist fixed fees, public in accordance with the all securities in which CHXpress orders No written comments were either provisions of 5 U.S.C. 552, will be available for inspection and copying in are processed by the Exchange.11 The solicited or received. the Commission’s Public Reference Exchange intends to identify these III. Date of Effectiveness of the Section, 450 Fifth Street, NW., securities, on a monthly basis, at the Proposed Rule Change and Timing for Washington, DC 20549. Copies of such beginning of each month, based on Commission Action filing also will be available for business factors including the interest The foregoing proposed rule change inspection and copying at the principal demonstrated by order-sending firms in has become effective pursuant to office of the CHX. All comments trading a particular security. The Section 19(b)(3)(A)(ii) of the Act,14 and received will be posted without change; Exchange stated that the CHXpress Rule 19b–4(f)(2)15 thereunder, because the Commission does not edit personal functionality would be enabled for these it establishes or changes a due, fee, or identifying information from Designated CHXpress Securities other charge imposed by the Exchange. submissions. You should submit only throughout the month. At any time within 60 days of the filing information that you wish to make of the proposed rule change, the available publicly. All submissions 2. Statutory Basis Commission may summarily abrogate should refer to File Number SR–CHX– The CHX believes that the proposed such rule change if it appears to the 2005–03 and should be submitted on or rule change, as amended, is consistent Commission that such action is before April 21, 2005. with Section 6(b) of the Act,12 in necessary or appropriate in the public For the Commission, by the Division of general, and furthers the objectives of interest, for the protection of investors, Market Regulation, pursuant to delegated Section 6(b)(4) of the Act,13 in or otherwise in furtherance of the authority.16 particular, in that it provides for the purposes of the Act. J. Lynn Taylor, equitable allocation of reasonable dues, IV. Solicitation of Comments Assistant Secretary. fees and other charges among its Interested persons are invited to [FR Doc. E5–1409 Filed 3–30–05; 8:45 am] members. submit written data, views, and BILLING CODE 8010–01–P arguments concerning the foregoing, 10 According to the Exchange, it is currently including whether the proposed rule possible for a specialist to receive an ITS change, as amended, is consistent with DEPARTMENT OF STATE commitment seeking execution at a displayed quote, and to be in the process of manually the Act. Comments may be submitted by [Public Notice 5037] executing that commitment, when a CHXpress any of the following methods: order seeking execution against the same interest Bureau of Educational and Cultural Electronic Comments automatically executes at that price. In these Affairs (ECA) Request for Grant situations, a specialist is obligated to fill the earlier- • Use the Commission’s Internet received ITS commitment, even though the Proposals: Tibet Professional, displayed bid or offer has already been satisfied. comment form (http://www.sec.gov/ Educational and Cultural Exchange The Exchange believes that the automatic execution rules/sro.shtml); or Program of inbound ITS commitments would resolve this • Send an e-mail to rule- double liability by taking down (or decrementing, [email protected]. Please include File Announcement Type: New Grant. when appropriate) the bid or offer immediately Number SR–CHX–2005–03 on the Funding Opportunity Number: ECA/ upon the automatic execution of the ITS subject line. PE/C/WHA/EAP–05–58. commitment. Any later-received CHXpress order Catalog of Federal Domestic would then be executed, if possible, against the Paper Comments CHX’s updated quote. Assistance Number: 00.000. The Exchange also stated that, when a CHX • Send paper comments in triplicate Key Dates: specialist displays a manual, proprietary bid or to Jonathan G. Katz, Secretary, Application Deadline: May 9, 2005. offer, the Exchange’s systems are not currently able Securities and Exchange Commission, to allow incoming orders, including CHXpress Executive Summary order, to automatically execute against that quote. 450 Fifth Street, NW., Washington, DC As a result, in securities where the CHXpress 20549–0609. The Office of Citizen Exchanges functionality is enabled (and where automated All submissions should refer to File welcomes proposals in an open executions are required against displayed quotes), Number SR–CHX–2005–03. This file competition for Tibet Professional, a CHX specialist does not display manual bids and number should be included on the Educational and Cultural Exchange offers. Projects that focus on the themes of 11 The Exchange stated that the proposed subject line if e-mail is used. To help the elimination of the fixed fee is designed to Commission process and review your Cultural Preservation and Economic compensate specialists for the potential double comments more efficiently, please use Self-sufficiency. The Office seeks liability associated with the handling of ITS only one method. The Commission will proposals that train and assist Tibetans commitments when CHXpress orders are living in Tibetan communities in China automatically executing against displayed bids and post all comments on the Commission’s offers and for their inability to manually post bids Internet Web site (http://www.sec.gov/ by providing professional experience and offers in CHXpress-eligible securities. and exposure to American life and 12 15 U.S.C. 78f(b). 14 15 U.S.C. 78s(b)(3)(A)(ii). 13 15 U.S.C. 78f(b)(4). 15 17 CFR 240.19b–4(f)(2). 16 17 CFR 200.30–3(a)(12).
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culture through internships, workshops enable the Government of the United education materials), or development of and other learning and sharing States to increase mutual understanding distance-learning technology solutions experiences hosted by local U.S. between the people of the United States for remote rural schools. English- institutions. The experiences also will and the people of other countries * * *; language training projects that are held provide Americans the opportunity to to strengthen the ties which unite us in China are preferred over ones that learn about Tibetan culture and the with other nations by demonstrating the would bring Tibetans to the U.S. for social and economic challenges educational and cultural interests, training. Tibetans face today. These two-way developments, and achievements of the Developing Entrepreneurship exchanges should not be simply people of the United States and other academic in nature but should provide nations * * * and thus to assist in the Projects under this theme may focus practical, hands-on experience in U.S. development of friendly, sympathetic on the skills Tibetans, many of whom public or private sector settings that and peaceful relations between the come from rural backgrounds with may be adapted to an individual’s United States and the other countries of rudimentary economies, need to institution upon return home. Proposals the world.’’ The funding authority for function effectively in a modern may combine elements of professional the program above is provided through economy (e.g. finance, accounting, and enrichment, job shadowing and legislation. language skills). Projects will be favored internships appropriate to the language that explore ways in which both the Purpose ability and interests of the participants. government and the private sector can Applicants should ensure that their The Office of Citizen Exchanges help promote sustainable proposals comply with the Tibet Policy welcomes proposals that focus on the entrepreneurship, including access to Act of 2002, particularly that their themes of Cultural Preservation and credit, ecologically conscious tourism projects promote in all stages the active Economic Self-sufficiency under this policies and investment, or English participation of Tibetans. Section 616 competition for FY–2005 Tibet language training for trade or tourism (d) of the Foreign Relations Professional, Educational and Cultural purposes. Programs that train budding Authorization Act, 2003 (Pub. L. 107– Exchange Projects. entrepreneurs and develop micro- 228) defines the Tibet Project Principles. finance programs for them are welcome. Cultural Preservation (d) Tibet Project Principles—Projects Sustainable Growth and Eco-Tourism in Tibet supported by international Projects under this theme should aim financial institutions, other to assist Tibetans in preserving their Exchanges funded under this theme international organizations, cultural heritage through activities would help American and Tibetan nongovernmental organizations, and the designed to reduce the pillage of conservationists, tourism planners, and United States entities referred to in irreplaceable cultural heritage and to economic planners share their subsection (c), should (1) Be create opportunities to develop long- experience in managing tourism implemented only after conducting a term strategies for preserving cultural resources and development projects, thorough assessment of the needs of the property through training and particularly in ecologically fragile areas, Tibetan people through field visits and conservation, museum development, and would contribute to better interviews; (2) Be preceded by cultural and public education. Projects might understanding of conservation and and environmental impact assessments; include supporting the preservation of concepts essential to responsible (3) Foster self-sufficiency and self- cultural sites; objects in a site, museum economic growth. Local community reliance of Tibetans; (4) Promote or similar institution; or forms of projects are invited in fields such as accountability of the development traditional cultural expression. The eco-tourism, renewable energy, or agencies to the Tibetan people and proposals may encompass topics such poverty alleviation projects, including active participation of Tibetans in all as museum needs, historic buildings, farm technology, animal husbandry, or project stages; (5) Respect Tibetan collections, archaeological sites, rare agricultural marketing. culture, traditions, and the Tibetan manuscripts, language, or traditional II. Award Information knowledge and wisdom about their arts, crafts, or music. Type of Award: Grant Agreement. landscape and survival techniques; (6) Economic Self-Sufficiency Be subject to on-site monitoring by the Fiscal Year Funds: Fiscal Year 2005. development agencies to ensure that the Vocational Education Approximate Total Funding: $500,000. intended target group benefits; (7) Be Proposals are sought which implemented by development agencies emphasize vocational training or Approximate Number of Awards: prepared to use Tibetan as the working administration and development of Four. language of the projects; (8) neither vocational schools targeted towards the Approximate Average Award: provide incentive for, nor facilitate the practical needs of Tibetan communities. $125,000. migration and settlement of, non- Discussion of how to integrate Floor of Award Range: $60,000. Tibetans into Tibet; and (9) neither education with economic planning, how Ceiling of Award Range: $135,000. provide incentive for, nor facilitate the to diversify revenue sources, and how to Anticipated Award Date: September transfer of ownership of, Tibetan land or recruit, train and retain strong faculty 1, 2005. natural resources to non-Tibetans. would all contribute towards increased Anticipated Project Completion Date: December 31, 2007. 1. Funding Opportunity Description emphasis on vocational education and its importance to both Americans and III. Eligibility Information Authority Tibetans in a modern and changing Overall grant making authority for economy. Vocational education may III.1. Eligible applicants this program is contained in the Mutual include practical training of Applications may be submitted by Educational and Cultural Exchange Act entrepreneurs, development of Tibetan- public and private non-profit of 1961, Public Law 87–256, as language educational materials (such as organizations meeting the provisions amended, also known as the Fulbright- Tibetan-English teaching guides or described in Internal Revenue Code Hays Act. The purpose of the Act is ‘‘to Tibetan-language public health section 26 U.S.C. 501(c)(3).
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III.2. Cost Sharing or Matching Funds Number ECA/PE/C/WHA/EAP–05–58 which covers the administration of the There is no minimum or maximum located at the top of this announcement Exchange Visitor Program (J visa percentage required for this on all other inquiries and program). Under the terms of 22 CFR competition. However, the Bureau correspondence. part 62, organizations receiving grants under this RFGP will be third parties encourages applicants to provide IV.2. To Download a Solicitation maximum levels of cost sharing and ‘‘cooperating with or assisting the Package Via Internet sponsor in the conduct of the sponsor’s funding in support of its programs. The entire Solicitation Package may When cost sharing is offered, it is program.’’ The actions of grantee be downloaded from the Bureau’s Web understood and agreed that the program organizations shall be site at http://exchanges.state.gov/ ‘‘imputed to the sponsor in evaluating applicant must provide the amount of education/rfgps/menu.htm. Please read the sponsor’s compliance with’’ 22 CFR cost sharing as stipulated in its proposal all information before downloading. part 62. Therefore, the Bureau expects and later included in an approved grant that any organization receiving a grant agreement. Cost sharing may be in the IV.3. Content and Form of Submission under this competition will render all form of allowable direct or indirect Applicants must follow all assistance necessary to enable the costs. For accountability, you must instructions in the Solicitation Package. Bureau to fully comply with 22 CFR maintain written records to support all The original and ten copies of the part 62 et seq. costs that are claimed as your application should be sent per the The Bureau of Educational and contribution, as well as costs to be paid instructions under IV.3e. ‘‘Submission Cultural Affairs places great emphasis by the Federal government. Such Dates and Times section’’ below. on the secure and proper administration records are subject to audit. The basis IV.3a. You are required to have a Dun of Exchange Visitor (J visa) Programs for determining the value of cash and and Bradstreet Data Universal and adherence by grantee program in-kind contributions must be in Numbering System (DUNS) number to organizations and program participants accordance with OMB Circular A–110, apply for a grant or cooperative to all regulations governing the J visa (Revised), Subpart C.23—Cost Sharing agreement from the U.S. Government. program status. Therefore, proposals and Matching. In the event you do not This number is a nine-digit should explicitly state in writing that the provide the minimum amount of cost identification number, which uniquely applicant is prepared to assist the sharing as stipulated in the approved identifies business entities. Obtaining a Bureau in meeting all requirements budget, ECA’s contribution will be DUNS number is easy and there is no governing the administration of reduced in like proportion. charge. To obtain a DUNS number, Exchange Visitor Programs as set forth III.3. Other Eligibility Requirements access http:// in 22 CFR part 62. If your organization www.dunandbradstreet.com or call 1– has experience as a designated Grants awarded to eligible 866–705–5711. Please ensure that your Exchange Visitor Program Sponsor, the organizations with less than four years DUNS number is included in the applicant should discuss their record of of experience in conducting appropriate box of the SF–424 which is compliance with 22 CFR part 62 et seq., international exchange programs will be part of the formal application package. including the oversight of their limited to $60,000. IV.3b. All proposals must contain an Responsible Officers and Alternate IV. Application and Submission executive summary, proposal narrative Responsible Officers, screening and Information and budget. selection of program participants, Please Refer to the Solicitation provision of pre-arrival information and Note: Please read the complete Federal Package. It contains the mandatory orientation to participants, monitoring Register announcement before sending Proposal Submission Instructions (PSI) of participants, proper maintenance and inquiries or submitting proposals. Once the document for additional formatting and security of forms, record-keeping, RFGP deadline has passed, Bureau staff may technical requirements. reporting and other requirements. not discuss this competition with applicants IV.3c. You must have nonprofit status The Office of Citizen Exchanges of until the proposal review process has been with the IRS at the time of application. ECA will be responsible for issuing DS– completed. If your organization is a private 2019 forms to participants in this nonprofit which has not received a grant program. IV.1 Contact Information To Request or cooperative agreement from ECA in A copy of the complete regulations an Application Package the past three years, or if your governing the administration of Please contact the Office of Citizen organization received nonprofit status Exchange Visitor (J) programs is Exchanges, ECA/PE/C, Room 224, U.S. from the IRS within the past four years, available at http://exchanges.state.gov Department of State, SA–44, 301 4th you must submit the necessary or from: United States Department of Street, SW., Washington, DC 20547, documentation to verify nonprofit status State, Office of Exchange Coordination telephone number 202–453–8154 and as directed in the PSI document. Failure and Designation, ECA/EC/ECD—SA–44, fax number 202–453–8168, to do so will cause your proposal to be Room 734, 301 4th Street, SW., [email protected] to request a declared technically ineligible. Washington, DC 20547, Telephone: Solicitation Package. Please refer to the IV.3d. Please take into consideration (202) 401–9810, FAX: (202) 401–9809. Funding Opportunity Number ECA/PE/ the following information when IV.3d.2 Diversity, Freedom and C/WHA/EAP–050–58 located at the top preparing your proposal narrative: Democracy Guidelines. Pursuant to the of this announcement when making IV.3d.1 Adherence To All Regulations Bureau’s authorizing legislation, your request. Governing The J Visa. The Office of programs must maintain a non-political The Solicitation Package contains the Citizen Exchanges of the Bureau of character and should be balanced and Proposal Submission Instruction (PSI) Educational and Cultural Affairs is the representative of the diversity of document that consists of required official program sponsor of the exchange American political, social, and cultural application forms, and standard program covered by this RFGP, and an life. ‘‘Diversity’’ should be interpreted guidelines for proposal preparation. employee of the Bureau will be the in the broadest sense and encompass Please specify Douglas McNeal and ‘‘Responsible Officer’’ for the program differences including, but not limited to refer to the Funding Opportunity under the terms of 22 CFR part 62, ethnicity, race, gender, religion,
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geographic location, socio-economic information is important to show the minimum of three years and provided to status, and disabilities. Applicants are scope or size of project activities, but it the Bureau upon request. strongly encouraged to adhere to the cannot substitute for information about IV.3e. Please take the following advancement of this principle both in progress towards outcomes or the information into consideration when program administration and in program results achieved. Examples of outputs preparing your budget: content. Please refer to the review include the number of people trained or IV.3e.1. Applicants must submit a criteria under the ‘Support for Diversity’ the number of seminars conducted. comprehensive budget for the entire section for specific suggestions on Outcomes, in contrast, represent program. Awards may not exceed incorporating diversity into your specific results a project is intended to $135,000. There must be a summary proposal. Public Law 104–319 provides achieve and is usually measured as an budget as well as breakdowns reflecting that ‘‘in carrying out programs of extent of change. Findings on outputs both administrative and program educational and cultural exchange in and outcomes should both be reported, budgets. Applicants may provide countries whose people do not fully but the focus should be on outcomes. separate sub-budgets for each program enjoy freedom and democracy,’’ the We encourage you to assess the component, phase, location, or activity Bureau ‘‘shall take appropriate steps to following four levels of outcomes, as to provide clarification. provide opportunities for participation they relate to the program goals set out IV.3e.2. Allowable costs for the in such programs to human rights and in the RFGP (listed here in increasing program include the following: democracy leaders of such countries.’’ order of importance): Travel costs: International and Public Law 106–113 requires that the 1. Participant satisfaction with the domestic airfares; visas; transit costs; governments of the countries described program and exchange experience. ground transportation costs. Please note above do not have inappropriate 2. Participant learning, such as that all air travel must be in compliance influence in the selection process. increased knowledge, aptitude, skills, with the Fly America Act. There is no Proposals should reflect advancement of and changed understanding and charge for J–1 visas for participants in these goals in their program contents, to attitude. Learning includes both Bureau sponsored programs. Please note that Tibetan participants may not travel the full extent deemed feasible. substantive (subject-specific) learning to the U.S. primarily for English IV.3d.3. Program Monitoring and and mutual understanding. language instruction. Evaluation. Proposals must include a 3. Participant behavior, concrete Per Diem: For the U.S. program, plan to monitor and evaluate the actions to apply knowledge in work or project’s success, both as the activities organizations have the option of using a community; greater participation and flat $160/day for program participants unfold and at the end of the program. responsibility in civic organizations; The Bureau recommends that your or the published U.S. Federal per diem interpretation and explanation of rates for individual American cities. For proposal include a draft survey experiences and new knowledge gained; questionnaire or other technique plus a activities outside the U.S., the published continued contacts between Federal per diem rates must be used. description of a methodology to use to participants, community members, and link outcomes to original project NOTE: U.S. escorting staff must use the others. published Federal per diem rates, not objectives. The Bureau expects that the 4. Institutional changes, such as grantee will track participants or the flat rate. Per diem rates may be increased collaboration and accessed at http://www. partners and be able to respond to key partnerships, policy reforms, new evaluation questions, including policyworks.gov/. programming, and organizational Interpreters: If needed, interpreters for satisfaction with the program, learning improvements. as a result of the program, changes in the U.S. program are available through behavior as a result of the program, and Please note: Consideration should be given the U.S. Department of State Language effects of the program on institutions to the appropriate timing of data collection Services Division. Typically, a pair of for each level of outcome. For example, simultaneous interpreters is provided (institutions in which participants work satisfaction is usually captured as a short- or partner institutions). The evaluation for every four visitors who need term outcome, whereas behavior and interpretation. Bureau grants do not pay plan should include indicators that institutional changes are normally measure gains in mutual understanding considered longer-term outcomes. for foreign interpreters to accompany as well as substantive knowledge. delegations from their home country. Successful monitoring and evaluation Overall, the quality of your Grant proposal budgets should contain depend heavily on setting clear goals monitoring and evaluation plan will be a flat $160/day per diem for each and outcomes at the outset of a program. judged on how well it (1) specifies Department of State interpreter, as well Your evaluation plan should include a intended outcomes; (2) gives clear as home-program-home air description of your project’s objectives, descriptions of how each outcome will transportation of $400 per interpreter your anticipated project outcomes, and be measured; (3) identifies when plus any U.S. travel expenses during the how and when you intend to measure particular outcomes will be measured; program. Salary expenses are covered these outcomes (performance and (4) provides a clear description of centrally and should not be part of an indicators). The more that outcomes are the data collection strategies for each applicant’s proposed budget. Locally ‘‘smart’’ (specific, measurable, outcome (i.e., surveys, interviews, or arranged interpreters with adequate attainable, results-oriented, and placed focus groups). (Please note that skills and experience may be used by in a reasonable time frame), the easier evaluation plans that deal only with the the grantee in lieu of State Department it will be to conduct the evaluation. You first level of outcomes [satisfaction] will interpreters, with the same 1:4 should also show how your project be deemed less competitive under the interpreter to participant ratio. Costs objectives link to the goals of the present evaluation criteria.) associated with using their services may program described in this RFGP. Grantees will be required to provide not exceed rates for U.S. Department of Your monitoring and evaluation plan reports analyzing their evaluation State interpreters. should clearly distinguish between findings to the Bureau in their regular Book and cultural allowance: Foreign program outputs and outcomes. Outputs program reports. All data collected, participants are entitled to and escorts are products and services delivered, including survey responses and contact are reimbursed a one-time cultural often stated as an amount. Output information, must be maintained for a allowance of $150 per person, plus a
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participant book allowance of $50. U.S. Express Overnight Mail, etc.) and be adhere to the guidelines stated herein program staff members are not eligible shipped no later than the above and in the Solicitation Package. All to receive these benefits. deadline. The delivery services used by eligible proposals will be reviewed by Consultants: Consultants may be used applicants must have in-place, the program office, as well as the Public to provide specialized expertise, design centralized shipping identification and Diplomacy section overseas, where or manage development projects or to tracking systems that may be accessed appropriate. Eligible proposals will be make presentations. Honoraria generally via the Internet and delivery people subject to compliance with Federal and do not exceed $250 per day. who are identifiable by commonly Bureau regulations and guidelines and Subcontracting organizations may also recognized uniforms and delivery forwarded to Bureau grant panels for be used, in which case the written vehicles. Proposals shipped on or before advisory review. Proposals may also be agreement between the prospective the above deadline but received at ECA reviewed by the Office of the Legal grantee and subcontractor should be more than seven days after the deadline Adviser or by other Department included in the proposal. Subcontracts will be ineligible for further elements. Final funding decisions are at should be itemized in the budget. consideration under this competition. the discretion of the Department of Room rental: Room rental may not Proposals shipped after the established State’s Assistant Secretary for exceed $250 per day. Materials deadlines are ineligible for Educational and Cultural Affairs. Final development: Proposals may contain consideration under this competition. It technical authority for assistance costs to purchase, develop, and translate is each applicant’s responsibility to awards grants resides with the Bureau’s materials for participants. ensure that each package is marked with Grants Officer. Equipment: Proposals may contain a legible tracking number and to Review Criteria limited costs to purchase equipment monitor/confirm delivery to ECA via the crucial to the success of the program, Internet. ECA will not notify you upon Technically eligible applications will such as computers, fax machines and receipt of application. Delivery of be competitively reviewed according to copy machines. However, equipment proposal packages may not be made via the criteria stated below. These criteria costs must be kept to a minimum, and local courier service or in person for this are not rank ordered and all carry equal costs for furniture are not allowed. competition. Faxed documents will not weight in the proposal evaluation: Working Meal: The grant budget may be accepted at any time. Only proposals 1. Program Planning and Ability To provide for only one working meal submitted as stated above will be Achieve Objectives: Program objectives during the program. Per capita costs considered. Applications may not be should be stated clearly and should may not exceed $5–8 for a lunch and submitted electronically at this time. reflect the applicant’s expertise in the $14–20 for a dinner, excluding room Applicants must follow all subject area and region. Objectives rental. The number of invited guests instructions in the Solicitation Package. should respond to the priority topics in may not exceed participants by more this announcement and should relate to Important note: When preparing your than a factor of two-to-one. Interpreters the current conditions in the target submission please make sure to include one country/countries. A detailed agenda must be included as participants. extra copy of the completed SF–424 form and Return travel allowance: A return place it in an envelope addressed to ‘‘ECA/ and relevant work plan should explain travel allowance of $70 for each foreign EX/PM’’. how objectives will be achieved and participant may be included in the should include a timetable for budget. This may be used for incidental The original and ten copies of the completion of major tasks. The expenses incurred during international application should be sent to: U.S. substance of workshops, internships, travel. Department of State, SA–44, Bureau of seminars and/or consulting should be Health Insurance: Foreign Educational and Cultural Affairs, Ref.: described in detail. Sample training participants will be covered under the ECA/PE/C/WHA/EAP–05–58, Program schedules should be outlined. terms of a U.S. Department of State- Management, ECA/EX/PM, Room 534, Responsibilities of proposed in-country sponsored health insurance policy. The 301 4th Street, SW., Washington, DC partners should be clearly described. premium is paid by the U.S. Department 20547. 2. Institutional Capacity: Proposals of State directly to the insurance Along with the Project Title, all should include (1) the institution’s company. Applicants are permitted to applicants must enter the above mission and date of establishment; (2) included costs for travel insurance for Reference Number in Box 11 on the SF– detailed information about proposed in- U.S. participants in the budget. 424 contained in the mandatory country partner(s) and the history of the Administrative Costs: Costs necessary Proposal Submission Instructions (PSI) partnership; (3) an outline of prior for the effective administration of the of the solicitation document. awards—U.S. government and/or program may include salaries for grant IV.3g. Intergovernmental Review of private support received for the target organization employees, benefits, and Applications: Executive Order 12372 theme/country/region; and (4) other direct or indirect costs per does not apply to this program. descriptions of experienced staff Applicants must also submit the detailed instructions in the proposal members who will implement the ‘‘Executive Summary’’ and ‘‘Proposal submission instructions. program. The proposal should reflect Please refer to the Solicitation Narrative’’ sections of the proposal in the institution’s expertise in the subject Package for complete budget guidelines text (.txt) format on a PC-formatted disk. area and knowledge of the conditions in and formatting instructions. The Bureau will provide these files the target country/countries. Proposals IV.3f. Submission Dates and Times: electronically to the appropriate Public should demonstrate an institutional Application Deadline Date: Monday, Affairs Section(s) at the U.S. record of successful exchange programs, May 9, 2005. embassy(ies) for its (their) review. including responsible fiscal Explanation of Deadlines: Due to V. Application Review Information management and full compliance with heightened security measures, proposal all reporting requirements for past submissions must be sent via a V.1. Review Process Bureau grants as determined by Bureau nationally recognized overnight delivery The Bureau will review all proposals Grants Staff. The Bureau will consider service (i.e., DHL, Federal Express, UPS, for technical eligibility. Proposals will the past performance of prior recipients Airborne Express, or U.S. Postal Service be deemed ineligible if they do not fully and the demonstrated potential of new
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applicants. Proposed personnel and program outputs and outcomes. Outputs OMB Circular No. A–133, Audits of institutional resources should be are the units of service (number of States, Local Government, and Non- adequate and appropriate to achieve the participants, number of events profit Organizations. program’s goals. The Bureau strongly conducted, number of documents Please reference the following encourages applicants to submit letters translated or distributed). Outcomes are websites for additional information: of support from proposed in-country the impacts on individual participants http://www.whitehouse.gov/omb/grants. partners. in the exchanges, the larger beneficiary http://exchanges.state.gov/education/ 3. Cost Effectiveness and Cost audience, and institutional structures. grantsdiv/terms.htm#articleI. Sharing: Overhead and administrative Findings on outputs and outcomes costs in the proposal budget, including should both be reported, but the focus VI.3. Reporting Requirements salaries, honoraria and subcontracts for should be on outcomes. The more that You must provide ECA with a hard services, should be kept to a minimum. outcomes are ‘‘smart’’ (specific, copy original plus two copies of the Priority will be given to proposals measurable, attainable, results-oriented, following reports: whose administrative costs are less than and placed in a reasonable time frame), 1. A final program and financial thirty (30) percent of the total funds the stronger will be the evaluation. The report no more than 90 days after the requested from the Bureau. Applicants Bureau also requires that grantee expiration of the award; are strongly encouraged to cost share a institutions submit a final narrative and 2. A program report should be portion of overhead and administrative financial report. submitted after each program phase. expenses. Cost sharing, including 3. A financial report will be submitted VI. Award Administration Information contributions from the applicant, quarterly. proposed in-country partner(s), and VI.1. Award Notices Grantees will be required to provide other sources should be included in the reports analyzing their evaluation budget request. Proposal budgets that do Final awards cannot be made until findings to the Bureau in their regular not reflect cost sharing will be deemed funds have been appropriated by program reports. (Please refer to IV. not competitive in this category. Congress, allocated and committed Application and Submission 4. Support of Diversity: Proposals through internal Bureau procedures. Instructions (IV.3.d.3) above for Program should demonstrate substantive support Successful applicants will receive an Monitoring and Evaluation information. of the Bureau’s policy on diversity. Assistance Award Document (AAD) All data collected, including survey Achievable and relevant features should from the Bureau’s Grants Office. The responses and contact information, must be cited in both program administration AAD and the original grant proposal be maintained for a minimum of three (selection of participants, program with subsequent modifications (if years and provided to the Bureau upon venue and program evaluation) and applicable) shall be the only binding request. program content (orientation and wrap- authorizing document between the All reports must be sent to the ECA up sessions, program meetings, resource recipient and the U.S. Government. The Grants Officer and ECA Program Officer materials and follow-up activities). AAD will be signed by an authorized listed in the final assistance award Applicants should refer to the Bureau’s Grants Officer, and mailed to the document. Diversity, Freedom and Democracy recipient’s responsible officer identified Guidelines in the Proposal Submission in the application. VII. Agency Contacts Instructions (PSI) and the Diversity, Unsuccessful applicants will receive For questions about this Freedom and Democracy Guidelines notification of the results of the announcement, contact: Douglas section above for additional guidance. application review from the ECA McNeal, Office of Citizen Exchanges, 5. Post-Grant Activities: Applicants program office coordinating this ECA/PE/C Room 216, ECA/PE/C/WHA/ should provide a plan to conduct competition. EAP–05–58, U.S. Department of State, activities after the Bureau-funded SA–44, 301 4th Street, SW., project has concluded in order to ensure VI.2 Administrative and National Policy Washington, DC 20547, telephone that Bureau-supported programs are not Requirements number 202–453–8154 and fax number isolated events. Funds for all post-grant Terms and Conditions for the 202–453–8168, e-mail address activities must be in the form of Administration of ECA agreements [email protected]. contributions from the applicant or include the following: All correspondence with the Bureau sources outside of the Bureau. Costs for Office of Management and Budget concerning this RFGP should reference these activities should not appear in the Circular A–122, ‘‘Cost Principles for the above title and number ECA/PE/C/ proposal budget, but should be outlined Nonprofit Organizations.’’ WHA/EAP–05–58. in the narrative. 6. Evaluation: Proposals should Office of Management and Budget Please read the complete Federal include a detailed plan to evaluate the Circular A–21, ‘‘Cost Principles for Register announcement before sending program. Applicants must identify Educational Institutions.’’ inquiries or submitting proposals. Once objectives that respond to our goals OMB Circular A–87, ‘‘Cost Principles the RFGP deadline has passed, Bureau listed in the RFGP. Objectives should for State, Local and Indian staff may not discuss this competition state what the concrete results of the Governments’’. with applicants until the proposal program would be. Clearly stated OMB Circular No. A–110 (Revised), review process has been completed. objectives are needed to enable an Uniform Administrative Requirements VIII. Other Information evaluation plan to determine whether for Grants and Agreements with the program has done what it has set out Institutions of Higher Education, Notice to do. Applicant’s staff must plan to Hospitals, and other Nonprofit The terms and conditions published evaluate the project’s success, after each Organizations. in this RFGP are binding and may not program phase and at the completion of OMB Circular No. A–102, Uniform be modified by any Bureau the program activity. As part of the Administrative Requirements for representative. Explanatory information evaluation process, your evaluation plan Grants-in-Aid to State and Local provided by the Bureau that contradicts should clearly distinguish between Governments. published language will not be binding.
