4–6–05 Wednesday Vol. 70 No. 65 Apr. 6, 2005

Pages 17301–17582

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i II Federal Register / Vol. 70, No. 65 / Wednesday, April 6, 2005

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Contents Federal Register Vol. 70, No. 65

Wednesday, April 6, 2005

Agriculture Department Education Department See Forest Service NOTICES NOTICES Grants and cooperative agreements; availability, etc.: Agency information collection activities; proposals, Postsecondary education— submissions, and approvals, 17402 Quality Assurance Program, 17421–17422 Safe and Drug-Free Schools Programs— Children and Families Administration Integration of schools and mental health systems, NOTICES 17422–17425 Meetings: Special education and rehabilitative services— People with Intellectual Disabilities, President’s Disability and Rehabilitation Research Projects and Committee, 17459 Centers Program, 17426–17427 Parents of Children with Disabilities Program, 17428– Coast Guard 17436 NOTICES Meetings: Election Assistance Commission Chemical Transportation Advisory Committee, 17460– NOTICES 17461 Meetings; Sunshine Act, 17436–17437 Commerce Department Employee Benefits Security Administration See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, Commodity Futures Trading Commission submissions, and approvals, 17475–17476 NOTICES Employee benefit plans; individual exemptions: Committees; establishment, renewal, termination, etc.: Voluntary Fiduciary Correction Program, 17476–17479 Agricultural Advisory Committee, 17418 Employee Retirement Income Security Act: Voluntary Fiduciary Correction Program, 17515–17547 Consumer Product Safety Commission NOTICES Energy Department Settlement agreements: See Federal Energy Regulatory Commission Hamilton Beach/Proctor-Silex, Inc., 17418–17420 NOTICES Meetings: Copyright Office, Library of Congress Environmental Management Site-Specific Advisory RULES Board— Copyright Arbitration Royalty Panel rules and procedures: Handford Site, WA, 17437 Secondary transmissions by satellite carriers; royalty fee Patent licenses; non-exclusive, exclusive, or partially adjustment, 17320–17321 exclusive: HydroGen llc, 17437–17438 Defense Department See Uniformed Services University of the Health Sciences Environmental Protection Agency NOTICES RULES Meetings: Air quality implementation plans; approval and Sexual Harassment and Violence at the Military Service promulgation; various States: Academies Task Force, 17420–17421 , 17321–17323 Pesticide programs: Drug Enforcement Administration Plant incorporated protectorants; procedures and NOTICES requirements— Applications, hearings, determinations, etc.: Bacillus thuringiensis modified Cry3A protein, 17323– Aldrich Chemical Co. Inc., 17470–17471 17327 Cambrex Charles City, Inc., 17471 NOTICES Chattem Chemicals Inc., 17471 Agency information collection activities; proposals, Chattem Chemicals Inc.; correction, 17471 submissions, and approvals, 17444–17447 Dade Behring Inc.; correction, 17471–17472 Meetings: ISP Freetown Fine Chemicals, 17472 National Drinking Water Advisory Council, 17447 JFC Technologies, LLC, 17472 Pesticide programs: Organichem Corp.; correction, 17472 Risk assessments— Penick Corp., 17472–17473 Fluometuron, 17447–17450 Polaroid Corp., 17473 Pesticide registration, cancellation, etc.: Siegfried (USA), Inc.; correction, 17473 Innolytics, LLC, 17450–17452 Sigma Aldrich Co., 17473–17474 Toxic and hazardous substances control: Stepan Co., 17474 New chemicals— Varian, Inc., 17474–17475 Test marketing exemption approvals, 17452–17453

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Executive Office of the President Applications, hearings, determinations, etc.: See Presidential Documents Algonquin Gas Transmission, LLC, 17438 See Trade Representative, Office of Dominion Transmission, Inc., 17438 Dow Pipeline Co., 17438–17439 Federal Aviation Administration El Paso Natural Gas Co., 17439 RULES Pataula Electric Membership Corp., 17439 Airworthiness directives: Tennessee Gas Pipeline Co., 17440 Hartzell Propeller Inc., 17315–17317 Texas Eastern Transmission, LP, 17440 McDonnell Douglas, 17312–17315 Standard instrument approach procedures, 17318–17319 Federal Housing Enterprise Oversight Office PROPOSED RULES Airworthiness directives: RULES Airbus, 17340–17342, 17347–17349, 17351–17353 Safety and soundness: BAE Systems (Operations) Ltd., 17373–17375 Federal Home Loan Mortgage Corporation (Freddie Mac) Bombardier, 17354–17356, 17377–17381 and Federal National Mortgage Association (Fannie Dornier, 17357–17359, 17370–17373 Mae)— Fokker, 17342–17347, 17375–17377 Corporate governance standards, 17303–17312 Goodrich De-icing and Specialty Systems, 17361–17366 Learjet, 17349–17351 Federal Maritime Commission McDonnell Douglas, 17353–17354 NOTICES MT-Propeller Entwicklung GmbH, 17359–17361 Agreements filed, etc., 17458–17459 Teledyne Continental Motors, 17366–17368 Turbomeca S.A., 17368–17370 Federal Motor Carrier Safety Administration NOTICES NOTICES Exemption petitions; summary and disposition, 17503– Motor carrier safety standards: 17504 Driver qualifications— Barron, Edmund J., et al.; vision requirement Federal Communications Commission exemption applications, 17504–17507 RULES Common carrier services: Fish and Wildlife Service Individuals with hearing and speech disabilities; telecommunications relay and speech-to-speech PROPOSED RULES services, 17330–17334 Migratory bird hunting: Radio frequency devices: Alaska; spring/summer subsistence harvest regulations, Unlicensed devices operating in 5 GHz band, 17328– 17573–17582 17330 Radio services, special: Food and Drug Administration Private land mobile services— RULES 800 MHz band; public safety interference proceeding, Animal drugs, feeds, and related products: 17327–17328 Sponsor name and address changes— Radio stations; table of assignments: Virbac AH, Inc., 17319 and , 17334–17335 PROPOSED RULES Forest Service Radio stations; table of assignments: NOTICES California, 17384–17385 Appealable decisions, legal notice: Florida, 17382–17383 Intermountain Region, 17402–17404 North Carolina, 17383–17384 Environmental statements; notice of intent: Texas, 17384 Lolo National Forest, MT, 17404–17405 Various States, 17381–17382 Meetings: NOTICES Intergovernmental Advisory Committee, 17405 Agency information collection activities; proposals, Land Between The Lakes Advisory Board, 17405 submissions, and approvals, 17453–17457 Resource Advisory Committees— Common carrier services: Shasta County, 17405 Payphone providers; end user common line procedures, Trinity County, 17405 17457–17458 Rulemaking proceedings; petitions filed, granted, denied, Health and Human Services Department etc., 17458 See Children and Families Administration Federal Deposit Insurance Corporation See Food and Drug Administration RULES International banking regulations; activities of insured state Homeland Security Department nonmember banks operating in foreign countries and See Coast Guard insured U.S. branches of foreign banks, 17549–17572 NOTICES Meetings: Federal Energy Regulatory Commission Telecommunications Service Priority System Oversight NOTICES Committee, 17459–17460 Electric rate and corporate regulation filings, 17440–17443 Environmental statements; availability, etc.: Housing and Urban Development Department NorQuest Seafoods, Inc., 17443–17444 See Federal Housing Enterprise Oversight Office

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Indian Affairs Bureau National Archives and Records Administration NOTICES NOTICES Environmental statements; notice of intent: Agency records schedules; availability, 17480–17481 North Fork Rancheria of Mono Indians, Madera County, CA; trust acquisition and hotel/casino project; National Oceanic and Atmospheric Administration correction, 17461 PROPOSED RULES Tribal-State Compacts approval; Class III (casino) gambling: Endangered and threatened species: Tonkawa Tribe, OK, 17461 Status review— North American green sturgeon; southern distinct Interior Department population, 17386–17401 See Fish and Wildlife Service Fishery conservation and management: See Indian Affairs Bureau Caribbean, Gulf, and South Atlantic fisheries— See Land Management Bureau Gulf of reef fish, 17401 See Minerals Management Service NOTICES See National Park Service Meetings: Pacific Fishery Management Council, 17417–17418 Internal Revenue Service National Park Service NOTICES Agency information collection activities; proposals, NOTICES submissions, and approvals, 17510–17513 Boundary establishment, descriptions, etc.: Inflation adjustment factor and reference prices: Dunes National Lakeshore, IN, 17464 Environmental statements; record of decision: Nonconventional source fuel credit, 17513 Rio Grande Wild and Scenic River, TX; general International Trade Administration management plan, 17464 NOTICES Meetings: Antidumping: Chesapeake and Ohio Canal National Historical Park Hot rolled flat rolled carbon quality steel products from— Advisory Commission, 17464–17465 Brazil, 17406–17411 Flight 93 National Memorial Advisory Commission, Stainless steel bar from— 17465 , 17411–17417 National Register of Historic Places: Pending nominations, 17465–17466 International Trade Commission Reports and guidance documents; availability, etc.: NOTICES Compliance with the Native American Graves Protection Import investigations: and Repatriation Act by National Park Service offices Artists’ canvas from— and units, 17466–17467 China, 17467–17468 National Science Foundation Encapsulated integrated circuit devices and products, NOTICES 17468 Meetings: Engineering Advisory Committee, 17481–17482 Justice Department See Drug Enforcement Administration Nuclear Regulatory Commission NOTICES NOTICES Pollution control; consent judgments: Applications, hearings, determinations, etc.: Boise Cascade Corp., et al., 17468–17469 Nuclear Management Co., LLC, 17482 Marathon Oil Co., et al., 17469 Morning Star Mine Site, 17469–17470 Office of Federal Housing Enterprise Oversight Parker Hannifin Corp. and Central Sprinkler Corp., 17470 See Federal Housing Enterprise Oversight Office Labor Department Office of United States Trade Representative See Employee Benefits Security Administration See Trade Representative, Office of United States Land Management Bureau Overseas Private Investment Corporation NOTICES NOTICES Agency information collection activities; proposals, Meetings; Sunshine Act, 17482 submissions, and approvals, 17461–17463 Pipeline and Hazardous Materials Safety Administration Library of Congress PROPOSED RULES See Copyright Office, Library of Congress Hazardous materials: Hazardous materials transportation— Minerals Management Service Hazardous waste manifest requirements; withdrawn, NOTICES 17385–17386 Meetings: NOTICES Outer Continental Shelf Scientific Committee, 17463 Hazardous materials: Applications; exemptions, renewals, etc., 17507–17509 National Aeronautics and Space Administration Pipeline safety: NOTICES Advisory bulletins— Meetings: Strapping table calibration for pipeline breakout tank Financial Audit Committee, 17479–17480 operators, 17509

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Waiver petition— Certificates of public convenience and necessity and Enstar Natural Gas Co., 17509–17510 foreign air carrier permits; weekly applications, 17502 Presidential Documents Meetings: PROCLAMATIONS Regulatory review, 17502–17503 Special observances: Honoring the memory of Pope John Paul II (Proc. 7881), Treasury Department 17301 See Internal Revenue Service Securities and Exchange Commission NOTICES Uniformed Services University of the Health Sciences Public utility holding company filings, 17482–17483 NOTICES Self-regulatory organizations; proposed rule changes: Meetings; Sunshine Act, 17421 International Securities Exchange, Inc., 17484–17489 National Association of Securities Dealers, Inc., 17489– Veterans Affairs Department 17494 National Securities Clearing Corp., 17494–17495 NOTICES Philadelphia Stock Exchange, Inc., 17495–17498 Meetings: CARES Business Plan Studies Advisory Committee, State Department 17513 NOTICES Agency information collection activities; proposals, submissions, and approvals, 17498 Separate Parts In This Issue Reports and guidance documents; availability, etc.: Diplomatic Security Service; exercise of law enforcement authorities by special agents; guidelines, 17498– Part II 17499 Labor Department, Employee Benefits Security Administration, 17515–17547 Surface Transportation Board RULES Part III Fees: Federal Deposit Insurance Corporation, 17549–17572 Licensing and related services; 2005 update, 17335– 17339 Part IV Trade Representative, Office of United States Interior Department, Fish and Wildlife Service, 17573– NOTICES 17582 Generalized System of Preferences: 2004 annual products review, 17499–17501 Transportation Department Reader Aids See Federal Aviation Administration Consult the Reader Aids section at the end of this issue for See Federal Motor Carrier Safety Administration phone numbers, online resources, finding aids, reminders, See Pipeline and Hazardous Materials Safety and notice of recently enacted public laws. Administration To subscribe to the Federal Register Table of Contents See Surface Transportation Board LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Aviation proceedings: archives, FEDREGTOC-L, Join or leave the list (or change Agreements filed; weekly receipts, 17501–17502 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.

3 CFR Proclamations: 7881...... 17301 12 CFR 303...... 17550 325...... 17550 327...... 17550 347...... 17550 1710...... 17303 14 CFR 39 (2 documents) ...... 17312, 17315 97...... 17318 Proposed Rules: 39 (17 documents) ...... 17340, 17342, 17345, 17347, 17349, 17351, 17353, 17354, 17357, 17359, 17361, 17366, 17368, 17370, 17373, 17375, 17377 21 CFR 510...... 17319 520...... 17319 37 CFR 258...... 17320 40 CFR 52...... 17321 174...... 17323 47 CFR 2...... 17327 15...... 17328 22...... 17327 24...... 17327 64 (2 documents) ...... 17330, 17334 73...... 17334 74...... 17327 78...... 17327 90...... 17327 Proposed Rules: 73 (5 documents) ...... 17381, 17382, 17383, 17384 49 CFR 1002...... 17335 Proposed Rules: 172...... 17385 50 CFR Proposed Rules: 20...... 17574 223...... 17386 622...... 17401

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Federal Register Presidential Documents Vol. 70, No. 65

Wednesday, April 6, 2005

Title 3— Proclamation 7881 of April 2, 2005

The President Honoring the Memory of Pope John Paul II

By the President of the United States of America

A Proclamation As a mark of respect for His Holiness Pope John Paul II, I hereby order, by the authority vested in me by the Constitution and laws of the United States of America, that the flag of the United States shall be flown at half-staff at the White House and on all public buildings and grounds, at all military posts and naval stations, and on all naval vessels of the Federal Government in the District of Columbia and throughout the United States and its Territories and possessions until sunset on the day of his interment. I also direct that the flag shall be flown at half-staff for the same period at all United States embassies, legations, consular offices, and other facilities abroad, including all military facilities and naval vessels and stations. IN WITNESS WHEREOF, I have hereunto set my hand this second day of April, in the year of our Lord two thousand five, and of the Independence of the United States of America the two hundred and twenty-ninth. W

[FR Doc. 05–6992 Filed 4–5–05; 8:45 am] Billing code 3195–01–P

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Rules and Regulations Federal Register Vol. 70, No. 65

Wednesday, April 6, 2005

This section of the FEDERAL REGISTER (collectively, the Enterprises or and the chairperson of the board of contains regulatory documents having general government sponsored enterprises) are directors should be separated; board applicability and legal effect, most of which adequately capitalized and operate members should become more actively are keyed to and codified in the Code of safely and soundly in compliance with involved in the oversight of the Federal Regulations, which is published under applicable laws, rules, and regulations. Enterprise; adequate and appropriate 50 titles pursuant to 44 U.S.C. 1510. In furtherance of its supervisory information should be provided to the The Code of Federal Regulations is sold by responsibilities, in 2002, OFHEO board of directors; financial incentives the Superintendent of Documents. Prices of published a final corporate governance for board members, executive officers, new books are listed in the first FEDERAL regulation, taking into consideration and employees should be developed REGISTER issue of each week. comments filed in response to an earlier based on long-term goals, not short-term proposed regulation.1 The corporate earnings; strict term limits should be governance regulation sets forth placed on board members; firms that DEPARTMENT OF HOUSING AND standards with respect to corporate audit the Enterprises, not merely the URBAN DEVELOPMENT governance practices and procedures of audit partners, should be changed the Enterprises. It establishes a periodically; and formal compliance Office of Federal Housing Enterprise framework for corporate governance and risk management programs should Oversight addressing applicable law, requirements be established. A Consent Order, issued and responsibilities of the board of by OFHEO to Freddie Mac on December 12 CFR Part 1710 directors and board committees, 9, 2003, required Freddie Mac to RIN 2550–AA24 conflict-of-interest standards, and implement certain corporate governance indemnification. As a result of findings practices that were recommended in the Corporate Governance and recommendations contained in the Report of Special Examination, as well Report of the Special Examination of as other remedial steps.5 AGENCY: Office of Federal Housing 2 Freddie Mac (Report of Through ongoing oversight and Enterprise Oversight, HUD. Special Examination), and based on the supervision of both Enterprises and its ACTION: Final amendments. experience of OFHEO supervising the special examinations, OFHEO has activities of the Enterprises, as well as gained insights as to the need for SUMMARY: The Office of Federal Housing developments in law, OFHEO is Enterprise Oversight (OFHEO) is issuing enhancements or adjustments in the amending the corporate governance existing corporate governance standards amendments to its corporate governance regulation within this framework. regulation establishing corporate for both Enterprises. Thus, OFHEO On June 7, 2003, the Director of proposed to add prudential governance standards applicable to the OFHEO ordered a special examination Federal National Mortgage Association requirements to its corporate of the events leading to the public governance regulation that would have and the Federal Home Loan Mortgage announcement by Freddie Mac of an Corporation in order to further promote general applicability consistent with the audit of prior year financial statements practices recommended or required by the safety and soundness of their and the termination, resignation, and operations. the Report of Special Examination or retirement of three principal executive the Consent Order. DATES: Effective June 6, 2005. officers of Freddie Mac. The Report of OFHEO also notes that the Enterprises Special Examination found that ‘‘[t]he FOR FURTHER INFORMATION CONTACT: are privately owned but federally accounting and management problems Isabella W. Sammons, Associate General chartered companies. Created by of Freddie Mac were largely the product Counsel, telephone (202) 414–3790 (not Congress to facilitate liquidity and of a corporate culture that demanded a toll-free number); Office of Federal stability in mortgage markets and to steady but rapid growth in profits and Housing Enterprise Oversight, Fourth advance affordable housing, they focused on management of credit and Floor, 1700 G Street, NW., Washington, receive in exchange special benefits interest rate risks but neglected key DC 20552. The telephone number for from their Government sponsorship elements of the infrastructure of the the Telecommunications Device for the which makes them unlike many other enterprise needed to support growth.’’ 3 Deaf is (800) 877–8339. large financial institutions in some The Report of Special Examination, significant respects. Since their creation, SUPPLEMENTARY INFORMATION: among other things, made specific the Enterprises have grown to become recommendations with respect to Background two of the largest and highly leveraged practices in corporate governance that financial companies in the world in Title XIII of the Housing and Freddie Mac should follow and that terms of assets, and together they Community Development Act of 1992, OFHEO should require.4 For example, control a majority share of the Pub. L. 102–550, titled the Federal included are recommendations that secondary market for conforming Housing Enterprises Financial Safety functions of the chief executive officer and Soundness Act of 1992 (Act) (12 mortgages. Yet they are relatively small U.S.C. 4501 et seq.) established OFHEO 1 12 CFR Part 1710, 67 FR 38361 (June 4, 2002). in terms of their total numbers of as an independent office within the 2 OFHEO, Report of the Special Examination of employees, and have a unique board Department of Housing and Urban Freddie Mac (Dec. 2003) (Report of Special Development to ensure that the Federal Examination), which may be found at http:// 5 OFHEO Order No. 2003–02, ‘‘Consent Order, In www.ofheo.gov/media/pdf/ the Matter of the Federal Home Loan Mortgage National Mortgage Association (Fannie specialreport122003.pdf. Corporation’’ (Dec. 9, 2003) (Consent Order), which Mae) and the Federal Home Loan 3 Id., at 4 (footnote omitted). may be found at http://www.ofheo.gov/media/pdf/ Mortgage Corporation (Freddie Mac) 4 Id., at 163–171. consentorder12903.pdf.

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structure, public mission and regulatory rules, regulations, and interpretations Separate Chairperson/Chief Executive framework. In addition, due to their issued by the Commission and its Officer (§ 1710.11(a)(1)) Government sponsorship, the requirements. OFHEO may initiate an One provision would require an Enterprises are not as susceptible to enforcement action in the area of Enterprise to prohibit the chairperson of some forms of market and management Enterprise corporate governance in the board from also serving as chief discipline. These distinctive response to a violation of its corporate executive officer of the Enterprise. Often characteristics also played a large part governance regulation, including drawing on the experience and in the determination that Fannie Mae behavior that violates laws or circumstances of non-government and Freddie Mac should adhere to requirements set forth therein. sponsored companies, many certain policies that may not be commenters urged that OFHEO leave applicable to other companies. Comments Received this matter to the determination of the With respect to other developments, board of directors or suggested that a the Stock Exchange(NYSE) The proposed amendments were published on April 12, 2004 (69 FR separate chairperson and chief issued amendments to its corporate executive officer is not in the best governance rules that are applicable to 19126). OFHEO received comments from 19 commenters as follows: (1) An interests of the shareholders. The companies listed on the NYSE, commenters who urged such a result 6 individual shareholder of an Enterprise; including the listed Enterprises. In did not focus on the impact of the (2) an individual; (3) Ernst & Young, an addition, Congress passed the Sarbanes- unique characteristics of the 7 accounting firm; (4) America’s Oxley Act of 2002 (SOA), which Enterprises, such as their size, public contains corporate governance Community Bankers, a trade association mission, insulation from full market requirements, and the U.S. Securities representing community banks; (5) discipline and distinct board structure— and Exchange Commission National Association of Corporate characteristics that counsel against the (Commission) issued regulations to Directors, an educational, publishing, concentration of power in a single implement the SOA. Fannie Mae and research organization on board chairperson/chief executive officer. voluntarily registered its common stock leadership and a membership Likewise, commenters did not make a with the Commission effective March association for boards, directors, substantial case for disregarding the 31, 2003; Freddie Mac announced its director candidates, and board advisers; lessons learned in the special 8 intention to register. (6) PriceWaterhouseCoopers, an examination of Freddie Mac about the Since registration, Fannie Mae files accounting firm; (7) Business risks of consolidating the chairperson periodic financial disclosures with the Roundtable, an association of chief and chief executive officer positions. Commission as required by the executive officers of corporations; (8) OFHEO believes that separating the Securities Exchange Act of 1934 and is Chamber of Commerce, a business functions of chairperson and chief subject to the requirements of the SOA federation; (9) American Institute of executive officer is prudent for safe and and implementing rules and regulations Certified Public Accountants, a sound operations of the Enterprises of the Commission.9 Upon registration, professional association of certified because it strengthens board Freddie Mac will be subject to the same public accountants; (10) KPMG, an independence and oversight of requirements. To help meet its statutory management on behalf of shareholders responsibilities, OFHEO intends to accounting firm; (11) Deloitte & Touche, an accounting firm; (12) Freddie Mac; consistent with the public mission of ensure that such requirements and the Enterprises. Separating the role of implementing rules and regulations are (13) Consumer Mortgage Coalition, a trade association of national mortgage chief executive officer would similarly or remain applicable to the Enterprises clarify the role and responsibility of the lenders, servicers, and service even if Freddie Mac does not register individual charged with leading each providers; (14) an individual, Dean’s with the Commission or if one or both Enterprise’s management team.10 Enterprises deregister. In connection Professor of Financial Regulatory Policy, OFHEO recognizes that this is a with any conduct regulated by the University of -Amherst; different standard than is required of Commission, OFHEO would look to any (15) Nominating and Corporate many other private corporations but it is Governance Committee of Fannie Mae; appropriate for the Enterprises not only 6 Final NYSE Corporate Governance Rules (Nov. (16) FM Policy Focus, a coalition of six because of their government 4, 2003), Section 303A. The NYSE final Corporate financial services and housing related Governance Rules may be found at http:// sponsorship, but also in light of the www.nyse.com. Note that except for final NYSE rule trade associations; (17) Independent recent experience at Freddie Mac and Section 303A.08, which became effective June 30, Community Bankers of America, a trade the experience of OFHEO supervising 2003, listed companies have until the earlier of association of community banks; (18) both Enterprises. In the case of Freddie their first annual meeting after January 15, 2004, or October 31, 2004, to comply with the new rules. Mortgage Insurance Companies of Mac, an earlier separation of the two The Enterprises are companies listed on the NYSE. America, a trade association roles could have caused the board to As listed companies, the rules of the NYSE, representing the private mortgage provide stronger independent guidance including those addressing corporate governance, to management and identify problems are applicable to the Enterprises. insurance industry; and, (19) Fannie 7 Pub. L. 107–204 (Jul. 30, 2002). Mae. sooner. OFHEO believes that a 8 See http://www.fanniemae.com/ir/sec/ separation of the chairperson and the index.jtml?s=SEC+filings for Fannie Mae and Response to Comments http://www.freddiemac.com/news/archives/ Board of Directors (§ 1710.11) 10 See Report of Special Examination, supra note investors/2003/restatement_112103.html for 2, at 164. The concept of a non-executive chairman Freddie Mac. has support in recent discussions on improvements 9 The existing corporate governance regulation OFHEO proposed a section that to corporate governance. For example, see General provides that the corporate governance practices would add requirements and Accounting Office, Testimony of Comptroller and procedures of an Enterprise must comply with consolidate existing requirements General Walker before Senate Banking Committee, its respective chartering act and other Federal law, relating to the board of directors of an Government-Sponsored Enterprises: A Framework rules, and regulations, and that the practices and for Strengthening GSE Governance and Oversight, procedures must be consistent with the safe and Enterprise. OFHEO carefully considered GAO–04–269T (February 10, 2004) (calling for sound operations of the Enterprise. 12 CFR the comments provided. separation of Chairman and CEO positions at 1710.10(a), 67 FR 38361, 38370 (Jun. 4, 2002). Fannie Mae and Freddie Mac).

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chief executive officer functions would provide for a waiver by the Director, for micromanagement of the Enterprises. enhance the effectiveness of changes good cause consistent with the Other commenters suggested that being proposed in requirements for the supervisory responsibilities of OFHEO. requiring eight meetings a year, with at boards of directors to meet their least one each calendar quarter was Independence of Board Members more appropriate. Another commenter obligations and would promote the (§ 1710.11(a)(3)) public interest in the safety and suggested that the number of meetings soundness of the Enterprises. Comments OFHEO proposed that a majority of be set in the aggregate, but the board be that this would limit the flexibility of the seated board members of an permitted to schedule meetings in such the board to structure the company or Enterprise be independent under the quarters as the board would determine. limit corporate flexibility in general do rules of the NYSE.12 OFHEO makes no OFHEO determined that the number of not overcome the concern that OFHEO distinction between those board meetings is reasonable and that expressed for the benefits resulting from members who are elected by spreading them over the course of the greater independence of the board and shareholders and those who are fiscal year is prudent. stronger oversight of these government appointed by the President. Thus, if one Given the special nature of the sponsored enterprises. or more vacancies exist on a board Enterprises and the oversight required, OFHEO notes with approval that each among either elected or appointed OFHEO disagrees that the frequency Enterprise has now formally agreed to shareholders, a majority of seated board requirement amounts to separate the positions of chairperson of members is required. micromanagement or that requiring the board and chief executive officer. One commenter recommended that eight meetings a year is inappropriate. Accordingly, the provision is not OFHEO should supplement the NYSE Meetings must be frequent enough to included in the final regulation at this standards with additional standards. ensure that the board of directors can time. OFHEO determined that the NYSE rule exercise adequate oversight of appropriately covers what constitutes management. OFHEO determined in its Term and Age Limits (§ 1710.11(a)(2)) independence. As expressly provided review of Freddie Mac that the meetings A requirement that would limit the by proposed § 1710.30, discussed below, of the board of directors were too service of a board member to no more OFHEO has the authority to provide for infrequent to address the issues than 10 years or past the age of 72, a different definition of the term presented by the company, given its whichever comes first, was proposed by ‘‘independent board member’’ or to status, size, and complexity. OFHEO OFHEO. One commenter approved of provide additional guidance covering determined that to provide flexibility the limits, some commenters general or specific circumstances, if and to avoid practical issues such as disapproved of the limits as necessary in light of the special requests for waivers and related undermining board leadership, and characteristics of the two Enterprises, procedural matters, the proposal would other commenters recommended including but not limited to be adopted with the deletion of the transition periods or the ability to seek circumstances where a board member requirement that two meetings occur per a waiver. Another commenter requested has prior affiliation with an accounting quarter. OFHEO has determined that the clarification that the age and term limits firm currently serving as auditor of the board of directors should meet no less be applied as of the date of the meeting Enterprise. than eight times a year and no less than of the shareholders. Another commenter recommended once a calendar quarter. that the independence standard apply to OFHEO found that a limit on years of Non-Management Board Meetings, service and age for the board members all board members. Section 1710.11(a)(3), as proposed, does not Quorum of Board of Directors, Proxies promotes an appropriate level of (§ 1710.11(b)(2) and (3)) functioning of the board, strengthens the differentiate between elected and diversity and expertise of the board, and presidentially-appointed board OFHEO received supporting enhances its ability to respond to the members. It was also requested that the comments on the provisions of unique, but constantly evolving provision reflect that the NYSE rules § 1710.11(b)(2) and (3) and has issued business environment in which each apply as changed from time to time by them without change. The provisions the NYSE. A technical revision has been Enterprise operates.11 Overall, OFHEO require that the non-management made to the provision expressly to determined that the potential loss of directors of an Enterprise meet at address this point. Finally, one familiarity with the company and the regularly scheduled executive sessions commenter recommended that the term possibility of having an experienced without management participation in ‘‘seated’’ be defined. The term is 13 board member leave due to a fixed term order to promote open discussion. intended to encompass those elected or based on age or years of service were They also consolidate without appointed board members who serve on outweighed by the experience of substantive change the existing the board; OFHEO, however, does not OFHEO supervising both Enterprises requirements of the current OFHEO believe it useful at this time to define and the possibility of an entrenched corporate governance regulation with further the term in the regulation. board’s failing to oversee adequately the respect to the constitution of a quorum company. Frequency of Meetings (§ 1710.11(b)(1)) of the board of directors and the In response to comments, OFHEO is prohibition against a board member The proposal would require that the voting by proxy. making changes to the provision to board of directors of an Enterprise meet clarify that a board member who meets at least twice a quarter to carry out its Information (§ 1710.11(b)(4)) the age and term limits as of the date of obligations and duties under applicable his or her election or appointment may As proposed, § 1710.11(b)(4) would laws, rules, regulations, and guidelines. require that management of an serve his or her full term. In addition, One commenter supported the express language has been added to Enterprise provide board members with frequency requirement while another information that is adequate and commenter suggested that this 11 Report of Special Examination, supra note 2, at appropriate considering what a 166. An age limit and term limit will work well in requirement amounts to tandem and have been part of Enterprise bylaws in 13 For reference, see final NYSE rule Section one form or another. 12 Final NYSE rule Section 303A. 303A.03.

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reasonable board member would find directors comply with NYSE rules.18 Two commenters objected to the word important to the fulfillment of his or her The NYSE rules address, among other ‘‘appropriate’’ in that it is not contained fiduciary duties and obligations to the things, the independence of audit in 12 U.S.C. 4518, the statutory Enterprise.14 One commenter supported committee members; the responsibility provision that requires the Director to this requirement, while another of the audit committee to select and prohibit an Enterprise from providing recommended that it be limited to that oversee the issuer’s independent compensation to any executive officer information consistent with the accountant; procedures for handling that is not reasonable and comparable requirements of the selected corporate complaints regarding the issuer’s with compensation for employment in governance law of the Enterprise. It accounting practices; the authority of other similar businesses. The proposed would not be useful to limit information the audit committee to engage advisors; provision is not intended to implement required by the selected corporate and, funding for the independent Section 4518, which is implemented by governance law because, unlike board auditor and any outside advisors the OFHEO executive compensation members of state-chartered engaged by the audit committee. regulation at 12 CFR part 1770. Section corporations, board members of the As proposed, the amended section 1710.13 addresses not only certain Enterprises have specific obligations set also would require that Enterprise audit covered executive officers, but as well forth in the corporate governance committees comply with the board members and employees, and has regulation that may require additional requirements set forth in section 301 of as its primary focus the Enterprises— information to fulfill such obligations. the SOA, which address, among other safety and soundness. Although Therefore, OFHEO has determined not things, audit committee responsibilities, compensation may be reasonable from to limit the provision as requested and independence, establishment of some perspectives, as in not generally is adopting the provision as proposed. complaint procedures, and authority to excessive or extreme, it may not be engage advisers, as well as adequate Annual Review (§ 1710.11(b)(5)) appropriate or suitable under specific funding of the committee. The reference circumstances. Thus, OFHEO has The proposal would require, at least to the SOA and the final NYSE rules determined not to delete the word annually, that the Enterprise board of would not restrict the authority of ‘‘appropriate.’’ OFHEO to mandate additional directors review requirements of laws, While the circumstances involved and rules, regulations, and guidelines that requirements appropriate to the Enterprises’’ situations and their the foundation for addressing are applicable to its activities and compensation in the corporate duties, with appropriate professional oversight, as provided under § 1710.30. 15 OFHEO received one comment on this governance regulation may differ from assistance. One commenter those found in the area of executive recommended that the annual review be section that recommended that the compensation, the standards used by expanded to include an annual review provision should be made co-extensive OFHEO for determining unreasonable, of the effectiveness of the corporate with the corresponding NYSE rules excessive, or inappropriate governance system. OFHEO has issued pursuant to the SOA, which are compensation are the same. In looking determined not to adopt that incorporated by reference, as those rules to reasonable compensation, OFHEO recommendation in the context of may be interpreted or changed from must consider the totality of review of the Enterprise board of time to time by the responsible bodies. circumstances for an Enterprise. This director activities and duties. The OFHEO has determined that the section, includes inquiry into compensation for provision is being adopted as proposed. as proposed, has incorporated by reference the appropriate NYSE and comparable positions at other firms, to Committees of Board of Directors SOA section and that, as appropriate, the degree they exist, along with less (§ 1710.12) OFHEO would look to the NYSE formulaic items such as the unique interpretation of the NYSE rules in nature of the Enterprises, the OFHEO proposed to add a determining whether an Enterprise was responsibilities and duties of the requirement to § 1710.11, redesignated in compliance with this section. OFHEO individual involved, and the as § 1710.12, that a committee of the has determined that it is unnecessary to environment and circumstances that board of directors of an Enterprise meet state this in the section and § 1710.12 is exist when the compensation is as frequently as necessary to carry out adopted as proposed. provided to the individual. Thus a its obligations and duties and to numerical comparison alone might be exercise adequate oversight of Compensation of Board Members, inadequate for OFHEO to discharge its 16 management. Executive Officers, and Employees obligations in considering The current corporate governance (§ 1710.13) compensation. Factors such as an regulation requires that an Enterprise OFHEO proposed to amend § 1710.12, Enterprise’s conduct, business establish audit and compensation redesignated as § 1710.13, by adding challenges, compliance with the committees of the board of directors. language that would prohibit mission of the Enterprise, compliance OFHEO proposed to add a requirement compensation in excess of what is with law and regulation, creation of that an Enterprise establish a appropriate for these government profit or loss, leadership, suitability of nominating/corporate governance sponsored enterprises, in addition to incentive structures, and other relevant committee consistent with appropriate what is reasonable (as the section matters would be important to making application of the final NYSE rules 17 currently reads) and consistent with a compensation determination under and that the committees of the board of long-term goals that are addressed in the either the corporate governance rules or proposed language of the section. the executive compensation rules. In 14 See Report of Special Examination, supra note both instances, safety and soundness 2 at 166. 18 See final NYSE rules Section 303A.06 and .07. underlies the goals of Congress 15 See Consent Order, supra note 5 at Art. II, Para. The final NYSE rule Section 303A.06 requires with expressed in the enabling statute of 10. respect to the audit committee that listed OFHEO and Congress has clearly 16 See Report of Special Examination, supra note companies must have an audit committee that 2 at 166, (discussing frequency of meetings). satisfies the requirements of Rule 10A–3 under the indicated that compensation may 17 Final NYSE rule Section 303A.04. Securities ExchangeAct of 1934. represent a safety and soundness

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problem should it provide perverse requirement; and (2) any profits realized Enterprise. In addition, OFHEO incentives. from the sale or disposition of securities proposed that, at least every three years, Section 1710.13(a), as proposed, is of the Enterprise that such person an Enterprise must review the adequacy further intended to underscore the owned or controlled during that 12- of its code of conduct and ethics to impropriety of compensation incentives month period. The provisions of the ensure that it is consistent with that excessively focus the attention of proposed paragraph would in no practices appropriate for the Enterprise. management and employees on an manner limit the authority of OFHEO to A few commenters recommended that Enterprise’s short-term earnings take any other appropriate supervisory OFHEO should require the code of performance. Incentives focused action against an Enterprise or any of its conduct and ethics to include the public primarily on short-term earnings may board members or executive officers mission of the Enterprises, charter lead to improper conduct at an pursuant to its enforcement authorities. compliance, and adherence to new Enterprise, as OFHEO discovered in its Enforcement authorities of OFHEO program prior approval standards and investigation of Freddie Mac.19 include restitution that may be applied affordable housing goals. OFHEO has Financial incentives at the Enterprises to situations involving conduct subject determined compliance with law, should foster a management culture in to reimbursement. regulation, and rules are appropriately which primary consideration is given to One commenter asked that the addressed in other sections of the risk management, operational stability reimbursement requirement be clarified regulation. and legal and regulatory compliance.20 to apply to restatement of financial Another commenter urged that As noted above, OFHEO has reporting under the securities laws. OFHEO address situations where an determined, in light of its experience OFHEO has clarified the language to Enterprise may use its unique with Freddie Mac, its ongoing state so expressly and to note that this characteristics to exact terms and supervision of both Enterprises, and section does not limit other OFHEO conditions from service providers. That given their Federal charters, board remedial powers that may be brought to commenter also urged that the code structure, public mission, regulatory bear for failures to make adequate should bar retaliation against entities for framework and status, size and role in disclosures. Another commenter political purposes. OFHEO has capital markets, that Fannie Mae and suggested that the reimbursement determined not to adopt these Freddie Mac should be required to provision is not necessary in view of the recommendations. OFHEO notes that adhere to certain policies that may not broad remedial and civil money penalty such conduct could be determined to be applicable to other companies. The powers of OFHEO. If it is retained, the violate existing safety and soundness compensation requirement in no way commenter requested that the rules and need not be subject to a detracts from the obligations of requirement should apply to Freddie special rule that could have unintended Enterprise board members and Mac after it has returned to the timely consequences that may result from management to meet their filing of financial statements and unnecessary definition. responsibilities to shareholders, but completed the voluntary registration of One commenter recommended a reflects the special attention that needs its securities. OFHEO has determined to reference to the NYSE rules requiring a to be paid as well to other important retain the reimbursement provision as code of conduct and NASDAQ rules public mission considerations in proposed with certain clarifying and relating to review and approval of directing the course and conduct of an technical changes.21 related party transactions; another commenter recommended express Enterprise. Code of Conduct and Ethics (§ 1710.14) One commenter recommended that reference to regulations issued by the executive incentives should expressly OFHEO proposed to amend § 1710.14 Commission implementing section 406 include no rewards for undue reliance by revising the section heading to read of the SOA. After considering these on the Enterprise subsidy or any activity ‘‘Code of Conduct and Ethics,’’ and by comments, OFHEO determined to that would enlarge it. OFHEO has referencing the standards set forth under clarify the section by adding language determined not to adopt that section 406 of the SOA. Section 406 requiring the code of conduct and ethics recommendation. provides that the ‘‘code of conduct and to include standards that comply with Section 1710.13(b) proposed to ethics’’ include standards as are applicable law, rules, and regulations, require the chief executive officer and reasonably necessary to promote (1) in addition to the express reference to chief financial officer to reimburse the honest and ethical conduct, including section 406 of the SOA. OFHEO is Enterprise if the Enterprise is required the ethical handling of actual or adding language that expressly to prepare an accounting restatement apparent conflicts of interest between incorporates section 406 along with any due to the material noncompliance of personal and professional relationships; amendments that may be made from the Enterprise, as a result of (2) full, fair, accurate, timely, and time to time. misconduct, with any financial understandable disclosure in the Another recommendation was that reporting requirement. Reimbursement periodic reports required to be filed by OFHEO should require more frequent would be made in accordance with the issuer of the report; and (3) reviews and that OFHEO require the section 304 of the SOA. Section 304 of compliance with applicable codes to be revised whenever a new the SOA would require reimbursement governmental rules and regulations. In market practice or a substantive change of (1) any bonus or other incentive- conducting its supervisory examination in law or rule defines new standards. based, equity or option-based process, OFHEO would ensure the These recommendations are addressed compensation received by such person adequacy and appropriateness of the by the provision, as modified, in that from the Enterprise during the 12-month code of conduct and ethics of an the code of conduct and ethics must period following the first public include standards that comply with issuance of the financial document 21 Freddie Mac will be subject to the requirements applicable law, rules, and regulations. embodying such financial reporting of this section once it has filed documents that are In addition, OFHEO has clarified the covered by the reimbursement provisions of section language concerning review of the code 304 of the SOA. The final language of § 1710.13 19 See Report of Special Examination, supra note uses the term ‘‘reimbursement’’ rather than to state expressly that after review of the 2 at 164. ‘‘disgorgement’’ to be consistent with the language code for consistency with practices 20 Consent Order, supra note 5 at Art. II, Para. 14. of section 304. appropriate for the Enterprise, the code

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should be appropriately revised. In requirements and is otherwise proposed section would conform the addition, it was recommended by one addressed elsewhere in the regulation. OFHEO supervisory regime to those of commenter that OFHEO change the OFHEO disagrees that it is inappropriate other financial regulators, as OFHEO language concerning review of the code to list the board’s oversight has determined is appropriate. The of conduct and ethics from that of responsibility of limits on extensions of proposal would assure review, ensuring that the code is ‘‘consistent’’ credit. Although § 1710.16 prohibits endorsement, and undertaking of with best practices to ‘‘reviewing in certain extensions of credit, responsibility by individuals required to light of’’ best practices. Recognizing a responsibility for oversight is not certify public disclosures. It would not range of appropriate practices may exist addressed in that section. OFHEO has limit OFHEO from requiring for a given matter, OFHEO has modified determined to adopt the provision as certifications by additional parties or the language to clarify that the review of proposed. additional disclosures. the code is to be for consistency with One commenter expressly supported Section 1710.16 Prohibition of practices appropriate for the Enterprise. Extensions of Credit to Board Members the proposal. Another commenter Conduct and Responsibilities of Board and Executive Officers requested that OFHEO clarify that the of Directors (§ 1710.15) proposed provision would not require OFHEO proposed to add § 1710.16, Freddie Mac to submit certifications Section 1710.15 of the current which would limit extensions of credit under section 302 of the SOA until corporate governance regulation to Enterprise board members and Freddie Mac completes the voluntary establishes appropriate standards for the executive officers as provided generally registration process. OFHEO has conduct and responsibilities of the by section 402 of the SOA. As adopted determined to retain the provision as board of directors of an Enterprise. here, section 402 of the SOA would proposed.22 OFHEO has published Given the special situation of the prohibit an Enterprise from directly or § 1710.17 as proposed, with a technical Enterprises, OFHEO proposed to amend indirectly, including through any correction and the addition of language § 1710.15 by adding a requirement with subsidiary, extending credit or arranging to clarify that the reference to SOA respect to the conduct and for the extension of credit in the form section 302 includes amendments to responsibilities of the board of directors. of a personal loan to or for any board that section as made from time to time. The proposal would require that the member or executive officer of the Enterprise board of directors must Enterprise. OFHEO believes that it is Change of External Audit Partner and remain reasonably informed of the appropriate to conform the OFHEO External Auditing Firm (§ 1710.18) condition, activities, and operations of regulation to that of other financial OFHEO proposed to add § 1710.18, the Enterprise. The proposal would also institution regulators in addressing which would prohibit an Enterprise describe the responsibility of the board extensions of credit by companies they from accepting audit services from an of directors to have in place policies and supervise, as the proposed section does. external auditor if either the lead (or procedures to assure its oversight of Two commenters requested that coordinating) external audit partner, corporate strategy, major plans of action, OFHEO delete the reference to any who has primary responsibility for the risk policy, programs for legal and subsidiary of an Enterprise because such external audit of the Enterprise, or the regulatory compliance, and corporate reference implies that OFHEO intends external audit partner, who has performance to include prudent plans that the Enterprises establish responsibility for reviewing the external for growth and allocation of adequate subsidiaries. OFHEO sees no such audit, has performed audit services for resources to manage operations risk, so implication in the proposed language. the Enterprise in each of the five as to promote safety and soundness. OFHEO has determined not to adopt previous fiscal years. This prohibition One commenter recommended that this recommendation; the intent of the relates to section 203 of the SOA that OFHEO expressly provide that risk language is to apply to the Enterprises makes it unlawful for a registered public policy mean not only consideration of the provisions of section 402 of the accounting firm to provide audit written policies and procedures but also SOA. services to a public company by such that the Enterprises comply with such Another commenter requested an audit partners in excess of five previous policies and that the board of directors express reference to interpretations of fiscal years. has an affirmative duty to ensure that section 402 of the SOA by the One commenter recommended that risk policies are enforced. OFHEO has Commission. OFHEO will look to the OFHEO incorporate section 203 of the determined not to adopt this interpretations of the Commission but SOA, as interpreted by the Commission, recommendation because the focus of has determined that a modification of in the provision. OFHEO has § 1710.15 is on policies and procedures the proposed language is unnecessary; determined not to adopt that designed to assure compliance. Risk language has been added, however, to recommendation at this time. OFHEO management compliance is clarify that the reference to section 402 looks to its existing safety and appropriately addressed in § 1710.19, of the SOA includes amendments as soundness requirements and its discussed below. made from time to time. With this supervisory program to assure that the Proposed § 1710.15 adds a provision technical modification, OFHEO has Enterprises mitigate risk by the use of expressly addressing the oversight issued § 1710.16 as proposed. service vendors that meet standards for responsibility related to extensions of Certification of Disclosures by Chief reliability and recourse. credit to board members and executive Another commenter recommended officers, consistent with the proposed Executive Officer and Chief Financial Officer (§ 1710.17) that the provision require rotation of § 1710.16, discussed below. In other audit partners involved in audits OFHEO proposed to add § 1710.17, conducting its supervisory examination of an Enterprise after seven years. which would require Enterprise process, OFHEO would ensure that OFHEO has determined not to adopt compliance with section 302 of the SOA adequate policies and procedures are in this recommendation, but notes that in place. One commenter recommended that mandates certain certifications of that this provision be deleted because it quarterly and annual reports by the 22 The provision would apply to documents filed is purportedly a narrower substantive chief executive officer and chief by Freddie Mac that meet the certification obligation than the other oversight financial officer of an Enterprise. The requirements under section 302 of the SOA.

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the matter of non-lead audit partners, support the determination that Fannie Enterprises.23 The establishment of such OFHEO expects that the Enterprises Mae and Freddie Mac should adhere to programs, with a view to best practices engage auditing firms that comply with certain policies that may not be appropriate for the Enterprises, will appropriate practices. applicable to other companies, assist the boards of directors in OFHEO also proposed a requirement including large regulated companies. managing their responsibilities to that, at least every ten years, an The existence of long term accounting oversee the adequacy of policies and Enterprise must change its external relationships has been demonstrated, in procedures for compliance and risk auditing firm. Many commenters the review of the Enterprises by OFHEO, management. objected to the proposed requirement to to pose specific risks. The difficulty of Commenters generally supported the change the external auditing firm every changing auditing firms would not proposal. One commenter suggested that ten years on the basis that such a change outweigh the finding of threatened harm OFHEO consider whether there should would be counterproductive because of that may be occasioned by certain long be a direct reporting relationship to the loss of expertise and associated term audit relationships. Freddie Mac board; others recommended more increased risk of error and fraud, lack of maintained the same accounting flexibility with respect to the structure support for such a regulation in current relationship for over 32 years and its and reporting scheme of the compliance literature or Federal statute, and accounting problems were only and risk management programs. OFHEO impracticality in light of the existence of uncovered after it changed auditors in has determined to retain the only four large accounting firms 2002. In 2005, Fannie Mae has requirement that the chief compliance available for the work attendant to a announced that it will replace its officer and chief risk officer report government sponsored enterprise. The auditor with which it has had a directly to the chief executive officer of commenters opined that the safeguards relationship for over 36 years. the Enterprise, but has clarified that the of the SOA, in terms of audit partner A central argument of commenters regular reporting of such officers may be rotations and the oversight and audit was that the required change made to the board of directors or to an role of the Public Company Accounting undermines the pressure on an audit appropriate committee thereof. OFHEO Oversight Board, are adequate. firm, that is, if a firm has a contract and has made other clarifying and technical OFHEO disagrees with these produces less than satisfactory work, changes to make the section easier to commenters with respect to the then a termination of that contract read. Enterprises. In light of its special brings the firm into the public eye. Also, examination of Freddie Mac and its Compliance With Other Laws the requirement to change firms, it is ongoing supervision of both Enterprises, (§ 1710.19(c)) argued, removes the incentive to move OFHEO has determined to require against a firm as the requirement would OFHEO also proposed that if an Fannie Mae and Freddie Mac to adhere change the firm at a set point. This, the Enterprise deregisters or does not to certain standards to assure safe and argument goes, would remove positive register its common stock with the sound operations, even though they may pressures on the engaging company and Commission, the Enterprise must represent different standards than those the auditing firm. OFHEO disagrees comply with sections 301, 302, 304, generally applied to non-government with respect to the Enterprises. Further, 402, and 406 of the SOA, subject to such sponsored companies or other large in the case of the Enterprises, Congress additional requirements as provided by regulated companies. Created by § 1710.30.24 It would also require that a Congress to facilitate liquidity and saw fit to create a regulator to oversee the operations of the firms, including registered Enterprise maintain its stability in mortgage markets and to registered status, unless it provides 60 advance affordable housing, the accounting standards and external audit relationships. OFHEO has the ability to days prior written notice to the Director Enterprises receive special benefits from stating its intent to deregister and its government sponsorship making them act in the case of a poorly performing Enterprise auditor at any time, not just understanding that it will remain unlike other large companies in subject to certain requirements of the significant respects. The business of the at the time of a planned change. Further, it should be noted that SOA, as provided above. Enterprises is limited by statute; their One commenter requested that OFHEO does not consider the existence hedge accounts require intensive and OFHEO clarify that this provision at present of four major auditing firms complicated accounting; they have a would not apply to a situation in which to be an insurmountable impediment. unique mission; they must undertake an Enterprise deregisters its securities With the proper safeguards, OFHEO specialized tasks by law; and, they are and that § 1710.30 should not be would consider appropriate both regulated apart from other companies referenced in § 1710.19. OFHEO Enterprises using the same auditing firm due to their unique structure, that is, a disagrees and has determined to adopt concurrently, thereby contributing to single regulator for only two entities. § 1710.19(c) as proposed, with minor the options open to an Enterprise. Further, the Enterprises have grown to clarifying and technical changes. become two of the largest and highly However, because both Enterprises leveraged financial companies in the have now changed audit firms, the Modification of Certain Provisions world in terms of assets, controlling provision is not included in this final (§ 1710.30) together a majority share of the regulation. OFHEO proposed to move provisions secondary market for conforming Compliance and Risk Management of its existing regulation and to maintain mortgages. In addition, due to the Programs (§ 1710.19(a) and (b)) similar treatment for new provisions in government sponsorship, the § 1710.30 to make clear that OFHEO, in Enterprises are not as susceptible to Proposed § 1710.19 would require an referencing and employing other certain forms of market discipline. All Enterprise to establish and maintain a of these differences and unique features compliance program and a risk 23 See Report of Special Examination, demand full and accurate accounting, management program. OFHEO believes Recommended Actions, Nos. 9 and 10, supra note accounting that is essential for safe and that the establishment and maintenance 2 at 167–168, and Consent Order, supra note 5. of compliance and risk management 24 This provision would apply to Freddie Mac as sound operations and disclosures that will provisions of sections 1710.13(b) and 1710.17 assure access to capital markets. These programs are essential for the continued for reports that are filed subject to section 302 and distinctive characteristics would safe and sound operations of the 304 of SOA.

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sources for corporate governance they would not result in an annual include an initial regulatory flexibility standards, may modify its requirements effect on the economy of $100 million analysis describing the regulation’s to meet its statutory responsibilities for or more or a major increase in costs or impact on small entities. Such an oversight of the Enterprises. References prices for consumers, individual analysis need not be undertaken if the to standards of Federal or state law industries, Federal, state, or local agency has certified that the regulation (including the Revised Model government agencies, or geographic will not have a significant economic Corporation Act), or NYSE rules in regions; or have significant adverse impact on a substantial number of small §§ 1710.10, 1710.11, 1710.12, 1710.17, effects on competition, employment, entities. 5 U.S.C. 605(b). OFHEO has and 1710.19 do not limit the ability of investment, productivity, innovation, or considered the impact of the OFHEO to modify OFHEO standards as on the ability of United States-based amendments to the corporate necessary to meet its statutory enterprises to compete with foreign- governance regulation under the responsibilities.25 The proposal would based enterprises in domestic or foreign Regulatory Flexibility Act. The General require that notice be provided to the markets. Accordingly, no regulatory Counsel of OFHEO certifies that the Enterprises of any modifications. impact assessment is required. corporate governance regulation and the Some commenters noted that OFHEO Nevertheless, the final amendments amendments thereto are not likely to would be required to publish any were submitted to the Office of have a significant economic impact on modifications for notice and comment Management and Budget for review a substantial number of small business under the Administrative Procedure under other provisions of Executive entities because it is applicable only to Act. OFHEO is clarifying the provision Order 12866 as a significant regulatory the Enterprises, which are not small by adding language that would make action. entities for purposes of the Regulatory clear that OFHEO would make Flexibility Act. modifications to its requirements Executive Order 13132, Federalism pursuant to 5 U.S.C. 553. Section 553 Executive Order 13132 requires that List of Subjects in 12 CFR Part 1710 requires notice and comment of a Executive departments and agencies Administrative practice and substantive regulation with certain identify regulatory actions that have procedure, Government Sponsored exceptions, including where the significant federalism implications. A Enterprises. regulation would grant or recognize an regulation has federalism implications if I Accordingly, for the reasons stated in exemption or relieve a restriction, or for it has substantial direct effects on the the preamble, OFHEO amends 12 CFR good cause found by the agency. states, on the relationship or part 1710 to subchapter C of chapter XVII distribution of power between the to read as follows: Issuance of Final Amendments to Federal Government and the states, or Regulation on the distribution of power and PART 1710—CORPORATE OFHEO has determined to issue the responsibilities among various levels of GOVERNANCE final amendments to its corporate government. The Enterprises are I governance regulation at 12 CFR 1710. federally chartered corporations 1. The authority citation for part 1710 The final regulation incorporates supervised by OFHEO. The corporate continues to read as follows: provisions adopted as proposed as well governance regulation and the Authority: 12 U.S.C. 4513(a) and as modifications that enhance clarity or amendments thereto set forth minimum 4513(b)(1). craft a more workable regulation, many corporate governance standards with § 1710.13 [Removed] of the modifications result from which the Enterprises must comply for comments that provided useful legal Federal supervisory purposes. The I 2. Remove § 1710.13. and operational insights. The final corporate governance regulation §§ 1710.11 and 1710.12 [Redesignated as regulation continues to build the requires that an Enterprise elect a body §§ 1710.12 and 1710.13] OFHEO supervisory infrastructure and of state corporate law or the Revised I 3. Redesignate §§ 1710.11 and 1710.12 to meet the ongoing efforts of OFHEO to Model Corporation Act to follow in as new §§ 1710.12 and 1710.13, operate in a transparent manner. The terms of its corporate practices and respectively. final regulation should provide greater procedures. The corporate governance I 4. Add a new § 1710.11 to read as certainty for the Enterprises regarding regulation and the amendments thereto follows: regulatory expectations. Appropriate do not affect in any manner the powers corporate governance and appropriate and authorities of any state with respect § 1710.11 Board of directors. corporate governance supervision help to the Enterprises or alter the (a) Membership—(1) Limits on service ensure the continued safe and sound distribution of power and of board members—(i) General operation of the Enterprises as directed responsibilities between Federal and requirement. No board member of an by Congress. state levels of government. Therefore, Enterprise may serve on the board of Regulatory Impact OFHEO has determined that the directors for more than 10 years or past corporate governance regulation and the the age of 72, whichever comes first; Executive Order 12866, Regulatory amendments thereto have no federalism provided, however, a board member Planning and Review implications that warrant the may serve his or her full term if he or The amendments to the corporate preparation of a Federalism Assessment she has served less than 10 years or is governance regulation are not classified in accordance with Executive Order 72 years on the date of his or her as an economically significant rule 13132. election or appointment to the board. under Executive Order 12866 because (ii) Waiver. Upon written request of Regulatory Flexibility Act an Enterprise, the Director may waive, 25 Section 1710.10 provides generally that an The Regulatory Flexibility Act (5 in his or her sole discretion and for good Enterprise must follow the corporate governance U.S.C. 601 et seq.) requires that a cause, the limits on the service of a practices and procedures of the law of the regulation that has a significant board member under paragraph (a)(1)(i) jurisdiction in which the principal office of the Enterprise is located, Delaware General Corporation economic impact on a substantial of this section. Law, or the Revised Model Business Corporation number of small entities, small (2) Independence of board members. Act. businesses, or small organizations A majority of seated members of the

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board of directors of an Enterprise shall (3) Nominating/corporate governance § 1710.15 Conduct and responsibilities of be independent board members, as committee. board of directors. defined under rules set forth by the I 6. Amend newly designated § 1710.13 * * * * * NYSE, as amended from time to time. by revising newly designated paragraph (b) Conduct and responsibilities. The (b) Meetings, quorum and proxies, (a) and by adding a new paragraph (b) to board of directors of an Enterprise is information, and annual review—(1) read as follows: responsible for directing the conduct Frequency of meetings. The board of and affairs of the Enterprise in directors of an Enterprise shall meet at § 1710.13 Compensation of board furtherance of the safe and sound least eight times a year and no less than members, executive officers, and operation of the Enterprise and shall once a calendar quarter to carry out its employees. remain reasonably informed of the obligations and duties under applicable (a) General. Compensation of board condition, activities, and operations of laws, rules, regulations, and guidelines. members, executive officers, and the Enterprise. The responsibilities of (2) Non-management board member employees of an Enterprise shall not be the board of directors include having in meetings. Non-management directors of in excess of that which is reasonable place adequate policies and procedures an Enterprise shall meet at regularly and appropriate, shall be commensurate to assure its oversight of, among other scheduled executive sessions without with the duties and responsibilities of matters, the following: management participation. such persons, shall be consistent with (1) Corporate strategy, major plans of (3) Quorum of board of directors; the long-term goals of the Enterprise, action, risk policy, programs for legal proxies not permissible. For the shall not focus solely on earnings and regulatory compliance and transaction of business, a quorum of the performance, but shall take into account corporate performance, including but board of directors of an Enterprise is at risk management, operational stability not limited to prudent plans for growth least a majority of the seated board of and legal and regulatory compliance as and allocation of adequate resources to directors and a board member may not well, and shall be undertaken in a manage operations risk; vote by proxy. manner that complies with applicable (2) Hiring and retention of qualified (4) Information. Management of an laws, rules, and regulations. senior executive officers and succession Enterprise shall provide a board (b) Reimbursement. If an Enterprise is planning for such senior executive member of the Enterprise with such required to prepare an accounting officers; (3) Compensation programs of the adequate and appropriate information restatement due to the material Enterprise; that a reasonable board member would noncompliance of the Enterprise, as a (4) Integrity of accounting and find important to the fulfillment of his result of misconduct, with any financial financial reporting systems of the or her fiduciary duties and obligations. reporting requirement under the Enterprise, including independent (5) Annual review. At least annually, securities laws, the chief executive audits and systems of internal control; the board of directors of an Enterprise officer and chief financial officer of the (5) Process and adequacy of reporting, shall review, with appropriate Enterprise shall reimburse the disclosures, and communications to professional assistance, the Enterprise as provided under section shareholders, investors, and potential requirements of laws, rules, regulations, 304 of the SOA, as amended from time investors; and guidelines that are applicable to its to time. This provision does not (6) Extensions of credit to board activities and duties. otherwise limit the authority of OFHEO I members and executive officers; and 5. Amend newly designated § 1710.12 to employ remedies available to it under (7) Responsiveness of executive by revising paragraph (b) and by adding its enforcement authorities. officers in providing accurate and new paragraph (c) to read as follows: I 7. Amend § 1710.14 by revising the timely reports to Federal regulators and § 1710.12 Committees of board of section heading, revising newly in addressing the supervisory concerns directors. designated paragraph (a) and adding new of Federal regulators in a timely and * * * * * paragraph (b) to read as follows: appropriate manner. (b) Frequency of meetings. A § 1710.14 Code of conduct and ethics. * * * * * committee of the board of directors of an I 9. Add new § 1710.16 to read as Enterprise shall meet with sufficient (a) General. An Enterprise shall follows: frequency to carry out its obligations establish and administer a written code of conduct and ethics that is reasonably § 1710.16 Prohibition of extensions of and duties under applicable laws, rules, credit to board members and executive regulations, and guidelines. designed to assure the ability of board members, executive officers, and officers. (c) Required committees. An An Enterprise may not directly or Enterprise shall provide for the employees of the Enterprise to discharge their duties and responsibilities, on indirectly, including through any establishment of, however styled, the subsidiary, extend or maintain credit, following committees of the board of behalf of the Enterprise, in an objective and impartial manner, and that includes arrange for the extension of credit, or directors, which committees shall be in renew an extension of credit, in the compliance with the charter, standards required under section 406 of the SOA, as amended from time to time, form of a personal loan to or for any independence, composition, expertise, board member or executive officer of the duties, responsibilities, and other and other applicable laws, rules, and regulations. Enterprise as provided by section 402 of requirements set forth under section 301 the SOA, as amended from time to time. of the Sarbanes-Oxley Act of 2002, Pub. (b) Review. Not less than once every I 10. Add new § 1710.17 to read as L. 107–204 (Jul. 30, 2002) (SOA), as three years, an Enterprise shall review follows: amended from time to time, with the adequacy of its code of conduct and respect to the audit committee, and ethics for consistency with practices § 1710.17 Certification of disclosures by under rules issued by the NYSE, as appropriate to the Enterprise and make chief executive officer and chief financial amended from time to time— any appropriate revisions to such code. officer. (1) Audit committee; I 8. Amend § 1710.15 by revising The chief executive officer and the (2) Compensation committee; and paragraph (b) to read as follows: chief financial officer of an Enterprise

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shall review each quarterly report and Commission (Commission) under the DEPARTMENT OF TRANSPORTATION annual report issued by the Enterprise Securities Exchange Act of 1934, the and such reports shall include Enterprise shall comply or continue to Federal Aviation Administration certifications by such officers as comply with sections 301, 302, 304, required by section 302 of the SOA, as 402, and 406 of the SOA, as amended 14 CFR Part 39 amended from time to time. from time to time, subject to such [Docket No. FAA–2004–18561; Directorate I 11. Add new § 1710.18 to read as requirements as provided by § 1710.30 Identifier 2004–NM–13–AD; Amendment 39– follows: of this part. 14042; AD 2005–07–18] § 1710.18 Change of audit partner. (2) An Enterprise that has its common RIN 2120–AA64 An Enterprise may not accept audit stock registered with the Commission services from an external auditing firm shall maintain such registered status, Airworthiness Directives; McDonnell if the lead or coordinating audit partner unless it provides 60 days prior written Douglas Model DC–9–15F Airplanes who has primary responsibility for the notice to the Director stating its intent Modified In Accordance With external audit of the Enterprise, or the to deregister and its understanding that Supplemental Type Certificate (STC) external audit partner who has it will remain subject to the SA1993SO; and Model DC–9–10, DC– 9–20, DC–9–30, DC–9–40, and DC–9–50 responsibility for reviewing the external requirements of sections 301, 302, 304, Series Airplanes in All-Cargo audit has performed audit services for 402, and 406 of the SOA, as amended Configuration, Equipped With a Main- the Enterprise in each of the five from time to time, subject to such Deck Cargo Door previous fiscal years. requirements as provided by § 1710.30 I 12. Add new § 1710.19 to read as of this part. AGENCY: Federal Aviation follows: Administration (FAA), Department of I 13. Add new subpart D to read as Transportation (DOT). § 1710.19 Compliance and risk follows: management programs; compliance with ACTION: Final rule. other laws. Subpart D—Modification of Certain SUMMARY: The FAA is adopting a new (a) Compliance program. (1) An Provisions airworthiness directive (AD) for the Enterprise shall establish and maintain airplanes listed above. For certain a compliance program that is reasonably § 1710.30 Modification of certain airplanes, this AD requires inspecting to designed to assure that the Enterprise provisions. determine the airplane’s cargo complies with applicable laws, rules, In connection with standards of configuration, and reporting findings to regulations, and internal controls. Federal or state law(including the the FAA. For airplanes modified in (2) The compliance program shall be Revised Model Corporation Act) or headed by a compliance officer, accordance with a certain STC or with NYSE rules that are made applicable to a cargo configuration that deviates from however styled, who reports directly to an Enterprise by §§ 1710.10, 1710.11, the chief executive officer of the the as-delivered configuration, this AD 1710.12, 1710.17, and 1710.19 of this Enterprise. The compliance officer shall requires revising certain manuals and part, the Director, in his or her sole report regularly to the board of directors manual supplements to specify certain discretion, may modify the standards or an appropriate committee of the cargo limitations. This AD also requires board of directors on compliance with contained in this part in accordance relocating all cargo restraints on the and the adequacy of current compliance with 5 U.S.C. 553 and upon written main cargo deck. This AD is prompted policies and procedures of the notice to the Enterprise. by reports that deficiencies related to the cargo loading system may exist on Enterprise, and shall recommend any Dated: March 31, 2005. all McDonnell Douglas Model DC–9– adjustments to such policies and Stephen A. Blumenthal, procedures that he or she considers 15F airplanes modified in accordance Acting Director, Office of Federal Housing with STC SA1993SO. We are issuing necessary and appropriate. Enterprise Oversight. (b) Risk management program. (1) An this AD to ensure that cargo in the main [FR Doc. 05–6781 Filed 4–5–05; 8:45 am] Enterprise shall establish and maintain cabin is adequately restrained and to a risk management program that is BILLING CODE 4220–01–P prevent failure of components of the reasonably designed to manage the risks cargo loading system, failure of the floor of the operations of the Enterprise. structure, or shifting of cargo. Any of (2) The risk management program these conditions could cause cargo to shall be headed by a risk management exceed load distribution limits or cause officer, however styled, who reports damage to the or control cables, directly to the chief executive officer of which could result in reduced the Enterprise. The risk management controllability of the airplane. officer shall report regularly to the board DATES: This AD becomes effective May of directors or an appropriate committee 11, 2005. of the board of directors on compliance Docket: The AD docket contains the with and the adequacy of current risk proposed AD, comments, and any final management policies and procedures of disposition. You can examine the AD the Enterprise, and shall recommend docket on the Internet at http:// any adjustments to such policies and dms.dot.gov, or in person at the Docket procedures that he or she considers Management Facility office between 9 necessary and appropriate. a.m. and 5 p.m., Monday through (c) Compliance with other laws. (1) If Friday, except Federal holidays. The an Enterprise deregisters or has not Docket Management Facility office registered its common stock with the (telephone (800) 647–5227) is located on U.S. Securities and Exchange the plaza level of the Nassif Building at

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the U.S. Department of Transportation, indicates that a total of 33 airplanes proposed AD, the configuration 400 Seventh Street, SW., room PL–401, worldwide (including 30 of U.S. provided by STC SA1993SO and similar Washington, DC. This docket number is registry) would be affected by the configurations have deficiencies FAA–2004–18561; the directorate proposal. The commenter questions the including inadequate design of the cargo identifier for this docket is 2004–NM– accuracy of this number because it loading system, inadequate loading 13–AD. operates 74 airplanes in cargo procedures, and lack of identification of FOR FURTHER INFORMATION CONTACT: configuration (including the airplanes loading devices and restraining Rany Azzi, Aerospace Engineer, described previously that were methods. We find that it is necessary to Airframe Branch, ACE–117A, FAA, originally delivered as passenger require an inspection of the main deck Atlanta Aircraft Certification Office, airplanes). cargo compartment to determine the One Crown Center, 1895 Phoenix We concur with the commenter’s exact and accurate details of the Boulevard, suite 450, Atlanta, Georgia request to revise the applicability of this airplane’s cargo configuration. 30349; telephone (770) 703–6083; fax AD. Our intent was to make the We also do not agree to extend the (770) 703–6097. requirements of this AD apply to compliance time beyond the proposed SUPPLEMENTARY INFORMATION: The FAA airplanes delivered by the original 60 days. As we explained in the proposed to amend 14 CFR Part 39 with equipment manufacturer (OEM) with, or preamble of the proposed AD, in an AD for McDonnell Douglas Model modified by a third party to have, a developing the compliance time for the DC–9–15F airplanes modified in main-deck cargo door that proposed actions, we considered the accordance with supplemental type accommodates certain unit loading degree of urgency associated with certificate (STC) SA1993SO; and Model devices. Accordingly, we have revised addressing the subject unsafe condition, DC–9–11–DC–9 12, DC–9–13, DC–9–14, the applicability of this AD to specify and the time that would be necessary to DC–9–15, DC–9–15F, DC–9–21, DC–9– that this AD applies to Model DC–9–11, accomplish the proposed requirements. 31, DC–9–32, DC–9–32 (VC–9C), DC–9– DC–9–12, DC–9–13, DC–9–14, DC–9–15, Based on these factors, we find that a 32F, DC–9–33F, DC–9–34, DC–9–34F, DC–9–15F, DC–9–21, DC–9–31, DC–9– 60-day compliance time for completing DC–9–32F (C–9A, C–9B), DC–9–41, and 32, DC–9–32 (VC–9C), DC–9–32F, DC– the required inspection and report DC–9–51 airplanes in all-cargo 9–33F, DC–9–34, DC–9–34F, DC–9–32F represents an appropriate period of time configuration. For certain airplanes, that (C–9A, C–9B), DC–9–41, and DC–9–51 for affected airplanes to continue to action, published in the Federal airplanes in all-cargo configuration, and operate without compromising safety. Register on July 8, 2004 (69 FR 41204), equipped with a main-deck cargo door. Specifically considering the proposed to require inspecting to We have determined that only 8 of the commenter’s fleet, as we stated determine the airplane’s cargo commenter’s 74 airplanes would be in previously, only 8 of the commenter’s configuration, and reporting findings to this category. This AD also continues to 74 cargo airplanes are subject to the the FAA. For airplanes modified in apply to Model DC–9–15F airplanes requirements of this AD. Therefore, we accordance with a certain STC or with modified in accordance with find that 60 days constitutes an a cargo configuration that deviates from supplemental type certificate (STC) appropriate compliance time in which the as-delivered configuration, that SA1993SO. neither safety nor the commenter’s operations will be adversely affected. action proposed to require revising Request To Allow Records Review or We have not changed the final rule in certain manuals and manual Extend Compliance Time supplements to specify certain cargo this regard. The same commenter requests that we limitations. That action also proposed to revise the proposed AD to allow Request To Limit Applicability of require relocating all cargo restraints on determining the details of the cargo Manual Revisions and Cargo Restraint the main cargo deck. configuration from airplane records Relocation Comments without performing the inspection of The same commenter notes that the We provided the public the the main deck cargo compartment. The proposed manual revisions in paragraph opportunity to participate in the commenter states that it can determine (h) of the proposed AD do not take into development of this AD. We have the cargo configuration of its airplanes consideration the different cargo zones considered the comments that have by reviewing the airplane records. The and loading configurations for DC–9–30 been submitted on the proposed AD. commenter further requests that we and DC–9–40 series airplanes. The extend the compliance time from 60 commenter states that the requirements Support for the Proposed AD days after the effective date to 6 months of paragraphs (h) and (i) of the proposed One commenter supports the intent of or longer after the effective date if we do AD appear to target a specific the proposed AD and concurs with the not agree that a records review is an configuration and series, such as a proposed actions. acceptable method of complying with Model DC–9–15F airplane modified in the proposed requirements. The accordance with STC SA1993SO. The Request To Revise Applicability commenter states that the proposed 60- commenter wants the FAA to first Statement day compliance time would be unduly accomplish a thorough evaluation of the One commenter, an operator, requests burdensome. details of each specific STC cargo that we revise the applicability of the We do not agree that a records review configuration before subjecting an proposed AD. The commenter states is an acceptable method of complying operator to a limitation on cargo that certain airplanes in its fleet were with the requirements of this AD. We loading, or a modification to the cargo originally delivered as passenger proposed this AD because we are aware configuration. The commenter requests airplanes but have been modified by that some airplanes delivered by the that we revise the proposed AD to make various STCs to all-cargo configuration. OEM in all-cargo configuration, with a paragraphs (h) and (i) apply only to None of these airplanes were modified main-deck cargo door, have been airplanes that have been modified by in accordance with STC SA1993SO, and modified to a configuration similar to STC SA1993SO, and to specify that none has a main deck cargo door. The that provided by STC SA1993SO requirements for other airplanes will be commenter notes that the Costs of without any documentation in the issued after an evaluation of the Compliance section of the proposed AD airplane records. As explained in the configuration details submitted as

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required by paragraph (f) of the the reporting requirements of paragraph that have been submitted, and proposed AD. (f) of this AD, as provided by paragraph determined that air safety and the We do not concur. We have (j) of this AD. We will determine public interest require adopting the AD determined that the limitations stated in whether or not the operator’s fleet’s as proposed. cargo configuration exhibits the same paragraph (h) and the requirements unsafe conditions exhibited by airplanes Costs of Compliance stated in paragraph (i) of this AD can be modified in accordance with STC This AD affects about 3 airplanes of applied to most airplanes subject to this SA1993SO or airplanes in similar U.S. registry, out of 5 airplanes modified AD, regardless of model or configurations. We have not changed configuration. Should an operator find the final rule in this regard. in accordance with STC SA1993SO that it is unable to comply with the worldwide. The following table specific requirements of this AD, that Conclusion provides the estimated costs for U.S. operator must request approval of an We have carefully reviewed the operators of these airplanes to comply alternative method of compliance with available data, including the comments with this AD.