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Issuance of the RFGP does not from the member-organized Members of the public are welcome to constitute an award commitment on the Subcommittee on Emerging participate and may join in the part of the Government. The Bureau Technologies on Voice Over Internet discussions, subject to the discretion of reserves the right to reduce, revise, or Protocol will be presented for the the Chair. Persons planning to attend increase proposal budgets in accordance Committee’s consideration. this meeting should send the following with the needs of the program and the Members of the public may attend data by fax to (202) 647–5957 or e-mail availability of funds. Awards made will these meetings up to the seating to [email protected] not later than 24 be subject to periodic reporting and capacity of the room. While the meeting hours before the meeting: (1) Name of evaluation requirements per section VI.3 is open to the public, admittance to the the meeting, (2) your name, and (3) above. Department of State building is only by organizational affiliation. A valid photo Dated: March 25, 2005. means of a pre-arranged clearance list. ID must be presented to gain entrance to C. Miller Crouch, In order to be placed on the pre- the National Academy of Sciences clearance list, please provide your Building. Directions to the meeting Principal Deputy Assistant Secretary, Bureau of Educational and Cultural Affairs, name, title, company, social security location may be obtained by calling the Department of State. number, date of birth, and citizenship to ITAC Secretariat at (202) 647–5205. [FR Doc. 05–6384 Filed 3–30–05; 8:45 am] Robert M. Watts at [email protected] no Dated: March 22, 2005. later than 5 p.m. on Tuesday, April 19, Anne Jillson, BILLING CODE 4710–05–P 2005. All attendees for this meeting Foreign Affairs Officer, International must use the 23rd Street entrance. One Communications and Information Policy, DEPARTMENT OF STATE of the following valid ID’s will be Department of State. required for admittance: any U.S. [FR Doc. 05–6381 Filed 3–30–05; 8:45 am] [Public Notice 5018] driver’s license with photo, a passport, or a U.S. government agency ID. Non- BILLING CODE 4710–07–P Meeting of Advisory Committee on U.S. government attendees must be International Communications and escorted by Department of State Information Policy personnel at all times when in the DEPARTMENT OF TRANSPORTATION building. The Department of State announces Federal Aviation Administration the next meeting of its Advisory For further information, please Committee on International contact Robert M. Watts, Executive Flight Instructor Refresher Clinic Communications and Information Secretary of the Committee, at 202–647– Approvals Policy (ACICIP) to be held on Thursday, 4736 or by e-mail at [email protected]. AGENCY: April 21, 2005, from 10 a.m. to 12:30 Dated: March 24, 2005. Federal Aviation Administration (FAA), DOT. p.m., in Room 1105 of the Harry S. Robert M. Watts, ACTION: Truman Building of the U.S. Executive Secretary, ACICIP, Department of Notice of policy change. Department of State. The Truman State. Building is located at 2201 C Street, SUMMARY: This notice is provided to [FR Doc. 05–6382 Filed 3–30–05; 8:45 am] inform the aviation community that NW., Washington, DC 20520. BILLING CODE 4710–07–P The committee provides a formal effective immediately, the FAA’s channel for regular consultation and General Aviation And Commercial Division, AFS–800, will accept for coordination on major economic, social DEPARTMENT OF STATE and legal issues and problems in approval new Flight Instructor Refresher international communications and [Public Notice 5017] Clinic (FIRC) training course outlines that meet the standards set forth in information policy, especially as these Notice of Meeting; United States issues and problems involve users of Advisory Circular (AC) 61–83E, International Telecommunication Nationally Scheduled Federal Aviation information and communications Advisory Committee; Information services, providers of such services, Administration Approved Industry- Meeting on the World Summit on the Conducted Flight Instructor Refresher technology research and development, Information Society foreign industrial and regulatory policy, Clinics. This rescinds the Federal the activities of international The Department of State announces a Register notice (FR Doc. 04–6149) organizations with regard to meeting of the U.S. International issued March 11, 2004. communications and information, and Telecommunication Advisory FOR FURTHER INFORMATION CONTACT: developing country issues. Committee (ITAC). The purpose of the Mike Brown, Certification and Flight The meeting will be led by ACICIP Committee is to advise the Department Training Branch, AFS–840, FAA, 800 Chair Mr. Richard E. Wiley of Wiley on matters related to telecommunication Independence Ave., SW., Washington, Rein & Fielding LLP. Ambassador David and information policy matters in DC 20591; telephone (202) 267–7653; A. Gross, Deputy Assistant Secretary preparation for international meetings fax (202) 267–5094; or e-mail and U.S. Coordinator for International pertaining to telecommunication and [email protected]. Communications and Information information issues. BACKGROUND: During the last year, AFS– Policy, and other senior State The ITAC will meet to discuss the 800 has continued to work with Department officials will also address matters related to the second phase of industry to develop and implement the meeting. The main focus of the the World Summit on the Information system safety principles within the event will be to discuss U.S.-Asia Society (WSIS). The meeting will take flight training community. The response political and economic relations, with place on Tuesday, April 19, 2005 from to these efforts has been an emphasis on China, and also to 10:30 a.m. to 12 p.m. in the auditorium overwhelmingly positive, and several discuss information and of the Historic National Academy of training providers have come forward communications technology issues Science Building. The National requesting FIRC approvals for programs concerning China and the Asia Pacific Academy of Sciences is located at 2100 that highlight the FAA’s system safety Economic Cooperation forum. A report C St. NW., Washington, DC. initiatives. Unfortunately, the FAA was
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unable to consider approval of these This notice is filed under 49 CFR Respondents: Federal Government, FIRC programs due to standing policy. 1180.2(d)(8). If it contains false or State, Local, or Tribal Government. However, it has become apparent that misleading information, the exemption Estimated Number of Respondents: existing FAA policy does not best serve is void ab initio. Petitions to revoke the 56. the flight training community. exemption under 49 U.S.C. 10502(d) Estimated Burden Hours Per Accordingly, that policy is hereby may be filed at any time. The filing of Respondent: 403 Hours. rescinded. a petition to revoke will not Frequency of Response: The FAA encourages training automatically stay the transaction. Recordkeeping Annually. providers who wish to develop new An original and 10 copies of all Estimated Total Reporting Burden: FIRC programs to contact the AFS–800 pleadings, referring to STB Finance 22,579 Hours. organization for further details Docket No. 34675, must be filed with Clearance Officer: Jiovannah L. Diggs, concerning the approval process. These the Surface Transportation Board, 1925 (202) 874–7662, Financial Management same providers should also familiarize K Street, NW., Washington, DC 20423– Service, Administrative Programs themselves with the contents of AC61– 0001. In addition, a copy of each Division, Records and Information 83E, as well as Volumes 1–3 of the pleading must be served on Sarah W. Management Program, 3700 East West FAA/Industry Training Standards Bailiff, 2500 Lou Menk Drive, P.O. Box Highway, Room 144, Hyattsville, MD (FITS) and System Safety training 961039, Fort Worth, TX 76161–0039. 20782. documents located on the FAA’s Web Board decisions and notices are OMB Reviewer: Joseph F. Lackey, Jr., site at http://www.faa.gov/avr/afs/FITS/ available on our Web site at ‘‘http:// (202) 395–7316, Office of Management training.cfm. www.stb.dot.gov.’’ and Budget, Room 10235, New Executive Office Building, Washington, Issued in Washington DC on March 28, Decided: March 23, 2005. 2005. DC 20503. By the Board, David M. Konschnik, Robert A. Wright, Director, Office of Proceedings. Christopher L. Davis, Manager, General Aviation and Commercial Vernon A. Williams, Treasury PRA Assistant. Division. Secretary. [FR Doc. 05–6365 Filed 3–30–05; 8:45 am] [FR Doc. 05–6387 Filed 3–30–05; 8:45 am] [FR Doc. 05–6130 Filed 3–30–05; 8:45 am] BILLING CODE 4810–35–P BILLING CODE 4910–13–P BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY DEPARTMENT OF TRANSPORTATION DEPARTMENT OF THE TREASURY Alcohol and Tobacco Tax and Trade Surface Transportation Board Bureau Submission for OMB Review; [STB Finance Docket No. 34675] Comment Request Proposed Information Collection; BNSF Railway Company—Temporary March 28, 2005. Comment Request Trackage Rights Exemption—The The Department of the Treasury has AGENCY: Alcohol and Tobacco Tax and Kansas City Southern Railway submitted the following public Trade Bureau (TTB), Treasury. Company information collection requirement(s) to ACTION: Notice and request for The Kansas City Southern Railway OMB for review and clearance under the comments. Company (KCS) has agreed to grant Paperwork Reduction Act of 1995, temporary overhead trackage rights to Public Law 104–13. Copies of the SUMMARY: The Department of the BNSF Railway Company (BNSF) over submission(s) may be obtained by Treasury, Alcohol and Tobacco Tax and KCS’s rail line between Jefferson, TX, calling the Treasury Bureau Clearance Trade Bureau, as part of its continuing and Metro, TX, a distance of Officer listed. Comments regarding this effort to reduce paperwork and approximately 200.9 miles. information collection should be respondent burden, invites the public The transaction was scheduled to be addressed to the OMB reviewer listed and other Federal agencies to comment consummated on March 23, 2005, and and to the Treasury Department on proposed and continuing the temporary trackage rights are Clearance Officer, Department of the information collections, as required by intended to expire on May 20, 2005. The Treasury, Room 11000,1750 the Paperwork Reduction Act of 1995 purpose of the temporary trackage rights Pennsylvania Avenue, NW., (44 U.S.C. 3501 et seq.). Currently, we is to allow BNSF to bridge its train Washington, DC 20220. are seeking comments on the TTB service while its main lines are out of DATES: Written comments should be Questionnaire titled ‘‘Methanol Levels & service due to programmed track, received on or before May 2, 2005 to be Good Manufacturing Practices for Fruit roadbed, and structural maintenance. assured of consideration. Brandies.’’ As a condition to this exemption, any DATES: We must receive your written employee affected by the acquisition of Financial Management Service (FMS) comments on or before May 31, 2005. the temporary trackage rights will be OMB Number: 1510–0061. ADDRESSES: You may send comments to protected by the conditions imposed in Regulation Number: PL–101–453. Jeffrey A. Salisbury, Alcohol and Norfolk and Western Ry. Co.—Trackage Type of Review: Extension. Tobacco Tax and Trade Bureau, at any Rights—BN, 354 I.C.C. 605 (1978), as Title: ‘‘CMIA’’ Annual Report and of these addresses: modified in Mendocino Coast Ry., Inc.— Interest Calculation Cost Claims. • P.O. Box 14412, Washington, DC Lease and Operate, 360 I.C.C. 653 Description: PL 101–453 requires that 20044–4412; (1980), and any employee affected by States and Territories must report • 202–927–8525 (facsimile); or the discontinuance of those trackage interest liabilities for major Federal • [email protected] (e-mail). rights will be protected by the assistant programs annually. States and Please reference the information conditions set out in Oregon Short Line Territories may report interest collection’s title in your comment. If R. Co.—Abandonment—Goshen, 360 calculation cost claims for you submit your comment via facsimile, I.C.C. 91 (1979). compensation of administrative costs. send no more than five 8.5 x 11 inch
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pages in order to ensure electronic brandy, which is currently 0.35% by 14. Are your fruit brandies aged access to our equipment. volume. Consequently, FDA is also before bottling? If yes, please describe FOR FURTHER INFORMATION CONTACT: To considering revising or replacing their the aging process and the aging period. obtain additional information, copies of current guidance on fruit brandy (see Also, please indicate the proof of the the information collection and its Compliance Policy Guide (CPG) product before and after aging. 7119.09, October 1, 1980). As part of instructions, or copies of any comments 15. What quality control practices do this effort, FDA has requested TTB’s received, contact Jeffrey A. Salisbury, you use, other than those previously Alcohol and Tobacco Tax and Trade assistance to identify current manufacturing practices in the mentioned, to control the level of Bureau, P.O. Box 14412, Washington, methanol in your finished fruit DC 20044–4412; or telephone 202–927– production of brandy. Based on the brandies? 1188. information obtained in the survey, FDA SUPPLEMENTARY INFORMATION: may identify good manufacturing 16. Do you monitor the level of Title: Methanol Levels & Good practices used to make fruit brandies methanol in your fruit brandies? If you Manufacturing Practices for Fruit and utilize such information in do monitor the level of methanol, Brandies. developing guidance for industry. describe your monitoring process and OMB Number: To be assigned. Accordingly, responses to the provide data on methanol levels for the Abstract: TTB has authority under the following questions will provide TTB past 3 years. with the required information to Internal Revenue Code of 1986, Title 26 Current Actions: New information identify good manufacturing practices U.S.C., and the Federal Alcohol collection. Administration Act (FAA Act), 27 in the making of fruit brandy. Type of Review: Regular. U.S.C. 201 et seq., over distilled spirits, Questionnaire wines, and malt beverage products. Affected Public: Business or other for- 1. Where is your distilled spirits Section 105 of the FAA Act provides profit. plant(s) located? TTB with the authority to promulgate 2. On average, how much fruit Estimated Number of Respondents: regulations regarding the labeling and brandy, by volume, do you produce in 43. advertising of alcohol beverages to one year? (If you produce brandy from provide consumers with adequate Estimated Total Annual Burden more than one fruit, please provide a information concerning the identity and Hours: 91.75. breakdown of production volume by quality of such products. each type of fruit). Request for Comments TTB is proposing a voluntary 3. What percentage of fruit brandy collection of information from fruit Comments submitted in response to produced by you is sold in the United brandy producers and importers to States? (If you produce brandy from this notice will be included or identify good manufacturing practices more than one fruit, please provide a summarized in our request for Office of used in producing fruit brandies. Under breakdown of production volume by Management and Budget (OMB) the Memorandum of Understanding each type of fruit). approval of this information collection. Between the Food and Drug 4. From what geographic location do All comments are part of the public Administration (FDA) and the Bureau of you obtain the fruit used in the record and subject to disclosure. Please Alcohol, Tobacco and Firearms (TTB’s production of your fruit brandies? do not include any confidential or predecessor agency), 52 FR 45502, 5. What quality control procedures do inappropriate material in your November 30, 1987 (MOU), (still in you have in place regarding the fruit comments. force after the Homeland Security Act of used in your brandy production? (i.e. We invite comments on: (a) Whether 2002, which established TTB), TTB is inspections, age of fruit, condition responsible for testing alcohol beverages this information collection is necessary requirements, washing, etc.) for the proper performance of the for the presence of substances, which if 6. How do you prepare the fruit to agency’s functions, including whether detected, may make the product create the mash for fermentation? adulterated under the Federal Food, 7. Do you use any additional enzymes the information has practical utility; (b) Drug and Cosmetic Act of 1938, as in the mash to aid in the fermentation? the accuracy of the agency’s estimate of amended, 21 U.S.C. 301, et seq. (FD & If so, please describe the specific the information collection’s burden; (c) C Act). TTB may in certain instances enzymes that you are using. ways to enhance the quality, utility, and seek a ‘‘health hazard evaluation’’ from 8. Please describe the type of still you clarity of the information collected; (d) FDA to determine if a particular alcohol use in the production of your fruit ways to minimize the information beverage is adulterated under the FD & brandies. (e.g. Pot, Alembic, Pot collection’s burden on respondents, C Act. As a result of FDA’s Rectified, Armagnac, Continuous, including through the use of automated recommendations, TTB may take Other). collection techniques or other forms of enforcement action against importers 9. What is the degree of proof of your information technology; and (e) and manufacturers in cases involving fruit brandies at distillation, before estimates of capital or start-up costs and adulterated alcohol beverages based dilution and bottling? costs of operation, maintenance, and upon violations of TTB laws. 10. In the case of brandies produced purchase of services to provide the With regard to methanol and fruit by pot still, what is the composite proof requested information. brandy specifically, FDA is responsible at distillation? for issuing guidance on the safe level of 11. What is the heads/tails cutoff Dated: March 25, 2005. methanol in fruit brandy marketed to distillation and how do you determine William H. Foster, consumers, while TTB is responsible for the cutoff points? Chief, Regulations and Procedures Division. testing the level of methanol in fruit 12. What is your process for diluting [FR Doc. 05–6346 Filed 3–30–05; 8:45 am] brandy to determine if it is adulterated the distillate in order to adjust the proof BILLING CODE 4810–31–P under the FD & C Act. FDA is for bottling? considering revising the maximum 13. What is the proof of your finished permitted level of methanol in fruit product after bottling?
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DEPARTMENT OF THE TREASURY Estimated Time per Respondent: 30 DEPARTMENT OF THE TREASURY minutes. Internal Revenue Service Internal Revenue Service Estimated Total Annual Burden Proposed Collection; Comment Hours: 12,406. Open Meeting of the Area 4 Taxpayer Request for Form 12885 The following paragraph applies to all Advocacy Panel (Including the States of the collections of information covered of Illinois, Indiana, Kentucky, Michigan, AGENCY: Internal Revenue Service (IRS), by this notice: Ohio, Tennessee, and Wisconsin) Treasury. An agency may not conduct or ACTION: Notice and request for AGENCY: Internal Revenue Service (IRS), comments. sponsor, and a person is not required to Treasury. respond to, a collection of information ACTION: Notice. SUMMARY: The Department of the unless the collection of information Treasury, as part of its continuing effort displays a valid OMB control number. SUMMARY: An open meeting of the Area to reduce paperwork and respondent Books or records relating to a collection 4 Taxpayer Advocacy Panel will be burden, invites the general public and of information must be retained as long conducted. The Taxpayer Advocacy other Federal agencies to take this as their contents may become material Panel is soliciting public comment, opportunity to comment on proposed in the administration of any internal ideas, and suggestions on improving and/or continuing information revenue law. Generally, tax returns and customer service at the Internal Revenue collections, as required by the tax return information are confidential, Service. Paperwork Reduction Act of 1995, as required by 26 U.S.C. 6103. DATES: The meeting will be held Public Law 104–13 (44 U.S.C. Request for Comments: Comments Monday, April 25, 2005, 9 a.m. to 4 3506(c)(2)(A)). Currently, the IRS is p.m., and Tuesday, April 26, 2005, 8 submitted in response to this notice will soliciting comments concerning Form a.m. to 11 a.m., Central Time. be summarized and/or included in the 12885, Supplement to OF–612, Optional FOR FURTHER INFORMATION CONTACT: Application for Federal Employment. request for OMB approval. All comments will become a matter of Mary Ann Delzer at 1–888–912–1227, or DATES: Written comments should be public record. Comments are invited on: (414) 297–1604. received on or before May 31, 2005, to SUPPLEMENTARY INFORMATION: Notice is be assured of consideration. (a) Whether the collection of information is necessary for the proper hereby given pursuant to Section ADDRESSES: Direct all written comments performance of the functions of the 10(a)(2) of the Federal Advisory to Glenn Kirkland, Internal Revenue agency, including whether the Committee Act, 5 U.S.C. App. (1988) Service, room 6512, 1111 Constitution information shall have practical utility; that a meeting of the Area 4 Taxpayer Avenue NW., Washington, DC 20224. Advocacy Panel will be held Monday, (b) the accuracy of the agency’s estimate April 25, 2005, 9 a.m. to 4 p.m., and FOR FURTHER INFORMATION CONTACT: of the burden of the collection of Tuesday, April 26, 8 a.m. to 11 a.m., Requests for additional information or information; (c) ways to enhance the copies of the form and instructions Central Time, at the Memphis Marriott quality, utility, and clarity of the should be directed to Larnice Mack at Downtown, 250 North Main Street, information to be collected; (d) ways to Internal Revenue Service, room 6512, Memphis, TN 38103. You can submit 1111 Constitution Avenue NW., minimize the burden of the collection of written comments to the panel by faxing Washington, DC 20224, or at (202) 622– information on respondents, including to (414) 297–1623, or by mail to 3179, or through the Internet at through the use of automated collection Taxpayer Advocacy Panel, ([email protected]). techniques or other forms of information Stop1006MIL, 310 West Wisconsin technology; and (e) estimates of capital Avenue, Milwaukee, WI 53203–2221, or SUPPLEMENTARY INFORMATION: or start-up costs and costs of operation, you can contact us at http:// Title: Supplement to OF–612, maintenance, and purchase of services www.improveirs.org. This meeting is not Optional Application for Federal to provide information. required to be open to the public, but Employment. Approved: March 24, 2005. because we are always interested in OMB Number: 1545–1918. community input, we will accept public Form Number: 12885. Glenn Kirkland, comments. Please contact Mary Ann Abstract: Form 12885 is used as a IRS Reports Clearance Officer. Delzer at 1–888–912–1227 or (414) 297– supplement to the OF–612 to provide [FR Doc. E5–1407 Filed 3–30–05; 8:45 am] 1604 for more information. additional space for capturing work BILLING CODE 4830–01–P The agenda will include the history. following: Various IRS issues. Type of Review: Extension of a currently approved collection. Dated: March 22, 2005. Affected Public: Individuals or Martha Curry, households. Acting Director, Taxpayer Advocacy Panel. Estimated Number of Respondents: [FR Doc. E5–1403 Filed 3–30–05; 8:45 am] 24,813. BILLING CODE 4830–01–P
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Corrections Federal Register Vol. 70, No. 61
Thursday, March 31, 2005
This section of the FEDERAL REGISTER On page 14712, in the third column, March 14, 2005, make the following contains editorial corrections of previously under the DATES heading, in the third correction: published Presidential, Rule, Proposed Rule, line, ‘‘April 22, 2005’’ should read, and Notice documents. These corrections are ‘‘May 23, 2005.’’ § 71.1 [Corrected] prepared by the Office of the Federal Register. Agency prepared corrections are [FR Doc. C5–5692 Filed 3–30–05; 8:45 am] On page 12414, in the second column, issued as signed documents and appear in BILLING CODE 1505–01–D in §71.1, under the heading AEA PA E5 the appropriate document categories Mifflintown, PA [New], in the second elsewhere in the issue. line, ‘‘(Lat. 40°36′18″ N.,’’ should read DEPARTMENT OF TRANSPORTATION ‘‘(Lat. 40°36′04″ N.,’’. Federal Aviation Administration [FR Doc. C5–4981 Filed 3–30–05; 8:45 am] DEPARTMENT OF THE INTERIOR BILLING CODE 1505–01–D Office of Surface Mining Reclamation 14 CFR Part 71 and Enforcement [Docket No. FAA–2004–19458; Airspace Notice of Proposed Information Docket No. 04–AEA–11] Collection for 1029-0083 Establishment of Class E Airspace; Correction Mifflintown, PA In notice document 05–5692 beginning on page 14712 in the issue of Correction Wednesday, March 23, 2005, make the In rule document 05–4981 appearing following correction: on page 12414 in the issue of Monday,
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Part II
Department of Housing and Urban Development Notice of Funding Availability for Revitalization of Severely Distressed Public Housing HOPE VI Revitalization Grants Fiscal Year 2005; Notice
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DEPARTMENT OF HOUSING AND The dollar amount of HCV assistance is 2004) under the heading ‘‘Revitalization URBAN DEVELOPMENT in addition to the $20 million maximum of Severely Distressed Public Housing award amount and will be based upon (HOPE VI).’’ [Docket No. FR–4982–N–01] resident relocation needs. 2. The program authority for the Notice of Funding Availability for 5. All non-troubled public housing HOPE VI program is Section 24 of the Revitalization of Severely Distressed authorities (PHAs) with severely 1937 Act, as amended by Section 402 of Public Housing HOPE VI Revitalization distressed public housing are eligible to the HOPE VI Program Reauthorization Grants Fiscal Year 2005 apply. Troubled PHAs must have and Small Community Mainstreet received HUD approval to be considered Rejuvenation and Housing Act of 2003 AGENCY: Office of the Assistant eligible to apply. PHAs that manage (Pub. L. 108–186, approved December Secretary for Public and Indian only a HCV program, tribal PHAs and 16, 2003). Housing, HUD. tribally-designated housing entities are C. Definitions. 1. Developer. A ACTION: Notice of funding availability. not eligible. developer is an entity contracted to 6. A match of at least five percent is develop (and possibly operate) a mixed Overview Information required. finance development that includes 7. Each applicant may submit only public housing units, pursuant to 24 A. Federal Agency Name. Department one HOPE VI revitalization application. CFR part 941, subpart F. A developer of Housing and Urban Development, 8. Application materials may be most often has an ownership interest in Office of Public and Indian Housing. obtained from the Federal Register or the entity that is established to own and B. Funding Opportunity Title. over the Internet from http:// operate the replacement units (e.g., as Revitalization of Severely Distressed www.grants.gov/FIND. Technical the general partner of a limited Public Housing HOPE VI Revitalization corrections will be published in the partnership). Grants Fiscal Year 2005. Federal Register. Both technical 2. Public Housing Project. A public C. Announcement Type. Initial corrections and frequently asked housing project is a group of assisted announcement. questions will be posted on the housing units that has a single Project D. Funding Opportunity Number. The Number assigned by the Director of Federal Register number for this NOFA grants.gov website. 9. HUD’s general policy requirements Public Housing of a HUD Field Office is: FR–4982–N–01. The OMB approval and has, or had (in the case of number for this program is: 2577–0208. apply to all HUD Federal financial assistance NOFAs for Fiscal Year (FY) previously demolished units) housing E. Catalog of Federal Domestic units under an Annual Contributions Assistance (CFDA) Number. The CFDA 2005. These policies cover those NOFAs issued under HUD’s Super Notice of Contract. number for this NOFA is 14–866, 3. Replacement Housing. Under this ‘‘Demolition and Revitalization of Funding Availability (SuperNOFA) General Section (70 FR 13576), HOPE VI NOFA, a HOPE VI Severely Distressed Public Housing replacement housing unit shall be (HOPE VI).’’ published in the Federal Register on March 21, 2005, as well as those issued deemed to be any combination of public F. Dates. 1. Application Submission housing rental units, eligible Date: The application submission date after the General Section is published in the Federal Register. homeownership units under Section shall be June 29, 2005. See the General 24(d)(1)(J) of the 1937 Act, and HCV Section for application submission and Full Text of Announcement assistance that does not exceed the timely receipt requirements. I. Funding Opportunity Description number of units demolished and 2. Estimated Grant Award Date: The disposed of at the targeted severely estimated award date will be A. Program Description. In distressed public housing project. approximately September 27, 2005. accordance with Section 24(a) of the 4. Severely Distressed. a. In G. Optional, Additional Overview United States Housing Act of 1937 (1937 accordance with section 24(j)(2) of the Content Information. 1. Available Act) (42 U.S.C. 1437v), the purpose of 1937 Act, the term ‘‘severely distressed Funds. This NOFA announces the HOPE VI revitalization grants is to assist public housing’’ means a public housing availability of approximately $110 PHAs to: 1. Improve the living project (or building in a project) that: million in FY2005 funds for HOPE VI environment for public housing (1) Requires major redesign, Revitalization Program grants, plus residents of severely distressed public reconstruction, or redevelopment—or approximately $25 million additional housing projects through the partial or total demolition—to correct for grantees’ first-year, grant-related demolition, rehabilitation, serious deficiencies in the original housing choice voucher (HCV) reconfiguration, or replacement of design (including inappropriately high assistance. obsolete public housing projects (or population density), deferred 2. Proposed Rescission of Funds. The portions thereof); maintenance, physical deterioration or public is hereby notified that although 2. Revitalize sites (including obsolescence of major systems, and this NOFA announces the availability of remaining public housing dwelling other deficiencies in the physical plan FY 2005 HOPE VI Funds, the FY 2006 units) on which such public housing of the project; proposed budget includes the rescission projects are located and contribute to (2) Is a significant contributing factor of the FY 2005 HOPE VI Appropriation. the improvement of the surrounding to the physical decline of, and Therefore, this NOFA may be cancelled neighborhood; disinvestment by public and private at a later date and applications made 3. Provide housing that will avoid or entities in, the surrounding under this NOFA may not be funded. decrease the concentration of very low- neighborhood; 3. The maximum amount of each income families; and (3) (a) Is occupied predominantly by grant award is $20 million. It is 4. Build sustainable communities. families who are very low-income anticipated that six grant awards will be B. Authority. 1. The funding authority families with children, have made. for HOPE VI revitalization grants under unemployed members, and are 4. Housing choice voucher assistance this HOPE VI NOFA is provided by the dependent on various forms of public is available to successful applicants that Consolidated Appropriations Act, 2005 assistance; (b) has high rates of receive the revitalization grant awards. (Pub. L. 108–447, approved December 8, vandalism and criminal activity
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(including drug-related criminal Acquisition Policies Act Of 1970 (URA), acquisition, or rehabilitation costs activity) in comparison to other housing As Amended, in HOPE VI Projects,’’ related to homeownership replacement in the area; or (c) is lacking in sufficient paragraph IV.A.2. for the definition of units. appropriate transportation, supportive ‘‘temporary relocation’’ as it applies to 7. Acquisition. Acquisition of: services, economic opportunity, HOPE VI projects. The Notice can be a. Rental units and homeownership schools, civic and religious institutions, obtained through HUDClips at http:// units; or public services, resulting in severe www.hudclips.org/. b. Land for the development of off-site social distress in the project; D. Eligible Revitalization Activities. replacement units and community (4) Cannot be revitalized through HOPE VI Revitalization grants may be facilities (provided that the community assistance under other programs, such used for activities to carry out facilities are primarily intended to as the Capital Fund and Operating Fund revitalization programs for severely facilitate the delivery of community and programs for public housing under the distressed public housing in accordance supportive services for residents of the 1937 Act, or the programs under with Section 24(d) of the 1937 Act. public housing project and residents of Sections 9 or 14 of the 1937 Act (as in Revitalization activities approved by off-site replacement housing); effect before the effective date under HUD must be conducted in accordance c. Land for economic development- Section 503(a) of the Quality Housing with the requirements of this NOFA. related activities, provided that such and Work Responsibility Act of 1998 The following is a list of eligible acquisition is performed with non- (Pub. L. 105–276, approved October 21, activities. public housing funds. 1998), because of cost constraints and 1. Relocation. Relocation, including 8. Management Improvements. inadequacy of available amounts; and reasonable moving expenses, for Necessary management improvements, (5) In the case of an individual residents displaced as a result of the including transitional security activities. building that currently forms a portion revitalization of the project. See 9. Administration, Planning, Etc. of the public housing project targeted by Sections III.C.4. and V.A.6. of this Administration, planning, technical the application to this NOFA: NOFA for relocation requirements. assistance, and other activities (a) Is sufficiently separable from the 2. Demolition. Demolition of dwelling (including architectural and engineering remainder of the project of which the units or non-dwelling facilities, in work, program management, and building is part, such that the whole or in part, although demolition is reasonable legal fees) that are related to revitalization of the building is feasible; not a required element of a HOPE VI the implementation of the Revitalization or Revitalization Plan. Plan, as approved by HUD. See Cost (b) Was part of the targeted public 3. Disposition. Disposition of a Control Standards in Section IV.E. of housing project that has been legally severely distressed public housing site, this NOFA. vacated or demolished, but for which by sale or lease, in whole or in part, in 10. Community and Supportive HUD has not yet provided replacement accordance with Section 18 of the 1937 Services (CSS). housing assistance (other than tenant- Act and implementing regulations at 24 a. The CSS component of the HOPE based assistance). ‘‘Replacement CFR part 970. A lease of one year or VI program encompasses all activities housing assistance’’ is defined as funds more that is not incident to the normal that are designed to promote upward that have been furnished by HUD to operation of a project is considered a mobility, self-sufficiency, and improved perform major rehabilitation on, or disposition that is subject to Section 18 quality of life for the residents of the reconstruction of, the public housing of the 1937 Act. public housing project involved. units that have been legally vacated or 4. Rehabilitation and Physical b. CSS activities. CSS activities may demolished. Improvement. Rehabilitation and include, but are not limited to: b. A severely distressed project that physical improvement of: (1) Educational activities that promote has been legally vacated or demolished a. Public housing; and learning and serve as the foundation for (but for which HUD has not yet b. Community facilities, provided that young people from infancy through high provided replacement housing the community facilities are primarily school graduation, helping them to assistance, other than tenant-based intended to facilitate the delivery of succeed in academia and the assistance) must have met the definition community and supportive services for professional world. Such activities, of physical distress not later than the residents of the public housing project which include after-school programs, day the demolition application approval and residents of off-site replacement mentoring, and tutoring, must be letter was dated by HUD. housing, in accordance with 24 CFR created with strong partnerships with 5. Targeted Project. The targeted 968.112(b), (d), (e), and (g)-(o) and 24 public and private educational project is the current public housing CFR 968.130 and 968.135(b) and (d) or institutions. project that will be revitalized with successor regulations, as applicable. (2) Adult educational activities, funding from this NOFA. The targeted 5. Development. Development of: including remedial education, literacy project may include more than one a. Public housing replacement units; training, tutoring for completion of public housing project or be a part of a and secondary or postsecondary education, public housing project. See Section b. Other units (e.g., market-rate units), assistance in the attainment of III.C.1. of this NOFA for eligibility of provided a need exists for such units certificates of high school equivalency, multiple public housing projects and and such development is performed and English as a Second Language separability of a part of a public housing with non-public housing funds. courses, as needed. project. 6. Homeownership Activities. (3) Readiness and retention activities, 6. Temporary Relocation. There are Assistance involving the rehabilitation which frequently are key to securing no provisions for ‘‘temporary and development of homeownership private sector commitments to the relocation’’ under the Uniform units. Assistance may include: provision of jobs. Relocation Assistance and Real Property a. Down payment or closing cost (4) Employment training activities Acquisition Policies Act Of 1970 (URA). assistance; that include results-based job training, See Notice CPD 04–2, ‘‘Guidance on the b. Hard or soft second mortgages; or preparation, counseling, development, Application of the Uniform Relocation c. Construction or permanent placement, and follow-up assistance Assistance and Real Property financing for new construction, after job placement.
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(5) Programs that provide entry-level, II. Award Information 3. Troubled Status. If HUD has registered apprenticeships in designated your housing authority as A. Availability of HOPE VI Funds construction, construction-related, troubled pursuant to Section 6(j)(2) of maintenance, or other related activities. 1. Proposed Rescission of Funds. The the 1937 Act, HUD will use documents A registered apprenticeship program is public is hereby notified that although and information available to it to a program that has been registered with this NOFA announces the availability of determine whether you qualify as an either a State Apprenticeship Agency FY 2005 HOPE VI Funds, the FY 2006 eligible applicant. In accordance with recognized by the Department of Labor’s proposed budget includes the rescission Section 24(j) of the 1937 Act, the term (DOL) Office of Apprenticeship of the FY 2005 HOPE VI Appropriation. ‘‘applicant’’ means: Training, Employer and Labor Services Therefore, this NOFA may be cancelled a. Any PHA that is not designated as (OATELS) or, if there is no recognized at a later date and applications made ‘‘troubled’’ pursuant to Section 6(j)(2) of state agency, by OATELS. See also DOL under this NOFA may not be funded. the 1937 Act; regulations at 29 CFR part 29. b. Any PHA for which a private (6) Training on topics such as Funds available housing management agent has been for award in this parenting skills, consumer education, Type of assistance HOPE VI NOFA selected, or a receiver has been family budgeting, and credit (approximate) appointed, pursuant to Section 6(j)(3) of management. the 1937 Act; and (7) Homeownership counseling that is Revitalization Grants ...... $110,000,000 c. Any PHA that is designated as scheduled to begin promptly after grant Housing Choice Voucher ‘‘troubled’’ pursuant to Section 6(j)(2) of award so that, to the maximum extent Assistance ...... 25,000,000 the 1937 Act and that: possible, qualified residents will be Total ...... 135,000,000 (1) Is designated as troubled ready to purchase new homeownership principally for reasons that will not units when they are completed. The 2. Revitalization Grants. affect its capacity to carry out a Family Self-Sufficiency program can Approximately $110 million of the revitalization program; also be used to promote FY2005 HOPE VI appropriation has (2) Is making substantial progress homeownership, providing assistance been allocated to fund HOPE VI toward eliminating the deficiencies of with escrow accounts and counseling. Revitalization grants and will be the agency that resulted in its troubled (8) Coordinating with health care awarded in accordance with this NOFA. status; providers or providing on-site space for There will be approximately six awards. (3) Has not been found to be in non- health clinics, doctors, wellness centers, 3. The maximum amount you may compliance with fair housing or other dentists, etc. that will primarily serve request in your application for grant civil rights requirements; or the public housing residents. HOPE VI award is limited to $20 million or the (4) Is otherwise determined by HUD funds may not be used to provide direct sum of the amounts in Section IV.E.5. to be capable of carrying out a medical care to residents. below, whichever is lower. HCV revitalization program. (9) Substance and alcohol abuse assistance is in addition to this amount. B. Cost Sharing or Matching treatment and counseling. 4. Housing Choice Voucher (10) Activities that address domestic Assistance. Approximately $25 million 1. Match Requirements violence treatment and prevention. of the HOPE VI appropriation will be (11) Child care services that provide a. Revitalization Grant Match. HUD is allocated for Housing Choice Voucher sufficient hours of operation to facilitate required by the 1937 Act (42 U.S.C. (HCV) assistance. HCV assistance will parental access to education and job 1437v(c)(1)(A)) to include the be provided to HOPE VI Revitalization opportunities, serve appropriate age requirement for matching funds for all NOFA awardees. If $25 million is more groups, and stimulate children to learn. HOPE VI-related grants. You are (12) Transportation, as necessary, to than the amount necessary to fund the required to have in place a match in the enable all family members to participate HOPE VI grantee’s HCV needs, the amount of five percent of the requested in available CSS activities and to remaining funds will be used for other grant amount in cash or in-kind commute to their places of employment. eligible activities under Section 24 of donations. Applications that do not (13) Entrepreneurship training and the 1937 Act. demonstrate the minimum 5 percent mentoring, with the goal of establishing 5. Grant term. The period for match will not be considered for resident-owned businesses. completion shall not exceed 54 months funding. 11. Leveraging. Leveraging other from the date the NOFA award is b. Additional Community and resources, including additional housing executed by HUD. Supportive Services (CSS) Match. (1) In resources, supportive services, job III. Eligibility Information accordance with the 1937 Act (42 U.S.C. creation, and other economic 1437v(c)(1)(B)), in addition to the 5 development uses on or near the project A. Eligible Applicants percent revitalization grant match in that will benefit future residents of the 1. PHAs that have severely distressed Section a. above, you may be required site. housing in their inventory and are to have in place a CSS match. Funds 12. General Section Reference. otherwise in conformance with the used for the Revitalization grant match Section I, ‘‘Funding Opportunity threshold requirements provided in cannot be used for the CSS match. Description,’’ of the Notice of HUD’s Section III.C. of this NOFA. See Section (2) If you are selected for funding Fiscal Year 2005 Notice of Funding IV.B.4. of this NOFA for threshold through this NOFA, you may use up to Availability (NOFA) Policy documentation requirements. 15 percent of your grant for CSS Requirements and General Section to 2. Housing Choice Voucher Programs activities. However, if you propose to the Super NOFA for HUD’s Only and Tribal Housing Agencies. use more than 5 percent of your HOPE Discretionary Programs (General PHAs that only administer HCV VI grant for CSS activities, you must Section), Docket No. FR–4950–N–01, programs, e.g., Section 8, HCV, and have in place funds from sources other published in the Federal Register on tribal PHAs and tribally-designated than HOPE VI, that match the amount March 21, 2005, is hereby incorporated housing entities, are not eligible to between 5 and 15 percent of the grant by reference. apply. that you will use for CSS activities.