ESTIMATED COSTS—AIRPLANES MODIFIED IN ACCORDANCE WITH STC SA1993SO

Average labor Cost per Action Work hours rate per hour Parts airplane Fleet cost

Manual changes ...... 1 $65 None ...... $65 $195 Relocation of cargo restraints on main deck ...... 24 65 None ...... 1,560 4,680

This AD also affects about 27 configuration. The following table operators of these airplanes to comply airplanes of U.S. registry out of 28 provides the estimated costs for U.S. with this AD. airplanes worldwide that are in all-cargo

ESTIMATED COSTS—AIRPLANES IN ALL-CARGO CONFIGURATION

Average labor Cost per Action Work hours rate per hour Parts airplane Fleet cost

Inspection/Reporting ...... 8 $65 None ...... $520 $14,040

Authority for This Rulemaking responsibilities among the various Authority: 49 U.S.C. 106(g), 40113, 44701. levels of government. Title 49 of the United States Code For the reasons discussed above, I § 39.13 [Amended] specifies the FAA’s authority to issue certify that this AD: I 2. The FAA amends § 39.13 by adding rules on aviation safety. Subtitle I, (1) Is not a ‘‘significant regulatory the following new airworthiness Section 106, describes the authority of action’’ under Executive Order 12866; directive (AD): the FAA Administrator. Subtitle VII, (2) Is not a ‘‘significant rule’’ under Aviation Programs, describes in more 2005–07–18 McDonnell Douglas: DOT Regulatory Policies and Procedures Amendment 39–14042. Docket No. detail the scope of the Agency’s (44 FR 11034, February 26, 1979); and FAA–2004–18561; Directorate Identifier authority. (3) Will not have a significant 2004–NM–13–AD. We are issuing this rulemaking under economic impact, positive or negative, the authority described in Subtitle VII, on a substantial number of small entities Effective Date Part A, Subpart III, Section 44701, under the criteria of the Regulatory (a) This AD becomes effective May 11, ‘‘General requirements.’’ Under that Flexibility Act. 2005. section, Congress charges the FAA with We prepared a regulatory evaluation Affected ADs promoting safe flight of civil aircraft in of the estimated costs to comply with (b) None. air commerce by prescribing regulations this AD. See the ADDRESSES section for for practices, methods, and procedures a location to examine the regulatory Applicability the Administrator finds necessary for evaluation. (c) This AD applies to McDonnell Douglas Model DC–9–15F airplanes modified in safety in air commerce. This regulation List of Subjects in 14 CFR Part 39 is within the scope of that authority accordance with supplemental type certificate (STC) SA1993SO; and Model DC– because it addresses an unsafe condition Air transportation, Aircraft, Aviation safety, Safety. 9–11, DC–9–12, DC–9–13, DC–9–14, DC–9– that is likely to exist or develop on 15, DC–9–15F, DC–9–21, DC–9–31, DC–9–32, products identified in this rulemaking Adoption of the Amendment DC–9–32 (VC–9C), DC–9–32F, DC–9–33F, action. DC–9–34, DC–9–34F, DC–9–32F (C–9A, C– I Accordingly, under the authority 9B), DC–9–41, and DC–9–51 airplanes in all- Regulatory Findings delegated to me by the Administrator, cargo configuration, equipped with a main- We have determined that this AD will the FAA amends 14 CFR part 39 as deck cargo door; certificated in any category. follows: not have federalism implications under Unsafe Condition Executive Order 13132. This AD will PART 39—AIRWORTHINESS (d) This AD was prompted by reports that not have a substantial direct effect on DIRECTIVES deficiencies related to the cargo loading the States, on the relationship between system may exist on all McDonnell Douglas the national government and the States, I 1. The authority citation for part 39 Model DC–9–15F airplanes modified in or on the distribution of power and continues to read as follows: accordance with STC SA1993SO. We are

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issuing this AD to ensure that cargo in the Manual Revisions Issued in Renton, Washington, on March main cabin is adequately restrained and to (h) For airplanes modified in accordance 25, 2005. prevent failure of components of the cargo with STC SA1993SO and airplanes specified Ali Bahrami, loading system, failure of the floor structure, in paragraph (g) of this AD: Within 90 days Manager, Transport Airplane Directorate, or shifting of cargo. Any of these conditions after the effective date of this AD, revise the Aircraft Certification Service. could cause cargo to exceed load distribution Limitations section of the airplane flight [FR Doc. 05–6757 Filed 4–5–05; 8:45 am] limits or cause damage to the fuselage or manual (AFM), the AFM supplements, the control cables, which could result in reduced Limitations section of the airplane weight BILLING CODE 4910–13–P controllability of the airplane. and balance manual (AWBM), and the AWBM supplements to include the Compliance information specified below. This may be DEPARTMENT OF TRANSPORTATION (e) You are responsible for having the accomplished by inserting a copy of this AD actions required by this AD performed within into the affected manual or supplement. After Federal Aviation Administration the compliance times specified, unless the accomplishment of these revisions, the actions have already been done. airplane must be operated in accordance with 14 CFR Part 39 these limitations. Airplanes Not Modified in Accordance With ‘‘REDUCTION IN CARGO LOADS AS STC SA1993SO: Inspection and Reporting FOLLOWS: [Docket No. 83–ANE–14–AD; Amendment • 39–14043; AD 83–08–01R2] (f) For airplanes not modified in Zone 1 (most forward): Limited to a accordance with STC SA1993SO: maximum of 4,000 pounds, • Zones 2 through 7: Limited to a Within 60 days after the effective date of RIN 2120–AA64 maximum of 5,200 pounds each, this AD, perform an inspection of the main • Zone 8 (most aft): Limited to a maximum Airworthiness Directives; Hartzell deck cargo compartment to determine the of 2,000 pounds. details of the airplane’s cargo configuration. Propeller Inc. (Formerly TRW Hartzell Within 60 days after the effective date of this Note: The maximum total payload that can Propeller) Models HC–B3TN–2, HC– AD, submit a report of the details of the be carried on the main deck is limited to the B3TN–3, HC–B3TN–5, HC–B4TN–3, airplane’s cargo configuration through the lesser of: HC–B4TN–5, HC–B4MN–5, and HC– FAA Principal Maintenance Inspector (PMI), • The approved cargo barrier weight limit, B5MP–3 Turbopropellers or the cognizant Flight Standards District • Weight permitted by the approved Office, as applicable, to the Manager, Atlanta maximum zero-fuel weight, AGENCY: Federal Aviation Aircraft Certification Office (ACO), FAA, • Weight permitted by the approved main Administration, DOT. Small Airplane Directorate. The report must deck position weights, ACTION: Final rule. include the airplane serial number, • Weight permitted by the approved main inspection results, and the information deck running load or distributed load SUMMARY: The FAA is revising an specified in paragraphs (f)(1), (f)(2), (f)(3), limitations, or existing airworthiness directive (AD), • and (f)(4) of this AD. Under the provisions of Approved cumulative zone or fuselage that is applicable to Hartzell Propeller the Paperwork Reduction Act of 1980 (44 monocoque structural loading limitations Inc. (formerly TRW Hartzell Propeller) U.S.C. 3501 et seq.), the Office of (including lower hold cargo). Limitations: models HC–B3TN–2, HC–B3TN–3, HC– Management and Budget (OMB) has Use only unit loading devices (ULDs) B3TN–5, HC–B4TN–3, HC–B4TN–5, approved the information collection (containers and pallets) that are structurally HC–B4MN–5, and HC–B5MP–3 requirements contained in this AD and has compatible with the cargo loading system. turbopropellers. That AD requires, assigned OMB Control Number 2120–0056. One means of establishing compatibility is before further flight, that all new (1) Restraint system: Does the airplane through compliance with the specifications propellers being installed and all have vertical side restraints installed on the of NAS 3610 for ULDs approved under main deck floor? How many vertical side serviceable propellers being reinstalled, Technical Standard Order (TSO) C90a, b, or are attached using part number (P/N) B– restraints are installed per airplane side? c; or as provided by the appropriate (2) Vertical fore/aft restraints: How many instructions of a Supplemental Type 3339 bolts and P/N A–2048–2 washers, vertical fore/aft restraints are installed on Certificate or other approved means. and that the bolts are properly torqued. each end of a pallet position? Alternative methods of compliance can be That AD also requires a onetime torque- (3) For airplanes with missing vertical side obtained as specified in paragraph (j) of this check of P/N A–2047 bolts that are restraints: Is a bump rail installed? AD. already installed through propellers and (4) Unit Loading Devices (ULDs): What Ensure proper restraining of the ULDs by replacement of those bolts if necessary, type/model ULDs are used for cargo carriage engaging all cargo loading system restraints. with P/N B–3339 bolts and P/N A– in affected airplanes? Obtain NAS 3610 The center-of-gravity shift of each ULD 2048–2 washers. This AD requires the designation from affixed data plate as must not exceed 10 percent of its base longitudinal or lateral directions. same actions, and includes the use of required by Technical Standard Order (TSO) other equivalent FAA-approved C90a, b, c, or designation provided by STC Relocation of Cargo Restraints or other approved means. Is there a manual serviceable bolts and washers. This AD (i) For airplanes modified in accordance or document that indicates the type/model of results from the need to make with STC SA1993SO and airplanes specified ULDs to use? If there is such a manual or nonsubstantive wording changes and in paragraph (g) of this AD: Within 90 days document, include the manual/document additions to clarify that terminating after the effective date of this AD, relocate all action is achieved by attaching number and revision level in the report fore/aft cargo restraints in the main cargo required by paragraph (f) of this AD. deck to left and right buttock lines 22.0 and propellers with P/N B–3339 bolts and P/ N A–2048–2 washers or other Airplanes Deviating From Original 44.5. Configuration: Required Action equivalent FAA-approved serviceable Alternative Methods of Compliance bolts and washers, to the engine flange, (g) During the inspection required by (AMOCs) as instructed in the compliance section paragraph (f) of this AD, if the airplane’s (j) The Manager, Atlanta ACO, has the cargo configuration deviates from the original of this AD. We are issuing this AD to authority to approve AMOCs for this AD, if preclude propeller attaching bolt configuration as delivered by McDonnell requested in accordance with the procedures Douglas (including, but not limited to, found in 14 CFR 39.19. failures or improperly secured missing vertical side restraints or revised propellers, which could lead to fore/aft restraint configuration), accomplish Material Incorporated by Reference separation of the propeller from the paragraphs (h) and (i) of this AD. (k) None. airplane.

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DATES: This AD becomes effective May serviceable bolts and washers, in lieu of Regulatory Analysis 11, 2005. using only P/N B–3339 bolts and P/N This final rule does not have ADDRESSES: Contact Hartzell Propeller A–2048–2 washers. federalism implications, as defined in Inc. Technical Publications Department, Correction of Petrolated Graphite Executive Order 13132, because it One Propeller Place, Piqua, OH 45356; Military Specification Number would not have a substantial direct telephone (937) 778–4200; fax (937) effect on the States, on the relationship We have corrected the Petrolated 778–4391, for the service information between the national government and referenced in this AD. You may examine Graphite Military Specification number in the compliance section from MIL–T– the States, or on the distribution of the AD docket at the FAA, New England power and responsibilities among the Region, Office of the Regional Counsel, 5544 to MIL–T–83483. We have carefully reviewed the various levels of government. 12 New England Executive Park, available data, including the comment Accordingly, the FAA has not consulted Burlington, MA. received, and determined that air safety with state authorities prior to FOR FURTHER INFORMATION CONTACT: and the public interest require adopting publication of this final rule. Melissa T. Bradley, Aerospace Engineer, the AD with the changes described For the reasons discussed above, I Chicago Aircraft Certification Office, previously. We have determined that certify that this action (1) is not a FAA, Small Airplane Directorate, 2300 these changes will neither increase the ‘‘significant regulatory action’’ under East Devon Avenue, Des Plaines, IL economic burden on any operator nor Executive Order 12866; (2) is not a 60018; telephone: (847) 294–8110; fax: increase the scope of the AD. ‘‘significant rule’’ under the DOT (847) 294–7834. Regulatory Policies and Procedures (44 SUPPLEMENTARY INFORMATION: The FAA Costs of Compliance FR 11034, February 26, 1979); and (3) proposed to amend 14 CFR part 39 with There are about 17,000 Hartzell will not have a significant economic a proposed airworthiness directive (AD). Propeller Inc. models HC–B3TN–2, HC– impact, positive or negative, on a The proposed AD applies to Hartzell B3TN–3, HC–B3TN–5, HC–B4TN–3, substantial number of small entities Propeller Inc. (formerly TRW Hartzell HC–B4TN–5, HC–B4MN–5, and HC– under the criteria of the Regulatory Propeller) models HC–B3TN–2, HC– B5MP–3 turbopropellers of the affected Flexibility Act. A final evaluation has B3TN–3, HC–B3TN–5, HC–B4TN–3, design in the worldwide fleet. We been prepared for this action and it is HC–B4TN–5, HC–B4MN–5, and HC– estimate that 11,900 turbopropellers contained in the Rules Docket. A copy B5MP–3 turbopropellers by revising AD installed on airplanes of U.S. registry of it may be obtained by contacting the 83–08–01R1, Amendment 39–4633 (48 would be affected by this AD. We also Rules Docket at the location provided FR 17576, April 25, 1983), which is estimate that all of these propellers under the caption ADDRESSES. applicable to the same turbopropellers. likely have upgraded to the P/N B–3339 List of Subjects in 14 CFR Part 39 We published the proposed AD in the bolts and P/N A–2048–2 washers, or Federal Register on October 20, 2004 equivalent FAA-approved serviceable Air transportation, Aircraft, Aviation (69 FR 61611). That action proposed to bolts and washers, since issuance of the safety, Safety. require the same actions as AD 83–08– original AD. The average labor rate is Adoption of the Amendment 01R1, except that it would not be $65 per work hour. Bolt and washer I applicable to propellers installed using replacement will require about 1.5 work Accordingly, pursuant to the authority P/N B–3339 bolts and P/N A–2048–2 hours. Required parts will cost about delegated to me by the Administrator, washers, and it would not require an $260 per propeller. Based on these the Federal Aviation Administration additional onetime torque-check of P/N figures, we estimate the total cost of the amends part 39 of the Federal Aviation A–2047 bolts. This AD results from the AD to replace the bolts and washers for Regulations (14 CFR part 39) as follows: need to make nonsubstantive wording all 11,900 turbopropellers, to be PART 39—AIRWORTHINESS changes and additions to clarify that $4,248,300. DIRECTIVES terminating action is achieved by Authority for This Rulemaking attaching propellers with P/N B–3339 I 1. The authority citation for part 39 bolts and P/N A–2048–2 washers or Title 49 of the United States Code continues to read as follows: other equivalent FAA-approved specifies the FAA’s authority to issue Authority: 49 U.S.C. 106(g), 40113, 44701. serviceable bolts and washers, to the rules on aviation safety. Subtitle I, engine flange, as instructed in the Section 106, describes the authority of § 39.13 [Amended] compliance section of this AD. the FAA Administrator. Subtitle VII, I 2. Section 39.13 is amended by Aviation Programs, describes in more removing Amendment 39–4633 (48 FR Comments detail the scope of the Agency’s 17576, April 25, 1983) and by adding a We provided the public the authority. new airworthiness directive, opportunity to participate in the We are issuing this rulemaking under Amendment 39–14043, to read as development of this AD. We have the authority described in Subtitle VII, follows: considered the one comment received. Part A, Subpart III, Section 44701, ‘‘General requirements.’’ Under that 83–08–01R2 Hartzell Propeller Inc. (formerly TRW Hartzell Propeller): Request To Add Parts Manufacturer section, Congress charges the FAA with Approval (PMA) Parts Amendment 39–14043. Docket No. 83– promoting safe flight of civil aircraft in ANE–14–AD. Revises AD 83–08–01R1, One commenter requests that we air commerce by prescribing regulations Amendment 39–4633 modify the compliance section to state for practices, methods, and procedures Applicability that PMA equivalent parts can also be the Administrator finds necessary for used to attach the propeller. The safety in air commerce. This regulation This AD is applicable to Hartzell Propeller is within the scope of that authority Inc. (formerly TRW Hartzell Propeller) commenter states that the proposed AD models HC–B3TN–2, HC–B3TN–3, HC– did not reference all FAA-PMA parts. because it addresses an unsafe condition B3TN–5, HC–B4TN–3, HC–B4TN–5, HC– We partially agree. For clarification, that is likely to exist or develop on B4MN–5, and HC–B5MP–3 turbopropellers. we have added references to the use of products identified in this rulemaking The HC–B()TN–2, HC–B()TN–3, and HC– other equivalent FAA-approved action. B()MP–3 propellers are typically installed on

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Pratt & Whitney Canada Model PT6A–() repair on the unsafe condition addressed by (3) Apply MIL–T–83483 Petrolated series engines. The HC–B()TN–5 and HC– this AD; and, if the unsafe condition has not Graphite, or Hartzell Lubricant part number B()MN–5 series propellers are typically been eliminated, the request should include (P/N) A–3338, to threads of the eight P/N B– installed on Honeywell International Inc., specific proposed actions to address it. 3339 attaching bolts (and remainder of bolt (formerly AlliedSignal Inc., Garrett Turbine if desired) and to flat surfaces of the eight P/ Engine Company, and AIResearch Compliance N A–2048–2 washers, or to other equivalent Manufacturing Company of Arizona) TPE– Compliance with this AD is required as FAA-approved serviceable bolts and washers. 331–() series engines. indicated, unless already done. (4) Install the eight P/N B–3339 attaching Note 1: This AD applies to each propeller To preclude propeller attaching bolt bolts and eight P/N A–2048–2 washers, or identified in the preceding applicability failures or improperly secured propellers, other equivalent FAA-approved serviceable provision, regardless of whether it has been which could lead to separation of the bolts and washers, that were prepared in modified, altered, or repaired in the area propeller from the airplane, do the following: paragraph (a)(3) of this AD, through the subject to the requirements of this AD. For (a) Install all new propellers and engine flange and into the propeller flange. propellers that have been modified, altered, serviceable propellers, as follows, before (5) Torque all attaching bolts with a torque or repaired so that the performance of the further flight: wrench and an appropriate adapter, to 40 ft.- requirements of this AD are affected, the (1) Install the propeller oil seal to the lbs., and then to 80 ft.-lbs., following owner/operator must request approval for an engine flange after ensuring that the engine sequence ‘‘A’’ (shown below). Final torque alternative method of compliance in and propeller flanges are clean. all attaching bolts using sequence ‘‘B’’ accordance with paragraph (c) of this AD. (2) Carefully install propeller on the engine (shown below) to 100 ft.-lbs. to 105 ft.-lbs. The request should include an assessment of flange ensuring that complete and true Safety wire all attaching bolts in an FAA- the effect of the modification, alteration, or contact is established. approved manner.

(6) Once the propeller is installed with P/ disassembly, remove all eight bolts and Special Flight Permits N B–3339 bolts and P/N A–2048–2 washers, washers and replace with P/N B–3339 bolts (d) Special flight permits may be issued in or other equivalent FAA-approved and P/N A–2048–2 washers, or other accordance with §§ 21.197 and 21.199 of the serviceable bolts and washers, this AD no equivalent FAA-approved serviceable bolts longer applies. Federal Aviation Regulations (14 CFR 21.197 and washers. Use paragraphs (a)(1) through (b) Within the next 300 hours time-in- and 21.199) to operate the airplane to a service after the effective date of this AD, do (a)(5) of this AD to do the replacements. location where the requirements of this AD the following on all applicable (5) Hartzell Service Instructions No. 140A, can be done. turbopropellers presently installed with P/N Revision 9, dated March 30, 2005, is the A–2047 attaching bolts: latest service information that pertains to the Effective Date (1) Check the torque, with a torque wrench subject of this AD. (e) This amendment becomes effective on and an appropriate adapter, of all eight May 11, 2005. propeller attaching bolts (with washers Alternative Methods of Compliance installed). Torque should be 100 ft-lbs. to 125 (c) An alternative method of compliance or Issued in Burlington, Massachusetts, on ft.-lbs., with dry threads. (Caution: Do not use adjustment of the compliance time that March 30, 2005. any lubricant with the P/N A–2047 bolts. provides an acceptable level of safety may be Diane Cook, Safety wire all bolts in an FAA-approved used if approved by the Manager, Chicago manner.) Acting Manager, Engine and Propeller (2) If the torque of any one of the bolts is Aircraft Certification Office. Operators must Directorate, Aircraft Certification Service. found to be less than 100 ft.-lbs., remove all submit their requests through an appropriate [FR Doc. 05–6778 Filed 4–5–05; 8:45 am] FAA Principal Maintenance Inspector, who eight bolts and washers and replace with P/ BILLING CODE 4910–13–P N B–3339 bolts and P/N A–2048–2 washers, may add comments and then send it to the or other equivalent FAA-approved Manager, Chicago Aircraft Certification serviceable bolts and washers, using Office. paragraphs (a)(1) through (a)(5) of this AD. Note 2: Information concerning the (3) A P/N A–2047 bolt has the letter ‘‘H’’ existence of approved alternative methods of stamped inside a triangle on the bolt. A P/ N B–3339 bolt has the P/N stamped inside compliance with this airworthiness directive, the cupped head. if any, may be obtained from the Chicago (4) If the torque of each P/N A–2047 bolt Aircraft Certification Office. is in compliance, then at next propeller

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DEPARTMENT OF TRANSPORTATION 2. The FAA Regional Office of the safety relating directly to published region in which the affected airport is aeronautical charts. The circumstances Federal Aviation Administration located. which created the need for some SIAP By Subscription—Copies of all SIAPs, amendments may require making them 14 CFR Part 97 mailed once every 2 weeks, are for sale effective in less than 30 days. For the [Docket No. 30441; Amdt. No. 3119] by the Superintendent of Documents, remaining SIAPs, an effective date at U.S. Government Printing Office, least 30 days after publication is Standard Instrument Approach Washington, DC 20402. provided. Procedures; Miscellaneous FOR FURTHER INFORMATION CONTACT: Further, the SIAPs contained in this Amendments Donald P. Pate, Flight Procedure amendment are based on the criteria Standards Branch (AMCAFS–420), AGENCY: contained in the U.S. Standard for Federal Aviation Flight Technologies and Programs Administration (FAA), DOT. Division, Flight Standards Service, Terminal Instrument Procedures ACTION: Final rule. Federal Aviation Administration, Mike (TERPS). In developing these SIAPs, the Monroney Aeronautical Center, 6500 TERPS criteria were applied to the SUMMARY: This amendment establishes, South MacArthur Blvd. City, conditions existing or anticipated at the amends, suspends, or revokes Standard affected airports. Because of the close Instrument Approach Procedures OK 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK 73125) and immediate relationship between (SIAPs) for operations at certain these SIAPs and safety in air commerce, airports. These regulatory actions are telephone: (405) 954–4164. SUPPLEMENTARY INFORMATION: This I find that notice and public procedure needed because of the adoption of new before adopting these SIAPs are or revised criteria, or because of changes amendment to part 97 of the Federal impracticable and contrary to the public occurring in the National Airspace Aviation Regulations (14 CFR part 97) interest and, where applicable, that System, such as the commissioning of establishes, amends, suspends, or new navigational facilities, addition of revokes Standard Instrument Approach good cause exists for making some new obstacles, or changes in air traffic Procedures (SIAPs). The complete SIAPs effective in less than 30 days. requirements. These changes are regulatory description of each SIAP is Conclusion designed to provide safe and efficient contained in official FAA form use of the navigable airspace and to documents which are incorporated by The FAA has determined that this promote safe flight operations under reference in this amendment under 5 regulation only involves an established instrument flight rules at the affected U.S.C. 552(a), 1 CFR part 51, and § 97.20 body of technical regulations for which airports. of the Federal Aviation Regulations frequent and routine amendments are (FAR). The applicable FAA Forms are DATES: This rule is effective April 6, necessary to keep them operationally identified as FAA Forms 8260–3, 8260– current. It, therefore—(1) is not a 2005. The compliance date for each 4, and 8260–5. Materials incorporated SIAP is specified in the amendatory ‘‘significant regulatory action’’ under by reference are available for Executive Order 12866; (2) is not a provisions. examination or purchase as stated ‘‘significant rule’’ under DOT The incorporation by reference of above. Regulatory Policies and Procedures (44 certain publications listed in the The large number of SIAPs, their regulations is approved by the Director complex nature, and the need for a FR 11034; February 26, 1979); and (3) of the Federal Register as of April 6, special format make their verbatim does not warrant preparation of a 2005. publication in the Federal Register regulatory evaluation as the anticipated ADDRESSES: Availability of matters expensive and impractical. Further, impact is so minimal. For the same incorporated by reference in the airmen do not use the regulatory text of reason, the FAA certifies that this amendment is as follows: the SIAPs, but refer to their graphic amendment will not have a significant For Examination— depiction on charts printed by economic impact on a substantial 1. FAA Rules Docket, FAA publishers of aeronautical materials. number of small entities under the Headquarters Building, 800 Thus, the advantages of incorporation criteria of the Regulatory Flexibility Act. Independence Avenue, SW., by reference are realized and List of Subjects in 14 CFR Part 97 Washington, DC 20591; publication of the complete description 2. The FAA Regional Office of the of each SIAP contained in FAA form Air Traffic Control, Airports, region in which the affected airport is documents is unnecessary. The Incorporation by reference, Navigation located; provisions of this amendment state the (Air). 3. The Flight Inspection Area Office affected CFR (and FAR) sections, with which originated the SIAP; or, the types and effective dates of the Issued in Washington, DC on March 25, 4. The National Archives and Records SIAPs. This amendment also identifies 2005. Administration (NARA). For the airport, its location, the procedure James J. Ballough, information on the availability of this identification and the amendment Director, Flight Standards Service. material at NARA, call 202–741–6030, number. or go to: http://www.archives.gov/ Adoption of the Amendment federal_register/ The Rule I code_of_federal_regulations/ This amendment to part 97 is effective Accordingly, pursuant to the authority ibr_locations.html. upon publication of each separate SIAP delegated to me, part 97 of the Federal For Purchase—Individual SIAP as contained in the transmittal. Some Aviation Regulations (14 CFR part 97) is copies may be obtained from: SIAP amendments may have been amended by establishing, amending, 1. FAA Public Inquiry Center (APA– previously issued by the FAA in a suspending, or revoking Standard 200), FAA Headquarters Building, 800 National Flight Data Center (NFDC) Instrument Approach Procedures, Independence Avenue, SW., Notice to Airmen (NOTAM) as an effective at 0901 UTC on the dates Washington, DC 20591; or emergency action of immediate flight specified, as follows:

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PART 97—STANDARD INSTRUMENT FOR FURTHER INFORMATION CONTACT: 21 CFR Part 520 APPROACH PROCEDURES David R. Newkirk, Center for Veterinary Medicine (HFV–100), Food and Drug Animal drugs. I 1. The authority citation for part 97 Administration,7500 Standish Pl., I continues to read as follows: Therefore, under the Federal Food, Rockville, MD 20855, 301–827–6967, e- Drug and Cosmetic Act and under Authority: 49 U.S.C. 106(g), 40103, 40106, mail: [email protected]. authority delegated to the Commissioner 40113, 40114, 40120, 44502, 44514, 44701, SUPPLEMENTARY INFORMATION: Akzo 44719, 44721–44722. of Food and Drugs and redelegated to the Nobel, Box 851, S–44485 Stenungsund, Center for Veterinary Medicine, 21 CFR I 2. Part 97 is amended to read as Sweden, has informed FDA that it has parts 510 and 520 are amended as follows: transferred ownership of, and all rights follows: and interest in, NADA 10–886 for * * * Effective 12 May 2005 Purina Liquid Wormer to Virbac AH, PART 510—NEW ANIMAL DRUGS Sylacauga, AL, Merkel Field Sylacauga Inc., 3200 Meacham Blvd., Ft. Worth, Muni, NDB–A, Amdt 3 TX 76137. I 1. The authority citation for 21 CFR Sylacauga, AL, Merkel Field Sylacauga Following this change of sponsorship, part 510 continues to read as follows: Muni, RNAV (GPS) RWY 9, Orig Akzo Nobel is no longer the sponsor of Sylacauga, AL, Merkel Field Sylacauga an approved application. Accordingly, Authority: 21 U.S.C. 321, 331, 351, 352, Muni, RNAV (GPS) RWY 27, Orig 21 CFR 510.600(c) is being amended to 353, 360b, 371, 379e. Dallas-Fort Worth, TX, Dallas/Fort remove the entries for Akzo Nobel. Worth International, VOR RWY 31L, Purina Liquid Wormer (NADA 10– § 510.600 [Amended] Orig 886) is labeled for use in chickens, Lancaster, PA, Lancaster, LOC RWY 8 I 2. Section 510.600 is amended in the turkeys, and swine. The drug was the table in paragraph (c)(1) by removing the Orig subject of a National Academy of Lancaster, PA, Lancaster, ILS OR LOC entry for ‘‘Akzo Nobel Surface Chemistry Sciences/National Research Council RWY 8, Amdt 15, CANCELLED AB’’ and in the table in paragraph (c)(2) evaluation of effectiveness under FDA’s Newport News, VA, Newport News/ by removing the entry for ‘‘063765’’. Williamsburg Intl, ILS OR LOC RWY drug efficacy study implementation 25, Orig (DESI) program (DESI 10–005V). The PART 520—ORAL DOSAGE FORM findings of the evaluation were NEW ANIMAL DRUGS * * * Effective 07 July 2005 published in the Federal Register of February 14, 1969 (34 FR 2213). A Savannah, GA, Savannah/Hilton Head I 3. The authority citation for 21 CFR separate entry in part 520 (21 CFR part Intl, VOR/DME OR TACAN RWY 36, part 520 continues to read as follows: Orig 520) (§ 520.1807) was created (64 FR Savannah, GA, Savannah/Hilton Head 23017, April 29, 1999) to accommodate Authority: 21 U.S.C. 360b. Intl, VOR/DME OR TACAN RWY 18, oral piperazine products approved for Orig use in chickens, turkeys, and swine I 4. Section 520.1806 is revised to read Savannah, GA, Savannah/Hilton Head consistent with DESI findings and as follows: Intl, VOR/DME–A, Orig human food safety requirements (DESI § 520.1806 Piperazine suspension. Pulaski, TN, Abernathy Field, VOR/ finalization). However to date, NADA DME RWY 33, Amdt 2 10–886 has not been DESI finalized. (a) Specifications. Each milliliter of Pulaski, TN, Abernathy Field, RNAV Accordingly, § 520.1807 will not be suspension contains piperazine (GPS) RWY 15, Amdt 1 amended to reflect the approval of monohydrochloride equivalent to 33.5 Pulaski, TN, Abernathy Field, RNAV NADA 10–886 until the current sponsor milligrams (mg) piperazine base. (GPS) RWY 33, Amdt 1 of that NADA submits a supplemental (b) Sponsor. See No. 017135 in NADA adequate for DESI finalization. [FR Doc. 05–6656 Filed 4–5–05; 8:45 am] § 510.600(c) of this chapter. BILLING CODE 4910–13–P In addition, § 520.1806 has been found to inaccurately list Akzo Nobel as (c) Special considerations. See the sponsor of an oral piperazine § 500.25(c) of this chapter. DEPARTMENT OF HEALTH AND product approved for use in dogs. This (d) Conditions of use in dogs—(1) HUMAN SERVICES error occurred during the codification of Indications for use. For the removal of a previous change of sponsor for NADA roundworms (Toxocara canisand Food and Drug Administration 10–886 (59 FR 28763, June 3, 1994). Toxascaris leonina). Accordingly, the agency is amending 21 CFR Parts 510 and 520 the regulations in § 520.1806 to remove (2) Dosage. Administer 20 to 30 mg Akzo Nobel’s drug labeler code and to piperazine base per pound body weight New Animal Drugs; Change of Sponsor reflect the current format. as a single dose. This rule does not meet the definition AGENCY: Food and Drug Administration, (3) Limitations. Administer by mixing of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because HHS. into the animal’s ration to be consumed it is a rule of ‘‘particular applicability.’’ ACTION: Final rule. at one feeding. For animals in heavily Therefore, it is not subject to the contaminated areas, reworm at monthly SUMMARY: The Food and Drug congressional review requirements in 5 intervals. Not for use in unweaned pups Administration (FDA) is amending the U.S.C. 801–808. or animals less than 3 weeks of age. animal drug regulations to reflect a List of Subjects change of sponsor for a new animal drug Dated: December 10, 2004. application (NADA) from Akzo Nobel 21 CFR Part 510 Steven D. Vaughn, Surface Chemistry AB (Azko Nobel) to Administrative practice and Director, Office of New Animal Drug Virbac AH, Inc. procedure, Animal drugs, Labeling, Evaluation, Center for Veterinary Medicine. DATES: This rule is effective April 6, Reporting and recordkeeping [FR Doc. 05–6721 Filed 4–5–05; 8:45 am] 2005. requirements. BILLING CODE 4160–01–S

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LIBRARY OF CONGRESS sports programming represented by the including such station, on the last day Office of the Commissioner of Baseball. of a given month. Copyright Office Section 119(c)(1)(D)(ii)(II) requires the I 3. Section 258.3 is amended by adding Library to ‘‘provide public notice of the new paragraphs (d) through (h) to read as 37 CFR Part 258 royalty fees from the voluntary follows: [Docket No. 2004–9 CARP SRA] agreement and afford parties an opportunity to state that they object to § 258.3 Royalty fee for secondary Rate Adjustment for the Satellite those fees.’’ 17 U.S.C. 119(c)(1)(D)(ii)(II). transmission of broadcast stations by satellite carriers. Carrier Compulsory License The Library published a Notice of Proposed Rulemaking on January 26, * * * * * AGENCY: Copyright Office, Library of 2005, to fulfill this requirement. 70 FR (d) Commencing January 1, 2005, the Congress. 3656 (January 26, 2005). No objections royalty rate for secondary transmission ACTION: Final rule. were received. Consequently, the of broadcast stations by satellite carriers Library is adopting the voluntary shall be as follows: SUMMARY: The Copyright Office of the agreement as final. (1) For private home viewing– Library of Congress is publishing the (i) 20 cents per subscriber per month royalty rates for analog television List of Subjects in 37 CFR Part 258 for distant superstations. broadcast stations retransmitted by Copyright, Satellite, Television. (ii) 17 cents per subscriber per month satellite carriers under the section 119 for distant network stations. Final Regulation statutory license. (2) For viewing in commercial DATES: January 1, 2005. I For the reasons set forth above, the establishments, 40 cents per subscriber FOR FURTHER INFORMATION CONTACT: Copyright Office amends 37 CFR chapter per month for distant superstations. David O. Carson, General Counsel, or II as follows: (e) Commencing January 1, 2006, the Tanya Sandros, Associate General royalty rate for secondary transmission PART 258—ADJUSTMENT OF of broadcast stations by satellite carriers Counsel, Copyright Arbitration Royalty ROYALTY FEE FOR SECONDARY Panel (CARP), P.O. Box 70977, shall be as follows: TRANSMISSIONS BY SATELLITE (1) For private home viewing– Southwest Station, Washington, DC CARRIERS (i) 21.5 cents per subscriber per 20024. Telephone: (202) 707–8380. month for distant superstations. Telefax: (202) 252–3423. I 1. The authority citation for part 258 is amended to read as follows: (ii) 20 cents per subscriber per month SUPPLEMENTARY INFORMATION: On for distant network stations. December 8, 2004, the President signed Authority: 17 U.S.C. 119, 702, 802. (2) For viewing in commercial the Satellite Home Viewer Extension I 2. Section 258.2 is revised to read as establishments, 43 cents per subscriber and Reauthorization Act (‘‘SHVERA’’), a follows: per month for distant superstations. part of the Consolidated Appropriations (f) Commencing January 1, 2007, the Act of 2005. Pub.L. 108–447, 118 Stat. § 258.2 Definitions. royalty rate for secondary transmission 3394. SHVERA extends for an (a) Commercial establishment. The of broadcast stations by satellite carriers additional five years the statutory term ‘‘commercial establishment’’ shall be as follows: license for satellite carriers means an establishment used for (1) For private home viewing– retransmitting over–the–air television commercial purposes, such as bars, (i) 23 cents per subscriber per month broadcast stations to their subscribers, restaurants, private offices, fitness clubs, for distant superstations. 17 U.S.C. 119, as well as making a oil rigs, retail stores, banks and financial (ii) 23 cents per subscriber per month number of amendments to the license. institutions, supermarkets, auto and for distant network stations. One of the amendments to section 119 boat dealerships, and other (2) For viewing in commercial sets forth a process for adjusting the establishments with common business establishments, 46 cents per subscriber royalty fees paid by satellite carriers for areas; provided that the term per month for distant superstations. retransmitting analog television network ‘‘commercial establishment’’ shall not (g) Commencing January 1, 2008, the and superstations. 17 U.S.C. 119(c)(1). include a multi–unit permanent or royalty rate for secondary transmission The law directs the Librarian of temporary dwelling where private home of broadcast stations by satellite carriers Congress to publish notice in the viewing occurs, such as hotels, shall be as follows: Federal Register requesting satellite dormitories, hospitals, apartments, (1) For private home viewing– carriers, distributors and copyright condominiums and prisons, all of which (i) The 2007 rate per subscriber per owners to submit to the Copyright shall be subject to the rates applicable month for distant superstations adjusted Office any voluntary agreements they to private home viewing. for the amount of inflation as measured have negotiated as to the adjustment of (b) Syndex–proof signal. A satellite by the change in the Consumer Price the rates for analog stations. The Library retransmission of a broadcast signal Index for all Urban Consumers from published such a notice on December shall be deemed ‘‘syndex proof’’ for January 2007 to January 2008. 30, 2004, and, pursuant to the statute, purposes of § 258.3(b) if, during any (ii) The 2007 rate per subscriber per requested that any agreements be semi–annual reporting period, the month for distant network stations submitted no later than January 10, retransmission does not include any adjusted for the amount of inflation as 2005. 69 FR 78482 (December 30, 2004). program which, if delivered by any measured by the change in the The Office has received one cable system in the United States, Consumer Price Index for all Urban agreement, submitted jointly by the would be subject to the syndicated Consumers from January 2007 to satellite carriers DirecTV, Inc. and exclusivity rules of the Federal January 2008. EchoStar Satellite L.L.C., the copyright Communications Commission. (2) For viewing in commercial owners of motion pictures and (c) Per subscriber per month. The establishments, the 2007 rate per syndicated television series represented term ‘‘per subscriber per month’’ means subscriber per month for viewing by the Motion Picture Association of each subscriber subscribing to the distant superstations in commercial America, and the copyright owners of station in question, or to a package establishments adjusted for the amount

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of inflation as measured by the change ADDRESSES: EPA has established a I. What Action Is EPA Taking? in the Consumer Price Index for all docket for this action under Regional Today we are approving the Urban Consumers from January 2007 to Material in EDocket (RME) Docket ID compliance date changes found in the January 2008. No. R06–OAR–2005–TX–0020. All March 9, 2005, TXLED SIP revision (h) Commencing January 1, 2009, the documents in the docket are listed in submitted by the State of Texas. We are royalty rate for secondary transmission the Regional Material in EDocket (RME) approving the phased schedule for of broadcast stations by satellite carriers index at http://docket.epa.gov/rmepub/, compliance which extends the shall be as follows: once in the system, select ‘‘quick compliance date from April 1, 2005 to (1) For private home viewing– search,’’ then key in the appropriate (i) The 2008 rate per subscriber per October 1, 2005 for producers and RME Docket identification number. importers, from April 1, 2005 to month for distant superstations adjusted Although listed in the index, some for the amount of inflation as measured November 15, 2005 for bulk plant information is not publicly available, distribution facilities, and from April 1, by the change in the Consumer Price i.e., CBI or other information whose Index for all Urban Consumers from 2005 to January 1, 2006 for retail fuel disclosure is restricted by statute. dispensing outlets, wholesale bulk January 2008 to January 2009. Certain other material, such as (ii) The 2008 rate per subscriber per purshaser/consumer facilities, and all copyrighted material, is not placed on other affected persons. month for distant network stations the Internet and will be publicly adjusted for the amount of inflation as available only in hard copy form. II. What Is the Background for This measured by the change in the Publicly available docket materials are Action? Consumer Price Index for all Urban available either electronically in RME or Consumers from January 2008 to We approved the original TXLED rule in hard copy at the Air Planning Section on November 14, 2001, (66 FR 57196) as January 2009. (6PD–L), Environmental Protection (2) For viewing in commercial part of the Texas SIP and also found that Agency, 1445 Ross Avenue, Suite 700, it was relied upon for demonstrating establishments, the 2008 rate per Dallas, Texas 75202–2733. The file will subscriber per month for viewing attainment in the Houston-Galveston be made available by appointment for Attainment Demonstration SIP. On distant superstations in commercial public inspection in the Region 6 FOIA establishments adjusted for the amount December 15, 2004, the Texas Review Room between the hours of 8:30 Commission on Environmental Quality of inflation as measured by the change a.m. and 4:30 p.m. weekdays except for in the Consumer Price Index for all (TCEQ) Commissioners proposed to legal holidays. Contact the person listed revise the TXLED rule. Among other Urban Consumers from January 2008 to in the FOR FURTHER INFORMATION January 2009. revisions, the commission proposed to CONTACT paragraph below or Mr. Bill extend the compliance date from April Dated: March 25, 2005 Deese at (214) 665–7253 to make an 1, 2005 to October 1, 2005. The Marybeth Peters, appointment. If possible, please make commission proposed this extension Register of Copyrights. the appointment at least two working because of concern about product Approved by: days in advance of your visit. There will availability by the current compliance James H. Billington, be a 15 cent per page fee for making date. On February 16, 2005 the The Librarian of Congress. photocopies of documents. On the day Executive Director of the TCEQ of the visit, please check in at the EPA [FR Doc. 05–6840 Filed 4–5–05; 8:45 am] submitted a letter to EPA requesting Region 6 reception area at 1445 Ross BILLING CODE 1410–33–S parallel processing of the compliance Avenue, Suite 700, Dallas, Texas. date portion of the SIP revision for The State submittal is also available TXLED. for public inspection at the State Air ENVIRONMENTAL PROTECTION On February 24, 2005, we proposed Agency listed below during official AGENCY approval, through parallel processing, of business hours by appointment: Texas a revision to the SIP that would change 40 CFR Part 52 Commission on Environmental Quailty, the compliance date for TXLED fuel Office of Air Quality, 12124 Park 35 from April 1, 2005, to October 1, 2005, [R06–OAR–2005–TX–0020; FRL–7895–9] Circle, Austin, Texas 78753. consistent with a proposed revision to the state rule that the state had noticed Approval and Promulgation of Air FOR FURTHER INFORMATION CONTACT: for public hearing. In addition, we Quality Implementation Plans; Texas; Sandra Rennie, Air Planning Section proposed approval and requested Low-Emission Diesel Fuel Compliance (6PD–L), Environmental Protection comments on a refinement to the State’s Date Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202–2733, proposed revision that the state had AGENCY: Environmental Protection telephone (214) 665–7367; fax number subsequently indicated that it was Agency (EPA). 214–665–7263; e-mail address considering. The refinement would ACTION: Final approval. [email protected]. extend the compliance date from April 1, 2005 to October 1, 2005 for producers SUMMARY: The EPA is granting final SUPPLEMENTARY INFORMATION: and importers, from April 1, 2005 to approval to a revision to the Texas Low Throughout this document wherever November 15, 2005 for bulk plant Emission Diesel (TXLED) fuel program ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean distribution facilities, and from April 1, State Implementation Plan (SIP) that the EPA. 2005 to January 1, 2006 for retail fuel applies in 110 counties in the eastern Outline dispensing outlets, wholesale bulk and central parts of Texas. Under purchaser/consumer facilities, and all section 553(d)(1) of the Administrative I. What Action Is EPA Taking? other affected persons. II. What Is the Background for This Action? Procedure Act, EPA is making this The commission adopted revisions to action effective upon publication III. What Comments Were Received During the Public Comment Period, February 24, the TXLED SIP on March 9, 2005. The because it relieves a restriction. 2005, to March 28, 2005? revision was submitted to EPA on DATES: This rule is effective April 6, IV. Final Action March 23, 2005. The submitted revision 2005. V. Statutory and Executive Order Reviews is consistent with our proposal. It

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extends the compliance date from April under state law and does not impose may take effect, the agency 1, 2005 to October 1, 2005 for producers any additional enforceable duty beyond promulgating the rule must submit a and importers, from April 1, 2005 to that required by state law, it does not rule report, which includes a copy of November 15, 2005 for bulk plant contain any unfunded mandate or the rule, to each House of the Congress distribution facilities, and from April 1, significantly or uniquely affect small and to the Comptroller General of the 2005 to January 1, 2006 for retail fuel governments, as described in the United States. EPA will submit a report dispensing outlets, wholesale bulk Unfunded Mandates Reform Act of 1995 containing this rule and other required purchaser/consumer facilities, and all (Pub. L. 104–4). information to the U.S. Senate, the U.S. other affected persons. This rule also does not have tribal House of Representatives, and the III. What Comments Were Received implications because it will not have a Comptroller General of the United During the Public Comment Period, substantial direct effect on one or more States prior to publication of the rule in February 24, 2005, to March 28, 2005? Indian tribes, on the relationship the Federal Register. A major rule between the Federal Government and cannot take effect until 60 days after it We received comments in support of Indian tribes, or on the distribution of is published in the Federal Register. this rulemaking from ExxonMobil power and responsibilities between the This action is not a ‘‘major rule’’ as Refining and Supply, and Shell Oil Federal Government and Indian tribes, defined by 5 U.S.C. section 804(2). Products, US. No adverse comments as specified by Executive Order 13175 Under section 307(b)(1) of the Clean were received. (65 FR 67249, November 9, 2000). This Air Act, petitions for judicial review of IV. Final Action action also does not have Federalism this action must be filed in the United implications because it does not have We are granting final approval to the States Court of Appeals for the substantial direct effects on the States, compliance date change in the TXLED appropriate circuit by June 6, 2005. on the relationship between the national SIP revision. The compliance dates Filing a petition for reconsideration by government and the States, or on the approved are October 1, 2005 for the Administrator of this final rule does distribution of power and producers and importers, November 15, not affect the finality of this rule for the responsibilities among the various 2005 for bulk plant distribution purposes of judicial review nor does it facilities, and January 1, 2006 for retail levels of government, as specified in extend the time within which a petition fuel dispensing outlets, wholesale bulk Executive Order 13132 (64 FR 43255, for judicial review may be filed, and purchaser/consumer facilities, and all August 10, 1999). This action does not shall not postpone the effectiveness of other affected persons. alter the relationship or the distribution such rule or action. This action may not Section 553(d) of the Administrative of power and responsibilities be challenged later in proceedings to Procedure Act generally provides that established in the Clean Air Act. This enforce its requirements. (See section rules may not take effect earlier than 30 rule also is not subject to Executive 307(b)(2)). Order 13045 ‘‘Protection of Children days after they are published in the List of Subjects in 40 CFR Part 52 Federal Register. However, section from Environmental Health Risks and 553(d)(1) allows a rule to take effect Safety Risks’’ (62 FR 19885, April 23, Environmental protection, Air earlier if it relieves a restriction. We are 1997), because it is not economically pollution control, Carbon Monoxide, making this action effective upon significant. Hydrocarbons, Incorporation by publication because it relieves a In reviewing SIP submissions under reference, Intergovernmental relations, restriction. the National Technology Transfer and Lead, Nitrogen oxides, Ozone, Advancement Act of 1995 (15 U.S.C. Particulate matter, Reporting and V. Statutory and Executive Order 272 note), EPA’s role is to approve state recordkeeping requirements, Sulfur Reviews choices, provided that they meet the oxides, Volatile organic compounds. Under Executive Order 12866 (58 FR criteria of the Clean Air Act. In this Dated: March 31, 2005. 51735, October 4, 1993), this action is context, in the absence of a prior not a ‘‘significant regulatory action’’ and existing requirement for the State to use Lawrence E. Starfield, therefore is not subject to review by the voluntary consensus standards (VCS), Acting Regional Administrator, Region 6. Office of Management and Budget. For EPA has no authority to disapprove a I 40 CFR part 52 is amended as follows: this reason and because this action will SIP submission for failure to use VCS. not have a significant, adverse effect on It would thus be inconsistent with PART 52—[AMENDED] the supply, distribution, or use of applicable law for EPA, when it reviews energy, this action is also not subject to a SIP submission, to use VCS in place I 1. The authority citation for part 52 Executive Order 13211, ‘‘Actions of a SIP submission that otherwise continues to read as follows: Concerning Regulations That satisfies the provisions of the Clean Air Authority: 42 U.S.C. 7402 et seq. Significantly Affect Energy Supply, Act. Thus, the requirements of section Distribution, or Use’’ (66 FR 28355, May 12(d) of the National Technology Subpart SS—Texas 22, 2001). This action merely approves Transfer and Advancement Act of 1995 state law as meeting Federal (15 U.S.C. 272 note) do not apply. This I 2. The table in § 52.2270(c) entitled requirements and imposes no additional rule does not impose an information ‘‘EPA Approved Regulations in the requirements beyond those imposed by collection burden under the provisions Texas SIP’’ is amended under chapter state law. Accordingly, the of the Paperwork Reduction Act of 1995 114, subchapter H, Division 2—Low Administrator certifies that this rule (44 U.S.C. 3501 et seq.). Emission Diesel, section 114.319 to read will not have a significant economic The Congressional Review Act, 5 as follows: impact on a substantial number of small U.S.C. section 801 et seq., as added by entities under the Regulatory Flexibility the Small Business Regulatory § 52.2270 Identification of plan. Act (5 U.S.C. 601 et seq.). Because this Enforcement Fairness Act of 1996, * * * * * rule approves pre-existing requirements generally provides that before a rule (c) * * *

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EPA APPROVED REGULATIONS IN THE TEXAS SIP

State approval/ State citation Title/subject submittal EPA approval date Explanation date

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Chapter 114 (Reg 4)—Control of Air Pollution From Motor Vehicles

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Subchapter H—Low Emission Fuels

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Division 2—Low Emission Diesel

******* Section 114.319 ...... Affected Counties and Compliance Dates ... 03/09/05 .... 04/06/05 and Federal Register page num- ber].

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[FR Doc. 05–6853 Filed 4–5–05; 8:45 am] exemption will expire on October 15, DC 20460–0001; telephone number: BILLING CODE 6560–50–P 2006. (703) 308–8715; e-mail address: DATES: This regulation is effective April [email protected]. 6, 2005. Objections and requests for SUPPLEMENTARY INFORMATION: ENVIRONMENTAL PROTECTION hearings must be received on or before AGENCY June 6, 2005. I. General Information 40 CFR Part 174 ADDRESSES: To submit a written objection or hearing request follow the A. Does this Action Apply to Me? [OPP–2005–0073; FRL–7704–4] detailed instructions as provided in You may be potentially affected by Unit VIII. of the SUPPLEMENTARY Bacillus thuringiensis Modified Cry3A this action if you are an agricultural INFORMATION. EPA has established a producer, food manufacturer, or Protein (mCry3A) and the Genetic docket for this action under Docket pesticide manufacturer. Potentially Material Necessary for its Production identification (ID) number OPP–2005– affected entities may include, but are in Corn; Temporary Exemption From 0073. All documents in the docket are the Requirement of a Tolerance listed in the EDOCKET index at not limited to: • AGENCY: Environmental Protection http://www.epa.gov/edocket. Although Crop production (NAICS code 111) Agency (EPA). listed in the index, some information is • Animal production (NAICS code ACTION: Final rule. not publicly available, i.e., CBI or other 112) information whose disclosure is • SUMMARY: This regulation establishes a restricted by statute. Certain other Food manufacturing (NAICS code temporary exemption from the material, such as copyrighted material, 311) requirement of a tolerance for residues is not placed on the Internet and will be • Pesticide manufacturing (NAICS of the Bacillus thuringiensis modified publicly available only in hard copy code 32532) Cry3A protein (mCry3A) and the genetic form. Publicly available docket This listing is not intended to be material necessary for its production in materials are available either exhaustive, but rather provides a guide electronically in EDOCKET or in hard corn on field corn, sweet corn, and for readers regarding entities likely to be popcorn when applied/used as a plant- copy at the Public Information and affected by this action. Other types of incorporated protectant. Syngenta Records Integrity Branch (PIRIB), Rm. entities not listed in this unit could also Seeds, Inc. submitted a petition to EPA 119, Crystal Mall #2, 1801 South Bell under the Federal Food, Drug, and St., Arlington, VA. This docket facility be affected. The North American Cosmetic Act (FFDCA), as amended by is open from 8:30 a.m. to 4 p.m., Industrial Classification System the Food Quality Protection Act of 1996 Monday through Friday, excluding legal (NAICS) codes have been provided to (FQPA), requesting the temporary/ holidays. The docket telephone number assist you and others in determining tolerance exemption. This regulation is (703) 305–5805. whether this action might apply to eliminates the need to establish a FOR FURTHER INFORMATION CONTACT: certain entities. If you have any maximum permissible level for residues Mike Mendelsohn, Biopesticides and questions regarding the applicability of of Bacillus thuringiensis modified Pollution Prevention Division (7511C), this action to a particular entity, consult Cry3A protein (mCry3A) and the genetic Office of Pesticide Programs, the person listed under FOR FURTHER material necessary for its production in Environmental Protection Agency, 1200 INFORMATION CONTACT. corn. The temporary tolerance Pennsylvania Ave., NW., Washington,

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B. How Can I Access Electronic Copies forth in section 408(b)(2)(C), which female in the test group that was of this Document and Other Related require EPA to give special euthanized on day 2 (due to adverse Information? consideration to exposure of infants and clinical signs consistent with a dosing In addition to using EDOCKET children to the pesticide chemical injury), all other mice survived the (http://www.epa.gov/edocket/), you may residue in establishing a tolerance and study, gained weight, had no test access this Federal Register document to ‘‘ensure that there is a reasonable material-related clinical signs, and had electronically through the EPA Internet certainty that no harm will result to no test material-related findings at under the ‘‘Federal Register’’ listings at infants and children from aggregate necropsy. When proteins are toxic, they are http://www.epa.gov/fedrgstr/. A exposure to the pesticide chemical residue. . . .’’ Additionally, section known to act via acute mechanisms and frequently updated electronic version of 408(b)(2)(D) of the FFDCA requires that at very low dose levels (Sjoblad, Roy D., 40 CFR part 174 is available at E-CFR the Agency consider ‘‘available et al. ‘‘Toxicological Considerations for Beta Site Two at http:// information concerning the cumulative Protein Components of Biological www.gpoaccess.gov/ecfr/. effects of a particular pesticide’s Pesticide Products,’’ Regulatory II. Background and Statutory Findings residues’’ and ‘‘other substances that Toxicology and Pharmacology 15, 3–9 (1992)). Therefore, since no effects were In the Federal Register of August 31, have a common mechanism of toxicity.’’ EPA performs a number of analyses to shown to be caused by the plant- 2004 (69 FR 53064) (FRL–7369–8), EPA determine the risks from aggregate incorporated protectants, even at issued a notice pursuant to section exposure to pesticide residues. First, relatively high dose levels, the mCry3A 408(d)(3) of the FFDCA, 21 U.S.C. EPA determines the toxicity of protein is not considered toxic. Further, 346a(d)(3), announcing the filing of a pesticides. Second, EPA examines amino acid sequence comparisons pesticide tolerance petition (PP 4G6808) exposure to the pesticide through food, showed no similarity between the by Syngenta Seeds, Inc., P.O. Box drinking water, and through other mCry3A protein to known toxic proteins 12257, 3054 Cornwallis Road, Research exposures that occur as a result of available in public protein data bases. Triangle Park, NC 27709–2257. The pesticide use in residential settings. Since mCry3A is a protein, allergenic petition requested that 40 CFR part 174 sensitivities were considered. Current be amended by establishing a temporary III. Toxicological Profile scientific knowledge suggests that exemption from the requirement of a Consistent with section 408(b)(2)(D) common food allergens tend to be tolerance for residues of Bacillus of the FFDCA, EPA has reviewed the resistant to degradation by heat, acid, thuringiensis modified Cry3A protein available scientific data and other and proteases; may be glycosylated; and (mCry3A) and the genetic material relevant information in support of this present at high concentrations in the necessary for its production in corn. action and considered its validity, food. This notice included a summary of the completeness and reliability and the Data have been submitted that petition prepared by the petitioner relationship of this information to demonstrate that the mCry3A protein is Syngenta Seeds, Inc. The National Corn human risk. EPA has also considered rapidly degraded by gastric fluid in Growers Association submitted the only available information concerning the vitro. In a solution of simulated gastric comment that was received in response variability of the sensitivities of major fluid 1 mg/mL mCry3A test protein to the notice of filing. They supported identifiable subgroups of consumers, mixed with simulated gastric fluid (pH the establishment of a tolerance including infants and children. 1.2, containing 2 mg/mL NaCl, 14 µL 6 exemption based on benefits to farmers Data have been submitted N HCl, and 2.7 mg/mL pepsin) resulting and the environment. Under the demonstrating the lack of mammalian in 10 pepsin activity units/ µg protein Federal, Food, Drug, and Cosmetic Act, toxicity at high levels of exposure to the (complies with 2000 US Pharmacopoeia EPA must make a finding that there is pure mCry3A protein. These data recommendations), complete a reasonable certainty of no harm from demonstrate the safety of the products at degradation of detectable mCry3A the granting of the proposed temporary levels well above maximum possible protein occurred within 2 minutes. A tolerance exemption. EPA is making exposure levels that are reasonably comparison of amino acid sequences of such a finding and herein sets forth the anticipated in the crops. This is similar known allergens uncovered no evidence bases for this finding. to the Agency position regarding of any homology with mCry3A, even at Section 408(c)(2)(A)(i) of the FFDCA toxicity and the requirement of residue the level of 8 contiguous amino acids allows EPA to establish an exemption data for the microbial Bacillus residues. Further data demonstrate that from the requirement for a tolerance (the thuringiensis products from which this mCry3A is not glycoslylated, is legal limit for a pesticide chemical plant-incorporated protectant was inactivated when heated to 95 °C for 30 residue in or on a food) only if EPA derived (See 40 CFR 158.740(b)(2)(i)). minutes, and is present in low levels in determines that the exemption is ‘‘safe.’’ For microbial products, further toxicity corn tissue. Therefore, the potential for Section 408(c)(2)(A)(ii) of the FFDCA testing and residue data are triggered by the mCry3A protein to be a food defines ‘‘safe’’ to mean that ‘‘there is a significant acute effects in studies such allergens is minimal. As noted above, reasonable certainty that no harm will as the mouse oral toxicity study, to toxic proteins typically act as acute result from aggregate exposure to the verify the observed effects and clarify toxins with low dose levels. Therefore, pesticide chemical residue, including the source of these effects (Tiers II and since no effects were shown to be all anticipated dietary exposures and all III). caused by the plant-incorporated other exposures for which there is An acute oral toxicity study was protectant, even at relatively high dose reliable information.’’ This includes submitted for the mCry3A protein. The levels, the mCry3A protein is not exposure through drinking water and in acute oral toxicity data submitted considered toxic. residential settings, but does not include support the prediction that the mCry3A occupational exposure. Pursuant to protein would be non-toxic to humans. IV. Aggregate Exposures section 408(c)(2)(B), in establishing or Male and female mice (5 of each) were In examining aggregate exposure, maintaining in effect an exemption from dosed with 2,377 milligrams/kilograms section 408 of the FFDCA directs EPA the requirement of a tolerance, EPA bodyweight (mg/kg bwt) of mCry3A to consider available information must take into account the factors set protein. With the exception of one concerning exposures from the pesticide

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residue in food and all other non- VI. Determination of Safety for U.S. Since modified Cry3A is a protein, its occupational exposures, including Population, Infants and Children potential allergenicity is also considered as part of the toxicity assessment. Data drinking water from ground water or A. Toxicity and Allergenicity considered as part of the allergenicity surface water and exposure through Conclusions pesticide use in gardens, lawns, or assessment include that the modified buildings (residential and other indoor The data submitted and cited Cry3A protein came from Bacillus uses). regarding potential health effects for the thuringiensis which is not a known mCry3A protein include the allergenic source, showed no sequence The Agency has considered available characterization of the expressed similarity to known allergens, was information on the aggregate exposure mCry3A protein in corn, as well as the readily degraded by pepsin, was levels of consumers (and major acute oral toxicity, and in vitro inactivated by heat and was not identifiable subgroups of consumers) to digestibility of the proteins. The results glycosylated when expressed in the the pesticide chemical residue and to of these studies were determined plant. Therefore, there is a reasonable other related substances. These applicable to evaluate human risk, and certainty that modified Cry3A protein considerations include dietary exposure the validity, completeness, and will not be an allergen. under the tolerance exemption and all reliability of the available data from the Neither available information other tolerances or exemptions in effect studies were considered. concerning the dietary consumption for the plant-incorporated protectant Adequate information was submitted patterns of consumers (and major chemical residue, and exposure from to show that the mCry3A protein test identifiable subgroups of consumers non-occupational sources. Exposure via material derived from microbial cultures including infants and children); nor the skin or inhalation is not likely since was biochemically and, functionally safety factors that are generally the plant-incorporated protectant is similar to the protein produced by the recognized as appropriate for the use of contained within plant cells, which plant-incorporated protectant animal experimentation data were essentially eliminates these exposure ingredients in corn. Production of evaluated. The lack of mammalian routes or reduces these exposure routes microbially produced protein was toxicity at high levels of exposure to the to negligible. Exposure via residential or chosen in order to obtain sufficient mCry3A protein, as well as the minimal lawn use to infants and children is also material for testing. potential to be a food allergen demonstrate the safety of the product at not expected because the use sites for The acute oral toxicity data submitted levels well above possible maximum the mCry3A protein are all agricultural supports the prediction that the mCry3A exposure levels anticipated in the crop. for control of insects. Oral exposure, at protein would be non-toxic to humans. The genetic material necessary for the very low levels, may occur from As mentioned above, when proteins are production of the plant-incorporated ingestion of processed corn products toxic, they are known to act via acute protectant active ingredients are the and, potentially, drinking water. mechanisms and at very low dose levels nucleic acids (DNA, RNA) which However, oral toxicity testing done at a (Sjoblad, Roy D., et al. ‘‘Toxicological comprise genetic material encoding dose in excess of 2 gm/kg showed no Considerations for Protein Components these proteins and their regulatory adverse effects. Furthermore, the of Biological Pesticide Products,’’ regions. The genetic material (DNA, expression of the modified Cry3A Regulatory Toxicology and RNA), necessary for the production of protein in corn kernals has been shown Pharmacology 15, 3–9 (1992)). Since no mCry3A protein has been exempted to be in the parts per million range, effects were shown to be caused by under the blanket exemption for all which makes the expected dietary mCry3A protein, even at relatively high nucleic acids (40 CFR 174.475). exposure several orders of magnitude dose levels (2,377 mg mCry3A/kg bwt), lower than the amounts of mCry3A the mCry3A protein is not considered B. Infants and Children Risk protein shown to have no toxicity. toxic. This is similar to the Agency Conclusions Therefore, even if negligible aggregate position regarding toxicity and the FFDCA section 408(b)(2)(C) provides exposure should occur, the Agency requirement of residue data for the that EPA shall assess the available concludes that such exposure would microbial Bacillus thuringiensis information about consumption patterns prevent no harm due to the lack of products from which this plant- among infants and children, special incorporated protectant was derived. mammalian toxicity and the rapid susceptibility of infants and children to (See 40 CFR 158.740(b)(2)(i)). For digestibility demonstrated for the pesticide chemical residues and the microbial products, further toxicity mCry3A protein. cumulative effects on infants and testing and residue data are triggered by children of the residues and other V. Cumulative Effects significant acute effects in studies such substances with a common mechanism as the mouse oral toxicity study to of toxicity. Pursuant to FFDCA section verify the observed effects and clarify In addition, FFDCA section 408(b)(2)(D)(v), EPA has considered the source of these effects (Tiers II and 408(b)(2)(C) also provides that EPA shall available information on the cumulative III). apply an additional tenfold margin of effects of such residues and other MCry3A protein residue chemistry safety for infants and children in the substances that have a common data were not required for a human case of threshold effects to account for mechanism of toxicity. These health effects assessment of the subject prenatal and postnatal toxicity and the considerations included the cumulative plant-incorporated protectant completeness of the data base unless effects on infants and children of such ingredients because of the lack of EPA determines that a different margin residues and other substances with a mammalian toxicity. However, data of safety will be safe for infants and common mechanism of toxicity. submitted demonstrated low levels of children. Because there is no indication of mCry3A in corn tissues with less than In this instance, based on all the mammalian toxicity, resulting from the 2 micrograms mCry3A protein/gram dry available information, the Agency plant-incorporated protectant, we weight in kernals and less than 30 concludes that there is a finding of no conclude that there are no cumulative micrograms mCry3A protein/gram dry toxicity for the mCry3A protein and the effects for the mCry3A protein. weight of whole corn plant. genetic material necessary for their

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production. Thus, there are no threshold of a tolerance issued by EPA under new Programs, Environmental Protection effects of concern and, as a result, the section 408(d), as was provided in the Agency, 1200 Pennsylvania Ave., NW., provision requiring an additional old sections 408 and 409 of the FFDCA. Washington, DC 20460–0001. In person margin of safety does not apply. Further, However, the period for filing objections or by courier, bring a copy to the the provisions of consumption patterns, is now 60 days, rather than 30 days. location of the PIRIB described in special susceptibility, and cumulative ADDRESSES. You may also send an A. What Do I Need to Do to File an effects do not apply. electronic copy of your request via e- Objection or Request a Hearing? mail to: [email protected]. Please use C. Overall Safety Conclusion You must file your objection or an ASCII file format and avoid the use There is a reasonable certainty that no request a hearing on this regulation in of special characters and any form of harm will result from aggregate accordance with the instructions encryption. Copies of electronic exposure to the U.S. population, provided in this unit and in 40 CFR part objections and hearing requests will also including infants and children, to the 178. To ensure proper receipt by EPA, be accepted on disks in WordPerfect mCry3A protein and the genetic you must identify docket ID number 6.1/8.0 or ASCII file format. Do not material necessary for its production. OPP–2005–0073 in the subject line on include any CBI in your electronic copy. This includes all anticipated dietary the first page of your submission. All You may also submit an electronic copy exposures and all other exposures for requests must be in writing, and must be of your request at many Federal which there is reliable information. mailed or delivered to the Hearing Clerk Depository Libraries. The Agency has arrived at this on or before [insert date 60 days after conclusion because, as discussed above, date of publication in the Federal B. When Will the Agency Grant a no toxicity to mammals has been Register]. Request for a Hearing? observed, nor any indication of 1. Filing the request. Your objection A request for a hearing will be granted allergenicity potential for the plant- must specify the specific provisions in if the Administrator determines that the incorporated protectant. the regulation that you object to, and the material submitted shows the following: grounds for the objections (40 CFR VII. Other Considerations There is a genuine and substantial issue 178.25). If a hearing is requested, the of fact; there is a reasonable possibility A. Endocrine Disruptors objections must include a statement of that available evidence identified by the The pesticidal active ingredient is a the factual issues(s) on which a hearing requestor would, if established resolve protein, derived from sources that are is requested, the requestor’s contentions one or more of such issues in favor of not known to exert an influence on the on such issues, and a summary of any the requestor, taking into account endocrine system. Therefore, the evidence relied upon by the objector (40 uncontested claims or facts to the Agency is not requiring information on CFR 178.27). Information submitted in contrary; and resolution of the factual the endocrine effects of the plant- connection with an objection or hearing issues(s) in the manner sought by the incorporated protectant at this time. request may be claimed confidential by requestor would be adequate to justify marking any part or all of that the action requested (40 CFR 178.32). B. Analytical Method(s) information as CBI. Information so marked will not be disclosed except in IX. Statutory and Executive Order A method for extraction and ELISA Reviews analysis of mCry3A protein in corn has accordance with procedures set forth in been submitted and found acceptable by 40 CFR part 2. A copy of the This final rule establishes a temporary the Agency. information that does not contain CBI exemption from the requirement of a must be submitted for inclusion in the tolerance requirement under section C. Codex Maximum Residue Level public record. Information not marked 408(d) of the FFDCA in response to a No Codex maximum residue levels confidential may be disclosed publicly petition submitted to the Agency. The exist for the plant-incorporated by EPA without prior notice. Office of Management and Budget protectant Bacillus thuringiensis Mail your written request to: Office of (OMB) has exempted these types of mCry3A protein and the genetic the Hearing Clerk (1900L), actions from review under Executive material necessary for its production in Environmental Protection Agency, 1200 Order 12866, entitled Regulatory corn. Pennsylvania Ave., NW., Washington, Planning and Review (58 FR 51735, DC 20460–0001. You may also deliver October 4, 1993). Because this rule has VIII. Objections and Hearing Requests your request to the Office of the Hearing been exempted from review under Under section 408(g) of the FFDCA, as Clerk in Suite 350, 1099 14th St., NW., Executive Order 12866 due to its lack of amended by the FQPA, any person may Washington, DC 20005. The Office of significance, this rule is not subject to file an objection to any aspect of this the Hearing Clerk is open from 8 a.m. Executive Order 13211, Actions regulation and may also request a to 4 p.m., Monday through Friday, Concerning Regulations That hearing on those objections. The EPA excluding legal holidays. The telephone Significantly Affect Energy Supply, procedural regulations which govern the number for the Office of the Hearing Distribution, or Use (66 FR 28355, May submission of objections and requests Clerk is (202) 564–6255. 22, 2001). This final rule does not for hearings appear in 40 CFR part 178. 2. Copies for the Docket. In addition contain any information collections Although the procedures in those to filing an objection or hearing request subject to OMB approval under the regulations require some modification to with the Hearing Clerk as described in Paperwork Reduction Act (PRA), 44 reflect the amendments made to the Unit VIII.A., you should also send a U.S.C. 3501 et seq., or impose any FFDCA by the FQPA, EPA will continue copy of your request to the PIRIB for its enforceable duty or contain any to use those procedures, with inclusion in the official record that is unfunded mandate as described under appropriate adjustments, until the described in ADDRESSES. Mail your Title II of the Unfunded Mandates necessary modifications can be made. copies, identified by docket ID number Reform Act of 1995 (UMRA) (Public The new section 408(g) of the FFDCA OPP–2005–0073, to: Public Information Law 104–4). Nor does it require any provides essentially the same process and Records Integrity Branch, special considerations under Executive for persons to ‘‘object’’ to a regulation Information Resources and Services Order 12898, entitled Federal Actions to for an exemption from the requirement Division (7502C), Office of Pesticide Address Environmental Justice in