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c. No HOPE VI Funding in Match. In demonstrate the appropriateness of the IV.B.4.b. of this NOFA for accordance with Section 24(c) of the proposal (revitalization plan) in the documentation requirements. Act, for purposes of calculating the context of the local housing market d. Desegregation Orders. You must be amount of matching funds required by relative to other alternatives. You must in full compliance with any Sections a. and b. above, you may not discuss other possible alternatives in the desegregation or other court order, and include amounts from HOPE VI program local housing market and explain why voluntary compliance agreements funding, including HOPE VI the housing envisioned in the related to Fair Housing (e.g., Title VI of Revitalization, HOPE VI Demolition, application is more appropriate. This is the Civil Rights Act of 1964, the Fair HOPE VI Neighborhood Networks or a statutory requirement and an Housing Act, and Section 504 of the HOPE VI Main Street grants. You may application threshold. If you do not Rehabilitation Act of 1973) that affects include funding from other public demonstrate the appropriateness of the your public housing program and that is housing sources (e.g., Capital Funds), proposal (revitalization plan) in the in effect on the date of application other federal sources, any state or local context of the local housing market submission. If you are not in full government source and any private relative to other alternatives, your compliance with any desegregation or contributions. You may also include the application will not be considered for other court orders, your application will value of donated material or buildings, funding. Examples of alternative be ineligible for funding. the value of any lease on a building, the proposals may include: e. Non-Public Housing Funding for value of the time and services (1) Rebuilding or rehabilitating an Non-Public Housing or Replacement contributed by volunteers, and the value existing project or units at an off-site Units. If the application demonstrates of any other in-kind services or location that is in an isolated, non- that you are planning to use public administrative costs provided. residential, or otherwise inappropriate housing funds, which include HOPE VI d. Firmly and Irrevocably Committed. area; funds, to develop: Retail or commercial (1) Match donations must be firmly (2) Proposing a range of incomes, space; economic development space; or committed. ‘‘Firmly committed’’ means housing types (rental, homeownership, housing units that are not Replacement that the amount of match resources and market-rate, public housing, townhouse, Housing (See Section I.C. of this NOFA), their dedication to HOPE VI detached house, etc.), or costs which your application will not be considered Revitalization activities must be cannot be supported by a market for funding. See Section IV.B.4.c. for explicit, in writing, and signed by a analysis; or documentation requirements regarding (3) Proposing to use the land in a person authorized to make the this threshold. manner that is contrary to the goals of commitment. See Section IV.F. of the f. Open Inspector General Audits. (1) your agency. General Section for instructions on how If you have an open Inspector General (4) See Section IV.B.4.a. of this NOFA to electronically submit third party (IG) audit finding that has not been for documentation requirements. resolved to HUD’s satisfaction before the documents. c. Contiguous, Single, and Scattered- submission date of this NOFA, the (2) Match donations must be Site Projects. Except as provided in application will not be considered for irrevocably committed. See Section sections (1) and (2) below, each funding. VI.B.5.a. of this NOFA. application must target one severely e. Matching funds must be directly (2) HUD’s decision regarding whether distressed public housing project. a charge, lawsuit, or a letter of findings applicable to the revitalization of the (1) Contiguous Projects. Each has been satisfactorily resolved will be targeted project and the transformation application may request funds for more based on whether appropriate actions of the lives of residents. than one project if those projects are have been taken to address the findings. f. The PHA’s staff time is not an immediately adjacent to one another or eligible cash or in-kind match. g. Performance of Existing HOPE VI within a quarter-mile of each other. If Grantees. (1) The application will not be g. See Section IV.B.3 of this NOFA for you include more than one project in match documentation requirements. considered for funding if you have an your application, you must provide a existing HOPE VI Revitalization grant, C. Other map that clearly indicates that the and projects are within a quarter-mile of 1. Thresholds (a) The grant development is each other. If HUD determines that they delinquent due to actions or inactions If you have not met a threshold, or, are not, your application will not be that are not beyond the control of the when required by this NOFA, have not considered for funding. grantee; and included in the application the (2) Scattered Site Projects. Your (b) The grantee is not making complete, correct, required application may request funds to substantial progress toward eliminating documentation that demonstrates the revitalize a scattered site public housing the delinquency. threshold has been met, the application project. The sites targeted in an (2) ‘‘Delinquent’’ means that resident will not be considered for funding. application proposing to revitalize relocation, unit demolition, unit Threshold insufficiency cannot be cured scattered sites (regardless of whether the construction, unit rehabilitation, unit after the application submission date. scattered sites are under multiple occupancy, or unit re-occupancy have See Section IV.B. of this NOFA for project numbers) must fall within an not occurred in accordance with the documentation requirements. area with a one-mile radius. You may grantee’s current Revitalization Plan. a. One application. Each applicant identify a larger site if you can show (3) Reasons that are beyond the may submit only one HOPE VI that all of the targeted scattered site control of the grantee include, but are Revitalization application as described units are located within the hard edges not limited to, the following: in this NOFA. If a single applicant (e.g., major highways, railroad tracks, (a) Litigation; submits more than one application, all lakeshore, etc.) of a neighborhood. If (b) Court Orders; applications will be disqualified and no you propose to revitalize a project that (c) Unforeseen environmental application will be eligible for funding. extends beyond a one-mile radius or is conditions; and b. Appropriateness of Proposal. In otherwise beyond the hard edges of a (d) Emergency and natural disasters. accordance with Section 24(e)(1) of the neighborhood, your application will not (4) HUD will use documents and 1937 Act, each application must be considered for funding. See Section information available to it to determine
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whether the grant is delinquent due to catch basin, or other recognized (a) Have been charged with an on- reasons that are beyond the control of neighborhood distinction. going systemic violation of the Fair the grantee and whether the grantee is (2) Demonstrate that the site plan and Housing Act; or making substantial progress toward building designs of the revitalized (b) Are a defendant in a Fair Housing eliminating the delinquency. portion will provide defensible space Act lawsuit filed by the Department of h. Previously Funded Sites. You may for the occupants of the revitalized Justice alleging an on-going pattern or submit a Revitalization application that building(s) and that the properties that practice of discrimination; or targets part of a project that is being remain will not have a negative (c) Have received a letter of findings revitalized or replaced under an existing influence on the revitalized buildings(s), identifying ongoing systemic HOPE VI Revitalization grant. You may either physically or socially. noncompliance under Title VI of the not apply for new HOPE VI (3) If your application does not Civil Rights Act of 1964, Section 504 of Revitalization funds for units in that demonstrate separability, your the Rehabilitation Act of 1973, or project that were funded by the existing application will not be considered for Section 109 of the Housing and HOPE VI Revitalization grant or other funding. Community Development Act of 1974; HUD funds which are used to achieve k. Severe Distress of Targeted Project. and significant revitalization of units (as The targeted public housing project (d) The charge, lawsuit or letter of opposed to regular upkeep), even if must be severely distressed. See Section findings referenced in subpart (a), (b) or those funds are inadequate to pay the I.C. of this NOFA for the definition of (c) above has not been resolved to costs to revitalize or replace all of the ‘‘severely distressed.’’ If the targeted HUD’s satisfaction before the application deadline, then the targeted units. However, Replacement project is not severely distressed, your application will not be considered for Housing Factor funds will not be application will not be considered for funding. See Section III.C.2.c. of the considered as funds which are used to funding. See Section IV.B.5.a. of this NOFA for documentation requirements. General Section. achieve significant revitalization of o. Requirements and Procedures units. For example, if a project has 700 l. Site Control. (1) If you propose to develop off-site housing in any phase of Applicable to All Programs: units and you were awarded a HOPE VI (1) General Section References. The Revitalization grant or other HUD public your proposed revitalization plan, you MUST provide evidence in your following subsections of Section III.C. of housing funds to address 300 of those the General Section are hereby units, you may submit an FY–2005 application that you (not your developer) have site control of the incorporated by reference: HOPE VI Revitalization application to (a) Dun and Bradstreet Data Universal property(ies). revitalize the remaining 400 units. You Numbering System (DUNS) Number may not apply for funds to supplement (2) Site control may only be contingent upon: Requirement; work on the original 300 units. If you (b) Compliance with Fair Housing and request funds to revitalize units or (a) The receipt of the HOPE VI grant; (b) Satisfactory compliance with the Civil Rights Laws; buildings that have been funded by an (c) Conducting Business In environmental review requirements of existing HOPE VI Revitalization grant or Accordance with Core Values and this NOFA; and other HUD funds, your application will Ethical Standards; (c) The site and neighborhood not be considered for funding. (d) Delinquent Federal Debts; standards in Section III.C.4.n.(1) of this i. Program Schedule. Your application (e) Name Check Review; NOFA. (f) False Statements; must contain a program schedule that (3) If you demonstrate site control provides a feasible plan to meet the (g) Prohibition Against Lobbying through an option to purchase, the Activities; schedule requirements of Section option must extend for at least 180 days VI.B.2. of this NOFA, with no (h) Debarment and Suspension. after the application submission date. (i) Statutory and Regulatory impediments such as litigation that (4) If you propose to develop off-site Requirements; and would prevent timely startup. The housing and you do not provide (j) Ineligible Applicants. program schedule must indicate the acceptable evidence of site control, your (2) Salary Limitation for Consultants. date on which the development ENTIRE application will not be FY–2005 funds may not be used to pay proposal for each phase of the considered for funding. or to provide reimbursement for revitalization plan will be submitted to (5) See Section IV.B.4.e. of this NOFA payment of the salary of a consultant HUD. A development proposal may by for documentation requirements. whether retained by the federal for a mixed-finance development, m. Zoning Approval. (1) If you are government or the grantee at more than homeownership development, etc., will proposing to use off-site parcels of land the daily equivalent of the rate paid for be submitted to HUD. If your for housing development or other uses level IV of the Executive Schedule, application does not contain a program that, until this point in time, have been unless specifically authorized by law. schedule, as described above, the zoned for a purpose different than the 2. Thresholds—Applicant Certifications application will not be considered for one proposed in your revitalization funding. See Section IV.B.4.d. of this plan, your application must include the a. Standard Form 424. By signing and NOFA for documentation requirements. documentation described in Section submitting the Application for Federal j. Separability. In accordance with IV.B.4.f. of this NOFA: Assistance, Standard Form 424, you are Section 24(j)(2)(A)(v) of the 1937 Act, if (2) If zoning approval/certification is certifying to all of the thresholds listed you propose to target only a portion of not properly included in your in this section. A false statement in an a project for revitalization, you must: application, the application will not be application is grounds for denial or (1) Demonstrate to HUD’s satisfaction considered for funding. termination of an award and grounds for that the severely distressed public n. Compliance with Fair Housing and possible punishment as provided in 18 housing is sufficiently separable from Civil Rights Laws. (1) All applicants U.S.C. 1001, 1010, and 1012, and 32 the remainder of the project of which must comply with all applicable fair U.S.C. 3729 and 3802. See Section IV.B. the building is part to make use of the housing and civil rights requirements in of this NOFA for any documentation building feasible for revitalization. 24 CFR 5.105(a), as applicable. requirements related to these Separations may include a road, berm, (2) If you, the applicant: certifications.
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b. Non-Curable Certifications. If you relocation was completed in accordance IV.B.5.g. for documentation have not met a threshold on or before with URA requirements. requirements. the application submission date, or have (c) See Section IV.B.5.d. of this NOFA b. Curable. Omission of any of the not included in the application the for documentation requirements. mandatory documentation listed in this complete, correct, required (3) Resident Involvement in the section is considered a technical documentation that demonstrates the Revitalization Program Certification. deficiency and must be cured threshold has been met, the application You must certify that you have involved (corrected) within the cure period stated will not be considered for funding. For affected public housing residents at the in Section V.B. of the General Section. these thresholds, insufficiency cannot beginning and during the planning Applications that remain deficient after be cured after the application process for the revitalization program, the cure period will not be considered submission date. See Section IV.B. of prior to submission of your application. for funding. See Section IV.B. of this this NOFA for documentation If you have not included affected NOFA for any documentation requirements. residents in the planning process, your requirements related to these (1) Selection of Developer. You must application will not be considered for certifications. certify that: funding. See Section III.C.4. of this (1) Market Assessment Certification (a) You have initiated an RFQ by the NOFA for minimum training and for Market-Rate Housing. If you include application submission date for the meeting requirements and Section market-rate housing, economic competitive procurement of a developer IV.B.5.e. of this NOFA for development, or retail structures in your for your first phase of construction, in documentation requirements. Revitalization Plan, you must provide a accordance with 24 CFR 85.36 and 24 (4) Standard Certifications. The last certification by an independent, third CFR 941.602(d) (as applicable). If you part of your application will be party, credentialed market research change developers after you are selected comprised of standard certifications firm, or professional that describes its for funding, HUD reserves the right to common to many HUD programs. assessment of the demand and rescind the grant; or Required forms must be included in the associated pricing structure for the (b) You will act as your own HOPE VI application and will be proposed residential units, economic developer for the proposed project. If available over the Internet at http:// development or retail structures, based you change your plan and procure an www.hud.gov/offices/adm/grants/ on the market and economic conditions outside developer after you are selected fundsavail.cfm. See Section IV.B.5.i. of of the project area. See Section IV.B.5.a. for funding, HUD reserves the right to this NOFA for documentation of this NOFA for documentation rescind the grant. requirements. requirements. (2) See Section IV.B.5.g. of this NOFA (2) HOPE VI Revitalization Applicant 3. Thresholds—Third-Party for documentation requirements. Certifications. You must include in your Certifications c. Curable Certifications. Omission of, application a certification from the or error in the signature of, any of the The following third-party Chairman of your Board of mandatory documentation (as listed in certifications must be included in your Commissioners to the requirements Section IV.B. of this NOFA) related to application. listed in the HOPE VI Revitalization the items listed below is considered a a. Non-Curable. If you have not Applicant Certifications. See Section Technical Deficiency and must be cured included in the application, on or before IV.B.5.b. of this NOFA for (corrected) within the cure period stated the application submission date, the documentation requirements. in Section V.B. of the General Section. complete, correct, required 4. Program Requirements Applications that remain deficient after documentation that demonstrates the the cure period ends will not be threshold has been met, the application a. Demolition considered for funding. will not be rated or ranked and will be (1) You may not carry out nor permit (1) Operation and Management either ineligible for funding or have its others to carry out the demolition of the Principles and Policies Certification. funding limited, based upon the targeted project or any portion of the You must certify that you will threshold. For these thresholds, project until HUD approves, in writing, implement the Operation and insufficiency regarding these thresholds one of the following ((a)–(c)), and until Management Principles and Policies cannot be cured after the application HUD has also I) approved a Request for stated in Section III.C.4. of this NOFA. submission date. See Section IV.B. of Release of Funds submitted in See Section IV.B.5.c. of this NOFA for this NOFA for any documentation accordance with 24 CFR part 58, or, II) documentation requirements. requirements related to these if HUD performs an environmental (2) Relocation Plan Certification. certifications. review under 24 CFR part 50, approved (a) You must certify that the HOPE VI (1) Cost Control Standards. the property for demolition, in writing, Relocation Plan has been completed Your cost estimates must be certified following its environmental review. and: to meet the cost control standards stated (a) Information regarding demolition (i) That it conforms to the Uniform in Section IV.E. The certification must in your HOPE VI Revitalization Relocation Assistance and Real Property be made by an independent cost Application, along with Supplemental Acquisition Policies Act of 1970 (URA) estimator, architect, engineer, Submissions requested by HUD after the requirements; and contractor, or other qualified third party award of the grant. Section 24(g) of the (ii) That it implements HOPE VI professional. If your costs are not 1937 Act provides that severely relocation goals, as described in Section certified, your application will not be distressed public housing that is V.A.6. of this NOFA. considered for funding. See Section demolished pursuant to a Revitalization (b) If relocation was completed (i.e., IV.B.5.h. of this NOFA for Plan is not required to be approved the targeted public housing site is documentation requirements. through a demolition application under vacant) as of the application submission (2) Severely Distressed Certification. Section 18 of the 1937 Act or date, rather than certifying that the Your application must include a regulations at 24 CFR part 970. If you do HOPE VI Relocation Plan has been certification that the targeted project is not receive a HOPE VI Revitalization completed, you must certify that the severely distressed. See Section grant, the information in your
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application will not be used to process be found at http://www.huduser.org/ (iv) Housing trust funds. a request for demolition; datasets/il/il05/index.html.) (v) Net sales proceeds from a (b) A demolition application under d. Acquisition homeownership project. Down Section 18 of the 1937 Act. While a (1) Acquisition Proposal. Before you payments from homebuyers will not be Section 18 approval is not required for undertake any acquisition activities counted. Down payment assistance may HOPE VI related demolition, you will with HOPE VI or other public housing be counted as a physical development not have to wait for demolition approval funds, you must obtain HUD approval of resource if it is provided by a third party through your supplemental an acquisition proposal that meets the entity not related to the homebuyer. submissions, as described in Section (a) requirements of 24 CFR 941.303. (vi) Funds committed to build private above; or (2) Rental Units. For acquisition of sector housing in direct connection with (c) A Section 202 Mandatory rental units in existing or new the HOPE VI Revitalization plan. Conversion Plan, in compliance with apartment buildings, single family (vii) Tax Increment Funding (TIF). regulations at 24 CFR part 971 and other subdivisions, etc., with or without (viii) Tax Exempt Bonds. Your applicable HUD requirements, if the rehabilitation, for use as public housing application must include a description project is subject to Mandatory replacement units, you must obtain of the use and term. Conversion (Section 202 of the Omnibus HUD approval of a Development (ix) Other Public Housing Funds. Consolidated Rescissions and Proposal in accordance with 24 CFR Other public housing sources include Appropriations Act of 1996 Pub. L. 104– 941.304 (conventional development) or HOPE VI Revitalization funds from 134, approved on April 26, 1996). A 24 CFR 941.606 (mixed finance other grants, HOPE VI Demolition Mandatory Conversion Plan concerns development). funds, Capital Fund program funds, and the removal of a public housing project (3) Land for Off-Site Replacement proposals to use operating subsidy for from a PHA’s inventory. Units. For acquisition of land for public debt service. These HUD public housing b. Development housing or homeownership funds will not be counted for points (1) For any standard (non-mixed development, you must comply with 24 under CSS, Development and Collateral finance) public housing development CFR part 941 or successor part. leverage in this NOFA. However, they activity (whether on-site reconstruction (4) Land for Economic Development- can be used as part of your revitalization or off-site development), you must Related Activities. plan. Other public housing sources, obtain HUD approval of a standard (a) Acquisition of land for this except for HOPE VI Revitalization development proposal submitted under purpose is eligible only if the economic funds, will be counted toward your 24 CFR part 941 (or successor part). development-related activities leverage rating for anticipatory leverage (2) For mixed-finance housing specifically promote the economic self- and may be used toward your match development, you must obtain HUD sufficiency of residents. requirement. approval of a mixed finance proposal, (b) Limited infrastructure and site (x) Other Federal Funds. Other submitted under 24 CFR part 941, improvements associated with Federal sources may include non-public subpart F (or successor part and developing retail, commercial, or office housing funds provided by HUD. subpart). facilities, such as rough grading and (xi) Sale of Land. The value of land (3) For new construction of bringing utilities to (but not on) the site may be included as a development community facilities primarily intended are eligible activities with prior HUD resource only if this value is a sales to facilitate the delivery of community approval. proceed. Absent a sales transaction, the and supportive services for residents of e. Leverage value of land may not be counted. the project and residents of off-site (1) You must actively enlist other (xii) Donations of Land. Donations of replacement housing, you must comply stakeholders who are vested in and can land may be counted as a development with 24 CFR part 941 (or successor provide significant financial assistance resource, only if the donating entity part). Information required for this to your revitalization effort, both for owns the land to be donated. Donating activity must be included in either a physical development and CSS. entities may include a city, county/ standard or mixed finance development (2) Types of Leverage Resources. HUD parish, church, community proposal, as applicable. seeks to fund mixed-finance organization, etc. The application must c. Homeownership developments that use HOPE VI funds include documentation of this (1) For homeownership replacement to leverage the maximum amount of ownership, signed by the appropriate units developed under a Revitalization other funds, particularly from private authorizing official. Plan, you must obtain HUD approval of sources, that will result in revitalized (xiii) Low-Income Housing Tax a homeownership proposal. Your public housing, other types of assisted Credits (LIHTC). Low-Income Tax homeownership proposal must conform and market-rate housing, and private Credits are authorized by Section 42 of to either: retail and economic development. There the IRS Code which allows investors to (a) Section 24(d)(1)(J) of the 1937 Act; are four types of Leverage: receive a credit against federal tax owed or Development, CSS, Anticipatory, and in return for providing funds to (b) Section 32 of the 1937 Act (see 24 Collateral. Development and CSS developers to help build or renovate CFR part 906). Additional information leverage are program requirements and housing that will be rented only to on this option may be found at will be described here. Anticipatory and lower-income households for a www.hud.gov/offices/pih/centers/sac/ Collateral leverage are included only in minimum period of 15 years. There are homeownership. the Leverage rating factor and are two types of credits, both of which are (2) The homeownership proposal described in Section V.A.3. of this available over a 10-year period: a nine must be consistent with the Section 8 NOFA. percent credit on construction/rehab Area Median Income (AMI) limitations (3) Development Leverage. costs, and a four percent credit on (80 percent of AMI) and any other (a) Development resources include: acquisition costs and all development applicable provisions under the 1937 (i) Private mortgage-secured loans and costs financed partially with below- Act. (HUD publishes AMI tables for other debt. market Federal loans (e.g., tax exempt each family size in each locality (ii) Insured loans. bonds). Tax credits are generally annually. The income limit tables can (iii) Donations and contributions. reserved annually through State
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Housing Finance Agencies, a directory to leverage the maximum amount of lead-based paint removal, and related of which can be found at http:// other resources to support CSS activities activities must meet or exceed local www.ncsha.org/ncsha/public/ in order to ensure the successful building codes. You are encouraged to statehfadirectory/index.htm. transformation of the lives of residents read the policy statement and final (b) Sources of Development Leverage. and the sustainability of the revitalized report of the HUD Review of Model Sources of Development Leverage may public housing development. Building Codes that identifies the include: Leveraging HOPE VI CSS funds with variances between the design and (i) Public, private, and nonprofit other funds and services is critical to the construction requirements of the Fair entities, including LIHTC purchasers; sustainability of CSS activities so that Housing Act and several model building (ii) State and local housing finance they will continue after the HOPE VI codes. That report can be found on the agencies; funds have been expended. HUD Web site at http://www.hud.gov/ (iii) Local governments; Commitments of funding or in-kind fhe/modelcodes. (iv) The city’s housing and services related to the provision of CSS (2) Deconstruction. HUD encourages redevelopment agency or other activities may be counted as CSS you to design programs that incorporate comparable agency. HUD will consider resources and toward the calculation of sustainable construction and demolition this to be a separate entity with which CSS leverage. See Section V.A.3. of this practices, such as the dismantling or you are partnering if your PHA is also NOFA. ‘‘deconstruction’’ of public housing a redevelopment agency or otherwise (b) Types of CSS Leverage. units, recycling of demolition debris, has citywide responsibilities. Types of resources include, but are and reusing of salvage materials in new (A) You are strongly urged to seek a not limited to: construction. ‘‘A Guide to pledge of Community Development (i) Materials; Deconstruction’’ can be found at Block Grant (CDBG) funds for (ii) A building; www.hud.gov/deconstr.pdf. improvements to public infrastructure (iii) A lease on a building; (3) Partnership for Advancing such as streets, water mains, etc. related (iv) Other infrastructure; Technology in Housing (PATH). HUD to the revitalization effort. CDBG funds (v) Time and services contributed by encourages you to use PATH are awarded by HUD by formula to units volunteers; technologies in the construction and of general local government and to (vi) Staff salaries and benefits; delivery of replacement housing. PATH states, which may then award a grant or (vii) Supplies; and is a voluntary initiative that seeks to loan to a PHA, a partnership, a (viii) Other types of CSS resources as accelerate the creation and widespread nonprofit organization, or other entity described in Section III.C.4.l. of this use of advanced technologies to for revitalization activities, including NOFA. radically improve the quality, loans to a project’s for-profit (c) TANF cash benefits themselves durability, environmental performance, partnership. More information about the will not be counted as leverage. energy efficiency, and affordability of (d) ONLY funds and in-kind services CDBG Program can be found at http:// our Nation’s housing. www.hud.gov/offices/cpd/index.cfm. that will be newly generated for HOPE (a) PATH’s goal is to achieve dramatic (B) The city, county/parish, or state VI activities in this NOFA are improvement in the quality of American may provide HOME funds to be used in considered CSS leverage. housing by the year 2010. PATH conjunction with HOPE VI funds. The (5) Sources of CSS Leverage. In order encourages leaders from the home Home Investment Partnership program to achieve quantifiable self-sufficiency building, product manufacturing, provides housing funds that are results, you must form partnerships insurance and financial industries, and distributed from HUD to units of general with organizations that are skilled in the representatives from federal agencies local governments and states. Funds delivery of services to residents of dealing with housing issues to work may be used for new construction, public housing and that can provide together to spur housing design and rehabilitation, acquisition of standard commitments of resources to support construction innovations. PATH will housing, assistance to homebuyers, and those services. You must actively enlist provide technical support in design and tenant-based rental assistance. Current as partners other stakeholders who are cost analysis of advanced technologies legislation allows HOME funds to be vested in and can provide commitments to be incorporated in project used in conjunction with HOPE VI of funds and in-kind services for the construction. funds, but they may not be used in CSS portion of your revitalization effort. (b) Applicants are encouraged to conjunction with public housing capital See Section III.C.4.m. for a list of the employ PATH technologies to exceed funds under Section 9(d) of the 1937 kinds of organizations, agencies, and prevailing national building practices Act. Information about the HOME other providers that may be used as by: program can be found at: http:// sources of CSS leverage. (i) Reducing costs; www.hud.gov/offices/cpd/ f. Access to Services (ii) Improving durability; affordablehousing/programs/home/ For both on-site and any off-site units, (iii) Increasing energy efficiency; index.cfm. your overall Revitalization Plan must (iv) Improving disaster resistance; and (v) Foundations; result in increased access to municipal (v) Reducing environmental impact. (vi) Government Sponsored services, jobs, mentoring opportunities, (c) More information, the list of Enterprises such as the Federal Home transportation, and educational technologies, the latest PATH Loan Bank, Fannie Mae, and Freddie facilities; i.e., the physical plan and self- Newsletter, results from field Mac; sufficiency strategy must be well- demonstrations, and PATH projects can (vii) HUD and other Federal agencies; integrated and strong linkages must be be found at www.pathnet.org. (viii) Financial institutions, banks, or established with the appropriate federal, (4) Energy Efficiency. insurers; and state, and local agencies, nonprofit (a) New construction must comply (ix) Other private funders. organizations, and the private sector to with the latest HUD-adopted Model (4) Community and Supportive achieve such access. Energy Code issued by the Council of Services Leverage. g. Building Standards American Building Officials. (a) HUD seeks to fund mixed-finance (1) Building Codes. All activities that (b) HUD encourages you to set higher developments that use HOPE VI funds include construction, rehabilitation, standards for energy and water
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efficiency in HOPE VI new construction, (6) Energy Star. HUD has adopted a rates set by the Secretary of Labor that which can achieve utility savings of 30 wide-ranging energy action plan for all laborers and mechanics employed in to 50 percent with minimal extra cost. improving energy efficiency in all the development, including (c) You are encouraged to negotiate program areas. As a first step in rehabilitation, of a public housing with your local utility company to implementing the energy plan, HUD, the project must be paid, as set forth in a obtain a lower rate. Utility rates and tax Environmental Protection Agency wage determination that the PHA must laws vary widely throughout the (EPA), and the Department of Energy obtain prior to bidding on each country. In some areas, PHAs are (DoE) have signed a joint partnership to construction contract. The wage exempt or partially exempt from utility promote energy efficiency in HUD’s determination and provisions requiring rate taxes. Some PHAs have paid affordable housing efforts and programs. payment of these wage rates must be unnecessarily high utility rates because The purpose of the Energy Star included in the construction contract; they were billed at an incorrect rate partnership is to promote energy (b) HUD-determined wage rates apply classification. efficiency of the affordable housing to: (d) Local utility companies may be stock, but also to help protect the (i) Operation (including nonroutine able to provide grant funds to assist in environment. Applicants constructing, maintenance) of revitalized housing, energy efficiency activities. States may rehabilitating, or maintaining housing or and also have programs that will assist in community facilities are encouraged to (ii) Demolition followed only by energy efficient building techniques. promote energy efficiency in design and filling in the site and establishing a (e) You must use new technologies operations. They are urged especially to lawn. that will conserve energy and decrease purchase and use Energy Star-labeled (2) Exclusions. Under Section 12(b) of operating costs where cost effective. products. Applicants providing housing the 1937 Act, wage rate requirements do Examples of such technologies include: assistance or counseling services are not apply to individuals who: (i) Geothermal heating and cooling; encouraged to promote Energy Star (a) Perform services for which they (ii) Placement of buildings and size of building by homebuyers and renters. volunteered; (b) Do not receive compensation for eaves that take advantage of the Program activities can include those services or are paid expenses, directions of the sun throughout the developing Energy Star promotional and reasonable benefits, or a nominal fee for year; information materials, outreach to low- the services; and (iii) Photovoltaics (technologies that and moderate-income renters and (c) Are not otherwise employed in the convert light into electrical power); buyers on the benefits and savings when work involved (24 CFR part 70). (iv) Extra insulation; using Energy Star products and appliances, and promoting the (3) If other federal programs are used (v) Smart windows; and designation of community buildings and in connection with your HOPE VI (vi) Energy Star appliances. homes as Energy Star compliant. For activities, labor standards requirements (5) Universal Design. HUD encourages further information about Energy Star, apply to the extent required by the other you to incorporate the principles of see http://www.energystar.gov or call federal programs on portions of the universal design in the construction or 888–STAR–YES (888–782–7937), or for project that are not subject to Davis- rehabilitation of housing, retail the hearing-impaired, call 888–588– Bacon rates under the 1937 Act. establishments, and community 9920 TTY. See also the energy i. Operation and Management facilities, or when communicating with efficiency requirements in Section Principles and Policies community residents at public meetings III.C.4.g.(4) above. See Section V.9.f. of (1) You and your procured property or events. Universal design is the design this NOFA for the Energy Star Rating manager, if applicable, must comply (to of products and environments to be Factor. the extent required) with the provisions usable by all people, to the greatest (7) Lead-Based Paint. You must of 24 CFR part 966 in planning for the extent possible, without the need for comply with lead-based paint implementation of the operation and adaptation or specialized design. The evaluation and reduction requirements management principles and policies intent of universal design is to simplify as provided for under the Lead-Based described below. life for everyone by making products, Paint Poisoning Prevention Act (42 (a) Rewarding work and promoting communications, and the built U.S.C. 4821, et seq.). You also must family stability by promoting positive environment more usable by as many comply with regulations at 24 CFR part incentives such as income disregards people as possible at little or no extra 35, 24 CFR 965.701, and 24 CFR and ceiling rents; cost. Universal design benefits people of 968.110(k), as they may be amended or (b) Instituting a system of local all ages and abilities. Examples include revised from time to time. Unless preferences adopted in response to local designing wider doorways, installing otherwise provided, you will be housing needs and priorities, e.g., levers instead of doorknobs, and putting responsible for lead-based paint preferences for victims of domestic bathtub/shower grab bars in all units. evaluation and reduction activities. The violence, residency preferences, and Computers and telephones can also be National Lead Information Hotline is disaster victims. Note that local set up in ways that enable as many 800–424–5323. preferences for public housing must residents as possible to use them. The h. Labor Standards comply with Fair Housing requirements Department has a publication that The following standards must be at 24 CFR 960.206; contains a number of ideas about how implemented as appropriate in regard to (c) Encouraging self-sufficiency by the principles of Universal Design can HOPE VI grants. including lease requirements that benefit persons with disabilities. To (1) Labor Standards. promote involvement in the resident order a copy of Strategies for Providing (a) Davis-Bacon wage rates apply to association, performance of community Accessibility and Visitability for HOPE development of any public housing service, participation in self-sufficiency VI and Mixed Finance Homeownership, rental units or homeownership units activities, and transitioning from public go to the publications and resource page developed with HOPE VI grant funds housing; of the HOPE VI Web site at http:// and to demolition followed by (d) Implementing site-based waiting www.huduser.org/publications/pubasst/ construction on the site. Davis-Bacon lists that follow project-based strategies.html. rates are ‘‘prevailing’’ minimum wage management principles for the
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redeveloped public housing. Note that private service providers, financing (5) Allowable Time Period for site-based waiting lists for public agencies, and developers in the Training and Meetings. housing must comply with Fair Housing planning process, proposed (a) At least one public meeting, which requirements at 24 CFR 903.7(b)(2); implementation, and management of included representation from both the (e) Instituting strict applicant your Revitalization Plan. This involved public housing residents and screening requirements such as credit involvement must be continuous from the community, must have been held at checks, references, home visits, and the beginning of the planning process the beginning of the revitalization criminal records checks; through the implementation and planning period; (f) Strictly enforcing lease and management of the grant, if awarded. (b) At least one training session must eviction provisions; (2) Resident Training Session. You have been held after the publication (g) Improving the safety and security must conduct at least one training date of this NOFA in the Federal of residents through the implementation session for residents of the severely Register; and of defensible space principles and the distressed project on the HOPE VI (c) The minimum of two more public installation of physical security systems development process. HUD does not meetings must have been held after the such as surveillance equipment, control prescribe the content of this meeting. publication date of this NOFA in the engineering systems, etc; (3) Public Meetings. Federal Register. (h) Enhancing ongoing efforts to (a) You must conduct at least three (d) The above minimum number of eliminate drugs and crime from public meetings with residents and the trainings and meetings are required to neighborhoods through collaborative broader community, in order to involve meet the Resident Involvement efforts with federal, state, and local them in a meaningful way in the process threshold in Section III.C. of this NOFA. crime prevention programs and entities of developing the Revitalization Plan Additional meetings and trainings will such as: and preparing the application. One of be counted toward demonstration of (i) Local law enforcement agencies; these meetings must have taken place at continual inclusion of the residents and (ii) Your local United States Attorney; the beginning of the planning process. community in the rating factors. (iii) The Weed and Seed Program, if (b) These three public meetings must l. CSS Program Requirements the targeted project is located in a take place on different days from each (1) Term Period. CSS programs and designated Weed and Seed area. other and from the resident training services must last for the life of the grant Operation Weed and Seed is a multi- session. and must be carefully planned so that agency strategy that ‘‘weeds out’’ violent (c) During the course of the three they will be sustainable after the HOPE crime, gang activity, drug use, and drug meetings, you must address the issues VI grant period ends. trafficking in targeted neighborhoods listed below (i.e., all issues need not be (2) Allowed Funding Mechanisms: and then ‘‘seeds’’ the target area by addressed at each meeting): (a) Maximum CSS grant amount. restoring these neighborhoods through (i) The HOPE VI planning and Consistent with Sections 24(d)(1)(L) and social and economic revitalization. Law implementation process; 24(j)(3) of the 1937 Act, you may use up enforcement activities constitute the (ii) The proposed physical plan, to 15 percent of the total HOPE VI grant ‘‘weed’’ portion of the program. including site and unit design, and to pay the costs of CSS activities. See Revitalization, which includes whether the unit design is in Section III.B.1. of this NOFA for CSS prevention, intervention, and treatment compliance with Fair Housing Act and grant matching requirements. You may services as well as neighborhood Uniform Federal Accessibility spend additional sums on CSS activities restoration, constitutes the ‘‘seed’’ Standards (UFAS) standards; using donations, other HUD funds made element. For more information, see the (iii) The extent of proposed available for that purpose, other Federal, Community and Safety and demolition; state, local, PHA, or private-sector Conservation Web site at http:// (iv) Planned community and donations (leverage). www.hud.gov/offices/pih/divisions/ supportive service activities; (b) CSS Endowment Trust. Consistent cscd/. (v) Other proposed revitalization with Section 24(d)(2) of the 1937 Act, j. Non-Fungibility for Moving To activities; you may deposit up to 15 percent of Work (MTW) PHAs (vi) Relocation issues, including your HOPE VI grant (the maximum Funds awarded under this NOFA are relocation planning, mobility amount of the award allowable for CSS not fungible under MTW agreements counseling, and maintaining the HOPE activities) into an endowment trust to and must be accounted for separately, in VI community planning process during provide CSS activities. In order to accordance with the HOPE VI the demolition and reconstruction establish an endowment trust, you must Revitalization Grant Agreement, the phases where temporary relocation, i.e., first execute with HUD a HOPE VI requirements in OMB Circulars A–87, relocation for a reasonable period (less Endowment Trust Addendum to the ‘‘Cost Principles Applicable to Grants, than one year), is involved; grant agreement. When reviewing your Contracts and Other Agreements with (vii) Reoccupancy plans and policies, request to set up an endowment trust, State and Local Governments,’’ A–133, including site-based waiting lists; and HUD will take into consideration your ‘‘Audits of States, Local Governments, (viii) Section 3 and employment ability to pay for current CSS activities and Non-Profit Organizations’’ and the opportunities to be created as a result of with HOPE VI or other funds and the regulations 24 CFR part 85, redevelopment activities. projected long-term sustainability of the ‘‘Administrative Requirements for (4) Accessibility. All training sessions endowment trust to carry out those Grants and Cooperative Agreements to and meetings must be held in facilities activities. State, Local, and Federally Recognized that are accessible to persons with (3) CSS Team and Partners. Indian Tribal Governments,’’ and disabilities, provide services such as (a) The term ‘‘CSS Team’’ refers to GAAP. day care, transportation, and sign PHA staff members and any consultants k. Resident and Community language interpreters as appropriate, who will have the responsibility to Involvement and as practical and applicable, be design, implement, and manage your (1) General. You are required to conducted in English and the CSS program. involve the affected public housing language(s) most appropriate for the (b) The term ‘‘CSS Partners’’ refers to residents, state and local governments, community. the agencies and organizations that you