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Minority Populations and Low-Income implications’’ is defined in the corn is exempt from the requirement of Populations (59 FR 7629, February 16, Executive Order to include regulations a tolerance when used as plant- 1994); or OMB review or any Agency that have ‘‘substantial direct effects on incorporated protectant in the food and action under Executive Order 13045, one or more Indian tribes, on the feed commodities of field corn, sweet entitled Protection of Children from relationship between the Federal corn and popcorn. Genetic material Environmental Health Risks and Safety Government and the Indian tribes, or on necessary for its production means the Risks (62 FR 19885, April 23, 1997). the distribution of power and genetic material which comprise genetic This action does not involve any responsibilities between the Federal material encoding the mCry3A protein technical standards that would require Government and Indian tribes.’’ This and its regulatory regions. Regulatory Agency consideration of voluntary rule will not have substantial direct regions are the genetic material, such as consensus standards pursuant to section effects on tribal governments, on the promoters, terminators, and enhancers, 12(d) of the National Technology relationship between the Federal that control the expression of the Transfer and Advancement Act of 1995 Government and Indian tribes, or on the genetic material encoding the mCry3A (NTTAA), Public Law 104–113, section distribution of power and protein. This temporary exemption from 12(d) (15 U.S.C. 272 note). Since responsibilities between the Federal the requirement of a tolerance will tolerances and exemptions that are government and Indian tribes, as permit the use of the food commodities established on the basis of a petition specified in Executive Order 13175. in this paragraph when treated in under section 408(d) of the FFDCA, Thus, Executive Order 13175 does not accordance with the provisions of the such as the temporary exemption in this apply to this rule. experimental use permit 67979-EUP-4 which is being issued under the Federal final rule, do not require the issuance of X. Congressional Review Act a proposed rule, the requirements of the Insecticide, Fungicide, and Rodenticide Regulatory Flexibility Act (RFA) (5 The Congressional Review Act, 5 Act (FIFRA), as amended (7 U.S.C. 136). U.S.C. 601 et seq.) do not apply. In U.S.C. 801 et seq., as added by the Small This temporary exemption from the addition, the Agency has determined Business Regulatory Enforcement requirement of a tolerance expires and that this action will not have a Fairness Act of 1996, generally provides is revoked October 15, 2006; however, if substantial direct effect on States, on the that before a rule may take effect, the the experimental use permit is revoked, relationship between the national agency promulgating the rule must or if any experience with or scientific government and the States, or on the submit a rule report, which includes a data on this pesticide indicate that the distribution of power and copy of the rule, to each House of the tolerance is not safe, this temporary responsibilities among the various Congress and to the Comptroller General exemption from the requirement of a levels of government, as specified in of the United States. EPA will submit a tolerance may be revoked at any time. Executive Order 13132, entitled report containing this rule and other [FR Doc. 05–6499 Filed 4–5–05; 8:45 am] required information to the U.S. Senate, Federalism (64 FR 43255, August 10, BILLING CODE 6560–50–S 1999). Executive Order 13132 requires the U.S. House of Representatives, and EPA to develop an accountable process the Comptroller General of the United States prior to publication of this final to ensure ‘‘meaningful and timely input FEDERAL COMMUNICATIONS rule in the Federal Register. This final by State and local officials in the COMMISSION development of regulatory policies that rule is not a ‘‘major rule’’ as defined by have federalism implications.’’ ‘‘Policies 5 U.S.C. 804(2). 47 CFR Parts 2, 22, 24, 74, 78 and 90 that have federalism implications’’ is List of Subjects in 40 CFR Part 174 [WT Docket No. 02–55; ET Docket No. 00– defined in the Executive order to Environmental protection, 258; ET Docket No. 95–18; RM–9498; RM– include regulations that have Administrative practice and procedure, 10024; FCC 04–168] ‘‘substantial direct effects on the States, Agricultural commodities, Pesticides on the relationship between the national and pests, Reporting and recordkeeping Improving Public Safety government and the States, or on the requirements. Communications in the 800 MHz Band distribution of power and AGENCY: Federal Communications responsibilities among the various Dated: March 23, 2005. Commission. levels of government’’. This final rule James Jones, ACTION: Final rule; petitions for directly regulates growers, food Director, Office of Pesticide Programs. processors, food handlers and food reconsideration. I Therefore, 40 CFR chapter I is retailers, not States. This action does not amended as follows: SUMMARY alter the relationships or distribution of : This document lists Petitions for Reconsideration filed on or shortly power and responsibilities established PART 174—[AMENDED] by Congress in the preemption before December 22, 2004, in the 800 provisions of section 408(n)(4) of the I 1. The authority citation for part 174 MHz Public Safety Interference FFDCA. For these same reasons, the continues to read as follows: Proceeding, and establishes deadlines Agency has determined that this rule for the filing of Oppositions to the Authority: 7 U.S.C. 136–136y; 21 U.S.C. Petitions for Reconsideration and does not have any ‘‘tribal implications’’ 346a and 371. as described in Executive Order 13175, Replies to the Oppositions. I entitled Consultation and Coordination 2. Section 174.456 is added to subpart DATES: Submit Oppositions to the with Indian Tribal Governments (65 FR W to read as follows: Petitions for Reconsideration listed 67249, November 6, 2000). Executive § 174.456 Bacillus thuringiensis Modified below April 21, 2005. Submit Replies to Order 13175, requires EPA to develop Cry3A Protein (mCry3A) and the Genetic Oppositions to the Petitions for an accountable process to ensure Material Necessary for its Production in Reconsideration May 2, 2005. ‘‘meaningful and timely input by tribal Corn. ADDRESSES: All filings must be officials in the development of Bacillus thuringiensis modified Cry3A addressed to the Commission’s regulatory policies that have tribal protein (mCry3A) and the genetic Secretary, Marlene H. Dortch, Office of implications.’’ ‘‘Policies that have tribal material necessary for its production in the Secretary, Federal Communications

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Commission, 445 12th Street, SW., Suite Specifically, the Division deferred the are attached. This document concerns TW–A325, Washington, DC 20554. One date for filing oppositions to the the applicable dates for filing replies (1) courtesy copy must be delivered to petitions for reconsideration of the 800 and oppositions to the petitions for Ramona Melson, Esq. at the Federal MHz Report and Order until fifteen days reconsideration in the 800 MHz Communications Commission, Wireless after Federal Register publication of proceeding. Telecommunications Bureau, Public notice of receipt of petitions for Federal Communications Commission. Safety and Critical Infrastructure reconsideration of the 800 MHz Ramona Melson, Division, 445 12th Street, SW., Suite 3– Supplemental Order and Order on Chief of Staff, Public Safety and Critical A465, Washington, DC 20554, or via e- Reconsideration, in this proceeding. The Infrastructure Division, WTB. mail, [email protected], and one date for filing replies to an opposition [FR Doc. 05–6806 Filed 4–5–05; 8:45 am] (1) copy must be sent to Best Copy and to the petitions for reconsideration of Printing, Inc., Portals II, 445 12th Street, the 800 MHz Report and Order shall be BILLING CODE 6712–01–P SW., Room CY–B402, Washington, DC within ten days after the time for filing 20554, telephone 1–800–378–3160, or oppositions has expired. In a FEDERAL COMMUNICATIONS via e-mail http://www.bcpiweb.com. companion document published in this COMMISSION FOR FURTHER INFORMATION CONTACT: issue, the Commission announces the Ramona Melson, Esq., Public Safety and receipt of Petitions for Reconsideration 47 CFR Part 15 Critical Infrastructure Division, Wireless to the 800 MHz Supplemental Order and Order on Reconsideration. Telecommunications Bureau at (202) [ET Docket No. 03–122; FCC 05–43] 418–0680 or via the Internet at The following parties have filed [email protected]. Petitions for Reconsideration of the 800 Unlicensed Devices in the 5 GHz Band MHz Report and Order: SUPPLEMENTARY INFORMATION: In the 800 1. Thomas J. Keller, Attorney for AGENCY: Federal Communications MHz Report and Order, the Commission Association of American Railroads on Commission. adopted technical and procedural rules 12/17/04. ACTION: Final rule. designed to address the ongoing and 2. David B. Trego and Jason D. Griffith growing problem of interference to for American Electric Power SUMMARY: This document extends for public safety communications in the Company, Inc. on 12/21/04. one year the transition periods for 800 MHz band. A summary of the 800 3. Julian L. Shepard, Attorney for unlicensed National Information MHz Report and Order and final rules Coastal SMR Network, L.L.C./A.R.C., Infrastructure (U–NII) equipment were published in the Federal Register Inc. and Scott C. Macintyre on 12/22/ operating in the 5.250–5.350 GHz band. on November 22, 2004 (69 FR 67823). 04. This action will allow devices to Petitions for Reconsideration of the 800 4. Shirley S. Fujimoto, Attorney for continue to obtain equipment MHz Report and Order were due by Entergy Corporation and Entergy authorizations and to be marketed under December 22, 2004. A Notice Services, Inc. on 12/22/04. the rules in effect prior to the adoption announcing the receipt of Petitions for 5. Robert S. Foosaner for Nextel of the 5 GHz U–NII Report and Order Reconsideration was published in the Communications, Inc. on 12/22/04. pending the development of Federal Register on February 2, 2005 6. William K. Keane for the National measurement procedures for evaluating (70 FR 5449). This document lists Association of Manufacturers and such devices for compliance with the Petitions for Reconsideration filed on or MRFAC, Inc. on 12/22/04. new rules. shortly before December 22, 2004, in the 7. Harold Mordkofsky, Attorney for 800 MHz Public Safety Interference Consolidated Edison Company of DATES: Effective February 23, 2005. Proceeding. New York, Inc. on 12/22/04. FOR FURTHER INFORMATION CONTACT: 8. Gregory C. Staple, Attorney for TMI On December 22, 2004, the Priya Shrinivasan, 418–7005 or Karen Communications and Company, Commission adopted a Supplemental Rackley, 418–2431, Policy and Rules Limited Partnership and Terrestar Order and Order on Reconsideration in Division, Office of Engineering & Networks Inc. on 12/22/04. which it clarified and changed certain Technology. provisions of the 800 MHz Report and 9. Christine M. Gill, Attorney for Order. A summary of the Supplemental Southern LINC on 12/22/04. SUPPLEMENTARY INFORMATION: This is a Order and Order on Reconsideration 10. Michael K. Kurtis, Attorney for summary of the Commission’s Order, ET was published in the Federal Register Anderson Communications on 12/22/ Docket No. 03–122, FCC 05–43, adopted on February 8, 2005 (70 FR 6758). On 04. February 18, 2005, and released February 14, 2005, the Public Safety and 11. William J. Donohue for Exelon February 23, 2005. The full text of this Critical Infrastructure Division deferred Corporation on 12/22/04. document is available on the the dates for the filing of oppositions 12. Charles D. Guskey on 12/22/04. Commission’s Internet site at http:// and replies to the petitions for 13. Robert J. Keller for James A. Kay, Jr. www.fcc.gov. It is also available for reconsideration of the 800 MHz Report on 12/22/04. inspection and copying during regular and Order in order to make these dates 14. Christopher Guttman-McCabe, business hours in the FCC Reference consistent with the dates for filing Attorney for CTIA–The Wireless Center (Room CY–A257), 445 12th similar pleadings relative to the Association on 12/22/04. Street, SW., Washington, DC 20554. The Supplemental Order and Order on 15. Charles M. Austin for Preferred full text of this document also may be Reconsideration. The Division deferred Communication Systems, Inc., and purchased from the Commission’s the dates to enhance the Commission’s Kent S. Foster for Silver Palm duplication contractor, Best Copy and consideration of the issues in this Communications, Inc. on 12/22/04. Printing Inc., Portals II, 445 12th St., proceeding by permitting receipt of a The Commission will not send a copy SW., Room CY–B402, Washington, DC cohesive, informed record for the of this document pursuant to the 20554; telephone (202) 488–5300; fax Commission’s review and to promote Congressional Review Act, 5 U.S.C. (202) 488–5563; e-mail efficiency. 801(a)(1)(A), because no adopted rules [email protected].

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Summary of the Order Order. In addition, to prevent Commission noted that users who 1. In the 5 GHz U–NII Report and equipment without DFS and TPC obtained equipment prior to any of Order, 69 FR 2677, January 20, 2004, the requirements from being imported and these cut-off dates would be able to Commission required that any product marketed indefinitely, the Commission continue to use that equipment with the capability to operate in the new adopted a two-year cut-off date (i.e., indefinitely. Finally, because the spectrum at the 5.470–5.725 GHz band, January 20, 2006) for the marketing and Commission’s action temporarily including equipment designed to importation of equipment designed to relieves a restriction, i.e., the cut-off operate in both the 5.250–5.350 GHz operate in only the 5.250–5.350 GHz dates for equipment authorizations and and 5.470–5.725 GHz bands, must meet band. Finally, the Commission noted the marketing of U–NII equipment in all the rules, including the new dynamic that users who obtained equipment the 5.250–5.350 GHz band, it made the frequency selection (DFS) and transmit prior to any of the cut-off dates would Order effective upon release. be able to continue to use that power control (TPC) requirements, Ordering Clauses contained in the 5 GHz U–NII Report equipment indefinitely. 3. In the Order, the Commission noted 5. The Congressional Review Act and Order in accordance with the that the cut-off date for applications for (CRA), was addressed in a Report and specified measurement procedures to equipment certification of products Order released by the Commission, obtain equipment certification. DFS is a without DFS and TPC that operate in November 18, 2003, in ‘‘In the Matter of feature that dynamically instructs a only the 5.250–5.350 GHz band is Revision of Parts 2 and 15 of the transmitter to switch to another channel January 20, 2005, one year from the date Commission’s Rules to permit whenever a particular condition (such of publication of the 5 GHz U–NII Unlicensed National Information as, for example, a threshold value of the Report and Order in the Federal Infrastructure (U–NII) devices in the 5 prevailing ambient interference level on Register. However, the industry and the GHz band’’ in this proceeding, FCC 03– a channel) is met. Prior to initiating and Federal Government have found the 287, 69 FR 2677, January 20, 2004. This during a transmission, a U–NII device’s implementation of DFS to be more Order does not change any rules, it only DFS feature would monitor the available complex than originally envisioned and, extends the transition period for spectrum in which it could operate for as a result, measurement procedures for unlicensed U–NII devices. Therefore, a radar signal. If a signal is detected, the certifying U–NII devices containing DFS the CRA requirements have already channel associated with the radar signal capabilities have not yet been finalized. been fulfilled for this rule. would either be vacated and/or flagged Further, the Federal Government 6. Pursuant to sections 4(i), 303(f), as unavailable for use by the U–NII agencies will likely conduct tests to and 303(r) of the CommunicationsAct of device. TPC can generally be defined as validate that the testing procedures 1934, as amended, 47 U.S.C. 54(i), a mechanism that regulates a device’s respond as intended to protect radar 303(f), and 303(r), and Section 553(d) of transmit power in response to an input systems. All parties are currently the Administrative Procedure Act, 5 signal or a condition (e.g., a command working together to reach an agreement U.S.C. 553(d), the Order is hereby signal is issued by a controller when the and expect that remaining issues will be adopted. received signal falls below a resolved shortly. The Commission’s 7. Section 15.37(l), 47 CFR is predetermined threshold). In addition, Laboratory will issue the updated modified, effective upon release of this the Commission required that products measurement procedures for the Order. that operate only in the 5.250–5.350 certification of U–NII equipment List of Subjects in 47 CFR Part 15 GHz band also comply with these rules. containing DFS and TPC capabilities as 2. Transition Period. For devices soon as possible. Communications equipment, Radio, operating in the 5.250–5.350 GHz band, 4. New Transition Periods. In order to Reporting and recordkeeping the Commission provided for a allow sufficient time for an agreement requirements. transition period in order to minimize on DFS implementation between the Federal Communications Commission. economic hardships on manufacturers. industry and the FederalGovernment to William F. Caton, During the transition period, be reached and for equipment Deputy Secretary. manufacturers are allowed to continue manufacturers to incorporate DFS into producing and selling existing U–NII devices, the Commission Rule Change equipment while modifying their extended by one year the cut-off date for I For the reasons discussed in the products to meet the new requirements. applications for certification of U–NII preamble, the Federal Communications TheCommission adopted a cut-off date equipment operating without DFS or Commission amends 47 CFR part 15 as of one year from the date of publication TPC in the 5.250–5.350 GHz band. follows: of the 5 GHz U–NII Report and Order in Therefore, effective January 20, 2006, all the Federal Register (i.e., January 20, devices for which an initial application PART 15—RADIO FREQUENCY 2005) for applications for equipment for equipment certification is filed for DEVICES certification of products that operate U–NII equipment operating in the only in the 5.250–5.350 GHz band (i.e., 5.250–5.350 GHz band must meet the I 1. The authority citation for part 15 equipment designed to operate in only rules adopted in the 5 GHz U–NII Report continues to read as follows: the 5.250–5.350 GHz band could and Order. The Commission also Authority: 47 U.S.C. 154, 302a, 303, 304, continue to obtain certification without extended by one year the two-year cut- 307, 336 and 544A. having DFS and TPC, so long as the off date for marketing and importation I 2. Section 15.37 is amended by application for equipment certification of equipment designed to operate in revising paragraph (l), to read as follows: was filed prior to the cut-off date of one only the 5.250–5.350 GHz band. year). After that time, all devices for Therefore, U–NII equipment operating § 15.37 Transition provisions for which an initial application for in the 5.250–5.350 GHz band that are compliance with the rules. equipment certification are filed for U– imported or marketed on or after * * * * * NII equipment operating in the 5.250– January 20, 2007 must comply with the (l) U–NII equipment operating in the 5.350 GHz band must meet the rules DFS and TPC requirements adopted in 5.25–5.35 GHz band for which adopted in the 5 GHz U–NII Report and the 5 GHz U–NII Report and Order. The applications for certification are filed on

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or after January 20, 2006 shall comply documents in this matter will be therefore not to compensate providers of with the DFS and TPC requirements available for public inspection and IP Relay (Sprint) during the time period specified in § 15.407. U–NII equipment copying during regular business hours in which they offered the service but operating in the 5.25–5.35 GHz band at the FCC Reference Information may not have been complying with the that are imported or marketed on or Center, Portals II, 445 12th Street, SW., then non-waived HCO and pay-per-call after January 20, 2007 shall comply with Room CY–A257, Washington, DC 20554. requirements. the DFS and TPC requirements in The complete text of this Order on Sprint makes numerous arguments in § 15.407. Reconsideration and copies of support of its petition. It argues that * * * * * subsequently filed documents in this there is no legal bar to providing payment for services rendered before [FR Doc. 05–6813 Filed 4–5–05; 8:45 am] matter may also be purchased from the Commission’s duplicating contractor, the grant of the HCO and pay-per-call BILLING CODE 6712–01–P Best Copy and Printing Inc. (BCPI), waivers, distinguishing the cases cited Portals II, 445 12th Street, SW., Room by the Commission for the proposition FEDERAL COMMUNICATIONS CY–B402, Washington, DC 20554. that the retroactive application of COMMISSION Customers may contact BCPI at their waivers is not favored. Sprint asserts, Web site: http://www.bcpiweb.com or for example, that the waivers it seeks are 47 CFR Part 64 call 1–800–378–3160.To request ‘‘merely to correct mistakes made by the materials in accessible formats for Commission in the [IP Relay Declaratory [CC Docket No. 98–67; FCC 05–48] people with disabilities (Braille, large Ruling & FNPRM] as of the date of that Provision of Improved print, electronic files, audio format), ruling.’’ Sprint also argues that the IP Relay Declaratory Ruling & FNPRM was Telecommunications Relay Services send an e-mail to [email protected] or call not ‘‘final’’ because of the pendency of and Speech-to-Speech Services for the Consumer & Governmental Affairs the petitions for reconsideration, and Individuals With Hearing and Speech Bureau at (202) 418–0530 (voice), (202) that therefore the risk Sprint took was Disabilities 418–0432 (TTY). The Order on Reconsideration can also be that the Commission might deny its AGENCY: Federal Communications downloaded in Word or Portable petition for waiver of the 900 pay-per- Commission. Document Format (PDF) at: http:// call and HCO requirements on the ACTION: Final rule; petition for www.fcc.gov/cgb/dro. On April 22, merits (which, had that occurred, would reconsideration. 2002, the Commission released the IP have precluded it from reimbursement), Relay Declaratory Ruling & FNPRM, CC but not that the Commission might grant SUMMARY: In this document, the Federal Docket No. 98–67, FCC 02–121; the petition but disallow Communications Commission published at 67 FR 39386, June 11, 2002 reimbursement. (Commission) grants petitions filed by and 67 FR 39929, June 11, 2002, finding Sprint also argues that ‘‘rigid Sprint Corporation (Sprint) and that IP Relay is a form of TRS and that adherence to all TRS requirements is WorldCom, Inc. (MCI) seeking on an interim basis the cost of providing inconsistent with other TRS precedent.’’ reconsideration of the Commission’s all IP Relay calls could be compensated Sprint asserts that the Commission has March 14, 2003, Order on from the Interstate TRS Fund. On March found in other contexts that TRS Reconsideration (IP Relay 14, 2003, the Commission released the providers are eligible for compensation Reconsideration Order). This matter IP Relay Order on Reconsideration, CC even if they do not meet every derives from the April 2002 IP Relay Docket No. 98–67, FCC 03–46; requirement of the Commission’s rules, DeclaratoryRuling and Further Notice of published at 68 FR 18826, April 16, stating that ‘‘absolute compliance with Proposed Rulemaking (IP Relay 2003, which granted an extension of the each component of the rules may not Declaratory Ruling & FNPRM), which waivers granted in the IP Relay always be necessary to fulfill the recognized IP Relay as a form of Declaratory Ruling & FNPRM for a purposes of the statute and the policy telecommunications relay service (TRS), period of five years. The Commission objectives of the implementing rules, authorized compensation for IP Relay also granted the requested waiver of the and that not every minor deviation providers from the Interstate TRS Fund, requirement to provide one-line hearing would justify withholding funding from and waived certain mandatory carry over (HCO) for a period of five a legitimate TRS provider.’’ In this minimum standards as they apply to the years. This document does not contain regard, Sprint emphasizes that the provision of IP Relay. new or modified information collection Commission has recognized that HCO DATES: The petitions were granted as of requirements subject to the Paperwork and pay-per-call services are March 9, 2005. Reduction Act of 1995 (PRA), Public infrequently used, and that therefore IP Relay providers, like Sprint, have ADDRESSES: Federal Communications Law 104–13. In addition, it does not Commission, 445 12th Street, SW., contain any new or modified substantially complied with the TRS Washington, DC 20554. ‘‘information collection burden for mandatory minimum standards. small business concerns with fewer than Sprint also contends that the FOR FURTHER INFORMATION CONTACT: 25 employees,’’ pursuant to the Small Commission ‘‘cannot lawfully single out Thomas Chandler, Consumer & Sprint for non-payment’’ of Governmental Affairs Bureau at (202) Business Paperwork Relief Act of 2002, Public Law 107–198, see U.S.C. compensation, asserting that the 418–1475 (voice), (202) 418–0597 3506(c)(4). Commission’s conclusion in the IP (TTY), or e-mail: Relay Reconsideration Order that it is [email protected]. Synopsis not technically feasible to provide HCO SUPPLEMENTARY INFORMATION: This is a On April 14, 2003, Sprint filed a and pay-per-call services via IP Relay summary of the Commission’s Order on petition for ‘‘limited reconsideration’’ of means that no IP Relay provider could Reconsideration, CC Docket No. 98–67, the IP Relay Reconsideration Order, have been providing these services in FCC 05–48, adopted March 1, 2005, requesting that the Commission compliance with the rules during the released March 9, 2005. The full text of reconsider its decision not to make the period between the release of the April the Order on Reconsideration and waivers granted in the IP Relay 2002 IP Relay Declaratory Ruling & copies of any subsequently filed Reconsideration Order retroactive, and FNPRM and the waiver grant in the

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March 2003 IP Relay Reconsideration (collectively, the Joint Commenters) ‘‘these unique circumstances, where Order. Therefore, according to Sprint, it filed a joint comment on the Sprint deaf and hard-of-hearing individuals is improper to refuse to compensate petition on May 16, 2003. On July 1, benefited from a wider range of service Sprint for its provision of IP Relay when 2003, Sprint and MCI filed reply alternatives and the FCC ultimately the Commission has compensated other comments. Hamilton asserts that the determined that it was technically providers during that period for Commission was correct in denying infeasible to provide the minimum providing the same service. (AT&T retroactive compensation for the requirements at issues, the best way for received compensation for its provision provision of IP Relay during the time the Commission to accomplish th[e] of IP Relay beginning in June 2002. MCI period in which the service was offered objective [of encouraging new services] received compensation for its provision but was not in compliance with the non- and promote the future deployment of of IP Relay beginning in April 2002.) waived mandatory minimum standards innovative TRS services is to grant Sprint notes that there are two ways to and, further, that the providers that Sprint’s Petition.’’ cure this inequity: compensate Sprint were compensated for such service In its reply, Sprint asserts that for the service it provided during the should be required to return the Hamilton’s assertion that it would be period, or institute enforcement actions compensation received. Hamilton had harmed by allowing Sprint and others against other IP Relay providers to earlier filed comments on April 28, retroactive compensation is inaccurate require them to return compensation 2003, which were resubmitted on June because by not providing IP Relay received during the period. Sprint 16, 2003. Hamilton states that the service, Hamilton incurred no costs. favors the first approach, which it Commission’s decision to deny Sprint also states that competitive harm argues is in the public interest. retroactive compensation treats all IP would be more likely to occur if the On May 16, 2003, MCI filed a petition Relay providers equally, and that all Commission refuses to provide styled ‘‘Petition for Clarification and/or compensation paid to IP Relay providers retroactive compensation, because Reconsideration.’’ See WorldCom, Inc. prior to the IP Relay Reconsideration potential providers of new TRS services d/b/a MCI, Petition for Clarification Order was improper because no IP Relay will be deterred from beginning service and/or Reconsideration, filed May 16, provider was capable of meeting the until all uncertainties about standards 2003. MCI requests that the Commission HCO and pay-per-call standards. are completely resolved. In its reply, reconsider its apparent decision to Hamilton further argues that the public MCI asserts that, in fact, it complied eliminate two-line HCO as a means of interest is best served by competition in with the HCO and pay-per-call satisfying the HCO mandatory minimum the IP Relay market. It notes that it did standards as articulated in the IP Relay standard, asserting that the HCO not begin providing IP Relay until after Declaratory Ruling and FNPRM by requirement ‘‘only made sense as two- the HCO and pay-per-call waivers were providing two-line HCO and pay-per- line HCO,’’ and clarify the meaning of granted in the IP Relay Reconsideration call standards to the extent possible. the now-waived pay-per-call mandatory Order, and asserts that only large IP MCI also states that retroactive waivers minimum standard and whether it was Relay providers can provide service and compensation will benefit the satisfied by attempting to have the pay- before a waiver is granted and gamble public by compensating IP Relay per-call service accept alternate billing on retroactive compensation. Finally, providers for costs they actually information, i.e., a billing method other Hamilton emphasizes that maintenance incurred in providing service, and that than automatic billing to the caller’s of the high quality of service demanded the Commission supports reimbursement where the mandatory telephone bill. MCI also asserts that by TRS users, including IP Relay users, providers should be compensated for minimum standards have been depends on enforcement of the providing IP Relay service even if they substantially complied with. Finally, mandatory minimum standards, and did not meet the pay-per-call and HCO MCI denies that retroactive waivers will that allowing retroactive compensation standards. Although MCI does not encourage rule violations, asserting that would give IP Relay providers an expressly support Sprint’s position, it the circumstances that gave rise to the incentive to ignore the TRS mandatory argues that absolute compliance with all initiation of IP Relay service were minimum standards and provide lower mandatory minimum standards is not unusual and unlikely to recur. quality service. Hamilton cautions that the standard the Commission has used, We conclude that, in the unique reliance on the Publix Show Cause that the Commission in the past has circumstances of this proceeding, Sprint Order could lead to a ‘‘slippery slope’’ issued retroactive waivers to promote is entitled to compensation for its the public interest, and that in the with the Commission authorizing provision of IP Relay prior to the March circumstances of this matter—including compensation for ever-greater 2003 IP Relay Reconsideration Order. At the fact that new technologies are departures from the TRS mandatory the same time, we take this opportunity involved—the public interest supports minimum standards. to again remind providers that, as a compensating the providers for the IP The Joint Commenters support general matter, they must offer TRS Relay services provided. Sprint’s petition and request that the services in compliance with all non- On May 22, 2003, Sprint’s and MCI’s Commission compensate all providers waived mandatory minimum standards petitions were placed on public notice. of IP Relay service even if they did not to be eligible for compensation from the See Petitions for Reconsideration of provide HCO and 900 call services. Interstate TRS Fund. Action in Rulemaking Proceedings, They assert that ‘‘the unique First, based on our review of this Public Notice, Report No. 2608, released circumstances of this case justify proceeding as a whole, we find that we May 22, 2003. Hamilton and consumer reimbursing Sprint and other similarly- cannot conclude that Sprint was in fact groups (filing jointly) filed comments, situated carriers for the IP Relay services offering IP Relay service in violation of and both Sprint and MCI filed reply they rendered to deaf and hard-of- our rules. We recognize that the initial comments. Hamilton filed comments on hearing individuals.’’ They further IP Relay Declaratory Ruling & FNPRM both the April 28, 2003, and June 16, assert that it would be unjust to penalize was not entirely clear in describing 2003 petitions. TDI, the National Sprint for not providing services that what providers had to do to meet the Association of the Deaf (NAD), SHHH, the Commission has found to be requirements to provide HCO and pay- and the Deaf and Hard of Hearing ‘‘technically infeasible to provide.’’ per-call service. As MCI has noted, for Consumer Advocacy Network Finally, they assert that in light of example, the HCO requirement could

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reasonably be read to mean that directive on how a particular regulatory regime, especially a regime providers must provide 2-line HCO functionality must be offered, we cannot developed when relay calls were made (given the reference to the ‘‘text leg’’ of conclude that a provider is violating a entirely over the PSTN. Therefore, there the call and the need for appropriate service requirement simply because that may be more uncertainty as to what pre- customer premises equipment). functionality is offered one way rather existing requirements mean when Similarly, the discussion of the pay-per- than another. applied to new technology. In addition, call requirement expressly notes that the Second, as a matter of equity, the fact Sprint repeatedly told the Commission CA can make such a call by passing that all parties agree that it was not that it could not, in its view, offer HCO along the caller’s credit card number. technologically feasible to provide one- and 900 services, and repeatedly asked MCI maintains that it satisfied these two line HCO and 900 service as understood that we promptly waive these requirements in those ways. We do not by Sprint, and that for this reason the requirements (and compensate it for its find that that is an unreasonable Commission ultimately waived those ongoing service). Therefore, this is not interpretation of those requirements as requirements in the IP Relay a case where a provider was ‘‘caught’’ they were spelled out in the IP Relay Reconsideration Order, supports the violating longstanding rules (indeed, as Declaratory Ruling & FNPRM. At the conclusion that Sprint should not be we have noted, we have not concluded same time, however, Sprint asserted it penalized for not offering these services that Sprint was violating the rules at could not meet those requirements in the manner it described (i.e., for not all). Finally, as MCI has noted, it is based, as is now apparent, on its doing what no one could do) prior to the unlikely that the set of circumstances interpretation of what meeting those IP Relay Reconsideration Order. We that led the Commission to first deny requirements entailed (i.e., one-line believe that it would be unfair to the waivers, then to grant them upon HCO and providing 900 service by penalize Sprint for either its candor in reconsideration, and now to have to passing along the ANI of the calling acknowledging that these requirements determine what the Commission party into the signaling stream). If, could not be met (as it understood initially intended in requiring those however, the HCO and pay-per-call them), or for a mistaken belief as to services, will occur again. requirements could be met by means what these services entailed, Further, although we are not other than those understood by Sprint, particularly when the discussion of unmindful that Hamilton has likely then Sprint may not, in fact, have been these features in the initial IP Relay suffered some disadvantage from its offering IP Relay in violation of the Declaratory Ruling & FNPRM is decision to delay offering the service mandatory minimum standards. In other ambiguous. Further, it is implicit in the until the HCO and pay-per-call issues words, Sprint was offering the service in IP Relay Reconsideration Order that were resolved, Sprint and other violation of the mandatory minimum these requirements should have been providers that offered IP Relay during standards, and therefore could have waived in the initial IP Relay this period did incur real costs in doing been ineligible for compensation on that Declaratory Ruling & FNPRM. so. For example, money was paid out for Third, upon our complete review of basis, only if its interpretation of what the salaries of CAs and managers, for the the record, we believe our conclusion the HCO and pay-per-call requirements equipment necessary to provide the best comports with the public interest. entail was the only reasonable service, and for other ancillary costs Sprint provided the IP Relay service for interpretation of those requirements as related to providing service. Further, which it now seeks compensation, and described in the IP Relay Declaratory any harm Hamilton might have suffered had it not handled those calls, the calls from not offering the service is not Ruling & FNPRM. would have been handled either by dependent on whether Sprint (and the Upon our review of the record in other IP Relay providers or as traditional other providers) may be compensated these proceeding as set forth above, we TRS calls. Further, Sprint began offering for the service they offered, but from the cannot conclude that Sprint’s IP Relay service when it was a new fact that they offered it at all and interpretation of the HCO and 900 call service, involving, for relay, new therefore were first to the market. requirements is the only reasonable technology that providers and Finally, as the parties have noted, we interpretation of those rules, and consumers desired to have available as recognize that in the context of an therefore we cannot conclude that soon as possible. Consumers place great enforcement action against a TRS Sprint was in fact offering IP Relay emphasis on having access to the latest provider and in determining whether service in violation of the rules. Sprint’s TRS innovations as soon as they are the provider complied with the interpretation of those requirements as technologically available in the market. standards of § 64.604 and therefore was described in the IP Relay Declaratory For example, in response to the 2002 IP entitled to compensation from the fund, Ruling & FNPRM is not necessarily Relay Public Notice seeking comment we stated that ‘‘absolute compliance correct because those requirements were on MCI’s petition seeking clarification with each component of the rules may not made sufficiently clear, and that IP Relay is a form of TRS not always be necessary to fulfill the therefore that we cannot conclude that compensable from the Interstate TRS purposes of the statute * * *, and that its assertions that it was offering the Fund, the Commission received not every minor deviation would justify service in violation of our rules is numerous comments from individuals withholding funding from a legitimate necessarily true. In this regard, we note urging the Commission to expeditiously TRS provider.’’ We also stated that ‘‘a that we recently granted Sprint’s recognize IP Relay as a form of TRS so TRS provider is eligible for TRS Fund petition on 711 access to pay-per-call that the new service would quickly be reimbursement if it has substantially services, stating that we ‘‘do not require available to consumers. See IP Relay complied with § 64.604.’’ We need not that pay-per-calling be available through Declaratory Ruling & FNPRM at address, however, whether Sprint is TRS in any particular manner or via a paragraph 6, note 12. The fact that the entitled to compensation under that particular technology.’’ We further IP Relay Declaratory Ruling & FNPRM standard because we have concluded stated that ‘‘Sprint’s solution provides waived many of the mandatory that Sprint did not offer the service in pay-per-call functionality to TRS users, minimum standards for this service violation of the rules given their initial and * * * there can be multiple ways shows that as new technologies develop ambiguity. At the same time, we do note to provide this particular functionality.’’ and are applied to relay, it is not always that the number of HCO and 900 calls Therefore, in the absence of a specific easy to fit them into the pre-existing handled by the providers at that time

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was de minimis and that, as is now (1996) (CWAAA). Title II of the CWAAA This item affects IP Relay providers, apparent, no provider could offer HCO is the Small Business Regulatory but imposes no regulatory burden upon and pay-per-call service as understood Enforcement Act of 1996 (SBREFA)), them. Currently, only four entities are by Sprint. requires that a regulatory flexibility providing IP Relay: AT&T, Hamilton, Although we conclude that, in view of analysis be prepared for rulemaking MCI, and Sprint. Moreover, this item the unusual circumstances of this proceedings, unless the agency certifies imposes no significant economic impact matter, payment to Sprint is warranted that ‘‘the rule will not have a significant on small entities, but in fact confers a for the IP Relay service it provided, we economic impact on a substantial benefit rather than an adverse impact on caution all TRS providers, current and number of small entities.’’ 5 U.S.C. small entities by compensating an entity potential, that we expect them to offer 605(b). The RFA generally defines that provided a nascent service in good service in compliance with all non- ‘‘small entity’’ as having the same faith. Even if the compensation to Sprint waived mandatory minimum standards. meaning as the terms ‘‘small business,’’ could be hypothetically construed as a It bears repeating that TRS is an ‘‘small organization,’’ and ‘‘small significant economic impact, the fact accommodation for persons with governmental jurisdiction.’’ 5 U.S.C. that only four entities provide the disabilities. As such, TRS providers are 605(b). In addition, the term ‘‘small service, and that only one company is required to offer service that is business’’ has the same meaning as the receiving compensation, means that no functionally equivalent to voice term ‘‘small business concern’’ under ‘‘substantial number of small entities’’ is telephone service, as defined by all non- the Small Business Act. 5 U.S.C. 601(3) affected. waived mandatory minimum standards (incorporating by reference the Therefore, certification is in order applicable to the particular form of TRS. definition of ‘‘small business concern’’ since both prongs of the legal test—i.e., It is therefore the consumers of TRS in the Small Business Act, 15 U.S.C. (a) no significant economic impact; and who suffer when the service is not 632). Pursuant to 5 U.S.C. 601(3), the (b) no impact upon a substantial number provided consistent with our rules. We statutory definition of a small business of small entities—are satisfied. The will remain vigilant in ensuring that applies ‘‘unless an agency, after entity affected by the item is not a small providers do not offer service that short- consultation with the Office of entity; and if the entity were small, changes the intended beneficiaries of Advocacy of the Small Business there is no significant economic impact these services. To that end, the leverage Administration and after opportunity since the result of the Order is a benefit. that we have is to deny compensation for public comment, establishes one or Finally, if the economic impact were to from the Interstate TRS Fund for the more definitions of such term which are hypothetically be construed as a provision of service that is not in appropriate to the activities of the significant economic impact, there are compliance with our rules. This Order agency and publishes such definition(s) not a substantial number of small on Reconsideration, therefore, should in the Federal Register.’’ A small entities affected by this Order on not be read to suggest that common business concern is one which: (1) Is Reconsideration. Accordingly, the carriers and others can provide independently owned and operated; (2) Commission certifies that the regulated services in contravention of is not dominant in its field of operation; requirements of this Order on our rules, with the hope that they and (3) satisfies any additional criteria Reconsideration will not have a nevertheless will eventually be established by the Small Business significant economic impact on a rewarded for providing service. We Administration. substantial number of small entities. view the circumstances of this case to be unique, and trust that this will prove to The Commission concludes in this Report to Congress be the case. item that public interest is best served The Commission will send a copy of For the reasons set forth above, we by compensating Sprint for its provision this Order on Reconsideration, grant Sprint’s Petition for Limited of IP Relay services prior to the March including a copy of this final Reconsideration and MCI’s Petition for 2003 IP Relay Reconsideration Order certification, in a report to Congress and Clarification and/or Reconsideration to that waived the HCO and pay-per-call the General Accounting Office pursuant the extent they seek that Sprint be requirements for IP Relay service. The to the Congressional Review Act of compensated for its provision of IP Commission believes that it would be 1996. See 5 U.S.C. 801(a)(1)(A). In Relay prior to the release of the March unfair to penalize Sprint and withhold addition, the Order on Reconsideration 14, 2003, IP Relay Reconsideration compensation for the following reasons: and this final certification will be sent Order. As a result, IP Relay providers (1) Sprint had a mistaken belief as to to the Chief Counsel for Advocacy of the who provided service between the date what constituted satisfaction of the HCO Small Business Administration, and of the IP Relay Declaratory Ruling & and pay-per-call requirements which will be published in the Federal FNPRM, released April 22, 2002, and may have been fostered by a discussion Register. See 5 U.S.C. 605(b). the date of the IP Relay Reconsideration of the requirements in the initial IP Order, released March 14, 2003, are Relay Declaratory Ruling & FNPRM that Ordering Clauses entitled to receive compensation for the can be read to be ambiguous; (2) the IP Pursuant to the authority contained in IP Relay service they provided during Relay Reconsideration Order sections 1, 2, and 225 of the that period notwithstanding whether, or demonstrates that HCO and pay-per-call Communications Act of 1934, as how, they offered HCO and pay-per-call requirements should have been waived amended, 47 U.S.C. 151, 152, and 225, 900 services. at the onset; (3) no IP Relay provider that this Order on Reconsideration IS could offer HCO and pay-per-call ADOPTED. Final Regulatory Flexibility services as understood by Sprint; and The Petition for Limited Certification (4) Sprint acknowledged and repeatedly Reconsideration filed by Sprint IS The Regulatory Flexibility Act of notified the Commission that based GRANTED to the extent indicated 1980, as amended (RFA), (the RFA, see upon their interpretation of the herein. 5 U.S.C. 601 et seq., has been amended mandatory minimum standards for TRS The Petition for Clarification and/or by the Contract with America calls they could not meet the Reconsideration filed by MCI IS Advancement Act of 1996, Public Law requirements for the provision of HCO GRANTED to the extent indicated Number 104–121, 110 Statute 847 and pay-per-call IP Relay calls. herein.

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The Commission’s Consumer & Smith, Federal Communications FEDERAL COMMUNICATIONS Governmental Affairs Bureau, Reference Commission, Room 1–A804, 445 12th COMMISSION Information Center, SHALL SEND a Street, SW., Washington, DC 20554. copy of this Order on Reconsideration, Please include the OMB Control 47 CFR Part 73 including a copy of this final Number 3060–1043, in your [DA 05–686, MB Docket No. 03–144, RM– certification, to the Chief Counsel for correspondence. We will also accept 10733, RM–10788, RM–10789] Advocacy of the Small Business your comments regarding the Paperwork Administration. Reduction Act aspects of the collection Services; Federal Communications Commission. via the Internet, if you send them to Breckenridge, Crawford, Eagle, Fort Marlene H. Dortch, [email protected] or call (202) 418– Morgan, Greenwood Village, and Gunnison, CO, Laramie, WY, Loveland, Secretary. 0217. Olathe and Strasburg, CO [FR Doc. 05–6814 Filed 4–5–05; 8:45 am] To request materials in accessible BILLING CODE 6712–01–P formats for people with disabilities AGENCY: Federal Communications (Braille, large print, electronic files, Commission. audio format), send an e-mail to ACTION: Final rule, petition for FEDERAL COMMUNICATIONS [email protected] or call the Consumer & reconsideration. COMMISSION Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 SUMMARY: This document grants the 47 CFR Part 64 (TTY). The notice can also be Petition for Reconsideration filed by [CC Docket No. 98–67 and CG Docket No. downloaded in Word and Portable Dana J. Puopolo directed to the Report 03–123; FCC 04–137; DA 05–728] Document Format (PDF) at: http:// and Order in this proceeding by www.fcc.gov/cgb/dro. allotting Channel 299C3 at Gunnison, Telecommunications Relay Services Colorado, as its fourth local service. See and Speech-to-Speech Services for Synopsis 69 FR 58840, published October 1, 2004. Individuals With Hearing and Speech Channel 299C3 can be allotted to Disabilities As required by the Paperwork Gunnison, consistent with the minimum Reduction Act of 1995 (PRA) (44 U.S.C. distance separation requirements of the AGENCY: Federal Communications 3507), the FCC is notifying the public Commission’s rules provided there is a Commission. that it received approval from OMB on site restriction of 19.5 kilometers (12.1 ACTION: Final rule; announcement of March 11, 2005, for the collection(s) of miles) northeast at coordinates 38–40– effective date. information contained in the 48 NL and 106–46–48 WL. This site Commission’s annual reporting SUMMARY: In this document, the Federal restriction will ensure full-spacing to requirements in 47 CFR 64.604(a)(4). Communications Commission the license site of Station KBKL on The OMB Control Number is 3060– (Commission) announces that the Office Channel 300C at Grand Junction, of Management and Budget (OMB) 1043. The annual reporting burden for Colorado. This document also allots approved for three years the information the collection(s) of information, Channel 274C3 in lieu of Channel collection requirements contained in the including the time for gathering and 272C2 at Crawford, as its first local Telecommunications Relay Services and maintaining the collection of service. Channel 274C3 can be allotted Speech-to-Speech Services for information, is estimated to be: 7 to Crawford in compliance with the Individuals with Hearing and Speech respondents, and average of 10 hours minimum distance separation Disabilities, Report and Order and Order per response per annum, for a total hour requirements of the Commission’s rules on Reconsideration, (Order). burden of 70 hours, and no annual cost. provided there is a site restriction of DATES: 47 CFR 64.604(a)(4) published at Under 5 CFR part 1320, an agency may 19.5 kilometers (12.1 miles) northeast at 69 FR 53346, September 1, 2004 is not conduct or sponsor a collection of coordinates 38–38–09 NL and 107–34– effective April 6, 2005. information unless it displays a current 43 WL. As a result, the Station valid OMB Control Number. No person KVLE(FM) Channel 299A substitution at FOR FURTHER INFORMATION CONTACT: Gunnison and the site relocation for Dana Jackson, Consumer & shall be subject to any penalty for failing vacant Channel 270C2 at Olathe is no Governmental Affairs Bureau, Disability to comply with a collection of longer necessary. See SUPPLEMENTARY Rights Office at (202) 418–2247 (voice), information subject to the PRA that does INFORMATION. (202) 418–7898 (TTY); e-mail: not display a valid OMB Control [email protected]. Number. The OMB Control Number is DATES: Effective May 2, 2005. 3060–1043. SUPPLEMENTARY INFORMATION: This is a ADDRESSES: Federal Communications summary of the Commission’s The foregoing notice is required by Commission, 445 Twelfth Street, SW., document DA 05–728, released March the Paperwork Reduction Act of 1995, Washington, DC 20554. 29, 2005, announcing OMB approval for Public Law 104–13, October 1, 1995, 44 FOR FURTHER INFORMATION CONTACT: three years the information collection U.S.C. 3507. Rolanda F. Smith, Media Bureau, (202) requirements contained in the Order; List of Subjects in 47 CFR Part 64 418–2180. published at 69 FR 53346, September 1, SUPPLEMENTARY INFORMATION: This is a 2004. The information collections were Telecommunications, Individuals summary of the Commission’s Report approved by OMB on March 11, 2005. with disabilities, Reporting and and Order, MB Docket No. 03–144 OMB Control Number 3060–1043. The recordkeeping requirements. adopted March 14, 2005, and released Commission publishes this notice of the Federal Communications Commission. March 16, 2005. The full text of this effective date of the rules. If you have Commission decision is available for any comments on these burden Marlene H. Dortch, inspection and copying during normal estimates, or how we can improve the Secretary. business hours in the Commission’s collection(s) and reduce the burden(s) [FR Doc. 05–6811 Filed 4–5–05; 8:45 am] Reference Center, 445 Twelfth Street, they cause you, please write to Les BILLING CODE 6712–01–P SW., Washington, DC 20554. The

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complete text of this decision may also Breckenridge, Colorado can be modified by removing Channel 272C2 and adding be purchased from the Commission’s consistent with the Commission’s Channel 274C3 at Crawford, removing duplicating contractor, Best Copy and minimum distance separation Fort Morgan, Channel 268C, adding Printing, Inc., 445 12th Street, SW., requirements provided there is a site Greenwood Village, Channel 272A, and Room CY–B402, Washington, DC 20054, restriction of 8.4 kilometers (5.2 miles) by removing Channel 299A and adding telephone 1–800–378–3160 or http:// southwest of the community. The Channel 272A and Channel 299C3 at www.BCPIWEB.com. The Commission modified license coordinates for Gunnison, removing Channel 272A and will send a copy of the Memorandum Channel 272A at Breckenridge are 39– adding Channel 268C at Strasburg. Opinion and Order in this proceeding in 25–52 North Latitude and 106–06–17 I 3. Section 73.202(b), the Table of FM a report to be sent to Congress and the West Longitude. The transmitter site for Allotments under Nebraska, is amended General Accounting Office pursuant to Station KTRR(FM), Channel 273C2, by removing Channel 267C and adding the Congressional Review Act, see 5 Loveland, Colorado also can be Channel 267C0 at Bridgeport. modified consistent with the U.S.C. 801(a)(1)(A). I 4. Section 73.202(b), the Table of FM Commission’s minimum distance This document also grants the Allotments under Wyoming, is amended separation requirements provided there Petition for Reconsideration filed by by removing Channel 275C and adding is a site restriction of 26.1 kilometers KAGM, LLC, licensee of Station Channel 275C1 at Laramie. KAGM(FM), Channel 272A, (16.2 miles) northeast of the community. Federal Communications Commission. Strasburg,Colorado, On-Air Family, The modified license coordinates for LLC, licensee of Station KBRU–FM, Channel 273C2 at Loveland are 40–34– John A. Karousos, Channel 268C,Fort Morgan, Colorado, 33 North Latitude and 104–52–22 West Assistant Chief, Audio Division, Media Regent Broadcasting of Ft. Collins, Inc., Longitude. To facilitate Station Bureau. licensee of Station KTRR(FM), Channel KSMT(FM) relocation, we modify the [FR Doc. 05–6694 Filed 4–4–05; 8:45 am] 273C2, Loveland, Colorado, NRC license site for Station KTUN(FM), BILLING CODE 6712–01–P Broadcasting,Inc., licensee of Station Eagle, Colorado because the requested KSMT(FM), Channel 272A, Channel 269C1 substitution was granted by minor change application. The Breckenridge, Colorado and Station DEPARTMENT OF TRANSPORTATION transmitter site for Station KTUN(FM), KTUN(FM), Channel 269C1, Eagle, Channel 269C1, Eagle, Colorado can be Colorado, and AGM–Nevada,LLC, Surface Transportation Board modified consistent with the licensee of Station KARS–FM, Channel Commission’s minimum distance 275C1, Laramie, Wyoming by reallotting 49 CFR Part 1002 separation requirements provided there Channel 272A from Strasburg to is a site restriction of 12.8 kilometers [STB Ex Parte No. 542 (Sub–No. 12)] Greenwood Village, Colorado, as its first (7.9 miles) northwest of the community. local service, and modifying the license Regulations Governing Fees for The modified license coordinates for of Station KAGM(FM). Channel 272A Services Performed in Connection Channel 269C1 at Eagle are 39–45–15 can be allotted to Greenwood Village With Licensing and Related Services— North Latitude and 106–54–13 West 2005 Update consistent with the Commission’s Longitude. Moreover, because the minimum distance separation requested Channel 275C1 downgrade at AGENCY: Surface Transportation Board, requirements provided there is a site Laramie was also granted by minor DOT. restriction of 12.5 kilometers (7.7 miles) change application, we modify the ACTION: Final rules. east of the community. The reference licensed site for Station KARS–FM, coordinates for Channel 272A at Laramie, Wyoming to accommodate SUMMARY: The Board adopts its 2005 Greenwood Village are 39–37–32 North Station KTRR–FM relocation. The User Fee Update and revises its fee Latitude and 104–47–47 West transmitter site for Station KARS–FM, schedule to recover the costs associated Longitude. To ensure continued Channel 275C1, Laramie, Wyoming also with the January 2005 Government operational local service at Strasburg, can be modified consistent with the salary increases and to reflect changes we reallot Channel 268C from Fort Commission’s minimum distance in overhead costs to the Board. Morgan to Strasburg, Colorado, as its separation requirements provided there DATES: Effective Date: These rules are first local operational service, and is a site restriction of 47 kilometers (29.2 effective May 6, 2005. modify the license of Station KBRU–FM miles) south of the community. The FOR FURTHER INFORMATION CONTACT: to reflect this change. Fort Morgan will modified license coordinates for continue to receive local service from David T. Groves, (202) 565–1551, or Channel 275C1 at Laramie are 40–53–55 Anne Quinlan, (202) 565–1727. [TDD full-time AM Station KFTM. Channel North Latitude and 105–42–31 West. 268C can be allotted to Strasburg for the hearing impaired: 1–800–877– consistent with the Commission’s List of Subjects in 47 CFR Part 73 8339.] minimum distance separation Radio, Radio broadcasting. SUPPLEMENTARY INFORMATION: The requirements provided there is a site Board’s regulations at 49 CFR 1002.3 I Part 73 of title 47 of the Code of Federal restriction of 41.9 kilometers (26 miles) require that the Board’s user fee Regulations is amended as follows: east of the community. The reference schedule be updated annually. The coordinates for Channel 268C at PART 73—RADIO BROADCAST regulation at 49 CFR 1002.3(a) provides Strasburg are 39–51–39 North Latitude SERVICES that the entire fee schedule or selected and 103–51–44 West Longitude. To fees can be modified more than once a accommodate the Greenwood Village I 1. The authority citation for part 73 year, if necessary. Fees are revised based reallotment, we modify the transmitter continues to read as follows: on the cost study formula set forth at 49 sites for Stations KSMT(FM), Channel Authority: 47 U.S.C. 154, 303, 334 and 336. CFR 1002.3(d). 272A, Breckenridge, Colorado and Because Board employees received a Station KTRR(FM), Channel 237C3, § 73.202 [Amended] salary increase of 3.71% in January Loveland, Colorado. The transmitter site I 2. Section 73.202(b), the Table of FM 2005, the Board is updating its user fees for Station KSMT(FM), Channel 272A, Allotments under Colorado, is amended to recover the increased personnel costs.

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With certain exceptions, all fees, Information Officer at (202) 565–1500. certified copies of tariffs or schedules or including those adopted or amended in To purchase a copy of the decision, extracts therefrom at the rate of $34.00 Regulations Governing Fees For Services write to, call, e-mail, or pick up in per hour. Performed In Connection With Licensing person from ASAP Document Solutions, (c) Service involved in checking and Related Services—2002 New Fees, 9332 Annapolis Road, Suite 103 records to be certified to determine STB Ex Parte No. 542 (Sub-No. 4) (STB Lanham, Maryland 20706, (301) 306– authenticity, including clerical work, served Mar. 29, 2004) will be updated 4004, [email protected]. [Assistance etc., incidental thereto, at the rate of based on the cost formula contained in for the hearing impaired is available $24.00 per hour. 49 CFR 1002.3(d). In addition, changes through Federal Information Relay * * * * * to the overhead costs borne by the Board Services (FIRS): (800) 877–8339.] (f) * * * are reflected in the revised fee schedule. List of Subjects in 49 CFR Part 1002 (1) A fee of $60.00 per hour for The fee increases adopted here result professional staff time will be charged from the mechanical application of the Administrative practice and procedure, Common carriers, Freedom when it is required to fulfill a request update formula in 49 CFR 1002.3(d), for ADP data. which was adopted through notice and of information, User fees. comment procedures in Regulations Decided: March 31, 2005. * * * * * Governing Fees for Services—1987 By the Board, Chairman Nober, Vice (g) * * * Update, 4 I.C.C.2d 137 (1987). No new Chairman Buttrey and Commissioner (6) * * * fees are being proposed in this Mulvey. proceeding. Therefore, the Board finds Vernon A. Williams, Grade Rate that notice and comment are Secretary. GS–1 ...... $10.08 unnecessary for this proceeding. See I For the reasons set forth in the GS–2 ...... 10.98 Regulations Governing Fees For preamble, title 49, chapter X, part 1002, GS–3 ...... 12.37 Services—1990 Update, 7 I.C.C.2d 3 of the Code of Federal Regulations is GS–4 ...... 13.89 (1990); Regulations Governing Fees For amended as follows: GS–5 ...... 15.54 Services—1991 Update, 8 I.C.C.2d 13 GS–6 ...... 17.32 (1991); and Regulations Governing Fees PART 1002—FEES GS–7 ...... 19.25 For Services—1993 Update, 9 I.C.C.2d GS–8 ...... 21.32 I 1. The authority citation for part 1002 855 (1993). GS–9 ...... 23.55 continues to read as follows: GS–10 ...... 25.93 The Board concludes that the fee GS–11 ...... 28.49 changes adopted here will not have a Authority: 5 U.S.C. 552(a)(4)(A) and 553; GS–12 ...... 34.15 significant economic impact on a 31 U.S.C. 9701 and 49 U.S.C. 721(a). GS–13 ...... 40.61 substantial number of small entities I 2. Section 1002.1 is amended by GS–14 ...... 47.99 because the Board’s regulations provide revising paragraphs (b), (c) and (f)(1); and GS–15 and over ...... 56.45 for waiver of filing fees for those entities the table in paragraph (g)(6) to read as that can make the required showing of follows: * * * * * financial hardship. I 2. In § 1002.2, paragraph (f) is revised Additional information is contained § 1002.1 Fees for record search, review, as follows: in the Board’s decision. To obtain a free copying, certification, and related services. § 1002.2 Filing fees. copy of the full decision, visit the * * * * * Board’s Web site at http:// (b) Service involved in examination of (a) * * * www.stb.dot.gov or call the Board’s tariffs or schedules for preparation of (f) Schedule of filing fees.

Type of proceeding Fee

PART I: Non-Rail Applications or Proceedings to Enter Upon a Particular Financial Transaction or Joint Ar- rangement: (1) An application for the pooling or division of traffic ...... $3,600. (2) (i) An application involving the purchase, lease, consolidation, merger, or acquisition of control of a $1,700. motor carrier of passengers under 49 U.S.C. 14303. (ii) A petition for exemption under 49 U.S.C. 13541(other than a rulemaking) filed by a non-rail $2,600. carriernot otherwise covered. (iii) A petition to revoke an exemption filed under 49 U.S.C. 13541(d) ...... $2,200. (3) An application for approval of a non-rail rate association agreement 49 U.S.C. 13703 ...... $22,500. (4) An application for approval of an amendment to a non- rail rate association agreement: (i) Significant amendment ...... $3,700. (ii) Minor amendment ...... $80. (5) An application for temporary authority to operate a motor carrier of passengers 49 U.S.C. 14303(i) $400. (6) A notice of exemption for transaction within a motor passenger corporate family that does not re- $1,400. sult in adverse changes in service levels, significant operational changes, or a change in the com- petitive balance with motor passenger carriers outside the corporate family. (7)–(10) [Reserved] PART II: Rail Licensing Proceedings other than Abandonment or Discontinuance Proceedings: (11) (i) An application for a certificate authorizing the extension, acquisition, or operation of lines of $5,900. railroad 49 U.S.C. 10901. (ii) Notice of exemption under 49 CFR 1150.31–1150.35 ...... $1,500. (iii) Petition for exemption under 49 U.S.C. 10502 ...... $10,200. (12) (i) An application involving the construction of a rail line ...... $60,800. (ii) A notice of exemption involving construction of a rail line under 49 CFR 1150.36 ...... $1,500. (iii) A petition for exemption under 49 U.S.C. 10502 involving construction of a rail line ...... $60,80.0

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Type of proceeding Fee

(iv) A request for determination of a dispute involving a rail construction that crosses the line of $200. another carrier under 49 U.S.C. 10902(d). (13) A Feeder Line Development Program application filed under 49 U.S.C. 10907(b)(1)(A)(i) or $2,600. 10907(b)(1)(A)(ii). (14) (i) An application of a class II or class III carrier to acquire an extended or additional rail line $5,100. under 49 U.S.C. 10902. (ii) Notice of exemption under 49 CFR 1150.41—1150.45 ...... $1,500. (iii) Petition for exemption under 49 U.S.C. 10502 relating to an exemption from the provisions of $5,400. 49 U.S.C. 10902. (15) A notice of a modified certificate of public convenience and necessity under 49 CFR 1150.21– $1,400. 1150.24. (16)–(20) [Reserved] PART III: Rail Abandonment or Discontinuance of Transportation Services Proceedings: (21) (i) An application for authority to abandon all or a portion of a line of railroad or discontinue oper- $18,100. ation thereof filed by a railroad (except applications filed by Consolidated Rail Corporation pursuant to the Northeast Rail Service Act [Subtitle E of Title XI of Pub. L. 97–35], bankrupt railroads, or ex- empt abandonments). (ii) Notice of an exempt abandonment or discontinuance under 49 CFR 1152.50 ...... $3,000. (iii) A petition for exemption under 49 U.S.C. 10502 ...... $5,200. (22) An application for authority to abandon all or a portion of a line of a railroad or operation thereof $350. filed by Consolidated Rail Corporation pursuant to Northeast Rail Service Act.. (23) Abandonments filed by bankrupt railroads ...... $1,500. (24) A request for waiver of filing requirements for abandonment application proceedings ...... $1,400. (25) An offer of financial assistance under 49 U.S.C. 10904 relating to the purchase of or subsidy for a $1,200. rail line proposed for abandonment. (26) A request to set terms and conditions for the sale of or subsidy for a rail line proposed to be $18,400. abandoned. (27) (i) A request for a trail use condition in an abandonment proceeding under 16 U.S.C. 1247(d) ...... $200. (ii) A request to extend the period to negotiate a trail use agreement ...... $350. (28)–(35) [Reserved] PART IV: Rail Applications to Enter Upon a Particular Financial Transaction or Joint Arrangement: (36) An application for use of terminal facilities or other applications under 49 U.S.C. 11102 ...... $15,400. (37) An application for the pooling or division of traffic. 49 U.S.C. 11322 ...... $8,300. (38) An application for two or more carriers to consolidate or merge their properties or franchises (or a part thereof) into one corporation for ownership, management, and operation of the properties pre- viously in separate ownership. 49 U.S.C. 11324: (i) Major transaction ...... $1,216,900. (ii) Significant transaction ...... $243,400. (iii) Minor transaction ...... $6,300. (iv) Notice of an exempt transaction under 49 CFR 1180.2(d) ...... $1,400. (v) Responsive application ...... $6,300. (vi) Petition for exemption under 49 U.S.C. 10502 ...... $7,600. (vii) A request for waiver or clarification of regulations filed in a major financial proceeding as de- $4,500. fined at 49 CFR 1180.2(a). (39) An application of a non-carrier to acquire control of two or more carriers through ownership of stock or otherwise. 49 U.S.C. 11324: (i) Major transaction ...... $1,216,900. (ii) Significant transaction ...... $243,400. (iii) Minor transaction ...... $6,300. (iv) A notice of an exempt transaction under 49 CFR 1180.2(d) ...... $1,100. (v) Responsive application ...... $6,300. (vi) Petition for exemption under 49 U.S.C. 10502 ...... $7,600. (vii) A request for waiver or clarification of regulations filed in a major financial proceeding as de- $4,500. fined at 49 CFR 118.02(a). (40) An application to acquire trackage rights over, joint ownership in, or joint use of any railroad lines owned and operated by any other carrier and terminals incidental thereto. 49 U.S.C. 11324: (i) Major transaction ...... $1,216,900. (ii) Significant transaction ...... $243,400. (iii) Minor transaction ...... $6,300. (iv) Notice of an exempt transaction under 49 CFR 118.02(d) ...... $1,000. (v) Responsive application ...... $6,300. (vi) Petition for exemption under 49 U.S.C. 10502 ...... $7,600. (vii) A request for waiver or clarification of regulations filed in a major financial proceeding as de- $4,500. fined at 49 CFR 118.02(a). (41) An application of a carrier or carriers to purchase, lease, or contract to operate the properties of another, or to acquire control of another by purchase of stock or otherwise. 49 U.S.C. 11324: (i) Major transaction ...... $1,216,900. (ii) Significant transaction ...... $243,400. (iii) Minor transaction ...... $6,300. (iv) Notice of an exempt transaction under 49 CFR 118.02(d) ...... $1,100. (v) Responsive application ...... $6,300. (vi) Petition for exemption under 49 U.S.C. 10502 ...... $5,400. (vii) A request for waiver or clarification of regulations filed in a major financial proceeding as de- $4,500. fined at 49 CFR 118.02(a).

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Type of proceeding Fee

(42) Notice of a joint project involving relocation of a rail line under 49 CFR 118.02(d)(5) ...... $2,000. (43) An application for approval of a rail rate association agreement. 49 U.S.C. 10706 ...... $56,900. (44) An application for approval of an amendment to a rail rate association agreement. 49 U.S.C. 10706: (i) Significant amendment ...... $10,500. (ii) Minor amendment ...... $80. (45) An application for authority to hold a position as officer or director under 49 U.S.C. 11328 ...... $600. (46) A petition for exemption under 49 U.S.C. 10502 (other than a rulemaking) filed by rail carrier not $6,500. otherwise covered. (47) National Railroad Passenger Corporation (Amtrak) conveyance proceeding under 45 U.S.C. 562 $200. (48) National Railroad Passenger Corporation (Amtrak) compensation proceeding under Section $200. 402(a) of the Rail Passenger Service Act. (49)–(55) [Reserved] PART V: Formal Proceedings: (56) A formal complaint alleging unlawful rates or practices of carriers: (i) A formal complaint filed under the coal rate guidelines (Stand-Alone Cost Methodology) alleg- $102,000. ing unlawful rates and/or practices of rail carriers under 49 U.S.C. 10704(c)(1). (ii) A formal complaint involving rail maximum rates filed under the small rate case procedures ..... $150. (iii) All other formal complaints (except competitive access complaints) ...... $10,100. (iv) Competitive access complaints ...... $150. (v) A request for an order compelling a rail carrier to establish a common carrier rate ...... $200. (57) A complaint seeking or a petition requesting institution of an investigation seeking the prescription $7,200. or division of joint rates or charges. 49 U.S.C. 10705. (58) A petition for declaratory order: (i) A petition for declaratory order involving a dispute over an existing rate or practice which is $1,000. comparable to a complaint proceeding. (ii) All other petitions for declaratory order ...... $1,400. (59) An application for shipper antitrust immunity. 49 U.S.C. 10706(a)(5)(A) ...... $5,700. (60) Labor arbitration proceedings ...... $200. (61) (i) An appeal of a Surface Transportation Board decision on the merits or petition to revoke an $200. exemption pursuant to 49 U.S.C. 10502(d). (ii) An appeal of a Surface Transportation Board decision on procedural matters except discovery $300. rulings. (62) Motor carrier undercharge proceedings ...... $200. (63) (i) Expedited relief for service inadequacies: A request for expedited relief under 49 U.S.C. 11123 $200. and 49 CFR part 1146 for service emergency. (ii) Expedited relief for service inadequacies: A request for temporary relief under 49 U.S.C. 10705 $200. and 11102, and 49 CFR part 1147 for service inadequacies. (64) A request for waiver or clarification of regulations except one filed in an abandonment or dis- $450. continuance proceeding, or in a major financial proceeding as defined at 49 CFR 1180.2(a). (65)–(75) [Reserved] PART VI: Informal Proceedings: (76) An application for authority to establish released value rates or ratings for motor carriers and $1,000. freight forwarders of household goods under 49 U.S.C. 14706. (77) An application for special permission for short notice or the waiver of other tariff publishing re- $100. quirements. (78) The filing of tariffs, including supplements, or contract summaries ...... $1 per page. ($20 minimum charge.) (79) Special docket applications from rail and water carriers: (i) Applications involving $25,000 or less ...... $50. (ii) Applications involving over $25,000 ...... $100. (80) Informal complaint about rail rate applications ...... $450. (81) Tariff reconciliation petitions from motor common carriers: (i) Petitions involving $25,000 or less ...... $50. (ii) Petitions involving over $25,000 ...... $100. (82) Request for a determination of the applicability or reasonableness of motor carrier rates under 49 $200. U.S.C. 13710(a)(2) and (3). (83) Filing of documents for recordation. 49 U.S.C. 11301 and 49 CFR 1177.3(c)...... $33 per document. (84) Informal opinions about rate applications (all modes) ...... $200. (85) A railroad accounting interpretation ...... $900. (86) (i) A request for an informal opinion not otherwise covered ...... $1,200. (ii) A proposal to use on a voting trust agreement pursuant to 49 CFR 1013 and 49 CFR $4,100. 1180.4(b)(4)(iv) in connection with a major control proceeding as defined at 49 CFR 1180.2(a). (iii) A request for an informal opinion on a voting trust agreement pursuant to 49 CFR 1013.3(a) $400. not otherwise covered. (87) Arbitration of Certain Disputes Subject to the Statutory Jurisdiction of the Surface Transportation Board under 49 CFR 1108: (i) Complaint ...... $75. (ii) Answer (per defendant), Unless Declining to Submit to Any Arbitration ...... $75. (iii) Third Party Complaint ...... $75. (iv) Third Party Answer (per defendant), Unless Declining to Submit to Any Arbitration ...... $75. (v) Appeals of Arbitration Decisions or Petitions to Modify or Vacate an Arbitration Award ...... $150. (88) Basic fee for STB adjudicatory services not otherwise covered ...... $200.

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Type of proceeding Fee

(89)–(95) [Reserved] PART VII: Services: (96) Messenger delivery of decision to a railroad carrier’s Washington, DC agent ...... $26 per delivery. (97) Request for service or pleading list for proceedings ...... $19 per list. (98) Processing the paperwork related to a request for the Carload Waybill Sample to be used in a Surface Transportation Board or State proceeding that: (i) Does not require a Federal Register notice: (a) Set cost portion ...... $100. (b) Sliding cost portion ...... $38 per party. (ii) Does require a Federal Register notice:. (a) Set cost portion ...... $350. (b) Sliding cost portion ...... $38 per party. (99) (i) Application fee for the Surface Transportation Board’s Practitioners’ Exam ...... $150. (ii) Practitioners’ Exam Information Package ...... $25. (100) Uniform Railroad Costing System (URCS) software and information: (i) Initial PC version URCS Phase III software program and manual ...... $50. (ii) Updated URCS PC version Phase III cost file—per year ...... $25 per year. (iii) Public requests for Source Codes to the PC version URCS Phase III ...... $100. (101) Carload Waybill Sample data on recordable compact disk (R–CD): (i) Requests for Public Use File on R–CD—per year ...... $250 per year. (ii) Waybill—Surface Transportation Board or State proceedings on R–CD—per year ...... $500 per year. (iii) User Guide for latest available Carload Waybill Sample ...... $50. (iv) Specialized programming for Waybill requests to the Board ...... $90 per hour.