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will work with to provide supportive other affordable housing programs and educational institutions, and state and services for residents. A partner could to market housing. Family Self- local programs. be a local service organization such as Sufficiency (FSS) and CSS activities that (iii) CSS activities must be well- a Boys or Girls Club that donates its are designed to increase education and integrated with the physical building and staff to the program, or an income levels are considered a part of development process, both in terms of agency such as the local Temporary this endeavor, as is the establishment of timing and the provision of facilities to Assistance for Needy Families (TANF) reasonable limits on the length of time house on-site service and educational agency that works with you to ensure any household that is not headed by an activities. that their services are coordinated and elderly or disabled person can reside in (f) Your CSS program must provide comprehensive. a public housing unit within a HOPE VI appropriate community and supportive (c) Partner Agreements. There are Revitalization Development. services to residents prior to any several relationships that you may have (b) Neighborhood Networks. All relocation with your partners: FY2005 Revitalization grantees will be m. CSS Partnerships and Resources (i) Subgrant Agreements. You may required to establish Neighborhood The following are the kinds of enter into subgrant agreements with Networks Centers (NNC) and to promote organizations and agencies that can nonprofit organizations or state or local the inclusion of infrastructure that provide you with resources necessary to governments for the performance of CSS permits unit-based access to broadband carry out and sustain your CSS activities in accordance with your internet connectivity in all new and activities. approved CSS work plan. replacement public housing units. This (1) Local Boards of Education, public (ii) Contracts. You may enter into a program provides residents with on-site libraries, local community colleges, contract with for-profit businesses, access to computer and training institutions of higher learning, nonprofit nonprofit organizations, or state or local resources that create knowledge and or for-profit educational institutions, governments for the performance of CSS experience with computers and the and public/private mentoring programs activities in accordance with your Internet as tools to increase access to that will lead to new or improved approved CSS work plan. CSS, job training, and the job market. educational facilities and improved (iii) Memoranda of Understanding Grantees may use HOPE VI funds to educational achievement of young (MOU). You may enter into an MOU establish NNCs and to provide unit- people in the revitalized development, with any entity that furnishes CSS based Internet connectivity. More from birth through higher education. services for the performance of activities information on the requirements of the (2) TANF agencies/welfare in accordance with your approved CSS NNC program is available on the departments for TANF and non-TANF work plan. However, if money is to Neighborhood Networks Web site at in-kind services, and non-TANF cash change hands, the MOU must be http://www.hud.gov/nnw/ donations, e.g., donation of TANF formalized with a contract or subgrant. nnwindex.html. There will not be a agency staff. (iv) Informal Relationships. You may separate FY–2005 funded NOFA for (3) Job development organizations accept assistance from partners without HOPE VI Neighborhood Networks that link private sector or nonprofit prior documentation of your partner programs. employers with low-income prospective relationship. However, informal (c) Quantifiable Goals. The objectives employees. relationships do not lend themselves to of your CSS program must be results- (4) Workforce Development Agencies. planning and should definitely be oriented, with quantifiable goals and (5) Organizations that provide formalized and memorialized with a outcomes that can be used to measure residents with job readiness and binding contract or subgrant if money progress and make changes in activities retention training and support. changes hands. as necessary. (6) Economic development agencies (4) Tracking and Case Management. If (d) Appropriate Scale and Type. such as the Small Business selected, the grantee is responsible for (i) CSS activities must be of an Administration, which provide tracking and providing CSS programs appropriate scale, type, and variety to entrepreneurial training and small and services to residents currently meet the needs of all residents business development centers. living on the targeted public housing (including adults, seniors, youth ages 16 (7) National corporations, local site and residents already relocated from to 21, and children) of the severely businesses, and other large institutions the site. It is imperative that case distressed project, including residents such as hospitals that can commit to management services begin immediately remaining on-site, residents who will provide entry-level jobs. Employers may upon award so that residents who will relocate permanently to other PHA units agree to train residents or commit to be relocated have time to participate in or Housing Choice Voucher-assisted hire residents after they complete jobs and benefit from CSS activities before housing, residents who will relocate preparedness or training programs that leaving the site, and that residents who temporarily during the construction are provided by you, other partners, or have already been relocated are able to phase, and new residents of the the employer itself. participate in and benefit from CSS revitalized units. (8) Programs that integrate activities. (ii) Non-public housing residents may employment training, education, and (5) CSS Strategy and Objectives also participate in CSS activities, as long counseling, and where creative Requirements as the primary participants in the partnerships with local boards of (a) Transition to Housing Self- activities are residents as described in education, state charter schools, TANF Sufficiency. One of HUD’s major Section (i) above. agencies, foundations, and private priorities is to assist public housing (e) Coordination. funding sources have been or could be residents in their efforts to become (i) CSS activities must be consistent established, such as: financially self-sufficient and less with state and local welfare reform (a) Youthbuild. HUD’s Youthbuild dependent upon direct government requirements and goals. program provides grants to housing assistance. Your CSS program (ii) Your CSS activities must be organizations that provide education must include a well-defined, coordinated with the efforts of other and job training to young adults ages 16 measurable endeavor that will enable service providers in your locality, to 24 who have dropped out of school. public housing residents to transition to including nonprofit organizations, Participants spend half their time
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rehabilitating low-income housing and used, and has placed a high priority on with disabilities, can freely decide the the other half in educational programs. expanding opportunities for grassroots type of neighborhood where they wish Youthbuild provides a vehicle for organizations to participate in to reside, that minority neighborhoods achieving compliance with the objective developing solutions for their own are no longer deprived of essential of Section 3, as described in Section neighborhoods. See HUD’s Center for public and private resources, and that III.C.4.c. of the General Section. More Faith-Based and Community Initiatives stable, racially-mixed neighborhoods are information on HUD’s Youthbuild Web site at http://www.hud.gov/offices/ available as a meaningful choice for all. program can be found at http:// fbci/index.cfm. To make full and free housing choice a www.hud.gov/progdesc/youthb.cfm. (a) HUD will consider an organization reality, sites for HUD-assisted housing (b) Step-Up, an apprenticeship-based a ‘‘grassroots’’ organization if it is investment should be selected so as to employment and training program that headquartered in the local community advance two complementary goals: provides career potential for low- to which it provides services; and (i) Expand assisted housing income persons by enabling them to (i) Has an annual social services opportunities in non-minority work on construction projects that have budget of no more than $300,000. This neighborhoods, opening up choices certain prevailing wage requirements. cap includes only the portion of the throughout the metropolitan area for all Step-Up encourages work by offering organization’s budget allocated to assisted households; and apprenticeships through which low- providing social services. It does not (ii) Reinvest in minority income participants earn wages while include other portions of the budget neighborhoods, improving the quality learning skills on the job, supplemented such as salaries and expenses; or and affordability of housing there to by classroom-related instruction. Step- (ii) Has six or fewer full-time represent a real choice for assisted Up can also contribute to a PHA’s effort equivalent employees. households. to meet the requirements of Section 3. (b) Local affiliates of national (c) Compliance with Fair Housing More information can be found at http:/ organizations are not considered Act, Title VI of the Civil Rights Act of /www.hud.gov/progdesc/stepup.cfm. ‘‘grassroots.’’ 1964, and Section 504 of the (9) Sources of capital such as n. Fair Housing and Equal Rehabilitation Act of 1973. You must foundations, banks, credit unions, and Opportunity Requirements comply with the Fair Housing Act, Title charitable, fraternal, and business (1) Site and Neighborhood Standards VI of the Civil Rights Act of 1964, organizations. for Replacement Housing. You must Section 504 of the Rehabilitation Act of (10) Nonprofit organizations such as comply with the Fair Housing Act and 1973, and implementing regulations in the Girl Scouts and the Urban League, Title VI of the Civil Rights Act of 1964, determining the location of any each of which has a Memorandum of and regulations thereunder. In replacement housing. Agreement (MOA) with HUD. Copies of determining the location of any (d) Grantee Election of Requirements. these MOAs can be found on the replacement housing, you must comply You may, at your election, separately Community and Supportive Services with either the site and neighborhood with regard to each site you propose, page of the HOPE VI Web site at http:/ standards regulations at 24 CFR 941.202 comply with the development /www.hud.gov/hopevi. (b)–(d) or with the standards outlined in regulations regarding Site and (11) Civil rights and fair housing this NOFA. Because the objective of the Neighborhood Standards (24 CFR organizations. HOPE VI program is to alleviate 941.202 (b)–(d)), or with the Site and (12) Local area agencies on aging. distressed conditions at the Neighborhood Standards contained in (13) Local agencies and organizations development and in the surrounding this Section. serving persons with disabilities. neighborhood, replacement housing (e) Replacement housing located on (14) Nonprofit organizations such as under HOPE VI that is located on the site or in the surrounding neighborhood. grassroots faith-based and other site of the existing development or in its Replacement housing under HOPE VI community-based organizations. HUD surrounding neighborhood will not that is located on the site of the existing encourages you to partner or subgrant require independent approval by HUD project or in its surrounding with nonprofit organizations, including under Site and Neighborhood neighborhood will not require grassroots faith-based and other Standards. The term ‘‘surrounding independent approval under Site and community-based organizations, to neighborhood’’ means the neighborhood Neighborhood Standards, since HUD provide CSS activities. Such within a three-mile radius of the site of will consider the scope and impact of organizations have a strong history of the existing development. the proposed revitalization to alleviate providing vital community services (a) HOPE VI Goals Related to Site and severely distressed conditions at the such as job training, childcare, Neighborhood Standards. You are public housing project and its relocation supportive services, youth expected to ensure that your surrounding neighborhood in assessing programs, technology training, revitalization plan will expand assisted the application to be funded under this transportation, substance abuse housing opportunities outside low- NOFA. programs, crime prevention, health income areas and areas of minority (f) Off-Site Replacement Housing services, assistance to the homeless and concentration and will accomplish Located Outside of the Surrounding homelessness prevention, counseling substantial revitalization in the project Neighborhood. Unless you demonstrate individuals and families on fair housing and its surrounding neighborhood. You that there are already significant rights, providing elderly housing are also expected to ensure that eligible opportunities in the metropolitan area opportunities, and homeownership and households of all races and ethnic for assisted households to choose non- rental housing opportunities in the groups will have equal and meaningful minority neighborhoods (or these neighborhood of their choice. HUD access to the housing. opportunities are under development), believes that grassroots organizations, (b) Objectives in Selecting HUD- HOPE VI replacement housing not e.g., civic organizations, faith- Assisted Sites. The fundamental goal of covered by Section (e) above may not be communities, national and local self- HUD’s fair housing policy is to make located in an area of minority help homeownership organizations, full and free housing choice a reality. concentration (as defined in paragraph faith-based, and other community-based Housing choice requires that (g) below) without the prior approval of organizations should be more effectively households of all races and ethnicity, or HUD. Such approval may be granted if
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you demonstrate to the satisfaction of http://www.hud.gov/groups/ (i) Relocation or temporary relocation HUD that: fairhousing.cfm. carried out as a result of rehabilitation (i) You have made determined and (b) Specific Fair Housing under an approved Revitalization plan good faith efforts, and found it requirements are: is subject to the Uniform Relocation impossible with the resources available, (i) The Fair Housing Act (42 U.S.C. Assistance and Real Property to acquire an appropriate site(s) in an 3601–19) and regulations at 24 CFR part Acquisition Policies Act of 1970 (URA), area not of minority concentration; or 100. the URA regulations at 49 CFR part 24, (ii) The replacement housing, taking (ii) The prohibitions against and regulations at 24 CFR 968.108 or into consideration both the CSS discrimination on the basis of disability, successor part. activities or other revitalizing activities including requirements that multifamily (ii) Relocation carried out as a result included in the Revitalization plan, and housing projects comply with the of acquisition under an approved any other revitalization activities in Uniform Federal Accessibility Revitalization plan is subject to the URA operation or firmly planned, will Standards, and that you make and regulations at 24 CFR 941.207 or contribute to the stabilization or reasonable accommodations to successor part. improvement of the neighborhood in individuals with disabilities under (iii) Relocation carried out as a result which it is located, by addressing any Section 504 of the Rehabilitation Act of of disposition under an approved serious deficiencies in services, safety, 1973 (29 U.S.C. 794) and regulations at Revitalization plan is subject to Section economic opportunity, educational 24 CFR part 8. 18 of the 1937 Act, as amended. (iv) Relocation carried out as a result opportunity, and housing stock. (iii) Title II of the Americans with of demolition under an approved (g) Area of Minority Concentration. Disabilities Act (42 U.S.C 12101 et seq.) Revitalization plan is subject to the URA The term ‘‘area of minority and its implementing regulations at 28 regulations at 24 CFR part 24. concentration’’ is any neighborhood in CFR part 35. (b) You must provide suitable, which: (iv) The Architectural Barriers Act of accessible, decent, safe, and sanitary (i) The percentage of households in a 1968 (42 U.S.C. 4151) and the housing for each family required to particular racial or ethnic minority regulations at 24 CFR part 40. relocate as a result of revitalization group is at least 20 percentage points (c) Accessible Technology. The activities under your Revitalization higher than the percentage of that Rehabilitation Act Amendments of 1998 plan. Any person (including minority group for the housing market apply to all electronic information individuals, partnerships, corporations, area; i.e., the Metropolitan Statistical technology (EIT) used by a grantee for or associations) who moves from real Area (MSA) in which the proposed transmitting, receiving, using, or storing property or moves personal property housing is to be located; information to carry out the from real property directly (1) because (ii) The neighborhood’s total responsibilities of any federal grant of a written notice to acquire real percentage of minority persons is at awarded. It includes, but is not limited property in whole or in part, or (2) least 20 percentage points higher than to, computers (hardware, software, word because of the acquisition of the real the total percentage of all minorities for processing, e-mail, and Web pages) property, in whole or in part, for a HUD- the MSA as a whole; or facsimile machines, copiers, and assisted activity, is covered by federal (iii) In the case of a metropolitan area, telephones. When developing, relocation statute and regulations. the neighborhood’s total percentage of procuring, maintaining, or using EIT, Specifically, this type of move is minority persons exceeds 50 percent of grantees must ensure that the EIT covered by the acquisition policies and its population. allows: procedures and the relocation (2) Housing and Services for Persons (i) Employees with disabilities to have requirements of the URA, and the with Disabilities. access to and use information and data implementing government-wide (a) Accessibility Requirements. HOPE that is comparable to the access and use regulation at 49 CFR part 24, and Notice VI developments are subject to the of data by employees who do not have CPD 04–02, ‘‘Revision to Notice CPD accessibility requirements contained in disabilities; and 02–8, Guidance on the Application of several federal laws. All applicable laws (ii) Members of the public with the Uniform Relocation Assistance and must be read together and followed. PIH disabilities seeking information or Real Property Acquisition Policies Act Notice 2003–31, available at http:// service from a grantee must have access of 1970 (URA), as Amended, in HOPE www.hud.gov/offices/pih/publications/ to and use of information and data that VI Projects’’. The relocation notices/, and subsequent updates, is comparable to the access and use of requirements of the URA and the provides an overview of all pertinent data by members of the public who do government-wide regulations, as well as laws and implementing regulations not have disabilities. If these standards CPD Notice 02–08, cover any person pertaining to HOPE VI. All HOPE VI impose an undue burden on a grantee, who moves permanently from real multifamily housing projects, whether they may provide an alternative means property or moves personal property they involve new construction and to allow the individual to use the from real property directly because of rehabilitation, are subject to the Section information and data. No grantee will be acquisition, rehabilitation, or 504 accessibility requirements described required to provide information services demolition for an activity undertaken in 24 CFR Part 8. See in particular, 24 to a person with disabilities at any with HUD assistance. CFR §§ 8.20–8.24. In addition, under the location other than the location at (2) Relocation Plan. Each applicant Fair Housing Act, all new construction which the information services are must complete a HOPE VI Relocation of covered multifamily buildings must generally provided. plan in accordance with the contain certain features of accessible o. Relocation Requirements requirements stated in Section IV.B. of and adaptable design. Units covered are (1) Requirements. this NOFA. all those in elevator buildings with four (a) You must carry out relocation (a) The HOPE VI Relocation plan is or more units and all ground floor units activities in compliance with a intended to ensure that PHAs adhere to in buildings without elevators. The relocation plan that conforms to the the URA and that all residents who have relevant accessibility requirements are following statutory and regulatory been or will be temporarily or provided in HUD’s FHEO Web site at requirements, as applicable: permanently relocated from the site are
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provided with CSS activities such as blend into the broader community and conduct the review or may itself mobility counseling and direct appeal to the market segments for which conduct the environmental review in assistance in locating housing. Your they are intended. Housing, community accordance with the provisions of 24 HOPE VI Relocation plan must serve to facilities, and economic development CFR part 50. You must provide any minimize permanent displacement of space must be well integrated. You must documentation to the responsible entity current residents of the public housing select members of your team who have (or HUD, where applicable) that is site who wish to remain in or return to the ability to meet these requirements. needed to perform the environmental the revitalized community. Your HOPE r. Internet Access review. VI Relocation plan must also furnish You must have access to the Internet c. Phase I and Phase II Environmental alternative permanent housing for and provide HUD with email addresses Site Assessments. If you are selected for current residents of the public housing of key staff and contact people. funding, you must have a Phase I site who do not wish to remain in or 5. Number of Units environmental site assessment return to the revitalized community. The number of units that you plan to completed in accordance with the Your CSS program must provide for the develop should reflect your need for ASTM Standards E 1527–00, as delivery of community and supportive replacement units, the need for other amended, for each affected site. A Phase services to residents prior to any affordable units and the market demand I assessment is required whether the relocation, temporary or permanent. for market units, along with financial environmental review is completed (b) You are encouraged to involve feasibility. The total number of units to under 24 CFR part 50 or 24 CFR part 58. HUD-approved housing counseling be developed may be less than, or more The results of the Phase I assessment agencies, including faith-based, than, the original number of public must be included in the documents that nonprofit and other organizations, and housing units in the targeted public must be provided to the responsible individuals in the community to which housing project. HUD will review entity (or HUD) for the environmental relocatees choose to move, in order to requests to revitalize projects with small review. If the Phase I assessment ease the transition and minimize the numbers of units on an equal basis with recognizes environmental concerns or if impact on the neighborhood. HUD will those with large numbers of units. the results are inconclusive, a Phase II view favorably innovative programs 6. Environmental Requirements environmental site assessment will be such as community mentors, support required. a. HUD Approval. HUD notification groups, and the like. d. Request for Release of Funds. You, (c) If applicable, you are encouraged that you have been selected to receive and any participant in the development to work with surrounding jurisdictions a HOPE VI grant constitutes only process, may not undertake any actions to assure a smooth transition if residents preliminary approval. Grant funds may with respect to the project that are choose to move from your jurisdiction not be released under this NOFA choice-limiting or could have to the surrounding area. (except for activities that are excluded environmentally adverse effects, p. Well-Functioning Communities from environmental review under 24 including demolishing, acquiring, See Section V.A.8. of this NOFA for CFR part 58 or 50) until the responsible rehabilitating, converting, leasing, requirements that the unit mix of on- entity, as defined in 24 CFR 58.2(a)(7), repairing, or constructing property site, off-site and homeownership units completes an environmental review and proposed to be assisted under this create a well-functioning community. you submit and obtain HUD approval of NOFA, and you, and any participant in q. Soundness of Approach: Design a request for release of funds and the the development process, may not HUD is seeking excellence in design. responsible entity’s environmental commit or expend HUD or local funds You must carefully select your certification in accordance with 24 CFR for these activities, until HUD has architects and planners, and enlist local part 58 (or HUD has completed an approved a Request for Release of Funds affiliates of national architectural and environmental review under 24 CFR following a responsible entity’s planning organizations such as the part 50 where HUD has determined to environmental review under 24 CFR American Institute of Architects, the do the environmental review). part 58, or until HUD has completed an American Society of Landscape b. Responsibility. If you are selected environmental review and given Architects, the American Planning for funding and an environmental approval for the action under 24 CFR Association, the Congress for the New review has not been conducted on the part 50. In addition, you must carry out Urbanism, and the department of targeted site, the responsible entity must any mitigating/remedial measures architecture at a local college or assume the environmental review required by the responsible entity (or university to assist you in assessing responsibilities for projects being HUD). If a remediation plan, where qualifications of design professionals or funded by HOPE VI. If you object to the required, is not approved by HUD and participating on a selection panel that responsible entity conducting the a fully-funded contract with a qualified results in the procurement of excellent environmental review, on the basis of contractor licensed to perform the design services. performance, timing, or compatibility of required type of remediation is not You should select a design team that objectives, HUD will review the facts executed, HUD reserves the right to is committed to a process in which and determine who will perform the determine that the grant is in default. residents, including young people and environmental review. At any time, e. If the environmental review is seniors, the broader community, and HUD may reject the use of a responsible completed before HUD approval of the other stakeholders participate in entity to conduct the environmental HOPE VI Supplemental Submissions designing the new community. review in a particular case on the basis and you have submitted your Request Your proposed site plan, new units, of performance, timing, or compatibility for Release of Funds (RROF), the and other buildings must be designed to of objectives, or in accordance with 24 supplemental submissions approval be compatible with and enrich the CFR 58.77(d)(1). If a responsible entity letter shall state any conditions, surrounding neighborhood. Local objects to performing an environmental modifications, prohibitions, etc. as a architecture and design elements and review, or if HUD determines that the result of the environmental review, amenities should be incorporated into responsible entity should not perform including the need for any further the new or rehabilitated homes so that the environmental review, HUD may environmental review. You must carry the revitalized sites and structures will designate another responsible entity to out any mitigating/remedial measures
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required by HUD, or select an alternate IV. Application and Submission Authorized Organization Representative eligible property, if permitted by HUD. Information (AOR). When you submit the If HUD does not approve the application through Grants.gov, the A. Addresses To Request Application remediation plan and a fully funded name of your authorized organization Package contract with a qualified contractor representative on file will be inserted licensed to perform the required type of 1. Obtaining the NOFA. Copies of this into the signature line of the remediation is not executed, HUD published NOFA and application forms application. Applicants must register reserves the right to determine that the for this program may be downloaded the individual who is able to make grant is in default. from the grants.gov Web site at http:// legally binding commitments for the f. If the environmental review is not www.grants.gov. If you have difficulty applicant organization as the completed and you have not submitted accessing the information you may call Authorized Organization Representative the RROF before HUD approval of the the grants.gov help line toll-free at (800) (AOR). supplemental submissions, the letter 518–GRANTS or e-mailing b. Manual Signatures. If your approving the supplemental
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d. Manual Page Count. If you are by existing HOPE VI Revitalization (C) The name of the file that contains granted a waiver to the electronic grantees in accordance with Sections the Attachment. submission requirement: V.A.1.of this NOFA (Capacity). (b) Attachment File Names and Types. (1) Narrative Exhibits. (e) Information required of MTW (i) All Attachments that are not listed (a) The first part of your application applicants only. separately on grants.gov and are will be comprised of narrative exhibits. e. Electronic Format. (1) Exhibits. formatted as PureEdge forms, e.g., SF– Your narratives will respond to each Exhibits are as listed in Section IV.B.2.a. 424, must be contained in one rating factor in the NOFA and will also of this NOFA. Each Exhibit should be Attachment ZIP file. respond to threshold requirements. contained in a separate file and section (ii) Each file within the ZIP file must Among other things, your narratives of the application. Each file should be formatted so it can be read by MS must describe your overall planning contain one title page. Excel (.XLS) or Adobe Acrobat (.PDF). activities, including but not limited to (a) Exhibit Title Pages. HUD will use (A) Attachments that are downloaded relocation, community, and supportive title pages as tabs when it downloads from grants.gov in MS Excel format may services, and development issues. and prints the application. Provided the be submitted in Excel format. (b) Each HOPE VI Revitalization information on the title page is limited (B) Attachments that are downloaded application must contain no more than to the list in Section (b) below, the title from grants.gov in text format, e.g., 100 pages of narrative exhibits. Any pages will not be counted when HUD certifications, should be submitted in pages after the first 100 pages of determines the length of each Exhibit, or Adobe Acrobat (PDF) format. narrative exhibits will not be reviewed. the overall length of the Exhibits. (C) Third-party documents, e.g., Although submitting pages in excess of (i) Each title page should only leverage commitment letters, pictures, the page limitations will not disqualify contain: etc., should be submitted in Adobe an application, HUD will not consider (A) The name of the Exhibit, as Acrobat (PDF) format. the information on any excess pages, described in Section IV.B.2.a. of this (iii) Each file name must include the which may result in a lower score or NOFA, e.g., ‘‘Narrative Exhibit A: information below, in the order stated: failure of a threshold. Text submitted at Summary Information’; (A) Short version of applicant’s name, the request of HUD to correct a technical (B) The name of the applicant; and e.g., town, city, county/parish, etc., and deficiency will not be counted in the (C) The name of the file that contains state; and 100-page limit. the Exhibit. (B) The word ‘‘Attachment’’ and the (2) Attachments. (b) Exhibit File Names and Types. Attachment number (1 through 41), as (a) The second part of your (i) All Exhibit files in the application listed in Section IV.B.2.b. of this NOFA; application will be comprised of must be contained in one Exhibit ZIP (C) An example of an Exhibit file Attachments. These documents will also file. name is, ‘‘Atlanta GA Attachment 1’’. respond to the rating factors in the (ii) Each file within the ZIP file must (3) Maximum Length of Application. NOFA, as well as threshold and be formatted so it can be read by MS (i) Page Definition and Format. mandatory documentation Word 2000 (.DOC). (A) For Exhibits, a ‘‘page’’ contains a requirements. They will include (iii) Each file name must include the maximum of 23 double-spaced lines. documents such as maps, photographs, information below, in the order stated: The length of each line must be a letters of commitment, application data (A) Short version of applicant’s name, maximum of 61⁄2 inches. This is the forms, various certifications unique to e.g., town, city, county/parish, etc., and equivalent of formatting to be printed on HOPE VI Revitalization, and other state; and 81⁄2″ x 11″ paper, with one inch top, certifications. (B) The word ‘‘Exhibit’’ and the bottom, left and right margins. The font (b) Each HOPE VI Revitalization Exhibit letter (A through I), as listed in must be 12-point Times New Roman. application must contain no more than Section IV.B.2.a. of this NOFA; Each page must be numbered. 125 pages of attachments. Any pages (C) An example of an Exhibit file (B) For Attachments, an applicant after the first 125 pages of attachments name is, ‘‘Atlanta GA Exhibit A.’’ formatted text page is defined as in (A) will not be considered. Although (2) Attachments. Attachments are as above. Third-party documents submitting pages in excess of the page listed in Section IV.B.2.b. of this NOFA. converted into PDF format must not be limit will not disqualify an application, Each Attachment should be contained shrunk to fit more than one original HUD will not consider the information in a separate file and section of the page on each application page. Pages of on any excess pages, which may result application. Each Attachment that is not HUD Forms and certification formats in a lower score or failure to meet a a HUD Form should contain one title furnished by HUD are as numbered by threshold. page. HUD. (3) Exceptions to page limits. The (a) Attachment Title Pages. HUD will (C) The maximum total length of the documents listed below constitute the use title pages as tabs if it downloads Exhibits and of the Attachments is as only exceptions and are not counted in and prints the application. Provided the stated in Section IV.B.1.d. above. the page limits listed in Sections (1) and information on the title page is limited d. See Section IV.F. of the General (2) above: to the list in Section (b) below, the title Section for instructions on how to (a) Additional pages submitted at the pages will not be counted when HUD electronically submit third-party and request of HUD in response to a determines the length of each large documents (i.e., documents 81⁄2 by technical deficiency. Attachment, or the overall length of the 14-inch, etc.). (b) Attachments that provide Attachments. HUD forms do not require 2. Application Content documentation of commitments from title pages. resource providers or CSS providers. (i) Each title page should only The following is a list of narrative (c) Attachments that provide contain: exhibits and attachments that are documentation of site control and site (A) The name of the Attachment, as required as part of the application. Non- acquisition in accordance with Section described in Section IV.B.2.b. of this submission of these items may lower IV.B.4. of this NOFA. NOFA, e.g., ‘‘Attachment 10: your rating score or make you ineligible (d) Narratives and Attachments, as Extraordinary Site Costs Certification’; for award under this NOFA. Review the relevant, required to be submitted only (B) The name of the applicant; and threshold requirements in Section III.C.
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of this NOFA and mandatory Public Meeting Certification, form highlighted or mentioned in the documentation requirements in Section HUD–52785 application. To ensure inclusion of IV.B. of this NOFA to ascertain the (15) Attachment 24: Commitments Match funds, MOUs should be affects of non-submission. HUD forms with CSS Providers accompanied by commitment letters or required by this NOFA can be obtained (16) Attachment 25: Relocation Plan contracts. This is not a technical on the Internet at Grants.gov. Applicants Certification Documentation deficiency and cannot be corrected that are granted a waiver to the (17) Attachment 26: Completed during the deficiency period. If the electronic submission requirement must Relocation Certification Documentation match is not met, the application will include the narrative exhibits and (18) Attachment 27: Documentation of not be considered for funding. attachments in the application in the Site Control for Off-Site Public Housing order listed below. (19) Attachment 28: Documentation of 4. Threshold Documentation Environmental, & Neighborhood a. Narrative Exhibits a. Appropriateness of Proposal. In Standards accordance with Section 24(e)(1) of the (1) Acknowledgment of Application (20) Attachment 29: Preliminary 1937 Act, each application must Receipt, form HUD–2993 (applies only Market Assessment Letter demonstrate the appropriateness of the if you are granted a waiver to the (21) Attachment 30: Zoning Approval proposal in the context of the local electronic submission requirement) Certification or Documentation housing market relative to other (2) Application for Federal (22) Attachment 31: HOPE VI alternatives. You must briefly discuss Assistance, Standard Form SF–424 Revitalization Project Readiness other possible alternatives to your (3) HOPE VI Revitalization Certification, form HUD–52787 proposal and explain why your plan is Application Table of Contents (23) Attachment 32: Current Site Plan more appropriate. This is a statutory (4) Narrative Exhibit A: Summary (24) Attachment 33: Photographs of requirement and an application Information Architecture in the Surrounding (5) Narrative Exhibit B: Capacity Community threshold. Any deficiencies in your (6) Narrative Exhibit C: Need narrative may not be corrected after the (7) Narrative Exhibit D: Resident and (25) Attachment 34: Conceptual Site Plan application is submitted. For examples Community Involvement of alternative proposals, see the (8) Narrative Exhibit E: Community (26) Attachment 35: Conceptual Building Elevations Appropriateness of Proposal Threshold and Supportive Services in Section III.C. (9) Narrative Exhibit F: Relocation (27) Attachment 36: Evaluation (10) Narrative Exhibit G: Fair Housing Commitment Letter(s) b. Contiguous, Single, and Scattered- and Equal Opportunity (28) Attachment 37: Portions of the Site Projects. If you include more than (11) Narrative Exhibit H: Well- PHA Plan one project in your application, you Functioning Communities (29) Attachment 38: Logic Model, must provide a map that clearly (12) Narrative Exhibit I: Soundness of form HUD–96010 indicates that the projects are within a Approach (30) Attachment 39: America’s quarter-mile of each other. See Section Affordable Communities Initiative, form III.C.1.c of this NOFA for more b. Attachments HUD–27300 information. (1) Attachments 1 through 7: HOPE VI (31) Attachment 40: HOPE VI c. Non-Public Housing Funding for Application Data Form, form HUD– Revitalization Application Certifications Non-Public Housing or Replacement 52860–A (32) Attachment 41: Standard Forms Units. Public Housing funds must only (2) Attachment 8: HOPE VI Budget, and Certifications form HUD–52825–A be used to develop Replacement (a) Disclosure of Lobbying Activities, Housing Units. You must demonstrate (3) Attachment 9: TDC-Grant Standard Form LLL, as applicable Limitations Worksheet, form HUD– that you have sufficient non-Public (b) Applicant/Recipient Disclosure/ Housing Leverage funds to develop all 52799 Update Report, form HUD–2880, (4) Attachment 10: Extraordinary Site housing units that do not qualify as (c) Funding Application, Section 8 Replacement Housing. See Section I.C.3. Costs Certification Tenant-Based Assistance Rental (5) Attachment 11: Cost Control of this NOFA for the definition of Certificate Program, Rental Voucher Standards Certification Replacement Housing. Program, form HUD–52515, if (6) Attachment 12: City Map applicable. d. Program Schedule. Your (7) Attachment 13: Developer application must contain a program Certification 3. Match Documentation schedule that provides a feasible plan to (8) Attachment 14: Property meet the schedule requirements of Management Policy Certification If the commitment document for any Section VI.B. of this NOFA, with no Documentation match funds/in-kind services is not impediments such as litigation that (9) Attachment 15: Program Schedule included in the application and (10) Attachment 16: Certification of provided before the NOFA submission would prevent timely startup. The Severe Physical Distress date, the related match will not be program schedule must indicate the (11) Attachment 17: Photographs of considered. Depending upon the date when the development proposal, the Severely Distressed Housing specific Memorandum of Understanding i.e., whether public housing (12) Attachment 18: Neighborhood (MOU), the MOU alone may not firmly development, mixed-finance Conditions and irrevocably commit Match funds, development, homeownership (13) Attachments 19 through 22: e.g., the MOU states that a donation development, etc., for each phase of the HOPE VI Revitalization Leverage agreement may be discussed in the revitalization plan will be submitted to Resources, form HUD–52797 future. If the MOU does firmly and HUD. For application evaluation only, (14) Attachment 23: HOPE VI irrevocably commit funds, the MOU you should assume the following award Revitalization Resident Training & language that does so should be and post-award dates.