* * * * * [FR Doc. 05–6817 Filed 4–5–05; 8:45 am] BILLING CODE 4915–01–P

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Proposed Rules Federal Register Vol. 70, No. 65

Wednesday, April 6, 2005

This section of the FEDERAL REGISTER • DOT Docket Web site: Go to substantive verbal contact with FAA contains notices to the public of the proposed http://dms.dot.gov and follow the personnel concerning this proposed AD. issuance of rules and regulations. The instructions for sending your comments Using the search function of our docket purpose of these notices is to give interested electronically. Web site, anyone can find and read the persons an opportunity to participate in the • Government-wide rulemaking Web comments in any of our dockets, rule making prior to the adoption of the final rules. site: Go to http://www.regulations.gov including the name of the individual and follow the instructions for sending who sent the comment (or signed the your comments electronically. comment on behalf of an association, DEPARTMENT OF TRANSPORTATION • Mail: Docket Management Facility, business, labor union, etc.). You can U.S. Department of Transportation, 400 review the DOT’s complete Privacy Act Federal Aviation Administration Seventh Street, SW., Nassif Building, Statement in the Federal Register room PL–401, Washington, DC 20590. published on April 11, 2000 (65 FR 14 CFR Part 39 • By fax: (202) 493–2251. 19477–78), or you can visit http:// • Delivery: Room PL–401 on the dms.dot.gov. [Docket No. FAA–2005–20867; Directorate plaza level of the Nassif Building, 400 Identifier 2004–NM–188–AD] Seventh Street SW., Washington, DC, Examining the Docket RIN 2120–AA64 between 9 a.m. and 5 p.m., Monday You can examine the AD docket on through Friday, except Federal holidays. the Internet at http://dms.dot.gov, or in Airworthiness Directives; Airbus Model For service information identified in person at the Docket Management A300 B4–600, B4–600R, and F4–600R this proposed AD, contact Airbus, 1 Facility office between 9 a.m. and 5 Series Airplanes, and Model C4–605R Rond Point Maurice Bellonte, 31707 p.m., Monday through Friday, except Variant F Airplanes (Collectively Called Blagnac Cedex, France. Federal holidays. The Docket A300–600 Airplanes) You can examine the contents of this Management Facility office (telephone AD docket on the Internet at http:// (800) 647–5227) is located on the plaza AGENCY: Federal Aviation dms.dot.gov, or in person at the Docket level of the Nassif Building at the DOT Administration (FAA), Department of Management Facility, U.S. Department street address stated in the ADDRESSES Transportation (DOT). of Transportation, 400 Seventh Street, section. Comments will be available in ACTION: Notice of proposed rulemaking SW., room PL–401, on the plaza level of the AD docket shortly after the DMS (NPRM). the Nassif Building, Washington, DC. receives them. This docket number is FAA–2005– SUMMARY: The FAA proposes to adopt a 20867; the directorate identifier for this Discussion new airworthiness directive (AD) for docket is 2004–NM–188–AD. The Direction Ge´ne´rale de l’Aviation certain Airbus Model A300–600 FOR FURTHER INFORMATION CONTACT: Dan Civile (DGAC), which is the airplanes. This proposed AD would Rodina, Aerospace Engineer, airworthiness authority for France, require an inspection for evidence of International Branch, ANM–116, FAA, notified us that an unsafe condition may chafing between the hydraulic flexible Transport Airplane Directorate, 1601 exist on certain Airbus Model A300 B4– hose and the ram air turbine (RAT) hub, Lind Avenue, SW., Renton, Washington 600, B4–600R, and F4–600R series and related investigative and corrective 98055–4056; telephone (425) 227–2125; airplanes, and Model C4–605R Variant F actions if necessary. This proposed AD fax (425) 227–1149. airplanes (collectively called A300–600 is prompted by reports of holes in the SUPPLEMENTARY INFORMATION: airplanes). The DGAC advises that, RAT hub cover. We are proposing this during a maintenance inspection, an AD to prevent a hole in the RAT hub Comments Invited operator discovered a hole in the ram air cover. A hole in the RAT hub cover We invite you to submit any relevant turbine (RAT) hub. Investigation could allow water to enter the RAT written data, views, or arguments revealed that the hole resulted from governing mechanism, freeze during regarding this proposed AD. Send your chafing between the hydraulic flexible flight, and jam the governing comments to an address listed under hose and RAT hub cover. Further mechanism. In addition, the metal ADDRESSES. Include ‘‘Docket No. FAA– investigation revealed that a similar particles that result from chafing 2005–20867; Directorate Identifier finding had been reported during between the hydraulic flexible hose and 2004–NM–188–AD’’ at the beginning of airplane production. The subsequent the RAT could mix with the lubricant your comments. We specifically invite investigation revealed that, when the grease and degrade the governing comments on the overall regulatory, flexible hoses for the hydraulic system mechanism. In an emergency, a jammed economic, environmental, and energy were installed, the binding had not been or degraded RAT could result in its aspects of the proposed AD. We will performed correctly. Due to the failure to deploy, loss of hydraulic consider all comments submitted by the incorrect installation of the binding, a pressure or electrical power to the closing date and may amend the hose chafed the RAT hub and airplane, and consequent reduced proposed AD in light of those eventually wore a hole into the hub controllability of the airplane. comments. cover. A hole in the RAT hub cover DATES: We must receive comments on We will post all comments we could allow water to enter the RAT this proposed AD by May 6, 2005. receive, without change, to http:// governing mechanism, freeze during ADDRESSES: Use one of the following dms.dot.gov, including any personal flight, and jam the governing addresses to submit comments on this information you provide. We will also mechanism. In addition, the metal proposed AD. post a report summarizing each particles that result from chafing

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between the hydraulic flexible hose and • If the clearance between the actions specified in the service the RAT could mix with the lubricant hydraulic flexible hose and the RAT information described previously, grease and degrade the governing hub is insufficient, and the hose is not except as discussed under ‘‘Difference mechanism. In an emergency, a jammed damaged, reworking the binding of the Among the Proposed AD, French or degraded RAT could result in failure hose. Airworthiness Directive, and Service of RAT deployment, loss of hydraulic Accomplishing the actions specified Bulletin.’’ pressure or electrical power to the in the service information is intended to Difference Among the Proposed AD, airplane, and consequent reduced adequately address the unsafe French Airworthiness Directive, and controllability of the airplane. condition. The DGAC mandated the Service Bulletin service information and issued French Relevant Service Information airworthiness directive F–2004–133, Operators should note that, although Airbus has issued Service Bulletin dated August 4, 2004, to ensure the the parallel French airworthiness A300–29–6054, Revision 01, including continued airworthiness of these directive and service bulletin include a Appendix 01, dated November 4, 2004. airplanes in France. requirement to submit inspection results The service bulletin describes to the airplane manufacturer, this FAA’s Determination and Requirements procedures for doing a one-time detailed proposed AD would not require that of the Proposed AD visual inspection for evidence of chafing action. Furthermore, where the service between the hydraulic flexible hose and These airplane models are bulletin specifies to return damaged the RAT hub, and related investigative manufactured in France and are type RATs to the vendor or a repair station, and corrective actions. The related certificated for operation in the United this proposed AD would not require that investigative and corrective actions States under the provisions of section action. include: 21.29 of the Federal Aviation • If any damage is found on the RAT Regulations (14 CFR 21.29) and the Clarification of Inspection Terminology hub, referencing the Airbus A300–600 applicable bilateral airworthiness In this proposed AD, the ‘‘detailed Component Maintenance Manual agreement. Pursuant to this bilateral visual inspection’’ specified in the (CMM) to determine if the damage is airworthiness agreement, the DGAC has Airbus service bulletin is referred to as within the limits specified in the CMM. kept the FAA informed of the situation a ‘‘detailed inspection.’’ We have • Replacing the RAT if any damage described above. We have examined the included the definition for a detailed exceeds the limits specified in the DGAC’s findings, evaluated all pertinent inspection in a note in this proposed CMM. information, and determined that we AD. • Replacing a damaged hose. need to issue an AD for products of this Costs of Compliance • If no damage is found on the RAT type design that are certificated for hub, measuring the clearance between operation in the United States. The following table provides the the hydraulic flexible hose and the RAT Therefore, we are proposing this AD, estimated costs for U.S. operators to hub. which would require accomplishing the comply with this proposed AD.

ESTIMATED COSTS

Number of Work Average Cost per U.S. Action hours labor rate Parts airplane -registered Fleet cost per hour airplanes

Inspection ...... 1 $65 None required...... $65 12 $780 Rework binding ...... 1 65 None required ...... 65 12 780

Authority for This Rulemaking products identified in this rulemaking 3. Will not have a significant Title 49 of the United States Code action. economic impact, positive or negative, on a substantial number of small entities specifies the FAA’s authority to issue Regulatory Findings rules on aviation safety. Subtitle I, under the criteria of the Regulatory Section 106, describes the authority of We have determined that this Flexibility Act. the FAA Administrator. Subtitle VII, proposed AD would not have federalism We prepared a regulatory evaluation Aviation Programs, describes in more implications under Executive Order of the estimated costs to comply with detail the scope of the Agency’s 13132. This proposed AD would not this proposed AD. See the ADDRESSES authority. have a substantial direct effect on the section for a location to examine the We are issuing this rulemaking under States, on the relationship between the regulatory evaluation. the authority described in Subtitle VII, national Government and the States, or Part A, Subpart III, Section 44701, on the distribution of power and List of Subjects in 14 CFR Part 39 ‘‘General requirements.’’ Under that responsibilities among the various section, Congress charges the FAA with levels of government. Air transportation, Aircraft, Aviation safety, Safety. promoting safe flight of civil aircraft in For the reasons discussed above, I air commerce by prescribing regulations certify that the proposed regulation: The Proposed Amendment for practices, methods, and procedures the Administrator finds necessary for 1. Is not a ‘‘significant regulatory Accordingly, under the authority safety in air commerce. This regulation action’’ under Executive Order 12866; delegated to me by the Administrator, is within the scope of that authority 2. Is not a ‘‘significant rule’’ under the the FAA proposes to amend 14 CFR part because it addresses an unsafe condition DOT Regulatory Policies and Procedures 39 as follows: that is likely to exist or develop on (44 FR 11034, February 26, 1979); and

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PART 39—AIRWORTHINESS Note 1: For the purposes of this AD, a necessary. This proposed AD is DIRECTIVES detailed inspection is: ‘‘An intensive prompted by a report of an aileron 2 examination of a specific item, installation, fault caused by severe wear of the 1. The authority citation for part 39 or assembly to detect damage, failure, or polyamide washer that is part of an anti- continues to read as follows: irregularity. Available lighting is normally supplemented with a direct source of good rotation bush assembly in the aileron Authority: 49 U.S.C. 106(g), 40113, 44701. lighting at an intensity deemed appropriate. attachment lug. We are proposing this AD to prevent excessive wear of the § 39.13 [Amended] Inspection aids such as mirror, magnifying lenses, etc., may be necessary. Surface polyamide washer of the aileron 2. The FAA amends § 39.13 by adding cleaning and elaborate procedures may be actuator bush assembly, which could the following new airworthiness required.’’ result in aileron flutter and loss of directive (AD): Actions Accomplished Previously control of the airplane. Airbus: Docket No. FAA–2005–20867; DATES: We must receive comments on Directorate Identifier 2004–NM–188–AD. (g) Actions accomplished before the effective date of this AD, in accordance with this proposed AD by May 6, 2005. Comments Due Date the Accomplishment Instructions of Airbus ADDRESSES: Use one of the following (a) The Federal Aviation Administration Service Bulletin A300–29–6054, excluding addresses to submit comments on this must receive comments on this AD action by Appendix 01, dated June 8, 2004, are proposed AD. May 6, 2005. acceptable for compliance with the • corresponding actions specified in this AD. DOT Docket Web site: Go to Affected ADs http://dms.dot.gov and follow the (b) None. Alternative Methods of Compliance instructions for sending your comments (AMOCs) electronically. Applicability (h) The Manager, International Branch, • Government-wide rulemaking Web (c) This AD applies to Airbus Model A300 ANM–116, Transport Airplane Directorate, site: Go to http://www.regulations.gov B4–600, B4–600R, and F4–600R series FAA, has the authority to approve AMOCs and follow the instructions for sending airplanes, and Model C4–605R Variant F for this AD, if requested in accordance with airplanes (collectively called A300–600 the procedures found in 14 CFR 39.19. your comments electronically. airplanes); certificated in any category; • Mail: Docket Management Facility, having serial numbers 0812, 0813, 0815 Related Information U.S. Department of Transportation, 400 through 0818 inclusive, 0821 through 0828 (i) French airworthiness directive F–2004– Seventh Street SW., Nassif Building, inclusive, and 0836 through 0838 inclusive. 133, dated August 4, 2004, also addresses the room PL–401, Washington, DC 20590. subject of this AD. Unsafe Condition • By fax: (202) 493–2251. • (d) This AD was prompted by reports of Issued in Renton, Washington, on March Hand Delivery: Room PL–401 on holes in the ram air turbine (RAT) hub. We 25, 2005. the plaza level of the Nassif Building, are issuing this AD to prevent a hole in the Ali Bahrami, 400 Seventh Street SW., Washington, RAT hub cover. A hole in the RAT hub cover Manager, Transport Airplane Directorate, DC, between 9 a.m. and 5 p.m., Monday could allow water to enter the RAT governing Aircraft Certification Service. through Friday, except Federal holidays. mechanism, freeze during flight, and jam the [FR Doc. 05–6758 Filed 4–5–05; 8:45 am] For service information identified in governing mechanism. In addition, the metal BILLING CODE 4910–13–P this proposed AD, contact Fokker particles that result from chafing between the hydraulic flexible hose and the RAT could Services B.V., P.O. Box 231, 2150 AE mix with the lubricant grease and degrade Nieuw-Vennep, the Netherlands. the governing mechanism. In an emergency, DEPARTMENT OF TRANSPORTATION You can examine the contents of this a jammed or degraded RAT could result in AD docket on the Internet at http:// Federal Aviation Administration failure of RAT deployment, loss of hydraulic dms.dot.gov, or in person at the Docket pressure or electrical power to the airplane, Management Facility, U.S. Department 14 CFR Part 39 and consequent reduced controllability of the of Transportation, 400 Seventh Street airplane. [Docket No. FAA–2005–20870; Directorate SW., room PL–401, on the plaza level of Compliance Identifier 2004–NM–180–AD] the Nassif Building, Washington, DC. (e) You are responsible for having the RIN 2120–AA64 This docket number is FAA–2005– actions required by this AD performed within 20870; the directorate identifier for this the compliance times specified, unless the Airworthiness Directives; Fokker docket is 2004–NM–180–AD. actions have already been done. Model F.28 Mark 0070 and 0100 Series FOR FURTHER INFORMATION CONTACT: Tom Inspection and Related Investigative/ Airplanes Rodriguez, Aerospace Engineer, Corrective Actions International Branch, ANM–116, FAA, AGENCY: Federal Aviation (f) Within 2,500 flight hours after the Administration (FAA), Department of Transport Airplane Directorate, 1601 effective date of this AD: Do a one-time Transportation (DOT). Lind Avenue, SW., Renton, Washington detailed inspection for evidence of chafing 98055–4056; telephone (425) 227–1137; ACTION: Notice of proposed rulemaking between the hydraulic flexible hose and the fax (425) 227–1149. RAT hub, and any applicable related (NPRM). investigative and corrective actions, by SUPPLEMENTARY INFORMATION: SUMMARY: The FAA proposes to adopt a accomplishing all of the applicable actions Comments Invited specified in the Accomplishment new airworthiness directive (AD) for all Instructions of Airbus Service Bulletin A300– Fokker Model F.28 Mark 0070 and 0100 We invite you to submit any relevant 29–6054, Revision 01, excluding Appendix series airplanes. This proposed AD written data, views, or arguments 01, dated November 4, 2004. Any applicable would require repetitive inspections for regarding this proposed AD. Send your corrective actions must be accomplished damage of the drive rod assembly of the comments to an address listed under before further flight. Although the service aileron tab on each aileron actuator; ADDRESSES. Include ‘‘Docket No. FAA– bulletin specifies to submit certain information to the manufacturer, and to repetitive measurements of the 2005–20870; Directorate Identifier submit damaged RAMs to the vendor or a clearance between the aileron hydraulic 2004–NM–180–AD’’ at the beginning of repair station, this AD does not include those lines and the drive rod; and related your comments. We specifically invite requirements. investigative and corrective actions if comments on the overall regulatory,

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economic, environmental, and energy the drive rod of the aileron tab. If the FAA’s Determination and Requirements aspects of the proposed AD. We will drive rod shows chafing damage, the of the Proposed AD consider all comments submitted by the service bulletin gives procedures for closing date and may amend the corrective actions. The corrective These airplane models are proposed AD in light of those actions include reworking the drive rod manufactured in the Netherlands and comments. to determine the depth of the chafing are type certificated for operation in the We will post all comments we damage and the straightness of the drive United States under the provisions of receive, without change, to http:// rod; and replacing the drive rod with a section 21.29 of the Federal Aviation dms.dot.gov, including any personal new or serviceable rod if necessary: Regulations (14 CFR 21.29) and the information you provide. We will also • For damage of less than or equal to applicable bilateral airworthiness post a report summarizing each .2 mm, no further action is required. agreement. Pursuant to this bilateral substantive verbal contact with FAA • For damage of greater than .2 mm airworthiness agreement, the CAA–NL personnel concerning this proposed AD. but less than .5 mm, replace the drive has kept the FAA informed of the Using the search function of our docket rod within 4,000 flight hours after the situation described above. We have website, anyone can find and read the inspection. examined the CAA–NL’s findings, comments in any of our dockets, • For damage of greater than or equal evaluated all pertinent information, and including the name of the individual to .5 mm but less than .8 mm, replace determined that we need to issue an AD who sent the comment (or signed the the drive rod within 500 flight hours for products of this type design that are comment on behalf of an association, after the inspection. certificated for operation in the United business, labor union, etc.). You can • For damage of .8 mm or greater, States. review the DOT’s complete Privacy Act replace the drive rod before further Therefore, we are proposing this AD, Statement in the Federal Register flight. which would require accomplishing the published on April 11, 2000 (65 FR The service bulletin also describes actions specified in the service bulletin 19477–78), or you can visit http:// procedures for a one-time measurement described previously, except as dms.dot.gov. for clearance between the aileron tab discussed under ‘‘Difference Between Examining the Docket drive rod and the hydraulic lines of the the Proposed AD and the Dutch aileron actuator. If the clearance is You can examine the AD docket on Airworthiness Directive.’’ 4 mm or greater, the service bulletin the Internet at http://dms.dot.gov, or in states that no further action is required. Clarification of Inspection Type person at the Docket Management If the clearance is less than 4 mm, the Facility office between 9 a.m. and The service bulletin and the Dutch service bulletin gives procedures for one 5 p.m., Monday through Friday, except airworthiness directive do not specify of two corrective actions: Replacing the Federal holidays. The Docket the type of inspection to perform; we polyamide washer with a new washer, Management Facility office (telephone refer to the inspection as a ‘‘detailed’’ or replacing the complete bush (800) 647–5227) is located on the plaza inspection. Note 1 of this proposed AD assembly with a new bush assembly. level of the Nassif Building at the DOT defines a detailed inspection. After the polyamide washer or bush street address stated in the ADDRESSES assembly is replaced, the service section. Comments will be available in Difference Between the Proposed AD bulletin gives procedures for the related the AD docket shortly after the DMS and the Dutch Airworthiness Directive investigative action of re-measuring the receives them. clearance between the aileron tab drive The Dutch airworthiness directive Discussion rod and the aileron actuator hydraulic does not include intervals for repeating the inspections of the drive rod The Civil Aviation Authority—The line. If the measurement is 4 mm or assembly of the aileron tab, and the Netherlands (CAA–NL), which is the greater, the service bulletin states that measurement of the clearance between airworthiness authority for the no further action is required. If the the hydraulic line and the aileron tab Netherlands, notified us that an unsafe measurement is less than 4 mm, the drive rod. Instead, the Dutch condition may exist on certain Fokker corrective action is replacing the aileron airworthiness directive states that the Model F.28 Mark 0070 and 0100 series actuator with a serviceable aileron at an repetitive intervals will be introduced airplanes. The CAA–NL advises that a applicable interval, depending on the separately in updates of the Fokker 70/ Fokker Model F.28 0100 series airplane clearance: • 100 Maintenance Review Board (MRB) had an aileron 2 fault. Subsequent For clearance of 1 mm or less, document and the Aircraft Maintenance investigation showed severe wear of the replace the actuator before further flight. • Manual (AMM). The CAA–NL requires polyamide washer that is used as part of For clearance more than 1 mm, but operators in The Netherlands to use the an anti-rotation bush assembly in the 2 mm or less, replace the actuator information, including repetitive aileron attachment lug. The worn within 500 flight hours after the intervals, in the latest revision of the washer allowed the aileron actuator to measurement. MRB and the AMM. However, since the rotate inboard and caused the hydraulic • For clearance of more than 2 mm to MRB and AMM are not mandatory in unions at the actuator body to chafe less than 4 mm, replace the actuator the U.S., this proposed AD would through the drive rod of the aileron tab. within 1,000 flight hours after the mandate that operators repeat the This condition, if not corrected, could measurement. inspections and measurement at result in aileron flutter and loss of Accomplishing the actions specified intervals not to exceed 4,000 flight control of the airplane. in the service information is intended to adequately address the unsafe hours. We have determined that this Relevant Service Information condition. The CAA–NL mandated the repetitive interval would mandate the Fokker Services B.V. has issued service information and issued Dutch equivalent intervals specified in the Fokker Service Bulletin SBF100–27– airworthiness directive 2003–141, dated MRB and AMM, and would address the 083, dated October 20, 2003. The service November 28, 2003, to ensure the unsafe condition in the same manner. bulletin describes procedures for a one- continued airworthiness of these This difference has been coordinated time inspection for chafing damage of airplanes in the Netherlands. with the CAA–NL.

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Costs of Compliance The following table provides the estimated costs for U.S. operators to comply with this proposed AD.

ESTIMATED COSTS

Average No. of U.S.- Action Work labor rate Parts Cost per registered Fleet cost hours per hour airplane airplanes

Inspection ...... 1 $65 None ...... $65 2 $130, per inspection cycle.

Authority for This Rulemaking List of Subjects in 14 CFR Part 39 Instructions of Fokker Service Bulletin SBF100–27–083, dated October 20, 2003. Title 49 of the United States Code Air transportation, Aircraft, Aviation specifies the FAA’s authority to issue safety, Safety. Repetitive Inspections and Measurements rules on aviation safety. Subtitle I, The Proposed Amendment (g) Within 24 months or 4,000 flight hours Section 106, describes the authority of after the effective date of this AD, whichever the FAA Administrator. Subtitle VII, Accordingly, under the authority occurs earlier: Do the actions in paragraphs Aviation Programs, describes in more delegated to me by the Administrator, (g)(1) and (g)(2) of this AD in accordance with the service bulletin. Repeat the actions detail the scope of the Agency’s the FAA proposes to amend 14 CFR part 39 as follows: thereafter at intervals not to exceed 4,000 authority. flight hours. We are issuing this rulemaking under PART 39—AIRWORTHINESS (1) Do a detailed inspection for chafing the authority described in Subtitle VII, DIRECTIVES damage of the aileron tab drive rod assembly Part A, Subpart III, Section 44701, on each aileron actuator. ‘‘General requirements.’’ Under that 1. The authority citation for part 39 (2) Measure the clearance between the section, Congress charges the FAA with continues to read as follows: hydraulic line and the aileron tab drive rod. promoting safe flight of civil aircraft in Note 1: For the purposes of this AD, a air commerce by prescribing regulations Authority: 49 U.S.C. 106(g), 40113, 44701. detailed inspection is: ‘‘An intensive for practices, methods, and procedures examination of a specific item, installation, § 39.13 [Amended] the Administrator finds necessary for or assembly to detect damage, failure, or safety in air commerce. This regulation 2. The FAA amends § 39.13 by adding irregularity. Available lighting is normally supplemented with a direct source of good is within the scope of that authority the following new airworthiness directive (AD): lighting at an intensity deemed appropriate. because it addresses an unsafe condition Inspection aids such as mirror, magnifying that is likely to exist or develop on Fokker Services B.V.: Docket No. FAA– lenses, etc., may be necessary. Surface products identified in this rulemaking 2005–20870; Directorate Identifier 2004– cleaning and elaborate procedures may be action. NM–180–AD. required.’’ Comments Due Date Regulatory Findings Corrective Action for Chafing Damage (a) The Federal Aviation Administration We have determined that this must receive comments on this AD action by (h) If any chafing damage that is greater proposed AD would not have federalism May 6, 2005. than .2 mm is found during any inspection implications under Executive Order required by paragraph (g)(1) of this AD, 13132. This proposed AD would not Affected ADs replace the drive rod in accordance with the have a substantial direct effect on the (b) None. service bulletin, at the applicable threshold limits defined in the service bulletin. States, on the relationship between the Applicability Corrective Action for Discrepant Clearance national Government and the States, or (c) This AD applies to all Fokker Model Measurements on the distribution of power and F.28 Mark 0070 and 0100 series airplanes, responsibilities among the various certificated in any category. (i) If any clearance measurement that is levels of government. outside the limits defined in the service Unsafe Condition For the reasons discussed above, I bulletin is found during the action required by paragraph (g)(2) of this AD, do the actions certify that the proposed regulation: (d) This AD was prompted by a report of an aileron 2 fault caused by severe wear of in paragraphs (i)(1) and (i)(2) of this AD. Do 1. Is not a ‘‘significant regulatory the polyamide washer that is part of an anti- all actions in accordance with the service action’’ under Executive Order 12866; rotation bush assembly in the aileron bulletin at the applicable threshold limits 2. Is not a ‘‘significant rule’’ under the attachment lug. We are issuing this AD to defined in the service bulletin. DOT Regulatory Policies and Procedures prevent excessive wear of the polyamide (1) Replace the polyamide washer or (44 FR 11034, February 26, 1979); and washer of the aileron actuator bush assembly, replace the bush assembly. which could result in aileron flutter and loss (2) Do all applicable related investigative 3. Will not have a significant of control of the airplane. and corrective actions after the replacement economic impact, positive or negative, in paragraph (i)(1) of this AD, including on a substantial number of small entities Compliance replacing the aileron actuator with a under the criteria of the Regulatory (e) You are responsible for having the serviceable aileron actuator as applicable. actions required by this AD performed within Flexibility Act. Alternative Methods of Compliance We prepared a regulatory evaluation the compliance times specified, unless the actions have already been done. (AMOCs) of the estimated costs to comply with (j) The Manager, International Branch, this proposed AD. See the ADDRESSES Service Bulletin Reference ANM–116, FAA, Transport Airplane section for a location to examine the (f) The term ‘‘service bulletin,’’ as used in Directorate, has the authority to approve regulatory evaluation. this AD, means the Accomplishment AMOCs for this AD, if requested in

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accordance with the procedures found in 14 • Mail: Docket Management Facility, Examining the Docket CFR 39.19. U.S. Department of Transportation, 400 You can examine the AD docket on Related Information Seventh Street SW., Nassif Building, room PL–401, Washington, DC 20590. the Internet at http://dms.dot.gov, or in (k) Dutch airworthiness directive 2003– • person at the Docket Management 141, dated November 28, 2003, also By fax: (202) 493–2251. addresses the subject of this AD. • 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 Issued in Renton, Washington, on March Federal holidays. The Docket 25, 2005. 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday Management Facility office (telephone Ali Bahrami, through Friday, except Federal holidays. (800) 647–5227) is located on the plaza Manager, Transport Airplane Directorate, For service information identified in level of the Nassif Building at the DOT Aircraft Certification Service. this proposed AD, contact Fokker street address stated in the ADDRESSES [FR Doc. 05–6759 Filed 4–5–05; 8:45 am] Services B.V., P.O. Box 231, 2150 AE section. Comments will be available in BILLING CODE 4910–13–P Nieuw-Vennep, the Netherlands. the AD docket shortly after the DMS You can examine the contents of this receives them. AD docket on the Internet at http:// DEPARTMENT OF TRANSPORTATION dms.dot.gov, or in person at the Docket Discussion Federal Aviation Administration Management Facility, U.S. Department The Civil Aviation Authority—The of Transportation, 400 Seventh Street Netherlands (CAA–NL), which is the 14 CFR Part 39 SW., room PL–401, on the plaza level of airworthiness authority for the the Nassif Building, Washington, DC. Netherlands, notified us that an unsafe [Docket No. FAA–2005–20871; Directorate This docket number is FAA–2005– Identifier 2004–NM–212–AD] condition may exist on all Fokker Model 20871; the directorate identifier for this F.28 Mark 1000, 2000, 3000, and 4000 RIN 2120–AA64 docket is 2004–NM–212–AD. series airplanes. The CAA–NL advises FOR FURTHER INFORMATION CONTACT: Tom Airworthiness Directives; Fokker that an operator found worn attachment Rodriguez, Aerospace Engineer, holes in the reinforcing strap of a wing’s Model F.28 Mark 1000, 2000, 3000, and International Branch, ANM–116, FAA, 4000 Series Airplanes lower skin at wing station (WS) 2635. Transport Airplane Directorate, 1601 Subsequent investigation found that the AGENCY: Federal Aviation Lind Avenue, SW., Renton, Washington repair bushings were improperly Administration (FAA), Department of 98055–4056; telephone (425) 227–1137; installed (with the bushings running Transportation (DOT). fax (425) 227–1149. completely through the wing skin and ACTION: Notice of proposed rulemaking SUPPLEMENTARY INFORMATION: reinforcing strap) in a number of holes (NPRM). Comments Invited during the accomplishment of (optional) Fokker Service Bulletin F28/57–77. That SUMMARY: The FAA proposes to adopt a We invite you to submit any relevant service bulletin refers to the Structural new airworthiness directive (AD) for all written data, views, or arguments Repair Manual (SRM) chapter 57–02–02, Fokker Model F.28 Mark 1000, 2000, regarding this proposed AD. Send your repair No. 3, for restoration of close 3000, and 4000 series airplanes. This comments to an address listed under tolerance holes by oversizing the holes proposed AD would require a detailed ADDRESSES. Include ‘‘Docket No. FAA– or by installing bushings. The SRM has inspection to determine the presence of 2005–20871; Directorate Identifier been updated and Fokker has issued incorrectly installed bushings in the 2004–NM–212–AD’’ at the beginning of Manual Change Notification— attachment holes of the reinforcing strap your comments. We specifically invite Maintenance F28–027 to correct the of the left- and right-hand wings’ lower comments on the overall regulatory, flawed SRM procedure. Although a joint skin, and corrective actions if necessary. economic, environmental, and energy with improperly installed bushings may This proposed AD is prompted by a aspects of the proposed AD. We will still have adequate shear strength, its report that bushings were installed in consider all comments submitted by the tensile strength is considerably reduced. accordance with improper procedures closing date and may amend the For this reason, the applied repair is in the structural repair manual. We are proposed AD in light of those considered to be inadequate. Improperly proposing this AD to detect and correct comments. installed bushings, if not detected and improperly installed bushings, which We will post all comments we could result in reduced tensile strength receive, without change, to http:// corrected, could result in reduced of the reinforcing strap of the wing’s dms.dot.gov, including any personal tensile strength of the reinforcing strap lower skin, and consequently a information you provide. We will also of the wing’s lower skin, and reduction of the structural capability of post a report summarizing each consequently a reduction of the the wing and possible wing failure. substantive verbal contact with FAA structural capability of the wing and possible wing failure. DATES: We must receive comments on personnel concerning this proposed AD. this proposed AD by May 6, 2005. Using the search function of our docket Relevant Service Information ADDRESSES: Use one of the following Web site, anyone can find and read the addresses to submit comments on this comments in any of our dockets, Fokker Services B.V. has issued proposed AD. including the name of the individual Fokker Service Bulletin F28/57–93, • DOT Docket Web site: Go to who sent the comment (or signed the dated December 22, 2003. The service http://dms.dot.gov and follow the comment on behalf of an association, bulletin describes procedures for an instructions for sending your comments business, labor union, etc.). You can inspection to determine the presence of electronically. review the DOT’s complete Privacy Act incorrectly installed bushings in the • Government-wide rulemaking Web Statement in the Federal Register attachment holes of the reinforcing strap site: Go to http://www.regulations.gov published on April 11, 2000 (65 FR of the left- and right-hand wings’ lower and follow the instructions for sending 19477–78), or you can visit http:// skin at WS 2635, and the repair of your comments electronically. dms.dot.gov. bushings, if necessary.

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Fokker Services B.V. has issued Regulations (14 CFR 21.29) and the adequate level of safety for the affected Fokker Service Bulletin F28/57–96, applicable bilateral airworthiness fleet, the corrective actions must be dated December 22, 2003. The service agreement. Pursuant to this bilateral completed prior to further flight. Thus, bulletin describes procedures for airworthiness agreement, the CAA–NL we adjusted the compliance time for the corrective action if the inspection has kept the FAA informed of the corrective action, extending the initial reveals the presence of incorrectly situation described above. We have inspection compliance time from the installed bushings. The corrective action examined the CAA–NL’s findings, earlier of 6 months or 1,500 flight cycles includes replacement of the reinforcing evaluated all pertinent information, and after the effective date of the AD, as straps of the left- and right-hand wings’ determined that we need to issue an AD specified in the Dutch airworthiness lower skin at WS 2635 with new for products of this type design that are directive, to the earlier of 12 months or reinforcing straps. certificated for operation in the United 3,000 flight cycles after the effective Accomplishing the actions specified States. date of the AD, as specified in this in the service information is intended to Therefore, we are proposing this AD, proposed AD. These differences have adequately address the unsafe which would require accomplishing the been coordinated with the CAA–NL. condition. The CAA–NL mandated the actions specified in the service service information and issued Dutch information described previously. Clarification of Inspection Terminology airworthiness directive 2004–021, dated Differences Between the Proposed AD In this proposed AD, the February 27, 2004, to ensure the and the Dutch Airworthiness Directive ‘‘inspection’’’ specified in the Fokker continued airworthiness of these service bulletins is referred to as a airplanes in the Netherlands. Unlike the compliance times mandated in the Dutch airworthiness ‘‘detailed inspection.’’ We have FAA’s Determination and Requirements directive, this proposed AD would not included the definition for a detailed of the Proposed AD permit further flight after incorrectly inspection in a note in the proposed AD. These airplane models are installed bushings or loose bolts in the Costs of Compliance manufactured in the Netherlands and attachment holes of the reinforcing strap are type certificated for operation in the are detected. This proposed AD would The following table provides the United States under the provisions of require corrective action before further estimated costs for U.S. operators to section 21.29 of the Federal Aviation flight. We find that, to achieve an comply with this proposed AD.

ESTIMATED COSTS

Number of Average Cost per U.S. Action Work hours labor rate Parts airplane -registered Fleet cost per hour airplanes

Inspection ...... 8 $65 $0 $520 12 6,240

Authority for This Rulemaking have a substantial direct effect on the the FAA proposes to amend 14 CFR part States, on the relationship between the Title 49 of the United States Code 39 as follows: national Government and the States, or specifies the FAA’s authority to issue on the distribution of power and PART 39—AIRWORTHINESS rules on aviation safety. Subtitle I, responsibilities among the various DIRECTIVES Section 106, describes the authority of levels of government. the FAA Administrator. Subtitle VII, For the reasons discussed above, I 1. The authority citation for part 39 Aviation Programs, describes in more certify that the proposed regulation: continues to read as follows: detail the scope of the Agency’s 1. Is not a ‘‘significant regulatory Authority: 49 U.S.C. 106(g), 40113, 44701. authority. action’’ under Executive Order 12866; We are issuing this rulemaking under 2. Is not a ‘‘significant rule’’ under the § 39.13 [Amended] the authority described in Subtitle VII, DOT Regulatory Policies and Procedures Part A, Subpart III, Section 44701, (44 FR 11034, February 26, 1979); and 2. The FAA amends § 39.13 by adding ‘‘General requirements.’’ Under that 3. Will not have a significant the following new airworthiness section, Congress charges the FAA with economic impact, positive or negative, directive (AD): promoting safe flight of civil aircraft in on a substantial number of small entities Fokker Services B.V.: Docket No. FAA– air commerce by prescribing regulations under the criteria of the Regulatory 2005–20871; Directorate Identifier 2004– for practices, methods, and procedures Flexibility Act. NM–212–AD. the Administrator finds necessary for We prepared a regulatory evaluation safety in air commerce. This regulation of the estimated costs to comply with Comments Due Date is within the scope of that authority this proposed AD. See the ADDRESSES (a) The Federal Aviation Administration because it addresses an unsafe condition section for a location to examine the must receive comments on this AD action by that is likely to exist or develop on regulatory evaluation. May 6, 2005. products identified in this rulemaking action. List of Subjects in 14 CFR Part 39 Affected ADs (b) None. Regulatory Findings Air transportation, Aircraft, Aviation safety, Safety. Applicability We have determined that this proposed AD would not have federalism The Proposed Amendment (c) This AD applies to all Fokker Model implications under Executive Order Accordingly, under the authority F.28 Mark 1000, 2000, 3000, and 4000 series 13132. This proposed AD would not delegated to me by the Administrator, airplanes, certificated in any category.

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Unsafe Condition DEPARTMENT OF TRANSPORTATION the Nassif Building, Washington, DC. (d) This AD was prompted by a report that This docket number is FAA–2005– bushings were installed in accordance with Federal Aviation Administration 20861; the directorate identifier for this improper procedures in the structural repair docket is 2005–NM–020–AD. manual. We are issuing this AD to detect and 14 CFR Part 39 FOR FURTHER INFORMATION CONTACT: correct improperly installed bushings which Rosanne Ryburn, Aerospace Engineer, could result in reduced tensile strength of the [Docket No. FAA–2005–20861; Directorate reinforcing strap of the wing’s lower skin, Identifier 2005–NM–020–AD] International Branch, ANM–116, FAA, and consequently a reduction of the RIN 2120–AA64 Transport Airplane Directorate, 1601 structural capability of the wing and possible Lind Avenue, SW., Renton, Washington wing failure. Airworthiness Directives; Airbus Model 98055–4056; telephone (425) 227–2139; fax (425) 227–1149. Compliance A300 B2 and B4 Series Airplanes SUPPLEMENTARY INFORMATION: (e) You are responsible for having the AGENCY: Federal Aviation actions required by this AD performed within Administration (FAA), Department of Comments Invited the compliance times specified, unless the Transportation (DOT). actions have already been done. We invite you to submit any relevant ACTION: Notice of proposed rulemaking written data, views, or arguments Inspection and Corrective Actions (NPRM). regarding this proposed AD. Send your (f) Within 12 months or 3,000 flight cycles comments to an address listed under SUMMARY: The FAA proposes to adopt a after the effective date of this AD, whichever ADDRESSES. Include ‘‘Docket No. FAA– occurs first, do a detailed inspection of the new airworthiness directive (AD) for 2005–20861; Directorate Identifier reinforcing strap of the left- and right-hand certain Airbus Model A300 B2 and B4 2005–NM–020–AD’’ at the beginning of wings’ lower skin at WS 2635 for improperly series airplanes. This proposed AD your comments. We specifically invite installed bushings in accordance with the would require modifying the wiring of Accomplishment Instructions of Fokker comments on the overall regulatory, the autopilot pitch torque limiter economic, environmental, and energy Service Bulletin F28/57–93, dated December switch. This proposed AD is prompted 22, 2003. aspects of the proposed AD. We will by several reports of pitch trim consider all comments submitted by the Note 1: For the purposes of this AD, a disconnect caused by insufficient length detailed inspection is: ‘‘An intensive closing date and may amend the examination of a specific item, installation, in the wiring to the pitch torque limiter proposed AD in light of those or assembly to detect damage, failure, or lever. We are proposing this AD to comments. irregularity. Available lighting is normally prevent possible trim loss when the We will post all comments we supplemented with a direct source of good flightcrew tries to override the autopilot receive, without change, to http:// lighting at an intensity deemed appropriate. pitch control, which could result in dms.dot.gov, including any personal Inspection aids such as mirror, magnifying uncontrolled flight of the airplane. lenses, etc., may be necessary. Surface information you provide. We will also DATES: We must receive comments on cleaning and elaborate procedures may be post a report summarizing each required.’’ this proposed AD by May 6, 2005. substantive verbal contact with FAA (1) If no improperly installed bushing is ADDRESSES: Use one of the following personnel concerning this proposed AD. found, no further action is required by this addresses to submit comments on this Using the search function of our docket AD. proposed AD. website, anyone can find and read the (2) If any improperly installed bushing is • DOT Docket Web site: Go to comments in any of our dockets, found, before further flight: http://dms.dot.gov and follow the including the name of the individual (i) Repair the bushing in accordance with instructions for sending your comments who sent the comment (or signed the the Accomplishment Instructions of Fokker electronically. comment on behalf of an association, Service Bulletin F28/57–93, dated December • Government-wide rulemaking Web business, labor union, etc.). You can 22, 2003; and site: Go to http://www.regulations.gov (ii) Replace the reinforcing strap with a review the DOT’s complete Privacy Act new reinforcing strap in accordance with the and follow the instructions for sending Statement in the Federal Register Accomplishment Instructions of Fokker your comments electronically. published on April 11, 2000 (65 FR Service Bulletin F28/57–96, dated December • Mail: Docket Management Facility, 19477–78), or you can visit http:// 22, 2003. U.S. Department of Transportation, 400 dms.dot.gov. Seventh Street SW., Nassif Building, Alternative Methods of Compliance Examining the Docket (AMOCs) room PL–401, Washington, DC 20590. • By fax: (202) 493–2251. You can examine the AD docket on (g) The Manager, International Branch, • Hand Delivery: Room PL–401 on ANM–116, Transport Airplane the Internet at http://dms.dot.gov, or in Directorate, FAA, has the authority to the plaza level of the Nassif Building, person at the Docket Management approve AMOCs for this AD, if requested in 400 Seventh Street SW., Washington, Facility office between 9 a.m. and 5 accordance with the procedures found in 14 DC, between 9 a.m. and 5 p.m., Monday p.m., Monday through Friday, except CFR 39.19. through Friday, except Federal holidays. Federal holidays. The Docket For service information identified in Related Information Management Facility office (telephone this proposed AD, contact Jacques (800) 647–5227) is located on the plaza (h) Dutch airworthiness directive 2004– Leborgne, Airbus Customer Service level of the Nassif Building at the DOT 021, dated February 27, 2004, also addresses Directorate, 1 Rond Point Maurice ADDRESSES the subject of this AD. street address stated in the Bellonte, 31707 Blagnac Cedex, France; section. Comments will be available in Issued in Renton, Washington, on March fax (+33) 5 61 93 36 14. the AD docket shortly after the DMS 25, 2005. You can examine the contents of this receives them. Ali Bahrami, AD docket on the Internet at http:// Manager, Transport Airplane Directorate, dms.dot.gov, or in person at the Docket Discussion Aircraft Certification Service. Management Facility, U.S. Department The Direction Ge´ne´rale de l’Aviation [FR Doc. 05–6760 Filed 4–5–05; 8:45 am] of Transportation, 400 Seventh Street Civile (DGAC), which is the BILLING CODE 4910–13–P SW., room PL–401, on the plaza level of airworthiness authority for France,

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notified us that an unsafe condition may Costs of Compliance List of Subjects in 14 CFR Part 39 exist on certain Airbus Model A300 B2 This proposed AD would affect about and B4 series airplanes. The DGAC Air transportation, Aircraft, Aviation 20 airplanes of U.S. registry. The safety, Safety. advises of several reports of pitch trim proposed actions would take about disconnect caused by insufficient length between 8 and 11 work hours per The Proposed Amendment in the wiring to the pitch torque limiter airplane, depending on airplane lever. The DGAC also advises of configuration, at an average labor rate of Accordingly, under the authority possible trim loss when the flightcrew $65 per work hour. Required parts delegated to me by the Administrator, tries to override the autopilot pitch would cost about $1,840 and $4,280 per the FAA proposes to amend 14 CFR part control. Possible trim loss, if not airplane, depending on airplane 39 as follows: corrected, could result in uncontrolled configuration. Based on these figures, flight of the airplane. the estimated cost of the proposed AD PART 39—AIRWORTHINESS DIRECTIVES Relevant Service Information for U.S. operators is between $47,200 and $99,900, or between $2,360 and Airbus has issued Service Bulletin $4,995 per airplane. 1. The authority citation for part 39 A300–22–0117, dated September 7, continues to read as follows: 2004. The service bulletin describes Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. procedures for modifying the wiring of Title 49 of the United States Code the autopilot pitch torque limiter specifies the FAA’s authority to issue § 39.13 [Amended] switch. For certain airplanes, rules on aviation safety. Subtitle I, 2. The FAA amends § 39.13 by adding modification includes installing new Section 106, describes the authority of the following new airworthiness clamps and harnesses. For certain other the FAA Administrator. Subtitle VII, directive (AD): airplanes, modification includes the Aviation Programs, describes in more detail the scope of the Agency’s Airbus: Docket No. FAA–2005–20861; following: Directorate Identifier 2005–NM–020–AD. • Modifying the equipment and authority. wiring in the left-hand electronics rack We are issuing this rulemaking under Comments Due Date 80VU. the authority described in Subtitle VII, (a) The Federal Aviation Administration Part A, Subpart III, Section 44701, • Modifying the equipment and must receive comments on this AD action by ‘‘General requirements.’’ Under that May 6, 2005. wiring in relay box 103VU. section, Congress charges the FAA with • Modifying the wiring between the promoting safe flight of civil aircraft in Affected ADs left-hand rack 80VU and relay box air commerce by prescribing regulations (b) None. 103VU. for practices, methods, and procedures Applicability • Modifying the wiring between the the Administrator finds necessary for rudder and the upper half of the safety in air commerce. This regulation (c) This AD applies to Airbus Model A300 B2 and B4 series airplanes, certificated in any fuselage. is within the scope of that authority category; as identified in Airbus Service Accomplishing the actions specified because it addresses an unsafe condition Bulletin A300–22–0117, dated September 7, in the service information is intended to that is likely to exist or develop on 2004. adequately address the unsafe products identified in this rulemaking condition. The DGAC mandated the action. Unsafe Condition (d) This AD was prompted by several service information and issued French Regulatory Findings airworthiness directive F–2004–186, reports of pitch trim disconnect caused by dated November 24, 2004, to ensure the We have determined that this insufficient length in the wiring to the pitch continued airworthiness of these proposed AD would not have federalism torque limiter lever. We are issuing this AD to prevent possible trim loss when the airplanes in France. implications under Executive Order 13132. This proposed AD would not flightcrew tries to override the autopilot FAA’s Determination and Requirements have a substantial direct effect on the pitch control, which could result in of the Proposed AD States, on the relationship between the uncontrolled flight of the airplane. These airplane models are national Government and the States, or Compliance manufactured in France and are type on the distribution of power and (e) You are responsible for having the certificated for operation in the United responsibilities among the various actions required by this AD performed within States under the provisions of § 21.29 of levels of government. the compliance times specified, unless the For the reasons discussed above, I the Federal Aviation Regulations (14 actions have already been done. certify that the proposed regulation: CFR 21.29) and the applicable bilateral 1. Is not a ‘‘significant regulatory Modification airworthiness agreement. Pursuant to action’’ under Executive Order 12866; (f) Within 20 months after the effective this bilateral airworthiness agreement, 2. Is not a ‘‘significant rule’’ under the date of this AD, modify the wiring of the the DGAC has kept the FAA informed DOT Regulatory Policies and Procedures autopilot pitch torque limiter switch, by of the situation described above. We (44 FR 11034, February 26, 1979); and doing all of the applicable actions specified have examined the DGAC’s findings, 3. Will not have a significant in the Accomplishment Instructions of evaluated all pertinent information, and economic impact, positive or negative, Airbus Service Bulletin A300–22–0117, determined that we need to issue an AD on a substantial number of small entities dated September 7, 2004. for products of this type design that are under the criteria of the Regulatory Alternative Methods of Compliance certificated for operation in the United Flexibility Act. (AMOCs) States. We prepared a regulatory evaluation (g) The Manager, International Branch, Therefore, we are proposing this AD, of the estimated costs to comply with ANM–116, Transport Airplane Directorate, which would require accomplishing the this proposed AD. See the ADDRESSES FAA, has the authority to approve AMOCs actions specified in the service section for a location to examine the for this AD, if requested in accordance with information described previously. regulatory evaluation. the procedures found in 14 CFR 39.19.

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Related Information instructions for sending your comments post a report summarizing each (h) French airworthiness directive F–2004– electronically. substantive verbal contact with FAA 186, dated November 24, 2004, also • Government-wide rulemaking web personnel concerning this proposed AD. addresses the subject of this AD. site: Go to http://www.regulations.gov Using the search function of that and follow the instructions for sending website, anyone can find and read the Issued in Renton, Washington, on March your comments electronically. 30, 2005. comments in any of our dockets, • Mail: Docket Management Facility, including the name of the individual Kalene C. Yanamura, U.S. Department of Transportation, 400 who sent the comment (or signed the Acting Manager, Transport Airplane Seventh Street SW., Nassif Building, comment on behalf of an association, Directorate, Aircraft Certification Service. room PL–401, Washington, DC 20590. business, labor union, etc.). You can [FR Doc. 05–6768 Filed 4–5–05; 8:45 am] • By fax: (202) 493–2251. review DOT’s complete Privacy Act BILLING CODE 4910–13–P • Hand Delivery: Room PL–401 on Statement in the Federal Register the plaza level of the Nassif Building, published on April 11, 2000 (65 FR 400 Seventh Street SW., Washington, DEPARTMENT OF TRANSPORTATION 19477–78), or you can visit http:// DC, between 9 a.m. and 5 p.m., Monday dms.dot.gov. Federal Aviation Administration through Friday, except Federal holidays. For service information identified in Examining the Docket 14 CFR Part 39 this proposed AD, contact Learjet, Inc., You can examine the AD docket on One Learjet Way, Wichita, Kansas the Internet at http://dms.dot.gov, or in [Docket No. FAA–2005–20872; Directorate 67209–2942. Identifier 2004–NM–271–AD] person at the Docket Management You can examine the contents of this Facility office between 9 a.m. and 5 RIN 2120–AA64 AD docket on the Internet at http:// p.m., Monday through Friday, except dms.dot.gov, or in person at the Docket Federal holidays. The Docket Airworthiness Directives; Learjet Management Facility, U.S. Department Management Facility office (telephone Model 23, 24, 24A, 24B, 24B–A, 24C, of Transportation, 400 Seventh Street (800) 647–5227) is located on the plaza 24D, 24D–A, 24E, 24F, 24F–A, 25, 25A, SW., room PL–401, on the plaza level of level of the Nassif Building at the DOT 25B, 25C, 25D, 25F, 28, 29, 31, 31A, 35, the Nassif Building, Washington, DC. street address stated in the ADDRESSES 35A (C–21A), and 36 Airplanes This docket number is FAA–2005– section. Comments will be available in 20872; the directorate identifier for this AGENCY: Federal Aviation the AD docket shortly after the DMS docket is 2004–NM–271–AD. Administration (FAA), Department of receives them. Transportation (DOT). FOR FURTHER INFORMATION CONTACT: Discussion ACTION: Notice of proposed rulemaking David Hirt, Aerospace Engineer, Systems and Propulsion Branch, ACE– (NPRM). We have received a report indicating 116W, FAA, Wichita Aircraft that an aileron cable failed on a Learjet SUMMARY: The FAA proposes to adopt a Certification Office, 1801 Airport Road, Model 35A (C–21A) airplane when the new airworthiness directive (AD) for Room 100, Mid-Continent Airport, cable underwent a tension check while certain Learjet Model 23, 24, 24A, 24B, Wichita, Kansas 67209; telephone (316) being installed. Further investigation 24B–A, 24C, 24D, 24D–A, 24E, 24F, 946–4156; fax (316) 946–4107. showed that an over-sized ball was 24F–A, 25, 25A, 25B, 25C, 25D, 25F, 28, SUPPLEMENTARY INFORMATION: swaged onto the cable during 29, 31, 31A, 35, 35A (C–21A), and 36 manufacture. Swaging an over-sized ball airplanes. This proposed AD would Comments Invited onto a cable allows excess material into require a one-time inspection of the We invite you to submit any relevant the swaging die, which causes the ball center ball of the aileron control cable written data, views, or arguments to over-swage and then sever the cable or cables for a defective swage, and regarding this proposed AD. Send your strands. This condition, if not corrected, corrective actions if necessary. This comments to an address listed under could result in severe weakening of the proposed AD is prompted by a report ADDRESSES. Include ‘‘Docket No. FAA– aileron cable, and consequent reduced indicating that an aileron cable failed on 2005–20872; Directorate Identifier controllability of the airplane. one affected airplane when the cable 2004–NM–271–AD’’ in the subject line underwent a tension check. We are of your comments. We specifically The subject area on Learjet Model 23, proposing this AD to prevent severe invite comments on the overall 24, 24A, 24B, 24B–A, 24C, 24D, 24D–A, weakening of the aileron cable, and regulatory, economic, environmental, 24E, 24F, 24F–A, 25, 25A, 25B, 25C, consequent reduced controllability of and energy aspects of the proposed AD. 25D, 25F, 28, 29, 31, 31A, 35, and 36 the airplane. We will consider all comments airplanes is identical to those on the DATES: We must receive comments on submitted by the closing date and may affected Model 35A (C–21A) airplane. this proposed AD by May 23, 2005. amend the proposed AD in light of those Therefore, all these airplanes may be ADDRESSES: Use one of the following comments. subject to the same unsafe condition. addresses to submit comments on this We will post all comments we Relevant Service Information proposed AD. receive, without change, to http:// • DOT Docket Web site: Go to dms.dot.gov, including any personal We have reviewed the Learjet service http://dms.dot.gov and follow the information you provide. We will also bulletins in the following table.

LEARJET SERVICE BULLETINS

Alert service bulletin Date Model

A23/24/25–27–17 ...... December 23, 2002 ...... 23, 24, 24A, 24B, 24B–A, 24C, 24D, 24D–A, 24E, 24F, 24F–A, 25, 25A, 25B, 25C, 25D, and 25F. A28/29–27–24 ...... December 23, 2002 ...... 28 and 29.

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LEARJET SERVICE BULLETINS—Continued

Alert service bulletin Date Model

A31–27–25 ...... December 23, 2002 ...... 31 and 31A. A35/36–27–42 ...... December 23, 2002 ...... 35, 35A (C–21A), and 36.

These service bulletins describe degree of urgency associated with on the distribution of power and procedures for visually inspecting the addressing the unsafe condition, and the responsibilities among the various center ball of the aileron control cable maximum interval of time allowable for levels of government. or cables for a defective swage, which all affected airplanes to continue to For the reasons discussed above, I includes an extruded shoulder and/or operate without compromising safety. certify that the proposed regulation: face deformation. If the inspection Clarification of Inspection Language 1. Is not a ‘‘significant regulatory shows a defective swage, the service action’’ under Executive Order 12866; bulletins describe procedures for, The service bulletins describe 2. Is not a ‘‘significant rule’’ under the among other actions, replacing the procedures for ‘‘visually inspecting’’ the DOT Regulatory Policies and Procedures aileron cable with a new cable. The center ball of the aileron control cable (44 FR 11034, February 26, 1979); and or cables. In this proposed AD we refer service bulletins also request that 3. Will not have a significant to this inspection as a ‘‘detailed operators send to the manufacturer all economic impact, positive or negative, inspection.’’ Note 1 of this proposed AD defective parts, and a report indicating on a substantial number of small entities defines this inspection. compliance with the applicable service under the criteria of the Regulatory bulletin. Accomplishing the actions Costs of Compliance Flexibility Act. specified in the service information is There are about 1,704 airplanes of the We prepared a regulatory evaluation intended to adequately address the affected design in the worldwide fleet. of the estimated costs to comply with unsafe condition. This proposed AD would affect about this proposed AD. See the ADDRESSES FAA’s Determination and Requirements 1,136 airplanes of U.S. registry. The section for a location to examine the of the Proposed AD proposed inspection would take about 1 regulatory evaluation. work hour per airplane, at an average We have evaluated all pertinent List of Subjects in 14 CFR Part 39 labor rate of $65 per work hour. Based information and identified an unsafe on these figures, the estimated cost of Air transportation, Aircraft, Aviation condition that is likely to exist or the proposed AD for U.S. operators is safety, Safety. develop on other airplanes of this same $73,840, or $65 per airplane. type design. Therefore, we are The Proposed Amendment proposing this AD, which would require Authority for This Rulemaking Accordingly, under the authority accomplishing the actions specified in Title 49 of the United States Code delegated to me by the Administrator, the service information described specifies the FAA’s authority to issue the FAA proposes to amend 14 CFR part previously, except as discussed under rules on aviation safety. Subtitle I, 39 as follows: ‘‘Differences Between the Proposed AD Section 106, describes the authority of and the Service Bulletins.’’ the FAA Administrator. Subtitle VII, PART 39—AIRWORTHINESS DIRECTIVES Differences Between the Proposed AD Aviation Programs, describes in more and the Service Bulletins detail the scope of the Agency’s 1. The authority citation for part 39 authority. continues to read as follows: Operators should note that, although We are issuing this rulemaking under the Accomplishment Instructions of the the authority described in Subtitle VII, Authority: 49 U.S.C. 106(g), 40113, 44701. referenced service bulletin describe Part A, Subpart III, Section 44701, § 39.13 [Amended] procedures for submitting a report ‘‘General requirements.’’ Under that showing compliance with the service section, Congress charges the FAA with 2. The FAA amends § 39.13 by adding bulletin and for returning any promoting safe flight of civil aircraft in the following new airworthiness discrepant parts to the manufacturer, air commerce by prescribing regulations directive (AD): this proposed AD would not require for practices, methods, and procedures Learjet: Docket No. FAA–2005–20872; those actions. the Administrator finds necessary for Directorate Identifier 2004–NM–271–AD. The service bulletins recommend that safety in air commerce. This regulation Comments Due Date operators accomplish the actions ‘‘as is within the scope of that authority soon as possible’’ within 10 flight hours (a) The Federal Aviation Administration because it addresses an unsafe condition (FAA) must receive comments on this AD after receiving the applicable service that is likely to exist or develop on action by May 23, 2005. bulletin. This proposed AD would products identified in this rulemaking require that operators accomplish the action. Affected ADs actions within 100 flight hours, or 90 (b) None. Regulatory Findings days after the effective date of the Applicability proposed AD, whichever occurs first. We have determined that this We find that the proposed compliance proposed AD would not have federalism (c) This AD applies to Learjet Model 23, 24, 24A, 24B, 24B–A, 24C, 24D, 24D–A, 24E, time addresses the unsafe condition implications under Executive Order 24F, 24F–A, 25, 25A, 25B, 25C, 25D, 25F, 28, soon enough to maintain an adequate 13132. This proposed AD would not 29, 31, 31A, 35, 35A (C–21A), and 36 level of safety for the affected fleet. In have a substantial direct effect on the airplanes; certificated in any category; as developing an appropriate compliance States, on the relationship between the identified in the Learjet alert service bulletins time for this AD we considered the national Government and the States, or in Table 1 of this AD.

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TABLE 1.—LEARJET SERVICE BULLETINS

Alert service bulletin Date Model

A23/24/25–27–17 ...... December 23, 2002 ...... 23, 24, 24A, 24B, 24B–A, 24C, 24D, 24D–A, 24E, 24F, 24F–A, 25, 25A, 25B, 25C, 25D, and 25F. A28/29–27–24 ...... December 23, 2002 ...... 28 and 29. A31–27–25 ...... December 23, 2002 ...... 31 and 31A. A35/36–27–42 ...... December 23, 2002 ...... 35, 35A (C–21A), and 36.

Unsafe Condition Issued in Renton, Washington, on March • Mail: Docket Management Facility, (d) This AD was prompted by a report 25, 2005. U.S. Department of Transportation, 400 indicating that an aileron cable failed on one Ali Bahrami, Seventh Street SW, Nassif Building, affected airplane when the cable underwent Manager, Transport Airplane Directorate, room PL–401, Washington, DC 20590. a tension check. We are issuing this AD to Aircraft Certification Service. • By fax: (202) 493–2251. • prevent severe weakening of the aileron [FR Doc. 05–6767 Filed 4–5–05; 8:45 am] Hand Delivery: Room PL–401 on cable, and consequent reduced controllability BILLING CODE 4910–13–P the plaza level of the Nassif Building, of the airplane. 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday Compliance DEPARTMENT OF TRANSPORTATION through Friday, except Federal holidays. (e) You are responsible for having the For service information identified in actions required by this AD performed within Federal Aviation Administration this proposed AD, contact Airbus, 1 the compliance times specified, unless the Rond Point Maurice Bellonte, 31707 actions have already been done. 14 CFR Part 39 Blagnac Cedex, France. You can examine the contents of this Inspection and Corrective Action [Docket No. FAA–2005–20874; Directorate AD docket on the Internet at http:// (f) Within 100 flight hours, or 90 days after Identifier 2004–NM–279–AD] dms.dot.gov, or in person at the Docket the effective date of this AD, whichever RIN 2120–AA64 Management Facility, U.S. Department occurs first: Do a detailed inspection of the of Transportation, 400 Seventh Street center ball of the aileron control cable or Airworthiness Directives; Airbus Model SW., room PL–401, on the plaza level of cables for a defective swage, and before A319, A320, and A321 Series Airplanes the Nassif Building, Washington, DC. further flight replace any damaged or This docket number is FAA–2005– defective cable with a new cable. Unless AGENCY: Federal Aviation 20874; the directorate identifier for this otherwise specified in this AD, do all actions Administration (FAA), Department of docket is 2004–NM–279–AD. in accordance with the Accomplishment Transportation (DOT). FOR FURTHER INFORMATION CONTACT: Tim Instructions of the applicable service bulletin ACTION: Notice of proposed rulemaking in Table 1 of this AD. Dulin, Aerospace Engineer, (NPRM). International Branch, ANM–116, FAA, Note 1: For the purposes of this AD, a Transport Airplane Directorate, 1601 detailed inspection is: ‘‘An intensive SUMMARY: The FAA proposes to adopt a examination of a specific item, installation, new airworthiness directive (AD) for Lind Avenue, SW., Renton, Washington or assembly to detect damage, failure, or certain Airbus Model A319, A320, and 98055–4056; telephone (425) 227–2141; irregularity. Available lighting is normally A321 series airplanes. This proposed fax (425) 227–1149. supplemented with a direct source of good AD would require modifying the SUPPLEMENTARY INFORMATION: lighting at an intensity deemed appropriate. parking brake system to automatically Comments Invited Inspection aids such as mirror, magnifying restore the normal parking brake if the We invite you to submit any relevant lenses, etc., may be necessary. Surface parking brake pressure decreases below written data, views, or arguments cleaning and elaborate procedures may be a certain threshold. This proposed AD is regarding this proposed AD. Send your required.’’ prompted by a report of failure of the comments to an address listed under parking brake while the airplane was on Parts Installation ADDRESSES. Include ‘‘Docket No. FAA– the holding point of the runway before 2005–20874; Directorate Identifier (g) As of the effective date of this AD, no takeoff, leading to a runway departure. person may install on any airplane an aileron 2004–NM–279–AD’’ at the beginning of We are proposing this AD to ensure control cable unless it has been inspected in your comments. We specifically invite normal braking is available to prevent accordance with paragraph (f) of this AD. comments on the overall regulatory, possible runway departure in the event economic, environmental, and energy No Reporting or Parts Return Requirement of failure of the parking brake. aspects of the proposed AD. We will (h) Although the service bulletins in Table DATES: We must receive comments on consider all comments submitted by the 1 of this AD have procedures for submitting this proposed AD by May 6, 2005. closing date and may amend the a report showing compliance with the ADDRESSES: Use one of the following proposed AD in light of those applicable service bulletin and for returning addresses to submit comments on this comments. any discrepant parts to the manufacturer, this proposed AD. We will post all comments we AD does not include those requirements. • DOT Docket Web site: Go to receive, without change, to http:// Alternative Methods of Compliance http://dms.dot.gov and follow the dms.dot.gov, including any personal (AMOCs) instructions for sending your comments information you provide. We will also (i) The Manager, Wichita Aircraft electronically. post a report summarizing each Certification Office (ACO), FAA, has the • Government-wide rulemaking Web substantive verbal contact with FAA authority to approve AMOCs for this AD, if site: Go to http://www.regulations.gov personnel concerning this proposed AD. requested in accordance with the procedures and follow the instructions for sending Using the search function of our docket found in 14 CFR 39.19. your comments electronically. website, anyone can find and read the

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comments in any of our dockets, placards) to automatically restore the the Administrator finds necessary for including the name of the individual normal parking brake if the parking safety in air commerce. This regulation who sent the comment (or signed the brake pressure decreases below a certain is within the scope of that authority comment on behalf of an association, threshold. The service bulletin also because it addresses an unsafe condition business, labor union, etc.). You can describes procedures for performing that is likely to exist or develop on review the DOT’s complete Privacy Act operational tests after accomplishing the products identified in this rulemaking Statement in the Federal Register modification. Accomplishing the action. published on April 11, 2000 (65 FR actions specified in the service Regulatory Findings 19477–78), or you can visit http:// information is intended to adequately dms.dot.gov. address the unsafe condition. The We have determined that this Examining the Docket DGAC mandated the service information proposed AD would not have federalism and issued French airworthiness implications under Executive Order You can examine the AD docket on directive F–2004–137, dated November 13132. This proposed AD would not the Internet at http://dms.dot.gov, or in 10, 2004, to ensure the continued have a substantial direct effect on the person at the Docket Management airworthiness of these airplanes in States, on the relationship between the Facility office between 9 a.m. and 5 France. national Government and the States, or p.m., Monday through Friday, except on the distribution of power and Federal holidays. The Docket FAA’s Determination and Requirements of the Proposed AD responsibilities among the various Management Facility office (telephone levels of government. (800) 647–5227) is located on the plaza These airplane models are For the reasons discussed above, I level of the Nassif Building at the DOT manufactured in France and are type certify that the proposed regulation: street address stated in the ADDRESSES certificated for operation in the United section. Comments will be available in States under the provisions of § 21.29 of 1. Is not a ‘‘significant regulatory the AD docket shortly after the DMS the Federal Aviation Regulations (14 action’’ under Executive Order 12866; receives them. CFR 21.29) and the applicable bilateral 2. Is not a ‘‘significant rule’’ under the DOT Regulatory Policies and Procedures Discussion airworthiness agreement. Pursuant to this bilateral airworthiness agreement, (44 FR 11034, February 26, 1979); and ´ ´ The Direction Generale de l’Aviation the DGAC has kept the FAA informed 3. Will not have a significant Civile (DGAC), which is the of the situation described above. We economic impact, positive or negative, airworthiness authority for France, have examined the DGAC’s findings, on a substantial number of small entities notified us that an unsafe condition may evaluated all pertinent information, and under the criteria of the Regulatory exist on certain Airbus Model A319, determined that we need to issue an AD Flexibility Act. A320, and A321 series airplanes. The for products of this type design that are We prepared a regulatory evaluation DGAC advises that one operator certificated for operation in the United reported failure of the parking brake of the estimated costs to comply with States. this proposed AD. See the ADDRESSES while the airplane was on the holding Therefore, we are proposing this AD, point of the runway before takeoff, section for a location to examine the which would require accomplishing the regulatory evaluation. leading to a runway departure. The actions specified in the service flight crew tried to stop the airplane information described previously. List of Subjects in 14 CFR Part 39 with the brake pedals, but were unsuccessful. Additional reports were Costs of Compliance Air transportation, Aircraft, Aviation received from other operators of This proposed AD would affect about safety, Safety. incidents of braking difficulty after the 357 airplanes of U.S. registry. The The Proposed Amendment parking brake was selected. Analysis proposed modification would take about showed that the airplane is designed so 23 work hours per airplane, at an Accordingly, under the authority that normal braking is inhibited when average labor rate of $65 per work hour. delegated to me by the Administrator, the parking brake is selected. In the case Required parts would cost about $5,600 the FAA proposes to amend 14 CFR part of parking brake loss, a flight crew per airplane. Based on these figures, the 39 as follows: operations manual (FCOM) procedure estimated cost of the proposed PART 39—AIRWORTHINESS recommends immediately releasing the modification for U.S. operators is DIRECTIVES parking brake handle to restore braking $2,532,915, or $7,095 per airplane. through the pedals; however, excess Authority for This Rulemaking 1. The authority citation for part 39 pilot workload can preclude using that continues to read as follows: procedure. When the parking brake Title 49 of the United States Code lever is selected to the ON position, the specifies the FAA’s authority to issue Authority: 49 U.S.C. 106(g), 40113, 44701. parking brake selector valve sends a rules on aviation safety. Subtitle I, § 39.13 [Amended] signal to the braking and steering Section 106, describes the authority of control unit, which inhibits the normal the FAA Administrator. Subtitle VII, 2. The FAA amends § 39.13 by adding braking system. These conditions, if not Aviation Programs, describes in more the following new airworthiness corrected, could result in possible detail the scope of the Agency’s directive (AD): runway departure in the event of failure authority. Airbus: Docket No. FAA–2005–20874; of the parking brake. We are issuing this rulemaking under Directorate Identifier 2004–NM–279–AD. the authority described in Subtitle VII, Comments Due Date Relevant Service Information Part A, Subpart III, Section 44701, Airbus has issued Service Bulletin ‘‘General requirements.’’ Under that (a) The Federal Aviation Administration must receive comments on this AD action by A320–32–1201, Revision 01, dated May section, Congress charges the FAA with May 6, 2005. 29, 2002. The service bulletin describes promoting safe flight of civil aircraft in procedures for modifying the parking air commerce by prescribing regulations Affected ADs brake system (including installing for practices, methods, and procedures (b) None.