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Milestone Date
Grant Award ...... April 1, 2006. Grant Agreement Execution ...... July 1, 2006. HUD’s written request for Supplemental Submissions ...... August 1, 2006. HUD’s approval of Supplemental Submissions ...... September 1, 2006.
If grant award takes place after April 5. Certification Thresholds c. Operation and Management 1, 2006, the grantee’s program schedule Documentation Principles and Policies Certification may be changed in the supplemental You must certify that you will submissions to account for the period of Omission of, or incorrect/improper signature on, any of the following implement the Operation and time between April 1, 2006, and the Management Principles and Policies actual date of grant award. documents is considered a technical deficiency and must be cured stated in Section III.C. of this NOFA. e. Site Control. If you propose to (corrected) within the cure period stated The certification should reference 24 develop off-site housing in any phase of in Section V.B. of the General Section. CFR part 966 and should outline the your proposed revitalization plan, you Applications that remain deficient after requirements in Section III.C.4.i. If, after MUST provide evidence in your the cure period will not be considered the deficiency cure period, this application that you (not your for funding. certification is not properly included in developer) have site control of the your application, the application will property(ies). Evidence may include an a. Market-Rate Housing: Market not be considered for funding. option to purchase the property, a sales Assessment Letter d. Relocation Plan Certification agreement, a land swap, or a deed. (1) If you include market-rate housing, Evidence may not include a letter from You must certify that the HOPE VI community facilities (if market-driven, a the Mayor or other official, letters of Relocation plan has been completed and community facility that is primarily support from members of the that it conforms to the URA intended to facilitate the delivery of appropriate municipal entities, or a requirements, and that it implements community and supportive services for resolution evidencing the PHA’s intent the goals stated in V.A.6. of this NOFA. residents of the targeted severely to exercise its power of eminent (a) You must certify that the HOPE VI distressed public housing project and of domain. Evidence of site control may Relocation Plan has been completed off-site replacement housing does not only be made contingent upon the and: need to be addressed in the market receipt of the HOPE VI grant, (i) That it conforms to the Uniform assessment letter, e.g., a YMCA), satisfactory compliance with the Relocation Assistance and Real Property economic development and retail Acquisition Policies Act of 1970 (URA) environmental review requirements in structures in your Revitalization plan, requirements as described in Sections accordance with this NOFA, and the site you must demonstrate that there is a III.C.4. of this NOFA; and and neighborhood standards in Section demand for these market-rate housing (ii) That it implements HOPE VI III.C.4.n.(1) of this NOFA. units, community facilities, economic relocation goals, as described in Section f. Zoning Approval. (a) If you are development and retail structures of the V.A.6. of this NOFA. proposing to use off-site parcels of land type, number, and size proposed in the (b) If relocation was completed (i.e., for housing development or other uses location you have chosen. the targeted public housing site is that, until this point in time, have been (2) In your application you must vacant) as of the application submission zoned for a purpose different than the provide a preliminary market date, rather than certifying that the one proposed in your revitalization assessment letter prepared by an HOPE VI Relocation Plan has been plan, your application must include: independent, third party, credentialed completed, you must certify that the (i) A certification from the appropriate market research firm, or professional relocation was completed in accordance local official documenting that all that describes its assessment of the with URA requirements. (c) If, after the deficiency cure period, required zoning approvals have been demand and associated pricing structure this certification is not properly secured for such parcels; or, for the proposed residential units and included in your application, the (ii) The actual zoning approval any community facilities, economic application will not be considered for document for the parcel(s). development, and retail structures, funding. (b) If you are proposing to use off-site based on the market and economic parcels of land for housing development conditions of the project area. e. Resident Involvement in the or other uses and those parcels are (3) If, after the cure period, this letter Revitalization Program Certification already zoned for your chosen use, your is not included in your application, the You must submit a signed application must include a certification application will not be considered for certification that resident training signed by the Executive Director stating funding. sessions and public meetings were held that all zoning is correct. b. HOPE VI Revitalization Applicant and that you involved affected public (c) For example, if you propose to Certifications housing residents at the beginning and develop housing on land that is during the planning process for the currently zoned as parkland, you must The Chairman of your Board of revitalization program, prior to provide evidence in the application that Commissioners must certify to the submission of an application. The the zoning change has been secured to requirements listed in the HOPE VI certification must state that listed permit housing development. If you Revitalization Applicant Certifications. topics, as described in Section III.C.4. of propose to keep the land as parkland, A suggested format for this certification this NOFA, were covered, that one of you must provide a certification in the is provided on the Internet at http:// the meetings took place at the beginning application that the zoning is for www.hud.gov/offices/adm/grants/ of the revitalization planning process, parkland. fundsavail.cfm. and that two of the meetings and one
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training session took place after the the Application for Federal Assistance (b) A table that states: publication date of this NOFA in the (SF–424) and the Acknowledgment of (i) The amount of your total FY 2000– Federal Register. The certification must Application Receipt (HUD–2993). These 2005 Capital Funds; include the dates of the training session two forms must be the first two pages of (ii) The amount of your total and meetings. The certification must your application. unobligated FY 2000–2005 Capital show that each of the public meetings Funds; and j. TDC and Extraordinary Site Costs and resident training took place on (iii) The planned amounts and uses of Certification different days. If, after the deficiency unobligated funds earmarked in your cure period, this certification is not (1) An Extraordinary Site Costs PHA plan for purposes other than your properly included in your application, Certification must be included in your application’s proposed HOPE VI the application will not be considered application if such costs are included in activities. for funding. the calculations you used to determine (4) Applicants must ensure that their your requested award amount. If this obligation and expenditure information f. Severely Distressed Certification certification is not included in the was updated in LOCCS prior to the You must certify that the target application on or before the end of the application deadline, except in the case project is severely distressed. See deficient application cure period, of some moving to work applicants, Section I.C. of this NOFA for the extraordinary site costs will not be which are not required to enter definition of ‘‘severely distressed.’’ In allowed in the award amount. obligations into LOCCS in accordance order to certify to severe physical (2) The certification must be signed by with their MTW agreements. distress, your application must include a licensed engineer or architect who is (5) For MTW PHAs that do not record a certification that is signed by an not an employee of the housing capital funds obligations in LOCCS, you engineer or architect licensed by a state authority or the city. The certification must provide a certification of your licensing board. The license does not must include an engineer’s or architect’s obligation rate in order to receive any need to have been issued in the same license number and state of registration. points for the Need for HOPE VI Funding rating factor. state as the severely distressed project. 6. Rating Factor Documentation The engineer or architect must include c. Documentation for Leverage his or her license number and state of To receive points for certain rating Resources. In your application, you will registration on the certification. The factors, you must include specific enter basic information about each engineer or architect may not be an documentation that is stated in this resource on the appropriate resource employee of the housing authority or NOFA. When specific documentation is summary form: name of the organization the city. A format for a Certification of necessary, that documentation is stated providing the resource, the dollar value Severe Physical Distress is provided on in this section of the NOFA or is cross- of the resource, and its proposed use. (1) Basic Documentation the Internet at http://www.grants.gov. referenced here and is included with the related rating factors in Section V.A. of Requirements. g. Selection of Developer this NOFA. (a) For each resource you list, you In order to be eligible for funding, you a. Documentation for Capacity. See must provide a commitment document must provide a signed certification that: Section V.A.1. of this NOFA for that demonstrates firm and irrevocable (1) You have initiated an RFQ by the documentation requirements. Include commitments, such as a letter, required application submission date for information on capacity in Exhibits B memorandum of understanding (See (i) the competitive procurement of a and E. HUD will obtain information on below.), agreement to participate, city developer for your first phase of Capital Fund Program availability council resolution, or other evidence of construction. It is not necessary to have internally. However, you must include the resource to be committed, which executed a Master Development information from your PHA Plan on may be subject to the receipt of a HOPE Agreement with the selected developer Capital Fund Program funds that are VI Revitalization grant. If the in order to meet the threshold; or, planned for other uses. HUD will also commitment document is not included (2) You will act as your own obtain information on your scores for in the application and provided before developer for the proposed project. the Public Housing Assessment System the NOFA submission date, the related (PHAS) and Section 8 Management leverage will not be considered. An h. Cost Control Standards Certification Assessment Program (SEMAP) official of the organization legally You must include a certification by an internally. authorized to make commitments on independent cost estimator, architect, b. Documentation for Need. behalf of the organization must sign the engineer, contractor, or other qualified (1) State the number of units that you commitment document. third party professional that your cost currently have under ACC. (i) Memoranda of Understanding estimates meet the standards of Section (2) See Sections V.A.2. and IV.B.7.c. (MOUs). Depending upon the specific IV.E. of this NOFA. The certifier cannot of this NOFA for the subjects and items MOU, the MOU alone may not firmly work for you. that you should include in your Rating and irrevocably commit Leverage funds, Factor narrative. e.g., the MOU states that a donation i. Standard Forms and Certifications (3) In order to document that you agreement may be discussed in the (1) The last part of your application need HOPE VI funding to complete your future. If the MOU does firmly and will be comprised of standard proposed revitalization effort, you must irrevocably commit funds, the MOU certifications common to many HUD include in your application: language that does so should be programs. Required forms are included (a) The portion of your PHA plan that highlighted or mentioned in the in the HOPE VI Application and will be lists each year’s planned uses of your application. To ensure inclusion of available electronically on the FY 2000–2005 Capital Funds (including Leverage funds, MOUs may be grants.gov website. CGP and CIAP funds). Funds earmarked accompanied by commitment letters or (2) For applicants who are granted a in the PHA plan for uses other than the contracts. This is not a technical waiver to the electronic application revitalization proposed in this deficiency and cannot be corrected process, these forms must be placed at application will not be considered during the deficiency period. See the back of the application, except for available; and Section VI.B.5.a. of this NOFA.
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(b) Each commitment document must clearly indicates that tax-exempt bonds need for affordable housing. Include include the dollar value and time have been committed to the project. information relating the Rating Factors duration of the commitment (e.g., (3) Private mortgage-secured loans to your Physical Plan, as described in $10,000 will be provided each year for and other debt. Exhibit A. four years for a total commitment of (a) Your application must include i. Documentation for Soundness of $40,000). The dollar value must be each loan’s expected term maturity and Approach. See Section and V.A.9. of consistent with the amount entered on sources of repayment. the resource summary form. For d. Documentation for Resident this NOFA for documentation electronic application submission, you Involvement. See Sections IV.B.5.e. and requirements. will also need to identify, in the V.A.4. of this NOFA for documentation j. Documentation for Incentive documentation Attachment section of requirements. Criteria on Regulatory Barrier Removal. the application, whether the document e. Documentation for CSS. Include You must include the completed form was submitted to HUD: CSS capacity information in Exhibit B, HUD–27300 in your application. You (i) As a scanned PDF document CSS Leverage in the Attachments and must answer the questions in either Part submitted through grants.gov CSS program information in Exhibit E. A or Part B of the form, but not both. (preferred); or See Sections III.C.4.l. and m. for (ii) as an electronic facsimile. See program requirements and V.A.5. for 6. Housing Choice Voucher (HCV) Section IV.F. of this NOFA. CSS program Rating Factors. Note the Assistance (c) Endorsements or general letters of importance of Housing Self-Sufficiency. support from organizations or vendors f. Documentation for Relocation. (1) This NOFA will fund HCVs that alone will not count as resources and There is a program requirement that you are necessary to relocate HOPE VI should not be included in the must complete a HOPE VI Relocation affected public housing residents. In application or on a Resources Summary plan. The Relocation Plan should be in accordance with HUD Notice PIH 2004– Form. accordance with HUD Community 4 (HA), Submission and Processing of (d) For CSS leverage resources, Planning and Development’s CPD Public Housing Agency (PHA) include only funds/in-kind services that Notice 04–02, which is an extension of Applications for Housing Choice will be newly generated for HOPE VI Notice 02–08. Vouchers for Relocation or Replacement activities. If an existing service provider (1) In your application, you must Housing Related to Demolition or significantly increases the level of certify that the HOPE VI Relocation plan Disposition (Including HOPE VI), and services provided at the site, the has been completed and that it: Plans for Removal (Required/Voluntary increased amount of funds may be (a) Conforms to the URA requirements Conversion Under Section 33 of the counted, except for TANF cash benefits. as described in Section III.C.4.; 1937 Act, As Amended, and Mandatory HUD will not count any funds that have (b) Is designed to minimize Conversion Under Section 202 of the already been provided on a routine permanent displacement of current Omnibus Consolidated Rescissions and basis, such as TANF cash benefits and residents of the public housing site who Appropriations Act of 1996) of Public in-kind services that have been wish to remain in or return to the supporting ongoing CSS-type activities. revitalized community, while furnishing Housing Units, you should determine (e) Even though an in-kind CSS alternative housing to current residents the number of vouchers that it is eligible contribution may count as a resource, it of the public housing site who do not for, that are related to this HOPE VI may not be appropriate to include on wish to remain in or return to the Revitalization development. the sources and uses attachment. Each revitalized community; (2) You should submit the HCV source on the sources and uses (c) Gives existing residents priority for application, in accordance with HUD attachment must be matched by a occupancy in planned public housing Notice PIH 2004–4 (HA), for these HOPE specific and appropriate use. For units, or for residents that can afford to VI related vouchers, as a part of the example, donations of staff time may live in other units, priority for those application. not be used to offset costs for planned units and infrastructure. (d) In connection with your CSS (a) If you are funded by this NOFA, (2) LIHTC Documentation. If you program, provides for community and the HCV application will be processed. propose to include LIHTC equity as a supportive services to residents prior to (b) If you are not funded by this development resource for any phase of any relocation. NOFA, the HCV application will not be development, your application must (2) If relocation was completed as of processed. include a LIHTC reservation letter from the application submission date (i.e., the (3) For applicants who are granted a your state or local housing finance targeted public housing site is vacant), waiver to the electronic application agency in order to have the tax credit rather than providing a certification that process, the HCV request should be amounts counted as development the HOPE VI Relocation plan has been located with the Standard Forms and leveraging. This letter must constitute a completed, a certification that the firm commitment and can only be relocation was completed must be Certifications at the back of the conditioned on the receipt of the HOPE included in the application. This application. VI grant. HUD acknowledges that, certification may be provided in the (4) The notice can be obtained depending on the housing finance form of a letter. through the Internet at http:// agency, documentation for four percent g. Documentation for Fair Housing www.hudclips.org/cgi/index.cgi. tax credits may be represented in the and Equal Opportunity. See Sections (5) To assist HUD in estimating the form of a tax-exempt bond award letter. III.C.4., and V.A.7. for documentation overall cost of HCV assistance, you Accordingly, it will be accepted for requirements. should include a copy of the Funding leverage scoring purposes under Section h. Documentation for Well- V.A.3. of this NOFA, if you demonstrate Functioning Community. See Sections Application, Section 8 Tenant-Based that this is the only available evidence III.C.4., and V.A.8. of this NOFA for Assistance Rental Certificate Program, of four percent tax credits, and documentation requirements. Include a Rental Voucher Program, form HUD– assuming that this documentation summary of unit data that relates to 52515, in your NOFA application.
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7. Further Documentation Guidance on intended to facilitate the delivery of scattered sites meet the NOFA Narrative Exhibits and Specific community and supportive services for requirements. Attachments residents of the targeted development b. Exhibit B. Verify that you have included information relating to the a. Exhibit A. Verify that you have and residents of off-site replacement housing. Describe the type and amount following: included information relating to the (1) PHAS, Maintenance, and SEMAP. following: of such space and how the facilities will be used in CSS program delivery or (2) Development Capacity of (1) Executive Summary. Provide an Developer. Executive Summary, not to exceed three other activities; (h) Land acquisition, and (3) Development Capacity of pages. Describe your Revitalization infrastructure and site improvements. Applicant. Plan, as clearly and thoroughly as Note that HOPE VI grant funds may not (4) Capacity of Existing HOPE VI possible. Do not argue for the need for be used to pay hard development costs Revitalization Grantees. This rating the HOPE VI grant, but explain what or to buy equipment for retail or factor applies only to PHAs with you would do if you received a grant. commercial facilities; existing HOPE VI Revitalization grants Briefly describe why the targeted project (3) Hazard Reduction. For units to be from fiscal years 1993–2002. Production is severely distressed, provide the rehabilitated or demolished, describe achievement numbers will be taken number of units, and indicate how the extent of any required abatement of from the HOPE VI Quarterly Progress many of the units are occupied. environmentally hazardous materials Reports for the quarter ending December Describe specific plans for the such as asbestos. 31, 2004. revitalization of the site. Include income (4) Demolition. Describe your plans (5) CSS Program Capacity. mix, basic features (such as restoration for demolition, including the buildings (6) Property Management Capacity. of streets), and any mixed use or non- (dwelling and non-dwelling units) (7) PHA Plan. c. Exhibit C. Verify that you have housing components. If you are proposed to be demolished, the purpose included information relating to the proposing off site replacement housing, of the demolition, and the use of the site provide the number and type of units following: after demolition. If the proposed (1) Need for Revitalization: Severe and describe the off site locations. demolition was previously approved as Describe any homeownership Physical Distress of the Public Housing a Section 18 demolition application, Site. components included in your Plan, state the date the Section 18 demolition including numbers of units. Briefly (2) Need for Revitalization: Impact of application was submitted to HUD and the Severely Distressed Site on the summarize your plans for community the date it was approved by HUD. and supportive services. State the Surrounding Neighborhood. Indicate whether you plan to implement (3) Need for HOPE VI Funding amount of HOPE VI funds you are the concept of Deconstruction. (Obligation of Capital Funds). If you are requesting, and list the other major (5) Disposition. Describe the extent of a Moving to Work participant and are funding sources you will use for your any planned disposition of any portion not required to enter obligations into mixed-finance development. Identify of the site. Cite the number of units or LOCCS, provide a certification of your whether you have procured a developer acreage to be disposed, the method of obligation rate of your FY 2000–2005 or whether you will act as your own disposition (sale, lease, trade), and the Capital Funds. If you are not a developer. status of any disposition application participant in MTW, you must provide (2) Physical Plan. Describe your made to HUD. information on your Capital Funds. The planned physical revitalization (6) Site Improvements. Describe any portion of the PHA Plan that lists the activities: proposed on-site improvements, planned uses of your FY 2000–2005 (a) Rehabilitation of severely including infrastructure requirements, Capital Funds should included in the distressed public housing units; changes in streets, etc. Describe all application. (b) Development of public housing public improvements needed to ensure (4) Previously-Funded Sites. replacement rental housing, both on-site the viability of the proposed project (5) Need for Affordable, Accessible and off-site; with a narrative description of the Housing in the Community. (c) Indicate whether you plan to use sources of funds available to carry out d. Exhibit D. Verify that you have PATH technologies and Energy Star in such improvements. included information relating to the the construction of replacement (7) Site Conditions. Describe the following: housing; conditions of the site to be used for (1) Resident and Community (d) Market rate housing units; replacement housing. Listing all Involvement. Discuss your (e) Units to be financed with low- potential contamination or danger communications about your income housing tax credits; sources (e.g. smells, fire heat, explosion development plan and HUD (f) Replacement homeownership and noise) that might be hazardous or communications with residents, assistance for displaced public housing cause discomfort to residents, PHA community members, and other residents or other public housing- personnel, or construction workers. List interested parties. Include the resident eligible low-income families. Also potential danger sources, including training attachment. describe any market-rate commercial and industrial facilities, e. Exhibit E. Verify that you have homeownership units planned, sources brownfields and other sites with included information relating to the and uses of funds. Describe the potentially contaminated soil, following: Endowment Trust. If you relationship between the HOPE VI commercial airports and military plan to place CSS funds in an activities and costs and the airfields. Note any facilities and/or Endowment Trust, state the dollar development of homeownership units, activities within one mile of the amount and percentage of the entire both public housing and market rate. If proposed site. grant that you plan to place in the Trust. you are selected for funding, you will be (8) Separability. If applicable, address (1) Case Management and Needs required to submit a Homeownership the separability of the revitalized Identification; Proposal (homeownership term sheet); building(s) within the targeted project. (2) Transition to Housing Self- (g) Rehabilitation or new construction (9) Proximity. If applicable, describe Sufficiency and Housing Self- of community facilities primarily how two contiguous projects or Sufficiency Time Frame;
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(3) Partner Commitments; m. Attachment 10. (1) Extraordinary housing that illustrate the extent of (4) Quality and Results Orientation. Site Costs Certification. This attachment physical distress. f. Exhibit F. Verify that you have is applicable only if you request funds u. Attachment 18. (1) Neighborhood included information relating to the to pay for extraordinary site costs, Conditions. This attachment is required following: outside the TDC limits. in all applications. Documentation may (1) Housing Choice Voucher Needs. n. Attachment 11. (1) Cost include crime statistics, photographs or State the number of Housing Choice Certification. This attachment is renderings, socio-economic data, trends Vouchers that will be required for required in all applications. in property values, evidence of property relocation if this HOPE VI application is o. Attachment 12. (1) City Map. This deterioration and abandonment, approved, both in total and the number attachment is required in all evidence of underutilization of needed for FY 2005. Indicate the applications. Provide a to-scale city map surrounding properties, and other number of units and the bedroom that clearly identifies the following in indications of neighborhood distress breakout. As applicable, include a the context of existing city streets, the and/or disinvestment. Housing Choice Voucher application to central business district, other key city v. Attachments 19 through 22. (1) the application. sites, and census tracts: These attachments are included in form (2) Relocation Plan. For additional (a) The existing development; HUD 52797, ‘‘HOPE VI Revitalization guidance on developing a relocation (b) Replacement neighborhoods, if Leverage Resources’’ and are required in plan, refer to CPD Notice 04–02 available; all applications. (‘‘Guidance on the Application of the (c) Off-site properties to be acquired, (2) Physical Development Resources. Uniform Relocation Assistance and Real if any; For each resource entered, you must Property Acquisition Policies Act of (d) The location of the Federally- submit backup documentation in 1970 (URA), as amended, in HOPE VI designated Empowerment Zone or Attachment 19. Projects’’). Enterprise Community (if applicable); (3) CSS Resources. For each resource g. Exhibit G. Verify that you have and entered, submit backup documentation included information relating to the (e) Other useful information to place in Attachment 20. following: (1) Accessibility; the project in the context of the city, (4) Anticipatory Resources. For each (2) Universal Design; county, or municipality and other resource entered, submit backup (3) Fair Housing; and revitalization activity underway or documentation in Attachment 21. (4) Section 3. planned. (5) Collateral Resources. For each h. Exhibit H. Verify that you have (2) If you request funds for more than resource entered, submit backup included information relating to the one project or for scattered site housing, documentation in Attachment 22. following: the map must clearly show that the w. Attachment 23. (1) Form HUD– (1) Unit Mix and Need for Affordable application meets the NOFA’s site and 52785, ‘‘Resident Training and Public Housing; unit requirements. If you have received Meeting Certification.’’ This attachment (2) Off-Site Housing; and a waiver to the electronic submission is required in all applications. This form (3) Homeownership Housing. requirement, this map may be submitted is available from Grants.gov. i. Exhibit I. Verify that you have on 81⁄2″ by 14″ paper. x. Attachment 24. (1) Commitments included information relating to the p. Attachment 13. (1) This attachment with CSS Providers. This attachment is following: is required in all applications. The required in all applications. Provide (1) Appropriateness of Proposal; Developer Certification may be in the letters from CSS providers that have (2) Appropriateness and Feasibility of form of a letter. made commitments to participate in the Plan; q. Attachment 14. (1) This attachment your CSS activities if you are awarded (3) Neighborhood Impact and is required in all applications. The a HOPE VI Revitalization grant under Sustainability of the Plan; the NOFA. (4) Design; Property Management Certification may (5) Energy Star; and be in the form of a letter. y. Attachment 25. (1) HOPE VI (6) Evaluation. r. Attachment 15. (1) Program Revitalization Relocation Plan j. Attachments 1 through 7. (1) These Schedule. This attachment is required Certification. Submit a certification that attachments are required in all in all applications. Your program you have completed a HOPE VI applications. See the instructions for schedule MUST contain all timeframe Relocation Plan in conformance with filling out the HOPE VI Application requirements listed in the NOFA. the URA. This certification may be in Data Forms, Appendix 1, at the end of Further, the program schedule MUST the form of a letter. Refer to CPD Notice this NOFA. indicate the date on which the 04–02 for additional guidance, k. Attachment 8 (1) This attachment is development proposal for EACH phase including a template. required in all applications. In addition of the revitalization plan will be z. Attachment 26. (1) Completed to the instructions included in the submitted to HUD. Relocation Certification. If you have HOPE VI Budget form, general guidance s. Attachment 16. (1) Certification of completed your relocation on or before on preparing a HOPE VI budget can be Severe Physical Distress. This the application submission date, found on the Grant Administration page attachment is required in all include this attachment. This of the HOPE VI web site, http:// applications. In accordance with the certification may be in the form of a www.hud.gov/offices/pih/programs/ph/ NOFA, an engineer or architect must letter. hope6. complete this certification. No backup aa. Attachment 27. (1) Documentation l. Attachment 9. documentation is required for this of Site Control for Off-Site Public (1) Form HUD–52799, ‘‘TDC/Grant certification. Housing. This is applicable if your plan Limitations Worksheet’’. This t. Attachment 17. (1) Photographs of includes off-site housing or other attachment is required in all the Severely Distressed Housing. This development. Provide evidence of site applications. The Excel workbook will attachment is required in all control for off-site rental replacement assist you in determining your TDC applications. Submit photographs of the units and acquired, or to be acquired, limits required in Section IV.B.5.j. targeted severely distressed public land.
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bb. Attachment 28. (1) Documentation your narrative in Exhibit B and cover within the system when the application of Environmental, and Site & planned uses of Capital Fund Program has been successfully received. The Neighborhood Standards. This is funding and inclusion of the targeted applicant will receive an applicable if your plan includes off-site project’s revitalization. acknowledgement of receipt and a housing or other off-site development. ll. Attachment 38. (1) Form HUD– tracking number from Grants.gov with Provide a certification that the site(s) 96010, ‘‘Logic Model.’’ This attachment the successful transmission of their acquired for off-site public housing meet is required in all applications. This form application. Applicants should print environmental and site and is available from Grants.gov. Fill in the this receipt and save it, along with neighborhood standards, as provided in planning information requested, facsimile receipts for information the NOFA. This certification may be in Columns 1–5. Columns 6–9 will be filled provided by facsimile, as proof of timely the form of a letter. out during and at the end of the grant submission. When HUD successfully cc. Attachment 29. (1) Preliminary term. (See Section VI.C.2. for post award retrieves the application from Market Assessment Letter. This is reporting instructions.) Grants.gov, HUD will provide an applicable if you include market rate mm. Attachment 39. (1) Form HUD– electronic acknowledgment of receipt to housing in your application. 27300, ‘‘America’s Affordable dd. Attachment 30. (1) Certification of Communities Initiative.’’ This the e-mail address provided on the SF– Zoning Approval or Documentation. attachment is required in all 424. Proof of Timely submission shall This is applicable if your application applications. This form is available from be the date and time that Grants.gov includes off-site housing or other Grants.gov. receives your application submittal and development. This attachment may be a nn. Attachment 40. (1) HOPE VI the date HUD receives those portions of certification or backup documentation. Revitalization Applicant Certification. your application submitted by facsimile. ee. Attachment 31. (1) Form HUD– This attachment is required in all All facsimile transmissions must be 52787, ‘‘HOPE VI Revitalization Project applications. This form is available from received by the application submission Readiness Certification’’. This Grants.gov. date and time. attachment is required in all (2) Note that these certifications (4 Applications received by Grants.gov, applications. This form is available from page document) must be signed by the grants.gov and allows you to certify to after the established submission Chairman of the Board of the PHA, NOT deadline for the program will be several thresholds. the Executive Director. ff. Attachment 32. (1) Current Site considered late and will not be oo. Attachment 41. (1) Standard considered for funding by HUD. Plan. This attachment is required in all Forms and Certifications. These Similarly, applications will be applications. The Site Plan shows the documents include: considered late if information submitted targeted public housing site’s various (a) Disclosure of Lobbying Activities by facsimile as part of the application buildings and identifies which buildings (SF–LLL), as applicable are to be rehabilitated, demolished, or (b) Form HUD–2880, ‘‘Applicant/ has not received by HUD by the disposed of. Demolished buildings Recipient Disclosure/Update Report.’’ established submission deadline. Please should be shown and labeled as such. This form is available from Grants.gov. take into account the transmission time gg. Attachment 33. (1) Photographs of (c) Form HUD–52515, ‘‘Funding required for submitting your application Architecture in the Surrounding Application, Section 8 Tenant-Based via the Internet and the time required to Community. This attachment is required Assistance, Rental Certificate Program, electronically fax any related in all applications. Provide photographs Rental Voucher Program.’’ This form is documents. HUD suggests that to demonstrate that your plan conforms available from Grants.gov. It is applicants submit their applications to the Design requirements of the applicable only if you are requesting during the operating hours of the NOFA. Housing Choice Vouchers that are Grants.gov Support Desk, so that if there hh. Attachment 34. (1) Conceptual related to your proposed plan. are questions concerning transmission, Site Plan. This attachment is required in operators will be available to walk you all applications. The Conceptual Site C. Submission Dates and Times Plan indicates where your plan’s through the process. Submitting your 1. Application Submission Timeframes proposed construction and application during the Support Desk rehabilitation activities will take place a. Application Submission Date. hours will also ensure that you have and any planned acquisition of adjacent Revitalization grant applications are to sufficient time for the application to property and/or buildings. be submitted to HUD on June 29, 2005 complete its transmission prior to the ii. Attachment 35. (1) Conceptual through Grants.gov or, in the case of application deadline. Building Elevations. This attachment is applicants that have been granted a Applicants using dial-up connections required in all applications. Include wavier to the electronic submission should be aware that transmission building elevation drawings for the requirement, through the United States should take some time before Grants.gov various types of your proposed housing. Postal Service (USPS) or an overnight receives it. Grants.gov will provide jj. Attachment 36. (1) Evaluation mail service. See Sections IV.F. of this either an error or a successfully received Commitment Letter(s). This attachment NOFA and the General Section for transmission message. The Grants.gov is required in all applications. Provide application, submission and timely Support desk reports that some the commitment letter(s) for your CSS receipt requirements. applicants abort the transmission program evaluation. The letter should 2. Electronic Required Submission Date contain enough information for HUD to because they think that nothing is and Form of Acceptance compare the commitment to the occurring during the transmission evaluation described in Exhibit I. All applications must be received by process. Please be patient and give the kk. Attachment 37. (1) Portions of the Grants.gov by 11:59:59 p.m. Eastern system time to process the application. PHA or MTW Plan. This attachment is time on June 29, 2005. Uploading and transmitting many files required, and should be included in all Proof of timely submission is particularly electronic forms with applications. The portion of the PHA automatically recorded by Grants.gov. associated XML schemas will take some Plan that you include should support An electronic time stamp is generated time to be processed.
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3. Submission Date, Address, Delivery application is not received on time at be recaptured by the Treasury, and Requirements and Acceptance for Headquarters, it will not be considered. thereafter will not be available for Applicants That Have Received Waivers g. No Facsimiles or Videos. With the obligation for any purpose. That Allow Submission of a Paper Copy exception of third party documents b. Required Expenditure Date. In Application submitted via electronic facsimile (See accordance with 31 U.S.C. 1552, all FY– The following applies ONLY if you Section IV.F. of the General Section), 2005 HOPE VI funds must be expended are granted a waiver to the electronic HUD will not accept for review and by September 30, 2011. Any funds that application submission requirements. evaluation, or fund, any applications are not expended by that date will be a. Method of Delivery. Applicants sent by facsimile (fax). However, placed in an expired account, and will granted a wavier to the electronic facsimile corrections to technical be available only for the purposes of submission requirement must use the deficiencies will be accepted, as liquidating obligations properly United States Postal Service (USPS) or described in Section V.B.4. of the chargeable to that account prior to its overnight mail service (which provide General Section. Also, videos submitted expiration and of making legitimate written receipt of delivery date) to as part of an application will not be obligation adjustments. viewed. submit their applications to HUD. Hand- 2. Funding for Applications to This h. Proof of timely submission. Proof of carried and courier delivered NOFA Only applications will not be accepted. timely submission for all applications, HUD will not use any funds from this b. Submission Date and Time. regardless of whether they are delivered NOFA to fund any non-selected HOPE Applications must be received by 4 pm through USPS or overnight mail services VI related applications submitted in on June 29, 2005. Applications will be shall be the date and time recorded by previous years. Only applications considered late and ineligible to receive the Grant Administrator in the submitted under this FY–2005 NOFA funding if not received on or before the application receipt log. See Section will be considered for funding. application submission date and time, IV.C.2. of this NOFA for information on regardless of the postmark date. the application receipt log. 3. Grant Amount Limitations c. Address for Submitting i. Acknowledgement of Application Receipt. If you wish to receive a. Requested Amount. See Section II Applications. Send the original and one of this NOFA for details. copy of your completed application to acknowledgement of HUD’s receipt of Mr. Milan Ozdinec, Deputy Assistant the application, the Acknowledgment of 4. Ineligible Activities Secretary for Public Housing Application Receipt, form HUD–2993, should be included in the front of the a. You may not use HOPE VI Investments, Department of Housing Revitalization Grant funds to pay for and Urban Development, 451 Seventh application. After receipt, HUD will return the form to you. any revitalization activities carried out Street, SW., Room 4130, Washington, on or before the date of the letter DC 20410–5000. Please make sure that D. Intergovernmental Review announcing the award of the HOPE VI you note the room number. The correct Executive Order 12372 was issued to Grant. room number is very important in foster intergovernmental partnership b. Market-Rate Units. HOPE VI funds ensuring that your application is and strengthen federalism by relying on may not be used to develop market-rate properly accepted and not misdirected. units or affordable housing units that do d. Form of Acceptance. HUD will state and local processes for the coordination and review of federal not qualify as public housing or consider an application as being homeownership replacement units. accepted when it is delivered to the financial assistance and direct federal development. The order allows each c. Retail or Commercial Development. Office of Public Housing Investments, HOPE VI funds may not be used for Room 4130, HUD Headquarters, 451 state to designate an entity to perform a state review function. The official listing hard construction costs related to, or for Seventh Street, SW., Washington, DC the purchase of equipment for, retail, 20410–5000. Upon delivery and of state points of contact (SPOC) for this review process can be found at: http:// commercial, or non-public housing acceptance, the Grant Administrator office facilities. will manually add the application’s www.whitehouse.gov/omb/grants/ PHA name, development name, time of spoc.html. States that are not listed on 5. Total Development Cost (TDC) receipt, and date of receipt to an the website have chosen not to a. The ‘‘TDC Limit’’ (24 CFR 941.306, application receipt log. participate in the intergovernmental Notice PIH 2004–6 (HA), or extending e. Wrong Address. Applications review process, and therefore do not Notice) refers to the maximum amount mailed to the wrong location or office have a SPOC. If you are located within of HUD funding that HUD will approve designated for receipt of the application, one of those states, you may send for development of specific public which result in the designated office not applications directly to HUD. If your housing units in a given location. The receiving the application in accordance state has a SPOC, you should contact it TDC limit applies only to the costs of with the requirements for timely to see if it is interested in reviewing development of public housing that are submission, will result in the your application prior to submission to paid directly with HUD public housing application being considered late. Late HUD. Please make sure that you allow funds, including HOPE VI funds; a PHA applications will not receive funding ample time for this review process when may exceed the TDC limit using non- consideration. HUD will not be developing and submitting your public housing funds such as CDBG, responsible for directing packages to the application. HOME, low-income housing tax credit appropriate office(s). E. Funding Restrictions equity, etc. f. Field Office Copy. You must send b. The HUD TDC Cost Tables are one duplicate copy of your application 1. Statutory Time Limits issued for each calendar year for the to your HUD field office. The HUD field a. Required Obligation Date. Funds building type and bedroom distribution office copy of the application is due appropriated for the HOPE VI program for the public housing replacement before 4 p.m. on the application for FY–2005 must be obligated on or units. Use the TDC limits in effect at the submission date. If the HUD field office before September 30, 2006. Any funds time this HOPE VI NOFA is published receives an application on time, but the that are not obligated by that date will when making your TDC calculations.
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TDC definitions and limits in the final excluded from the TDC calculation Control and Safe Harbor Standards can rule are summarized as follows: above. Extraordinary site costs may be be found on HUD’s HOPE VI Web site. (1) The total cost of development, incurred in the remediation and d. If you are eligible for funding, HUD which includes relocation costs, is demolition of existing property, as well will delete any unallowable items from limited to the sum of: as in the development of new and your budget and may reduce your grant (a) Up to 100 percent of HUD’s rehabilitated units. Examples of such accordingly. published TDC limits for the costs of costs include, but are not limited to: 7. Withdrawal of Grant Amounts demolition and new construction, Abatement of extraordinary multiplied by the number of HOPE VI environmental site hazards; removal or In accordance with Section 24(i) of public housing replacement units; and replacement of extensive underground the 1937 Act, if a grantee does not (b) Ninety percent of the TDC limits, utility systems; extensive rock and soil proceed within a reasonable timeframe, multiplied by the number of public removal and replacement; removal of as described in Section VI.B.2. of this housing units after substantial hazardous underground tanks; work to NOFA, HUD shall withdraw any rehabilitation and reconfiguration. address unusual site conditions such as unobligated grant amounts. HUD shall (2) The TDC limit for a project is slopes, terraces, water catchments, redistribute any withdrawn amounts to made up of the following components: lakes, etc.; and work to address flood one or more other applicants eligible for (a) Housing Cost Cap (HCC): HUD’s plain and other environmental HOPE VI assistance or to one or more published limit on the use of public remediation issues. Costs to abate other entities capable of proceeding housing funds for the cost of asbestos and lead-based paint from expeditiously in the same locality in constructing the public housing units, structures are normal demolition costs. carrying out the Revitalization plan of which includes unit hard costs, Extraordinary measures to remove lead- the original grantee. builder’s overhead and profit, utilities based paint that has leached into the F. Other Submission Requirements from the street, finish landscaping, and soil would constitute an extraordinary a hard cost contingency. Estimates site cost. This section provides the application should take into consideration the (b) Extraordinary site costs must be submission and receipt instructions for Davis-Bacon wage rate and other justified and verified by a licensed HUD program applications. Please read requirements as described in ‘‘Labor engineer or architect who is not an the following instructions carefully and Standards’’, Section III.C.4.h. of this employee of the housing authority or completely, as failure to comply with NOFA. the city. The engineer or architect must these procedures may disqualify your (b) Community Renewal (CR): The provide his or her license number and application. balance of funds remaining within the state of registration. If this certification 1. Electronic Delivery. HUD requires project’s TDC limit after the housing is not included in the application after applicants to submit their applications construction costs described in (a) above the cure period described in Section electronically through http:// are subtracted from the TDC limit. This IV.B.4. of the General Section, www.grants.gov. HUD will not accept or is the amount of public housing funds extraordinary site costs will not be consider any applications that have available to pay for PHA administration, allowed in the award amount. In this been submitted through any other planning, infrastructure and other site case, the amount of the extraordinary method, unless a waiver is granted. improvements, community and site costs included in the application 2. Electronic Signature. Applications economic development facilities, will be subtracted from the grant submitted through grants.gov constitute acquisition, relocation, demolition, and amount. submission as electronically signed remediation of units to be replaced on applications. The registration and e- 6. Cost Control Standards site, and all other development costs. authentication process establishes the (3) CSS. You may request an amount a. Your projected hard development Authorized Organization not to exceed 15 percent of the total costs must be realistic, developed Representative. When you submit the HOPE VI grant to pay the costs of CSS through the use of technically application through Grants.gov, the activities, as described in Section competent methodologies, including name of your authorized organization III.C.4.l. of this NOFA. These costs are cost estimating services, and representative on file will be inserted in addition to, i.e., excluded from, the comparable to industry standards for the into the signature line of the TDC calculation above. kind of construction to be performed in application. Applicants must register (4) Demolition and Site Remediation the proposed geographic area. the individual who is able to make Costs of Unreplaced On-site Units. You b. Your cost estimates must represent legally binding commitments for the may request an amount necessary for an economically viable preliminary plan applicant organization as the demolition and site remediation costs of for designing, planning, and carrying Authorized Organization units that will not be replaced on-site. out your proposed activities in Representative. This cost is in addition to (i.e., excluded accordance with local costs of labor, 3. Instructions. Instructions on how to from) the TDC calculation above. materials, and services. submit an electronic application to HUD (5) Extraordinary Site Costs. c. Your projected soft costs must be via Grants.gov: (a) You may request a reasonable reasonable and comparable to industry a. Applying using Grants.gov. amount to pay extraordinary site costs, standards. Upon award, soft costs will Grants.gov has a full set of instructions which are construction costs related to be subject to HUD’s ‘‘Safe Harbor’’ cost on how to apply for funds on its Web unusual pre-existing site conditions that control standards. For rental units, these site at http://www.grants.gov/ are incurred, or anticipated to be safe harbors provide specific limitations CompleteApplication. The following incurred. If such costs are significantly on such costs as developer’s fees provides simple guidance on what you greater than those typically required for (between 9 and 12 percent), PHA will find on the http://www.grants.gov/ similar construction, are verified by an administration/consultant cost (no more Apply site. Applicants are encouraged to independent, certified engineer or than 3 to 6 percent of the total project read through the page entitled, architect (See Section IV.B. for budget), contractor’s fee (6 percent), ‘‘Complete Application Package’’ before documentation requirements.), and are overhead (2 percent), and general getting started. Grants.gov allows approved by HUD, they may be conditions (6 percent). HUD’s Cost applicants to download the application
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package, instructions and forms that are documentation can be scanned and you should attach these as electronic incorporated in the instructions, and saved as separate electronic files. files as part of the zipped folder and work off line. In addition to forms that Electronic files must be labeled so the submit them with your application are part of the application instructions, reader will know what the file contains. transmission. there will be a series of electronic forms Match or leveraging letters can be 5. Customer Support. The grants.gov that are provided utilizing a PureEdge scanned into a single folder or the website provides customer support via reader. The PureEdge Reader is applicant can create a separate file for (800) 518–GRANTS (this is a toll-free available free for download from the each scanned letter and label them number) or through e-mail at Grants.gov/Get Started site. The accordingly. All scanned files should be [email protected]. The customer PureEdge Reader allows applicants to placed together in a zipped folder and support center is open from 7 a.m. to 9 read the electronic files in a form format then attached to the application package p.m. Eastern time, Monday through so that they will look like any other submitted to grants.gov as part of the Friday, except federal holidays, to Standard or HUD form. The PureEdge application submission; or address grants.gov technology issues. forms have content sensitive help. To (b) Electronic Facsimile Required For technical assistance to program use this feature you will need to click Documentation. Applicants that do not related questions, contact the number on the icon at the top of the page that have scanning equipment available, may listed in Section VII of this NOFA. features an arrow with a question mark. submit the required documentation to 6. Waiver of Electronic Submission This engages the content sensitive help HUD via facsimile (fax). The electronic Requirement. HUD will only accept for each field you will need to complete facsimile method may only be used to electronic applications submitted on the electronic form. The PureEdge submit attachments that are part of your through www.grants.gov unless the forms can be downloaded and saved on electronic application. HUD will not applicant has received a waiver from the your hard drive, network drive(s), or accept entire applications via fax. Department. HUD regulations at 24 CFR CDs. Because of the size of the Applications submitted entirely via fax 5.110, permit waivers of regulatory application, HUD recommends will be disqualified. requirements to be granted for cause. If downloading the application to your To submit documents using the you are unable to submit your computer hard drive. electronic facsimile method, applicants application electronically, you may, in The instructions include this NOFA must use form HUD–96011, Facsimile writing, request a waiver from this and any required forms that have not Transmittal, which is a cover page for requirement. Your waiver request must been converted into PureEdge forms. the faxed materials. The form HUD– state the basis for the request and The instructions will also include a 96011 is an electronic form and is part explain why electronic submission is checklist to ensure that you are of the applicant’s downloaded not possible. The basis for waivers for provided all the required information electronic application obtained from cause may include but are not limited for submitting your application. Please www.grants.gov. Applicants must fax to: (a) Lack of available internet access review the checklist in the program their information to the following fax in the geographic location in which the section to ensure that your application number: 800–HUD–1010. Each applicant is located or, (b) the physical contains all the required materials. document must be faxed as a separate disability of the applicant prevents the 4. Submission of Third Party Letters, submission to avoid fax transmission applicant from accessing or responding Certifications or Narrative Statements. problems. When faxing several to the electronic application. In addition to forms, many of the documents, applicants must use the The waiver request should also NOFAs require the submission of other Form HUD–96011 as the cover for each include an e-mail and/or name and documentation such as third party document (e.g. Letter of Matching or mailing address where responses can be letters, certifications, or program Leveraging funds, Memorandum of directed. Applicants must submit narrative statements. This section Understanding, Certification of waiver requests to the Assistant discusses how you should submit this Consistency with the Consolidated Plan, Secretary for Public and Indian additional information electronically as etc.). Housing, who is responsible for the part of your application: Your facsimile machine should program under which you are seeking (1) Narrative Statements to the provide you with a record of whether funding. To ensure time for processing, Factors for Award. If you are required to your transmission was received by the waiver request must be submitted to submit narrative statements, you should HUD. If you get a negative response or HUD in writing at least thirty days prior submit them as an electronic file in a transmission error, you should to the application submission date. ASCII text format. Each response to a resubmit the document until you To avoid a delay in the process, Factor for Award should be developed confirm that HUD has received your waiver requests should be sent by as a separate file labeled with the transmission. HUD will not United States Postal Service Express appropriate factor name, e.g. Factor 1 acknowledge that a facsimile was Mail. You, the applicant should retain a Capacity and submitted as part of your received successfully. HUD will receipt for the mailing showing the date electronic application. electronically receive the facsimile, read submitted to the Postal Service. HUD (2) Third Party Letters, Certifications it with an optical character reader and will acknowledge receipt of the waiver Requiring Signatures, and Other attach it to the application submitted via request by e-mail, if an e-mail address Documentation. Applicants required to Grants.gov electronic facsimile is provided, or by United States Postal submit documentation from transmissions may be sent at any time Service Express Mail or other means organizations providing matching or before the application submission date. available. HUD will not make leveraging funds; documentation of HUD will store the information and determinations or respond to waiver 501(c)(3) status or incorporation papers; attach it to the electronic application requests via the telephone. Each waiver documents that support the need for the when HUD receives it from Grants.gov. request will be reviewed and a program or Memoranda of (c) Submissions using other File determination made to the applicant, Understanding (MOUs) have the Formats. If you are required to submit indicating whether or not the waiver has following two options: files in formats such as CAD (Computer been granted. In the event a waiver is (a) Scanning Documents to Create Aided Design) files of architectural granted, the submission date for the Electronic Files. Third party drawings and blueprints, or pictures, mailed application delivery shall not be
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later than the submission date for submit their applications during the timely manner. This includes any electronic applications. Applicants operating hours of the grants.gov developer partners, program managers, receiving a waiver will be expected to Support Desk, so that if there are property managers, subcontractors, follow the submission instructions questions concerning transmission, consultants, attorneys, financial immediately below. operators will be available to walk you consultants, and other entities or a. Submission Instructions for through the process. Submitting your individuals identified and proposed to Applicants Receiving a Waiver to application during the Support Desk carry out program activities. Electronic Submission. Applicants hours will also ensure that you have b. Development Team Capacity—6 receiving a waiver of the electronic sufficient time for the application to points submission requirements must submit complete its transmission prior to the (1) You will receive up to 6 points if their complete applications in paper application deadline. your application demonstrates that: copy as follows: Applicants using dial-up connections (a) Your developer or other team (1) Submission Using the United should be aware that transmission members have extensive, recent (within States Postal Service. HUD will no should take some time before grants.gov the last five years), and successful longer accept hand deliveries of receives it. Grants.gov will provide experience in planning, implementing, applications. Applicants who receive a either an error or a successfully received and managing physical development, waiver and are therefore allowed to transmission message. The grants.gov financing, leveraging, and partnership submit paper applications must submit Support desk reports that some activities that are comparable in them via the United States Postal applicants abort the transmission character, scale, and complexity to your Service using Express Mail or an because they think that nothing is proposed revitalization activities; overnight mail service (which provides occurring during the transmission (b) Your developer or other team a written record of delivery date). process. Please be patient and give the members have extensive, recent (within 7. Timely Receipt Requirements and system time to process the application. the last five years), and successful Proof of Timely Submission. Uploading and transmitting many files, experience in planning, implementing, a. Electronic Submission. All particularly electronic forms with and managing Capital Fund program applications must be received by associated XML schemas, will take some projects. http://www.grants.gov by 11:59:59 p.m. time to be processed. (c) You propose development using Eastern time on the established b. Late applications. Late low-income tax credits, and you, your submission date for this NOFA. applications, whether received developer, or other team members have Proof of timely submission is electronically or in hard copy will not relevant tax credit experience; and automatically recorded by Grants.gov. receive funding consideration. HUD will (d) If homeownership, rent-to-own, An electronic time stamp is generated not be responsible for directing or cooperative ownership, or other major within the system when the application forwarding applications to the development components are proposed, is successfully received by Grants.gov. appropriate location. Applicants should you, your developer, or other team The applicant will receive an pay close attention to these submission members have relevant, successful acknowledgement of receipt and a and timely receipt instructions as they experience in development, sales, or tracking number from grants.gov with conversion activities. the successful transmission of their can make a difference in whether HUD will accept your application for funding (2) You will receive up to 4 points if application. Applicants should print your developer or other team members this receipt and save it, along with consideration. c. No Facsimiles of Entire have some but not extensive experience facsimile receipts for information Application. HUD will not accept fax in the factors described above. provided by facsimile, as proof of timely transmissions from applicants who (3) You will receive zero points if submission. When HUD successfully receive a waiver to submit a paper copy your developer or other team members retrieves the application from application. Paper applications must be do not have the experience described Grants.gov, HUD will provide an complete and submitted in their and the application does not electronic acknowledgment of receipt to entirety, via the USPS Express Mail. demonstrate that it has the capacity to the e-mail address provided on the SF a. 5. General Section References. The carry out your Revitalization plan. You 424. Proof of Timely submission shall following sub-sections of Section IV. of will also receive 0 points if your be the date and time that grants.gov the General Section are hereby application does not address this factor receives your application submittal and incorporated by reference: to an extent that makes HUD’s rating of the date HUD receives those portions of (1) Addresses to Request Application this factor possible. your application submitted by facsimile. Package; c. Development Capacity of All facsimile transmissions must be (2) Application Kits; Applicant—6 points. received by the application submission (3) Guidebook and Further (1) You will receive up to 6 points if date and time. Information; and your application demonstrates that: Applications received by Grants.gov, (5) Addresses. (i) You have identified potential gaps after the established submission date for in your current staffing in relation to the program will be considered late and V. Application Review Information development activities, and you have will not be considered for funding by A. Criteria plans to fill such gaps, internally or HUD. Similarly, applications will be externally, in a timely manner in order considered late if information submitted 1. Rating Factor: Capacity—27 Points to implement successfully your by facsimile as part of the application is Total Revitalization plan; not received by HUD by the established a. Your Team. The term ‘‘your Team’’ (ii) You have demonstrated that submission date. Please take into includes PHA staff who will be involved physical development activities will account the transmission time required in HOPE VI grant administration, and proceed as promptly as possible for submitting your application via the any alternative management entity that following grant award, and you will be Internet and the time required to submit will manage the revitalization process, able to begin significant construction any related documents via electronic be responsible for meeting construction within 18 months of the award of the facsimile. HUD suggests that applicants time tables, and obligating amounts in a grant.
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(iii) Your program schedule indicates Percent of public housing unit pro- Points f. Property Management Capacity—5 the date on which the development duction completed deducted points. proposal, i.e., whether mixed-finance (1) Property management activities development, homeownership Grants Awarded in FY 1993– may be the responsibility of the PHA or development, etc., for each phase of the 1998: another member of the team, which may Less than 100 Percent ...... 5 revitalization plan will be submitted to Grants Awarded in FY 1999: include a separate entity that you have HUD. For application evaluation only, 90–100 Percent ...... 0 procured or will procure to carry out you should assume the award and post- 80–89 Percent ...... 1 property management activities. In your award dates in Section IV.B.4.d. of this 75–79 Percent ...... 2 application you will describe the NOFA; and 70–74 Percent ...... 3 number of units and the condition of the (iv) Your management experience and 65–69 Percent ...... 4 units currently managed by you or your previous experience with development Less than 65 Percent ...... 5 property manager, your annual budget activities, including the dollar amount Grants Awarded in FY 2000: for those activities, and any awards or and timeframe for completion of the 80–100 Percent ...... 0 70–79 Percent ...... 1 recognition that you or your property project(s), is sufficient to show that you 60–69 Percent ...... 2 manager have received. have experience in overseeing 50–59 Percent ...... 3 (2) Past Property Management affordable housing development, 40–49 Percent ...... 4 Experience—3 points. whether it be in-house or implemented Less than 40 Percent ...... 5 (a) You will receive up to 3 points if by a private entity. Grants Awarded in FY 2001: your application demonstrates that you (2) You will receive up to 4 points if 60–100 ...... 0 or your property manager currently have your application demonstrates that you 50–59 Percent ...... 1 extensive knowledge and recent (within have had experience in managing 40–49 Percent ...... 2 30–39 Percent ...... 3 the last five years), successful affordable housing development in 20–29 Percent ...... 4 experience in property management of accordance with the factors above, but Less than 20 Percent ...... 5 the housing types included in your your experience has not been extensive, Grants Awarded in FY 2002: revitalization plan. This may include and your project(s) were completed 25–100 Percent ...... 0 market-rate rental housing, public within the timeframe originally 20–24 Percent ...... 1 housing, and other affordable housing, established for the project. 15–19 Percent ...... 2 including rental units developed with 10–14 Percent ...... 3 (3) You will receive up to 1 point if low-income housing tax credit your application demonstrates that you 5–9 Percent ...... 4 Less than 5 Percent ...... 5 assistance. If your Revitalization plan have had experience in managing includes cooperatively-owned housing, affordable housing development in e. CSS Program Capacity—3 points. rent-to-own units, or other types of accordance with the factors above, but See Sections I.D.10., and III.C.4.l. and managed housing, in order to receive your experience has not been extensive, m., of this NOFA for detailed the points for this factor, you must and your project(s) were not completed information on CSS activities. demonstrate recent, successful within the timeframe originally (1) You will receive 2 points if your experience in the management of such established for the project. application demonstrates one of the housing by the relevant member(s) of (4) You will receive 0 points if your following. If you fail to demonstrate one your team. application does not demonstrate any of the following, you will receive 0 (b) You will receive 1 point if your experience in managing development points: application demonstrates that you or activities, or if your application does not (a) If you propose to carry out your your property manager has some but not address this factor to an extent that CSS plan in-house and you have recent, extensive experience of the kind makes HUD’s rating of this factor quantifiable, successful experience in required for your Revitalization plan. possible. planning, implementing, and managing (c) You will receive 0 points if your d. Capacity of Existing HOPE VI the types of CSS activities proposed in application does not demonstrate that Revitalization Grantees. your application, or you or your property manager have the (1) This Section applies only to (b) If you propose that a member(s) of experience to manage your proposed applicants that have received HOPE VI your team will carry out your CSS plan, plan, or if your application does not Revitalization grants for fiscal years that this procured team member(s) has address this factor to an extent that 1993–2002. If an applicant has more the qualifications and demonstrated makes HUD’s rating of this factor than one HOPE VI Revitalization grant, experience to plan, implement, manage, possible. each will be rated separately, not and coordinate the types of activities (3) Property Management Plan—2 averaged, and the highest deduction proposed, and that you have a plan for points. will be made. Applicants with HOPE VI promptly hiring staff or procuring a (a) You will receive up to 2 points if Revitalization grants only from FY2003 team member to do so. your application demonstrates that you or FY2004, or no existing HOPE VI (2) You will receive 1 point if your or your property manager have the goals Revitalization grants are not subject to application demonstrates that: and plans necessary to administer the this section. (a) You have an existing HOPE VI following elements of a property (2) As indicated in the following grant and your current CSS team will be management plan: tables, up to 5 points will be deducted adequate to implement a new program, (i) Property maintenance if a grantee has failed to achieve including new or changing programs, (ii) Rent collection adequate progress in relation to without weakening your existing team. (iii) PIC 50058 reporting cumulative public housing rental unit (b) You do not have an existing HOPE (iv) Site-based management production. Production achievement VI Revitalization grant and you experience numbers will be taken from the demonstrate how your proposed CSS (v) Tenant grievances quarterly reporting system for the team will be adequate to implement a (vi) Evictions quarter most recently completed at the new program, including new or (vii) Occupancy rate time the NOFA is published in the changing services, without weakening (viii) Unit turnaround Federal Register. your existing staffing structure. (ix) Preventive maintenance
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(x) Work order completion compare it to your previous Prevalence infrastructure, roofs, electrical, (xi) Project-based budgeting Report scores for the same maintenance plumbing, heating and cooling, (xii) Management of Homeownership defects. mechanical systems, settlement, and and rent-to-own programs (2) Vacant Targeted Project. You will other deficiencies in Housing Quality (xiii) Energy Audits receive 2 points if your application Standards. (xiv) Utility/Energy Incentives demonstrates that, on the application (b) You will receive up to 3 points if (b) You will receive 0 points if your submission date, the targeted project your application demonstrates that there application does not demonstrate that was vacant. are poor soil conditions, inadequate you or your property manager have the (3) Occupied Targeted Project. drainage, deteriorated laterals and goals and plans necessary to administer (a) You will receive 2 points if your sewers, and inappropriate topography. the above elements of a property Prevalence Report score for the above (c) You will receive up to 4 points if management plan. ‘‘TOP 20’’ maintenance defects has your application demonstrates that the g. PHA or MTW Plan—1 point. improved. project has at least three of the following (1) You will receive 1 point if your (b) You will receive 0 points if your major design deficiencies, including: application demonstrates that you have Prevalence Report score for the above (i) Inappropriately high population incorporated the revitalization plan ‘‘TOP 20’’ maintenance defects has not density, room, and unit size and described in your application into your improved. configurations; most recent PHA plan or MTW Annual (4) MTW PHA. For this rating factor, (ii) Isolation; plan (whether approved by HUD or MTW PHA applicants will be rated on (iii) Indefensible space; pending approval). In order to qualify as their compliance with their MTW (iv) Significant utility expenses ‘‘incorporated’’ under this factor, your Agreements. caused by energy conservation PHA or MTW plan must indicate the (a) If you are in compliance with your deficiencies that may be documented by intent to pursue a HOPE VI MTW Agreement, you will receive 2 an energy audit; and Revitalization grant and the public points. (v) Inaccessibility for persons with housing development for which it is (b) If you are not in compliance with disabilities with regard to individual targeted. your MTW Agreement, you will receive units (less than 5 percent of the units (2) You will receive 0 points if you zero points. are accessible), entranceways, and have not incorporated the revitalization j. Section 8 Management Assessment common areas. plan described in your application into Program (SEMAP)—2 points. b. Impact of the Severely Distressed your PHA or MTW plan, or if your (1) If you have been rated as a High Site on the Surrounding application does not address this factor Performer for your most recent SEMAP Neighborhood—3 Points to an extent that makes HUD’s rating of rating as of the application submission (1) HUD will evaluate the extent to this factor possible. date, you will receive 2 points. which the severely distressed public h. Public Housing Assessment System (2) If you have been rated as Standard housing project is a significant (PHAS)—2 points. for your most recent SEMAP rating as of contributing factor to the physical (1) If you have been rated as an the application submission date, you decline of, and disinvestment by, public Overall High Performer for your most will receive 1 point. and private entities in the surrounding recent PHAS review as of the (3) If you have been rated as Troubled neighborhood. In making this application submission date, you will for your most recent SEMAP rating as of determination, HUD will evaluate your receive 2 points. the application submission date, you narrative, crime statistics, photographs (2) If you have been rated as an will receive zero points. or renderings, socio-economic data, Overall Standard Performer for your (4) For this rating factor, MTW PHA trends in property values, evidence of most recent PHAS review as of the applicants will be rated on their property deterioration and application submission date, you will compliance with their MTW abandonment, evidence of receive 1 point. Agreements. underutilization of surrounding (3) If you have been rated as a (a) If you are in compliance with your properties, and indications of Troubled Performer that is either MTW Agreement, you will receive 2 neighborhood disinvestment. Troubled in One Area or Overall points. (2) You will receive up to 3 Points if Troubled as of the application (b) If you are not in compliance with your application demonstrates that the submission date, you will receive 0 your MTW Agreement, you will receive project has a significant impact on the points. zero points. surrounding neighborhood, as (4) For this rating factor, MTW PHA documented by each item listed above. applicants will be rated on their 2. Rating Factor: Need—24 Points Total (3) You will receive up to 2 Points if compliance with their MTW a. Severe Physical Distress of the your application demonstrates that the Agreements. Public Housing Development—10 Points project has a moderate impact on the (a) If you are in compliance with your (1) HUD will evaluate the extent of neighborhood, and only some of the MTW Agreement, you will receive 2 the severe physical distress of the items listed above are adequately points. targeted public housing development. If documented. (b) If you are not in compliance with the targeted units have already been (4) You will receive 0 Points if your your MTW Agreement, you will receive demolished, HUD will evaluate your application does not demonstrate that zero points. description of the extent of the severe the project has an impact on the i. Regular Maintenance—2 points. physical distress of the site as of the day surrounding neighborhood, or if your (1) Unless the targeted project is the demolition application was application does not address this factor vacant, your normal practice should be approved by HUD. You will receive to an extent that makes HUD’s rating of to continue regular maintenance. HUD points for the following separate this factor possible. will measure your most recent PHAS subfactors, as indicated. c. Need for HOPE VI Funding—8 physical inspection Prevalence Report (a) You will receive up to 3 points if Points scores for the maintenance defects that your application demonstrates that there (1) HUD will evaluate the extent to are included in the ‘‘TOP 20’’ and are major deficiencies in the project’s which you could undertake the
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proposed revitalization activities housing site. You should base your that will be leveraged by the HOPE VI without a HOPE VI grant. Large amounts calculation only on the federal public grant as a percentage of the amount of of available Capital Funds indicate that housing units you manage. You may not HOPE VI funds requested. There are the revitalization could be carried out exclude units in your public housing four types of Leverage: Development without a HOPE VI grant. Available inventory that are being reserved for and CSS, as described in ‘‘Program Capital Funds are defined as non- relocation needs related to other HOPE Requirements,’’ Section III.C.4.e. of this obligated funds that have not been VI Revitalization grant(s); or units in NOFA, and Anticipatory, and Collateral earmarked for other purposes in your your public housing inventory that are as described in this rating factor. Each PHA Plan. To determine the amount of being held vacant for uses related to a resource may be used for only one FY 2000–2005 Capital Fund Program Section 504 voluntary compliance leverage category. Any resource listed in (including CIAP and CGP) funds agreement. If you are a non-MTW site, more than one category will be currently available that could be used to you must use information consistent disqualified from all categories. If carry out the proposed revitalization with the Section Eight Management leverage sources and amounts are not activities, HUD will employ data from Assessment Program (SEMAP) and/or documented in accordance with LOCCS available at the time of the grant the Public Housing Assessment System Sections III.C.4. and IV.B.6.c. of this application submission date and (PHAS) submissions. If you are an MTW NOFA, they will not be counted toward information from the portions of the site, and do not report into SEMAP and/ your leverage amounts. In determining PHA Plan that you have submitted as or PHAS, you must demonstrate your Leverage ratios, HUD will include as part of your application. Funds utilization and/or occupancy rate using Leverage the match amounts that are earmarked in the PHA Plan for uses similar methods and information required by Section III.B. of this NOFA. other than the revitalization proposed in sources in order to earn points under b. Development Leveraging—7 Points this application will not be considered this rating factor. For each commitment document, available. See Section IV.B. of this (3) You will receive 3 Points if your HUD will evaluate the strength of NOFA for documentation requirements. application demonstrates that the higher commitment and add the amounts that (2) You will receive 8 Points if your of: are acceptably documented. HUD will available Capital Funds balance is up to (a) The utilization rate of your then calculate the ratio of the amount of 20 percent of the amount of HOPE VI Housing Choice Voucher program is 97 HUD funds requested to the amount of funds requested. percent or higher; or funds that HUD deems acceptably (3) You will receive 6 Points if your (b) The occupancy rate of your public documented. HUD will round figures to available balance is 21–45 percent of the housing inventory is 97 percent or two decimal points, using standard amount of HOPE VI funds requested. higher. rounding rules. See Section IV.B.6. of (4) You will receive 4 Points if your (c) HUD will use the higher of the two this NOFA for documentation available balance is 46–70 percent of the rates to determine your score. requirements. amount of HOPE VI funds requested. (4) You will receive 2 Points if your (1) LIHTC. Only LIHTC commitments (5) You will receive 2 Points if your application demonstrates that the higher that have been secured as of the available balance is 71 to 90 percent of of: application submission date will be the amount of HOPE VI funds requested. (a) The utilization rate of your considered for the scoring under this (6) You will receive zero Points if Housing Choice Voucher program is section. LIHTC commitments that are your available balance is more than 90 between 95 and 96 percent; or, not secured (i.e., documentation in the percent of the amount of HOPE VI funds (b) The occupancy rate of your public application does not demonstrate they requested. housing inventory is between 95 and 96 have been reserved by the state or local d. Need for Affordable Accessible percent. housing finance agency) will not be Housing in the Community—3 Points (c) HUD will use the higher of the two counted as leverage for scoring under (1) Your application must rates to determine your score. this section. Only tax credits that have demonstrate the need for other housing (5) You will receive 1 Point if your been reserved specifically for available and affordable to families application demonstrates that the higher revitalization performed through this receiving tenant-based assistance under of: NOFA will be counted as development section 8 (HCV), as described below and (a) The utilization rate of your leverage. must be the most recent information Housing Choice Voucher program is (2) Private mortgage-secured loans available at the time of the application between 93 and 94 percent; or and other debt. deadline. (b) The occupancy rate of your public (a) Where there is both a construction (2) For purposes of this factor, the housing inventory is between 93 and 94 loan and a permanent take-out loan that need for affordable housing in the percent. will replace that construction loan, you community will be measured by (c) HUD will use the higher of the two must provide documentation of both, Housing Choice Voucher program rates to determine your score. but only the value of the permanent utilization rates or public housing (6) You will receive 0 Points if both loan will be counted as leverage. occupancy rates, whichever of the two the utilization rate of your Housing (b) For privately financed reflects the most need. In figuring the Choice Voucher program and the homeownership construction loans, Housing Choice Voucher utilization occupancy rate of your public housing acceptable documentation of rate, determine and provide the inventory are less than 93 percent. construction loans will be considered as percentage of HCV units out of the total leverage. Documentation of permanent 3. Rating Factor: Leveraging—16 Points number authorized or the percentage of financing is not required. HCV funds expended out of the total Total (c) If you have obtained a construction amount authorized, whichever a. Leverage. Although related to loan but not a permanent loan, the value percentage is higher. In figuring the match, leverage is strictly a rating factor. of the acceptably documented public housing occupancy rate, provide Leverage consists of firm commitments construction loan will be counted as the percentage of units occupied out of of funds and other resources. HUD will leverage. the total in your federal public housing rate your application based on the (3) You will receive 7 Points if the inventory, excluding the targeted public amount of funds and other resources ratio of the amount of HOPE VI funds
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requested for physical development revitalization activities (including (1) You will receive 2 Points if the activities (not including CSS, demolition) in previous years in ratio of the amount of HOPE VI funds administration or relocation) to the anticipation of your receipt of a HOPE requested for physical development dollar value of documented, committed VI Revitalization grant. These activities (not including CSS or development resources from other expenditures, if documented, may be administration) to the amount of your sources is 1:3 or higher. counted as leveraged anticipatory documented collateral resources is 1:1.0 (4) You will receive 6 Points if the resources. They cannot duplicate any or higher. ratio is between 1:2.50 and 1:2.99 other type of resource and cannot be (2) You will receive 0 Points if the (5) You will receive 5 Points if the counted towards match. Public Housing ratio of the amount of HOPE VI funds ratio is between 1:2.0 and 1:2.49. funds other than HOPE VI requested for physical development (6) You will receive 4 Points if the Revitalization, e.g., HOPE VI Demolition activities (not including CSS or ratio is between 1:1.50 and 1:1.99. grant funds, HOPE VI Neighborhood administration) to the amount of your (7) You will receive 3 Points if the Networks grant funds, Capital Fund documented collateral resources is less ratio is between 1:1.0 and 1:1.49. Program, may be included, and will be than 1:1.0. (8) You will receive 2 Points if the counted, toward your Anticipatory 4. Rating Factor: Resident and ratio is between 1:0.50 and 1:0.99. Resources rating below. For Community Involvement—3 Points (9) You will receive one Point if the Anticipatory Resources ratios, ‘‘HOPE Total ratio is between 1:0.25 to 1:0.49. VI funds requested for physical (10) You will receive 0 Points if the development activities’’ is defined as a. HUD will evaluate the nature, ratio is less than 1:0.25, or if your your total requested amount of funds extent, and quality of the resident and application does not address this factor minus your requested CSS, community outreach and involvement to an extent that makes HUD’s rating of administration amounts, and relocation. you have achieved by the time your this factor possible. HUD will presume that your combined application is submitted, as well as your c. CSS Leveraging—5 Points CSS, administration and relocation plans for continued and additional (1) Note that in order to count as amounts are the total of Budget Line outreach and involvement beyond the leverage, CSS contributions must be Items 1408 (excluding non-CSS minimum threshold requirements. See newly generated. Existing and newly Management Improvements), 1410, and Section III.C. of this NOFA for Resident generated TANF cash benefits will not 1495 on the form HUD–52825–A, and Community Involvement count as leverage. Newly generated non- ‘‘HOPE VI Budget’’ that is included in requirements. cash services provided by TANF your application. b. Resident and Community agencies will count as leverage. (1) You will receive 2 Points if the Involvement—3 Points (2) You will receive 5 Points if the ratio of the amount of HOPE VI funds ratio of the amount of HOPE VI funds You will receive one Point for each of requested for physical development requested for CSS activities to the dollar the following criteria met in your activities to the amount of your value of documented, committed CSS application, which are over and above documented anticipatory resources is resources leveraged from other sources the threshold requirements listed in 1:0.1 or higher. is 1:2 or higher. Note that wages Section III.C.4. of this NOFA. projected to be paid to residents through (2) You will receive 0 Points if the (1) Your application demonstrates jobs, or projected benefits (e.g., health/ ratio of the amount of HOPE VI funds that you have communicated regularly insurance/retirement benefits) related to requested for physical development and significantly with affected projected resources to be provided by activities, to the amount of your residents, state and local governments, CSS partners are not sources of leverage. documented anticipatory resources is private service providers, financing If no HOPE VI funds are requested for less than 1:0.1. entities, developers, and other members CSS activities because all CSS funds e. Collateral Investment Leveraging— of the surrounding community about the will come from outside sources, all 2 Points development of your Revitalization plan adequately-documented funds from Collateral investment includes by giving residents and community such outside sources will be counted physical redevelopment activities that members information about your actions and you will receive 5 Points. are currently underway, or that have yet regarding the Revitalization plan and (3) You will receive 4 Points if the to begin but are projected to be providing a forum where residents and ratio is between 1:1.75 and 1:1.99. completed before October 1, 2010. In community members can contribute (4) You will receive 3 Points if the order for a leverage source to be counted recommendations and opinions with ratio is between 1:1.5 and 1:1.749. as collateral investment, your regard to the development and (5) You will receive 2 Points if the application must demonstrate that the implementation of the Revitalization ratio is between 1:1.25 and 1:1.49. related activities will directly enhance plan. (6) You will receive one Point if the the new HOPE VI community, but will (2) Your application demonstrates ratio is between 1:1 and 1:1.249. occur whether or not a Revitalization your efforts, past and proposed, to make (7) You will receive 0 Points if the grant is awarded to you and the public appropriate HUD communications about ratio is less than 1:1, or if your housing project is revitalized. This HOPE VI available to affected residents application does not address this factor includes economic or other kinds of and other interested parties, e.g., a copy to an extent that makes HUD’s rating of development activities that would have of the NOFA, computer access to the this factor possible. occurred with or without the HUD Web site, etc. d. Anticipatory Resources anticipation of HOPE VI funds. These (3) Your application demonstrates Leveraging—2 Points resources cannot duplicate any other your plans to provide affected residents Anticipatory Resources relate to type of resource and cannot be counted with reasonable training on the general activities that have taken place in the as match. Examples of collateral principles of development, technical past and that were conducted in direct investments include local schools, assistance, and capacity building so that relation to a HOPE VI Revitalization libraries, subways, light rail stations, they may participate meaningfully in grant. In many cases, PHAs, cities, or improved roads, day care facilities, and the development and implementation other entities may have carried out medical facilities. process.