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Applicability require repetitively replacing and ADDRESSES. Include ‘‘Docket No. FAA– (c) This AD applies to Airbus Model A319, testing a certain relay of the passenger 2005–20873; Directorate Identifier A320, and A321 series airplanes; certificated oxygen release system in the forward 2005–NM–026–AD’’ in the subject line in any category; except those modified in cabin. This proposed AD is prompted by of your comments. We specifically production by Airbus Modification 30062. reports of a failed relay of the passenger invite comments on the overall Unsafe Condition oxygen release system. We are regulatory, economic, environmental, (d) This AD was prompted by a report of proposing this AD to prevent failure of and energy aspects of the proposed AD. failure of the parking brake while the the relay, which could result in the We will consider all comments airplane was on the holding point of the oxygen masks failing to deploy and submitted by the closing date and may runway before takeoff, leading to a runway deliver oxygen to the passengers in the amend the proposed AD in light of those departure. We are issuing this AD to ensure event of a rapid decompression or cabin comments. normal braking is available to prevent depressurization. We will post all comments we possible runway departure in the event of DATES: receive, without change, to http:// failure of the parking brake. We must receive comments on this proposed AD by May 23, 2005. dms.dot.gov, including any personal information you provide. We will also Compliance ADDRESSES: Use one of the following post a report summarizing each (e) You are responsible for having the addresses to submit comments on this substantive verbal contact with FAA actions required by this AD performed within proposed AD. personnel concerning this proposed AD. the compliance times specified, unless the • DOT Docket Web site: Go to actions have already been done. Using the search function of that Web http://dms.dot.gov and follow the site, anyone can find and read the Modification instructions for sending your comments comments in any of our dockets, electronically. (f) Within 52 months after the effective including the name of the individual date of this AD: Modify the parking brake • Government-wide rulemaking Web system by accomplishing all the actions site: Go to http://www.regulations.gov who sent the comment (or signed the specified in the Accomplishment and follow the instructions for sending comment on behalf of an association, Instructions of Airbus Service Bulletin A320– your comments electronically. business, labor union, etc.). You can 32–1201, Revision 01, dated May 29, 2002. • Mail: Docket Management Facility, review DOT’s complete Privacy Act Statement in the Federal Register Alternative Methods of Compliance U.S. Department of Transportation, 400 (AMOCs) Seventh Street SW., Nassif Building, published on April 11, 2000 (65 FR 19477–78), or you can visit http:// (g) The Manager, International Branch, room PL–401, Washington, DC 20590. Transport Airplane Directorate, FAA, has the • By fax: (202) 493–2251. dms.dot.gov. authority to approve AMOCs for this AD, if • Hand Delivery: Room PL–401 on Examining the Docket requested in accordance with the procedures the plaza level of the Nassif Building, You can examine the AD docket on found in 14 CFR 39.19. 400 Seventh Street, SW., Washington, the Internet at http://dms.dot.gov, or in DC, between 9 a.m. and 5 p.m., Monday Related Information person at the Docket Management through Friday, except Federal holidays. (h) French airworthiness directive F–2004– Facility office between 9 a.m. and 5 For service information identified in 137, dated November 10, 2004, also p.m., Monday through Friday, except this proposed AD, contact Boeing addresses the subject of this AD. Federal holidays. The Docket Commercial Airplanes, Long Beach Issued in Renton, Washington, on March Management Facility office (telephone Division, 3855 Lakewood Boulevard, 29, 2005. (800) 647–5227) is located on the plaza Long Beach, California 90846, Kalene C. Yanamura, level of the Nassif Building at the DOT Attention: Data and Service Acting Manager, Transport Airplane street address stated in the ADDRESSES Management, Dept. C1–L5A (D800– Directorate, Aircraft Certification Service. section. Comments will be available in 0024). [FR Doc. 05–6766 Filed 4–5–05; 8:45 am] You can examine the contents of this the AD docket shortly after the DMS BILLING CODE 4910–13–P AD docket on the Internet at http:// receives them. dms.dot.gov, or in person at the Docket Discussion Management Facility, U.S. Department DEPARTMENT OF TRANSPORTATION We have received two reports of Transportation, 400 Seventh Street, indicating the detection of a failed relay Federal Aviation Administration SW., room PL–401, on the plaza level of of the passenger oxygen release system the Nassif Building, Washington, DC. on certain McDonnell Douglas Model 14 CFR Part 39 This docket number is FAA–2005– 717–200 airplanes. The failures were 20873; the directorate identifier for this detected after a popped circuit breaker [Docket No. FAA–2005–20873; Directorate docket is 2005–NM–026–AD. Identifier 2005–NM–026–AD] on the electrical power center was FOR FURTHER INFORMATION CONTACT: found during inspection. Investigation RIN 2120–AA64 Albert Lam, Aerospace Engineer, Cabin revealed that the failures were caused Safety and Environmental Systems by an out-of-phase power transfer Airworthiness Directives; McDonnell Branch, ANM–150L, FAA, Los Angeles between two 115-volt alternating Douglas Model 717–200 Airplanes Aircraft Certification Office, 3960 current power sources. This condition, AGENCY: Federal Aviation Paramount Boulevard, Lakewood, if not corrected, could result in the Administration (FAA), Department of California 90712–4137; telephone (562) oxygen masks failing to deploy and Transportation (DOT). 627–5346; fax (562) 627–5210. deliver oxygen to the passengers in the ACTION: Notice of proposed rulemaking SUPPLEMENTARY INFORMATION: event of a rapid decompression or cabin (NPRM). Comments Invited depressurization. SUMMARY: The FAA proposes to adopt a We invite you to submit any relevant Relevant Service Information new airworthiness directive (AD) for written data, views, or arguments We have reviewed Boeing Alert certain McDonnell Douglas Model 717– regarding this proposed AD. Send your Service Bulletin 717–35A0003, dated 200 airplanes. This proposed AD would comments to an address listed under November 19, 2004. The service bulletin

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describes procedures for repetitively Regulatory Findings system. We are issuing this AD to prevent replacing a certain relay of the failure of the relay, which could result in the We have determined that this oxygen masks failing to deploy and deliver passenger oxygen release system in the proposed AD would not have federalism forward cabin with a new relay, and oxygen to the passengers in the event of a implications under Executive Order rapid decompression or cabin repetitive operational tests of that relay. 13132. This proposed AD would not depressurization. The subject relay, item number R2– have a substantial direct effect on the Compliance 5152, is located in the aft electrical States, on the relationship between the power center at station Y=160.000. national Government and the States, or (e) You are responsible for having the on the distribution of power and actions required by this AD performed within FAA’s Determination and Requirements the compliance times specified, unless the of the Proposed AD responsibilities among the various actions have already been done. levels of government. We have evaluated all pertinent For the reasons discussed above, I Repetitive Replacement and Test information and identified an unsafe certify that the proposed regulation: (f) Replace the relay of the passenger condition that is likely to exist or 1. Is not a ‘‘significant regulatory oxygen release system in the forward cabin develop on other airplanes of this same action’’ under Executive Order 12866; with a new relay and test for proper type design. Therefore, we are 2. Is not a ‘‘significant rule’’ under the operation by doing all the actions as proposing this AD, which would require DOT Regulatory Policies and Procedures specified in Boeing Alert Service Bulletin accomplishing the actions specified in (44 FR 11034, February 26, 1979); and 717–35A0003, dated November 19, 2004; at the service information described 3. Will not have a significant the applicable time specified in paragraph previously. economic impact, positive or negative, (f)(1) or (f)(2) of this AD. Repeat the actions on a substantial number of small entities at intervals not to exceed 3,100 flight cycles. Interim Action (1) For Group 1 airplanes, as identified in under the criteria of the Regulatory the service bulletin: Within 6 months after We consider this proposed AD Flexibility Act. interim action. The manufacturer is the effective date of this AD. We prepared a regulatory evaluation (2) For Group 2 airplanes, as identified in currently developing a modification that of the estimated costs to comply with the service bulletin: Before the accumulation will address the unsafe condition this proposed AD. See the ADDRESSES of 3,100 total flight cycles or within 6 months identified in this AD. Once this section for a location to examine the after the effective date of this AD, whichever modification is developed, approved, regulatory evaluation. is later. and available, we may consider List of Subjects in 14 CFR Part 39 Alternative Methods of Compliance additional rulemaking. (AMOCs) Air transportation, Aircraft, Aviation Costs of Compliance (g) The Manager, Los Angeles Aircraft safety, Safety. There are about 122 airplanes of the Certification Office, FAA, has the authority to affected design in the worldwide fleet. The Proposed Amendment approve AMOCs for this AD, if requested in accordance with the procedures found in 14 This proposed AD would affect about 92 Accordingly, under the authority CFR 39.19. airplanes of U.S. registry. The proposed delegated to me by the Administrator, replacement and test would take about the FAA proposes to amend 14 CFR part Issued in Renton, Washington, on March 30, 2005. 2 work hours per airplane, at an average 39 as follows: labor rate of $65 per work hour. Kalene C. Yanamura, Required parts would be free of charge. PART 39—AIRWORTHINESS Acting Manager, Transport Airplane Based on these figures, the estimated DIRECTIVES Directorate, Aircraft Certification Service. [FR Doc. 05–6765 Filed 4–5–05; 8:45 am] cost of the proposed replacement and 1. The authority citation for part 39 test for U.S. operators is $11,960, or continues to read as follows: BILLING CODE 4910–13–M $130 per airplane, per cycle. Authority: 49 U.S.C. 106(g), 401113, 44701. Authority for This Rulemaking DEPARTMENT OF TRANSPORTATION § 39.13 [Amended] Title 49 of the United States Code 2. The FAA amends § 39.13 by adding specifies the FAA’s authority to issue Federal Aviation Administration the following new airworthiness rules on aviation safety. Subtitle I, directive (AD): Section 106, describes the authority of 14 CFR Part 39 the FAA Administrator, Subtitle VII, McDonnell Douglas: Docket No. FAA–2005– [Docket No. FAA–2005–20860; Directorate Aviation Programs, describes in more 20873; Directorate Identifier 2005–NM– Identifier 2005–NM–043–AD] 026–AD. detail the scope of the Agency’s authority. Comments Due Date RIN 2120–AA64 We are issuing this rulemaking under (a) The Federal Aviation Administrator Airworthiness Directives; Bombardier the authority described in Subtitle VII, (FAA) must receive comments on this AD Model DHC–8–400, –401, and –402 action by May 23, 2005. Part A, Subpart III, Section 44701, Airplanes ‘‘General requirements.’’ Under that Affected ADs section, Congress charges the FAA with AGENCY: (b) None. Federal Aviation promoting safe flight of civil aircraft in Administration (FAA), Department of air commerce by prescribing regulations Applicability Transportation (DOT). for practices, methods, and procedures (c) This AD applies to McDonnell Douglas ACTION: Notice of proposed rulemaking the Administrator finds necessary for Model 717–200 airplanes, certificated in any (NPRM). safety in air commerce. This regulation category; as identified in Boeing Alert is within the scope of that authority Service bulletin 717–35A0003, dated SUMMARY: The FAA proposes to adopt a because it addresses an unsafe condition November 19, 2004. new airworthiness directive (AD) for that is likely to exist or develop on Unsafe Condition certain Bombardier Model DHC–8–400, products identified in this rulemaking (d) This AD was prompted by reports of a –401, and –402 airplanes. This proposed action. failed reply of the passenger oxygen release AD would require revising the

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Airworthiness Limitation section of the FOR FURTHER INFORMATION CONTACT: fatigue failures were discovered at the Instructions for Continued George Duckett, Aerospace Engineer, engine isolator bracket and at the orifice Airworthiness of the Dash 8 400 Series Airframe and Propulsion Branch, ANE– support tube, upper bearing, and piston (Bombardier) Maintenance 171, FAA, New York Aircraft plug in the shock strut assembly of the Requirements Manual to reduce the life Certification Office, 1600 Stewart main landing gear (MLG), which are limits of the main landing gear (MLG) Avenue, suite 410, Westbury, New York principal structural elements. The orifice support tube, upper bearing, and 11590; telephone (516) 228–7325; fax development of cracks in these piston plug; and to reduce the threshold (516) 794–5531. principal structural elements, if not for initiating repetitive detailed SUPPLEMENTARY INFORMATION: prevented, could reduce the structural inspections for cracking of the engine integrity of the engine installation and Comments Invited isolator brackets. This proposed AD is MLG. Reduced structural integrity of the prompted by the discovery of fatigue We invite you to submit any relevant engine installation could result in failures, during type certification fatigue written data, views, or arguments separation of the engine from the testing, at the engine isolator bracket regarding this proposed AD. Send your airplane, and reduced structural and at the orifice support tube, upper comments to an address listed under integrity of the MLG could result in bearing, and piston plug in the shock ADDRESSES. Include ‘‘Docket No. FAA– collapse of the MLG. 2005–20860; Directorate Identifier strut assembly of the MLG, which are Relevant Service Information principal structural elements. We are 2005–NM–043–AD’’ at the beginning of proposing this AD to prevent the your comments. We specifically invite Bombardier has issued the following development of cracks in these comments on the overall regulatory, temporary revisions (TRs) to the Dash 8 principal structural elements, which economic, environmental, and energy Series 400 (Bombardier) Maintenance aspects of the proposed AD. We will Requirements Manual, PSM 1–84–7: could reduce the structural integrity of • the engine installation and the MLG. consider all comments submitted by the Dash 8 Series 400 (Bombardier) TR closing date and may amend the ALI–28, dated December 11, 2003; and Reduced structural integrity of the • engine installation could result in proposed AD in light of those Dash 8 Series 400 (Bombardier) TR separation of the engine from the comments. ALI–37, dated March 30, 2004 TR ALI–28 describes procedures for airplane, and reduced structural We will post all comments we reducing the life limits of the MLG integrity of the MLG could result in receive, without change, to http:// orifice support tube having part number collapse of the MLG. dms.dot.gov, including any personal information you provide. We will also (P/N) 46117–1, upper bearing having P/ DATES: We must receive comments on post a report summarizing each N 46114–1, and piston plug having P/ this proposed AD by May 6, 2005. substantive verbal contact with FAA N 46137–1. TR ALI–37 describes ADDRESSES: Use one of the following personnel concerning this proposed AD. procedures for incorporating certain addresses to submit comments on this Using the search function of our docket structural inspection tasks to reduce the proposed AD. website, anyone can find and read the threshold for initiating repetitive • DOT Docket Web site: Go to comments in any of our dockets, detailed inspections for cracking of the http://dms.dot.gov and follow the including the name of the individual engine isolator brackets. The TCAA instructions for sending your comments who sent the comment (or signed the mandated the TRs and issued Canadian electronically. comment on behalf of an association, airworthiness directive CF–2004–19, • Government-wide rulemaking Web business, labor union, etc.). You can dated September 21, 2004, to ensure the site: Go to http://www.regulations.gov review the DOT’s complete Privacy Act continued airworthiness of these and follow the instructions for sending Statement in the Federal Register airplanes in Canada. your comments electronically. published on April 11, 2000 (65 FR FAA’s Determination and Requirements • Mail: Docket Management Facility, 19477–78), or you can visit http:// of the Proposed AD dms.dot.gov. U.S. Department of Transportation, 400 These airplane models are Seventh Street SW., Nassif Building, Examining the Docket manufactured in Canada and are type room PL–401, Washington, DC 20590. • You can examine the AD docket on certificated for operation in the United By fax: (202) 493–2251. States under the provisions of section • the Internet at http://dms.dot.gov, or in Hand Delivery: Room PL–401 on person at the Docket Management 21.29 of the Federal Aviation the plaza level of the Nassif Building, Facility office between 9 a.m. and 5 Regulations (14 CFR 21.29) and the 400 Seventh Street SW., Washington, p.m., Monday through Friday, except applicable bilateral airworthiness DC, between 9 a.m. and 5 p.m., Monday Federal holidays. The Docket agreement. Pursuant to this bilateral through Friday, except Federal holidays. Management Facility office (telephone airworthiness agreement, the TCAA has For service information identified in (800) 647–5227) is located on the plaza kept the FAA informed of the situation this proposed AD, contact Bombardier, level of the Nassif Building at the DOT described above. We have examined the Inc., Bombardier Regional Aircraft street address stated in the ADDRESSES TCAA’s findings, evaluated all pertinent Division, 123 Garratt Boulevard, section. Comments will be available in information, and determined that we Downsview, Ontario M3K 1Y5, Canada. the AD docket shortly after the DMS need to issue an AD for products of this You can examine the contents of this receives them. type design that are certificated for AD docket on the Internet at http:// operation in the United States. dms.dot.gov, or in person at the Docket Discussion Therefore, we are proposing this AD, Management Facility, U.S. Department Transport Canada Civil Aviation which would require revising the of Transportation, 400 Seventh Street, (TCCA), which is the airworthiness Airworthiness Limitation section of the SW., room PL–401, on the plaza level of authority for Canada, notified us that an Instructions for Continued the Nassif Building, Washington, DC. unsafe condition may exist on certain Airworthiness of the Dash 8 Series 400 This docket number is FAA–2005– Bombardier Model DHC–8–400, –401, (Bombardier) Maintenance 20860; the directorate identifier for this and –402 airplanes. TCAA advises that, Requirements Manual, PSM 1–84–7, to docket is 2005–NM–043–AD. during type certification fatigue testing, reduce the life limits of the MLG orifice

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support tube, upper bearing, and piston 3. Will not have a significant isolator bracket and at the orifice support plug; and to reduce the threshold for economic impact, positive or negative, tube, upper bearing, and piston plug in the initiating repetitive detailed inspections on a substantial number of small entities shock strut assembly of the main landing gear for cracking of the engine isolator under the criteria of the Regulatory (MLG), which are principal structural brackets. This AD would require Flexibility Act. elements. We are issuing this AD to prevent accomplishing the actions specified in We prepared a regulatory evaluation the development of cracks in these principal the TRs described previously. of the estimated costs to comply with structural elements, which could reduce the this proposed AD. See the ADDRESSES structural integrity of the engine installation Interim Action section for a location to examine the and MLG. Reduced structural integrity of the This is considered to be interim regulatory evaluation. engine installation could result in separation action until final action is identified, at of the engine from the airplane, and reduced which time the FAA may consider List of Subjects in 14 CFR Part 39 structural integrity of the MLG could result further rulemaking. Air transportation, Aircraft, Aviation in collapse of the MLG. safety, Safety. Costs of Compliance Compliance The Proposed Amendment (e) You are responsible for having the There are about 93 airplanes of the Accordingly, under the authority actions required by this AD performed within affected design in the worldwide fleet. the compliance times specified, unless the delegated to me by the Administrator, This proposed AD would affect about 21 actions have already been done. airplanes of U.S. registry. The proposed the FAA proposes to amend 14 CFR part actions would take about 1 work hour 39 as follows: Revisions to Airworthiness Limitation per airplane, at an average labor rate of (AWL) Section $65 per work hour. Based on these PART 39—AIRWORTHINESS (f) Within 30 days after the effective date figures, the estimated cost of the DIRECTIVES of this AD, revise the AWL section of the proposed AD for U.S. operators is 1. The authority citation for part 39 Instructions for Continued Airworthiness of $1,365, or $65 per airplane. continues to read as follows: the Dash 8 Series 400 (Bombardier) Maintenance Requirements Manual, PSM 1– Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. 84–7, by doing the actions specified in Title 49 of the United States Code § 39.13 [Amended] paragraphs (f)(1) and (f)(2) of this AD. (1) Reduce the life limits of the MLG orifice specifies the FAA’s authority to issue 2. The FAA amends § 39.13 by adding rules on aviation safety. Subtitle I, support tube having part number (P/N) the following new airworthiness 46117–1, upper bearing having P/N 46114–1, Section 106, describes the authority of directive (AD): the FAA Administrator. Subtitle VII, and piston plug having P/N 46137–1, by Aviation Programs, describes in more Bombardier, Inc. (Formerly de Havilland, inserting a copy of the Dash 8 Series 400 detail the scope of the Agency’s Inc.): Docket No. FAA–2005–20860; (Bombardier) Temporary Revision ALI–28, Directorate Identifier 2005–NM–043–AD. authority. dated December 11, 2003, into the AWL We are issuing this rulemaking under Comments Due Date section. Thereafter, except as provided in paragraph (g) of this AD, no alternative life the authority described in Subtitle VII, (a) The Federal Aviation Administration limits may be approved for the MLG orifice Part A, Subpart III, Section 44701, must receive comments on this AD action by support tube, upper bearing, or piston plug. May 6, 2005. ‘‘General requirements.’’ Under that (2) Incorporate structural inspection tasks section, Congress charges the FAA with Affected ADs 712001F102 and 712003F102 to reduce the promoting safe flight of civil aircraft in (b) None. threshold for initiating repetitive detailed air commerce by prescribing regulations inspections for cracking of the engine isolator for practices, methods, and procedures Applicability brackets by inserting a copy of the Dash 8 the Administrator finds necessary for (c) This AD applies to Bombardier Model Series 400 (Bombardier) Temporary Revision safety in air commerce. This regulation DHC–8–400, –401, and –402 airplanes; ALI–37, dated March 30, 2004, into the AWL is within the scope of that authority certificated in any category; serial numbers section. Thereafter, except as provided in because it addresses an unsafe condition 4001 and 4003 through 4094 inclusive. paragraph (g) of this AD, no alternative that is likely to exist or develop on Note 1: This AD requires revision to a structural inspection threshold may be products identified in this rulemaking certain operator maintenance document to approved. action. include a new replacement time. Compliance with this replacement time is required by 14 Alternative Methods of Compliance Regulatory Findings CFR 91.403(c). For airplanes that have been (AMOCs) We have determined that this previously modified, altered, or repaired in (g) The Manager, New York Aircraft the areas addressed by this replacement time, proposed AD would not have federalism Certification Office, FAA, has the authority to the operator may not be able to accomplish approve AMOCs for this AD, if requested in implications under Executive Order the replacement described in the revision. In 13132. This proposed AD would not accordance with the procedures found in 14 this situation, to comply with 14 CFR CFR 39.19. have a substantial direct effect on the 91.403(c), the operator must request approval States, on the relationship between the for an alternative method of compliance Related Information national Government and the States, or according to paragraph (g) of this AD. The (h) Canadian airworthiness directive CF– request should include a description of on the distribution of power and 2004–19, dated September 21, 2004, also changes to the required replacement time responsibilities among the various addresses the subject of this AD. levels of government. that will ensure the continued damage tolerance of the affected structure. The FAA Issued in Renton, Washington, on March For the reasons discussed above, I has provided guidance for this determination 30, 2005. certify that the proposed regulation: in Advisory Circular (AC) 25–1529. 1. Is not a ‘‘significant regulatory Kalene C. Yanamura, action’’ under Executive Order 12866; Unsafe Condition Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. 2. Is not a ‘‘significant rule’’ under the (d) This AD was prompted by the DOT Regulatory Policies and Procedures discovery of fatigue failures, during type [FR Doc. 05–6764 Filed 4–5–05; 8:45 am] (44 FR 11034, February 26, 1979); and certification fatigue testing, at the engine BILLING CODE 4910–13–P

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DEPARTMENT OF TRANSPORTATION dms.dot.gov, or in person at the Docket Discussion Management Facility, U.S. Department Luftfahrt-Bundesamt (LBA), which is Federal Aviation Administration of Transportation, 400 Seventh Street the airworthiness authority for SW., room PL–401, on the plaza level of Germany, notified us that an unsafe 14 CFR Part 39 the Nassif Building, Washington, DC. condition may exist on certain Dornier [Docket No. FAA–2005–20866; Directorate This docket number is FAA–2005– Model 328–100 and –300 series Identifier 2004–NM–258–AD] 20866; the directorate identifier for this airplanes. The LBA advises that, during docket is 2004–NM–258–AD. RIN 2120–AA64 maintenance, an operator detected FOR FURTHER INFORMATION CONTACT: Dan leakage at one of the drain lines in the Airworthiness Directives; Dornier Rodina, Aerospace Engineer, fuselage. Investigation revealed that Model 328–100 and –300 Series International Branch, ANM–116, FAA, blockages within the drain line caused Airplanes Transport Airplane Directorate, 1601 the leakage. The blockages allowed Lind Avenue, SW., Renton, Washington fluids to collect, which froze and AGENCY: Federal Aviation 98055–4056; telephone (425) 227–2125; expanded, and damaged the drain line. Administration (FAA), Department of fax (425) 227–1149. A damaged drain line allows fuel to leak Transportation (DOT). SUPPLEMENTARY INFORMATION: into the cabin and fuel vapors to come ACTION: Notice of proposed rulemaking into contact with ignition sources, (NPRM). Comments Invited which could result in consequent fire in the cabin. SUMMARY: The FAA proposes to adopt a We invite you to submit any relevant new airworthiness directive (AD) for written data, views, or arguments Relevant Service Information certain Dornier Model 328–100 and regarding this proposed AD. Send your Dornier has issued Service Bulletins –300 series airplanes. This proposed AD comments to an address listed under SB–328–53–462, Revision 1, dated July would require a pressure test and ADDRESSES. Include ‘‘Docket No. FAA– 15, 2004 (for Model 328–100 series detailed inspection of each fuselage 2005–20866; Directorate Identifier airplanes); and SB–328J–53–214, drain line to determine if there is a 2004–NM–258–AD’’ at the beginning of Revision 1, dated July 15, 2004 (for blockage, and related investigative/ your comments. We specifically invite Model 328–300 series airplanes). The corrective actions if necessary. This comments on the overall regulatory, service bulletins describe procedures for proposed AD is prompted by a report of economic, environmental, and energy performing a pressure test and detailed leakage at one of the drain lines in the aspects of the proposed AD. We will inspection of each fuselage drain line to fuselage. We are proposing this AD to consider all comments submitted by the determine if there is a blockage, and prevent blockage within the drain lines, closing date and may amend the related investigative/corrective actions. causing fluids to collect. These fluids proposed AD in light of those The service bulletins specify that, if a may freeze and expand, damaging the comments. drain line fails the initial pressure test, drain lines, and allowing fuel to leak We will post all comments we the detailed inspection must be done into the cabin and fuel vapors to come receive, without change, to http:// before further flight; otherwise, the into contact with ignition sources, dms.dot.gov, including any personal inspection may be delayed until the which could result in consequent fire in information you provide. We will also next C-check. If a drain line fails the the cabin. post a report summarizing each initial detailed inspection, the DATES: We must receive comments on substantive verbal contact with FAA corrective actions include repairing that this proposed AD by May 6, 2005. personnel concerning this proposed AD. drain line or replacing it with a new ADDRESSES: Use one of the following Using the search function of our docket drain line, and repeating the pressure addresses to submit comments on this Web site, anyone can find and read the test. Accomplishing the actions proposed AD. comments in any of our dockets, specified in the service information is • DOT Docket Web site: Go to including the name of the individual intended to adequately address the http://dms.dot.gov and follow the who sent the comment (or signed the unsafe condition. The LBA mandated instructions for sending your comments comment on behalf of an association, the service information and issued electronically. business, labor union, etc.). You can German airworthiness directives D– • Government-wide rulemaking Web review the DOT’s complete Privacy Act 2004–448 and D–2004–449, both site: Go to http://www.regulations.gov Statement in the Federal Register effective October 14, 2004, to ensure the and follow the instructions for sending published on April 11, 2000 (65 FR continued airworthiness of these your comments electronically. 19477–78), or you can visit http:// airplanes in Germany. • Mail: Docket Management Facility, dms.dot.gov. FAA’s Determination and Requirements U.S. Department of Transportation, 400 Examining the Docket of the Proposed AD Seventh Street SW., Nassif Building, room PL–401, Washington, DC 20590. You can examine the AD docket on These airplane models are • By fax: (202) 493–2251. the Internet at http://dms.dot.gov, or in manufactured in Germany and are type • Hand Delivery: Room PL–401 on person at the Docket Management certificated for operation in the United the plaza level of the Nassif Building, Facility office between 9 a.m. and 5 States under the provisions of section 400 Seventh Street SW., Washington, p.m., Monday through Friday, except 21.29 of the Federal Aviation DC, between 9 a.m. and 5 p.m., Monday Federal holidays. The Docket Regulations (14 CFR 21.29) and the through Friday, except Federal holidays. Management Facility office (telephone applicable bilateral airworthiness For service information identified in (800) 647–5227) is located on the plaza agreement. Pursuant to this bilateral this proposed AD, contact AvCraft level of the Nassif Building at the DOT airworthiness agreement, the LBA has Aerospace GmbH, P.O. Box 1103, D– street address stated in the ADDRESSES kept the FAA informed of the situation 82230 Wessling, Germany. section. Comments will be available in described above. We have examined the You can examine the contents of this the AD docket shortly after the DMS LBA’s findings, evaluated all pertinent AD docket on the Internet at http:// receives them. information, and determined that we

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need to issue an AD for products of this compliance time for accomplishing the time necessary to perform the type design that are certificated for detailed inspection is ‘‘not later than the inspection. In light of all of these operation in the United States. next planned C-check.’’ Since C-check factors, we find a compliance time of 24 Therefore, we are proposing this AD, schedules vary among operators, such a months for completing the required which would require accomplishing the nonspecific compliance time would actions to be warranted, in that it actions specified in the service provide no assurance that operators represents an appropriate interval of information described previously. would do this inspection before safe time for affected airplanes to continue to flight is compromised. This proposed operate without compromising safety. Clarification of Compliance Time for AD would require accomplishment of Detailed Inspection that inspection within 24 months after Costs of Compliance Operators should note that the service the effective date of this AD. In bulletins specify that the detailed developing an appropriate compliance We estimate that this AD affects about inspection of the drain lines for time for this AD, we considered not 53 Model 328–100 series airplanes and blockages can be done immediately after only the manufacturer’s 57 Model 328–300 series airplanes of the initial pressure test, or at a later recommendation, but the degree of U.S. registry. The following table time, but not later than ‘‘the next urgency associated with addressing the provides the estimated costs for U.S. scheduled C-check.’’ The German subject unsafe condition, the average operators to comply with this proposed airworthiness directives specify that the utilization of the affected fleet, and the AD.

ESTIMATED COSTS

Average Number of Cost per U.S. Action Work hours labor rate Parts airplane -registered Fleet cost per hour airplanes

Pressure test ...... 2 $65 None ...... $130 110 $14,300 Detailed inspection ...... 5 65 None ...... 325 110 35,750

Authority for This Rulemaking 1. Is not a ‘‘significant regulatory 2005–20866; Directorate Identifier 2004– action’’ under Executive Order 12866; NM–258–AD. Title 49 of the United States Code 2. Is not a ‘‘significant rule’’ under the Comments Due Date specifies the FAA’s authority to issue DOT Regulatory Policies and Procedures rules on aviation safety. Subtitle I, (a) The Federal Aviation Administration (44 FR 11034, February 26, 1979); and section 106, describes the authority of must receive comments on this AD action by May 6, 2005. the FAA Administrator. Subtitle VII, 3. Will not have a significant Aviation Programs, describes in more economic impact, positive or negative, Affected ADs on a substantial number of small entities detail the scope of the Agency’s (b) None. authority. under the criteria of the Regulatory Flexibility Act. Applicability We are issuing this rulemaking under We prepared a regulatory evaluation (c) This AD applies to Dornier Model 328– the authority described in subtitle VII, of the estimated costs to comply with 100 series airplanes without option 033F003 part A, subpart III, section 44701, this proposed AD. See the ADDRESSES ‘‘Extended Range’’ installed, and Dornier ‘‘General requirements.’’ Under that Model 328–300 series airplanes having serial section for a location to examine the numbers 3005 through 3119 inclusive, section, Congress charges the FAA with regulatory evaluation. promoting safe flight of civil aircraft in certificated in any category. air commerce by prescribing regulations List of Subjects in 14 CFR Part 39 Unsafe Condition for practices, methods, and procedures Air transportation, Aircraft, Aviation (d) This AD was prompted by a report of the Administrator finds necessary for safety, Safety. leakage at one of the drain lines in the safety in air commerce. This regulation fuselage. We are issuing this AD to prevent is within the scope of that authority The Proposed Amendment blockage within the drain lines, causing because it addresses an unsafe condition fluids to collect. These fluids may freeze and Accordingly, under the authority that is likely to exist or develop on expand, damaging the drain lines, and delegated to me by the Administrator, products identified in this rulemaking allowing fuel to leak into the cabin and fuel the FAA proposes to amend 14 CFR part vapors to come into contact with ignition action. 39 as follows: sources, which could result in consequent Regulatory Findings fire in the cabin. PART 39—AIRWORTHINESS Compliance We have determined that this DIRECTIVES proposed AD would not have federalism (e) You are responsible for having the implications under Executive Order 1. The authority citation for part 39 actions required by this AD performed within continues to read as follows: the compliance times specified, unless the 13132. This proposed AD would not actions have already been done. have a substantial direct effect on the Authority: 49 U.S.C. 106(g), 40113, 44701. States, on the relationship between the Initial Pressure Test National Government and the States, or § 39.13 [Amended] (f) Within 4 months after the effective date on the distribution of power and 2. The FAA amends § 39.13 by adding of this AD: Perform an initial pressure test responsibilities among the various the following new airworthiness and any applicable related investigative and levels of government. corrective actions in accordance with the directive (AD): Accomplishment Instructions of Dornier For the reasons discussed above, I Fairchild Dornier GMBH (Formerly Dornier Service Bulletin SB–328–53–462, Revision 1, certify that the proposed regulation: Luftfahrt GmbH): Docket No. FAA– dated July 15, 2004 (for Model 328–100 series

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airplanes); or SB–328J–53–214, Revision 1, propellers with serial numbers (SNs) comments to an address listed under dated July 15, 2004 (for Model 328–300 series below 95000, which have not been ADDRESSES. Include ‘‘Docket No. FAA– airplanes); as applicable. Do any applicable overhauled since April 1994. This 2005–20856; Directorate Identifier related investigative or corrective action proposed AD would require you to 2004–NE–25–AD’’ in the subject line of before further flight. perform initial and repetitive visual your comments. We specifically invite Detailed Inspection inspections of those propeller blades. comments on the overall regulatory, (g) After doing the pressure test required by Further, this proposed AD would economic, environmental, and energy paragraph (f) of this AD, but not later than require you to remove all propeller aspects of the proposed AD. We will 24 months after the effective date of this AD: blades from service with damaged consider all comments received by the Perform a detailed inspection and related erosion sheath bonding or loose erosion closing date and may amend the investigative and corrective actions, in sheaths and to install any missing or proposed AD in light of those accordance with Part 2 of the damaged polyurethane protective strips. comments. Accomplishment Instructions of Dornier This proposed AD results from reports We will post all comments we Service Bulletin SB–328–53–462, Revision 1, receive, without change, to http:// dated July 15, 2004; or SB–328J–53–214, of stainless steel leading edge erosion Revision 1, dated July 15, 2004; as sheaths separating from propeller blades dms.dot.gov, including any personal applicable. and reports of propeller blades missing information you provide. We will also Note 1: For the purposes of this AD, a or without polyurethane protective post a report summarizing each detailed inspection is: ‘‘An intensive strips due to insufficient inspection substantive verbal contact with FAA examination of a specific item, installation, procedures in older MT-Propeller personnel concerning this proposed AD. or assembly to detect damage, failure, or Entwicklung GmbH Operation & Using the search function of the DMS irregularity. Available lighting is normally Installation Manuals. We are proposing Web site, anyone can find and read the supplemented with a direct source of good this AD to prevent erosion sheath comments in any of our dockets, lighting at an intensity deemed appropriate. separation leading to damage of the including the name of the individual Inspection aids such as mirror, magnifying airplane. who sent the comment (or signed the lenses, etc., may be necessary. Surface comment on behalf of an association, cleaning and elaborate procedures may be DATES: We must receive any comments business, labor union, etc.). You may required.’’ on this proposed AD by June 6, 2005. review the DOT’s complete Privacy Act Alternative Methods of Compliance ADDRESSES: Use one of the following Statement in the Federal Register (AMOCs) addresses to comment on this proposed published on April 11, 2000 (65 FR AD. (h) The Manager, International Branch, • 19477–78) or you may visit http:// ANM–116, Transport Airplane Directorate, DOT Docket Web site: Go to dms.dot.gov. FAA, has the authority to approve AMOCs http://dms.dot.gov and follow the for this AD, if requested in accordance with instructions for sending your comments Examining the AD Docket the procedures found in 14 CFR 39.19. electronically. You may examine the docket that • Government-wide rulemaking Web Related Information contains the proposal, any comments site: Go to http://www.regulations.gov received, and any final disposition in (i) German airworthiness directives D– and follow the instructions for sending person at the DMS Docket Offices 2004–448 and D–2004–449, effective October your comments electronically. 14, 2004, also address the subject of this AD. • between 9 a.m. and 5 p.m., Monday Mail: Docket Management Facility; through Friday, except Federal holidays. Issued in Renton, Washington, on March U.S. Department of Transportation, 400 The Docket Office (telephone (800) 647– 30, 2005. Seventh Street, SW., Nassif Building, 5227) is on the plaza level of the Kalene C. Yanamura, Room PL–401, Washington, DC 20590– Department of Transportation Nassif Acting Manager, Transport Airplane 0001. Building at the street address stated in Directorate, Aircraft Certification Service. • Fax: (202) 493–2251. ADDRESSES. Comments will be available • Hand Delivery: Room PL–401 on [FR Doc. 05–6761 Filed 4–5–05; 8:45 am] in the AD docket shortly after the DMS the plaza level of the Nassif Building, BILLING CODE 4910–13–P receives them. 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday Discussion DEPARTMENT OF TRANSPORTATION through Friday, except Federal holidays. The Luftfahrt-Bundesamt (LBA), Contact MT-Propeller USA, Inc., 1180 which is the aviation authority for Federal Aviation Administration Airport Terminal Drive, Deland, FL Germany, notified us that an unsafe 32724; telephone (386) 736–7762, fax condition may exist on certain MT- 14 CFR Part 39 (386) 736–7696 or visit http://www.mt- Propeller Entwicklung GmbH variable [Docket No. FAA–2005–20856; Directorate propeller.com for the service pitch and fixed pitch propellers. The Identifier 2004–NE–25–AD] information identified in this proposed LBA advises of reports of stainless steel AD. leading edge erosion sheaths separating RIN 2120–AA64 FOR FURTHER INFORMATION CONTACT: from propeller blades and reports of Airworthiness Directives; MT-Propeller Frank Walsh, Aerospace Engineer, propeller blades with damaged or Entwicklung GmbH Propellers Boston Aircraft Certification Office, missing polyurethane protective strips FAA, Engine and Propeller Directorate, (PU-protection tape) due to insufficient AGENCY: Federal Aviation 12 New England Executive Park, inspection procedures in older MT- Administration (FAA), DOT. Burlington, MA 01803–5299; telephone Propeller Entwicklung GmbH Operation ACTION: Notice of proposed rulemaking (781) 238–7158, fax (781) 238–7170. & Installation Manuals. SUPPLEMENTARY INFORMATION: (NPRM). Relevant Service Information SUMMARY: The FAA proposes to adopt a Comments Invited We have reviewed and approved the new airworthiness directive (AD) for We invite you to submit any written technical contents of MT-Propeller certain MT-Propeller Entwicklung relevant data, views, or arguments Service Bulletin (SB) No. 8A, dated July GmbH variable pitch and fixed pitch regarding this proposal. Send your 4, 2003, which describes the visual

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inspections, removals, and installations rules on aviation safety. Subtitle I, § 39.13 [Amended] proposed by this AD. The LBA Section 106, describes the authority of 2. The FAA amends § 39.13 by adding classified this SB as mandatory and the FAA Administrator. Subtitle VII, the following new airworthiness issued airworthiness directive 1994– Aviation Programs, describes in more directive (AD): 098–2, dated September 24, 2003, in detail the scope of the Agency’s order to ensure the airworthiness of authority. MT-Propeller Entwicklung GmbH: Docket these MT-Propeller Entwicklung GmbH We are issuing this rulemaking under No. FAA–2005–20856; Directorate propellers in Germany. the authority described in Subtitle VII, Identifier 2004–NE–25–AD. Part A, Subpart III, Section 44701, FAA’s Determination and Requirements Comments Due Date ‘‘General requirements.’’ Under that of the Proposed AD section, Congress charges the FAA with (a) The Federal Aviation Administration These propeller models, promoting safe flight of civil aircraft in (FAA) must receive comments on this AD manufactured in Germany, are type- air commerce by prescribing regulations action by June 6, 2005. certificated for operation in the United for practices, methods, and procedures Affected ADs States under the provisions of section the Administrator finds necessary for (b) None. 21.29 of the Federal Aviation safety in air commerce. This regulation Regulations (14 CFR 21.29) and the is within the scope of that authority Applicability applicable bilateral airworthiness because it addresses an unsafe condition (c) This AD applies to MT–Propeller agreement. In keeping with this bilateral that is likely to exist or develop on Entwicklung GmbH, models MT, MTV–1, airworthiness agreement, the LBA kept products identified in this rulemaking MTV–2, MTV–3, MTV–5, MTV–6, MTV–7, us informed of the situation described action. MTV–9, MTV–10, MTV–11, MTV–12, MTV– above. We have examined the LBA’s 14, MTV–15, MTV–17, MTV–18, MTV–20, Regulatory Findings findings, reviewed all available MTV–21, MTV–22, MTV–24, and MTV–25 information, and determined that AD We have determined that this propellers with serial numbers (SNs) below action is necessary for products of this proposed AD would not have federalism 95000, which have not been overhauled since type design that are certificated for implications under Executive Order April 1994. These propellers may be installed operation in the United States. We are 13132. This proposed AD would not on but not limited to, Sukhoi SU–26, SU–29, proposing this AD, which would require have a substantial direct effect on the SU–31; Yakovlev YAK–52, YAK–54, YAK– you to: States, on the relationship between the 55; and Technoavia SM–92 airplanes. • Visually inspect certain MT- national Government and the States, or Unsafe Condition Propeller Entwicklung GmbH variable on the distribution of power and pitch and fixed pitch propellers with responsibilities among the various (d) This AD results from reports of SNs below 95000. stainless steel leading edge erosion sheaths • levels of government. Remove from service, certain MT- For the reasons discussed above, I separating from propeller blades and reports Propeller Entwicklung GmbH variable certify that the proposed regulation: of propeller blades with damaged or missing pitch and fixed pitch propellers with 1. Is not a ‘‘significant regulatory polyurethane protective strips (PU-protection SNs below 95000 if the propeller blades action’’ under Executive Order 12866; tape) due to insufficient inspection have damaged erosion sheath bonding 2. Is not a ‘‘significant rule’’ under the procedures in older MT-Propeller or loose erosion sheaths. DOT Regulatory Policies and Procedures Entwicklung GmbH Operation & Installation • Install polyurethane protective (44 FR 11034, February 26, 1979); and Manuals. We are issuing this AD to prevent strips onto propeller blades that are 3. Would not have a significant erosion sheath separation leading to damage missing these strips or have damaged economic impact, positive or negative, of the airplane. strips. on a substantial number of small entities Compliance Costs of Compliance under the criteria of the Regulatory Flexibility Act. (e) You are responsible for having the We estimate that 103 of these MT- We prepared a summary of the costs actions required by this AD performed within Propeller Entwicklung GmbH variable to comply with this proposal and placed the compliance times specified unless the pitch and fixed pitch propellers it in the AD Docket. You may get a copy actions have already been done. installed on aircraft of U.S. registry of this summary at the address listed Note 1: Information about inspection would be affected by this proposed AD. under ADDRESSES. procedures and acceptable limits can be We also estimate that it would take found in Table 1 of this AD. about 2 work hours to inspect and List of Subjects in 14 CFR Part 39 install the polyurethane protective strip Air transportation, Aircraft, Aviation Initial Visual Inspection of the Propeller Blade of each affected propeller and 4 work safety, Safety. hours to remove each affected propeller, (f) During the next preflight inspection or and that the average labor rate is $65 per The Proposed Amendment 100-hour inspection, whichever occurs first, work hour. Required parts to inspect Under the authority delegated to me after the effective date of this AD, inspect all and install the polyurethane protective by the Administrator, the Federal MT and MTV propellers listed in paragraph strip of each affected propeller would Aviation Administration proposes to (c) of this AD, by doing the following: cost about $20. Based on these figures, amend 14 CFR part 39 as follows: (1) Determine if the erosion sheath of any we estimate the total cost of the propeller blade is cracked or loose; and proposed AD to U.S. operators to be PART 39—AIRWORTHINESS (2) Determine if any propeller blade has $15,780. DIRECTIVES other damage out of acceptable limits. (3) Before the next flight, remove from Authority for This Rulemaking 1. The authority citation for part 39 service those propeller blades with a cracked Title 49 of the United States Code continues to read as follows: or loose erosion sheath, or other damage specifies the FAA’s authority to issue Authority: 49 U.S.C. 106(g), 40113, 44701. affecting airworthiness.

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TABLE 1.—SERVICE INFORMATION

For propeller model . . . See operation and installation manual . . .

(1) MT ...... No. E–112, issued Nov. 1993 or later. (2) MTV–1, MTV–7, MTV–10, MTV–17, MTV–18, MTV–20 ...... No. E–118, issued March 1994 or later. (3) MTV–5, MTV–6, MTV–9, MTV–11, MTV–12, MTV–14, MTV–15, No. MTV–21, No. E–124, issued March 1994 or later. MTV–22, MTV–25. (4) MTV–2, MTV–3 ...... No. E–148, issued March 1994 or later. (5) MTV–24 ...... No. E–309, issued March 1994 or later.

Initial Visual Inspection of the Propeller DEPARTMENT OF TRANSPORTATION Seventh Street, SW., Nassif Building, Blade Polyurethane Strip Room PL–401, Washington, DC 20590– (g) During the next pilot’s preflight Federal Aviation Administration 0001. inspection after the effective date of this AD, • Fax: (202) 493–2251. if the polyurethane protective strip on the 14 CFR Part 39 • Hand Delivery: Room PL–401 on leading edge of the inner portion of the blade [Docket No. FAA–2005–20847; Directorate the plaza level of the Nassif Building, is found to be damaged or missing, the Identifier 2004–NE–35–AD] 400 Seventh Street, SW., Washington, polyurethane protective strip must be DC, between 9 a.m. and 5 p.m., Monday replaced or installed within 10-flight hours. RIN 2120–AA64 through Friday, except Federal holidays. If electrical de-icing boots are installed, no Contact Goodrich De-icing and polyurethane protective strips are required. Airworthiness Directives; Goodrich De- Specialty Systems, 219 Stringtown icing and Specialty Systems Repetitive Visual Inspection of the Propeller Road, Union, West Virginia 24983, Blade ‘‘FASTprop’’ Propeller De-icers telephone (330) 374–3743, for the (h) If after the effective date of this AD, any AGENCY: Federal Aviation service information referenced in this propeller blade erosion sheath found to be Administration (FAA), DOT. proposed AD. cracked or loose during the pilot’s preflight ACTION: Notice of proposed rulemaking You may examine the comments on inspection, or 100-hour inspection, or annual (NPRM). this proposed AD in the AD docket on inspection, must be repaired, replaced, or the Internet at http://dms.dot.gov. overhauled before the next flight. SUMMARY: The FAA proposes to adopt a FOR FURTHER INFORMATION CONTACT: Repetitive Visual Inspection of the Propeller new airworthiness directive (AD) for Melissa T. Bradley, Aerospace Engineer, Blade Polyurethane Strip Goodrich De-icing and Specialty Chicago Aircraft Certification Office, Systems ‘‘FASTprop’’ propeller de-icers, (i) If after the effective date of this AD, any FAA, 2300 East Devon Avenue, Des propeller blade polyurethane protective strip part numbers P4E1188 series, P4E1601 Plaines, IL 60018–4696; telephone (847) found to be damaged or missing during the series, P4E2200 series, P4E2271–10, 294–8110; fax (847) 294–7834. pilot’s preflight inspection, or 100-hour P4E2575–7, P4E2575–10, P4E2598–10, SUPPLEMENTARY INFORMATION: inspection, or annual inspection, must be P5855BSW, P6199SW, P6592SW, replaced or installed within 10-flight hours. P6662SW, and P6975–11, installed. This Comments Invited If electrical de-icing boots are installed, proposed AD would require inspection, We invite you to send us any written polyurethane protective strips are not repair, or replacement of those relevant data, views, or arguments required. ‘‘FASTprop’’ propeller de-icers that fail regarding this proposal. Send your Overhaul of Blades visual checks before the first flight each comments to an address listed under day. This proposed AD results from ADDRESSES. Include ‘‘Docket No. FAA– (j) Overhaul all affected blades by reports of Goodrich ‘‘FASTprop’’ December 31, 2005. 2005–20847; Directorate Identifier propeller de-icers becoming loose or 2004–NE–35–AD’’ in the subject line of Alternative Methods of Compliance debonded, and detaching from propeller your comments. We specifically invite (k) The Manager, Boston Aircraft blades during operation. We are comments on the overall regulatory, Certification Office, has the authority to proposing this AD to prevent Goodrich economic, environmental, and energy approve alternative methods of compliance ‘‘FASTprop’’ propeller de-icers from aspects of the proposed AD. We will for this AD if requested using the procedures detaching from the propeller blade, consider all comments received by the found in 14 CFR 39.19. resulting in damage to the airplane and closing date and may amend the Special Flight Permits possible injury to the passengers and proposed AD in light of those crewmembers. (l) Special flight permits are prohibited. comments. DATES: We must receive any comments We will post all comments we Related Information on this proposed AD by May 6, 2005. receive, without change, to http:// (m) MT-Propeller Entwicklung GmbH, ADDRESSES: Use one of the following dms.dot.gov, including any personal Service Bulletin No. 8A, dated July 4, 2003, addresses to comment on this proposed information you provide. We will also pertains to the subject of this AD. LBA post a report summarizing each airworthiness directive 1994–098/2, dated AD. • DOT Docket Web site: Go to substantive verbal contact with FAA September 24, 2003, also addresses the personnel concerning this proposed AD. subject of this AD. http://dms.dot.gov and follow the instructions for sending your comments Using the search function of the DMS Issued in Burlington, Massachusetts, on electronically. Web site, anyone can find and read the March 29, 2005. • Government-wide rulemaking Web comments in any of our dockets, Diane Cook, site: Go to http://www.regulations.gov including the name of the individual Acting Manager, Engine and Propeller and follow the instructions for sending who sent the comment (or signed the Directorate, Aircraft Certification Service. your comments electronically. comment on behalf of an association, [FR Doc. 05–6777 Filed 4–5–05; 8:45 am] • Mail: Docket Management Facility; business, labor union, etc.). You may BILLING CODE 4910–13–P U.S. Department of Transportation, 400 review the DOT’s complete Privacy Act

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Statement in the Federal Register Interim Action responsibilities among the various published on April 11, 2000 (65 FR These actions are interim actions and levels of government. 19477–78) or you may visit http:// we may take further rulemaking actions For the reasons discussed above, I dms.dot.gov. in the future. certify that the proposed regulation: Examining the AD Docket 1. Is not a ‘‘significant regulatory Costs of Compliance action’’ under Executive Order 12866; You may examine the docket that 2. Is not a ‘‘significant rule’’ under the contains the proposal, any comments We estimate that 3,400 Goodrich propeller de-icers are installed on DOT Regulatory Policies and Procedures received and, any final disposition in (44 FR 11034, February 26, 1979); and person at the DMS Docket Offices airplanes of U.S. registry and would be affected by this proposed AD. We also 3. Would not have a significant between 9 a.m. and 5 p.m., Monday economic impact, positive or negative, through Friday, except Federal holidays. estimate that it would take about 2 minutes per propeller blade to perform on a substantial number of small entities The Docket Office (telephone (800) 647– under the criteria of the Regulatory 5227) is located on the plaza level of the the proposed preflight visual check, about 5 minutes per propeller blade to Flexibility Act. Department of Transportation Nassif We prepared a summary of the costs Building at the street address stated in perform the proposed inspection of de- icers that fail the visual check, and to comply with this proposal and placed ADDRESSES. Comments will be available about 0.5 work hour to replace a it in the AD Docket. You may get a copy in the AD docket shortly after the DMS of this summary at the address listed receives them. propeller de-icer. The average labor rate is $65 per work hour. Required parts under ADDRESSES. Discussion would cost about $110.00 per List of Subjects in 14 CFR Part 39 In September of 2004, we became replacement propeller de-icer. The Air transportation, Aircraft, Aviation aware of reports of about 200 Goodrich manufacturer has advised us that safety, Safety. De-icing and Specialty Systems replacement de-icers will be provided at ‘‘FASTprop’’ propeller de-icers found no cost to the operators. Based on these The Proposed Amendment figures, we estimate the total cost of the debonded, loose, or detached from Under the authority delegated to me propeller blades during operation. The proposed AD to U.S. operators to be $510,240. by the Administrator, the Federal manufacturer is still investigating to Aviation Administration proposes to determine the exact cause of this Authority for This Rulemaking amend 14 CFR part 39 as follows: potential unsafe condition. This Title 49 of the United States Code condition, if not corrected, could result PART 39—AIRWORTHINESS specifies the FAA’s authority to issue in propeller de-icers detaching from DIRECTIVES propeller blades, resulting in damage to rules on aviation safety. Subtitle I, the airplane and possible injury to the section 106, describes the authority of 1. The authority citation for part 39 passengers and crewmembers. the FAA Administrator. Subtitle VII, continues to read as follows: Aviation Programs, describes in more Authority: 49 U.S.C. 106(g), 40113, 44701. Relevant Service Information detail the scope of the Agency’s We have reviewed and approved the authority. § 39.13 [Amended] technical contents of Goodrich De-icing We are issuing this rulemaking under 2. The FAA amends § 39.13 by adding and Specialty Systems Alert Service the authority described in subtitle VII, the following new airworthiness Bulletin No. 30–60–00–1, dated part A, subpart III, section 44701, directive: ‘‘General requirements.’’ Under that November 15, 2004, that describes Goodrich De-icing and Specialty Systems: procedures for visual checks of section, Congress charges the FAA with Docket No. FAA–2005–20847; ‘‘FASTprop’’ propeller de-icers before promoting safe flight of civil aircraft in Directorate Identifier 2004–NE–35–AD. the first flight each day, and inspection, air commerce by prescribing regulations repair, or replacement of those propeller for practices, methods, and procedures Comments Due Date de-icers if necessary. the Administrator finds necessary for (a) The Federal Aviation Administration safety in air commerce. This regulation (FAA) must receive comments on this FAA’s Determination and Requirements is within the scope of that authority airworthiness directive (AD) action by May 6, of the Proposed AD because it addresses an unsafe condition 2005. We have evaluated all pertinent that is likely to exist or develop on Affected ADs information and identified an unsafe products identified in this rulemaking (b) None. condition that is likely to exist or action. develop on other products of this same Applicability type design. We are proposing this AD, Regulatory Findings (c) This AD applies to Goodrich De-icing which would require inspection, repair, We have determined that this and Specialty Systems ‘‘FASTprop’’ or replacement before further flight, of proposed AD would not have federalism propeller de-icers, part numbers (P/Ns) Goodrich ‘‘FASTprop’’ propeller de- implications under Executive Order P4E1188 series, P4E1601 series, P4E2200 series, P4E2271–10, P4E2575–7, P4E2575–10, icers if they fail the visual check before 13132. This proposed AD would not P4E2598–10, P5855BSW, P6199SW, the first flight each day. The proposed have a substantial direct effect on the P6592SW, P6662SW, and P6975–11, AD would require you to use the service States, on the relationship between the installed. These propeller de-icers are information described previously to national Government and the States, or installed on, but not limited to, the airplanes perform these actions. on the distribution of power and listed in Table 1 of this AD.

TABLE 1.—GOODRICH ‘‘FASTPROP’’ PROPELLER DE-ICERS

De-icer P/N: Installed on, but not limited to:

P4E1188–2 ...... Metal propellers operated up to 2,900 rpm on:

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TABLE 1.—GOODRICH ‘‘FAST PROP’’ PROPELLER DE-ICERS—Continued

De-icer P/N: Installed on, but not limited to:

Cessna 210E, 210F, 210G, 210H, 210J, 210K, 210L, T210F, T210G, T210H, T210J, T210K, and T210L. With Supplemental Type Certificate (STC) SA1–502 on Raytheon (Beech) D18C, D18S, E18S, G18S, H18, C45G, C45H, TC45G, and TC45H. P4E1188–3 ...... Metal propellers operated up to 2,900 rpm on: Raytheon (Beech) D18C, D18S, E18S, E18S–9700, G18S, H18, C–45G, C–45H, C–45J, TC–45G. TC– 45H, TC–45J (SNB–5), and JRB–6. With STC SA1–503 on Raytheon (Beech), E50, F50, G50, H50, J50, and 65. With STC SA15EA on Raytheon (Beech) E50, F50, G50, H50, J50, 65, and 65–80. Raytheon (Beech) 55, B55, D55, D55A, E55, 95–C55, 95–C55A, 58, 95–55, 95–A55, 95–B55, 56TC, 60, 65, 65–80, 65–90, 65–A90, B90, C90, 99, 99A, A99, A99A, 100, and A100. With STC SA1–506 on Cessna 310. With McCauley props on Cessna 310, 320, 340, 401, 402, 411, 414, and 421. With STC SA2424WE on Cessna 402. With STC SA132EA on Twin Commander (Gulfstream) 560A, 560E, 680, 680E, and 720. With STC SA179EA on Twin Commander (Gulfstream) 560F, 680FL, 680FL(P), and 680–F. With STC SA1–520 on Twin Commander (Gulfstream) 560A, 560E 680, 680E, and 720. On the following models equipped with 90-amp generator: Twin Commander (Gulfstream) 500B, 500S, and 500U. With STC SA1–607 on Twin Commander (Gulfstream) 500A. With STC SA2478SW on Twin Commander (Gulfstream) 500. With STC SA2891WE or STC SA2691WE on Twin Commander (Gulfstream) 680F, 680FP, and 680FL(P). Twin Commander (Gulfstream) 680V, 680T, 680W, and 681. Mitsubishi Heavy Industries MU–2 series. With STC SA195EA on Piper PA–23–250, E23–250 (serial number (SN) 27–2505 up). Piper PA–31 (SN 31–5 up), PA–31–300 (SN 31–5 up), PA–31–325 (SN 31–5 up), and PA–31–350 (SN 31–5001 up). P4E1188–4 ...... Metal propellers operated up to 2,900 rpm on: B–N Group Ltd. (Britten Norman) BN–2, BN–2A, and BN–2A Mark III series, Vulcanair (Partenavia) P–68, Piper Aerostar 600, 601, and 601P. On the following models equipped with 3-blade props: Short Brothers SC7 series 3, M7 Aerospace (Fairchild) SA26–T, SA26–AT, SA226–T, SA226–AT, and SA226–TC. The following models equipped with 70-amp alternators and Hartzell HC–A3XK props: Twin Commander (Gulfstream) 500B, 500S, and 500U. The following models equipped with 70-amp alternator and Hartzell HC–C3YR–2 props: Twin Commander (Gulfstream) 500S and 500U. The following model with 70- or 100-amp alternators and Hartzell HC–C3YR–R props: Twin Commander (Gulfstream) 500S (SN 3115 up). With STC SA2478SW on model Twin Commander (Gulfstream) 500. With STC SA2691WE or SA2891WE on the following models: Twin Commander (Gulfstream) 680F, 680FL, and 680FLP. P4E1188–5 ...... Metal propellers operated up to 2,900 rpm on: With Hartzell HC–B3TN–3 props on Raytheon (Beech) D18C, D18S, E18S, E18S–9700, G18S, H18, C45G, C45H, TC45G, TC45H, C45J, TC45J (SN B–5), JRB–6, 99, 99A, A99, A99A, 99B, B99, 100, A100, A100A, A100C, and B100. With Hartzell HC–B3TN–3 props on Raytheon (Beech) 65–90, 65–A90, 65–A90–1, 65–A90–2, 65–A90–3, 65–A90–4, B90, C90, E90, and H90. With Hartzell HC–B3TN–3 props on Bombardier (deHavilland) DHC–6–300, Aircraft Industries 101 Arava, Mitsubishi Heavy Industries MU–2B–10, –15, –20, –25, –26, –30, –35, –36, MU–2 Series, Pilatus PC–6, Piper PA–31T (SN 31T–7400002 up), and PA31T1. With STC SA2293SW on (Scotland) Jetstream 137 Mark I. AeroSpace Technologies of Australia (Government Aircraft Factories) N22B. Short Brothers SC7 series 3 equipped with 4-blade props. P4E1188–6 ...... Metal propellers operated up to 2,900 rpm on: With Hartzell HC–B3TN–5() props on Cessna 425 and 441. Embraer EMB–110P1 and 110P2. Short Brothers SC7 series 3 equipped with 3-blade props. M7 Aerospace (Fairchild) SA226–T, SA226–AT, and SA226–TC. P4E1188–7 ...... Metal propellers operated up to 2,900 rpm on: Mitsubishi Heavy Industries MU–2B, MU–2B–26A, MU–2B–36A, MU–2B–40, and MU–2B–60. P4E1601–3 ...... Metal propellers operated up to 2,900 rpm on: Piper PA31 (SN 5 up), PA31–300 (SN 5 up), PA31–325 (SN 5 up), PA31P (SN 31P–3 up), and PA31–350 (SN 31–5001 up). P4E1601–4 ...... Metal propellers operated up to 2,900 rpm on: Raytheon (Beech) 65–88. P4E1601–5 ...... Metal propellers operated up to 2,900 rpm on: Casa C212CB. Twin Commander (Gulfstream) 690 and 690A. P4E1601–7 ...... Metal propellers operated up to 2,900 rpm on: Raytheon (Beech) B55, E55, 56TC, 58P, and 60. With STC SA2369SW on Nord 262A.

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TABLE 1.—GOODRICH ‘‘FAST PROP’’ PROPELLER DE-ICERS—Continued

De-icer P/N: Installed on, but not limited to:

The following models equipped with 70- or 100-amp alternator and Hartzell HC–C3YR–2 props: Twin Com- mander (Gulfstream) 500S (SN 3115 up) and Twin Commander (Gulfstream) 685. Short Brothers SD3–30. P4E1601–10 ...... Metal propellers operated up to 2,900 rpm on: Raytheon (Beech) B55, E55, 56TC, 58P, and 60. Twin Commander (Gulfstream) 690C and 695. M7 Aerospace (Fairchild) SA–226–TB, SA227–AC, SA227–TT, and SA227–AT. P4E2200–2 ...... Metal propellers operated up to 2,900 rpm on: With STC SA00719LA on Raytheon (Beech) A36. With STC SA00718LA on Raytheon (Beech) B36TC. Raytheon (Beech) V35 equipped with 2- or 3-blade McCauley props. P4E2200–3 ...... Metal propellers operated up to 2,900 rpm on: Raytheon (Beech) E50, F50, G50, H50, and J50. Cessna E310J, T310P, 310, 310E, 310J, 310K, 310L, 310N, 320, 320D, 320F, 40, 402A, 402B, 411, 411A, 414, 421, 421A, and 421B. Piper PA23–250. P4E2200–4 ...... Metal propellers operated up to 2,900 rpm on: B–N Group Ltd. (Britten Norman) BN–2A Mark III, BN–2, BN–2A. Piper 600, 601, 601P. P4E2200–10 ...... Metal propellers operated up to 2,900 rpm on: With Volpar Turboliner conversion on the following models: Raytheon (Beech) D18C and D18S. Raytheon (Beech) 56TC, A56TC, 65–90, 65–A90, B90, C90, E90, H90, 99, A99, 99A, B99, 99B, 100, A100, A100A, A100C, B100, and 200. Embraer EMB 110P1 and 110P2. Mitsubishi Heavy Industries MU–2B, MU–2B–10, MU–2B–15, MU–2B–20, MU–2B–25, MU–2B–30, and MU–2B–35. Pilatus PC–6. Piper PA31–350 (SN 5001 up) and PA31P (SN 31P–3 up). M7 Aerospace (Fairchild) SA26–T, SA26–AT, SA226–T, SA226TC, and SA226AT. Twin Commander (Gulfstream) 500B, 500U, 560F, 680F, 680FP, 680FL, and 680FLP. P4E2200–21 ...... Metal propellers operated up to 2,900 rpm with STC SA812NE on the following models: Raytheon (Beech) 65–90 series, B90, C90, E90, F90, H90, 99 A99 series, C99, 100, A100 series, B100, and 200. Embraer EMB110 series. M7 Aerospace (Fairchild) SA226–AT, SA226–T, and SA–226TC. Mitsubishi Heavy Industries MU–2B, MU–2B–10, MU–2B–15, MU–2B–20, MU–2B–25, MU–2B–26, MU– 2B–30, MU–2B–35, and MU–2B–36. Pilatus PC–6, PC–6B–H2, PC–6B1–H2, PC–6C–H2, PC–6C1–H2, and PC–7. Piper PA–31T, PA–31T1, PA–31T1A, PA–31T2A, PA–31T3, and PA–31T–1040. P4E2271–10 ...... Metal propellers operated up to 2,900 rpm on: B–N Group Ltd. (Britten-Norman) BN–2, BN–2A series, and BN–2A Mark III. With Volpar Turboliner conversion on the following models: Raytheon (Beech) D18C, and D18S. The following models equipped with 2- or 3-blade props: S35, V35, V35A, V35B, 35–C33A, F33A, F33C, and A36. Raytheon (Beech) E50, F50, G50, H50, J50, E55, E55A, 56TC, A56TC, 58, 58A, 60, A60, B60, 65–90, 65– A90, B90, C90, E90, H90, 95–B55, 95–B55A, 99, A99, A99A, 99A, 100, A100, A100A, A100C, B100, and 200. With STC SA00966CH on Raytheon (Beech) C90B. With STC SA3593NM on Raytheon (Beech) E90. With STC SA4131NM on Raytheon (Beech) F90. With STC SA2698NM on the following models: Raytheon (Beech) 200 and B200. pCessna 310, 310J, 310K, 310L, 310N, E310J, T310P, 320D, 320E, 320F, 340, 401A, 401B, 402A, 402B, 411, 411A, 414A, 414B, 421A, and 421B. With STC SA3532NM on Bombardier (deHavilland) DHC–6. With STC SA2369SW on Nord 262A. Mitsubishi Heavy Industries MU–2B–10, MU–2B–15, MU–2B–20, MU–2B–25, MU–2B–26A, MU–2B–30, MU–2B–35, MU–2B–36A, MU–2B–40, and MU–2B–60. Piper PA23, PA23–160, PA23–250, PA–E23–250 (SN 27–2505 UP), PA31 (SN 31–5 up), PA31–300 (SN 31–5 up), PA31–325 (SN 31–5 up), PA31–350 (SN 5001 up) PA34–200, PA34–200T, PA600, PA601, and PA601P. Pilatus PC–6. Short Brothers SD–3–30. M7 Aerospace (Fairchild) SA26–T, SA26–AT, SA226–T, SA226–AT, SA226TB, and SA226–TC. Twin Commander (Gulfstream) 500B, and 500U. P4E2575–7 ...... Metal propellers operated up to 1,700 rpm on Raytheon (Beech) 300. P4E2575–10 ...... Metal propellers operated up to 1,700 rpm on Raytheon (Beech) 300. P4E2598–10 ...... Metal propellers operated up to 1,591 rpm on: AvCraft (Dornier) 228, M7 Aerospace (Fairchild) SA227–TT (SN 421–541), SA227–AT (SN 423–549), and SA227–AC (SN 420–545). P5855BSW ...... Metal propellers on: Cessna T310Q, T310R, 340, 340A, 402B, 402C, 414, 414A, 421A, and 421B.

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TABLE 1.—GOODRICH ‘‘FAST PROP’’ PROPELLER DE-ICERS—Continued

De-icer P/N: Installed on, but not limited to:

P6199SW ...... Metal propellers operated up to 2,900 rpm on: The following models equipped with McCauley D3A34C401 or D3A34C402 props: Cessna 210L, 210M, 210N, P210N, T210L, T210M, and T210N. P6592SW ...... Metal propellers operated up to 2,900 rpm on: Various aircraft models equipped with McCauley 3AF32C504, 3AF32C505, 3AF32C506, or 3AF32C507 props. P6662SW ...... Metal propellers operated up to 2,900 rpm on: Various aircraft models equipped with McCauley 3AF32C512/G–82NEA–5. P6975–11 ...... Metal propellers operated up to 2,900 rpm on: With STC SA812EA and equipped with Hartzell HC–B3TN–3D, HC–B3TN–5C, or HC–B3TN–5M props: Air Tractor, AT–302 and AT–400. With STC SA812EA and equipped with Hartzell HC–B3TN–3C or HC–B3TN–3D props: Quality Aerospace (Ayres) S2R–T11. With STC SA2204WE and equipped with Hartzell HC–B3TN–5C props: Raytheon (Beech) D18C, D18S, E18S–9700, C45G, C45H, TC–45G, TC–45H, and TC–45J. Raytheon (Beech) T–34C equipped with Hartzell HC–B3TN–3H props. The following models equipped with Hartzell HC–B3TN–2B, HC–B3TN–3B, or HC–B3TN–3M props: Raytheon (Beech) 65–90, 65–A–90, 65–A90–1, 65–A90–2, 65–A90–3, and 65–A90–4. The following models equipped with Hartzell HC–B3TN–3B or HC–B3TN–3M props: Raytheon (Beech) B90, C90, E90, and H90. Raytheon (Beech) F90 equipped with Hartzell HC–B4TN–3A or HC–B4TN–3B props. The following models equipped with Hartzell HC–B3TN–3B props: Raytheon (Beech) 99, 99A, A99, and A99A. The following models equipped with Hartzell HC–B3TN–3B or HC–B3TN–3M props: Raytheon (Beech) C99, and 100. The following models equipped with Hartzell HC–B4TN–3 or HC–4TN–3A props: Raytheon (Beech) A100, A100A, and A100–1. Raytheon (Beech) B100 equipped with Hartzell HC–B4TN–5C or HC–B4TN–5F props. The following models equipped with Hartzell HC–B3TN–3G or HC–B3TN–3N props: Raytheon (Beech) 200, 200C, 200CT, 200T, A200, A200C, A200CT, B200, B200C, B200CT, and B200T. Raytheon (Beech) JRB–6 with STC SA1171WE equipped with Hartzell HC–B3TN–5C props. British Aerospace HP.137MK.1 with STC SA2293WE equipped with Hartzell HC–B3TN–3D props: CASA C212–100 Aviocar equipped with Hartzell HC–B4TN–5EL props. Cessna 441 equipped with Hartzell HC–B3TN–5E or HC–B3TN–5M props. Bombardier (deHavilland) DHC–2MK.III equipped with HC–B3TN–3, HC–B3TN–3B, or HC–B3TN–3BY props. Bombardier (deHavilland) DHC–6–300 equipped with Hartzell HC–B3TN–3(D)(Y) props. Embraer EMB–110P1/2 equipped with Hartzell HC–B3TN–3C or HC–B3TN–3D props. The following models equipped with Hartzell HC–B3TN–5( ) props: M7 Aerospace (Fairchild) SA226–AT, and SA226T. M7 Aerospace (Fairchild) SA226–TC equipped with Hartzell HC–B4TN–5( ) props. M7 Aerospace (Fairchild) SA226–TC with STC SA344GL equipped with Hartzell HC–B3TN–5( ) props. M7 Aerospace (Fairchild) SA226–TC with STC SA344Gl. The following models equipped with Hartzell HC–A3VF–7 or HC–3VH–7B props: AeroSpace Technologies of Australia (Government Aircraft Factories) N22B and N24A. The following models equipped with Hartzell HC–B3TN–3D props: IAI Arava 101 and 101B. The following models equipped with Hartzell HC–B3TN–3DY props: McKinnon (Grumman) G–21E and G– 21G. The following models equipped with HC–B3TN–5( ) props: Mitsubishi Heavy Industries MU–2B, and MU– 2B–10. The following models equipped with Hartzell HC–B3TN–5 props: Mitsubishi Heavy Industries MU–2B–15, MU–2B–20, MU–2B–25, MU–2B–26, MU–2B–30, MU–2B–35, and MU–2B–36. The following models equipped with Hartzell HC–B3TN–3C props: Pilatus PC–6, PC–6/B–H2, PC–6/B1– H2, PC–6/C–H2, PC–6/C1–H2. The following models equipped with Hartzell HC–B3TN–3B props: Piper PA–31T and PA31T1. The following models equipped with Hartzell HC–B3TN–3B or HC–B3TN–3K props: Piper PA42 and PA42– 720. The following model equipped with Hartzell HC–B3TN–5( ) props: Short Brothers SC–7 series 3 Variant 200. With STC SA02059AK on the following model equipped with HC–B4TN–5 props: Short Brothers SC–7 se- ries 3 Variant 200. The following models equipped with Hartzell HC–B3TN–5( ) props: Twin Commander (Gulfstream) 690, 690A, and 690B.

Unsafe Condition are issuing this AD to prevent Goodrich Compliance (d) This AD results from reports of ‘‘FASTprop’’ propeller de-icers from (e) You are responsible for having the Goodrich ‘‘FASTprop’’ propeller de-icers detaching from the propeller blade, resulting actions required by this AD performed within becoming loose or debonded, and detaching in damage to the airplane, and possible the compliance times specified unless the from propeller blades during operation. We injury to passengers and crewmembers. actions have already been done.

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Initial Visual Inspection of ‘‘FASTprop’’ DEPARTMENT OF TRANSPORTATION 400 Seventh Street, SW., Washington, Propeller De-icers DC, between 9 a.m. and 5 p.m., Monday (f) During the next preflight or 100-hour Federal Aviation Administration through Friday, except Federal holidays. inspection, whichever occurs first, after the You can get the service information effective date of this AD, visually check the 14 CFR Part 39 identified in this proposed AD from ‘‘FASTprop’’ propeller de-icers. If any [Docket No. FAA–2005–20850; Directorate Teledyne Continental Motors, Inc., PO ‘‘FASTprop’’ propeller de-icer fails the visual Identifier 2005–NE–05–AD] Box 90, Mobile, AL 36601; telephone check, then the ‘‘FASTprop’’ de-icer must be (251) 438–3411. RIN 2120–AA64 inspected, repaired, or replaced as necessary You may examine the comments on before the next flight. Use paragraph 2.A of Airworthiness Directives; Teledyne this proposed AD in the AD docket on the Accomplishment Instructions of Continental Motors GTSIO–520 Series the Internet at http://dms.dot.gov. Goodrich De-icing and Specialty Systems Reciprocating Engines FOR FURTHER INFORMATION CONTACT: Jerry Alert Service Bulletin (ASB) No. 30–60–00– Robinette, Senior Engineer, Propulsion, 1, dated November 15, 2004 to do these AGENCY: Federal Aviation Atlanta Aircraft Certification Office, actions. Administration (FAA), DOT. FAA, Small Airplane Directorate, One Repetitive Visual Inspections of ACTION: Notice of proposed rulemaking Crown Center, 1895 Phoenix Blvd., ‘‘FASTprop’’ Propeller De-icers (NPRM). Suite 450, Atlanta, GA 30349; telephone: (770) 703–6096, fax: (770) (g) If after the effective date of this AD, any SUMMARY: The FAA proposes to adopt a ‘‘FASTprop’’ propeller de-icer found to have new airworthiness directive (AD) for 703–6097. lifting, looseness, trapped air (bubbles) under Teledyne Continental Motors (TCM) SUPPLEMENTARY INFORMATION: the de-icer, debonding, or deteriorated edge GTSIO–520 series reciprocating engines. Comments Invited sealer during the pilot’s first preflight This proposed AD would require initial inspection of the day must be inspected, and repetitive visual inspections of the We invite you to send us any written repaired, or replaced as necessary before the starter adapter assembly and crankshaft relevant data, views, or arguments next flight. Use paragraph 2.A of the gear. This proposed AD would also regarding this proposal. Send your Accomplishment Instructions of Goodrich require unscheduled visual inspections comments to an address listed under De-icing and Specialty Systems Alert Service of the starter adapter assembly and ADDRESSES. Include ‘‘Docket No. FAA– Bulletin (ASB) No. 30–60–00–1, dated crankshaft gear due to a rough-running 2005–20850; Directorate Identifier November 15, 2004 to do these actions. engine. This proposed AD would also 2005–NE–05–AD’’ in the subject line of your comments. We specifically invite Alternative Methods of Compliance require replacement of the starter adapter shaft gear needle bearing with a comments on the overall regulatory, (h) The Manager, Chicago Aircraft certain bushing. Also, this proposed AD economic, environmental, and energy Certification Office, has the authority to would require installation of a certain aspects of the proposed AD. We will approve alternative methods of compliance TCM service kit at the next engine consider all comments received by the for this AD if requested using the procedures overhaul, or at the next starter adapter closing date and may amend the found in 14 CFR 39.19. replacement, whichever occurs first. proposed AD in light of those Special Flight Permits Also, this proposed AD would require comments. We will post all comments we (i) Under 14 CFR part 39.23, we are adding a certain placard to the receive, without change, to http:// limiting the special flight permits for this AD instrument panel before further flight. dms.dot.gov, including any personal by requiring that any propeller found with a This proposed AD results from six information you provide. We will also loose or debonded ‘‘FASTprop’’ de-icer must service difficulty reports and one fatal have all de-icers removed before the flight, to accident report received related to failed post a report summarizing each maintain a balanced propeller. Information starter adapter assemblies. We are substantive verbal contact with FAA on removing de-icers can be found in proposing this AD to prevent failure of personnel concerning this proposed AD. paragraph 1.K.(1) of Goodrich De-icing and the starter adapter assembly and or Using the search function of the DMS Specialty Systems ASB No. 30–60–00–1, crankshaft gear, resulting in failure of Web site, anyone can find and read the dated November 15, 2004. the engine and possible forced landing. comments in any of our dockets, DATES: We must receive any comments including the name of the individual Related Information on this proposed AD by June 6, 2005. who sent the comment (or signed the (j) None. ADDRESSES: Use one of the following comment on behalf of an association, business, labor union, etc.). You may Issued in Burlington, Massachusetts, on addresses to comment on this proposed review the DOT’s complete Privacy Act March 30, 2005. AD. • Statement in the Federal Register Diane Cook, DOT Docket Web site: Go to http://dms.dot.gov and follow the published on April 11, 2000 (65 FR Acting Manager, Engine and Propeller instructions for sending your comments 19477–78) or you may visit http:// Directorate, Aircraft Certification Service. electronically. dms.dot.gov. [FR Doc. 05–6776 Filed 4–5–05; 8:45 am] • Government-wide rulemaking Web Examining the AD Docket BILLING CODE 4910–13–P site: Go to http://www.regulations.gov and follow the instructions for sending You may examine the docket that your comments electronically. contains the proposal, any comments • Mail: Docket Management Facility; received and, any final disposition in U.S. Department of Transportation, 400 person at the DMS Docket Offices Seventh Street, SW., Nassif Building, between 9 a.m. and 5 p.m., Monday Room PL–401, Washington, DC 20590– through Friday, except Federal holidays. 001. The Docket Office (telephone (800) 647– • Fax: (202) 493–2251. 5227) is located on the plaza level of the • Hand Delivery: Room PL–401 on Department of Transportation Nassif the plaza level of the Nassif Building, Building at the street address stated in

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ADDRESSES. Comments will be available Differences Between the Proposed AD estimate that it will take about six work in the AD docket shortly after the DMS and the Manufacturer’s Service hours per engine to install TCM service receives them. Information kit, P/N EQ6642R. The average labor rate is $65 per work hour. We estimate Discussion Although TCM MSB No. MSB94–4E, dated January 24, 2005, is applicable to that about 25% (1,060) of the engines Between January 1980 and January GIO–550 and GTSIO–520 series will require an unscheduled (rough- 2001, we received one loss of airplane reciprocating engines, this proposed AD running engine) inspection. We also report and 34 service difficulty reports is only applicable to GTSIO–520 series estimate that each engine will have related to failure of the starter adapter reciprocating engines. Also, although eight 100-hour inspections per year, and assembly or crankshaft gear or both, on that MSB mandates in Part 1, that two 400-hour inspections per year. We TCM GTSIO–520 series reciprocating magnetos must be overhauled and also estimate that about 50% (2,120) of engines. On March 2, 2001, we issued periodically inspected at specified the engines will require the bushing Special Airworthiness Information times, this proposed AD does not installed and TCM service kit, P/N Bulletin (SAIB) No. NE–01–17. That mandate those actions. EQ6642R installed. Required bushings SAIB states the following: would cost about $16 per engine and FAA’s Determination and Requirements required service kits would cost about • Engine failure may occur if the of the Proposed AD $800 per engine. Based on these figures, starter adapter viscous damper becomes we estimate the total cost of the inoperative, due to overheating, or other We have evaluated all pertinent proposed AD to U.S. operators to be causes. information and identified an unsafe condition that is likely to exist or $5,518,932. • Continued operation of an engine develop on other products of this same Authority for This Rulemaking with an overheated viscous damper may type design. We are proposing this AD, lead to failure of the starter adapter which would require: Title 49 of the United States Code assembly and or crankshaft gear. • Before further flight, adding a specifies the FAA’s authority to issue • Overheating of the viscous damper placard to the instrument panel within rules on aviation safety. Subtitle I, section 106, describes the authority of may be caused by exhaust gas leakage in view of the pilot that states, in 1⁄4 inch- the nacelle area, and in particular, the high or higher characters, ‘‘In the FAA Administrator. Subtitle VII, engine accessory section of the engine accordance with AD (number to be Aviation Programs, describes in more nacelle. provided), the pilot must report a rough- detail the scope of the Agency’s • running engine that cannot be cleared authority. A rough-running engine such as one We are issuing this rulemaking under by adjustment of the engine controls; with a misfiring ignition system, will the authority described in Subtitle VII, particularly the fuel mixture setting, to cause overheating of the viscous part A, subpart III, section 44701, maintenance personnel, immediately damper. ‘‘General requirements.’’ Under that after landing.’’ • Recommendation to perform visual section, Congress charges the FAA with • Initial and repetitive visual inspections and parts replacement as promoting safe flight of civil aircraft in inspections of the starter adapter necessary, as described in TCM Critical air commerce by prescribing regulations assembly and crankshaft gear, and Service Bulletin (CSB) No. CSB94–4D. for practices, methods, and procedures replacement of components as the Administrator finds necessary for After we issued that SAIB, we necessary. safety in air commerce. This regulation received six service difficulty reports • Unscheduled visual inspections of is within the scope of that authority and one fatal accident report related to the starter adapter assembly and because it addresses an unsafe condition failed starter adapter assemblies. The crankshaft gear due to a rough-running that is likely to exist or develop on fatal accident event indicates that the engine, and replacement of components products identified in this rulemaking airplane may not have been in as necessary. compliance with TCM CSB No. CSB94– • Replacement of the starter adapter action. 4D. This condition, if not corrected, shaft gear needle bearing, P/N 537721 Regulatory Findings could result in failure of the starter with bushing, P/N 654472. We have determined that this adapter assembly and or crankshaft gear, • Installation of TCM service kit, P/N proposed AD would not have federalism resulting in failure of the engine, and EQ6642R, at next engine overhaul, or at implications under Executive Order possible forced landing. next starter adapter replacement, 13132. This proposed AD would not Relevant Service Information whichever occurs first. have a substantial direct effect on the The proposed AD would require you States, on the relationship between the We have reviewed and approved the to use the service information described national Government and the States, or technical contents of TCM Mandatory previously to perform the inspections on the distribution of power and Service Bulletin (MSB) No. MSB94–4E, and replacements. responsibilities among the various dated January 24, 2005, that describes Costs of Compliance levels of government. procedures for visual inspections of the For the reasons discussed above, I starter adapter assembly and crankshaft There are about 5,300 TCM GTSIO– certify that the proposed regulation: gear and replacement of components as 520 series reciprocating engines of the 1. Is not a ‘‘significant regulatory necessary. That MSB also describes affected design in the worldwide fleet. action’’ under Executive Order 12866; procedures for replacement of the starter We estimate that 4,240 engines installed 2. Is not a ‘‘significant rule’’ under the adapter shaft gear needle bearing with a on airplanes of U.S. registry would be DOT Regulatory Policies and Procedures bushing. That MSB also describes affected by this proposed AD. We also (44 FR 11034, February 26, 1979); and procedures for installation of TCM estimate that it would take about one 3. Would not have a significant service kit, part number (P/N) EQ6642R, work hour per engine to perform one of economic impact, positive or negative, at next engine overhaul, or next starter the proposed inspections, and about one on a substantial number of small entities adapter replacement, whichever occurs work hour per engine to perform the under the criteria of the Regulatory first. proposed bushing installation. We also Flexibility Act.

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We prepared a summary of the costs (number to be provided), the pilot must TCM MSB No. MSB94–4E, dated January 24, to comply with this proposal and placed report a rough-running engine that cannot be 2005, and replace components as necessary. it in the AD Docket. You may get a copy cleared by adjustment of the engine controls; (2) Thereafter, at 400-hour TIS intervals, of this summary at the address listed particularly the fuel mixture setting, to (plus or minus 10 hours), perform repetitive maintenance personnel, immediately after inspections and component replacements, as ADDRESSES under . landing.’’ specified in Part 3 of TCM MSB No. MSB94– 4E, dated January 24, 2005, and replace List of Subjects in 14 CFR Part 39 Starter Adapter Shaft Gear Needle Bearing components as necessary. Air transportation, Aircraft, Aviation Replacement safety, Safety. (g) If, during an inspection required by Installation of TCM Service Kit, EQ6642R paragraph (h), (i), (j), or (k) of this AD, you (l) At the next engine overhaul or starter The Proposed Amendment find needle bearing, part number (P/N) adapter replacement after the effective date of Under the authority delegated to me 537721, installed in the crankcase, replace it this AD, whichever occurs first, do the by the Administrator, the Federal with bushing, P/N 654472, before following: Aviation Administration proposes to reassembling components. Use the bushing (1) Install TCM service kit, P/N EQ6642R. installation procedure specified in Part 4 of amend 14 CFR part 39 as follows: Use the service kit installation procedures TCM Mandatory Service Bulletin (MSB) No. specified in Part 5 of TCM MSB No. MSB94– MSB94–4E, dated January 24, 2005. PART 39—AIRWORTHINESS 4E, dated January 24, 2005. DIRECTIVES Unscheduled Inspections for Rough-Running (2) Continue performing the inspections Engines and component replacements specified in paragraphs (i), (j), and (k) of this AD. 1. The authority citation for part 39 (h) For any engine that experiences rough continues to read as follows: running conditions regardless of time-in- Prohibition of Special Flight Permits for Authority: 49 U.S.C. 106(g), 40113, 44701. service (TIS), do the following: Rough-Running Engines (1) Before further flight, perform the (m) Special flight permits are prohibited § 39.13 [Amended] inspection procedures specified in Part 1 and for rough-running engines described in 2. The FAA amends § 39.13 by adding Part 3 of TCM MSB No. MSB94–4E, dated paragraph (h)(2) of this AD. January 24, 2005, and replace components as the following new airworthiness Alternative Methods of Compliance directive: necessary. (2) An engine is considered rough-running (n) The Manager, Atlanta Aircraft Teledyne Continental Motors: Docket No. if there is a sudden increase in the perceived Certification Office, has the authority to FAA–2005–20850; Directorate Identifier vibration levels that cannot be cleared by approve alternative methods of compliance 2005–NE–05–AD. adjustment of the engine controls; for this AD if requested using the procedures particularly the fuel mixture setting. found in 14 CFR 39.19. Comments Due Date Information on a rough running engine can (a) The Federal Aviation Administration be found in the aircraft manufacturer’s Related Information (FAA) must receive comments on this Airplane Flight Manual, Pilot’s Operating (o) European Aviation Safety Agency AD airworthiness directive (AD) action by June 6, Handbook, or Aircraft Owners Manual. 2004–0006, dated December 15, 2004, also 2005. 100-Hour and Annual Inspections addresses the subject of this AD. Affected ADs (i) For any engine, at the next 100-hour or Issued in Burlington, Massachusetts, on (b) None. annual inspection, whichever occurs first, do March 30, 2005. the following: Diane Cook, Applicability (1) Perform the inspection procedures Acting Manager, Engine and Propeller (c) This AD applies to Teledyne specified in Part 2 of TCM MSB No. MSB94– Directorate, Aircraft Certification Service. Continental Motors (TCM) GTSIO–520 series 4E, dated January 24, 2005, and replace [FR Doc. 05–6775 Filed 4–5–05; 8:45 am] reciprocating engines. These engines are components as necessary. installed on, but not limited to, Twin (2) Thereafter, at each 100-hour inspection, BILLING CODE 4910–13–P Commander (formerly Aero Commander) (plus or minus 10 hours), and annual model 685, Cessna model 404, 411 series, inspection, perform repetitive inspections and 421 series, British Aerospace, Aircraft and component replacements as specified in DEPARTMENT OF TRANSPORTATION Group, Scottish Division model B.206 series paragraph (h)(1) of this AD. 2 and Aeronautica Macchi, model AM–3 Federal Aviation Administration airplanes. Starter Adapters With 400 Hours or More Time-In-Service (TIS) or Unknown TIS 14 CFR Part 39 Unsafe Condition (j) For any starter adapter with 400 hours (d) This AD results from six service or more TIS or unknown TIS on the effective [Docket No. FAA–2005–20849; Directorate difficulty reports and one fatal accident date of this AD, do the following: Identifier 2005–NE–04–AD] report received related to failed starter (1) Within 25 hours TIS, perform the adapter assemblies. We are issuing this AD inspection procedures specified in Part 3 of RIN 2120–AA64 to prevent failure of the starter adapter TCM MSB No. MSB94–4E, dated January 24, assembly and or crankshaft gear, resulting in 2005, and replace components as necessary. Airworthiness Directives; Turbomeca failure of the engine and possible forced (2) Thereafter, at 400-hour TIS intervals, Artouste III Series Turboshaft Engines landing. (plus or minus 10 hours), perform repetitive inspections and component replacements as AGENCY: Federal Aviation Compliance specified in Part 3 of TCM MSB No. MSB94– Administration (FAA), DOT. (e) You are responsible for having the 4E, dated January 24, 2005, and replace ACTION: Notice of proposed rulemaking actions required by this AD performed within components as necessary. (NPRM). the compliance times specified unless the Starter Adapters With Fewer Than 400 actions have already been done. Hours TIS SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) for Aircraft Placard Installation and (k) For any starter adapter with fewer than Compliance 400 hours TIS on the effective date of this Turbomeca Artouste III series turboshaft (f) Before further flight, install a placard to AD, do the following: engines. This proposed AD would the instrument panel in 1⁄4 inch-high or (1) Upon accumulation of 400 hours TIS, require modification of the engine air higher characters, within plain view of the (plus or minus 10 hours), perform the intake assembly. This proposed AD pilot that states: ‘‘In accordance with AD inspection procedures specified in Part 3 of results from a report of an in-flight

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shutdown and subsequent loss of personnel concerning this proposed AD. provisions of section 21.29 of the control of the helicopter due to ice Using the search function of the DMS Federal Aviation Regulations (14 CFR ingestion into the engine. We are Web site, anyone can find and read the 21.29) and the applicable bilateral proposing this AD to prevent ice comments in any of our dockets, airworthiness agreement. In keeping ingestion into the engine, which could including the name of the individual with this bilateral airworthiness lead to an in-flight shutdown and who sent the comment (or signed the agreement, the DGAC kept us informed subsequent loss of control of the comment on behalf of an association, of the situation described above. We helicopter. business, labor union, etc.). You may have examined the DGAC’s findings, DATES: We must receive any comments review the DOT’s complete Privacy Act reviewed all available information, and on this proposed AD by June 6, 2005. Statement in the Federal Register determined that AD action is necessary published on April 11, 2000 (65 FR for products of this type design that are ADDRESSES: Use one of the following 19477–78) or you may visit http:// certificated for operation in the United addresses to comment on this proposed dms.dot.gov. States. For this reason, we are proposing AD. this AD, which would require adding • DOT Docket Web site: Go to Examining the AD Docket two additional water drain holes to the http://dms.dot.gov and follow the You may examine the docket that instructions for sending your comments engine air intake assembly. The contains the proposal, any comments proposed AD would require you to use electronically. received, and any final disposition in • Government-wide rulemaking Web the service information described person at the DMS Docket Offices previously to perform these actions. site: Go to http://www.regulations.gov between 9 a.m. and 5 p.m., Monday and follow the instructions for sending through Friday, except Federal holidays. Costs of Compliance your comments electronically. The Docket Office (telephone (800) 647– • Mail: Docket Management Facility; There are about 1,062 engines of the 5227) is on the plaza level of the U.S. Department of Transportation, 400 affected design in the worldwide fleet. Department of Transportation Nassif Seventh Street, SW., Nassif Building, We estimate that this proposed AD Building at the street address stated in Room PL–401, Washington, DC 20590– would affect 59 engines installed on ADDRESSES. Comments will be available 0001. helicopters of U.S. registry. We also • Fax: (202) 493–2251. in the AD docket shortly after the DMS estimate that it would take about two • Hand Delivery: Room PL–401 on receives them. work hours per engine to perform the the plaza level of the Nassif Building, Discussion proposed actions, and that the average labor rate is $65 per work hour. Based 400 Seventh Street, SW., Washington, The Direction Generale de L’Aviation DC, between 9 a.m. and 5 p.m., Monday on these figures, we estimate the total Civile (DGAC), which is the cost of the proposed AD to U.S. through Friday, except Federal holidays. airworthiness authority for France, Contact Turbomeca, 40220 Tarnos, operators to be $7,670. notified the FAA that an unsafe France; telephone +33 05 59 74 40 00, condition may exist on Turbomeca Authority for This Rulemaking fax +33 05 59 74 45 15, for the service Artouste III B, B1, and D turboshaft information identified in this proposed Title 49 of the United States Code engines. The DGAC advises that an AD. specifies the FAA’s authority to issue Artouste III B1 turboshaft engine rules on aviation safety. Subtitle I, FOR FURTHER INFORMATION CONTACT: installed in an Aerospatiale Section 106, describes the authority of Christopher Spinney, Aerospace (Eurocopter—France) SA–315B LAMA the FAA Administrator. Subtitle VII, Engineer, Engine Certification Office, helicopter, ingested a block of ice, Aviation Programs, describes in more FAA, Engine and Propeller Directorate, causing an in-flight shutdown and detail the scope of the Agency’s 12 New England Executive Park, subsequent loss of control of the authority. Burlington, MA 01803–5299; telephone helicopter. Turbomeca believes the (781) 238–7175, fax (781) 238–7199. block of ice formed at the rear of the We are issuing this rulemaking under SUPPLEMENTARY INFORMATION: engine air intake assembly while the the authority described in Subtitle VII, Part A, Subpart III, Section 44701, Comments Invited helicopter was not running and parked on sloping ground. ‘‘General requirements.’’ Under that We invite you to send us any written section, Congress charges the FAA with relevant data, views, or arguments Relevant Service Information promoting safe flight of civil aircraft in regarding this proposal. Send your We have reviewed and approved the air commerce by prescribing regulations comments to an address listed under technical contents of Turbomeca for practices, methods, and procedures ADDRESSES. Include ‘‘Docket No. FAA– Artouste III Service Bulletin (SB) No 218 the Administrator finds necessary for 2005–20849; Directorate Identifier 72 0104, dated December 24, 2003, that safety in air commerce. This regulation 2005–NE–04–AD’’ in the subject line of describes procedures for adding two is within the scope of that authority your comments. We specifically invite additional water drain holes in the because it addresses an unsafe condition comments on the overall regulatory, engine air intake assembly. The DGAC that is likely to exist or develop on economic, environmental, and energy classified this SB as mandatory and products identified in this rulemaking aspects of the proposed AD. We will issued AD F–2003–455, dated December action. consider all comments received by the 24, 2003, in order to assure the Regulatory Findings closing date and may amend the airworthiness of these Turbomeca proposed AD in light of those Artouste III series engines in France. We have determined that this comments. proposed AD would not have federalism We will post all comments we FAA’s Determination and Requirements implications under Executive Order receive, without change, to http:// of the Proposed AD 13132. This proposed AD would not dms.dot.gov, including any personal These Turbomeca Artouste III series have a substantial direct effect on the information you provide. We will also turboshaft engines, manufactured in States, on the relationship between the post a report summarizing each France, are type-certificated for national Government and the States, or substantive verbal contact with FAA operation in the United States under the on the distribution of power and

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responsibilities among the various nine months after the effective date of this DATES: We must receive comments on levels of government. AD, unless the actions have already been this proposed AD by May 6, 2005. done. For the reasons discussed above, I ADDRESSES: Use one of the following certify that the proposed regulation: Addition of Water Drain Holes (Turbomeca addresses to submit comments on this 1. Is not a ‘‘significant regulatory Modification TU 171A) proposed AD. action’’ under Executive Order 12866; (f) Within nine months from the effective • DOT Docket Web site: Go to http:/ 2. Is not a ‘‘significant rule’’ under the date of this AD, drill an additional water /dms.dot.gov and follow the instructions DOT Regulatory Policies and Procedures drain hole in each engine air intake assembly for sending your comments (44 FR 11034, February 26, 1979); and half-cover, using paragraphs 2.B.(1) through electronically. 3. Would not have a significant 2.B.(5) of Turbomeca Artouste III Service • Government-wide rulemaking Web economic impact, positive or negative, Bulletin (SB) No. 218 72 0104, dated site: Go to http://www.regulations.gov December 24, 2003. on a substantial number of small entities and follow the instructions for sending under the criteria of the Regulatory Alternative Methods of Compliance your comments electronically. Flexibility Act. • Mail: Docket Management Facility, We prepared a summary of the costs (g) The Manager, Engine Certification Office, has the authority to approve U.S. Department of Transportation, 400 to comply with this proposal and placed alternative methods of compliance for this Seventh Street, SW., Nassif Building, it in the AD Docket. You may get a copy AD if requested using the procedures found room PL–401, Washington, DC 20590. of this summary at the address listed in 14 CFR 39.19. • By fax: (202) 493–2251. under ADDRESSES. Related Information • Hand Delivery: Room PL–401 on List of Subjects in 14 CFR Part 39 (h) DGAC airworthiness directive F–2003– the plaza level of the Nassif Air transportation, Aircraft, Aviation 455, dated December 24, 2003, also addresses Building, 400 Seventh Street, SW., safety, Safety. the subject of this AD. Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except The Proposed Amendment Issued in Burlington, Massachusetts, on March 30, 2005. Federal holidays. For service information identified in Under the authority delegated to me Diane Cook, by the Administrator, the Federal this proposed AD, contact AvCraft Acting Manager, Engine and Propeller Aerospace GmbH, P.O. Box 1103, D– Aviation Administration proposes to Directorate, Aircraft Certification Service. amend 14 CFR part 39 as follows: 82230 Wessling, Germany. [FR Doc. 05–6774 Filed 4–5–05; 8:45 am] You can examine the contents of this PART 39—AIRWORTHINESS BILLING CODE 4910–13–P AD docket on the Internet at http:// DIRECTIVES dms.dot.gov, or in person at the Docket Management Facility, U.S. Department DEPARTMENT OF TRANSPORTATION 1. The authority citation for part 39 of Transportation, 400 Seventh Street, continues to read as follows: Federal Aviation Administration SW., room PL–401, on the plaza level of Authority: 49 U.S.C. 106(g), 40113, 44701. the Nassif Building, Washington, DC. § 39.13 [Amended] 14 CFR Part 39 This docket number is FAA–2005– 20869; the directorate identifier for this 2. The FAA amends § 39.13 by adding docket is 2004–NM–09–AD. the following new airworthiness [Docket No. FAA–2005–20869; Directorate Identifier 2004–NM–09–AD] directive: FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Turbomeca: Docket No. FAA–2005–20849; RIN 2120–AA64 International Branch, ANM–116, FAA, Directorate Identifier 2005–NE–04–AD. Transport Airplane Directorate, 1601 Airworthiness Directives; Dornier Comments Due Date Lind Avenue, SW., Renton, Washington Model 328–100 and –300 Series 98055–4056; telephone (425) 227–2125; (a) The Federal Aviation Administration Airplanes (FAA) must receive comments on this fax (425) 227–1149. airworthiness directive (AD) action by June 6, AGENCY: Federal Aviation SUPPLEMENTARY INFORMATION: 2005. Administration (FAA), Department of Comments Invited Affected ADs Transportation (DOT). (b) None. ACTION: Notice of proposed rulemaking We invite you to submit any relevant (NPRM). written data, views, or arguments Applicability regarding this proposed AD. Send your (c) This AD applies to Turbomeca Artouste SUMMARY: The FAA proposes to adopt a comments to an address listed under III B, B1, and D turboshaft engines. These new airworthiness directive (AD) for ADDRESSES. Include ‘‘Docket No. FAA– engines are installed on, but not limited to, certain Dornier Model 328–100 and -300 2005–20869; Directorate Identifier 2004- Aerospatiale (Eurocopter—France) SA–315B series airplanes. This proposed AD NM–09-AD’’ at the beginning of your LAMA, and Alouette III SA3160, SA–316B, would require operators to install comments. We specifically invite and SA–316C helicopters. colored identification strips on the comments on the overall regulatory, Unsafe Condition pulley brackets, fairlead bracket economic, environmental, and energy (d) This AD results from a report of an in- assemblies, operational assemblies, and aspects of the proposed AD. We will flight shutdown and subsequent loss of flight control cables. This proposed AD consider all comments submitted by the control of the helicopter, due to ice ingestion is prompted by a report that the flight closing date and may amend the into the engine. We are issuing this AD to control systems do not have elements proposed AD in light of those prevent ice ingestion into the engine, which that are distinctively identified. We are comments. could lead to an in-flight shutdown and proposing this AD to prevent the We will post all comments we subsequent loss of control of the helicopter. incorrect re-assembly of the flight receive, without change, to http:// Compliance control system during maintenance, dms.dot.gov, including any personal (e) You are responsible for having the which could result in reduced information you provide. We will also actions required by this AD performed within controllability of the airplane. post a report summarizing each

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substantive verbal contact with FAA Germany, notified us that an unsafe Bulletin SB–328–27–436, Revision 1, personnel concerning this proposed AD. condition may exist on certain Dornier dated April 15, 2003, for Dornier Model Using the search function of our docket Model 328–100 and -300 series 328–100 series airplanes. website, anyone can find and read the airplanes. The LBA advises that the These service bulletins describe comments in any of our dockets, flight control systems on these airplane procedures for installing colored including the name of the individual models do not have elements that are identification strips on the pulley who sent the comment (or signed the distinctively identified. Therefore, we brackets, fairlead bracket assemblies, comment on behalf of an association, have determined that these systems do operational assemblies, and flight business, labor union, etc.). You can not currently comply with Federal control cables. Accomplishing the review the DOT’s complete Privacy Act Aviation Regulation (FAR) 25.671 (b). Statement in the Federal Register FAR 25.671 (b) specifies that ‘‘each actions specified in the service published on April 11, 2000 (65 FR element of each flight control system information is intended to adequately 19477–78), or you can visit http:// must be designed, or distinctively and address the unsafe condition. dms.dot.gov. permanently marked, to minimize the The LBA mandated the service Examining the Docket probability of incorrect assembly that information and issued German could result in the malfunctioning of the airworthiness directives 2003–376 and You can examine the AD docket on system.’’ Service experience with other 2003–377, both dated November 11, the Internet at http://dms.dot.gov, or in airplane models has shown that if the 2003, to ensure the continued person at the Docket Management elements of the flight control system are Facility office between 9 a.m. and 5 airworthiness of these airplanes in not distinctively and permanently Germany. p.m., Monday through Friday, except marked, they could be re-assembled Federal holidays. The Docket incorrectly during maintenance. Concurrent Requirements Management Facility office (telephone Incorrect re-assembly of the flight (800) 647–5227) is located on the plaza The actions in the service bulletins in control system during maintenance level of the Nassif Building at the DOT could result in reduced controllability the following table must be street address stated in the ADDRESSES of the airplane. accomplished before, or concurrently section. Comments will be available in with, the actions in the Dornier Service the AD docket shortly after the DMS Relevant Service Information Bulletin SB–328J–27–176, and Dornier receives them. Service Bulletin SB–328–27–436. Dornier has issued Service Bulletin Discussion SB–328J–27–176, Revision 1, dated The Luftfahrt-Bundesamt (LBA), April 15, 2003, for Dornier Model 328– which is the airworthiness authority for 300 series airplanes; and Service

CONCURRENT REQUIREMENTS

Dornier service bulletin Concurrent Dornier service bulletins Action

SB–328J–27–176, for Dornier Model 328–300 SB–328J–27–035, dated April 25, 2000 ...... Relocate the auto-pilot rudder servo. series airplanes. SB–328J–27–036, dated April 25, 2000 ...... Relocate the auto-pilot elevator servo. SB–328J–27–037, dated April 25, 2000 ...... Relocate the auto-pilot aileron servo. SB–328–27–436, for Dornier Model 328–100 se- SB–328–27–290, Revision 1, dated December Relocate the auto-pilot rudder servo. ries airplanes. 8, 2000. SB–328–27–291, Revision 1, dated December Relocate the auto-pilot aileron servo. 8, 2000. SB–328–27–292, Revision 1, dated December Relocate the auto-pilot elevator servo. 8, 2000.

FAA’s Determination and Requirements Therefore, we are proposing this AD, control cable is replaced, although we of the Proposed AD which would require accomplishing the recommend that operators do so if the actions specified in the service bulletins replacement comes before the 24-month These airplane models are described previously, except as compliance time of this proposed AD. manufactured in Germany and are type discussed under ‘‘Difference Between Clarification of Compliance Time certificated for operation in the United the Proposed AD and the German States under the provisions of section Airworthiness Directives.’’ The German airworthiness directives 21.29 of the Federal Aviation mandate, and the Dornier service Difference Between the Proposed AD Regulations (14 CFR 21.29) and the bulletins recommend, compliance at the and the German Airworthiness applicable bilateral airworthiness next scheduled ‘‘C-check or equivalent.’’ Directives agreement. Pursuant to this bilateral Because ‘‘C-check’’ schedules vary airworthiness agreement, the LBA has The German airworthiness directives among operators, this proposed AD kept the FAA informed of the situation recommend that operators install the would require compliance within 24 described above. We have examined the colored identification strips when the months after the effective date of this LBA’s findings, evaluated all pertinent flight control cable is replaced, if that AD. We find that 24 months correspond information, and determined that we replacement comes before the next to normal scheduled maintenance for need to issue an AD for products of this scheduled ‘‘C-Check or its equivalent.’’ most affected operators and that this type design that are certificated for This proposed AD does not require compliance time is appropriate for the operation in the United States. operators to install the colored affected airplanes to continue to operate identification strips when the flight without compromising safety.

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Costs of Compliance The following table provides the estimated costs for U.S. operators to comply with this proposed AD.

ESTIMATED COSTS

Number Work Average Cost per of U.S.- Action hours labor rate Parts airplane registered Fleet cost per hour airplanes

Installation ...... 16 $65 $291 $1,331 112 $149,072

The following table provides the the concurrent requirements described estimated costs for airplanes subject to previously.

ESTIMATED COSTS—CONCURRENT REQUIREMENTS

Average Concurrent service bulletin Work labor rate Parts Cost per hours per hour airplane

SB–328–27–290 ...... 5 $65 (1) $325 SB–328–27–291 ...... 5 65 (1) 325 SB–328–27–292 ...... 5 65 (1) 325 SB–328J–27–035 ...... 5 65 $462 787 SB–328J–036 ...... 5 65 578 903 SB–328J–037 ...... 5 65 (1) 325 1 Operator supplied.

Authority for This Rulemaking For the reasons discussed above, I § 39.13 [Amended] certify that the proposed regulation: Title 49 of the United States Code 2. The FAA amends § 39.13 by adding specifies the FAA’s authority to issue 1. Is not a ‘‘significant regulatory the following new airworthiness rules on aviation safety. Subtitle I, action’’ under Executive Order 12866; directive (AD): Section 106, describes the authority of 2. Is not a ‘‘significant rule’’ under the Fairchild Dornier GmbH (Formerly Dornier the FAA Administrator. Subtitle VII, DOT Regulatory Policies and Procedures Luftfahrt GmbH): Docket No. FAA– Aviation Programs, describes in more (44 FR 11034, February 26, 1979); and 2005–20869; Directorate Identifier 2004– detail the scope of the Agency’s NM–09–AD. 3. Will not have a significant authority. economic impact, positive or negative, Comments Due Date We are issuing this rulemaking under on a substantial number of small entities (a) The Federal Aviation Administration the authority described in Subtitle VII, under the criteria of the Regulatory must receive comments on this AD action by Part A, Subpart III, Section 44701, Flexibility Act. May 6, 2005. ‘‘General requirements.’’ Under that Affected ADs section, Congress charges the FAA with We prepared a regulatory evaluation promoting safe flight of civil aircraft in of the estimated costs to comply with (b) None. air commerce by prescribing regulations this proposed AD. See the ADDRESSES Applicability for practices, methods, and procedures section for a location to examine the (c) This AD applies to Dornier Model 328– the Administrator finds necessary for regulatory evaluation. 100 and –300 series airplanes, certificated in safety in air commerce. This regulation List of Subjects in 14 CFR Part 39 any category; as identified in Dornier Service is within the scope of that authority Bulletin SB–328J–27–176, Revision 1, dated because it addresses an unsafe condition Air transportation, Aircraft, Aviation April 15, 2003; and Dornier Service Bulletin that is likely to exist or develop on safety, Safety. SB–328–27–436, Revision 1, dated April 15, products identified in this rulemaking 2003; as applicable. action. The Proposed Amendment Unsafe Condition Regulatory Findings Accordingly, under the authority (d) This AD was prompted by a report that delegated to me by the Administrator, the flight control systems do not have We have determined that this the FAA proposes to amend 14 CFR part elements that are distinctively identified. We proposed AD would not have federalism are issuing this AD to prevent the incorrect implications under Executive Order 39 as follows: re-assembly of the flight control system during maintenance, which could result in 13132. This proposed AD would not PART 39—AIRWORTHINESS have a substantial direct effect on the reduced controllability of the airplane. DIRECTIVES States, on the relationship between the Compliance national Government and the States, or 1. The authority citation for part 39 (e) You are responsible for having the on the distribution of power and continues to read as follows: actions required by this AD performed within responsibilities among the various the compliance times specified, unless the levels of government. Authority: 49 U.S.C. 106(g), 40113, 44701. actions have already been done.

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Installation Accomplishment Instructions of Dornier Prior or Concurrent Requirements (f) Within 24 months after the effective Service Bulletin SB–328J–27–176, Revision (g) Prior to or concurrently with the date of this AD, install colored identification 1, dated April 15, 2003; or Dornier Service accomplishment of the actions in paragraph strips on the pulley brackets, fairlead bracket Bulletin SB–328–27–436, Revision 1, dated (f) of this AD, accomplish the actions in the assemblies, operational assemblies, and flight April 15, 2003; as applicable. applicable service bulletins listed in Table 1 control cables, in accordance with the of this AD.

TABLE 1.—PRIOR OR CONCURRENT REQUIREMENTS

Dornier Model service Revision Date Action bulletin

328–100 ...... SB–328–27– 1 ...... December 8, 2000 ...... Relocate the auto-pilot rudder 290 servo. SB–328–27– 1 ...... December 8, 2000 ...... Relocate the auto-pilot aile- 291 ron servo. SB–328–27– 1 ...... December 8, 2000 ...... Relocate the auto- pilot ele- 292 vator servo.

328–300 ...... SB–328J–27– Original ...... April 25, 2000 ...... Relocate the auto-pilot rudder 035 servo. SB–328J–27– Original ...... April 25, 2000 ...... Relocate the auto-pilot eleva- 036 tor servo. SB–328J–27– Original ...... April 25, 2000 ...... Relocate the auto-pilot aile- 037 ron servo.

Alternative Methods of Compliance BAE Systems (Operations) Limited Aerospace Regional Aircraft American (AMOCs) (Jetstream) Model 4101 airplanes. This Support, 13850 Mclearen Road, (h) The Manager, International Branch, proposed AD would require the Herndon, Virginia 20171. ANM–116, Transport Airplane Directorate, overhaul of certain auxiliary You can examine the contents of this FAA, has the authority to approve AMOCs components installed on the main AD docket on the Internet at http:// for this AD, if requested in accordance with landing gear (MLG) and nose landing dms.dot.gov, or in person at the Docket the procedures found in 14 CFR 39.19. gear (NLG). This proposed AD is Management Facility, U.S. Department Related Information prompted by manufacturer of Transportation, 400 Seventh Street, (i) German airworthiness directive 2003– determination that overhaul limits need SW., room PL–401, on the plaza level of 376, dated November 11, 2003; and German to be imposed for certain auxiliary the Nassif Building, Washington, DC. airworthiness directive 2003–377, dated components of the MLG and NLG. This docket number is FAA–2005– November 11, 2003; also address the subject Components that exceed the established 20865; the directorate identifier for this of this AD. overhaul limits could fail due to fatigue, docket is 2003–NM–103–AD. Issued in Renton, Washington, on March wear, and age. We are proposing this AD FOR FURTHER INFORMATION CONTACT: 24, 2005. to prevent failure of the MLG or NLG, Todd Thompson, Aerospace Engineer, Ali Bahrami, and consequent damage to the airplane International Branch, ANM–116, FAA, Manager, Transport Airplane Directorate, and injury to flightcrew and passengers. Transport Airplane Directorate, 1601 Aircraft Certification Service. DATES: We must receive comments on Lind Avenue, SW., Renton, Washington [FR Doc. 05–6773 Filed 4–5–05; 8:45 am] this proposed AD by May 6, 2005. 98055–4056; telephone (425) 227–1175; BILLING CODE 4910–13–P ADDRESSES: Use one of the following fax (425) 227–1149. addresses to submit comments on this SUPPLEMENTARY INFORMATION: DEPARTMENT OF TRANSPORTATION proposed AD. • DOT Docket Web site: Go to Comments Invited Federal Aviation Administration http://dms.dot.gov and follow the We invite you to submit any relevant instructions for sending your comments written data, views, or arguments 14 CFR Part 39 electronically. regarding this proposed AD. Send your • Government-wide rulemaking Web comments to an address listed under [Docket No. FAA–2005–20865; Directorate site: Go to http://www.regulations.gov ADDRESSES. Include ‘‘Docket No. FAA– Identifier 2003–NM–103–AD] and follow the instructions for sending 2005–20865; Directorate Identifier RIN 2120–AA64 your comments electronically. 2003–NM–103–AD’’ at the beginning of • Mail: Docket Management Facility, your comments. We specifically invite Airworthiness Directives; BAE U.S. Department of Transportation, 400 comments on the overall regulatory, Systems (Operations) Limited Seventh Street, SW., Nassif Building, economic, environmental, and energy (Jetstream) Model 4101 Airplanes room PL–401, Washington, DC 20590. aspects of the proposed AD. We will • AGENCY: Federal Aviation By fax: (202) 493–2251. consider all comments submitted by the • Administration (FAA), Department of Hand Delivery: Room PL–401 on closing date and may amend the Transportation (DOT). the plaza level of the Nassif Building, proposed AD in light of those ACTION: Notice of proposed rulemaking 400 Seventh Street, SW., Washington, comments. (NPRM). DC, between 9 a.m. and 5 p.m., Monday We will post all comments we through Friday, except Federal holidays. receive, without change, to http:// SUMMARY: The FAA proposes to adopt a For service information identified in dms.dot.gov, including any personal new airworthiness directive (AD) for all this proposed AD, contact British information you provide. We will also

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post a report summarizing each the airplane and injury to flightcrew and Therefore, we are proposing this AD, substantive verbal contact with FAA passengers. which would require the overhaul of certain auxiliary components installed personnel concerning this proposed AD. Relevant Service Information Using the search function of our docket on the MLG and NLG, except as website, anyone can find and read the BAE Systems (Operations) Limited discussed under ‘‘Differences Between comments in any of our dockets, has issued Service Bulletin J41–32–081, the Proposed AD and Referenced including the name of the individual dated August 6, 2002. The service Service Bulletin.’’ who sent the comment (or signed the bulletin describes procedures for the Differences Between the Proposed AD comment on behalf of an association, overhaul of certain auxiliary and Referenced Service Bulletin business, labor union, etc.). You can components installed on the MLG and NLG. Auxiliary components are the review the DOT’s complete Privacy Act MLG shock struts, the NLG shock strut, BAE Systems (Operations) Limited Statement in the Federal Register the MLG retract actuators, the NLG Service Bulletin J42–32–081 describes published on April 11, 2000 (65 FR retract actuator, the MLG drag braces/ procedures for notifying the 19477–78), or you can visit http:// actuators, the MLG uplocks/actuators, manufacturer of the accomplishment of dms.dot.gov. the NLG downlock/actuator, the NLG the service bulletin; however, this Examining the Docket uplock/actuator, and the steering proposed AD would not require this selector valve. notification. You can examine the AD docket on Service Bulletin J41–32–081 refers to BAE Systems (Operations) Limited the Internet at http://dms.dot.gov, or in BAE Systems (Operations) Limited Service Bulletin J42–32–081 specifies person at the Docket Management Service Bulletin J41–05–001, Revision 2, that certain affected components must Facility office between 9 a.m. and 5 dated March 15, 2002, as an additional be overhauled on or before July 31, p.m., Monday through Friday, except source of service information for 2004; however, this proposed AD would Federal holidays. The Docket calculating estimated usage of affected specify that certain affected components Management Facility office (telephone auxiliary components. must be overhauled within 18 months (800) 647–5227) is located on the plaza The CAA mandated the service after the effective date of this proposed level of the Nassif Building at the DOT information and issued British AD. In developing an appropriate street address stated in the ADDRESSES airworthiness directive 006–08–2002 to compliance time for this AD, we section. Comments will be available in ensure the continued airworthiness of considered the manufacturer’s the AD docket shortly after the DMS these airplanes in the United Kingdom. recommendation, the degree of urgency receives them. FAA’s Determination and Requirements associated with the subject unsafe Discussion of the Proposed AD condition and the average utilization of This airplane model is manufactured the affected fleet. In light of all of these The Civil Aviation Authority (CAA), in the United Kingdom and is type factors, we find that a compliance time which is the airworthiness authority for certificated for operation in the United of 18 months represents an appropriate the United Kingdom, notified us that an States under the provisions of section interval of time for affected airplanes to unsafe condition may exist on all BAE 21.29 of the Federal Aviation continue to operate without Systems (Operations) Limited Regulations (14 CFR 21.29) and the compromising safety. This compliance (Jetstream) Model 4101 airplanes. The applicable bilateral airworthiness time has been coordinated with the CAA received a report of manufacturer agreement. Pursuant to this bilateral CAA. determination that overhaul limits need airworthiness agreement, the CAA has Costs of Compliance to be imposed for certain auxiliary kept the FAA informed of the situation components of the MLG and NLG. described above. We have examined the This proposed AD would affect about Components that exceed the established CAA’s findings, evaluated all pertinent 57 airplanes of U.S. registry. The overhaul limits could fail due to fatigue, information, and determined that we following table, using an average labor wear, and age. This condition, if not need to issue an AD for products of this rate of $65 per hour, provides the corrected, could result in failure of the type design that are certificated for estimated costs for U.S. operators to MLG or NLG, and consequent damage to operation in the United States. comply with this proposed AD.

ESTIMATED COSTS

Cost per Replacement Work hours Parts cost airplane Fleet cost

MLG shock strut (left and right) ...... 6 1 $25,000 $50,390 $2,872,230 NLG shock strut ...... 3 30,000 30,195 1,721,115 MLG retract actuator (left and right) ...... 6 1 6,300 12,990 740,430 NLG retract actuator ...... 3 4,100 4,295 244,815 MLG drag brace/actuator (left and right) ...... 6 1 9,500 19,390 1,105,230 MLG uplock/actuator (left and right) ...... 6 1 5,600 11,590 660,630 NLG downlock/actuator ...... 3 3,200 3,395 193,515 NLG uplock/actuator ...... 3 2,800 2,995 170,715 Steering selector valve ...... 3 6,800 6,995 398,715

Total ...... 39 139,700 142,235 8,107,395 1 Per side.

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Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. Related Information Title 49 of the United States Code § 39.13 [Amended] (i) British airworthiness directive 006–08– 2002 also addresses the subject of this AD. specifies the FAA’s authority to issue 2. The FAA amends § 39.13 by adding rules on aviation safety. Subtitle I, the following new airworthiness Issued in Renton, Washington, on March Section 106, describes the authority of directive (AD): 30, 2005. the FAA Administrator. Subtitle VII, Kalene C. Yanamura, BAE Systems (Operations) Limited Aviation Programs, describes in more (Formerly British Aerospace Regional Acting Manager, Transport Airplane detail the scope of the Agency’s Aircraft): Docket No. FAA–2005–20865; Directorate, Aircraft Certification Service. authority. Directorate Identifier 2003–NM–103–AD. [FR Doc. 05–6772 Filed 4–5–05; 8:45 am] We are issuing this rulemaking under BILLING CODE 4910–13–P the authority described in Subtitle VII, Comments Due Date Part A, Subpart III, Section 44701, (a) The Federal Aviation Administration ‘‘General requirements.’’ Under that must receive comments on this AD action by DEPARTMENT OF TRANSPORTATION section, Congress charges the FAA with May 6, 2005. promoting safe flight of civil aircraft in Affected ADs Federal Aviation Administration air commerce by prescribing regulations (b) None. for practices, methods, and procedures 14 CFR Part 39 the Administrator finds necessary for Applicability (c) This AD applies to all BAE Systems [Docket No. FAA–2005–20868; Directorate safety in air commerce. This regulation Identifier 2004–NM–162–AD] is within the scope of that authority (Operations) Limited (Formerly British Aerospace Regional Aircraft) Model Jetstream because it addresses an unsafe condition 4101 airplanes, certificated in any category. RIN 2120–AA64 that is likely to exist or develop on products identified in this rulemaking Unsafe Condition Airworthiness Directives; Fokker action. (d) This AD was prompted by Model F.28 Mark 0100 Series Airplanes manufacturer determination that overhaul Regulatory Findings limits need to be imposed for certain AGENCY: Federal Aviation We have determined that this auxiliary components of the MLG and NLG. Administration (FAA), Department of proposed AD would not have federalism Components that exceed the established Transportation (DOT). implications under Executive Order overhaul limits could fail due to fatigue, ACTION: Notice of proposed rulemaking wear, and age. We are issuing this AD to (NPRM). 13132. This proposed AD would not prevent failure of the MLG or NLG, and have a substantial direct effect on the consequent damage to the airplane and injury SUMMARY: The FAA proposes to adopt a States, on the relationship between the to flightcrew and passengers. national Government and the States, or new airworthiness directive (AD) for all on the distribution of power and Compliance Fokker Model F.28 Mark 0100 series responsibilities among the various (e) You are responsible for having the airplanes. This proposed AD would levels of government. actions required by this AD performed within require an inspection to determine the the compliance times specified, unless the part number of the passenger service For the reasons discussed above, I actions have already been done. certify that the proposed regulation: unit (PSU) panels for the PSU 1. Is not a ‘‘significant regulatory Overhaul of Landing Gear modification status, and corrective action’’ under Executive Order 12866; (f) Within 18 months after the effective actions if applicable. This proposed AD 2. Is not a ‘‘significant rule’’ under the date of this AD, overhaul auxiliary is prompted by reported incidents of DOT Regulatory Policies and Procedures components installed on the MLG and NLG smoke in the passenger compartment (44 FR 11034, February 26, 1979); and in accordance with the Accomplishment during flight. One of those incidents 3. Will not have a significant Instructions of BAE Systems (Operations) also included a burning smell and economic impact, positive or negative, Limited Service Bulletin J41–32–081, dated consequently led to emergency August 6, 2002, except as provided by on a substantial number of small entities evacuation of the airplane. We are paragraph (g) of this AD; and thereafter as proposing this AD to prevent under the criteria of the Regulatory specified in the ‘‘Overhaul Period’’ column of Flexibility Act. Table 1 of the Accomplishment Instructions overheating of the PSU panel due to We prepared a regulatory evaluation of the service bulletin. moisture ingress, which could result in of the estimated costs to comply with Note 1: BAE Systems (Operations) Limited smoke or fire in the passenger cabin. this proposed AD. See the ADDRESSES Service Bulletin J41–32–081 refers to BAE DATES: We must receive comments on section for a location to examine the Systems (Operations) Limited Service this proposed AD by May 6, 2005. regulatory evaluation. Bulletin J41–05–001, Revision 2, dated ADDRESSES: Use one of the following March 15, 2002, as an additional source of addresses to submit comments on this List of Subjects in 14 CFR Part 39 service information for calculating estimated usage of affected auxiliary components. proposed AD. Air transportation, Aircraft, Aviation • DOT Docket Web site: Go to safety, Safety. No Reporting Requirement http://dms.dot.gov and follow the The Proposed Amendment (g) Although the service bulletin referenced instructions for sending your comments in this AD specifies to submit certain electronically. Accordingly, under the authority information to the manufacturer, this AD • Government-wide rulemaking Web delegated to me by the Administrator, does not include that requirement. site: Go to http://www.regulations.gov the FAA proposes to amend 14 CFR part and follow the instructions for sending 39 as follows: Alternative Methods of Compliance (AMOCs) your comments electronically. • PART 39—AIRWORTHINESS (h) The Manager, International Branch, Mail: Docket Management Facility, DIRECTIVES ANM–116, Transport Airplane Directorate, U.S. Department of Transportation, 400 FAA, has the authority to approve AMOCs Seventh Street, SW., Nassif Building, 1. The authority citation for part 39 for this AD, if requested in accordance with room PL–401, Washington, DC 20590. continues to read as follows: the procedures found in 14 CFR 39.19. • By fax: (202) 493–2251.

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• Hand Delivery: Room PL–401 on Facility office between 9 a.m. and 5 continued airworthiness of these the plaza level of the Nassif Building, p.m., Monday through Friday, except airplanes in the Netherlands. 400 Seventh Street, SW., Washington, Federal holidays. The Docket The Fokker service bulletin refers to DC, between 9 a.m. and 5 p.m., Monday Management Facility office (telephone Grimes Aerospace Service Bulletin 10– through Friday, except Federal holidays. (800) 647–5227) is located on the plaza 1178–33–0040 (for PSU panel P/N 10– For service information identified in level of the Nassif Building at the DOT 1178–()), Revision 1, dated March 25, this proposed AD, contact Fokker street address stated in the ADDRESSES 1996; and Service Bulletin 10–1571–33– Services B.V., P.O. Box 231, 2150 AE section. Comments will be available in 0041 (for PSU panel P/N 10–1571–()), Nieuw-Vennep, the Netherlands. the AD docket shortly after the DMS dated October 15, 1993; as additional You can examine the contents of this receives them. sources of service information for AD docket on the Internet at http:// Discussion modifying the PSU panel. dms.dot.gov, or in person at the Docket Management Facility, U.S. Department The Civil Aviation Authority—The FAA’s Determination and Requirements of Transportation, 400 Seventh Street, Netherlands (CAA–NL), which is the of the Proposed AD SW., room PL–401, on the plaza level of airworthiness authority for the This airplane model is manufactured the Nassif Building, Washington, DC. Netherlands, notified us that an unsafe in the Netherlands and is type This docket number is FAA–2005– condition may exist on certain Fokker certificated for operation in the United 20868; the directorate identifier for this Model F.28 Mark 0100 series airplanes, States under the provisions of section docket is 2004–NM–162–AD. equipped with Grimes Aerospace passenger service unit (PSU) panels 21.29 of the Federal Aviation FOR FURTHER INFORMATION CONTACT: Tom having part number (P/N) 10–1178–() Regulations (14 CFR 21.29) and the Rodriguez, Aerospace Engineer, or 10–1571–( ). The CAA–NL advises applicable bilateral airworthiness International Branch, ANM–116, FAA, that operators have reported incidents of agreement. Pursuant to this bilateral Transport Airplane Directorate, 1601 smoke in the passenger compartment airworthiness agreement, the CAA–NL Lind Avenue, SW., Renton, Washington during flight. One of those incidents has kept the FAA informed of the 98055–4056; telephone (425) 227–1137; also included a burning smell during situation described above. We have fax (425) 227–1149. flight and consequently led to the examined the CAA–NL’s findings, SUPPLEMENTARY INFORMATION: airplane’s return to the airport and evaluated all pertinent information, and Comments Invited emergency evacuation. Investigation determined that we need to issue an AD revealed that water leaking onto the for products of this type design that are We invite you to submit any relevant electrical connector of the PSU panel certificated for operation in the United written data, views, or arguments could cause overheating of the PSU States. regarding this proposed AD. Send your panel. This condition, if not corrected, Therefore, we are proposing this AD, comments to an address listed under could result in smoke or fire in the which would require accomplishing the ADDRESSES. Include ‘‘Docket No. FAA– passenger cabin. actions specified in the service 2005–20868; Directorate Identifier information described previously, 2004–NM–162–AD’’ at the beginning of Relevant Service Information except as discussed under ‘‘Differences your comments. We specifically invite Fokker Services B.V. has issued Between the Proposed AD and Dutch comments on the overall regulatory, Service Bulletin SBF100–25–097, dated Airworthiness Directive.’’ economic, environmental, and energy December 30, 2003. The service bulletin aspects of the proposed AD. We will describes procedures for inspecting to Differences Between the Proposed AD consider all comments submitted by the determine the part number of the PSU and Dutch Airworthiness Directive closing date and may amend the panels for the PSU modification status, proposed AD in light of those and corrective actions if applicable. The The Dutch airworthiness directive comments. corrective actions include the following: only requires an inspection to determine We will post all comments we • For Grimes Aerospace PSU panels the modification status of the PSU receive, without change, to http:// having P/N 10–1178–() or 10–1571–() panels. This proposed AD, however, dms.dot.gov, including any personal that have been reidentified as ‘‘REV AE’’ would require an inspection to information you provide. We will also or ‘‘REV C,’’ as applicable: Sealing the determine whether Grimes Aerospace post a report summarizing each PSU panel/airplane interface connector PSU panels having P/N 10–1178–( ) or substantive verbal contact with FAA if necessary, and cleaning the plug and 10–1571–( ) are installed and the personnel concerning this proposed AD. receptacle of the PSU panel/airplane modification status of the PSU panels. Using the search function of our docket interface connector. Since the PSU panels are a rotatable website, anyone can find and read the • For Grimes Aerospace PSU panels part, this inspection is necessary to comments in any of our dockets, having P/N 10–1178–() or 10–1571–() determine whether an airplane is including the name of the individual that have not been reidentified as ‘‘REV affected by the unsafe condition of this who sent the comment (or signed the AE’’ or ‘‘REV C,’’ as applicable: AD. comment on behalf of an association, Modifying the PSU panel, sealing the Costs of Compliance business, labor union, etc.). You can PSU panel/airplane interface connector review the DOT’s complete Privacy Act if necessary, and cleaning the plug and This proposed AD would affect about Statement in the Federal Register receptacle of the PSU panel/airplane 61 airplanes of U.S. registry. The published on April 11, 2000 (65 FR interface connector. proposed actions would take about 5 19477–78), or you can visit http:// Accomplishing the actions specified work hours per airplane, at an average dms.dot.gov. in the service information is intended to labor rate of $65 per work hour. adequately address the unsafe Required parts would cost about $6 per Examining the Docket condition. The CAA–NL mandated the airplane. Based on these figures, the You can examine the AD docket on service information and issued Dutch estimated cost of the proposed AD for the Internet at http://dms.dot.gov, or in airworthiness directive 2004–022, dated U.S. operators is $20,191, or $331 per person at the Docket Management February 27, 2004, to ensure the airplane.

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Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. for this AD, if requested in accordance with the procedures found in 14 CFR 39.19. Title 49 of the United States Code § 39.13 [Amended] specifies the FAA’s authority to issue 2. The FAA amends § 39.13 by adding Related Information rules on aviation safety. Subtitle I, the following new airworthiness (i) Dutch airworthiness directive 2004–022, Section 106, describes the authority of directive (AD): dated February 27, 2004, also addresses the the FAA Administrator. Subtitle VII, subject of this AD. Fokker Services B.V.: Docket No. FAA– Aviation Programs, describes in more 2005–20868; Directorate Identifier 2004– Issued in Renton, Washington, on March detail the scope of the Agency’s NM–162–AD. 28, 2005. authority. Kalene C. Yanamura, Comments Due Date We are issuing this rulemaking under Acting Manager, Transport Airplane the authority described in Subtitle VII, (a) The Federal Aviation Administration Directorate, Aircraft Certification Service. must receive comments on this AD action by Part A, Subpart III, Section 44701, [FR Doc. 05–6771 Filed 4–5–05; 8:45 am] May 6, 2005. ‘‘General requirements.’’ Under that BILLING CODE 4910–13–P section, Congress charges the FAA with Affected ADs promoting safe flight of civil aircraft in (b) None. air commerce by prescribing regulations DEPARTMENT OF TRANSPORTATION for practices, methods, and procedures Applicability the Administrator finds necessary for (c) This AD applies to all Fokker Model Federal Aviation Administration safety in air commerce. This regulation F.28 Mark 0100 series airplanes, certificated is within the scope of that authority in any category. 14 CFR Part 39 because it addresses an unsafe condition Unsafe Condition that is likely to exist or develop on [Docket No. FAA–2005–20852; Directorate (d) This AD was prompted by reported Identifier 2004–NM–240–AD] products identified in this rulemaking incidents of smoke in the passenger action. compartment during flight. One of those RIN 2120–AA64 incidents also included a burning smell and Regulatory Findings consequently led to emergency evacuation of Airworthiness Directives; Bombardier We have determined that this the airplane. We are issuing this AD to Model DHC–8–102, –103, –106, –201, proposed AD would not have federalism prevent overheating of the PSU panel due to –202, –301, –311, and –315 Airplanes implications under Executive Order moisture ingress, which could result in smoke or fire in the passenger cabin. 13132. This proposed AD would not AGENCY: Federal Aviation have a substantial direct effect on the Compliance Administration (FAA), Department of States, on the relationship between the (e) You are responsible for having the Transportation (DOT). national Government and the States, or actions required by this AD performed within ACTION: Notice of proposed rulemaking on the distribution of power and the compliance times specified, unless the (NPRM). responsibilities among the various actions have already been done. SUMMARY: The FAA proposes to adopt a levels of government. Inspection and Corrective Actions If For the reasons discussed above, I Applicable new airworthiness directive (AD) for certify that the proposed regulation: certain Bombardier Model DHC–8–102, (f) Within 36 months after the effective –103, –106, –201, –202, –301, –311, and 1. Is not a ‘‘significant regulatory date of this AD, inspect to determine if action’’ under Executive Order 12866; Grimes Aerospace PSU panels having part –315 airplanes. This proposed AD 2. Is not a ‘‘significant rule’’ under the number (P/N) 10–1178–( ) or 10–1571–() would require revising the DOT Regulatory Policies and Procedures are installed and the PSU modification status airworthiness limitations section of the (44 FR 11034, February 26, 1979); and if applicable, and do any corrective actions Instructions for Continued 3. Will not have a significant if applicable, by doing all of the actions Airworthiness by incorporating new and economic impact, positive or negative, specified in the Accomplishment revised structural inspection procedures Instructions of Fokker Service Bulletin on a substantial number of small entities and new and revised inspection SBF100–25–097, dated December 30, 2003. intervals for the longitudinal skin joints under the criteria of the Regulatory Note 1: Fokker Service Bulletin SBF100– Flexibility Act. in the fuselage pressure shell. This 25–097, dated December 30, 2003, refers to proposed AD would also require phase- We prepared a regulatory evaluation Grimes Aerospace Service Bulletin 10–1178– of the estimated costs to comply with 33–0040 (for PSU panel P/N 10–1178–( )), in inspections and repair of any crack this proposed AD. See the ADDRESSES Revision 1, dated March 25, 1996; and found during any phase-in inspection. section for a location to examine the Service Bulletin 10–1571–33–0041 (for PSU This proposed AD is prompted by a regulatory evaluation. panel P/N 10–1571–( )), dated October 15, report indicating that visual inspections 1993, as additional sources of service were not adequate for detecting fatigue List of Subjects in 14 CFR Part 39 information for modifying the PSU panel. cracking in portions of the longitudinal skin joints in the fuselage pressure shell. Air transportation, Aircraft, Aviation Parts Installation safety, Safety. We are proposing this AD to detect and (g) As of the effective date of this AD, no correct fatigue cracking of the The Proposed Amendment person may install a PSU panel, P/Ns 10– longitudinal skin joints in the fuselage 1178–( ) and 10–1571–( ), on any airplane, Accordingly, under the authority unless it has been inspected and any pressure shell, which could affect the delegated to me by the Administrator, corrective actions if applicable have been structural integrity of the airplane, and the FAA proposes to amend 14 CFR part done in accordance with paragraph (f) of this result in loss of 39 as follows: AD. during flight. Alternative Methods of Compliance DATES: We must receive comments on PART 39—AIRWORTHINESS this proposed AD by May 6, 2005. DIRECTIVES (AMOCs) (h) The Manager, International Branch, ADDRESSES: Use one of the following 1. The authority citation for part 39 ANM–116, Transport Airplane Directorate, addresses to submit comments on this continues to read as follows: FAA, has the authority to approve AMOCs proposed AD.

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• DOT Docket Web site: Go to ADDRESSES. Include ‘‘Docket No. FAA– authority for Canada, notified us that an http://dms.dot.gov and follow the 2005–20852; Directorate Identifier unsafe condition may exist on certain instructions for sending your comments 2004–NM–240–AD’’ at the beginning of Bombardier Model DHC–8–102, –103, electronically. your comments. We specifically invite –106, –201, –202, –301, –311, and –315 • Government-wide rulemaking Web comments on the overall regulatory, airplanes. TCCA advises that the site: Go to http://www.regulations.gov economic, environmental, and energy existing visual inspections in the and follow the instructions for sending aspects of the proposed AD. We will airworthiness limitations section of the your comments electronically. consider all comments submitted by the Instructions for Continued • Mail: Docket Management Facility, closing date and may amend the Airworthiness were not adequate for proposed AD in light of those U.S. Department of Transportation, 400 detecting fatigue cracking in portions of comments. Seventh Street, SW., Nassif Building, the longitudinal skin joints in the We will post all comments we room PL–401, Washington, DC 20590. fuselage pressure shell. Those areas • By fax: (202) 493–2251. receive, without change, to http:// were hidden by other structures. Fatigue • Hand Delivery: Room PL–401 on dms.dot.gov, including any personal cracking of the fuselage longitudinal the plaza level of the Nassif Building, information you provide. We will also skin joints, if not detected and 400 Seventh Street, SW., Washington, post a report summarizing each DC, between 9 a.m. and 5 p.m., Monday substantive verbal contact with FAA corrected, could affect the structural through Friday, except Federal holidays. personnel concerning this proposed AD. integrity of the airplane, and result in For service information identified in Using the search function of our docket loss of cabin pressurization during this proposed AD, contact Bombardier, Web site, anyone can find and read the flight. comments in any of our dockets, Inc., Bombardier Regional Aircraft Explanation of Canadian Airworthiness Division, 123 Garratt Boulevard, including the name of the individual who sent the comment (or signed the Directive and Relevant Service Downsview, Ontario M3K 1Y5, Canada. Information You can examine the contents of this comment on behalf of an association, AD docket on the Internet at http:// business, labor union, etc.). You can TCCA has issued Canadian dms.dot.gov, or in person at the Docket review the DOT’s complete Privacy Act airworthiness directive CF–2004–16, Statement in the Federal Register Management Facility, U.S. Department dated September 7, 2004, to ensure the published on April 11, 2000 (65 FR of Transportation, 400 Seventh Street, continued airworthiness of these SW., room PL–401, on the plaza level of 19477–78), or you can visit http:// dms.dot.gov. airplanes in Canada. The Canadian the Nassif Building, Washington, DC. airworthiness directive requires revising This docket number is FAA–2005– Examining the Docket the Transport Canada-approved 20852; the directorate identifier for this You can examine the AD docket on maintenance program by incorporating docket is 2004–NM–240–AD. the Internet at http://dms.dot.gov, or in new and revised structural inspection FOR FURTHER INFORMATION CONTACT: person at the Docket Management procedures and new and revised David Lawson, Aerospace Engineer, Facility office between 9 a.m. and 5 inspections intervals for the Airframe and Propulsion Branch, ANE– p.m., Monday through Friday, except longitudinal skin joints in the fuselage 171, FAA, New York Aircraft Federal holidays. The Docket pressure shell, as introduced in the Certification Office, 1600 Stewart Management Facility office (telephone temporary revisions (TR) to the Avenue, suite 410, Westbury, New York (800) 647–5227) is located on the plaza applicable Bombardier DHC–8 11590; telephone (516) 228–7327; fax level of the Nassif Building at the DOT Maintenance Program Manual, listed in (516) 794–5531. street address stated in the ADDRESSES the following tables. The TRs to the SUPPLEMENTARY INFORMATION: section. Comments will be available in maintenance task cards (MTC) describe the AD docket shortly after the DMS Comments Invited new and revised structural inspections. receives them. The TRs to the airworthiness limitations We invite you to submit any relevant (AWL) describe new structural written data, views, or arguments Discussion regarding this proposed AD. Send your Transport Canada Civil Aviation inspection intervals. comments to an address listed under (TCCA), which is the airworthiness

TABLE—TEMPORARY REVISIONS TO MTCS

Maintenance program man- DHC–8 model ual/program Temporary re- Task no. Date support manual vision number (PSM)

–102, –103, –106 airplanes ...... PSM 1–8–7TC MTC–45 5310/29E November 28, 2003. MTC–46 5310/30A November 28, 2003. –201, –202 airplanes ...... PSM 1–82–7TC MTC 2–45 5310/29E November 28, 2003. MTC 2–46 5310/30A November 28, 2003. –301, –311, –315 airplanes ...... PSM 1–83–7TC MTC 3–47 5310/29E November 28, 2003. MTC 3–48 5310/30A November 28, 2003.

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TABLE—TEMPORARY REVISIONS TO AWL

Maintenance pro- Temporary DHC–8 model gram manual revision no. Date

–102, –103, –106 airplanes ...... PSM 1–8–7TC AWL–92 June 28, 2004. –102, –103, –106 airplanes ...... PSM 1–8–7TC AWL–93 June 28, 2004. –201, –202 airplanes ...... PSM 1–82–7TC AWL 2–31 June 28, 2004. –201, –202 airplanes ...... PSM 1–82–7TC AWL 2–32 June 28, 2004. –301, –311, –315 airplanes ...... PSM 1–83–7TC AWL 3–98 June 28, 2004. –301, –311, –315 airplanes ...... PSM 1–83–7TC AWL 3–99 June 28, 2004.

TABLE—RECOMMENDED COMPLIANCE TIMES IN TEMPORARY REVISIONS TO AWL

Phase-in Repetitive Threshold/ threshold/ intervals for DHC–8 model initial in- Initial repetitive new new de Havilland, Inc., TR airplanes Action spection inspection inspections inspections (flight cy- (flight cycles) (flight cy- (flight cy- cles) cles) cles)

AWL–92 ...... –102 and –103 Detailed inspection ...... 40,000 Not applicable 40,000 37,000 AWL–92 ...... –106 Detailed inspection ...... 40,000 Not applicable 40,000 36,240 AWL–93 ...... –102 and –103 Above floor detailed inspec- 40,000 40,000 80,000 16,475 tion. Below floor detailed inspec- 40,000 40,000 80,000 10,980 tion. AWL–93 ...... –106 Above floor detailed inspec- 40,000 40,000 80,000 9,350 tion. Below floor detailed inspec- 40,000 20,346 60,346 6,230 tion. AWL 2–31 ...... –201 and –202 Detailed inspection ...... 40,000 Not applicable 40,000 36,240 AWL 2–32 ...... –201 and –202 Above floor detailed inspec- 40,000 40,000 80,000 9,350 tion. Below floor detailed inspec- 40,000 20,346 60,346 6,230 tion. AWL 3–98 ...... –301, –311, and Detailed inspection ...... 40,000 Not applicable 40,000 36,240 –315 AWL 3–99 ...... –301 Above floor detailed inspec- 40,000 Not applicable 40,000 40,000 tion. Below floor detailed inspec- 40,000 Not applicable 40,000 30,920 tion. AWL 3–99 ...... –311 and –315 Above floor detailed inspec- 40,000 Not applicable 40,000 40,000 tion. Below floor detailed inspec- 40,000 Not applicable 40,000 33,933 tion.

FAA’s Determination and Requirements and new and revised inspection unsafe condition, and consistent with of the Proposed AD intervals for the longitudinal skin joints existing bilateral airworthiness These airplane models are in the fuselage pressure shell, except as agreements, we have determined that, manufactured in Canada and are type discussed under ‘‘Differences Between for this proposed AD, a repair we or certificated for operation in the United the Proposed AD, Canadian TCCA approve would be acceptable for States under the provisions of section Airworthiness Directive, and Service compliance with this proposed AD. 21.29 of the Federal Aviation Information’’ This proposed AD would Although the Canadian airworthiness Regulations (14 CFR 21.29) and the also require phase-in inspections and directive includes Bombardier Model applicable bilateral airworthiness repair of any crack found during any DHC–8–314 airplanes, the applicability agreement. Pursuant to this bilateral phase-in inspection. of this proposed AD does not include airworthiness agreement, TCCA has Differences Among the Proposed AD, that airplane model. That airplane kept the FAA informed of the situation Canadian Airworthiness Directive, and model is not included on the most described above. We have examined Service Information recent type certificate data sheet for the TCCA’s findings, evaluated all pertinent affected models. information, and determined that we The MTCs specify that you may TCCA is aware of these differences. contact the manufacturer for need to issue an AD for products of this Clarification of Inspection Terminology type design that are certificated for instructions on how to repair cracks in operation in the United States. the longitudinal skin joints in the In this proposed AD, the ‘‘detailed Therefore, we are proposing this AD, fuselage pressure shell, but this visual inspection’’ specified in the which would require revising the proposed AD would require you to Bombardier temporary revision is airworthiness limitations section of the repair those cracks using a method that referred to as a ‘‘detailed inspection.’’ Instructions for Continued we or TCCA (or its delegated agent) We have included the definition for a Airworthiness by incorporating new and approve. In light of the type of repair detailed inspection in Note 1 of this revised structural inspection procedures that would be required to address the proposed AD.

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Costs of Compliance The following table provides the estimated costs for U.S. operators to comply with this proposed AD.

ESTIMATED COSTS

Number of Action Work hours Average labor Parts Cost per U.S.-registered Fleet cost rate per hour airplane airplanes

AWL revision ...... 1 $65 N/A ...... $65 177 $11,505 Phase-in inspections ...... 25 65 N/A ...... 1,625 177 287,625

Authority for This Rulemaking under the criteria of the Regulatory these inspections is required by 14 CFR 91.403(c). For airplanes that have been Title 49 of the United States Code Flexibility Act. We prepared a regulatory evaluation previously modified, altered, or repaired in specifies the FAA’s authority to issue the areas addressed by these inspections, the rules on aviation safety. Subtitle I, of the estimated costs to comply with this proposed AD. See the ADDRESSES operator may not be able to accomplish the Section 106, describes the authority of inspections described in the revisions. In this the FAA Administrator. Subtitle VII, section for a location to examine the regulatory evaluation. situation, to comply with 14 CFR 91.403(c), Aviation Programs, describes in more the operator must request approval for an detail the scope of the Agency’s List of Subjects in 14 CFR Part 39 alternative method of compliance according to paragraph (l) of this AD. The request authority. Air transportation, Aircraft, Aviation We are issuing this rulemaking under should include a description of changes to safety, Safety. the authority described in Subtitle VII, the required inspections that will ensure the Part A, Subpart III, Section 44701, The Proposed Amendment continued damage tolerance of the affected structure. The FAA has provided guidance ‘‘General requirements.’’ Under that Accordingly, under the authority section, Congress charges the FAA with for this determination in Advisory Circular delegated to me by the Administrator, (AC) 25–1529. promoting safe flight of civil aircraft in the FAA proposes to amend 14 CFR part air commerce by prescribing regulations 39 as follows: Unsafe Condition for practices, methods, and procedures (d) This AD was prompted by a report the Administrator finds necessary for PART 39—AIRWORTHINESS indicating that visual inspections were not safety in air commerce. This regulation DIRECTIVES adequate for detecting fatigue cracking in is within the scope of that authority portions of the longitudinal skin joints in the 1. The authority citation for part 39 because it addresses an unsafe condition fuselage pressure shell. We are issuing this that is likely to exist or develop on continues to read as follows: AD to detect and correct fatigue cracking of products identified in this rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. the longitudinal skin joints in the fuselage action. pressure shell, which could affect the § 39.13 [Amended] structural integrity of the airplane, and result Regulatory Findings 2. The FAA amends § 39.13 by adding in loss of cabin pressurization during flight. the following new airworthiness We have determined that this Compliance directive (AD): proposed AD would not have federalism (e) You are responsible for having the implications under Executive Order Bombardier, Inc. (Formerly de Havilland, actions required by this AD performed within 13132. This proposed AD would not Inc.): Docket No. FAA–2005–20852; the compliance times specified, unless the Directorate Identifier 2004–NM–240–AD. have a substantial direct effect on the actions have already been done. States, on the relationship between the Comments Due Date national Government and the States, or Revision of Airworthiness Limitation (AWL) (a) The Federal Aviation Administration Section on the distribution of power and must receive comments on this AD action by responsibilities among the various May 6, 2005. (f) Within 30 days after the effective date levels of government. of this AD: Revise the AWL section of the For the reasons discussed above, I Affected ADs Instructions for Continued Airworthiness by certify that the proposed regulation: (b) None. incorporating the contents of the applicable 1. Is not a ‘‘significant regulatory de Havilland, Inc., temporary revision (TR) Applicability listed in Table 1 of this AD into the AWL action’’ under Executive Order 12866; (c) This AD applies to Bombardier Model section of the applicable Bombardier DHC–8 2. Is not a ‘‘significant rule’’ under the DHC–8–102, –103, –106, –201, –202, –301, Maintenance Program Support Manual. DOT Regulatory Policies and Procedures –311, and –315 airplanes; certificated in any Thereafter, except as provided by (44 FR 11034, February 26, 1979); and category; serial number 003 and subsequent. paragraphs (g) and (l) of this AD, no 3. Will not have a significant Note 1: This AD requires revisions to alternative structural inspection intervals economic impact, positive or negative, certain operator maintenance documents to may be approved for the longitudinal skin on a substantial number of small entities include new inspections. Compliance with joints in the fuselage pressure shell.