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5. Rating Factor: Community and HOPE VI public housing families not units, priority for future occupancy of Supportive Services—13 Points Total headed by an elderly or disabled person those planned units; and a. CSS Program Requirements. See to other public housing if they have not (c) contains a description of specific Section III.C.4.l. and m. for CSS program attained housing self-sufficiency, i.e., do CSS activities that will be provided to requirements. In your application, you not have the ability to transition out of residents prior to any relocation; b. You will receive up to 4 Points for will describe your CSS plan, including public housing, within ten (10) years this Factor if: Your Relocation Plan any plans to implement a CSS after the date that they occupied their units. complies with only two of the goals in Endowment Trust. Each of the following (3) You will receive 0 points if you do (a) through (c) above. subfactors will be rated separately. not demonstrate that you plan to move c. You will receive up to 2 Points for b. Case Management—2 points. You HOPE VI public housing families not this Factor if: Your Relocation Plan will receive 2 Points if your application headed by an elderly or disabled person complies with only one of the demonstrates that you will be able to to other public housing if they have not requirements in (a) through (c) above. provide case management within 30 attained housing self-sufficiency, i.e., do d. You will receive 0 Points for this days from the date of grant award not have the ability to transition out of Factor if: (1) Your Relocation Plan does execution so that residents who will be public housing, within at least ten (10) not comply with any of the relocated have time to participate and years after they have occupied their requirements in (a) through (c) above; or benefit from CSS activities before units. (2) Your application does not address leaving the site. f. Partner Commitments—1 point. this factor to an extent that makes c. Needs Identification—1 point. You You will receive one Point if you HUD’s rating of this factor possible. will receive one Point if your CSS provide letters from a variety of 7. Rating Factor: Fair Housing and Equal Program has been developed in experienced organizations and service Opportunity—5 Points Total response to a rigorous resident needs providers that represent strong identification process and directly relationships and commitments to a. FHEO Disability Issues—3 Points responds to the identified needs. participate in your CSS activities and Total. (1) Accessibility—2 Points. d. Transition to Housing Self- accomplish your CSS goals of the (a) Over and above the accessibility Sufficiency—5 points. You will receive program. requirements listed in Section III.C. of up to 5 Points if you address the g. Quality and Results Orientation—2 this NOFA, you will receive 2 Points if methods you will use to assist public points. You will receive 2 Points if you your application demonstrates that you housing residents in their efforts to have proposed a high quality, results- have a detailed plan to: transition to other affordable and oriented CSS program that is based on (i) Provide accessibility in market-rate housing, i.e., to gain a comprehensive case management homeownership units (e.g., setting a ‘‘housing self-sufficiency.’’ system and enables residents affected by goal of constructing a percentage of the (1) You will receive up to 5 Points if the revitalization plan to access, at a homeownership units as accessible your application demonstrates that your minimum, basic elements of education, units for persons with mobility CSS Program includes and addresses all job training, and other services that will impairments; promising to work with three of the below items. Your CSS assist them in transforming their lives prospective disabled buyers on Program: and becoming self-sufficient. modifications to be carried out at a (a) Provides measurable outcomes for buyer’s request; exploring design this endeavor; 6. Rating Factor: Relocation—5 Points alternatives that result in townhouses (b) Relates your other CSS and FSS Total that are accessible to persons with activities and efforts to the transition of See Sections III.C.4. of this NOFA for disabilities); public housing residents to housing self- Relocation and Relocation Plan (ii) Provide accessible units for all sufficiency; and requirements. For all applicants, eligible populations ranging from one- (c) Specifically addresses the whether you have completed, or have bedroom units for non-elderly single grassroots, community-based and faith- yet to complete, relocation of all persons with disabilities through units based organizations, etc. that will join residents of the targeted project, your in all bedroom sizes to be provided.; you in the endeavor. HOPE VI Relocation Plan must include (iii) Provide for accessibility (2) You will receive up to 2 Points if the three goals set out in Section 24 of modifications, where necessary, to your CSS Program includes and the 1937 Act, as described in Sections Housing Choice Voucher-assisted units addresses at least two of the above three a.(1)(a), (b) and (c) below. a. You will of residents who relocate from the items (a) through (c) above. receive up to 5 Points for this Factor if: targeted project to private or other (3) You will receive 0 Points if your (1) Your Relocation plan: public housing due to revitalization CSS Program includes and addresses (a) Includes a description of specific activities. The Department has less than two of the above items (a) activities that have minimized, or will determined that the costs of such through (c) above. minimize, permanent displacement of modifications are eligible costs under e. Housing Self-Sufficiency Time residents of the units that will be the HOPE VI program; Frame—2 points. (1) You will receive 2 rehabilitated or demolished in the (iv) Where playgrounds are planned, points if you demonstrate that you plan targeted public housing site, provided propose ways to make them accessible to move HOPE VI public housing that those residents wish to remain in or to children with disabilities, over and families not headed by an elderly or return to the revitalized community; above statutory and regulatory disabled person to other public housing (b) Includes a description of specific requirements; and if they have not attained housing self- activities that will give existing (v) Where possible, design units with sufficiency, i.e., do not have the ability residents priority over other families for accessible front entrances. to transition out of public housing, future occupancy of public housing (b) You will receive 1 Point if your within five (5) years after the date that units in completed HOPE VI application demonstrates that you have they occupied their units. Revitalization Development projects, or, a detailed plan to implement from one (2) You will receive 1 point if you for existing residents that can afford to to four of the accessibility priorities demonstrate that you plan to move live in non-public housing HOPE VI stated above, explaining why and how
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you will implement the identified discriminatory basis and with a broad that not only meets the minimum accessibility priorities. spectrum of incomes to the revitalized requirements described in Section (1) (c) You will receive 0 Points if your site through intensive affirmative above but also exceeds those application does not demonstrate that marketing efforts and how these efforts requirements. Your plan must include you have a detailed plan that meets the contribute to the deconcentration of your goals by age group, types of jobs, specifications above, or if your low-income neighborhoods; and other opportunities to be provided, application does not address this factor (ii) You have made and will make and plans for tracking and evaluation. to an extent that makes HUD’s rating of specific efforts to target your marketing Section 3 firms must be in place quickly this factor possible. and outreach activities to those persons so that residents are trained in time to (2) Universal Design—1 Point. and groups least likely to know about take advantage of employment (a) You will receive 1 Point if your these housing opportunities, in order to opportunities such as jobs and other application demonstrates that you have promote housing choice and contractual opportunities in the pre- a specific plan to meet: opportunity throughout your development, demolition, and (i) The adaptability standards adopted jurisdiction and contribute to the construction phases of the by HUD at 24 CFR 8.3 that apply to deconcentration of both minority and revitalization. Your Section 3 plan must those units not otherwise covered by the low-income neighborhoods. In your demonstrate that you will, to the accessibility requirements. Adaptability application, you must describe how greatest extent feasible, direct training, is the ability of certain elements of a your outreach and marketing efforts will employment, and other economic dwelling unit, such as kitchen counters, reach out to persons of different races opportunities to: sinks, and grab bars, to be added to, and ethnic groups, families with or (a) Low- and very low-income raised, lowered, or otherwise altered, to without children, persons with persons, particularly those who are accommodate the needs of persons with disabilities and able-bodied persons, recipients of government assistance for or without disabilities, or to and the elderly; and housing, and accommodate the needs of persons with (iii) The specific steps you plan to (b) Business concerns which provide different types or degrees of disability. take through your proposed activities to economic opportunities to low- and For example, the wiring for visible affirmatively further fair housing. These very low-income persons. emergency alarms may be installed so steps can include, but are not limited to: (3) You will receive 0 Points if your that a unit can be made ready for (A) Addressing impediments to fair plan to implement Section 3 does not occupancy by a hearing-impaired housing choice relating to your meet the standards listed in Section (1) person (For information on adaptability, operations; above, or if your application does not see http://www.hud.gov/ (B) Working with local jurisdictions to address this factor to an extent that offices/pih/programs/ph/hope6/pubs/ implement their initiatives to makes HUD’s rating of this factor glossary.pdf); and affirmatively further fair housing; possible. (ii) The visitability standards (C) Implementing, in accordance with recommended by HUD that apply to Departmental guidance, relocation plans 8. Rating Factor: Well-Functioning units not otherwise covered by the that result in increased housing choice Communities—8 Points Total accessibility requirements. Visitability and opportunity for residents affected a. Affordable Housing—Up to 3 Points standards allow a person with mobility by HOPE VI revitalization activities (1) Housing Definitions. For the impairments access into the home, but funded under this NOFA; purposes of this rating section, housing do not require that all features be made (D) Implementing admissions and units are defined differently than in PIH accessible. A visitable home also serves occupancy policies that are housing programs, as follows: persons without disabilities, such as a nondiscriminatory and help reduce (a) ‘‘project-based affordable housing mother pushing a stroller or a person racial and national origin units’’ are defined as on-site and off-site delivering a large appliance. See concentrations; and housing units where there are http://www.hud.gov/offices/pih/ (E) Initiating other steps to remedy affordable-housing use restrictions on programs/ph/hope6/pubs/glossary.pdf discrimination in housing and promote the unit, e.g., public housing, project- for information on visitability. The two fair housing rights and fair housing based HCV (Section 8) units, LIHTC standards of visitability are: choice. (A) At least one entrance at grade (no (b) You will receive 0 Points if you do units, HOME units, affordable steps), approached by a sidewalk; and not address all of the above issues, or if homeownership units, etc. (B) The entrance door and all interior your application does not address this (b) ‘‘public housing’’ is defined as passage doors are at least 2 feet 10 factor to an extent that makes HUD’s rental units that will be subject to the inches wide, allowing 32 inches of clear rating of this factor possible. ACC. passage space. c. Economic Opportunities for Low- (2) Unit Mix and Need for Affordable (b) You will receive 0 Points if your and Very Low-Income Persons (Section Housing. application does not demonstrate that 3)—1 Point. (1) HOPE VI grantees must (a) Your proposed unit mix should you have specific plans to implement comply with Section 3 of the Housing sustain or create more project-based both (i) and (ii) as specified above, or if and Urban Development Act of 1968 (12 affordable housing units that will be your application does not address this U.S.C. 1701u) (Economic Opportunities available to persons eligible for public factor to an extent that makes HUD’s for Low- and Very Low-Income Persons housing in markets where the plan rating of this factor possible. in Connection with assisted Projects) shows there is demand for the b. Fair Housing and Affirmative and its implementing regulations at 24 maintenance or creation of such units. Marketing—1 Point Total. (1) Fair CFR part 135. Information about Section While it is up to you to determine the Housing—1 Point. 3 can be found at HUD’s Section 3 Web unit mix that is appropriate for your (a) You will receive one Points if your site at http://www.hud.gov/fhe/ site, it is essential that this unit mix application demonstrates that: sec3over.html. include a sufficient amount of public (i) You have made and will make (2) You will receive 1 Point if your housing rental units and other project- specific efforts to attract families from application demonstrates that you have based affordable units. To the extent all segments of the population on a non- a feasible plan to implement Section 3 that the local market shows there is a
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demand for it, applicants are (i) The utilization rate of your your Revitalization plan, you are not encouraged to create additional project- Housing Choice Voucher program is 95 eligible to receive this point. based affordable housing units to be percent or more; and (c) If you propose an off-site housing made available for persons eligible for (ii) The occupancy rate of your public component in your application, you public housing. housing inventory is 95 percent or more. must be sure to include that component (b) For purposes of this factor, HUD (iii) If either (i) or (ii) above are less when you discuss other components will determine whether you need than 95 percent, you do not need (e.g. on-site housing, homeownership project-based affordable housing by affordable housing. You qualify for (3) housing, etc.). Throughout your using your Housing Choice Voucher above, not this section (4). application, your unit counts and other program utilization rate or public (b) The percentages below are defined numerical data must take into account housing occupancy rate, whichever of as the number of planned project-based the off-site component. the two reflects the least need. In affordable units divided by the number (2) Scoring. figuring the Housing Choice Voucher of public housing units that the targeted You will receive 1 Point if you utilization rate, determine and provide project contained on the application propose to develop an off-site housing the percentage of HCV units out of the submission date; component(s) and document that: you total number authorized or the (c) You will receive 3 Points if your have site control of the property(ies), percentage of HCV funds expended out application demonstrates that the that the site(s) meets all environmental of the total amount authorized, number of project-based affordable units review requirements, and that the site(s) whichever percentage is higher. In in your plan is 125 percent or more of meets site and neighborhood standards, figuring the public housing occupancy the number of public housing units that in accordance with Section III.C.4.n.(1) rate, provide the percentage of units the targeted project contained on the of this NOFA. occupied out of the total in your federal application submission date; c. Homeownership Housing—4 Points public housing inventory, excluding the (iv) You will receive 2 Points if your The Department has placed the units in the targeted project. You should application demonstrates that the highest priority on increasing base your calculation only on the number of project-based affordable units homeownership opportunities for low- federal public housing units you in your plan is 110 to 124 percent of the and moderate-income persons, persons manage. You may not exclude units in number of public housing units that the with disabilities, the elderly, minorities, your public housing inventory that are targeted project contained on the and families where English may be a being reserved for relocation needs application submission date second language. Too often these related to other HOPE VI Revitalization (v) You will receive 1 Point if your individuals and families are shut out of grant(s); or units in your public housing application demonstrates that the the housing market through no fault of inventory that are being held vacant for number of project-based affordable units their own. HUD encourages applicants uses related to a Section 504 voluntary in your plan is 100 to 109 percent of the to work aggressively to open up the compliance agreement. If you are a non- number of public housing units that the realm of homeownership. (1) Your application will receive 4 MTW site, you must use information targeted project contained on the Points if your application demonstrates consistent with the Section Eight application submission date. that your Revitalization plan includes Management Assessment Program (vi) You will receive 0 Points if your homeownership and that you have a (SEMAP) and/or the Public Housing application demonstrates that the feasible, well-defined plan for Assessment System (PHAS) number of project-based affordable units homeownership. In order to submissions. If you are an MTW site, in your plan is less than the number of demonstrate this, your application and do not report into SEMAP and/or public housing units that the targeted should include descriptions of the PHAS, you must demonstrate your project contained on the application utilization and/or occupancy rate using following: submission date or if your application (a) The purpose of your similar methods and information does not address this factor to an extent sources in order to earn points under homeownership program; that makes HUD’s rating of this factor (b) The number of units planned and this rating factor. possible. (3) Scoring when there will be No their location(s); b. Off-Site Housing—1 Point Need for More Affordable Housing after (c) A description and justification of (1) Factor Background the Targeted Project is Demolished—1 the families that will be targeted for the (a) Although not required, you are Point. program; (a) You will receive 1 Point for this encouraged to consider development of (d) The proposed source of your factor if your application demonstrates replacement housing in locations other construction and permanent financing that either: than the original severely distressed site of the units; and (i) The utilization rate of your (i.e., off-site housing). Locating off-site (e) A description of the Housing Choice Voucher program is less housing in neighborhoods with low homeownership counseling you or a than 95 percent; or levels of poverty and low concentrations HUD-approved housing counseling (ii) The occupancy rate of your public of minorities will provide maximized agency will provide to prospective housing inventory is less than 95 housing alternatives for low-income families, including such subjects as the percent. residents who are currently on-site and homeownership process, housing in (iii) If either (a) or (b) above is less assist the goal of creating desegregated, non-impacted areas, credit repair, than 95 percent, the other percentage mixed-income communities. The effect budgeting, and home maintenance. will be disregarded. on-site will be to assist in the (2) You will receive 2 Points for this (4) Scoring when there will be Need deconcentration of low-income factor if you address in your description for More Affordable Housing after the residents and increase the number of from one to four of the items listed Targeted Project is Demolished—up to 3 replacement units. under (1). Points. (b) Although it is acknowledged that (3) You will receive 0 Points for this (a) For this factor, HUD considers you off-site housing is not appropriate in factor if you do not propose to include in need of project-based affordable some communities, if you do not homeownership units in your housing if both: propose to include off-site housing in Revitalization plan, your proposed
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program is not feasible and well development activities, as appropriate, development facilities are thoroughly defined, or if your application does not will: integrated into the community through address this factor to an extent that (a) Result in a revitalized site that will the use of local architectural tradition, makes HUD’s rating of this factor enhance the neighborhood in which the building scale, grouping of buildings, possible. project is located; and design elements; and (b) Spur outside investment into the (c) Your plan proposes appropriate 9. Rating Factor: Soundness of surrounding community; enhancements of the natural Approach—26 Points Total (c) Enhance economic opportunities environment. a. Quality and Consistency of the for residents; and (2) You will receive one Point if your Application—2 Points (d) Remove an impediment to proposed site plan, new dwelling units, (1) The information and strategies continued redevelopment or start a and buildings demonstrate design that described in your application must be community-wide revitalization process. adequately addresses one or two, but well organized, coherent, and internally (2) You will receive up to 3 Points if not all three of the elements in (1) consistent. Numbers and statistics in your application demonstrates that your above. your narratives must be consistent with Revitalization plan will have only a (3) You will receive 0 Points if your the information provided in the moderate effect on activities in the proposed design is perfunctory or attachments. Also, the physical and CSS surrounding community, as described in otherwise does not address the elements aspects of the application must be (a) through (d) above. in (1) above. You will also receive 0 compatible and coordinated with each (3) You will receive 0 Points if your Points if your application does not other. Pay particular attention to the application does not demonstrate that address this factor to an extent that data provided for: your Revitalization plan will have an makes HUD’s rating of this factor (a) Types and numbers of units; effect on the surrounding community, as possible. (b) Budgets; described in (a) through (d) above, or if f. Energy Star—1 Point (c) Other financial estimates, your application does not address this (1) Promotion of Energy Star including sources and uses; and factor to an extent that makes HUD’s compliance is a HOPE VI Revitalization (d) Numbers of residents affected. rating of this factor possible. program requirement. See Section (2) You will receive 2 points if your d. Project Readiness—7 Points III.C.4.g. of this NOFA. application demonstrates a high level of HUD places top priority on projects (2) You will receive 1 Point if your quality and consistency; that will be able to commence application demonstrates that you will: (3) You will receive 1 point if your immediately after grant award. You will (a) Use Energy Star labeled products; application has a high level of quality, receive the following points for each (b) Promote Energy Star design of but contains minor internal applicable subfactor certified in your replacement units; and discrepancies; application. (c) Include Energy Star in (4) You will receive 0 points if your (1) You will receive 2 Points if the homeownership counseling. application fails to demonstrate an targeted severely distressed public (2) You will receive 0 Points if your acceptable level of quality and housing site is completely vacant, i.e., application does not demonstrate that consistency; all residents have been relocated. you will perform (a) through (c) above. b. Appropriateness and Feasibility of (2) You will receive 2 Points if the g. Evaluation—3 Points the Plan—5 Points targeted severely distressed public You are encouraged to work with your (1) You will receive 5 points if your housing site is cleared, i.e., all buildings local university(ies), other institutions application demonstrates that your are demolished, or your Revitalization of learning, foundations, or others to Revitalization plan: plan only includes rehabilitation and no evaluate the performance and impact of (a) Is appropriate and suitable, in the demolition of public housing units.. their HOPE VI Revitalization plan over context of the community and other (3) You will receive 1 Point if a the life of the grant. The proposed revitalization options, in accordance Master Development Agreement (MDA) methodology must measure success with the Appropriateness of Proposal has been developed and is ready to against goals you set at the outset of threshold in Section III.C. of this NOFA; submit to HUD. However, in cases your revitalization activities. Evaluators (b) Is marketable, in the context of where the PHA (not an affiliate/ must establish baselines and provide local conditions; subsidiary/instrumentality) will act as ongoing interim reports that will allow (c) Is financially feasible, as its own developer for all components of you to make changes as necessary as demonstrated in the financial the Revitalization plan, then an MDA is your project proceeds. Where possible, structure(s) proposed in the application; not needed and the one point will be you are encouraged to form partnerships and awarded automatically. with Historically Black Colleges and (d) Fulfills the needs that your (4) You will receive 1 Point if your Universities (HBCUs); Hispanic-Serving application demonstrated for Rating preliminary site design is complete. Institutions (HSIs); Community Factor 2. (5) You will receive 1 Point if you Outreach Partnership Centers (COPCs); (2) You will receive 3 points if your have held five (5) or more public the Alaskan Native/Native Hawaiian application only moderately planning sessions leading to resident Institution Assisting Communities demonstrates the criteria of (1)(a)-(d) acceptance of the plan. Program (as appropriate); and others in above. e. Design—3 Points HUD’s University Partnerships Program. (3) You will receive zero Points if (1) You will receive up to 3 Points if (1) You will receive 3 Points if your your application does not demonstrate your proposed site plan, new dwelling application includes a letter(s) from an the criteria of (1)(a)-(d) above. units, and buildings demonstrate that: institution(s) of higher learning, c. Neighborhood Impact and (a) You have proposed a site plan that foundations, or other organization that Sustainability of the Plan—5 Points is compact, pedestrian-friendly, with an specializes in research and evaluation (1) You will receive up to 5 Points if interconnected network of streets and that provides a commitment to work your application demonstrates your public open space; with you to evaluate your program and Revitalization plan, including plans for (b) Your proposed housing, describes its proposed approach to carry retail, office, other economic community facilities, and economic out the evaluation if your application is
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selected for funding. The letter must will receive 2 points in the NOFA applications that are deficient at the end provide the extent of the commitment evaluation. of the cure period stated in Section V.B. and involvement, the extent to which (2) If you are considered a state of the General Section or have not met you and the local institution of higher government, or an agency or department the thresholds described in Section learning will cooperate, and the of a state government, applying for III.C. of this NOFA. Such applications proposed approach. The commitment funding for a project located in the state will not be eligible for funding. letter must address all of the following government’s jurisdiction, or areas 2. Preliminary Rating and Ranking areas for evaluation: otherwise not covered in Part A, you are (a) The impact of your HOPE VI effort invited to answer the 15 questions in a. Rating on the lives of the residents; PART B. (1) HUD staff will preliminarily rate (b) The nature and extent of economic (a) If you check Column 2 for four to each eligible application, SOLELY on development generated in the seven questions from PART B, you will the basis of the rating factors described community; receive one point in the NOFA in Section V.A of this NOFA. (c) The effect of the revitalization evaluation. (2) When rating applications, HUD effort on the surrounding community, (b) If you check Column 2 for eight or reviewers will not use any information including spillover revitalization more questions from PART B, you will included in any HOPE VI application activities, property values, etc.; and receive two points in the NOFA submitted in a prior year. (d) Your success at integrating the evaluation. (3) HUD will assign a preliminary physical and CSS aspects of your (3) Applicants that will be providing score for each rating factor and a strategy. services in multiple jurisdictions may preliminary total score for each eligible (2) You will receive zero Points if choose to address the questions in either application. your application does not include a PART A or PART B for that jurisdiction (4) The maximum number of points commitment letter that conforms to the in which the preponderance of services for each application is 129. specifications in paragraph (b) above. will be performed if an award is made. b. Ranking (4) In no case will an applicant 10. Rating Factor: Incentive Criteria on (1) After preliminary review, receive for this policy priority greater Regulatory Barrier Removal—2 Points applications will be ranked in score than two points for barrier removal Total order. activities. a. Description (5) Applicants must submit the 3. Final Panel Review (1) HUD’s Notice, America’s required information to receive points a. A Final Review Panel made up of Affordable Communities Initiative, for this policy priority. HUD’s Initiative on Removal of HUD staff will: Regulatory Barriers: Announcement of B. Reviews and Selection Process (1) Review the Preliminary Rating and Ranking documentation to: Incentive Criteria on Barrier Removal in HUD’s selection process is designed HUD’s FY 2004 Competitive Funding to ensure that grants are awarded to (a) Ensure that any inconsistencies Allocations, Federal Register Docket eligible PHAs with the most meritorious between preliminary reviewers have Number FR–4882–N–03, published on applications. HUD will consider the been identified and rectified; and March 22, 2004, provides that most information you submit by the (b) Ensure that the Preliminary Rating HUD competitive NOFAs will include application submission date. After the and Ranking documentation accurately an incentive for local and state application submission date, HUD may reflects the contents of the application. governments to decrease their regulatory not, consistent with its regulations in 24 (2) Assign a final score to each barriers to the development of CFR part 4, subpart B, consider any application; and affordable housing. unsolicited information that you or any (3) Recommend for selection the most (2) Form HUD–27300 contains third party may want to provide. highly rated applications, subject to the questions that describe your local and amount of available funding, in state governments’ efforts to decrease 1. Application Screening accordance with the allocation of funds regulatory barriers. a. HUD will screen each application described in Section II of this NOFA. b. Scoring to determine if: 4. HUD reserves the right to make (1) If you are considered a local unit (1) it meets the threshold criteria reductions in funding for any ineligible of government with land use and listed in Section III.C. of this NOFA; and items included in an applicant’s building regulatory authority, an agency (2) it is deficient, i.e., contains any proposed budget. or department of a local unit of Technical Deficiencies. 5. In accordance with the FY2005 government, a nonprofit organization, or b. See Section III.C. of this NOFA for HOPE VI appropriation, HUD may not other qualified applicant applying for case-by-case information regarding use HOPE VI funds to grant competitive funding for a project located in the local thresholds and technical deficiencies. advantage in awards to settle litigation unit of government’s jurisdiction, you See Section IV.B. of this NOFA for or pay judgments. are invited to answer the 20 questions documentation requirements that will 6. Tie Scores in PART A of form HUD–27300. For support threshold compliance and will those applications in which regulatory avoid technical deficiencies. If two or more applications have the authority is split between jurisdictions c. Corrections to Deficient same score and there are insufficient (e.g., county/parish and town) the Applications—Cure Period. The funds to select all of them, HUD will applicant should answer the question subsection entitled, ‘‘Corrections to select for funding the application(s) for that jurisdiction that has regulatory Deficient Applications,’’ in Section with the highest score for the Soundness authority over the issue at question. V.B.4. of the General Section is of Approach Rating Factor. If a tie (a) If you check Column 2 for five to incorporated by reference and applies to remains, HUD will select for funding the ten questions from PART A, you will this NOFA. This sub-section describes application(s) with the highest score for receive 1 point in the NOFA evaluation. the Technical Deficiencies cure period. the Capacity Rating Factor. HUD will (b) If you check Column 2 for eleven d. Applications that will not be rated select further tied applications with the or more questions from PART A, you or ranked. HUD will not rate or rank highest score for the Need Rating Factor.
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7. Remaining Funds which is the second signature. The grant g. Grantees must complete a. HUD reserves the right to reallocate agreement differs from year to year. Past construction within 48 months from the remaining funds from this NOFA to Revitalization Grant Agreements can be date of HUD’s approval of your other eligible activities under Section 24 found on the HOPE VI Web site at Supplemental Submissions. This time of the 1937 Act. http://www.hud.gov/hopevi. period for completion may not exceed (1) If the total amount of funds 4. Applicant Debriefing. Upon 54 months from the date the grant requested by all applications found request, HUD will provide an applicant agreement is executed. eligible for funding under Section V.B. a copy of the total score received by 2. HOPE VI Endowment Trust of this NOFA is less than the amount of their application and the score received Addendum to the Grant Agreement. funds available from this NOFA, all for each rating factor. This document must be executed 5. General Section References. The eligible applications will be funded and between the grantee and HUD in order following sub-section of Section VI.A. of those funds in excess of the total for the grantee to use CSS funds in the General Section is hereby requested amount will be considered accordance with Section III.C.4.l. of this incorporated by reference: a. remaining funds. NOFA. (2) If the total amount of funds Adjustments to Funding. 3. Revitalization Plan. After HUD conducts a post-award review of your requested by all applications found B. Administrative and National Policy application and makes a visit to the site, eligible for funding under Section V.B. Requirements you will be required to submit of this NOFA is greater than the amount 1. Timeliness of Development of funds available from this NOFA, components of your Revitalization plan Activity. Grantees must proceed within to HUD, as provided in the HOPE VI eligible applications will be funded a reasonable timeframe, as indicated until the amount of non-awarded funds Revitalization Grant Agreement. These below. In determining reasonableness of components include, but are not limited is less than the amount required to such timeframe, HUD will take into feasibly fund the next eligible to: consideration those delays caused by a. Supplemental Submissions, application. In this case, the funds that factors beyond your control. These including a HOPE VI Program Budget; have not been awarded will be timeframes must be reflected in the form b. A Community and Supportive considered remaining funds. of a program schedule, in accordance Services work plan, in accordance with 8. The following sub-sections of with the threshold requirement at guidance provided by HUD; Section V. of the General Section are Section III.C.1.i. of this NOFA and the c. A standard or mixed-finance hereby incorporated by reference: Rating Factor requirement at Section development proposal, as applicable; a. HUD’s Strategic Goals; d. A demolition and disposition b. Policy Priorities; V.A.1.c. of this NOFA. a. Grantees must submit application, as applicable; and c. Threshold Compliance; e. A homeownership proposal, as d. Corrections to Deficient Supplemental Submissions within 90 applicable. Applications; days from the date of HUD’s written e. Rating; and request. 4. Management Agreement f. Ranking. b. Grantees must submit CSS work plans within 90 days from the execution HOPE VI Revitalization grantees will VI. Award Administration Information of the grant agreement. be required to develop Management c. All other required components of Agreements that describe their A. Award Notices the Revitalization plan and any other operation and management principles 1. Initial Announcement. The HUD submissions not mentioned above must and policies for their public housing Reform Act prohibits HUD from be submitted in accordance with the units. notifying you as to whether or not you Quarterly Report Administrative and 5. Match have been selected to receive a grant Compliance Checkpoints Report, as until it has announced all grant approved by HUD. a. Irrevocably Committed Match recipients. If your application has been d. Grantees must start construction Donations and Leverage Resources. found to be ineligible or if it did not within 12 months from the date of After award, during review of grantee receive enough Points to be funded, you HUD’s approval of the Supplemental mixed-finance, development or will not be notified until the successful Submissions as requested by HUD after homeownership proposals, HUD will applicants have been notified. HUD will grant award. This time period may not evaluate the irrevocable nature of Match provide written notification to all exceed 18 months from the date the and Leverage resources. During its applicants, whether or not they have grant agreement is executed. evaluation, HUD will assess the been selected for funding. e. Grantees must submit the conditions precedent to the availability 2. Award Letter. The notice of award development proposal (i.e., whether of the funds to the grantee. HUD will letter is signed by the Assistant mixed-finance development, assess the availability of the Secretary for Public and Indian Housing homeownership development, etc.) for participating party(ies)’s financing, the (grants officer) and will be delivered by the first phase of construction within 12 amount and source of financing fax and the U.S. Postal Service. months of grant award. The program committed to the proposal by the 3. Revitalization Grant Agreement. schedule must indicate the date on participating party(ies), and the When you are selected to receive a which the development proposal for irrevocability of those funds. HUD may Revitalization grant, HUD will send you each phase of the revitalization plan require an opinion of the PHA’s and the a HOPE VI Revitalization Grant will be submitted to HUD. owner entity’s counsel (or other party Agreement, which constitutes the f. The closing of the first phase must designated by HUD) attesting that contract between you and HUD to carry take place within 15 months of grant counsel has examined the availability of out and fund public housing award. For this purpose, ‘‘closing’’ the participating party(ies)’s financing, revitalization activities. Both you and means all financial and legal and the amount and source of financing HUD will sign the cover sheet of the arrangements have been executed and committed to the proposal by the grant agreement, form HUD–1044. It is actual activities (construction, etc.) are participating party(ies), and has effective on the date of HUD’s signature, ready to commence. determined that such financing has been
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irrevocably committed by the (d) Consideration of Relevant Factors. 10. Final Audit participating party(ies) for use in In determining whether to grant a Grantees are required to obtain a carrying out the proposal, and that such requested exception under Section (b) complete final closeout audit of the commitment is in the amount required above, HUD will consider the grant’s financial statements by a under the terms of the proposal. cumulative effect of the following certified public accountant (CPA), in b. Evidence of Use. Grantees will be factors, where applicable: accordance with generally accepted required to show evidence that (A) Whether the exception would government audit standards. A written matching resources were actually provide a significant cost benefit or an report of the audit must be forwarded to received and used for their intended essential degree of expertise to the HUD within 60 days of issuance. Grant purposes through quarterly reports as Revitalization plan and demolition recipients must comply with the the project proceeds. Sources of activities that would otherwise not be requirements of 24 CFR part 84 or 24 matching funds may be substituted after available; CFR part 85 as stated in OMB Circulars grant award, as long as the dollar (B) Whether an opportunity was A–110, A–87, and A–122, as applicable. requirement is met. provided for open competitive bidding 11. Policy Requirements c. Grantee Enforcement. Grantees or negotiation; must pursue and enforce any (C) Whether the person affected is a a. OMB Circulars and Administrative commitment (including commitments member of a group or class intended to Requirements. You must comply with for services) obtained from any public or be the beneficiaries of the Revitalization the following administrative private entity for any contribution or plan and Demolition plan and the requirements related to the expenditure commitment to the project or exception will permit such person to of federal funds. OMB circulars can be surrounding area that was part of the receive generally the same interests or found at http://www.whitehouse.gov/ match amount. benefits as are being made available or omb/circulars/index.html. Copies of the OMB circulars may be obtained from provided to the group or class; 6. LOCCS Requirements EOP Publications, Room 2200, New (D) Whether the affected person has The grantee must record all Executive Office Building, Washington, withdrawn from his or her functions or obligations and expenditures in LOCCS. DC 20503; telephone (202) 395–7332 responsibilities, or the decision making (this is not a toll-free number). The Code 7. Conflict of Interest in Grant Activities process, with respect to the specific of Federal Regulations can be found at activity in question; a. Prohibition. In addition to the http://www.access.gpo.gov/nara/cfr/ conflict of interest requirements in 24 (E) Whether the interest or benefit was index.html. CFR part 85, no person who is an present before the affected person was (1) Administrative requirements employee, agent, consultant, officer, or in a position as described in Section (C) applicable to PHAs are: elected or appointed official of a grantee above; (a) 24 CFR part 85 (Administrative and who exercises or has exercised any (F) Whether undue hardship will Requirements for Grants and functions or responsibilities with result either to the grantee or the person Cooperative Agreements to State, Local, respect to activities assisted under a affected when weighed against the and Federally Recognized Indian Tribal HOPE VI grant, or who is in a position public interest served by avoiding the Governments), as modified by 24 CFR to participate in a decision-making prohibited conflict; and 941 or successor part, subpart F, relating process or gain inside information with (G) Any other relevant considerations. to the procurement of partners in mixed finance developments. regard to such activities, may obtain a 8. Flood Insurance financial interest or benefit from the (b) OMB Circular A–87 (Cost activity, or have an interest in any In accordance with the Flood Disaster Principles for State, Local, and Indian contract, subcontract, or agreement with Protection Act of 1973 (42 U.S.C. 4001– Tribal Governments); respect thereto, or the proceeds 4128), your application may not propose (c) 24 CFR 85.26 (audit requirements). (2) Administrative requirements thereunder, either for himself or herself to provide financial assistance for applicable to nonprofit organizations or for those with whom he or she has acquisition or construction (including are: rehabilitation) of properties located in family or business ties, during his or her (a) 24 CFR part 84 (Grants and an area identified by the Federal tenure or for one year thereafter. Agreements with Institutions of Higher Emergency Management Agency b. HUD-Approved Exception. (1) Education, Hospitals, and other (FEMA) as having special flood hazards, Standard. HUD may grant an exception Nonprofit Organizations); to the prohibition in Section (1) above unless: (b) OMB Circular A–122 (Cost on a case-by-case basis when it a. The community in which the area Principles for Nonprofit Organizations); determines that such an exception will is situated is participating in the (c) 24 CFR 84.26 (audit requirements). serve to further the purposes of HOPE National Flood Insurance program (see (3) Administrative requirements VI and its effective and efficient 44 CFR parts 59 through 79), or less applicable to for profit organizations administration. than one year has passed since FEMA are: (2) Procedure. HUD will consider notification regarding such hazards; and (a) 24 CFR part 84 (Grants and granting an exception only after the b. Where the community is Agreements with Institutions of Higher grantee has provided a disclosure of the participating in the National Flood Education, Hospitals, and other nature of the conflict, accompanied by: Insurance Program, flood insurance is Nonprofit Organizations); (a) An assurance that there has been obtained as a condition of execution of (b) 48 CFR part 31 (contract cost public disclosure of the conflict; a grant agreement. principles and procedures); (b) A description of how the public (c) 24 CFR 84.26 (audit requirements). 9. Coastal Barrier Resources Act disclosure was made; and C. Reporting (c) An opinion of the grantee’s In accordance with the Coastal Barrier attorney that the interest for which the Resources Act (16 U.S.C. 3501), your 1. Quarterly Report exception is sought does not violate application may not target properties in a. If you are selected for funding, you state or local laws. the Coastal Barrier Resources System. must submit a quarterly report to HUD.