TABLE 1.—TEMPORARY REVISIONS TO AWL

For maintenance DHC–8 model de Havilland, Inc., Dated program support TR manual (PSM)

–102, –103, and –106 airplanes ...... AWL–92 June 28, 2004 PSM 1–8–7TC

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TABLE 1.—TEMPORARY REVISIONS TO AWL—Continued

For maintenance DHC–8 model de Havilland, Inc., Dated program support TR manual (PSM)

AWL–93 June 28, 2004 –201 and –202 airplanes ...... AWL 2–31 June 28, 2004 PSM 1–82–7TC AWL 2–32 June 28, 2004 –301, –311, and –315 airplanes ...... AWL 3–98 June 28, 2004 PSM 1–83–7TC AWL 3–99 June 28, 2004

Incorporation of TRs Into General Revisions TR may be removed from the AWL section current inspections, as applicable, of the (g) When the information in the applicable of the Instruction for Continued longitudinal skin joints in the fuselage de Havilland, Inc., TR identified in Table 1 Airworthiness. pressure shell specified in the TR for the of this AD has been included in the general applicable Dash 8 (de Havilland, Inc.,) Phase-In Inspections revisions of the applicable PSM identified in maintenance task card (MTC) listed in Table Table 1 of this AD, the general revisions may (h) At the times specified in paragraph (i) 2 of this AD. be inserted in the PSM, and the applicable of this AD, perform the detailed and eddy

TABLE 2.—TEMPORARY REVISIONS TO MTCS

For maintenance DHC–8 model de Havilland, Dated Task No. program support Inc., TR manual (PSM)

–102, –103, and –106 airplanes ...... MTC–45 November 28, 2003 5310/29E PSM 1–8–7TC MTC–46 November 28, 2003 5310/30A –201 and –202 airplanes ...... MTC 2–45 November 28, 2003 5310/29E PSM 1–82–7TC MTC 2–46 November 28, 2003 5310/30A –301, –311, and –315 airplanes ...... MTC 3–47 November 28, 2003 5310/29E PSM 1–83–7TC MTC 3–48 November 28, 2003 5310/30A

Note 2: For the purposes of this AD, a after the effective date of this AD, whichever FEDERAL COMMUNICATIONS detailed inspection is: ‘‘An intensive is first. COMMISSION examination of a specific item, installation, (j) Repeat the inspections required by or assembly to detect damage, failure, or paragraph (h) of this AD thereafter at the 47 CFR Part 73 irregularity. Available lighting is normally intervals specified in the applicable supplemented with a direct source of good temporary revision to the AWL required by [DA 05–704; MB Docket No. 05–109, RM– lighting at an intensity deemed appropriate. paragraph (f) of this AD. 11192; MB Docket No. 05–110, RM–11193; Inspection aids such as mirror, magnifying and MB Docket No. 05–111, RM–11200] lenses, etc., may be necessary. Surface Repair cleaning and elaborate procedures may be (k) If a crack is found in a longitudinal skin Radio Broadcasting Services; required.’’ joint during any phase-in inspection required Cumberland Head, NY; Mojave and Compliance Times by paragraph (h) of this AD, and the MTC Trona, CA; and Haileyville and Stringtown, OK (i) Perform the inspections required by specifies contacting Bombardier for repair paragraph (h) of this AD at the applicable information: Before further flight, repair the affected longitudinal skin joint in accordance AGENCY: Federal Communications time specified in paragraph (i)(1), (i)(2), or Commission. (i)(3) of this AD. with a method approved by either the (1) For all airplanes with 40,000 total flight Manager, New York ACO; or Transport ACTION: Proposed rule. cycles or less as of the effective date of this Canada Civil Aviation (or its delegated AD: At the times specified in the applicable agent). SUMMARY: This document sets forth temporary revision to the Airworthiness three proposals to amend the FM Table Limitations (AWL) listed in Table 1 of this AMOCs of Allotments, Section 73.202(b) of the AD. (l) The Manager, New York ACO, has the Commission’s rules, 47 CFR 73.202(b). (2) For airplanes with more than 40,000 authority to approve AMOCs for this AD, if The Commission requests comment on total flight cycles but less than 57,500 total requested in accordance with the procedures a petition filed by Dana J. Puopolo. flight cycles as of the effective date of this found in 14 CFR 39.19. Petitioner proposes the allotment of AD: (i) For Model –102, –103, –301, –311, and Related Information Channel 255A at Mojave, California, as –315 airplanes: Within 5,000 flight hours (m) Canadian airworthiness directive CF– a third local service. Channel 255A can after the effective date of this AD or prior to 2004–16, dated September 7, 2004, also be allotted at Mojave in compliance the accumulation of 60,000 total flight cycles, addresses the subject of this AD. with the Commission’s minimum whichever is first. distance separation requirements with a (ii) For Model –106, –201, and –202 Issued in Renton, Washington, on March 29, 2005. site restriction of 10.3 km (6.4 miles) airplanes: Within 5,000 flight hours after the northeast of Mojave. The proposed Kalene C. Yanamura, effective date of this AD or prior to the coordinates for Channel 255A at Mojave accumulation of 60,346 total flight cycles, Acting Manager, Transport Airplane are 35–06–07 North Latitude and 118– whichever is first. Directorate, Aircraft Certification Service. (3) For all airplanes with 57,500 total flight 04–41 West Longitude. In addition, in cycles or more as of the effective date of this [FR Doc. 05–6770 Filed 4–5–05; 8:45 am] order to accommodate the allotment of AD: Within 12 months or 2,500 flight cycles BILLING CODE 4910–13–P Channel 255A at Mojave, Petitioner

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further proposes to substitute Channel Stringtown are 34–23–04 North Latitude § 73.202 [Amended] 247A for vacant Channel 255A at Trona, and 96–05–51 West Longitude. In 2. Section 73.202(b), the Table of FM California, and to change the FM Table addition, in order to accommodate the Allotments under California, is of allotments at Trona, California, by allotment of Channel 290A at amended by adding Channel 255A at deleting Channel 255A and adding Stringtown, Petitioner further proposes Mojave, by removing Channel 255A and Channel 247A. The proposed to substitute Channel 252A for vacant by adding Channel 247A at Trona. coordinates for Channel 247A at Trona, Channel 290A at Haileyville, Oklahoma, 3. Section 73.202(b), the Table of FM California, are 35–45–46 NL and 117– and to change the FM Table of Allotments under New York, is 22–19 WL. The allotment can be allotted allotments at Haileyville by deleting amended by adding Cumberland Head, at center city reference coordinates Channel 290A and adding Channel Channel 264A. without site restriction. See 252A. The proposed coordinates for 4. Section 73.202(b), the Table of FM Supplementary Information infra. Channel 252A at Haileyville, Oklahoma, Allotments under Oklahoma, is DATES: Comments must be filed on or are 34–45–18 NL and 95–38–24 WL. amended by removing Channel 290A before May 9, 2005, and reply comments The allotment requires a site restriction and adding Channel 252A at Haileyville on or before May 24, 2005. of 12.2 km (7.6 miles) southwest of and by adding Stringtown, Channel ADDRESSES: Federal Communications Haileyville. 290A. Commission, Washington, DC 20554. In The Commission further requests Federal Communications Commission. comment on a petition filed by Dana J. addition to filing comments with the John A. Karousos, FCC, interested parties should serve the Puopolo. Petitioner proposes the designated petitioner as follows: Dana J. allotment of Channel 264A at Assistant Chief, Audio Division, Media Bureau. Puopolo, 2134 Oak Street, Unit C, Santa Cumberland Head, New York, as a first Monica, California 90495; Charles local service. Channel 264A can be [FR Doc. 05–6552 Filed 4–5–05; 8:45 am] Crawford, 4553 Bordeaux Avenue, allotted at Cumberland in compliance BILLING CODE 6712–01–P Dallas, Texas 75205. with the Commission’s minimum FOR FURTHER INFORMATION CONTACT: distance separation requirements with a FEDERAL COMMUNICATIONS Deborah A. Dupont, Media Bureau (202) site restriction of 6.6 km (4.1 miles) east COMMISSION 418–7072. of Cumberland Head. The proposed SUPPLEMENTARY INFORMATION: This is a coordinates for Channel 264A at 47 CFR Part 73 synopsis of the Commission’s Notice of Cumberland are 44–43–12 North Proposed Rule Making, MB Docket Nos. Latitude and 73–19–12 West Longitude. [DA 05–712; MB Docket No. 05–107; RM– 05–109, 05–110, and 05–111, adopted Concurrence in a specially negotiated 11199] allotment by the Government of Canada March 16, 2005, and released March 18, Radio Broadcasting Services; 2005. The full text of this Commission is required because the proposed allotment is located within 320 Islamorada, Marathon, and Sugarloaf document is available for inspection Key, FL and copying during normal business kilometers (199 miles) of the U.S.- hours in the FCC Reference Information Canadian border and would be short- AGENCY: Federal Communications Center (Room CY–A257), 445 12th spaced to Station CBF(FM), Channel Commission. Street, SW., Washington, DC. The 264C1, Montreal, Quebec, Canada. ACTION: Proposed rule. complete text of this decision may also The Provisions of the Regulatory be purchased from the Commission’s Flexibility Act of 1980 do not apply to SUMMARY: The Audio Division seeks copy contractor, Best Copy and Printing, this proceeding. Members of the public comment on a petition filed by LSM Inc., 445 12th Street, SW., Room CY– should note that from the time a Notice Radio Partners LLC, licensee of Station B402, Washington, DC 20554, (800) of Proposed Rule Making is issued until WWWK(FM), Channel 288C2, 378–3160, or via the company’s Web the matter is no longer subject to Marathon, Florida, proposing the site, http://www.bcpiweb.com. This Commission consideration or court allotment of Channel 289A to Sugarloaf document does not contain proposed review, all ex parte contacts are Key, Florida, as its first local service. To information collection requirements prohibited in Commission proceedings, accommodate this allotment, this subject to the Paperwork Reduction Act such as this one, which involve channel document also requests the reallotment of 1995, Public Law 104–13. In addition, allotments. See 47 CFR 1.1204(b) for of Channel 288C2 from Marathon to therefore, it does not contain any rules governing permissible ex parte Islamorada, Florida, as its second local proposed information collection burden contacts. service and modification of the Station ‘‘for small business concerns with fewer For information regarding proper WWWK license accordingly. Channel than 25 employees,’’ pursuant to the filing procedures for comments, see 47 289A can be allotted to Sugarloaf Key in Small Business Paperwork Relief Act of CFR 1.415 and 1.420. conformity with the Commission’s rules, provided there is a site restriction 2002, Public Law 107–198, see 44 U.S.C. List of Subjects in 47 CFR Part 73 3506(c)(4). of 3.6 kilometers (2.2 miles) southwest The Commission further requests Radio, Radio broadcasting. at coordinates 24–37–30 NL and 81–32– comment on a petition filed by Charles For the reasons discussed in the 30 WL. Channel 288C2 can be reallotted Crawford. Petitioner proposes the preamble, the Federal Communications to Islamorada, consistent with the allotment of Channel 290A at Commission proposes to amend 47 CFR minimum distance separation Stringtown, Oklahoma, as a first local Part 73 as follows: requirements of Section 73.207(b) of the service. Channel 290A can be allotted at Commission’s rules, provided there is a Stringtown in compliance with the PART 73—RADIO BROADCAST site restriction of 15.5 kilometers (9.6 Commission’s minimum distance SERVICES miles) northeast at coordinates 25–01– separation requirements with a site 23 NL and 80–30–06 WL. In accordance restriction of 10.0 km (6.2 miles) 1. The authority citation for Part 73 with the provisions of Section 1.420(i) southwest of Stringtown. The proposed continues to read as follows: of the Commission’s rules, we shall not coordinates for Channel 290A at Authority: 47 U.S.C. 154, 303, 334 and 336. accept competing expressions of interest

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pertaining to the use of Channel 288C2 Commission proposes to amend 47 CFR FOR FURTHER INFORMATION CONTACT: at Islamorada. part 73 as follows: Andrew J. Rhodes, Media Bureau, (202) DATES: Comments must be filed on or 418–2180. PART 73—RADIO BROADCAST before May 9, 2005, and reply comments SUPPLEMENTARY INFORMATION: This is a SERVICES on or before, May 24, 2005. summary of the Commission’s Notice of ADDRESSES: Federal Communications 1. The authority citation for part 73 Proposed Rule Making, MB Docket No. Commission, 445 Twelfth Street, SW., continues to read as follows: 05–115, adopted March 16, 2005, and released March 18, 2005. The full text Washington, DC 20554. In addition to Authority: 47 U.S.C. 154, 303, 334 and 336. filing comments with the FCC, of this Commission decision is available interested parties should serve the § 73.202 [Amended] for inspection and copying during petitioner, as follows: David G. O’Neil, 2. Section 73.202(b), the Table of FM normal business hours in the Esq., Counsel, LSM Radio Partners LLC, Allotments under Florida, is amended Commission’s Reference Center 445 Rini Coran, PC, 1501 M Street, NW., by adding Channel 288C2 at Islamorada, Twelfth Street, SW., Washington, DC Suite 1150, Washington, DC 20005. removing Channel 288C2 at Marathon, 20554. The complete text of this and by adding Sugarloaf Key, Channel decision may also be purchased from FOR FURTHER INFORMATION CONTACT: 289A. the Commission’s duplicating Rolanda F. Smith, Media Bureau, (202) contractor, Best Copy and Printing, Inc., Federal Communications Commission. 418–2180. 445 12th Street, SW., Room CY–B402, SUPPLEMENTARY INFORMATION: This is a John A. Karousos, Washington, DC 20054, telephone 1– summary of the Commission’s Notice of Assistant Chief, Audio Division, Media 800–378–3160 or http:// Proposed Rule Making, MB Docket No. Bureau. www.BCPIWEB.com. This document 05–107, adopted March 16, 2005, and [FR Doc. 05–6555 Filed 4–5–05; 8:45 am] does not contain proposed information released March 18, 2005. The full text BILLING CODE 6712–01–P collection requirements subject to the of this Commission decision is available Paperwork Reduction Act of 1995, for inspection and copying during Public Law 104–13. In addition, normal business hours in the FEDERAL COMMUNICATIONS therefore, it does not contain any Commission’s Reference Center 445 COMMISSION proposed information collection burden Twelfth Street, SW., Washington, DC 47 CFR Part 73 ‘‘for small business concerns with fewer 20554. The complete text of this than 25 employees,’’ pursuant to the decision may also be purchased from [DA 05–709; MB Docket No. 05–115; RM– Small Business Paperwork Relief Act of the Commission’s duplicating 11202] 2002, Public Law 107–198, see 44 U.S.C. contractor, Best Copy and Printing, Inc., 3506(c)(4). 445 12th Street, SW., Room CY–B402, Radio Broadcasting Services; High Provisions of the Regulatory Washington, DC, 20054, telephone 1– Point and Liberty, NC Flexibility Act of 1980 do not apply to 800–378–3160 or http:// AGENCY: Federal Communications this proceeding. www.BCPIWEB.com. This document Commission. Members of the public should note does not contain proposed information ACTION: Proposed rule. that from the time a Notice of Proposed collection requirements subject to the Rule Making is issued until the matter Paperwork Reduction Act of 1995, Pub. SUMMARY: The Audio Division requests is no longer subject to Commission L. 104–13. In addition, therefore, it does comment on a petition filed by Capstar consideration or court review, all ex not contain any proposed information TX Limited Partnership to reallot, parte contacts are prohibited in collection burden ‘‘for small business downgrade, and modify its liceense for Commission proceedings, such as this concerns with fewer than 25 Station WVBZ(FM) from Channel 262C one, which involve channel allotments. employees,’’ pursuant to the Small at High Point, North Carolina, to Chanel See 47 CFR 1.1204(b) for rules Business Paperwork Relief Act of 2002, 262C0 at Liberty, North Carolina, as a governing permissible ex parte contact. Pub. L. 107–198, see 44 U.S.C. first local service. Pursuant to Section For information regarding proper 3506(c)(4). 1.420(i) of the Commission’s Rules, we filing procedures for comments, see 47 Provisions of the Regulatory shall not accept competing expressions CFR 1.415 and 1.420. Flexibility Act of 1980 do not apply to of interest pertaining to the use of List of Subjects in 47 CFR Part 73 this proceeding. Channel 262C0 at Liberty. Channel Members of the public should note 262C0 can be allotted to Liberty with a Radio, Radio broadcasting. that from the time a Notice of Proposed site restriction of 17.6 kilometers For the reasons discussed in the Rule Making is issued until the matter northeast at reference coordinates of 35– preamble, the Federal Communications is no longer subject to Commission 58–57 and 79–27–29. Commission proposes to amend 47 CFR consideration or court review, all ex DATES: Comments must be filed on or part 73 as follows: parte contacts are prohibited in before May 9, 2005, and reply comments PART 73—RADIO BROADCAST Commission proceedings, such as this on or before May 24, 2005. SERVICES one, which involve channel allotments. ADDRESSES: Federal Communications See 47 CFR 1.1204(b) for rules Commission, 445 Twelfth Street, SW., 1. The authority citation for part 73 governing permissible ex parte contact. Washington, DC 20554. In addition to continues to read as follows: For information regarding proper filing comments with the FCC, Authority: 47 U.S.C. 154, 303, 334 and 336. filing procedures for comments, see 47 interested parties should serve the CFR 1.415 and 1.420. petitioner, as follows: Marissa G. Repp, § 73.202 [Amended] List of Subjects in 47 CFR Part 73 Esq., Tarah S. Grant, Esq., Hogan & 2. Section 73.202(b), the Table of FM Hartson LLP, 555 Thirteenth Street, Allotments under North Carolina, is Radio, Radio broadcasting. NW., Washington, DC 20004–1109 amended by adding Liberty, Channel For the reasons discussed in the (Counsel for Capstar TX Limited 262C0, and by removing Channel 262C preamble, the Federal Communications Partnership). at High Point.

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Federal Communications Commission. www.BCPIWEB.com. This document SUMMARY: This document sets forth a John A. Karousos, does not contain proposed information proposal to amend the FM Table of Assistant Chief, Audio Division, Media collection requirements subject to the Allotments, Section 73.202(b) of the Bureau. Paperwork Reduction Act of 1995, Commission’s rules, 47 CFR 73.202(b). [FR Doc. 05–6565 Filed 4–5–05; 8:45 am] Public Law 104–13. In addition, The Audio Division requests comment BILLING CODE 6712–01–P therefore, it does not contain any on a petition filed by George S. Flinn, proposed information collection burden Jr., proposing to allot Channel 277C as ‘‘for small business concerns with fewer the community’s fourth local aural FEDERAL COMMUNICATIONS than 25 employees,’’ pursuant to the broadcast service. The proposed COMMISSION Small Business Paperwork Relief Act of coordinates for Channel 277C at Alturas, 2002, Public Law 107–198, see 44 U.S.C. California, are 41–31–30 NL and 120– 47 CFR Part 73 3506(c)(4). 19–45 WL. The allotment will require a [DA 05–705; MB Docket No. 05–114, RM– Provisions of the Regulatory site restriction of 18.2 km (11.3 miles) 11190] Flexibility Act of 1980 do not apply to east of Alturas. this proceeding. DATES: Comments must be filed on or Radio Broadcasting Services; Hale Members of the public should note before May 9, 2005, and reply comments Center, Texas that from the time a Notice of Proposed on or before May 24, 2005. Rule Making is issued until the matter ADDRESSES: Federal Communications AGENCY: Federal Communications is no longer subject to Commission Commission, Washington, DC 20554. In Commission. consideration or court review, all ex addition to filing comments with the ACTION: Proposed rule. parte contacts are prohibited in FCC, interested parties should serve Commission proceedings, such as this SUMMARY: The Audio Division requests counsel for the petitioner as follows: one, which involve channel allotments. comment on a petition filed by Charles Stephen C. Simpson, Esq., 1090 See 47 CFR 1.1204(b) for rules Crawford, requesting the allotment of Vermont Avenue, NW., Suite 800, governing permissible ex parte contact. Channel 236C1 at Hale Center, Texas, as Washington, DC 20005. For information regarding proper a first local aural service. Channel FOR FURTHER INFORMATION CONTACT: filing procedures for comments, see 47 236C1 can be allotted to Hale Center in Deborah A. Dupont, Media Bureau (202) CFR 1.415 and 1.420. compliance with the Commission’s 418–7072. minimum distance separation List of Subjects in 47 CFR Part 73 SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Notice of requirements with a site restriction of Radio, Radio broadcasting. 30.6 kilometers northeast at reference Proposed Rule Making, MB Docket No. coordinates of 34–13–00 NL and 101– For the reasons discussed in the 05–123; adopted March 16, 2005, and 34–00 WL. preamble, the Federal Communications released March 18, 2005. The full text Commission proposes to amend 47 CFR DATES: of this Commission document is Comments must be filed on or Part 73 as follows: before May 9, 2005, and reply comments available for inspection and copying on or before May 24, 2005. during normal business hours in the PART 73—RADIO BROADCAST FCC Reference Information Center ADDRESSES: Federal Communications SERVICES (Room CY–A257), 445 12th Street, SW., Commission, 445 Twelfth Street, SW., Washington, DC. The complete text of Washington, DC 20554. In addition to 1. The authority citation for part 73 this decision may also be purchased filing comments with the FCC, continues to read as follows: from the Commission’s copy contractor, interested parties should serve the Authority: 47 U.S.C. 154, 303, 334 and 336. Best Copy and Printing, Inc., 445 12th petitioner, his counsel, or consultant, as § 73.202 [Amended] Street, SW., Room CY–B402, follows: Charles Crawford, 4553 Washington, DC, 20554, (800) 378–3160, Bordeaux Ave., Dallas, Texas 75205; 2. Section 73.202(b), the Table of FM or via the company’s Web site, http:// and Gene A. Bechtel, Esq., Law Office Allotments under Texas, is amended by www.bcpiweb.com. This document does of Gene Bechtel, Suite 600, 1050 17th adding Hale Center, Channel 236C1. not contain proposed information Street, NW., Washington, DC 20036. Federal Communications Commission. collection requirements subject to the FOR FURTHER INFORMATION CONTACT: John A. Karousos, Paperwork Reduction Act of 1995, Andrew J. Rhodes, Media Bureau, (202) Assistant Chief, Audio Division, Media Public Law 104–13. In addition, 418–2180. Bureau. therefore, it does not contain any SUPPLEMENTARY INFORMATION: This is a [FR Doc. 05–6566 Filed 4–5–05; 8:45 am] proposed information collection burden synopsis of the Commission’s Notice of BILLING CODE 6712–01–P ‘‘for small business concerns with fewer Proposed Rule Making, MB Docket No. than 25 employees,’’ pursuant to the 05–114, adopted March 16, 2005 and Small Business Paperwork Relief Act of released March 18, 2005. The full text FEDERAL COMMUNICATIONS 2002, Public Law 107–198, see 44 U.S.C. of this Commission decision is available COMMISSION 3506(c)(4). for inspection and copying during The Provisions of the Regulatory 47 CFR Part 73 regular business hours at the FCC’s Flexibility Act of 1980 do not apply to Reference Information Center, Portals II, [DA 05–715; MB Docket No. 05–123, RM– this proceeding. Members of the public 445 Twelfth Street, SW., Room CY– 11191] should note that from the time a Notice A257, Washington, DC 20554. The of Proposed Rule Making is issued until complete text of this decision may also Radio Broadcasting Services; Alturas, the matter is no longer subject to be purchased from the Commission’s CA Commission consideration or court duplicating contractor, Best Copy and AGENCY: Federal Communications review, all ex parte contacts are Printing, Inc., 445 12th Street, SW., Commission. prohibited in Commission proceedings, Room CY–B402, Washington, DC 20054, such as this one, which involve channel ACTION: Proposed rule. telephone 1–800–378–3160 or http:// allotments. See 47 CFR 1.1204(b) for

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rules governing permissible ex parte rulemaking (NPRM) to revise the On March 20, 1984, 49 FR 10490 contacts. hazardous waste manifest system. One (EPA), 10507 (PHMSA), EPA and For information regarding proper of EPA’s proposed changes would have PHMSA concurrently amended their filing procedures for comments, see 47 allowed the uniform manifest to be regulations to adopt the current uniform CFR 1.415 and 1.420. prepared and transmitted electronically manifest form in order to address the from the generator to the disposal problems resulting from ‘‘a proliferation List of Subjects in 47 CFR Part 73 facility, rather than requiring it to of manifests as States decided to Radio, Radio broadcasting. accompany the shipment. EPA is develop and print their own forms.’’ For the reasons discussed in the deferring final action on the electronic Under the current regulations, a preamble, the Federal Communications manifest pending further analysis, generator may use the uniform manifest Commission proposes to amend 47 CFR outreach, and possible supplemental form for wastes regulated solely by a Part 73 as follows: proposals. Therefore, PHMSA is State, but a State may not ‘‘impose withdrawing an NPRM published on enforcement sanctions on a transporter PART 73—RADIO BROADCAST August 8, 2001, that would have during transportation of the shipment SERVICES amended the Hazardous Materials for failure of the form to include Regulations on the use of the Uniform preprinted information or optional State 1. The authority citation for Part 73 Hazardous Waste Manifest for information items,’’ 40 CFR continues to read as follows: shipments of hazardous wastes. The 271.10(h)(2). Authority: 47 U.S.C. 154, 303, 334 and 336. changes proposed in that NPRM would On May 22, 2001, EPA published a notice of proposed rulemaking (NPRM) § 73.202 [Amended] have accommodated changes proposed by EPA. PHMSA proposed to require to revise the hazardous waste manifest 2. Section 73.202(b), the Table of FM that, if the generator of a hazardous system (66 FR 28240). One of EPA’s Allotments under California, is waste prepares an electronic manifest, proposed changes would have allowed amended by adding Channel 277C at either a physical copy of the electronic the uniform manifest to be prepared and Alturas. manifest or another document transmitted electronically from the Federal Communications Commission. containing the information required for generator to the disposal facility, rather John A. Karousos, a shipping paper must accompany the than requiring it to accompany the Assistant Chief, Audio Division, Media hazardous waste in transportation. shipment. EPA received 64 comments in Bureau. response to the May 22, 2001, proposed FOR FURTHER INFORMATION CONTACT: Mr. [FR Doc. 05–6569 Filed 4–5–05; 8:45 am] rule from hazardous waste generators, Darral Relerford, Office of Hazardous transporters, waste management firms, BILLING CODE 6712–01–P Materials Standards, Pipeline and consultants, an information technology Hazardous Materials Safety vendor and ten state hazardous waste Administration, 202–366–8553. agencies. The revisions proposed in DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: May 2001 aimed to reduce the manifest system’s paperwork burden on users, Pipeline and Hazardous Materials I. Background Safety Administration while enhancing the effectiveness of the Under the authority of the Resource manifest as a tool to track hazardous waste shipments that are shipped from 49 CFR Part 172 Conservation and Recovery Act (RCRA; 42 U.S.C. 6901, et seq.) and regulations the site of generation to treatment, [Docket No. PHMSA–01–10292 (HM–206E)] storage, or disposal facilities (TSDFs). of the Environmental Protection Agency On August 8, 2001, PHMSA RIN 2137–AD50 (EPA) at 40 CFR parts 262–264, published a notice of proposed hazardous wastes are tracked from their Hazardous Materials: Hazardous Waste rulemaking (NPRM) (66 FR 41490). producer (generator) to their final PHMSA proposed to revise its Manifest Requirements; Withdrawal of disposal sites. The central tracking Notice of Proposed Rulemaking regulations on the use of the Uniform element of this system is the Uniform Hazardous Waste Manifest for AGENCY: Pipeline and Hazardous Hazardous Waste Manifest (uniform shipments of hazardous wastes to Materials Safety Administration manifest), which accompanies a accommodate the changes proposed by (PHMSA), DOT. hazardous waste shipment from its the Environmental Protection Agency point of origin to its destination. In 42 ACTION: Withdrawal of notice of (EPA). The intended effect of this U.S.C. 6923, RCRA directs EPA to proposed rulemaking. proposed rule was to maintain consult with DOT and issue regulations consistency between EPA’s and SUMMARY: The Research and Special on the transportation of hazardous PHMSA’s requirements. PHMSA Programs Administration—the wastes that are ‘‘consistent with’’ proposed to modify 49 CFR 172.205 to predecessor agency to the Pipeline and requirements in the Hazardous provide that, when an electronic Hazardous Materials Safety Materials Regulations (HMR; 49 CFR manifest is used, the hazardous waste Administration (PHMSA)—and the parts 171–180). must be accompanied by a physical Environmental Protection Agency (EPA) In 1980, EPA and PHMSA issued final shipping paper that can be either (1) a issued final rules in 1980 requiring that rules requiring that a manifest print-out (paper copy) of the electronic a manifest accompany each shipment of accompany each shipment of hazardous manifest or (2) a separate shipping hazardous waste during transportation. waste during transportation. See 45 FR paper that meets all of the shipping In 49 CFR 172.205, PHMSA provided 12272 (Feb. 26, 1980) (EPA), 34560 paper requirements in 49 CFR, subpart that the uniform manifest ‘‘may be used (May 22, 1980) (PHMSA). In 49 CFR C of part 172. In addition, to prevent as the shipping paper required by’’ the 172.205, PHMSA provided that the confusion by enforcement officials, if an Hazardous Materials Regulations, so uniform manifest ‘‘may be used as the electronic manifest is being used in the long as it contained all the required shipping paper required by’’ the HMR, transportation of a hazardous waste, the information. On May 22, 2001, EPA so long as it contained all the required shipping paper or copy of the electronic published a notice of proposed information. manifest must indicate on the document

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that an electronic manifest is being hazardous waste shipments. one spawning river (i.e., Sacramento used. Because § 172.204(d)(2) allows for Accordingly, we are withdrawing the River), thus increasing the risk of a shipping paper to be ‘‘signed NPRM and terminating Docket No. extirpation due to catastrophic events; manually, by typewriter, or by other PHMSA–01–10292 (HM–206E). threats that have remained severe since mechanical means,’’ no change to the Issued in Washington, DC on March 31, the last status review and have not been HMR is needed when a paper copy of 2005, under authority delegated in 49 CFR adequately addressed by conservation the electronic manifest is used as the part 106. measures currently in place; fishery- shipping paper accompanying Robert A. McGuire, independent data exhibiting a negative hazardous waste during transportation. Associate Administrator for Hazardous trend in juvenile green sturgeon The signature of the generator on the Materials Safety. abundance; and new information electronic manifest, as printed out on a [FR Doc. 05–6805 Filed 4–5–05; 8:45 am] showing evidence of lost spawning physical copy, would satisfy the BILLING CODE 4910–60–P habitat in the upper Sacramento and requirement in § 172.204 (d). Feather Rivers. We will reevaluate the More than 18 commenters submitted status of the Northern DPS in 5 years. written comments in response to the DEPARTMENT OF COMMERCE If the proposed listing is finalized, a NPRM, including representatives of recovery plan will be prepared and waste treatment and disposal facilities, National Oceanic and Atmospheric implemented for the Southern DPS. emergency responders, suppliers of Administration Protective regulations under ESA industrial gases and related equipment section 4(d) and critical habitat will be and selected chemicals, shippers, 50 CFR Part 223 proposed in a subsequent Federal carriers, federal and state governmental Register notice. agencies and private citizens. Many [Docket No. 050323081–5081–01; I.D. DATES: Comments on this proposal must 031505C] commenters agreed that an electronic be received by July 5, 2005. A public manifest would not provide emergency RIN 0648–AT02 hearing will be held promptly if any responders with the information as to person so requests by May 23, 2005. the nature and hazards of materials in Endangered and Threatened Wildlife Notice of the location and time of any a transport vehicle or freight container and Plants: Proposed Threatened such hearing will be published in the if an electronic translator would not be Status for Southern Distinct Federal Register not less than 15 days available during an incident in Population Segment of North American before the hearing is held. transport. Green Sturgeon ADDRESSES: You may submit comments II. Proposal To Be Withdrawn AGENCY: National Marine Fisheries by any of the following methods: In a final rulemaking published on Service (NMFS), National Oceanic and • E-Mail: March 4, 2005 (70 FR 10776), EPA Atmospheric Administration (NOAA), [email protected] • indicates that the comments addressing Commerce. Federal e-Rulemaking Portal: http:/ the electronic manifest (‘‘e-manifest’’) ACTION: Proposed rule; request for /www.regulations.gov. Follow the proposal raise significant substantive instructions for submitting comments. comments. • issues that merit further analysis and Mail: Submit written comments to stakeholder outreach prior to adopting a SUMMARY: We, the NMFS, have Chief, Protected Resources Division, final approach. completed an update of an Endangered Southwest Region, National Marine EPA stated the key electronic manifest Species Act (ESA) status review for the Fisheries Service, 501 West Ocean issues that must be resolved include: (1) North American green sturgeon Blvd., Suite 4200, Long Beach, CA, Whether the e-manifest should be (Acipenser medirostris; hereafter ‘‘green 90802–4213. decentralized as proposed and hosted sturgeon’’). After reviewing new and The updated green sturgeon status by multiple private systems, centrally updated information on the status of review and other reference materials by EPA or by another party; (2) if a green sturgeon and considering whether regarding this determination can be decentralized approach were to be green sturgeon is in danger of extinction obtained via the Internet at: http:// adopted, how EPA’s standards should throughout all or a significant portion of www.nmfs.noaa.gov or by submitting a address interoperability of private its range, or is likely to become request to the Assistant Regional systems; (3) whether the final e-manifest endangered within the foreseeable Administrator, Protected Resources approach should be integrated with future throughout all or a significant Division, Southwest Region, NMFS, 501 biennial reporting or other functions portion of its range, we confirm our West Ocean Blvd., Suite 4200, Long supported by EPA, the states or other earlier determination that the species is Beach, CA 90802–4213, or the Assistant agencies; (4) what electronic signature comprised of two distinct population Regional Administrator, Protected methods should be included in the final segments (DPSs) that qualify as species Resources Division, Northwest Region, rule; and, (5) the technical rigor and under the ESA, the Northern and NMFS, 1201 NE Lloyd Avenue, Suite detail necessary in EPA’s final standards Southern DPSs. We reaffirm our earlier 1100, Portland, OR 97232. to ensure a workable approach to the determination that the Northern DPS FOR FURTHER INFORMATION CONTACT: electronic manifest. does not warrant listing as threatened or Melissa Neuman, NMFS, Southwest Therefore, EPA has decided to endangered at this time, and we will Region (562) 980–4115; Scott Rumsey, separate the electronic manifest from maintain the DPS on the Species of NMFS, Northwest Region (503) 872– the form revisions portion of the final Concern List due to remaining 2791; or Lisa Manning, NMFS, Office of rulemaking. EPA is deferring final uncertainties about its status and Protected Resources (301) 713–1401. action on the electronic manifest threats. We revise our previous ‘‘not SUPPLEMENTARY INFORMATION: pending further analysis, outreach, and warranted’’ finding for the Southern possible supplemental proposals. In a DPS and propose to list it as threatened. Background future rulemaking PHMSA and EPA This revision is based on: new On June 12, 2001, we received a may reconsider proposals to allow the information showing that the majority of petition from the Environmental use of an electronic manifest for spawning adults are concentrated into Protection Information Center, Center

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for Biological Diversity, and population in the Sacramento River In addition to the information WaterKeepers Northern California (‘‘Southern DPS’’). solicited during the first status review, requesting that we list the green The BRT considered the following we solicited any new information sturgeon as threatened or endangered information in order to assess risk beyond that considered in the 2002 under the ESA and that critical habitat factors for each green sturgeon DPS: (1) green sturgeon status review or the be designated for the species abundance trends from fisheries data; January 2003 1–year ‘‘not warranted’’ concurrently with any listing (2) the effects of fishing bycatch; (3) the finding on the following topics for the determination. On December 14, 2001, possible loss of spawning habitat in Northern and Southern DPSs of green we provided notice of our determination rivers where spawning is reported to sturgeon: (1) new genetic, that the petition presented substantial have occurred historically, but morphological, physiological, or scientific information indicating that the apparently no longer does; (4) ecological information relevant to DPS petitioned action may be warranted and concentration of spawning in the identification; (2) current or historic requested information to assist with a Klamath and Sacramento River systems; information documenting the status review to determine if green (5) lack of adequate population geographic extent (e.g., area, river mile abundance data; (6) potentially lethal sturgeon warranted listing under the distance) and magnitude (e.g., water temperatures and adverse effects ESA (66 FR 64793). To assist in the abundance of spawning females, status review, we formed a Biological of contaminants; (7) entrainment reproductive output) of spawning in Review Team (BRT) comprised of (defined here as loss of green sturgeon particular river systems (e.g., Fraser scientists from our Northwest and due to water diversion) by water River, Umpqua River, South Fork Southwest Fisheries Science Centers projects; and (8) adverse effects of non- and from the United States Geological native species. Based on the 2002 risk Trinity River, Eel River, Feather River, Survey (USGS). We also requested assessment, we determined on January and San Joaquin River); (3) information technical information and comments 23, 2003, that neither DPS warranted documenting the current geographic from State and Tribal co-managers in listing as threatened or endangered (68 extent and magnitude of spawning in California, Oregon, and Washington, as FR 4433). Uncertainties in the structure areas other than where it is known to well as from scientists and individuals and status of both DPSs led us to add presently occur (i.e., areas other than having research or management them to the Species of Concern List the Sacramento River, Klamath River expertise pertaining to green sturgeon (formerly the candidate species list; 69 and Rogue River); (4) the legitimacy of from California and the Pacific FR 19975; April 15, 2004). Along with references used to support information Northwest. The BRT considered the best the finding, we announced that we regarding current or historic spawning available scientific and commercial would reevaluate the status of green in the systems mentioned above in (2) information, including information sturgeon in 5 years. and (3), particularly citations by presented in the petition and in On April 7, 2003, the Environmental Houston (1988) for the Fraser River; response to our request for information Protection Information Center (and Lauman et al. (1972) and the Oregon concerning the status of and efforts other Plaintiffs) challenged our ‘‘not Department of Fish and Wildlife being made to protect the species (66 FR warranted’’ finding for green sturgeon. (ODFW) (2002) for the Umpqua River; 64793; December 14, 2001). The BRT The U.S. District Court for the Northern Moyle et al. (1992) and references presented its findings in a final status District of California issued an order on therein for the South Fork Trinity River; review report for North American green March 2, 2004, which set aside our ‘‘not Puckett (1976), Moyle et al. (1992) and sturgeon (Adams et al., 2002). Under the warranted’’ finding and remanded the references therein for the Eel River; ESA, a listing determination may matter to us for redetermination of Wang (1986) and FWS (1995) for the address a species, subspecies, or a DPS whether green sturgeon is in danger of Feather River; and Moyle et al. (1992) of any vertebrate species which extinction throughout all or a significant and references therein for the San interbreeds when mature (16 U.S.C. portion of its range, or is likely to Joaquin River; (5) historic, current or 1532(16)). On February 7, 1996, the U.S. become endangered within the future factors that may be responsible Fish and Wildlife Service (FWS) and foreseeable future throughout all or a NMFS adopted a policy describing what significant portion of its range. The U.S. for the reported loss of spawning habitat constitutes a DPS of a taxonomic species District Court’s March 2004 remand was and associated spawning populations; (61 FR 4722). The joint DPS policy issued because the Court was not and (6) fishery-dependent and identified two elements that must be satisfied with our examination of -independent abundance data for considered when making DPS whether purported lost spawning analysis of population trends. determinations: (1) The discreteness of habitat constituted a significant portion The public comment period closed on the population segment in relation to of either DPS’ range. We reestablished August 17, 2004. The BRT convened to the remainder of the species (or the BRT in the early summer of 2004 draft an updated status review in subspecies) to which it belongs; and (2) and added a new member from USGS November 2004. the significance of the population who possessed considerable knowledge On January 27, 2005, we distributed segment to the remainder of the species of green sturgeon. The BRT was asked the updated status review to co- (or subspecies) to which it belongs. to consider recent scientific and After conducting the status review, we commercial information available managers (i.e., States of Washington, determined that green sturgeon is regarding the biological status of green Oregon and California, Yurok and comprised of two DPSs that qualify as sturgeon and to assist us in assessing the Hoopa Tribes, FWS, and the California species under the ESA: (1) a northern viability of the species throughout all or Bay-Delta Program) for review. The final DPS consisting of populations in coastal a significant portion of its range. We updated status review for green sturgeon watersheds northward of and including published a notice on June 18, 2004, was completed by the BRT on February the Eel River (‘‘Northern DPS’’); and (2) soliciting information from the public to 22, 2005, and submitted to NMFS a southern DPS consisting of coastal and assist us in updating our status review Regional Offices for further Central Valley populations south of the and making a new listing determination consideration prior to the publication of Eel River, with the only known (69 FR 34135). this notice.

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Biology and Life History of Green ocean, while the Sacramento spawning Summary of New Information Sturgeon run may travel over 200 miles (322 km). Consideration as a ‘‘Species’’ Under the A thorough account of green sturgeon Specific spawning habitat preferences ESA biology and life history may be found in are unclear, but eggs likely are broadcast over large cobble where they settle into The ESA defines species as ‘‘any the previous 1–year finding (68 FR subspecies of fish or wildlife or plants, 4433; January 23, 2003) and the updated the cracks (Moyle et al., 1995). Optimum flow and temperature and any distinct population segment of status review (Adams et al., 2005), any species of vertebrate fish or wildlife which are incorporated here by requirements for spawning and incubation are unclear, but spawning that interbreeds when mature’’ 16 U.S.C. reference. The following is a summary 1532(16). This definition allows for the of that information. success in most sturgeons is related to these factors (Dettlaff et al.,1993). recognition of DPSs at levels below Adult Distribution and Feeding Temperatures above 68 F (20°C) were taxonomically recognized species or subspecies. On February 7, 1996, the The green sturgeon is the most widely lethal to embryos in laboratory experiments (Cech et al., 2000). FWS and NMFS published a joint policy distributed member of the sturgeon to clarify the phrase ‘‘distinct family Acipenseridae. Like all sturgeon Early Life History and Maturation population segment’’ for the purposes of species it is anadromous, but it is also listing, delisting and reclassifying the most marine-oriented of the Green sturgeon larvae first feed at 10 species under the ESA (61 FR 4722). sturgeon species. Green sturgeon are days post hatch and grow quickly This policy identifies two criteria that known to range in nearshore marine reaching a length of 66mm and a weight must be met for a population segment to waters from Mexico to the Bering Sea of 1.8 g in 3 weeks of exogenous be considered a DPS under the ESA: (1) and are commonly observed in bays and feeding. Metamorphosis to the juvenile The discreteness of the population estuaries along the western coast of stage is complete at 45 days. Juveniles segment in relation to the remainder of North America, with particularly large continue to grow rapidly, reaching the species or subspecies to which it concentrations entering the Columbia 300mm in 1 year and over 600mm belongs; and (2) the significance of the River estuary, Willapa Bay, and Grays within 2 3 years for the Klamath River population segment to the species or Harbor during the late summer (Moyle (Nakamoto et al., 1995). Juveniles spend subspecies to which it belongs. et al., 1992). The reasons for these from 1 4 years in fresh and estuarine New genetic information in concentrations are unclear, but do not waters and disperse into salt water at combination with the tendency of appear to be related to spawning or lengths of 300–750mm. The little that is sturgeon to exhibit high spawning site feeding (Beamesderfer, 2000). known regarding juvenile green fidelity confirms the conclusions drawn Little is known about adult green sturgeon feeding habits comes from a during the previous 1–year ‘‘not sturgeon feeding. Adults in the study conducted in the Sacramento-San warranted’’ finding (68 FR 4433; January Sacramento-San Joaquin Delta are Joaquin Delta, where juveniles fed on 29, 2003) that the northern and southern reported to feed on benthic invertebrates opossum shrimp and amphipods populations of green sturgeon are including shrimp, mollusks, (Radtke, 1966). ‘‘discrete’’ and ‘‘significant’’ as defined amphipods, and even small fish (Moyle in the DPS policy. (For a complete Green sturgeon disperse widely in the et al., 1992). One hundred and twenty- discussion of the discreteness and ocean after their out-migration from one green sturgeon stomach samples significance of the U.S. population of from the Columbia River gillnet fishery freshwater (Moyle et al., 1992). Tagged green sturgeon see 68 FR at 4437). were empty with the exception of one green sturgeon from the Sacramento and fish, while all white sturgeon stomachs Columbia Rivers are primarily captured Genetic Information contained digested material (ODFW to the north in coastal and estuarine Updated analyses of green sturgeon 2002). waters, with some fish tagged in the genetic structure were made available Columbia River being recaptured as far from University of California - Davis (J. Spawning north as British Columbia (WDFW, Israel and B. May, pers. comm., 2004). Adult green sturgeon are thought to 2002a). While there is some bias These results incorporated a greater spawn every 3 to 5 years (Tracy, 1990), associated with recovery of tagged fish number of samples including new adult but new information suggests that through commercial fishing, the pattern samples from the Umpqua River, new spawning could occur as frequently as of a northern migration is supported by juvenile samples from the Sacramento every 2 years (Lindley and Moser, pers. the large concentration of green River, and an increase in microsatellite comm., 2004). Adults typically migrate sturgeon in the Columbia River estuary, DNA loci to nine over the six reported into fresh water beginning in late Willapa Bay, and Grays Harbor, which in the previous status review and February (Moyle et al., 1995); spawning peaks in August. These fish tend to be discussed in Israel et. al. (2004). Green occurs from March July, with peak immature; however, mature fish and at sturgeon samples demonstrate a strong activity from April June (Moyle et al., least one ripe fish have been found in division between a grouping of the 1995). Confirmed spawning populations the lower Columbia River (WDFW, Rogue, Klamath, and Umpqua Rivers in North America are in the Rogue 2002a). Genetic evidence suggests that versus a grouping of the Sacramento and (Erickson et al., 2001, Rien et al., 2001), Columbia River green sturgeon are a Columbia Rivers and San Pablo Bay Klamath, and Sacramento Rivers (Moyle mixture of fish from at least the samples. The northern group included et al., 1992; CDFG, 2002). Green Sacramento, Klamath, and Rogue Rivers mixed stock green sturgeon samples sturgeon females produce 60,000 - (Israel et al., 2002). Mature males range from the Umpqua River as well as single 140,000 eggs (Moyle et al., 1992), and from 139 199cm in fork length (FL) and stock samples from the Rogue and they are the largest eggs (diameter 15 to 30 years of age (VanEenennaam, Klamath Rivers and the southern group 4.34mm) of any sturgeon species (Cech 2002). Mature females range from 157 included mixed stock samples from the et al., 2000). Spawning occurs in deep 223cm FL and 17 to 40 years of age. Columbia River, samples from San turbulent river mainstems. Klamath and Maximum ages of adult green sturgeon Pablo Bay that may be either mixed or Rogue River populations appear to are likely to range from 60–70 years single stock, and single stock samples spawn within 100 miles (161 km) of the (Moyle, 2002). from the Sacramento River.

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Oceanic Distribution and Behavior There are two confirmed records of numbers in the Feather River green sturgeon captured above tidal (Beamesderfer et al., 2004). There are at New oceanic distribution and influence in the Umpqua River (T. Rien, least two confirmed records of adult behavior information came from pop-off pers. comm., 2004). In July 2000, two green sturgeon in 2004. There are no archival tags (7 fish), Oregon trawl juvenile green sturgeon (each records of larval or juvenile sturgeon of logbook analysis, and acoustic tags (168 approximately 10–cm long) were either species, even prior to the 1960’s fish). These data indicated that green regurgitated from two smallmouth bass when Oroville Dam was built. There are sturgeon generally make northward caught at river kilometer (rkm) 134 on reports that green sturgeon may migrations, to points as far north as the Umpqua River. The ODFW reproduce in the Feather River during northwest Vancouver Island, Canada, interviewed the local angling guide, and high flow years (CDFG, 2002), but these upon returning to the ocean. During the one available regurgitated fish was are not specific and are unconfirmed. oceanic migrations, archival tagged fish positively identified as a green sturgeon. Small fisheries for sturgeon occur in occupied depths of 40–70 m and The other regurgitated sturgeon was not spring on the San Joaquin River between remained exclusively inside the 110 m available to examine. In April 1979, a Mossdale and the Merced River contour. These results are confirmed by 1.8 m green sturgeon was caught at rkm (Kohlhorst, 1976). Though sturgeon are Oregon trawl logbook records (Erickson 164 on the Umpqua River. A picture of known to migrate into the San Joaquin and Hightower, 2004). Fish marked in the fish was published in the Roseburg River, no efforts have been made to spawning areas (Rogue and Klamath News Review (May 3, 1979) and it was document sturgeon reproduction (FWS, Rivers and San Pablo Bay) and in mixed visually identified as a green sturgeon 1995). In addition, data are not regularly stock areas (Columbia River and Willapa by ODFW. ODFW has sampled the collected at diversions on the San Bay) with acoustic tags in 2002, 2003, Umpqua River in 2002, 2003, and 2004 Joaquin River, and when sturgeon have and 2004 sustained migrations of 100 using gill nets, beach seines, snorkeling, been collected, species differentiation km per day. Several fish tagged in 2002 and underwater video, and their rarely occurred. Information exists returned to the Rogue River in 2004, sampling efforts did not capture any through interviews with biologists, suggesting a minimal spawning green sturgeon above tidal influence in wardens, and anglers regarding the periodicity of 2 years if it is assumed the Umpqua River. presence and potential spawning of that these fish were ripe and returning A putative green juvenile sturgeon white sturgeon on the San Joaquin River to the River to spawn (S. Lindley and M. was captured at Big Butte Creek (rkm (FWS, 1995). Two juvenile white Moser, pers. comm., 2004). 254) near Lost Creek Dam on the Rogue sturgeon caught at Woodbridge on the River (R. Reisenbichler, pers. comm., Mokelumne River (rkm 63) in 2003 are Freshwater Distribution Information 2004). This is unusual because it is very the first confirmation of white sturgeon We requested new historic and/or high in the system and above two major reproduction in the San Joaquin River current information for particular river dams with fish ladders (Savage Rapids system (Beamesderfer et al., 2004). systems where historic and current and Gold Ray) and several smaller Though no green sturgeon have ever spawning status is uncertain (e.g., Fraser dams. been documented in the San Joaquin Adult green sturgeon were sighted on River, Umpqua River, South Fork River upstream of the Delta or in the the mainstem Eel River near Fort Trinity River, Eel River, Feather River, Stanislaus, Tuolumne, and Merced Seward, California (rkm 101) during and San Joaquin River; 69 FR 34135). Rivers (CDFG, 2002; Beamesderfer et al., snorkel surveys in 1995 and 1996 (S. New information was received for the 2004), the San Joaquin River and its Downie, pers. comm., 2004). Three Chehalis, Umpqua, Rogue, and Eel tributaries have been heavily modified sturgeon were sighted each year at a Rivers within the Northern DPS and the in ways that reduce suitability for place locally known as ‘‘The Sturgeon Sacramento, Feather, and San Joaquin sturgeon since the 1940s, so the lack of Hole.’’ Two juvenile green sturgeon contemporary information cannot be Rivers within the Southern DPS. were captured in the Eel River estuary considered evidence of historical green Northern DPS in 1994 by trawl (S. Cannata, pers. sturgeon absence. Moreover, species comm., 2004). The first one was 282mm with a similar dependence on historic Washington Department of Fish and FL and the second was 510mm. This is deep cool waters of the San Joaquin for Wildlife (WDFW) investigated the in addition to the previously reported spawning (i.e., spring-run Chinook Chehalis River as potential green capture of 26 juvenile green sturgeon salmon; Yoshiyama et al., 2001; and sturgeon habitat, and while it appears to near Fort Seward in 1967 and 1968 white sturgeon, FWS, 1995) are either possess suitable habitat features for (Pluckett, 1976). extirpated or nearly so on the San green and white sturgeon spawning, Joaquin River, indicating that a once there has not been evidence of spawning Southern DPS self-sustaining green sturgeon occurring in this basin (WDFW, 2004). Recent habitat evaluations conducted population on the San Joaquin River Data summarized from catch record in the upper Sacramento and Feather may have been possible. cards suggest that a few green sturgeon Rivers for salmonid recovery planning were caught in sport fisheries as far suggest that significant potential green Catch Information upriver as 60 kilometers during July sturgeon spawning habitat was made The coastwide bycatch of green 2002, March 2003, and December 2003, inaccessible or altered by dams sturgeon continues to be reduced over but these may be misidentifications of (historical habitat characteristics, time as noted in the previous status white sturgeon, which are much more temperature, and geology summarized review (Adams et al., 2002). Based on common within the basin. Sport anglers in Lindley et al., 2004). This spawning updated and corrected bycatch have reported small green sturgeon in habitat may have extended up into the numbers, green sturgeon take has been Grays Harbor; however, these fish were three major branches of the Sacramento reduced from a high of 9,065 in 1986 to most likely of a post-migratory size and River, the Little Sacramento River, the 862 in 2001, the last year in the therefore were not fish rearing in the Pit River system, and the McCloud previous status review, to 512 in 2003. estuary. Green and white sturgeon eggs River. The greatest reductions in bycatch and larvae have not been observed in Green and white sturgeon adults have (direct and indirect) were for the the Chehalis River or Grays Harbor. been observed periodically in small commercial fisheries in the Northern

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DPS, specifically the Columbia River, the Trinity River limits our ability to 2002; CDFG, 2002). While we cannot Willapa Bay, and Grays Harbor. This comment on the magnitude of loss of make any conclusions regarding loss of reduction has occurred due to spawning habitat in this system. spawning habitat over time in the San regulatory changes summarized in There is evidence to suggest that Joaquin River, indirect evidence from a Adams et al. (2002), Appendix 1 Table green sturgeon spawned in the South variety of sources (Moyle, 2002; Lindley 2. Yurok and Hoopa tribal green Fork Trinity River and continue to et al., 2004; L. Hess, pers. comm., 2004) sturgeon fisheries have remained spawn there to some degree, based on suggests that both adult and juvenile constant, with relatively constant effort, the presence of adults in freshwater green sturgeon may have been present and together account for 59 percent of areas above tidal influence (CDFG, 1978; in this system in the past. If spawning the coastwide green sturgeon catch in Moyle et al., 1992). We suspect that did occur in the San Joaquin River in 2003. spawning habitat still exists in this the past, there may have been a system, but have no evidence to reduction in spawning habitat again due Historic Spawning Status comment on whether spawning habitat to reasons mentioned above for the Information presented in the first has been reduced over time. Sacramento and Feather Rivers. status review (Adams et al., 2002) and The Eel River is the only system in new information presented here the Northern DPS where the status of Summary of Factors Affecting the regarding the historic and current spawning since historic times is Species spawning status of green sturgeon were believed to have changed. Spawning is Section 4 of the ESA (16 U.S.C. 1533) analyzed. known to have occurred in the past and regulations promulgated to based on the presence of juveniles implement the listing provisions of the Conclusions from New Information (Plunkett, 1976), but recently, only ESA (50 CFR part 424) set forth the In earlier technical memos and adults have been present in the River (S. procedures for adding species to the Federal Register publications (66 FR Downie, pers. comm., 2004) and one Federal list of threatened and 64793, December 14, 2001; 68 FR 4433, juvenile, whose natal stream origin is endangered species. Section 4 requires January 23, 2003), we reported the loss uncertain, was collected in the estuary. that listing determinations be based of green sturgeon spawning habitat in Despite Moyle et al.’s (2002) claim that solely on the best scientific and the Umpqua, Fraser, South Fork Trinity, green sturgeon have been extirpated commercial data available, without Eel (Northern DPS), Upper Sacramento, from the Eel River, we determined that consideration of possible economic or Feather, and possibly San Joaquin our ability to make a conclusion other impacts of such determinations. A Rivers (Southern DPS) based on regarding extirpation is limited by: (1) species may be determined to be information presented in the petition. low sampling effort in recent times (see endangered or threatened due to one or These claims prompted us to report that Status of Green Sturgeon DPSs: more of the five factors described in green sturgeon experienced a significant Northern DPS); and (2) our inability to section 4(a)(1) of the ESA. We must reduction in spawning area. New determine how much spawning habitat determine if either DPS of green analysis of existing information and the or reproductive potential may have been sturgeon is endangered or threatened submission of new information to us in lost. because of any one or a combination of August 2004 (69 FR 34135) leads us to the following factors: (1) the present or revise these earlier judgments in the Southern DPS threatened destruction, modification, or following ways. Known historic and current curtailment of its habitat or range; (2) spawning, based on the presence of overutilization for commercial, Northern DPS juvenile green sturgeon, occurs in the recreational, scientific, or educational There is no evidence of historic or Sacramento River (Adams et al., 2002). purposes; (3) disease or predation; (4) current spawning in the Fraser or We have indirect evidence, based on inadequacy of existing regulatory Chehalis Rivers (D. Lane, pers. comm., habitat assessments of Chinook salmon, mechanisms; or (5) other natural or 2004; WDFW, 2004). Based on the lack that the geographic extent of spawning human-made factors affecting its of data, we cannot conclude that there has been reduced due to impassable continued existence. has been a loss of spawning habitat over barriers (the Keswick and Shasta dams) Species-wide Factors time in these systems. in the upper Sacramento River. We have Known historic and current not been able to quantify the reduction Ocean and estuarine bycatch of green spawning, based primarily on the of habitat to date, and are uncertain how sturgeon in the white sturgeon and presence of juvenile green sturgeon, reduction in spawning habitat has salmonid fisheries was considered a occurs in the Umpqua, Rogue, Klamath affected the population’s viability. species-wide factor for decline since its and Trinity Rivers, and, therefore, we Spawning is suspected to have impact could not be apportioned to one conclude that populations have not occurred in the Feather River due to the DPS or the other. Current total catch of been extirpated from these systems (T. presence of adults in the system (CDFG, green sturgeon has been reduced to 6 Rein, pers. comm., 2004; Erickson et al., 2002). Although there is no evidence of percent of its 1986 high value of 9,065 2002; Moyle, 2002; Sheiff et al., 2001). spawning in the past or now, the fish; this does not, however, necessarily We are uncertain as to whether continued presence of adults in the represent a reduction in green sturgeon spawning habitat has been lost in the system suggests that green sturgeon are abundance. The recent reduction is due Umpqua River. A significant reduction trying to migrate into presumed to newly imposed fishing regulations in in spawning habitat is not likely to have spawning areas now blocked by the Oregon and Washington. Commercial occurred in the Rogue River because Oroville Dam. Therefore, we conclude fisheries targeting sturgeon have not there are no impassable barriers along that spawning habitat may have been been allowed in the Columbia River or green sturgeon migration routes. lost in the Feather River, but we were Willapa Bay since 2001, and Although the Klamath River has not able to determine how much habitat recreational fishing remains negligible undergone human alteration, data or reproductive potential was lost. (WDFW, 2004). Yurok and Hoopa tribal suggest that the geographic extent of There is no evidence of historic or catch has remained relatively constant spawning in the system has not been current spawning in the San Joaquin during the entire time series. The reduced over time. A paucity of data for River (Beamesderfer, 2004; Adams et al., reduction in catch through protective

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management measures represents a Thermalito Afterbay Facility (Table 2). water diversions in the Delta, or reduction in risk to the Northern DPS. Any observations of adult green decreasing nutrient supply to the CDFG (2002) estimated an average sturgeon likely represent individuals nursery, thus stifling productivity fishing mortality of 2.2 percent for green that were stranded as a result of these (CDFG, 1992). There are no current sturgeon based on tag return data in the barriers. indications that flow rates will increase Sacramento-San Joaquin Estuary. The Potential adult migration barriers to over time. impact of this fishing mortality rate is green sturgeon include the Red Bluff High temperatures no longer seem to unknown. Diversion Dam (RBDD), Sacramento be the problem that they once were with A summary of DPS-specific factors for Deep Water Ship Channel locks, the installation of the Shasta Dam decline is presented below (Tables 1 Fremont Weir, Sutter Bypass, and the temperature control device in 1997, and 2). These factors were only Delta Cross Channel Gates on the although Shasta Dam has a limited considered for those river systems with Sacramento River, and Shanghai Bench storage capacity and cold water reserves known or suspected historical or current and Sunset Pumps on the Feather River. could be depleted in long droughts spawning activity. The threat of screened and unscreened (Table 2). Temperatures at RBDD have agricultural, municipal, and industrial not been higher than 16° C since 1995 Northern DPS Factors water diversions in the Sacramento (California Data Exchange Center) and The potential factors for decline in the River and Delta to green sturgeon are are within the green sturgeon egg and Northern DPS are reduced flows, largely unknown as juvenile sturgeon larvae optimum for growth and survival changed flow regimes, increased are often not identified, and current of 15° to 19° C (Mayfield and Cech, temperatures, and reduced oxygen California Department of Fish and Game 2004). However, green sturgeon concentrations, principally in the (CDFG) and NMFS screen criteria do not reproduction before 1995 may well have Klamath-Trinity and Eel River systems address sturgeon. Based on the temporal been adversely affected by temperature (Table 1). The impact of these factors is occurrence of juvenile green sturgeon and these earlier high temperatures may uncertain. This DPS also has the only and the high density of water diversion have caused population reductions that major in-river fishery for green sturgeon structures along rearing and migration would still affect the overall population (Yurok and Hoopa tribal fisheries in the routes, we find the potential threat of size and age-structure (Table 2). Water Klamath-Trinity River system), the these diversions to be serious and in temperatures on Feather River effects of which are uncertain, but catch need of study (Table 2 NMFS, 2005). downstream of the Thermalito Afterbay data show no obvious signs of decline. CDFG (1992) and FWS (1995) found a outlet are considerably higher than As mentioned in the previous section, strong correlation between mean daily temperatures in the low-flow channel species-wide reduction in bycatch freshwater outflow (April to July) and (FWS, 1995). It is likely that high water fishing mortality through protective white sturgeon year class strength in the temperatures (greater than 17.2° C) may management measures reduces the Sacramento-San Joaquin Estuary (these deleteriously affect sturgeon egg and threat of overfishing in the Northern studies primarily involve the more larval development, especially for late- DPS. No risks due to disease, predation, abundant white sturgeon; however, the spawning fish in drier water years or inadequacy of existing regulatory threats to green sturgeon are thought to (FWS, 1995). CDFG (2002) also mechanisms were identified. The be similar), indicating that insufficient indicated water temperatures may be Northern DPS has two known major flow rates are likely to pose a significant inadequate for spawning and egg spawning populations (e.g., the threat to green sturgeon (Table 2). This incubation in the Feather River during Klamath-Trinity River system and the association of year class strength with many years as the result of releases of Rogue River) that are not close to one outflow is also found in other warmed water from Thermalito another geographically, thus spreading anadromous fishes inhabiting the Afterbay. CDFG believed this may be risks of extinction over more than one Estuary, such as striped bass, Chinook one reason neither green nor white spawning area. Spawning also appears salmon, American shad, and longfin sturgeon are found in the river in low- to occur infrequently in the Umpqua smelt (Stevens and Miller, 1983). Mean flow years. It is not expected that water River. This gives the Northern DPS April-May flow rates of 566 cubic temperatures will become more some additional protection. meters per second appear to be the favorable in the near future (CDFG, minimum required for the production of Southern DPS Factors 2002) and thus elevated water good year class strength based on temperature continues to be a threat. The principal factor for decline for approximately 20 years of sturgeon Sturgeon have high vulnerability to this DPS comes from the reduction of salvage data at the Skinner Fish Facility fisheries, and the trophy status of large green sturgeon spawning area to a (CDFG, 2002). According to this white sturgeon makes these fishes a limited area of the Sacramento River criterion, low flow rates occurred high priority for enforcement to protect (Table 2). Keswick Dam provides an slightly more than 50 percent of the against poaching (Table 2; CDFG, 2002). impassible barrier blocking green time during the years spanning 1968– Green sturgeon are caught incidentally sturgeon access to what were likely 1987 (CDFG, 2002). The FWS (1995) in these white sturgeon fisheries. historic spawning grounds upstream used water year types, based on an Non-native species are an ongoing (FWS, 1995). A substantial amount of index developed for the Sacramento problem in the Sacramento-San Joaquin habitat in the Feather River above Basin (California Department of Water River and Delta systems (Table 2; CDFG, Oroville Dam also was lost, and threats Resources, 2004), to suggest that low 2002). One risk for green sturgeon to green sturgeon on the Feather River flow conditions occurred 53 percent of associated with the introduction of non- are similar to those faced in the the time during the years spanning native species involves the replacement Sacramento River (NMFS, 2004). The 1944–2004. It is postulated that low of relatively uncontaminated food items BRT concluded that a viable spawning flow rates could dampen survival by with those that may be contaminated. population of green sturgeon no longer hampering the dispersal of larvae to For example, the non-native overbite exists in the Feather River and was areas of greater food availability, clam, Potamocorbula amurensis, likely lost due to the habitat blockage as hampering the dispersal of larvae to all introduced in 1988, has become the a result of Oroville Dam and from available habitat, delaying the most common food of white sturgeon thermal barriers associated with the transportation of larvae downstream of and was found in the only green

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sturgeon examined thus far (CDFG, Estimated toxic concentrations for the probably also occurs for green sturgeon 2002). The overbite clam is known to Sacramento River during 1970–1988 (Table 2). bioaccumulate selenium, a toxic metal may have deleteriously affected striped The previous status review (Adams et (CDFG, 2002; Linville et al., 2004). bass larvae (Bailey, 1994). White al., 2002) summarized juvenile Green sturgeon may also experience sturgeon may also accumulate PCBs and entrainment and change in annual mean predation by introduced species selenium (White et al., 1989). While number over time. Juvenile entrainment including striped bass. green sturgeon spend more time in the Contamination of the Sacramento marine environment than white is considered a type of threat imposed River increased substantially in the sturgeon and, therefore, may have less by water diversion (Table 2). mid–1970s when application of rice exposure, the BRT concluded that some BILLING CODE 3510–22–S pesticides increased (FWS, 1995). degree of risk from contaminants

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BILLING CODE 3510–22–C al., 2002). As discussed in the previous areas, there was a range of thought about Status of Green Sturgeon DPS status review, the trends in numbers how much larger. and size are difficult to interpret, but do The BRT was unable to come to firm Northern DPS not appear to indicate population consensus on what should be The Fraser River in Canada currently decline. considered ‘‘a significant portion’’ for has a catch and release fishery for There are few available data regarding this DPS, however, they generally sturgeon, but the number of green the status of green sturgeon in the agreed that ‘‘a significant portion’’ of the sturgeon captured is extremely small. A Trinity River system. The Hoopa Tribe DPS’s range would include either the tagging study in 1992–1993 tagged 2300 has a small in-river fishery which takes Klamath or Rogue Rivers, and that the sturgeon and only one was a green fewer than 30 adult green sturgeon each South Fork Trinity and Eel Rivers do sturgeon (D. Lane, pers. comm., 2004). year. Juvenile out-migrant green not represent a significant portion of the Green sturgeon occur off the West Coast sturgeon are captured in most years in DPS’s range. The BRT’s opinion of Vancouver Island where they are small numbers at Willow Creek (Schieff regarding ‘‘significant portion of its taken in the trawl fishery. These fish are et al., 2001). Due to the continued range’’ is supported by drawing thought to be from spawning areas in presence of juveniles within the system, analogies from salmonid habitat use and the United States, and this idea is the BRT was not convinced that green estimated abundance in the Klamath, supported by the recent acoustic and sturgeon were extirpated from the South Rogue, South Fork Trinity and Eel pop-off archival tagging. WDFW has Fork Trinity River by the 1964 flood as Rivers (Lindley et al., 2004). Salmonid investigated the possibility of green suggested by Moyle (2002). spawning habitat is more extensive and sturgeon spawning in the Chehalis River The Eel River is the southern-most estimated population abundance is as it appears to provide suitable habitat known spawning area in the Northern higher in the Klamath and Rogue Rivers features to support spawning. However, DPS. Moyle et al. (1992) suggested that than in the South Fork Trinity and Eel no evidence of spawning in this system green sturgeon were extirpated from the Rivers, and we expect that green has occurred to date. Currently, there is Eel River following the 1964 flood. The sturgeon habitat requirements and population size are correlated with limited fishing in Grays Harbor, but no 1955 and 1964 floods delivered large those of salmonids, both historically evidence of spawning has been found amounts of sediment into the Eel River. and today. Also, the geology of the Eel (WDFW, 2004). These historical flood events, combined Spawning does appear to take place in River, in particular, is more erosive and with land use practices, have resulted in the Umpqua River, but is probably rare. prone to sedimentation events, persisting high sediment levels. Some Juvenile green sturgeon were identified suggesting that spawning habitat in the portion of the deep holes that green in the system in 2000. Spawning in the Eel River is of poorer quality than that sturgeon use during spawning were Umpqua River apparently is not in the Klamath and Rogue Rivers. filled in by the 1955 and 1964 flood common since substantial sampling Finally, evidence suggests that the events, but the extent of sturgeon habitat efforts in 2002, 2003, and 2004 failed to Klamath and Rogue Rivers played a loss is unknown. The BRT was not find any evidence of green sturgeon more important role in historic Yurok convinced that green sturgeon have spawning. and Hoopa tribal sturgeon fisheries than The presence of green sturgeon been extirpated from the Eel River. the Eel and South Fork Trinity Rivers spawning in the Rogue River has been Sightings of adults in both 1995 and (FWS, 1981), again supporting the BRT’s only recently discovered. The river is 1996 and of juveniles in the estuary in conclusion that neither the Eel nor less manipulated and habitat seems to 1994 suggest that a green sturgeon South Fork Trinity Rivers constitute a be of better quality than in other green population persists in the Eel River, significant portion of the Northern DPS’ sturgeon spawning rivers. Blockages to although severely reduced from range. migration of anadromous fish are likely historical levels. Sampling was limited Conclusion-Northern DPS to be upriver of the historical extent of with adult surveys conducted only in green sturgeon spawning habitat and, 1995 and 1996 and estuarine surveys Based on the input provided by the therefore, do not seem to be limiting; conducted only in 1993 and 1994. BRT, we conclude that the Northern habitat seems to be roughly what it was The evaluation of extinction risk over DPS of green sturgeon is not in danger historically. Other anadromous a ‘‘significant portion of its range’’ is of extinction, nor likely to become salmonid fishes are generally doing well difficult for this DPS because of the lack endangered in the foreseeable future, in in the Rogue River (Weitkamp et al., of historical data about green sturgeon all or a significant portion of its range. 1995; Busby et al., 1996; and Myers et spawning areas. As explained above, in While a significant portion of the DPS’ al., 1998). earlier technical memos and Federal range would include either the Klamath The Klamath River has the largest Register publications (66 FR 64793, or the Rogue Rivers, neither of these green sturgeon spawning population. December 14, 2001; 68 FR 4433, January populations is regarded as being at risk Spawning still occurs upstream to the 23, 2003) we had discussed the of extirpation now or in the foreseeable historical limit of its habitat range (Ishi possibility that spawning habitat in the future. The BRT was not convinced that Pishi Falls). Out-migrant juvenile green Fraser, Umqua, South Fork Trinity, and green sturgeon were extirpated from the sturgeon are captured each year in Eel Rivers had beenseverely reduced. South Fork Trinity or Eel Rivers, even screw traps at Big Bar (Schieff et al., However, after reviewing both existing though it is likely that the Eel River 2001). The BRT expressed concerns over and new information, we have revised population, in particular, has suffered a recent fish kills in the Klamath River, those earlier judgments and now severe reduction since historic times. but reached no conclusions regarding conclude that the Eel River is the only Reference data from salmonid habitat whether or not the temperature regime system in the Northern DPS where the assessments and tribal fisheries data in the system played a part in this status of spawning since historic times suggest that even though green sturgeon mortality event. The Yurok tribal fishery is believed to have changed. All BRT populations in the Eel and South Fork comprises the majority of green sturgeon members felt that the historic spawning Trinity Rivers are likely low, these catch coastwide. There is no new area of the DPS had been larger than the rivers do not represent a significant information regarding abundance trends current spawning area, but with no portion of the DPS’ range. The majority since the last status review (Adams et historical data describing spawning of the BRT felt that the presence of two

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well-separated and significant spawning Juvenile entrainment data provide an to exclude the San Joaquin River system populations in the Klamath and Rogue indication of how abundance has as a possibly occupied watershed in the Rivers, and the effective reduction in changed over time (1968–present). For past based on similar conclusions green sturgeon catch due to the State facility (John Skinner Fish reached for Chinook salmon habitat implemented regulatory mechanisms, Facility; 1968–2001), the estimated assessments in the Sacramento and confer a low level of risk to the DPS. A average number of green sturgeon taken Feather Rivers. While some authors minority felt that overall paucity of data per year prior to 1986 was 732; from indicate that there is no evidence of generates such uncertainty in green 1986 on, the average number was 47. green sturgeon occurrence or spawning sturgeon status that the DPS’ level of For the Federal facility (Tracy Fish in the San Joaquin River (Beamesderfer extinction risk may be higher than Collection Facility; 1980–2001), the et al., 2004; Adams et al., 2002; CDFG, available data appear to indicate. The average number prior to 1986 was 889; 2002), sampling effort has been from 1986 on, the average was 32. The BRT expressed concern regarding the extremely limited. Thus, no evidence of significant reduction in numbers is lack of data and monitoring efforts to presence does not necessarily mean that consistent across the State and Federal adequately monitor the status of, and green sturgeon do not occur in this manage potential threats to, green facilities and is also consistent with system. Moyle (2002) suggested that sturgeon populations in this DPS. The significant reductions in estimated green sturgeon reproduction may have BRT recommended that the Northern white sturgeon take within the same taken place in the San Joaquin River DPS be placed on the Species of time periods (NMFS, 2005). In addition, because numerous juvenile green Concern List, that their status be evidence indicates export levels at both reviewed in at least 5 years, and that facilities have increased substantially, sturgeon have been captured at Santa population status monitoring be particularly at the State facility since the Clara Shoal and Brannan Island implemented immediately. 1970s and 1980s (as exhibited by yearly Recreational Area in the Delta. Both acre-feet exported from Federal and adult and juvenile green sturgeon Southern DPS State facilities, NMFS, 2005). Though salvage recoveries at the Federal facility, located closest to the San Joaquin River, The BRT concluded that the there are many assumptions associated with fish salvage estimates at these Sacramento River contains the only also provide some evidence that the San facilities (i.e., estimates are expanded known green sturgeon spawning Joaquin River system may at least be catches from brief sampling periods; population in this DPS. There are no occupied by green sturgeon during parts CDFG, 2002), this information may be updated population trends data since of the year. The potential threats faced the best available data in determining the last status review. The BRT by green sturgeon if they do occur or the population trends of the Southern concluded that there was almost occurred in the past in the San Joaquin DPS. certainly a substantial loss of spawning system would be similar in nature to The BRT concluded that an effective those faced in the Sacramento River, but habitat behind Keswick and Shasta population of spawning green sturgeon dams (FWS, 1995b, historical habitat would likely be more extreme because does not exist in the Feather River. there are a greater number of impassable data summarized in Lindley et al., 2004 Although there is no evidence of barriers in this system, many of which for salmonids). Green sturgeon currently spawning in the Feather River either in lack fish passage structures, and flow occur up to the impassible barrier at the past or now, the continued presence Keswick Dam (FWS, 1995b). It is of adults in the system suggests that rates are lower in the San Joaquin than unlikely that green sturgeon reproduced green sturgeon are trying to migrate ito those in the Sacramento. in their current spawning area under the presumed spawning areas now blocked Conclusion-Southern DPS historical temperature regime that by Oroville Dam, suggesting in turn that occurred before the construction of spawning habitat on the Fraser River The majority of the BRT concluded Shasta and Keswick dams. At present, may bave been lost. A substantial that the Southern DPS is likely to water temperatures in the current amount of habitat in the Feather River become endangered in the foreseeable spawning area are lower than they were was lost with the construction of future throughout all of its range. The historically due to releases from Shasta Oroville Dam (constructed in 1961) and BRT felt that the blockage of green Dam. Prior to dam construction, green from thermal barriers at the Thermalito sturgeon spawning from what were sturgeon would have had to migrate Afterbay facility (CDFG, 2002). FWS historic spawning areas above Shasta farther up the mainstem than they do (1995b) stated that ‘‘Evidence also Dam (although it is unclear whether now in order to encounter water suggests that [white] sturgeon these were separate populations) and temperatures cool enough to trigger reproduction occurs in both the Feather the accompanying decrease in spawning spawning. The BRT considered it and Bear rivers.’’ Again, the BRT area with the loss of a potential possible that the additional habitat assumed that a similar suggestion could behind Shasta Dam in the Pit, McCloud, spawning area in the Feather River be made for green sturgeon in the face make green sturgeon in the Southern and Little Sacramento systems would of the paucity of data. Sturgeon DPS likely to become endangered have supported separate populations or (including some documented green within the foreseeable future. We at least a single, larger Sacramento River sturgeon) still regularly occur in the believe that the loss of potential population less vulnerable to Bear and Yuba Rivers (CDFG, 2002; catastrophes than one confined to a Beamesderfer et al., 2004) and, spawning habitat in the San Joaquin single mainstem, but the BRT was therefore, must migrate through the River system also may have contributed unable to be specific due to the paucity Feather River. Threats to green sturgeon to the overall decline of the Southern of historical information. The BRT are similar to those faced in the DPS. The majority of the BRT also felt expressed concern about the habitat Sacramento River. that the concentration of spawning limitation and potential threats that Though the BRT concluded that there adults in the Sacramento River places green sturgeon faced in the Sacramento was not sufficient information to this DPS at even greater risk of River and again expressed particular establish whether the San Joaquin River extinction. No BRT members felt that concern about the high numbers of system once supported a viable green the DPS was at imminent risk of juveniles entrained prior to 1986. sturgeon population, we see no reason extinction.