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(1) HUD will provide training and racial and ethnic beneficiary data. It has 3. You are responsible for monitoring technical assistance on the filing and adopted the Office of Management and these sites during the application submitting of quarterly reports. Budget’s Standards for the Collection of preparation period. (2) Filing of quarterly reports is Racial and Ethnic Data. In view of these VIII. Other Information mandatory for all grantees, and failure requirements, you should use form to do so within the required timeframe HUD–27061, Racial and Ethnic Data A. Waivers. Any HOPE VI-funded will result in suspension of grant funds Reporting Form (instructions for its activities at public housing projects are until the report is filed and approved by use), found on www.HUDClips.org, a subject to statutory requirements HUD. comparable program form, or a applicable to public housing projects (3) Grantees will be held to the comparable electronic data system for under the 1937 Act, other statutes, and milestones that are reported on the this purpose. the annual contributions contract (ACC). Quarterly Report Administrative and c. The final narrative and financial Within such restrictions, HUD seeks Compliance Checkpoints Report, as report shall be due to HUD 90 days after innovative solutions to the long- approved by HUD. either the full expenditure of funds, or standing problems of severely distressed (4) Grantees must also report when the grant term expires, whichever public housing projects. You may obligations and expenditures in LOCCS, comes first. request, for the revitalized project, a or its successor system, on a quarterly waiver of HUD regulations, subject to basis. VII. Agency Contacts statutory limitations and a finding of 2. Logic Model Reporting A. Technical Assistance good cause under 24 CFR 5.110 if the waiver will permit you to undertake a. The reporting shall include 1. Before the application submission measures that enhance the long-term submission of a completed Logic Model date, HUD staff will be available to viability of a project revitalized under indicating results achieved against the provide you with general guidance and this program. HUD will assess each proposed output goal(s) and proposed technical assistance. However, HUD request to determine whether good outcome(s) which you stated in your staff is not permitted to assist in cause is established to grant the waiver. approved application and agreed upon preparing your application. If you have B. Environmental Impact. A Finding with HUD. The submission of the Logic a question or need a clarification, you of No Significant Impact with respect to Model and required information should may call or send an email message the the environment has been made for this be in accord with the reporting Office of Public Housing Investments, notice in accordance with HUD timeframes as identified in your grant attention: Lawrence Gnessin, at 202– regulations at 24 CFR part 50 that agreement. 401–8812, extension 2676, implement Section 102(2)(C) of the b. The goals and outcomes that you
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average 68 hours per annum per information will be used for grantee Dated: March 24, 2005. respondent for the application and grant selection and monitoring the Michael Liu, administration. This includes the time administration of funds. Response to Assistant Secretary for Public and Indian for collecting, reviewing, and reporting this request for information is required Housing. the data for the application, quarterly in order to receive the benefits to be BILLING CODE 4210–33–P reports and final report. The derived.
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[FR Doc. 05–6238 Filed 3–30–05; 8:45 am] BILLING CODE 4210–33–C
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Reader Aids Federal Register Vol. 70, No. 61 Thursday, March 31, 2005
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MARCH
Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 3 CFR 925...... 11112 Executive orders and proclamations 741–6000 955...... 11114 Proclamations: The United States Government Manual 741–6000 959...... 15199 7871...... 10483 983...... 9843 Other Services 7872...... 10857 985...... 14969, 15557 Electronic and on-line services (voice) 741–6020 7873...... 11531 987...... 11117 Privacy Act Compilation 741–6064 7874...... 11533 993...... 15560 Public Laws Update Service (numbers, dates, etc.) 741–6043 7875...... 14965 1131...... 9846 TTY for the deaf-and-hard-of-hearing 741–6086 7876...... 15723 1160...... 11535, 14974 Executive Orders: 1439...... 16392 ELECTRONIC RESEARCH 11926 (Amended by 1469...... 15201 World Wide Web EO 13373)...... 12579 1479...... 15725 Full text of the daily Federal Register, CFR and other publications 12293 (Amended by 1924...... 10862 is located at: http://www.gpoaccess.gov/nara/index.html 13374) ...... 12961 Proposed Rules: Federal Register information and research tools, including Public 12957 (See Notice of 56...... 9883 Inspection List, indexes, and links to GPO Access are located at: March 10, 2005)...... 12581 70...... 9883 http://www.archives.gov/federallregister/ 12959 (See Notice of 319...... 11886, 16398 March 10, 2005)...... 12581 E-mail 800...... 13411 13059 (See Notice of FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 927...... 11155 March 10, 2005)...... 12581 an open e-mail service that provides subscribers with a digital 983...... 15602 13286 (See EO form of the Federal Register Table of Contents. The digital form 1033...... 10337 13373) ...... 12579 of the Federal Register Table of Contents includes HTML and 1466...... 14578 13288 (See Notice of PDF links to the full text of each document. March 2, 2005)...... 10859 To join or leave, go to http://listserv.access.gpo.gov and select 8 CFR 13325 (Revoked by Online mailing list archives, FEDREGTOC-L, Join or leave the list 1003...... 16398 13374) ...... 12961 (or change settings); then follow the instructions. 1208...... 16398 13373...... 12579 PENS (Public Law Electronic Notification Service) is an e-mail Proposed Rules: 13374...... 12961 service that notifies subscribers of recently enacted laws. 214...... 11585 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Administrative Orders: and select Join or leave the list (or change settings); then follow Memorandums: 9 CFR Memorandum of the instructions. 94...... 12112, 15563 February 18, 2005 ...... 11109 FEDREGTOC-L and PENS are mailing lists only. We cannot 95...... 12112 Memorandum of March respond to specific inquiries. 121...... 13242 Reference questions. Send questions and comments about the 14, 2005 ...... 14967 Proposed Rules: Federal Register system to: [email protected] Notices: 113...... 12813, 12814 The Federal Register staff cannot interpret specific documents or Notice of March 2, 301...... 15017 regulations. 2005 ...... 10859 Notice of March 10, 303...... 15017 317...... 15017 FEDERAL REGISTER PAGES AND DATE, MARCH 2005 ...... 12581 Presidential 318...... 15017 9843–10020...... 1 Determinations: 319...... 15017 10021–10312...... 2 No 2005–21 of 320...... 15017 10313–10484...... 3 February 15, 2005 ...... 10313 325...... 15017 10485–10860...... 4 331...... 15017 10861–11108...... 7 5 CFR 381...... 12420, 15017 11109–11530...... 8 630...... 13343 417...... 15017 11531–11826...... 9 2634...... 12111 430...... 15017 11827–12110...... 10 2635...... 12111 10 CFR 12111–12400...... 11 Ch. XIV ...... 11535, 12583 12401–12582...... 14 Proposed Rules: 35...... 16336 12585–12786...... 15 213...... 12812 300...... 15164, 15169 12787–12960...... 16 950...... 15783 Proposed Rules: 12961–13088...... 17 50...... 10901 13089–13342...... 18 6 CFR 727...... 12974 13343–14384...... 21 Proposed Rules: 11 CFR 14385–14522...... 22 5...... 14427, 15602 14523–14966...... 23 100...... 13089 14967–15198...... 24 7 CFR 104...... 13089 15199–15552...... 25 301 ...... 10315, 10861, 11111, 300...... 12787 15553–15722...... 28 15553 15723–16094...... 29 331...... 13242 12 CFR 16095–16382...... 30 916...... 16383 25...... 15570 16383–16690...... 31 917...... 16383 30...... 15736
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201...... 16095 93...... 15520 179...... 15583 906...... 14986 208...... 11827, 15736 121...... 16370 184...... 14530 917...... 11121 225...... 11827, 15736 135...... 16370 201...... 14978 Proposed Rules: 228...... 15570 413...... 9885 203...... 14978 250 ...... 12626, 14607, 15246 335...... 16398 415...... 9885 206...... 14978 256...... 12626 345...... 15570 417...... 9885 310...... 14978 816...... 13076 364...... 15736 312...... 14978 817...... 13076 509...... 10021 15 CFR 314...... 14978 563e...... 10023, 15570 700...... 10864 510...... 11120, 13098 31 CFR 568...... 15736 730...... 14385 520...... 13098 315...... 14940 570...... 15736 738...... 14387 556...... 15758 316...... 14940 622...... 12583 740...... 11858, 14387 573...... 13099 351...... 14940 600...... 14978 Proposed Rules: 742...... 14387 353...... 14940 601...... 14978 25...... 12148 744 ...... 10865, 11858, 16110 359...... 14940 606...... 14978 210...... 10509 764...... 14387 360...... 14940 607...... 14978 228...... 12148 772...... 11858 363...... 14940 610...... 14978 229...... 10509 774...... 11858, 14387 535...... 15761 Ch. III ...... 13413 902 ...... 9856, 10174, 13097 640...... 14978 660...... 14978 550...... 15761 345...... 12148 Proposed Rules: 560...... 15583 712...... 14579 680...... 14978 734...... 15607 807...... 14978 575...... 15761 1731...... 15018 772...... 15607 822...... 14978 32 CFR 13 CFR 862...... 11865, 11867 16 CFR 189...... 15762 125...... 14523 866...... 14532 801...... 11502 Proposed Rules: 199...... 12798 14 CFR 802...... 11502 864...... 11887 725...... 12966 803...... 11502 13...... 13345 1310...... 9889 Proposed Rules: 23...... 11838, 11841 Proposed Rules: 184...... 16038 320...... 12823 24 CFR 39 .....9848, 9851, 9853, 10030, 33 CFR 10032, 10034, 10035, 10485, 203...... 16080 17 CFR 100 ...... 10887, 10889, 15763 11536, 11844, 11846, 11848, 25 CFR 12113, 12115, 12117, 12119, 210...... 11528 117 ...... 12805, 13101, 15763, 12120, 12124, 12125, 12401, 228...... 11528 11...... 15759 15765, 15767, 16113 15...... 11804 12402, 12404, 12406, 12408, 229...... 11528 165 ...... 11546, 11549, 12416, 12410, 12790, 12791, 12963, 240...... 11528 Proposed Rules: 15585, 15767, 16113, 16411, 13074, 13092, 13094, 13345, 249...... 11528 542...... 11893 16413 270...... 13328 166...... 11551 13347, 13349, 13353, 13356, 26 CFR 13359, 13362, 13365, 13368, Proposed Rules: 174...... 13102, 15587 1 ...9869, 10037, 10319, 10488, 15228, 15574, 15577, 16096, 150...... 12621 334...... 15228 11121, 12439, 12793, 13100, 16098, 16101, 16104, 16401, 239...... 10521 401...... 12967 14394, 14395, 14494, 15227 16403, 16406 240...... 10521 Proposed Rules: 301...... 10885, 12140 71 ...... 10318, 10862, 11850, 274...... 10521 Ch. I ...... 11912 602...... 10319 11851, 11852, 11853, 11854, 100 ...... 13122, 15786, 15788 18 CFR 11855, 11857, 12127, 12128, Proposed Rules: 110...... 9892, 16195 1 ...... 10062, 10349, 11903, 12129, 12130, 12412, 12414, 381...... 14393 117 ...... 9895, 10349, 16201 16189 13240, 13370, 14529, 14976, 147...... 14612, 14614 19 CFR 31...... 12164 15580, 15754, 16408, 16551 165 ...... 11595, 11598, 16463 301 ...... 10572, 12166, 16189 93...... 16084 10...... 10868 168...... 15609 97...... 12131, 13095 12...... 11539 27 CFR 334...... 15247 121...... 15194 24...... 10868 402...... 15029 162...... 10868 Proposed Rules: 145...... 15580 9 ...... 11174, 11178, 16451, 163...... 10868 34 CFR 158...... 14928 16455, 16459 1214...... 12966 178...... 10868 225...... 14999 1310...... 10037 191...... 10868 28 CFR 606...... 13371 360...... 12133 607...... 13371 Proposed Rules: 28...... 10886 611...... 13371 25...... 16161 67...... 12141 20 CFR 637...... 13371 39 ...... 10337, 10339, 10342, 83...... 12141 10344, 10513, 10517, 11165, 404 ...... 11863, 14977, 15227, 648...... 13371 11166, 11168, 11170, 11172, 16111, 16409 29 CFR 656...... 13371 11585, 11588, 12421, 12612, 408...... 16111 1915...... 13370 657...... 13371 12614, 12616, 12618, 12815, 416...... 16111 4000...... 11540 658...... 13371 12816, 12819, 12978, 12981, 422...... 14977 4010...... 11540 660...... 13371 12982, 12986, 14428, 14430, 1002...... 12106 4022...... 12585 661...... 13371 14432, 14580, 14585, 14587, Proposed Rules: 4044...... 12585 662...... 13371 663...... 13371 14589, 14592, 14594, 14597, 418...... 10558 Proposed Rules: 14599, 15019, 15784, 16164, 498...... 14603 2200...... 10574 664...... 13371 16167, 16170, 16173, 16175, 655...... 11592 2204...... 10574 669...... 13371 16177, 16180, 16182, 16185, 2520...... 12046 21 CFR 36 CFR 16187, 16445, 16447, 16449 2550...... 12046 61...... 16370 1...... 14978 2578...... 12046 242...... 13377 63...... 16370 25...... 14978 4000...... 11592 Proposed Rules: 65...... 16370 26...... 14978 4007...... 11592 7...... 12988 71 ...... 10346, 10917, 11886, 80...... 15755 4044...... 12429 1195...... 14435 12161, 12162, 12423, 12428, 99...... 14978 12619, 14601, 15022, 15693 101...... 12414 30 CFR 37 CFR 73...... 15606 172...... 15756 206...... 11869 1...... 10488
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102...... 10488 42 CFR 64...... 10930 215...... 14624 104...... 10488 72...... 13294 73 ...... 10351, 10352, 12832, 225...... 14625, 14628 150...... 10488 73...... 13294 12833, 12834, 13001, 13002, 243...... 14629 202...... 15587 400...... 13397 13003, 13004, 13139, 15044, 546...... 12167, 13005 Proposed Rules: 401...... 11420 15045, 15046, 15047 252...... 14625, 14628 270...... 12631 403...... 13397, 15229 76...... 11314, 15048 552...... 12167, 13005 405...... 11420 90...... 13143 904...... 12974 38 CFR 952...... 12974 411...... 13397 48 CFR 3...... 15590 416...... 15229 Ch. 1...... 11736, 11764, 14950, 417...... 13397, 13401 49 CFR 14962 39 CFR 418...... 15229 2...... 11737 23...... 14495 422...... 13401 111...... 14534 4...... 14950 190...... 11135 423...... 13397 5...... 14950 191...... 11135 460...... 15229 40 CFR 6...... 11739 192...... 10332, 11135 482...... 15229 8...... 11737 193...... 11135 52 ...... 11123, 11125, 11552, 483...... 15229 13...... 11740, 14950 194...... 11135 11553, 11879, 11882, 12416, 485...... 15229 15...... 14950 195...... 10332, 11135 12587, 13105, 15592, 15769, 1003...... 13294 16...... 11737 198...... 11135 15774, 16115, 16118, 16122, Proposed Rules: 16124, 16126, 16129, 16416, 19...... 11740, 14950 199...... 11135 405...... 15264 25...... 11742 209...... 11052 16420, 16423, 16426 413...... 15265 61...... 13396 28...... 11763 222...... 13117 414...... 10746 30...... 11743 229...... 13117 62 ...... 9872, 10490, 10891, 441...... 15265 12591 31...... 11763 234...... 11052 482...... 15264, 15266 36...... 11737 236...... 11052 63...... 13108, 15994 486...... 15265 70...... 16134, 16426 42...... 11763, 14950 571...... 14420, 15596 488...... 15264 44 ...... 11761, 11762, 14950 1540...... 9877 81...... 11553, 11882 498...... 15265 122...... 11560 52 ...... 11740, 11743, 11761, Proposed Rules: 180 ...... 11563, 11572, 14535, 43 CFR 11763 Subtitle A ...... 15797 53...... 14950 23...... 14520 14546, 14551 4...... 11804 228...... 10041 207...... 14572 107...... 11768 423...... 15778 209...... 14573 171...... 11768 260...... 10776 1600...... 14561 261...... 10776 219...... 14574 172...... 11768 262...... 10776 44 CFR 234...... 14574 173...... 11768 237...... 14576 263...... 10776 178...... 11768 64...... 12600 242...... 14574 264...... 10776 180...... 11768 Proposed Rules: 252...... 14574 265...... 10776 222...... 15274 67...... 10582, 10583 401...... 16145 271 ...... 10776, 12416, 12593, 229...... 15274 403...... 16145 12973, 14556, 15594 45 CFR 541...... 10066 404...... 16145 272...... 11132 544...... 12635 1611...... 10327 405...... 16145 Proposed Rules: 571...... 11184, 11186 Proposed Rules: 406...... 16145 572...... 11189 51...... 9897 1801...... 12436 407...... 16145 52 ...... 11179, 11913, 12632, 408...... 16145 13124, 13125, 13425, 14616, 46 CFR 410...... 16145 50 CFR 15790, 15791, 16203, 16204, 401 ...... 12083, 13574, 15779 411...... 16145 17 ...... 10493, 11140, 15239, 16205, 16206, 16207, 16469, 502...... 10328 413...... 16145 15780 16470, 16471, 16472 503...... 10328 414...... 16145 100...... 13377 62 ...... 9901, 10581, 10918 515...... 10328 415...... 16145 622...... 9879, 13117 63...... 13127, 15250 520...... 10328 416...... 16145 635...... 10896, 12142 70...... 15250, 16471 530...... 10328 419...... 16145 648 ...... 11584, 12808, 13402, 71...... 15250 535...... 10328 422...... 16145 13406 78...... 9897 540...... 10328 423...... 16145 660...... 13118, 16145 81...... 13425 550...... 10328 424...... 16145 679 ...9856, 9880, 9881, 10174, 97...... 9897 555...... 10328 425...... 16145 10507, 10508, 11884, 12143, 152...... 12276 560...... 10328 426...... 16145 12808, 12809, 12810, 12811, 158...... 12276 428...... 16145 13119, 13120, 14577, 14756, 180...... 14618 47 CFR 432...... 16145 15010, 15600, 15782, 16160 194...... 11913 Ch. I ...... 12601 433...... 16145 680...... 10174 228...... 12632 20...... 16141 434...... 16145 Proposed Rules: 271 ...... 12435, 12634, 13127, 54...... 10057 436...... 16145 15...... 15798 14623, 15611 64 ...... 9875, 10894, 12605, 439...... 16145 17...... 15052, 16474 372...... 10919 14567, 14568 445...... 16145 222...... 15800 721...... 9902 73 ...... 9876, 10895, 10896, 450...... 16145 223...... 13151 12807, 13116, 14570, 14571 452...... 16145 224...... 13151 41 CFR 76...... 14412, 14572 453...... 16145 622 ...... 10931, 10933, 11600, 105...... 14559 90...... 15005 501...... 15779 13152 302-17 ...... 12598, 14560 Proposed Rules: Ch. 3 ...... 11583 635 ...... 11190, 11922, 14630 Proposed Rules: Ch. I...... 12828, 15030 Proposed Rules: 648 ...... 10585, 12168, 12639, 101-48...... 15792 15...... 13139 Ch. 2 ...... 14623 13156, 15803 102-41...... 15792 22...... 11916 207...... 14623 679...... 15063
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REMINDERS Bluefin tuna, bigeye tuna, Virginia Electric & Power FEDERAL The items in this list were and swordfish; Co. et al.; Open for COMMUNICATIONS editorially compiled as an aid comments due by 4-7- comments until further COMMISSION to Federal Register users. 05; published 3-8-05 notice; published 10-1-03 Committees; establishment, Inclusion or exclusion from [FR 05-04477] [FR 03-24818] renewal, termination, etc.: this list has no legal COMMERCE DEPARTMENT ENVIRONMENTAL Technological Advisory significance. Patent and Trademark Office PROTECTION AGENCY Council; Open for Patent cases: Air programs; approval and comments until further Patent Cooperation Treaty promulgation; State plans notice; published 3-18-05 RULES GOING INTO applications entering the for designated facilities and [FR 05-05403] EFFECT MARCH 31, 2005 national stage; fees; pollutants: Common carrier services: comments due by 4-4-05; Pennsylvania; comments Federal-State Joint Board FEDERAL TRADE published 2-1-05 [FR 05- due by 4-4-05; published on Universal Service— COMMISSION 01850] 3-4-05 [FR 05-04270] Rural health care support Alternative fuels and COURT SERVICES AND Tennessee; comments due mechanism; comments alternative fueled vehicles; OFFENDER SUPERVISION by 4-6-05; published 3-7- due by 4-8-05; labeling requirements; AGENCY FOR THE 05 [FR 05-04336] published 2-7-05 [FR 05-02268] technical amendments; DISTRICT OF COLUMBIA Air quality implementation published 9-14-04 Semi-annual agenda; Open for plans; approval and Interconnection— SOCIAL SECURITY comments until further promulgation; various Incumbent local exchange ADMINISTRATION notice; published 12-22-03 States: carriers unbounding Social security benefits: [FR 03-25121] California; comments due by obligations; local Federal old age, survivors, DEFENSE DEPARTMENT 4-7-05; published 3-8-05 competition provisions; and disability insurance— Acquisition regulations: [FR 05-04340] wireline services offering advanced Nonpayment of benifits Extraordinary contractual Washington; comments due telecommunications when insured person is actions; comments due by by 4-7-05; published 3-8- capability; Open for deported or removed 4-8-05; published 2-7-05 05 [FR 05-04470] comments until further from the United States; [FR 05-02173] Environmental statements; notice; published 12-29- published 3-31-05 Pilot Mentor-Protege availability, etc.: 04 [FR 04-28531] Program; Open for Coastal nonpoint pollution Radio stations; table of comments until further COMMENTS DUE NEXT control program— assignments: WEEK notice; published 12-15-04 [FR 04-27351] Minnesota and Texas; Pennsylvania; comments Open for comments due by 4-4-05; published EDUCATION DEPARTMENT AGRICULTURE until further notice; 3-3-05 [FR 05-04113] DEPARTMENT Grants and cooperative published 10-16-03 [FR Television broadcasting: agreements; availability, etc.: Agricultural Marketing 03-26087] Cable television systems— Service Vocational and adult Water pollution control: education— Satellite Home Viewer Cotton classing, testing and National Pollutant Discharge Extension and Smaller Learning standards: Elimination System— Reauthorization Act; Communities Program; Communications Act Classification services to Open for comments Concentrated animal Section 340; growers; 2004 user fees; until further notice; feeding operations in implementation; Open for comments until published 2-25-05 [FR New Mexico and comments due by 4-8- further notice; published E5-00767] Oklahoma; general 5-28-04 [FR 04-12138] permit for discharges; 05; published 3-8-05 ENERGY DEPARTMENT Open for comments [FR 05-03847] AGRICULTURE Meetings: DEPARTMENT until further notice; HEALTH AND HUMAN Environmental Management published 12-7-04 [FR Animal and Plant Health SERVICES DEPARTMENT Site-Specific Advisory 04-26817] Centers for Medicare & Inspection Service Board— Exportation and importation of Water pollution; effluent Medicaid Services Oak Ridge Reservation, guidelines for point source Medicare: animals and animal TN; Open for comments categories: Electronic Prescription Drug products: until further notice; Meat and poultry products Program; voluntary Highly pathogenic avian published 11-19-04 [FR processing facilities; Open Medicare prescription drug influenza; list of affected 04-25693] regions— for comments until further benefit; comments due by ENERGY DEPARTMENT notice; published 9-8-04 4-5-05; published 2-4-05 Malaysia; comments due Energy Efficiency and [FR 04-12017] [FR 05-01773] by 4-4-05; published 2- Renewable Energy Office 1-05 [FR 05-01796] Transportation equipment Organ procurement Commercial and industrial cleaning operations; organizations; conditions COMMERCE DEPARTMENT equipment; energy efficiency correction; comments due for coverage; comments National Oceanic and program: by 4-4-05; published 2-1- due by 4-5-05; published Atmospheric Administration Test procedures and 05 [FR 05-01861] 2-4-05 [FR 05-01695] Fishery conservation and efficiency standards— Water programs: Organ transplant centers; management: Commercial packaged Federal Insecticide, hospital participation Northeastern United States boilers; Open for Fungicide, and conditions; approval fisheries— comments until further Rodenticide Act; requirements; comments Monkfish; comments due notice; published 10-21- implementation— due by 4-5-05; published 04 [FR 04-17730] 2-4-05 [FR 05-01696] by 4-4-05; published 3- Pesticides applied to U.S. 18-05 [FR 05-05348] ENERGY DEPARTMENT waters; statement and HEALTH AND HUMAN International fisheries Federal Energy Regulatory guidance; comments SERVICES DEPARTMENT regulations: Commission due by 4-4-05; Food and Drug Atlantic highly migratory Electric rate and corporate published 2-1-05 [FR Administration species— regulation filings: 05-01868] Human drugs:
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Orally administered drug HOUSING AND URBAN Mutual funds and other Empresa Brasileria de products; symptoms DEVELOPMENT securities; point of sale Aeronautica, S.A.; associated with DEPARTMENT disclosure and transaction comments due by 4-7-05; overindulgence in food Federal Housing Enterprise confirmation requirements; published 3-8-05 [FR 05- and drink, relief (OTC); Oversight Office comments due by 4-4-05; 04409] tentative final monograph; Safety and soundness: published 3-4-05 [FR 05- Kelly Aerospace Power comments due by 4-5-05; 04215] Mortgage fraud reporting; Systems; comments due published 1-5-05 [FR 05- comments due by 4-4-05; SMALL BUSINESS by 4-7-05; published 3-9- 00154] published 3-24-05 [FR 05- ADMINISTRATION 05 [FR 05-04556] Reports and guidance 05776] Disaster loan areas: McDonnell Douglas; documents; availability, etc.: INTERIOR DEPARTMENT Maine; Open for comments comments due by 4-5-05; Evaluating safety of Fish and Wildlife Service until further notice; published 2-4-05 [FR 05- 01931] antimicrobial new animal Endangered and threatened published 2-17-04 [FR 04- drugs with regard to their species permit applications 03374] Rolls-Royce plc; comments microbiological effects on Recovery plans— Small business size standards: due by 4-4-05; published bacteria of human health Size standards for most 2-2-05 [FR 05-01799] concern; Open for Paiute cutthroat trout; industries and SBA comments until further Open for comments TREASURY DEPARTMENT programs; restructuring; notice; published 10-27-03 until further notice; Internal Revenue Service published 9-10-04 [FR comments due by 4-3-05; [FR 03-27113] Employment taxes and 04-20517] published 1-19-05 [FR 05- Medical devices— 01035] collection of income taxes at Endangered and threatened source: Dental noble metal alloys species: STATE DEPARTMENT Flat rate supplemental wage and base metal alloys; Salt Creek tiger beetle; Passports: Class II special withholding; comments comments due by 4-4-05; Electronic passport; controls; Open for due by 4-5-05; published published 2-1-05 [FR 05- definitions, validity, comments until further 1-5-05 [FR 05-00071] 01669] replacement, and notice; published 8-23- Scimitar-horned oryx, addax, expedited processing; TREASURY DEPARTMENT 04 [FR 04-19179] and dama gazelle; comments due by 4-4-05; Alcohol and Tobacco Tax HEALTH AND HUMAN comments due by 4-4-05; published 2-18-05 [FR 05- and Trade Bureau SERVICES DEPARTMENT published 2-1-05 [FR 05- 03080] Alcohol; viticultural area Supplemental standards of 01698] OFFICE OF UNITED STATES designations: ethical conduct and financial LABOR DEPARTMENT TRADE REPRESENTATIVE Covelo, Mendocino County, disclosure requirements for Employment and Training Trade Representative, Office CA; comments due by 4- department employees; Administration of United States 4-05; published 2-2-05 comments due by 4-4-05; Aliens; temporary employment Generalized System of [FR 05-01875] published 2-3-05 [FR 05- in U.S.: Preferences: 02029] H-2B petitions in all 2003 Annual Product HOMELAND SECURITY occupations other than Review, 2002 Annual LIST OF PUBLIC LAWS DEPARTMENT excepted occupations; Country Practices Review, Coast Guard post-adjudication audits; and previously deferred This is a continuing list of comments due by 4-8-05; public bills from the current Anchorage regulations: product decisions; published 3-9-05 [FR 05- petitions disposition; Open session of Congress which Maryland; Open for 04534] for comments until further have become Federal laws. It comments until further NATIONAL ARCHIVES AND notice; published 7-6-04 may be used in conjunction notice; published 1-14-04 RECORDS ADMINISTRATION [FR 04-15361] with ‘‘PLUS’’ (Public Laws [FR 04-00749] NARA facilities: TRANSPORTATION Update Service) on 202–741– 6043. This list is also Ports and waterways safety: Locations and hours; DEPARTMENT available online at http:// Alaska; high capacity comments due by 4-8-05; Navigation of foreign civil www.archives.gov/ passenger vessels published 2-7-05 [FR 05- aircraft within the United federal register/public laws/ protection; regulated 02256] States; policy determination — — public—laws.html. navigation area and NUCLEAR REGULATORY request; comments due by security zones; comments COMMISSION 4-8-05; published 2-7-05 The text of laws is not due by 4-8-05; published Environmental statements; [FR 05-02035] published in the Federal 3-9-05 [FR 05-04598] availability, etc.: TRANSPORTATION Register but may be ordered Fifth Coast Guard District Fort Wayne State DEPARTMENT in ‘‘slip law’’ (individual waters; safety and Developmental Center; Federal Aviation pamphlet) form from the security zones; comments Open for comments until Administration Superintendent of Documents, due by 4-8-05; published U.S. Government Printing further notice; published Airworthiness directives: 3-9-05 [FR 05-04602] 5-10-04 [FR 04-10516] Office, Washington, DC 20402 Air Tractor, Inc.; comments (phone, 202–512–1808). The HOMELAND SECURITY OCCUPATIONAL SAFETY due by 4-5-05; published text will also be made DEPARTMENT AND HEALTH REVIEW 2-9-05 [FR 05-02507] available on the Internet from Nonimmigrant classes: COMMISSION Airbus; comments due by 4- GPO Access at http:// Aliens— Practice and procedure: 4-05; published 3-3-05 www.gpoaccess.gov/plaws/ Practice before Commission; H-2B Program; one-step [FR 05-04078] index.html. Some laws may procedural rules; application process for Boeing; Open for comments not yet be available. revisions; comments due U.S. employers seeking until further notice; by 4-4-05; published 3-4- S. 686/P.L. 109–3 workers to perform published 8-16-04 [FR 04- 05 [FR 05-04257] temporary labor or 18641] For the relief of the parents of services; comments due SECURITIES AND Bombardier; comments due Theresa Marie Schiavo. (Mar. by 4-8-05; published 3- EXCHANGE COMMISSION by 4-7-05; published 3-8- 21, 2005; 119 Stat. 15) 9-05 [FR 05-04514] Securities: 05 [FR 05-04407] Last List January 23, 2005
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enacted public laws. To PENS cannot respond to subscribe, go to http:// specific inquiries sent to this Public Laws Electronic listserv.gsa.gov/archives/ address. Notification Service publaws-l.html (PENS) Note: This service is strictly for E-mail notification of new PENS is a free electronic mail laws. The text of laws is not notification service of newly available through this service.
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