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Efforts Being Made to Protect Green an effort will ultimately change the risk periods of peak green sturgeon presence Sturgeon assessment. The policy stresses that just and without any fisheries targeting Section 4(b)(1)(A) of the ESA requires as listing determinations must be based sturgeon, further minimizing green the Secretary of Commerce to make on the viability of the species at the time sturgeon by-catch. listing determinations solely on the of review, so they must be based on the Protective efforts on the Klamath and Trinity Rivers began with take limits basis of the best scientific and state of protective efforts at the time of and maximum size ranges through the commercial data available after taking the listing determination. PECE does not late 1970s, and between 1978 and 1993 into account efforts being made to provide explicit guidance on how seasonal limits were imposed to protect a species. Therefore, in making protective efforts affecting only a prohibit the take of sturgeon in the its listing determinations, we first assess portion of a species’ range may affect a Klamath River upstream of and a DPS’s level of extinction risk and listing determination, other than to say including the Trinity River. All sturgeon identify factors that have led to its that such efforts will be evaluated in the context of other efforts being made and fishing has been prohibited in the decline. We then assess existing efforts the species’ overall viability. There are Klamath-Trinity system since 1993. being made to protect the species to circumstances where threats are so Sturgeon fishing also has been determine if those measures ameliorate imminent, widespread, and/or complex prohibited since 1993 in all waters of the risks faced by the DPS. the Eel River from the mouth to rkm 153 In judging the efficacy of existing that it may be impossible for any including all waters of the South Fork protective efforts, we rely on the joint agreement or plan to include sufficient Eel River downstream of Benbow Dam NMFS-FWS ‘‘Policy for Evaluation of efforts to result in a determination that listing is not warranted. (CDFG, 2002). Sturgeon fishing in rivers Conservation Efforts When Making Conservation measures that may and bays in Del Norte and Humboldt Listing Decisions’’ (‘‘PECE;’’ 68 FR apply to listed species include Counties, including the Smith River, 15100; March 28, 2003). PECE provides conservation measures implemented by Humboldt and Arcata Bays, and all tidal direction for the consideration of tribes, states, foreign nations, local waters, has been prohibited since 1993. protective efforts identified in governments, and private organizations. General angling regulations apply to conservation agreements, conservation Also, Federal, tribal, state, and foreign sturgeon angling from Mendocino plans, management plans, or similar nations’ recovery actions (16 U.S.C. County south (one fish per day between documents (developed by Federal 1533(f)), Federal consultation 117 and 183cm TL). agencies, state and local governments, requirements (16 U.S.C. 1536), and Both white and green sturgeon are Tribal governments, businesses, prohibitions on taking (16 U.S.C. 1538) protected by the same fishing organizations, and individuals) that constitute conservation measures. In regulations in the Sacramento-San have not yet been implemented, or have addition, recognition through Federal Joaquin system. No commercial take is been implemented but have not yet government or state listing promotes permitted and angling take is restricted demonstrated effectiveness. The policy public awareness and conservation to one fish per day between 117 and articulates several criteria for evaluating actions by Federal, state, tribal 183cm TL. An additional closure in the certainty of implementation and governments, foreign nations, private central San Francisco Bay occurs effectiveness of protective efforts to aid organizations, and individuals. between January 1 and March 15, in determining whether a species coinciding with the herring spawning should be listed as threatened or Fishing Regulations season to protect sturgeon feeding on endangered. Evaluations of the certainty Recent management strategies in herring eggs (CDFG, 2002). Active an effort will be implemented include Oregon and Washington have sturgeon enforcement is often employed whether: the necessary resources (e.g., considerably reduced the catch of green in areas where sturgeon are funding and staffing) are available; the sturgeon. There are no targeted concentrated and particularly requisite agreements have been commercial fisheries on green sturgeon, vulnerable to the fishery. formalized such that the necessary and recreational fishing remains There is no commercial fishery for authority and regulatory mechanisms negligible. Commercial by-catch of green sturgeon in Canada, although the are in place; there is a schedule for green sturgeon occurs predominantly species is taken as by-catch in white completion and evaluation of the stated during the early fall salmon and white sturgeon and salmon fisheries. objectives; and (for voluntary efforts) the sturgeon fisheries in the lower Columbia necessary incentives are in place to River, when the green sturgeon have Habitat Protection Efforts ensure adequate participation. The migrated into the estuary and lower In the United States, the Central evaluation of the certainty of an effort’s river mainstem. Fisheries are timed to Valley Project Improvement Act effectiveness is made on the basis of avoid coinciding with peak periods of (CVPIA) is a Federal act directing the whether the effort or plan: establishes green sturgeon presence. Since 2002, Secretary of the Interior to amend specific conservation objectives; Oregon and Washington have adopted previous authorizations of California’s identifies the necessary steps to reduce daily landing limits for sturgeon during Central Valley Project to include fish threats or factors for decline; includes fall Columbia River commercial salmon and wildlife protection, restoration, and quantifiable performance measures for seasons. This management action has mitigation as project purposes having the monitoring of compliance and resulted in a significant decrease in equal priority with irrigation and effectiveness; incorporates the green sturgeon catch due to the higher domestic use, and fish and wildlife principles of adaptive management; and value (price per pound) of white enhancement as a project purpose equal is likely to improve the species’ viability sturgeon on the commercial market. to power generation. As a result of the at the time of the listing determination. Harvesters now typically release all CVPIA enacted in 1992, the FWS and PECE also notes several important green sturgeon (alive) to fill their weekly U.S. Bureau of Reclamation have led an caveats. Satisfaction of the above or daily landing limit with the more effort to implement a significant number mentioned criteria for implementation valuable white sturgeon. Additionally, of activities across the Central Valley and effectiveness establishes a given this management approach has allowed including projects such as: river protective effort as a candidate for the commercial fishery to access its restoration; land purchases; fish screen consideration, but does not mean that allocation of white sturgeon prior to projects; water acquisitions for the

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environment; and special studies and fish screen evaluation and construction in the foreseeable future throughout its investigations. The Anadromous Fish projects, restoration evaluation and range. Restoration Program (AFRP), a enhancement activities, contaminations Green sturgeon are listed as Species of component of the CVPIA, implements a studies, and dissolved oxygen Special Concern under Canada’s Species doubling program in an attempt to investigations related to the San Joaquin at Risk Act (SARA). Under SARA a ‘‘implement a program which makes all River Deep Water Ship Channel. Two Species of Special Concern is a wildlife reasonable efforts to ensure that, by the evaluation projects specifically species that may become a threatened or year 2002, natural production of addressed green sturgeon while the an endangered species because of a anadromous fish in Central Valley rivers remaining projects primarily address combination of biological characteristics and streams will be sustainable, on a anadromous fish in general, particularly and identified threats. There are no long-term basis, at levels not less than listed salmonids. The new green specific conservation measures directed twice the average levels attained during sturgeon information from research will at green sturgeon in Canada to alleviate the period of 1967–1991.’’ The AFRP be used to enhance our understanding the recognized threats of habitat specifically applies the doubling effort of the risk factors affecting the species, degradation and alteration. toward Chinook salmon, Central Valley thereby improving our ability to develop Proposed Determinations steelhead, striped bass, and white and effective management measures. green sturgeon. Though most efforts of However, at present they do not directly Section 4(b)(1) of the ESA requires the AFRP have primarily focused on help to alleviate threats that this species that the listing determination be based Chinook salmon as a result of their faces in the wild. All ongoing fish solely on the best scientific and listing history and status, green sturgeon screen and passage studies are designed commercial data available, after may receive some unknown amount of primarily to meet the minimum conducting a review of the status of the species and after taking into account benefit from these restoration efforts. qualifications outlined by the NMFS those efforts, if any, being made by any For example, the acquisition of water for and CDFG fish screen criteria. Though state or foreign nation to protect and flow enhancement on tributaries to the these improvements will likely benefit conserve the species. We have reviewed Sacramento River, fish screening for the salmonids, there is no evidence showing the petition, the reports of the BRT protection of Chinook salmon and that these measures will decrease the (NMFS, 2002, 2004), co-manager Central Valley steelhead, or riparian likelihood of green sturgeon mortality. comments, and other available revegetation and instream restoration While one of CALFED’s goals is to published and unpublished projects would likely have some recover a number of at-risk species information, and we have consulted ancillary benefits to sturgeon. The AFRP (including green sturgeon) and the has also invested in one green sturgeon with species experts and other program has and continues to provide individuals familiar with green research project that has helped funding for a variety of laboratory-based improve our understanding of the life sturgeon. On the basis of the best research projects, there are no specific available scientific and commercial history requirements and temporal actions aimed at alleviating the primary patterns of green sturgeon within the information, the southern and northern risks that threaten the continued populations of green sturgeon meet the Southern DPS. existence of green sturgeon in the wild. The California Bay-Delta Program discreteness and significance criteria for Other potential conservation (CALFED) is a cooperative effort of more distinct DPSs. measures such as the opening of the than 20 State and Federal agencies Northern DPS designed to improve water quality and RBDD gates have helped green sturgeon reliability of California’s water supply passage in the Sacramento River during Informed by the BRT’s risk while recovering the Central Valley the early part of their spawning season, assessment, we conclude that the ecosystem. The CALFED program but it is not known how effective this Northern DPS is not presently in danger contains four key objectives which measure has been. In addition, fish of extinction or likely to become so in include water quality, ecosystem ladders in place are probably too small the foreseeable future throughout all or quality, water supply and levee system for green sturgeon to negotiate during a significant portion of its range. integrity. Many notable beneficial the latter part of the spawning season Accordingly, the DPS does not warrant actions have originated and been funded when the RBDD gates are closed (FWS, listing under the ESA at this time. Our by the CALFED program including such 1995b). The Glenn-Colusa Irrigation review indicates that: (1) there is no projects as floodplain and instream District plans to help reduce fish loss evidence for reductions in spawning restoration, riparian habitat protection, and enhance long-term fish passage, but habitat in the South Fork Trinity River; fish screening and passage projects, these measures are not yet underway. and (2) the Eel River population may research regarding non-native invasive Fish salvaging efforts at the Tracy Fish have experienced declines and loss of species and contaminants, restoration Collection Facility and the Skinner spawning habitat. Nevertheless, the BRT methods, and watershed stewardship Delta Fish Protective Facility in the concluded that neither the South Fork and education and outreach programs. South Delta have been operating for Trinity nor the Eel River constitute a Prior Federal Register notices have decades, but it is unknown whether significant portion of the DPS’ range reviewed the details of CVPIA and efforts to relocate adults have resulted because: (1) analogies drawn from CALFED programs and potential in restoration of spawning potential and salmonid research suggest that the benefits towards anadromous fish, whether the salvage of juveniles is South Fork Trinity and Eel Rivers do particularly Chinook salmon and effective. not support large salmonid populations; Central Valley steelhead (50 FR 33102). As evaluated pursuant to PECE, the (2) habitat in the Eel River is of poorer Information received from CALFED above described protective efforts do not quality compared to that of the Klamath regarding potential projects that could as yet, individually or collectively, and Rogue Rivers; and (3) tribal fisheries be regarded as conservation measures provide sufficient certainty of data do not suggest that the South Fork for green sturgeon indicated a total of implementation and effectiveness to Trinity or Eel River supported 118 projects of various types and levels counter the extinction risk assessment significant numbers of green sturgeon in of progress funded between 1995 and conclusion that the Southern DPS is the past. Due to the poor availability of 2004. Projects primarily consisted of likely to become an endangered species data and attendant uncertainties

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regarding the status of and threats facing 4(d) protective regulations may prohibit, specific areas outside the geographical the species, we will maintain the with respect to threatened species, some area occupied by the species at the time Northern DPS on the Species of Concern or all of the acts which section 9(a) of it is listed in accordance with the List. We will re-evaluate the status of the ESA prohibits with respect to provisions of section 4 of this Act, upon the Northern DPS in 5 years provided endangered species. These 9(a) a determination by the Secretary that sufficient new information becomes prohibitions and 4(d) regulations apply such areas are essential for the available indicating that a status review to all individuals, organizations, and conservation of the species’’ (16 U.S.C. update is warranted. agencies subject to U.S. jurisdiction. We 1532(5)(A)). ‘‘Conservation’’ means the will evaluate protective regulations Southern DPS use of all methods and procedures pursuant to section 4(d) for the needed to bring the species to the point We propose to find that the Southern Southern green sturgeon DPS and at which listing under the ESA is no DPS is not presently in danger of propose any thought to be necessary and longer necessary (16 U.S.C. 1532(3)). extinction throughout all of its range. appropriate for conservation of the Section 4(a)(3)(A) of the ESA requires Fishing regulations in place in species in a forthcoming notice of that, to the maximum extent prudent California, the implementation of proposed rulemaking that will be and determinable, critical habitat be studies aimed at increasing our published in the Federal Register. designated concurrently with the listing understanding of the ecological of a species (16 U.S.C. 1533(a)(3)(A)(i)). requirements of green sturgeon in the Other Protective Regulations Designations of critical habitat must be wild, and efforts to ameliorate threats to Section 7(a)(2) of the ESA and NMFS/ based on the best scientific data salmonids in the wild, thus conferring FWS regulations require Federal some possible benefits to green agencies to confer with us on actions available and must take into sturgeon, indicate that the Southern likely to jeopardize the continued consideration the economic, national DPS is not presently in danger of existence of species proposed for listing security, and other relevant impacts of extinction throughout all of its range. or result in the destruction or adverse specifying any particular area as critical We also propose to find that the modification of proposed critical habitat. Once critical habitat is Southern DPS is not in danger of habitat. If a proposed species is designated, section 7 of the ESA extinction throughout a significant ultimately listed, Federal agencies must requires Federal agencies to ensure that portion of its range. We feel that consult on any action they authorize, they do not fund, authorize or carry out spawning habitat may have been lost in fund, or carry out if those actions may any actions that are likely to destroy or the Sacramento and Feather Rivers, but affect the listed species or its critical adversely modify that habitat. This due to a paucity of data, we are unable habitat. Examples of Federal actions that requirement is in addition to the section to determine the geographic extent and may affect the Southern green sturgeon 7 requirement that Federal agencies demographic consequences of this loss. DPS include: water diversion for human ensure that their actions do not We have no evidence of historic or use; point and non-point source jeopardize the continued existence of current spawning in the San Joaquin discharge of persistent contaminants; listed species. We are currently River and therefore we have no contaminated waste disposal; water compiling information to prepare a evidence of lost spawning habitat. quality standards; and fishery critical habitat proposal for the Based on our evaluation of the best management practices. Southern DPS. In a previous Federal available scientific information and the Register notice (66 FR 64793; December ongoing state and Federal conservation Service Policy on the Role of Peer 14, 2001) we requested specific efforts, we propose to find that the Review information on critical habitat and are Southern DPS is likely to become On July 1, 1994, we and FWS again seeking public input and endangered in the foreseeable future published a series of policies regarding information to assist in gathering and throughout all of its range and should listings under the ESA, including a analyzing the best available scientific therefore be listed as threatened. This policy for peer review of scientific data data to support a critical habitat proposal is based on the reduction of (59 FR 34270). The intent of the peer designation. We will continue to meet potential spawning habitat, the threats review policy is to ensure that listings with co-managers and other to the single remaining spawning are based on the best scientific and stakeholders to review this information population remaining severe and commercial data available. Prior to a and the overall designation process. We unlikely to be sufficiently alleviated by final listing, we will solicit the expert will then initiate rulemaking with the conservation measures currently in opinions of three qualified specialists, publication of a proposed designation of place, and the downward trend of concurrent with the public comment critical habitat, opening a period for sturgeon salvage estimates from State period. Independent specialists will be public comment and the opportunity for (1968–2003) and Federal (1980–2003) selected from the academic and public hearings. Joint NMFS/FWS facilities. scientific community, Federal and state regulations for listing endangered and agencies, and the private sector. threatened species and designating Take Prohibitions and Protective critical habitat at 50 CFR 424.12(b) state Regulations Critical Habitat that the agency ‘‘shall consider those Section 9 of the ESA prohibits certain Critical habitat is defined in section 3 physical and biological features that are activities that directly or indirectly of the ESA as: ‘‘(i) the specific areas essential to the conservation of a given affect endangered species. In the case of within the geographical area occupied species and that may require special threatened species, ESA section 4(d) by the species, at the time it is listed in management considerations or authorizes the Secretary to issue accordance with the provisions of protection’’ (hereafter also referred to as regulations he considers necessary and section 4 of this Act, on which are ‘‘essential features.’’ Pursuant to the appropriate for the conservation of the found those physical or biological regulations, such requirements include, species. We have flexibility under features (I) essential to the conservation but are not limited to the following: (1) section 4(d) to tailor protective of the species and (II) which may space for individual and population regulations based on the contents of require special management growth, and for normal behavior; (2) available conservation measures. The considerations or protection; and (ii) food, water, air, light, minerals, or other

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nutritional or physiological areas are essential to the recovery of the economic impacts cannot be considered requirements; (3) cover or shelter; (4) species or excluded from designation. when assessing the status of a species. sites for breeding, reproduction, rearing For areas potentially qualifying as Therefore, the economic analysis of offspring, germination, or seed critical habitat, we are requesting requirements of the Regulatory dispersal; and generally; (5) habitats that information describing: (1) the activities Flexibility Act are not applicable to the are protected from disturbance or are that affect the area or could be affected listing process. In addition, this rule is representative of the historic by the designation, and (2) the economic exempt from review under Executive geographical and ecological costs and benefits of additional Order 12866. This proposed rule does distributions of a species. These requirements of management measures not contain a collection-of-information regulations go on to emphasize that the likely to result from the designation. requirement for the purposes of the agency shall focus on essential features The economic cost to be considered in Paperwork Reduction Act. within the specific areas considered for the critical habitat designation under designation. These features ’’may the ESA is the probable economic Federalism include, but are not limited to, the impact ‘‘of the [critical habitat] In keeping with the intent of the following: spawning sites, feeding sites, designation upon proposed or ongoing Administration and Congress to provide seasonal wetland or dryland, water activities’’ (50 CFR 424.19). Economic continuing and meaningful dialogue on quality or quantity, geological effects attributable to listing include issues of mutual State and Federal formation, vegetation type, tide, and actions resulting from section 7 interest, this proposed rule will be given specific soil types.’’ consultations under the ESA to avoid to the relevant state agencies in each jeopardy to the species. Comments state in which the species is believed to Public Comments Solicited concerning economic impacts should occur, who will be invited to comment. We recognize that there are serious attempt to distinguish the costs of We have conferred with the States of limits to the quality of information listing from the incremental costs that Washington, Oregon and California in available, and, therefore, we exercised can be directly attributed to the the course of assessing the status of the our best professional judgment in designation of specific areas as critical Southern DPS, and considered, among developing this proposal to list the habitat. other things, Federal, state and local Southern DPS. To ensure that the final We will review all public comments conservation measures. As we proceed, action resulting from this proposal will and any additional information we intend to continue engaging in be as accurate and effective as possible, regarding the status of, and critical informal and formal contacts with the we are soliciting comments and habitat for, the Southern green sturgeon States, and other affected local or suggestions from the public, other DPS in developing a final listing regional entities, giving careful governmental agencies, the Government determination as well as proposed consideration to all written and oral of Canada, the scientific community, critical habitat and, potentially, section comments received. We also intend to industry, environmental groups, and 4(d) regulations. consult with appropriate elected any other interested parties. Comments Public Hearings officials in the establishment of a final are encouraged on this proposal (See rule. DATES and ADDRESSES). Specifically, we Public hearings will be held in several are interested in information regarding: locations within the range of the List of Subjects in 50 CFR Part 223 (1) green sturgeon spawning habitat proposed Southern DPS; details Endangered and threatened species, within the range of the Southern DPS regarding locations, dates, and times Exports, Imports, Transportation. that was present in the past, but may will be published in a forthcoming have been lost over time (2) biological Federal Register notice. Dated: March 28, 2005. William T. Hogarth, or other relevant data concerning any References threats to the Southern green sturgeon Assistant Administrator for Fisheries, DPS; (3) the range, distribution, and A complete list of all references cited National Marine Fisheries Service. abundance of the Southern DPS; (4) herein is available upon request (see For the reasons set out in the current or planned activities within the ADDRESSES section). preamble, 50 CFR part 223 is proposed to be amended as follows: range of the Southern DPS and their Classification possible impact on the Southern DPS; and (5) efforts being made to protect the National Environmental Policy Act PART 223—THREATENED MARINE AND ANADROMOUS SPECIES Southern DPS. The 1982 amendments to the ESA, in We are also requesting quantitative section 4(b)(1)(A), restrict the 1. The authority citation for part 223 evaluations describing the quality and information that may be considered continues to read as follows: extent of freshwater and marine habitats when assessing species for listing. Based for juvenile and adult green sturgeon as Authority: 16 U.S.C. 1531 1543; subpart B, on this limitation of criteria for a listing § 223.12 also issued under 16 U.S.C. 1361 et well as information on areas that may decision and the opinion in Pacific seq. qualify as critical habitat in California Legal Foundation v. Andrus, 675 F. 2d 2. In § 223.102, amend paragraph (a) for the proposed Southern DPS. Specific 825 (6th Cir. 1981), we have concluded by adding and reserving paragraph areas that include the physical and that ESA listing actions are not subject (a)(23) and paragraph (a)(24) and adding biological features essential to the to the environmental assessment a new paragraph (a)(25) to read as recovery of the DPS should be requirements of the National follows: identified. We recognize that there are Environmental Policy Act. (See NOAA areas within the proposed boundaries of Administrative Order 216 6.) § 223.102 Enumeration of threatened the Southern DPS that historically marine and anadromous species. constituted green sturgeon habitat, but Executive Order 12866, Regulatory (a) * * * may not be currently occupied by green Flexibility Act and Paperwork (25) North American green sturgeon– sturgeon. We are requesting information Reduction Act southern DPS (Acipenser medirostris). about these currently unoccupied areas As noted in the Conference Report on California. The southern DPS includes to help us determine whether these the 1982 amendments to the ESA, all spawning populations of green

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sturgeon south of the Eel River • Fax: 727–824–5308, Attention: Peter increases in effort, to possibly reduce (exclusive), principally including the Hood. the number of permittees in the reef fish Sacramento River green sturgeon Copies of Amendment 24, which fishery, and to stabilize the economic spawning population. includes an Environmental Assessment, performance of current participants, * * * * * a Regulatory Impact Review, and an while protecting reef fish species from [FR Doc. 05–6611 Filed 4–5–05; 8:45 am] Initial Regulatory Flexibility Analysis, overfishing. The existing restricted BILLING CODE 3510–22–S are available from the Gulf of Mexico number of fishery participants in the Fishery Management Council, 3018 Gulf of Mexico has demonstrated the North U.S. Highway 301, Suite 1000, capability of harvesting their total DEPARTMENT OF COMMERCE Tampa, FL 33619–2272; email: allowable catch well in advance of the [email protected]. end of the various fishing seasons. National Oceanic and Atmospheric FOR FURTHER INFORMATION CONTACT: Administration Allowing the fishery to revert to open Peter Hood, 727–824–5305; fax 727– access would probably hasten these 824–5308; e-mail: [email protected]. 50 CFR Part 622 closures. The proposed limited access SUPPLEMENTARY INFORMATION: A system would maintain the existing [I.D. 033105A] moratorium on the issuance of new restricted access to the fishery for an RIN 0648–AS69 commercial reef fish permits was indefinite period, with the intent to established in 1992 under Amendment provide continued social and economic Fisheries of the Caribbean, Gulf of 4 to the Reef Fish Fishery Management stability to the reef fish fishery. Mexico, and South Atlantic; Reef Fish Plan (April 8, 1992; 57 FR 11914). The A proposed rule that would Resources of the Gulf of Mexico; moratorium was designed to provide a implement the measure outlined in Amendment 24 stable environment in the fishery for the evaluation and development of a more Amendment 24 has been received from AGENCY: National Marine Fisheries comprehensive, controlled access the Council. In accordance with the Service (NMFS), National Oceanic and system for the entire commercial reef Magnuson-Stevens Fishery Atmospheric Administration (NOAA), fish fishery. The moratorium was Conservation and Management Act Commerce. subsequently extended through 1995 (Magnuson-Stevens Act), NMFS is ACTION: Notice of availability; request (Amendment 9) (August 2, 1994; 59 FR evaluating the Council’s proposed rule for comments. 39301) and to December 31, 2000 to determine whether it is consistent SUMMARY: NMFS announces the (Amendment 11) (December 15, 1995; with the FMP, the Magnuson-Stevens availability of Amendment 24 to the 60 FR 674350), to provide additional Act, and other applicable law. If that Fishery Management Plan (FMP) for the time for consideration of implementing determination is affirmative, NMFS will Reef Fish Resources of the Gulf of a limited access system in the reef fish publish the proposed rule in the Federal Mexico (Amendment 24) prepared by fishery. During this period, the Council Register for public review and the Gulf of Mexico Fishery Management developed an individual transferable comment. Council (Council). Amendment 24 quota (ITQ) system for red snapper Comments received by June 6, 2005, would establish a limited access system (Amendment 8); however, before it whether specifically directed to the could be implemented, Congress for the Gulf of Mexico commercial reef Amendment 24 or the proposed rule, prohibited the implementation of ITQ fish fishery. The intended effect of will be considered by NMFS in its systems until October 1, 2000. Amendment 24 is to support the decision to approve, disapprove, or Council’s efforts to achieve optimum Subsequently, the Council developed partially approve Amendment 24. yield in the fishery, and provide social and NMFS implemented a license Comments received after that date will and economic benefits associated with limitation system for red snapper maintaining stability in the fishery. (Amendment 15) (62 FR 67714). not be considered by NMFS in this decision. All comments received by DATES: Written comments must be Amendment 17 was implemented by received no later than 5 p.m., eastern NMFS on August 10, 2000 (65 FR NMFS on the amendment or the time, on June 6, 2005. 41016), and extended the commercial proposed rule during their respective comment periods will be addressed in a ADDRESSES: You may submit comments reef fish permit moratorium for another by any of the following methods: 5 years, from its previous expiration final rule. • E-mail: 0648–[email protected]. date of December 31, 2000 to December Authority: 16 U.S.C. 1801 et seq. Include in the subject line the following 31, 2005, or until replaced with a Dated: April 1, 2005. document identifier: 0648–AS69–NOA. license limitation, limited access, and/ • Federal e-Rulemaking Portal: http:// or individual fishing quota or individual Alan D. Risenhoover, www.regulations.gov. Follow the transferable quota system. Acting Director, Office of Sustainable instructions for submitting comments. Amendment 24, if implemented, Fisheries, National Marine Fisheries Service. • Mail: Peter Hood, Southeast would establish a limited access system [FR Doc. 05–6842 Filed 4–5–05; 8:45 am] th Regional Office, NMFS, 263 13 for the commercial fishery for reef fish. BILLING CODE 3510–22–S Avenue South, St. Petersburg, FL 33701. The intended effect would be to prevent

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Notices Federal Register Vol. 70, No. 65

Wednesday, April 6, 2005

This section of the FEDERAL REGISTER the collection of information unless it Total Burden Hours: 667. contains documents other than rules or displays a currently valid OMB control Ruth Brown, proposed rules that are applicable to the number. public. Notices of hearings and investigations, Departmental Information Collection committee meetings, agency decisions and Forest Service Clearance Officer. rulings, delegations of authority, filing of [FR Doc. 05–6787 Filed 4–5–05; 8:45 am] petitions and applications and agency Title: Public Perceptions of Wildfire BILLING CODE 3410–11–M statements of organization and functions are Management Within the Southern examples of documents appearing in this California Wildland-Urban Interface. section. OMB Control Number: 0596–NEW. DEPARTMENT OF AGRICULTURE Summary of Collection: Recent Forest Service DEPARTMENT OF AGRICULTURE wildfires in the Western United States and the resultant public response to the Newspapers Used for Publication of Submission for OMB Review; devastation caused by them highlights Legal Notices by the Intermountain Comment Request the need for understanding the human Region; Utah, , Nevada, and March 31, 2005. dimensions of forest and wildfire Wyoming management. Because the impacts of The Department of Agriculture has AGENCY: Forest Service, USDA. wildland fire extend beyond public land submitted the following information ACTION: Notice. collection requirement(s) to OMB for boundaries into the private SUMMARY: review and clearance under the communities lying on their periphery, This notice lists the Paperwork Reduction Act of 1995, Pub. understanding their response to the loss newspapers that will be used by the L. 104–13. Comments regarding: (a) of public and private property is ranger districts, forests and regional Whether the collection of information is important. Public land management office of the Intermountain Region to necessary for the proper performance of agencies need a better understanding of publish legal notices required under 36 the functions of the agency, including local preferences for management CFR parts 215, 217, and 218. The whether the information will have opinions and of community needs, intended effect of this action is to practical utility; (b) the accuracy of the particularly from those residing within inform interested members of the public agency’s estimate of burden including the wildland-urban interface. which newspapers the Forest Service the validity of the methodology and Information will be collected from will use to publish notices of proposed assumptions used; (c) ways to enhance residents of communities adjacent to a actions and notices of decision. This will provide the public with the quality, utility and clarity of the National Forest in Southern California constructive notice of Forest Service information to be collected; (d) ways to and from visitors to the same National minimize the burden of the collection of proposals and decisions, provide Forest area. The Forest Service (FS) will information on the procedures to information on those who are to collect information using a self- respond, including through the use of comment or appeal, and establish the administered questionnaire and onsite date that the Forest Service will use to appropriate automated, electronic, interviews. The authorities for this mechanical, or other technological determine if comments or appeals were collect can be found at Pub. L. 95–307, timely. collection techniques or other forms of Forest and Rangeland Renewable information technology should be DATES: Publication of legal notices in Resources Research Act of 1978 and the listed newspapers will begin on or addressed to: Desk Officer for Pub. L. 108–148, Healthy Forest Agriculture, Office of Information and after April 1, 2005. The list of Initiative and Healthy Forests Regulatory Affairs, Office of newspapers will remain in effect until Restoration Act. Management and Budget (OMB), October 1, 2005, when another notice [email protected] or Need and Use of the Information: The will be published in the Federal fax (202) 395–5806 and to Departmental information collected will provide forest Register. Clearance Office, USDA, OCIO, Mail managers with greater understanding of FOR FURTHER INFORMATION CONTACT: Stop 7602, Washington, DC 20250– public attitudes, preferences, and Priscilla McLain, Regional Appeals 7602. Comments regarding these behaviors related to the FS’ wildland Coordinator, Intermountain Region, 324 information collections are best assured fire management practices and policies, 25th Street, Ogden, UT 84401, and of having their full effect if received information about respondent’s own phone (801) 625–5146. within 30 days of this notification. behavior related to hazard reduction SUPPLEMENTARY INFORMATION: The Copies of the submission(s) may be and preparedness, and respondents’ administrative procedures at 36 CFR obtained by calling (202) 720–8681. knowledge of FS fire management parts 215, 217, and 218 require the An agency may not conduct or program, such as Firewise. Forest Service to publish notices in a sponsor a collection of information Description of Respondents: newspaper of general circulation. The unless the collection of information Individuals or households; Federal content of the notices is specified in 36 displays a currently valid OMB control Government. CFR parts 215, 217 and 218. In general, number and the agency informs the notices will identify: The decision potential persons who are to respond to Number of Respondents: 2,000. or project, by title or subject matter; the the collection of information that such Frequency of Responses: Reporting: name and title of the official making the persons are not required to respond to On occasion. decision; how to obtain additional

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information; and where and how to file Big Piney District Ranger decisions: Humboldt-Toiyabe National Forests comments or appeals. The date the Casper Star-Tribune, Casper, Humboldt-Toiyabe Forest Supervisor notice is published will be used to Wyoming. decisions for the Humboldt portion: establish the official date for the Buffalo District Ranger decisions: Elko Daily Free Press, Elko, Nevada. beginning of the comment or appeal Casper Star-Tribune, Casper, Humboldt-Toiyabe Forest Supervisor period. The newspapers to be used are Wyoming. decisions for the Toiyabe portion: as follows: Greys River District Ranger decisions: Reno Gazette-Journal, Reno, Nevada. Casper Star-Tribune, Casper, Regional Forester, Intermountain Austin District Ranger decisions: The Wyoming. Region Battle Mountain Bugle, Battle Jackson District Ranger decisions: Mountain, Nevada. For decisions made by the Regional Casper Star-Tribune, Casper, Bridgeport District Ranger decisions: Forester affecting National Forests in Wyoming. Mammoth Times, Mammoth Lakes, Idaho: Idaho Statesman, Boise, Idaho. Kemmerer District Ranger decisions: California. For decisions made by the Regional Casper Star-Tribune, Casper, Carson District Ranger decisions: Reno Forester affecting National Forests in Wyoming. Gazette-Journal, Reno, Nevada. Nevada: Reno Gazette-Journal, Reno, Pinedale District Ranger decisions: Ely District Ranger decisions: The Ely Nevada. Casper Star-Tribune, Casper, Times, Ely, Nevada. For decisions made by the Regional Wyoming. Jarbidge District Ranger decisions: Elko Forester affecting National Forests in Daily Free Press, Elko, Nevada. Wyoming: Casper Star-Tribune, Caribou-Targhee National Forest Mountain City District Ranger decisions: Casper, Wyoming. Caribou-Targhee Forest Supervisor Elko Daily Free Press, Elko, Nevada. For decisions made by the Regional decisions for the Caribou portion: Ruby Mountains District Ranger Forester affecting National Forests in Idaho State Journal, Pocatello, Idaho. decisions: Elko Daily Free Press, Elko, Utah: Salt Lake Tribune, Salt Lake Caribou-Targhee Forest Supervisor Nevada. City, Utah decisions for the Targhee portion: Santa Rosa District Ranger decisions: Post Register, Idaho Falls, Idaho. Humboldt Sun, Winnemucca, Nevada. For decisions made by the Regional Spring Mountains National Recreation Ashton District Ranger decisions: Post Forester that affect all National Area District Ranger decisions: Las Register, Idaho Falls, Idaho. Forests in the Intermountain Region: Vegas Review Journal, Las Vegas, Dubois District Ranger decisions: Post Salt Lake Tribune, Salt Lake City, Nevada. Utah. Register, Idaho Falls, Idaho. Tonopah District Ranger decisions: Island Park District Ranger decisions: Ashley National Forest Tonopah Times Bonanza-Goldfield Post Register, Idaho Falls, Idaho. News, Tonopah, Nevada. Ashley Forest Supervisor decisions: Montpelier District Ranger decisions: Vernal Express, Vernal, Utah. Idaho State Journal, Pocatello, Idaho. Manti-LaSal National Forest Duchesne District Ranger decisions: Palisades District Ranger decisions: Post Manti-LaSal Forest Supervisor Uinta Basin Standard, Roosevelt, Register, Idaho Falls, Idaho. decisions: Sun Advocate, Price, Utah. Utah. Soda Springs District Ranger decisions: Ferron District Ranger decisions: Emery Flaming Gorge District Ranger for Idaho State Journal, Pocatello, Idaho. County Progress, Castle Dale, Utah. decisions affecting Wyoming: Rocket Teton Basin District Ranger decisions: Moab District Ranger decisions: Times Miner, Rock Springs, Wyoming. Post Register, Idaho Falls, Idaho. Independent, Moab, Utah. Flaming Gorge District Ranger for Westside District Ranger decisions: Monticello District Ranger decisions: decisions affecting Utah: Vernal Idaho State Journal, Pocatello, Idaho. San Juan Record, Monticello, Utah. Express, Vernal, Utah. Price District Ranger decisions: Sun Dixie National Forest Roosevelt District Ranger decisions: Advocate, Price, Utah. Uinta Basin Standard, Roosevelt, Dixie Forest Supervisor decisions: Daily Sanpete District Ranger decisions: Utah. Spectrum, St. George, Utah. Sanpete Messenger, Manti, Utah. Vernal District Ranger decisions: Vernal Cedar City District Ranger decisions: Payette National Forest Express, Vernal, Utah. Daily Spectrum, St. George, Utah. Escalante District Ranger decisions: Payette Forest Supervisor decisions: Boise National Forest Daily Spectrum, St. George, Utah. Idaho Statesman, Boise, Idaho. Council District Ranger decisions: Boise Forest Supervisor decisions: Pine Valley District Ranger decisions: Adams County Record, Council, Idaho Statesman, Boise, Idaho. Daily Spectrum, St. George, Utah. Cascade District Ranger decisions: Long Idaho. Powell District Ranger decisions: Daily Krassel District Ranger decisions: Star Valley Advocate, Cascade, Idaho. Spectrum, St. George, Utah. News, McCall, Idaho. Emmett District Ranger decisions: Teasdale District Ranger decisions: McCall District Ranger decisions: Star Messenger-Index, Emmett, Idaho. Richfield Reaper, Richfield, Utah. News, McCall, Idaho. Idaho City District Ranger decisions: Fishlake National Forest New Meadows District Ranger Idaho Statesman, Boise, Idaho. decisions: Star News, McCall, Idaho. Lowman District Ranger decisions: Fishlake Forest Supervisor decisions: Weiser District Ranger decisions: Signal Idaho World, Garden Valley, Idaho. Richfield Reaper, Richfield, Utah. American, Weiser, Idaho. Mountain Home District Ranger Beaver District Ranger decisions: decisions: Idaho Statesman, Boise, Richfield Reaper, Richfield, Utah. Salmon-Challis National Forest Idaho. Fillmore District Ranger decisions: Salmon-Challis Forest Supervisor Richfield Reaper, Richfield, Utah. decisions for the Salmon portion: The Bridger-Teton National Forest Loa District Ranger decisions: Richfield Recorder-Herald, Salmon, Idaho. Bridger-Teton Forest Supervisor Reaper, Richfield, Utah. Salmon-Challis Forest Supervisor decisions: Casper Star-Tribune, Richfield District Ranger decisions: decisions for the Challis portion: The Casper, Wyoming. Richfield Reaper, Richfield, Utah. Challis Messenger, Challis, Idaho.

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Challis District Ranger decisions: The DEPARTMENT OF AGRICULTURE Weed Management’’ project did not list Challis Messenger, Challis, Idaho. any specific issues. However, based on Leadore District Ranger decisions: The Forest Service public scoping, the issues identified for the ‘‘Pattee Canyon Weed Management Recorder-Herald, Salmon, Idaho. Forest-Wide Integrated Weed Project’’ apply to the ‘‘Forest-Wide Lost River District Ranger decisions: Management, Lolo National Forest; Integrated Weed Management’’ project The Challis Messenger, Challis, Idaho. Missoula, Mineral, Sanders, Granite, Middle Fork District Ranger decisions: Lewis and Clark, Flathead, Ravalli, as well. The public comments received The Challis Messenger, Challis, Idaho. Lake and Powell Counties, MT for the ‘‘Pattee Canyon Weed Management Project’’ will be North Fork District Ranger decisions: AGENCY: Forest Service, USDA. incorporated into the ‘‘Forest-Wide The Recorder-Herald, Salmon, Idaho. ACTION: Revised Notice: intent to Integrated Weed Management’’ project. Salmon/Cobalt District Ranger prepare an environmental impact The August 4, 2004 Federal Register decisions: The Recorder-Herald, statement (EIS). Notice is hereby amended to include Salmon, Idaho. them. Yankee Fork District Ranger decisions: SUMMARY: This is a revision of a Notice The August 4, 2004 Notice is further The Challis Messenger, Challis, Idaho. of Intent originally published in the Federal Register on August 4, 2004. amended to also include the following Sawtooth National Forest This revision also hereby withdraws additional issues: Sawtooth Forest Supervisor decisions: another Notice of Intent, originally 1. Recognizing that invasive weeds The Times News, Twin Falls, Idaho. published in the Federal Register on are spreading rapidly in Western August 31, 2004, and incorporates that Fairfield District Ranger decisions: The , what effect will invasive project into this one. Times News, Twin Falls, Idaho. weeds have on wildlife and native plant The original Notice of August 4, 2004 communities? Ketchum District Ranger decisions: for the ‘‘Forest-Wide Integrated Weed 2. What potential adverse effects Idaho Mountain Express, Ketchum, Management’’ project stated the Forest Idaho. Service would prepare an might herbicides have on wildlife, fish Minidoka District Ranger decisions: The environmental impact statement to and water quality? Times News, Twin Falls, Idaho. address noxious weeds on a maximum DATES: Comments concerning this Sawtooth National Recreation Area: The of 15,000 acres per year on the Lolo revision should be received in writing Challis Messenger, Challis, Idaho. National Forest, using aerial and ground within 30 days of this Notice’s application of herbicides, biological and Uinta National Forest publication. Persons who have already manual control methods. commented on either the original Uinta Forest Supervisor decisions: The The Notice of August 31, 2004 for the Notices of Intent do not need to Daily Herald, Provo, Utah. ‘‘Pattee Canyon Weed Management resubmit those comments. Project’’ stated the Forest Service would Heber District Ranger decisions: The prepare an environmental impact ADDRESSES: The responsible official is Daily Herald, Provo, Utah. statement to control invasive weeds on Deborah L. R. Austin, Forest Supervisor, Pleasant Grove District Ranger approximately 2,500 acres of land near Lolo National Forest, Supervisor’s decisions: The Daily Herald, Provo, Missoula, Montana, using aerial and Office, Building 24, Fort Missoula; Utah. ground applications of herbicides, Missoula, MT 59804. Phone (406) 329– Spanish Fork District Ranger decisions: biological control agents, and 3797. The Daily Herald, Provo, Utah. revegetation. FOR FURTHER INFORMATION CONTACT: Wasatch-Cache National Forest This revision withdraws the ‘‘Pattee Canyon Weed Management Project’’ as a Andy Kulla, Resource Assistant, Wasatch-Cache Forest Supervisor separate project, and combines it into Missoula Ranger District, at (406) 329– decisions: Salt Lake Tribune, Salt the ‘‘Forest-Wide Integrated Weed 3962. Please direct written comments to Lake City, Utah. Management’’ project. The reason for him at Missoula Ranger District; Evanston District Ranger decisions: the change is to make the analysis more Building 24A, Fort Missoula; Missoula, Uinta County Herald, Evanston, efficient, because the ‘‘Pattee Canyon MT 59804. Wyoming. Weed Management Project’’ area is SUPPLEMENTARY INFORMATION: Further wholly within the ‘‘Forest-Wide Kamas District Ranger decisions: Salt information about the proposal can be Integrated Weed Management’’ project Lake Tribune, Salt Lake City, Utah. found in the original Notice of Intent. area, because the proposed weed Another formal opportunity to comment Logan District Ranger decisions: Logan management methods and aims are the will be provided following completion Herald Journal, Logan, Utah. same for both projects, and because Mountain View District Ranger undertaking two analyses would be less of the Draft Environmental Impact decisions: Uinta County Herald, efficient. Statement (DEIS). The DEIS will be Evanston, Wyoming. The issues identified in the August available for public review by the fall of Ogden District Ranger decisions: Ogden 31, 2004 Federal Register Notice for the 2005. The Final Environmental Impact Standard Examiner, Ogden, Utah. ‘‘Pattee Canyon Weed Management Statement (FEIS) will be filed by the fall of 2006. The responsible official will Salt Lake District Ranger decisions: Salt Project’’ included the effectiveness of make a decision on this proposal after Lake Tribune, Salt Lake City, Utah. the proposed treatments, potential risks to human health and safety associated considering comments and responses, Dated: March 23, 2005. with herbicides, and the potential environmental consequences discussed Jack G. Troyer, adverse effects of herbicides on native in the FEIS and applicable laws, Regional Forester. vegetation. regulations and policies. The decision [FR Doc. 05–6756 Filed 4–5–05; 8:45 am] The August 4, 2004 Federal Register and reasons for the decision will be BILLING CODE 3410–11–P Notice for the ‘‘Forest-Wide Integrated documented in a Record of Decision.

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Dated: March 22, 2005. SUMMARY: The Land Between The Lakes DATES: April 18, 2005. Deborah L.R. Austin, Advisory Board will hold a meeting on ADDRESSES: The meetings will be held at Forest Supervisor, Lolo National Forest. Thursday, April 28, 2005. Notice of this meeting is given under the Federal the Trinity County Office of Education, [FR Doc. 05–6785 Filed 4–5–05; 8:45 am] 201 Memorial Drive, Weaverville, BILLING CODE 3410–11–M Advisory Committee Act, 5 U.S.C. App.2. California. DATES: The meeting will be held on FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF AGRICULTURE Thursday, April 28, 2005, 8:30 a.m. to Michael R. Odle, Assistant Public 3:30 p.m., c.s.t. Forest Service Affairs Officer and RAC Coordinator. ADDRESSES: The meeting will be held at Dam Village State Resort Park, SUPPLEMENTARY INFORMATION: The Intergovernmental Advisory meetings are open to the public. Public Committee Meeting, Northwest Forest Gilbertsville, KY, and will be open to input sessions will be provided and Plan the public. FOR FURTHER INFORMATION CONTACT: individuals will have the opportunity to AGENCY: Forest Service, USDA. Sharon Byers, Advisory Board Liaison, address the Trinity County Resource ACTION: Notice of meeting. Land Between The Lakes, 100 Van Advisory Committee. Morgan Drive, Golden Pond, Kentucky SUMMARY: The Intergovernmental Dated: March 31, 2005. Advisory Committee (IAC), Northwest 42211, (270) 924–2002. Thomas A. Contreras, Forest Plan (NWFP), has scheduled a SUPPLEMENTARY INFORMATION: The Deputy Forest Supervisor. meeting agenda includes the following: meeting on April 21, 2005 from 8 a.m. [FR Doc. 05–6782 Filed 4–5–05; 8:45 am] to 12 noon at the Washington (1) Welcome/Introductions/Agenda. (2) Advisory Board By-Laws and BILLING CODE 3410–11–M Conference Room, Jantzen Beach Charter. DoubleTree Hotel, 909 N Hayden Island (3) Membership Orientation/Lessons Drive, Portland, OR 97217, 503–283– Learned. DEPARTMENT OF AGRICULTURE 4466. The purpose of the meeting is to (4) Land and Resource Management review key findings and trends from the Plan Update. Forest Service April 19–20, 2005 Science and the (5) Nature Watch. Northwest Forest Plan, Knowledge (6) Board Discussion of Comments Shasta County Resource Advisory Gained Over a Decade conference (see Received. Committee http://outreach.cof.orst.edu/ (7) LBL Updates. nwforestplan/index.php) and collect The meeting is open to the public. AGENCY: Forest Service, USDA advice regarding the findings and how Written comments are invited and may ACTION: Notice of meeting they may be used to improve NWFP be mailed to: William P. Lisowsky, Area implementation. Supervisor, Land Between The Lakes, The meeting is open to the public and 100 Van Morgan Drive, Golden Pond, SUMMARY: The Shasta County Resource fully accessible for people with Kentucky 42211. Written comments Advisory Committee (RAC) will meet at disabilities. A 15-minute time slot is must be received at Land Between The the USDA Service Center in Redding, reserved for public comments at 8:30 Lakes by April 20, 2005, in order for California, May 4–5, June 1 and July 5 a.m. Interpreters are available upon copies to be provided to the members at of 2005. The purpose of this meeting is request at least 10 days prior to the the meeting. Board members will review to discuss proposed projects under Title meeting. Written comments may be written comments received, and at their II of the Secure Rural Schools and submitted for the meeting record. request, oral clarification may be Community Self-Determination Act of Interested persons are encouraged to requested at a future meeting. 2000. attend. William P. Lisowsky, DATES: May 4–5, June 1, and July 5 of FOR FURTHER INFORMATION CONTACT: Area Supervisor, Land Between The Lakes. 2005. Questions regarding this meeting may [FR Doc. 05–6784 Filed 4–5–05; 8:45 am] be directed to Kath Collier, Management ADDRESSES: The meetings will be held at BILLING CODE 3410–11–P Analyst, Regional Ecosystem Office, 333 the USDA Service Center, 3644 Avtech SW., First Avenue, P.O. Box 3623, Parkway, Redding, California. Portland, OR 97208 (telephone: 503– DEPARTMENT OF AGRICULTURE 808–2165). FOR FURTHER INFORMATION CONTACT: Forest Service Michael R. Odle, Assistant Public Dated: March 31, 2005. Affairs Officer and RAC Coordinator. Anne Badgley, Trinity County Resource Advisory SUPPLEMENTARY INFORMATION: The Designated Federal Official. Committee [FR Doc. 05–6769 Filed 4–5–05; 8:45 am] meetings are open to the Public. Public BILLING CODE 3410–11–P AGENCY: Forest Service, USDA. input sessions will be provided and ACTION: Notice of meeting. individuals will have the opportunity to address the Shasta County Resource DEPARTMENT OF AGRICULTURE SUMMARY: The Trinity County Resource Advisory Committee. Advisory Committee (RAC) will meet at Forest Service the Trinity County Office of Education Dated: March 31, 2005. in Weaverville, California, April 18, J. Sharon Heywood, Meeting of the Land Between The 2005. The purpose of this meeting is to Forest Supervisor. Lakes Advisory Board discuss proposed projects under Title II [FR Doc. 05–6783 Filed 4–5–05; 8:45 am] AGENCY: Forest Service, USDA. of the Secure Rural Schools and BILLING CODE 3410–11–M Community Self-Determination Act of ACTION: Notice of meeting. 2000.

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DEPARTMENT OF COMMERCE Background manufactured merchandise, due to On March 12, 2002, the Department complexities of calculating further International Trade Administration published the antidumping duty order manufacturing costs for all of INAL’s on certain hot–rolled flat–rolled carbon sales of further manufactured hot–rolled A–351–828 quality steel products from Brazil. See steel. CSN stated that the Department Antidumping Duty Order: Certain Hot– could then decide whether to use these Certain Hot–Rolled Flat–Rolled Carbon Rolled Flat–Rolled Carbon Quality Steel sales in its analysis based on whether Quality Steel Products from Brazil; Products from Brazil, 67 FR 11093 CSN’s sales to INAL pass the arm’s Preliminary Results of Antidumping (March 12, 2002) (‘‘AD Order’’). On length test. On June 4, 2004, the Duty Administrative Review March 1, 2004, the Department Department responded to CSN’s requests by 1) agreeing to limit the AGENCY: Import Administration, published the opportunity to request administrative review of, inter alia, reporting period for home market sales International Trade Administration, to the six-month window of the U.S. certain hot–rolled flat–rolled carbon Department of Commerce. sale; 2) rejecting CSN’s request to report quality steel products from Brazil for the SUMMARY: In response to a request from costs for the 2003 fiscal year; 3) rejecting period March 1, 2003, through February Companhia Sideru´ rgica Nacional (CSN), CSN’s request to limit its period for 29, 2004. See Antidumping or the Department of Commerce (the reporting further manufacturing costs to Countervailing Duty Order, Finding, or Department) is conducting an one month; and 4) allowing CSN to Suspended Investigation; Opportunity administrative review of the report its home market sales to INAL to Request Administrative Review, 69 antidumping duty order on certain hot– instead of downstream sales, if these FR 9584 (March 1, 2004). pass the arm’s length test. rolled flat–rolled carbon quality steel In accordance with 19 CFR products from Brazil (A–351–828). This CSN submitted its response to section 351.213(b)(2), on March 31, 2004, CSN A of the Department’s questionnaire on administrative review covers imports of requested that we conduct an subject merchandise produced and June 15, 2004, and its responses to administrative review of its sales of the sections B and C on July 6, 2004. On exported by CSN. The period of review subject merchandise. On April 28, 2004, (POR) is March 1, 2003, through July 30, 2004, United States Steel the Department published in the Corporation, a petitioner, submitted February 29, 2004. Federal Register a notice of initiation of We preliminarily find that during the comments challenging the validity of this antidumping duty administrative this review. The petitioner specifically POR, CSN did not make sales of the review covering the period March 1, subject merchandise at less than normal questioned whether the subject 2003, through February 29, 2004. See merchandise exported to the United value (NV). However, since the subject Initiation of Antidumping and merchandise was further manufactured States was actually manufactured by Countervailing Duty Administrative CSN, alleging that another Brazilian in the United States by CSN LLC, and Reviews, 69 FR 23170 (April 28, 2004). affiliated party, and sold to an company was the manufacturer of the On May 10, 2004, the Department imports in question. The Department unaffiliated U.S. customer as a issued its antidumping duty galvanized product outside the scope of issued a supplemental section A, B, and questionnaire to CSN. On May 24, 2004, C questionnaire on August 10, 2004, in the antidumping order, we intend to CSN requested that the Department verify the further manufacturing costs which it informed CSN that its sales to agree to a limited home market INAL had failed the arm’s length test and sales information reported by CSN reporting period, because the review in and that it was required to report INAL’s LLC for the final results. The briefing question only involved a single sale. downstream sales. CSN filed its schedule will be extended accordingly. Therefore, instead of providing the response on August 31, 2004, and If these preliminary results are adopted Department with home market sales submitted a revised sales listing on in the final results of this administrative throughout the POR, CSN proposed September 7, 2004, that included review, we will instruct U.S. Customs reporting home market sales made INAL’s sales to unaffiliated parties. The and Border Protection (CBP) to liquidate during the same six month ‘‘window’’ Department received the sales appropriate entries without regard to period as the U.S. sale, namely, reconciliation package from CSN on antidumping duties. November 2003, through April 2004. In October 12, 2004, and on October 15, Interested parties are invited to the same letter, CSN also informed the 2004, it issued its outline and agenda for comment on these preliminary results, Department that it intended to prepare the sales verification. including the Department’s analysis a section D response to reflect costs of During the most recently completed regarding the date of sale. Parties who production during the 2003 fiscal year, segment of the proceeding in which submit argument in this proceeding are not the POR. CSN explained that the CSN participated, the antidumping requested to submit with the argument: subject merchandise sold to the U.S. administrative review of the suspension 1) a statement of the issues, 2) a brief market was all further–processed and agreement, the Department found and summary of the argument, and 3) a table sold as non–subject merchandise in the disregarded sales that failed the cost of authorities. United States by its U.S. affiliate, CSN test. See Certain Hot–Rolled Flat–Rolled EFFECTIVE DATE: April 6, 2005. LLC, before delivery to the unaffiliated Carbon Quality Steel Products from customer, and requested that it be Brazil: Preliminary Results of FOR FURTHER INFORMATION CONTACT: allowed to limit its reporting of U.S. Antidumping Duty Administrative Helen Kramer or Kristin Najdi, AD/CVD production costs to the actual month of Review of Suspension Agreement, 66 FR Operations, Office 7, Import production, instead of relying on the 41500 (August 8, 2001) (‘‘Suspension Administration, International Trade production experience for the entire Agreement’’). Pursuant to section Administration, U.S. Department of twelve-month POR. Finally, CSN 773(b)(2)(A)(ii) of the Tariff Act of 1930, Commerce, 14th Street and Constitution requested that the Department allow as amended (the Act), we had Avenue, NW, Washington, DC 20230, CSN to report its sales to its home reasonable grounds to believe or suspect telephone: (202) 482–0405 or (202) 482– market affiliate, Indu´ tria Nacional de that sales by this company of the foreign 8221, respectively. Ac¸os Laminados INAL S.A. (INAL), like product under consideration for the SUPPLEMENTARY INFORMATION: instead of downstream sales of further determination of NV in this review were

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made at prices below the cost of to Neal M. Halper, Director, Office of 7211.19.45.00, 7211.19.60.00, production (COP). Therefore, we Accounting, Through Theresa Caherty, 7211.19.75.30, 7211.19.75.60, instructed CSN to also complete Program Manager, From Trinette Ruffin, 7211.19.75.90, 7212.40.10.00, sections D and E of the Department’s Accountant: Verification Report on the 7212.40.50.00, and 7212.50.00.00 of the initial questionnaire, issued May 10, Cost of Production and Constructed Harmonized Tariff Schedule of the 2004. CSN submitted its responses to Value Data Submitted by Companhia United States (HTSUS). Certain hot– these sections on July 14, 2004. Import Sideru´ rgica Nacional, dated March 31, rolled flat–rolled carbon–quality steel Administration’s Office of Accounting 2005 (Cost Verification Report). covered by this agreement, including issued a supplemental questionnaire We intend to verify at CSN LLC’s vacuum degassed and fully stabilized, regarding CSN’s responses to sections D plant in Terre Haute, Indiana, all high strength low alloy, and the and E on October 26, 2004 and on information pertaining to the U.S. sales substrate for motor lamination steel may November 24, 2004, CSN submitted its and further manufacturing costs also enter under tariff numbers supplemental response. incurred in the United States. 7225.11.00.00, 7225.19.00.00, On October 18, 2004, Nucor Period of Review 7225.30.30.50, 7225.30.70.00, Corporation (Nucor), a domestic 7225.40.70.00, 7225.99.00.90, interested party, requested that the The POR is March 1, 2003, through 7226.11.10.00, 7226.11.90.30, Department rescind the instant review. February 29, 2004. 7226.11.90.60, 7226.19.10.00, Nucor alleged that the date of the only Scope of the Order 7226.19.90.00, 7226.91.50.00, reported POR sale by CSN fell outside 7226.91.70.00, 7226.91.80.00, and of the POR, thus invalidating this entire For purposes of this order, the 7226.99.00.00. Although the HTSUS segment of the proceeding. products covered are certain hot–rolled subheadings are provided for flat–rolled carbon–quality steel Because it was not practicable to convenience and CBP purposes, the products, meeting the physical complete the preliminary results of this written description of the scope of the parameters described below, regardless review within the normal time frame, order is dispositive. we fully extended the time limit for this of application. review until March 31, 2005. See Notice The hot–rolled flat–rolled carbon– Fair Value Comparisons of Extension of Time Limit for quality steel products subject to this To determine whether CSN made Preliminary Results of Antidumping review are of a rectangular shape, of a sales of hot–rolled flat–rolled carbon Duty Administrative Review: Certain width of 0.5 inch of greater, neither quality steel to the United States at less Hot–Rolled Carbon Steel Flat Products clad, plated, nor coated with metal and than fair value, we compared the from Brazil, 69 FR 60142 (October 7, whether or not painted, varnished, or constructed export price (CEP) to the 2004). coated with plastics of other non– NV, as described in the ‘‘Constructed metallic substances, in coils (whether or Verification Export Price’’ and ‘‘Normal Value’’ not in successively superimposed sections of this notice, below. In As provided in section 782(i) of the layers) regardless of thickness, and in accordance with section 777A(d)(2) of Act, we verified the sales and cost straight lengths, of a thickness less than the Act, we compared the CEP of the information provided by CSN for use in 4.75 mm and of a width measuring at single U.S. transaction falling within the our preliminary results using standard least 10 times the thickness. Specifically period of review to monthly weighted– verification procedures, including on– included in this scope are vacuum average NVs. site inspection of the manufacturer’s degassed, fully stabilized (IF) steels, facilities and the examination of high strength low alloy (HSLA) steels, Product Comparisons relevant sales and financial records. We and the substrate for motor lamination In accordance with section 771(16) of verified CSN’s sales responses from steels. Steel products to be included in the Act, we considered all products October 25, 2004, through October 29, the scope of this agreement, regardless produced by CSN covered by the 2004, and cost responses from February of HTSUS definitions, are products in descriptions in the ‘‘Scope of the Order’’ 21, 2005, through February 25, 2005, at which: (1) iron predominates, by section of this notice to be foreign like CSN’s Presidente Vargas plant in Volta weight, over each of the other contained products for the purpose of determining Redonda, Brazil. The results of these elements; (2) the carbon content is 2 appropriate product comparisons to verifications are found in the sales percent of less, by weight; and (3) none CSN’s U.S. sale of the subject verification report dated January 6, of the elements listed below exceeds merchandise. 2005, and the cost verification report certain specified quantities. We have relied on the following dated March 31, 2005, on file in the The merchandise subject to the order eleven criteria to match U.S. sales of the Central Records Unit (CRU) of the is currently classifiable under subject merchandise to sales in Brazil of Department in room B–099 of the main subheadings 7208.10.15.00, the foreign like product: whether or not Department of Commerce Building, 14th 7208.10.30.00, 7208.10.60.00, painted, quality, carbon content, yield Street and Constitution Avenue, NW, 7208.25.30.00, 7208.25.60.00, strength, nominal thickness, width, cut– Washington, DC. See Memorandum to 7208.26.00.30, 7208.26.00.60, to-length or coil, whether or not temper the File, Through Abdelali Elouaradia, 7208.27.00.30, 7208.27.00.60, rolled, whether or not pickled, edge Program Manager, From Helen M. 7208.36.00.30, 7208.36.00.60, trim, and whether or not containing Kramer and Kristin A. Najdi, Case 7208.37.00.30, 7208.37.00.60, patterns in relief. Analysts: Verification of Home Market 7208.38.00.15, 7208.38.00.30, In order to make a valid comparison and U.S. Sales Information Submitted 7208.38.00.90, 7208.39.00.15, between the two markets, we converted by Companhia Sideru´ rgica Nacional in 7208.39.00.30, 7208.39.00.90, the quantity sold in the United States the Administrative Review of Certain 7208.40.60.30, 7208.40.60.60, from pounds (lb) to metric tons (MT), Hot–Rolled Flat–Rolled Carbon Quality 7208.53.00.00, 7208.54.00.00, and changed prices from a ‘‘per lb’’ Steel Products from Brazil for the Period 7208.90.00.00, 7210.70.30.00, basis to a ‘‘per MT’’ basis. March 1, 2003, through February 29, 7210.90.90.00, 7211.14.00.30, Since there were sales of identical 2004, dated January 6, 2005, (Sales 7211.14.00.90, 7211.19.15.00, merchandise in the home market in the Verification Report); and Memorandum 7211.19.20.00, 7211.19.30.00, same month as the date of the U.S. sale,

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we did not have to compare the U.S. on which the exporter or producer the purpose of an administrative review sale to the next most similar foreign like establishes the material terms of sale.’’’ is to establish the antidumping duty for product on the basis of the See Allied Tube, 132 F. Supp. 2d at entries, as well as to establish a new characteristics and reporting 1090. Furthermore, ‘‘as elaborated by cash deposit rate (see section 751(a)), instructions listed in the Department’s Department practice, a date other than and we are able to tie the sale occurring May 10, 2004 questionnaire. invoice date ’better reflects’ the date shortly after the end of the POR to the when ’material terms of sale’ are entry during the POR, we are using this Date of Sale established if the party shows that the U.S. sale and the corresponding home CSN requested this review on the ’material terms of sale’ undergo no market sales in the month of the U.S. basis of the date of its entry of subject meaningful change (and are not subject sale in our margin calculation. Thus, we merchandise and the date of the to meaningful change) between the are conducting this review on the basis unaffiliated U.S. customer’s purchase proposed date and the invoice date.’’ Id. of the date of entry within the POR, and order within the POR. On October 18, The CIT ruled that the plaintiff in this linking the entered subject merchandise 2004, Nucor alleged that the purchase case ‘‘failed to cite sufficient evidence to to the appropriate sale to the order did not establish the material compel a rejection of the regulatory unaffiliated U.S. customer. terms of sale because the amount of a presumption in favor of invoice date as We will instruct the CBP to liquidate surcharge imposed by CSN LLC on the the date of sale.’’ Id. See also Hornos the specific entry at the calculated rate. further manufactured merchandise was Electricos de , S.A. v. United If CSN is a respondent in an not known until the month of shipment. States, 285 F. Supp. 2d 1353, 1367–1368 administrative review covering the Nucor argued that, since shipment (CIT 2003). Thus, the Department’s period March 1, 2004, through February occurred after the POR, the final price rejection of the date of the purchase 28, 2005, we will exclude this U.S. sale to the U.S. customer was not order as the date of sale is warranted, from our margin calculation. determined until after the end of the since CSN failed to establish that the Constructed Export Price POR, and thus there was no sale for the material terms of sale were set on the Department to review. As such, they purchase order date. Therefore, for Section 772(b) of the Act defines assert that we should rescind the purposes of these preliminary results of constructed export price (CEP) as the review. review, the appropriate date of sale is price at which the subject merchandise We agree in part with Nucor. As CSN the date of the invoice, which sets the is first sold (or agreed to be sold) in the explains, the imposition of surcharges final price to the customer. United States before or after the date of was a practice that developed on an We disagree with Nucor that the importation by, or for the account of, the industry–wide basis in the United States absence of a sale during the POR is a producer or exporter of such during 2004, mainly in response to the basis for terminating this review. While merchandise, or by a seller affiliated rapidly rising cost of steel scrap, which section 751(a)(2)(A) of the Act states with the producer or exporter, to a increased production costs for non– that a dumping calculation should be purchaser not affiliated with the integrated manufacturers of steel. See performed for each entry during the producer or exporter, as adjusted under CSN’s January 31, 2005, submission, POR, section 351.213(e) of the sections 772(c) and (d). ‘‘Certain Hot–Rolled Carbon Steel Flat Department’s regulations gives the In contrast, section 772(a) of the Act Products from Brazil: CSN Response to Department flexibility in this regard by defines export price (EP) as the price at the January 18, 2005 Supplemental stating that the review can be based on which the subject merchandise is first Questionnaire,’’ on file in the CRU. entries, exports, or sales. Indeed, the sold (or agreed to be sold) before the Although the CSN LLC policy of adding Department’s normal practice for CEP date of importation by the producer or a surcharge to sales made during this sales made after importation is to exporter of the subject merchandise period was made known to CSN LLC’s examine each transaction that has a date outside of the United States to an customers in periodic bulletins of sale within the POR and to liquidate unaffiliated purchaser in the United announcing the effective date of new POR entries based on the dumping States or to an unaffiliated purchaser for surcharges, the monthly surcharges margin calculated on those POR sales. exportation to the United States, as were not explicitly linked to a See section 351.212 of the Department’s adjusted under section 772(c). predictable or market formula, and on regulations and the preamble to that In the instant review, CSN sold the date of its purchase order, the section of Antidumping Duties; subject merchandise through an customer could not anticipate the final Countervailing Duties; Final Rule, 62 FR affiliated company, CSN LLC of Terre amount due. Because CSN LLC did not 27296, 27314–15 (May 19, 1997). Haute, Indiana. CSN reported its single conclusively set the actual price on the We have also recognized that unique U.S. sale of subject merchandise as a sales until the date of the invoice, the circumstances could lead us to base the CEP transaction and explained that its material terms of sale were established margin for CEP sales on the sales U.S. affiliate, CSN LLC, further on the invoice date, and not the date of entered rather than sold during the POR. manufactured the subject merchandise. the original purchase order. This Here, the respondent requesting an The resulting product sold to the determination is consistent with 19 CFR administrative review of its POR entries unaffiliated U.S. customer falls outside 351.401(i) and the decision of the U. S. had only one entry during the POR, but the scope of this antidumping duty Court of International Trade in Allied no POR sales upon which to calculate order. Tube and Conduit Corp. v. United a dumping margin for that entry. After reviewing the evidence on the States, 132 F. Supp. 2d 1087 (CIT 2001) Because the entry during the POR can record of this review, we have (‘‘Allied Tube’’). In Allied Tube, the be tied to a sale occurring after the end preliminarily found that this particular plaintiff asked the court to reject the of the POR and there are no other U.S. CSN transaction is classified properly as invoice date as the date of sale. The CIT sales during the POR that could be a CEP sale because the sale occurred in declared, ‘‘the party seeking to establish considered for examination as a proxy the United States and was made through a date of sale other than the invoice date for the post–POR sale, it is appropriate its U.S. affiliate to an unaffiliated U.S. bears the burden of producing sufficient to determine the duties to be assessed buyer. Such a determination is evidence to ’satisfy’ the Department that on this entry based on the consistent with section 772(b) of the Act ’a different date better reflects the date corresponding sale. Therefore, because and the U.S. Court of Appeals for the

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Federal Circuit’s decision in AK Steel volume of home market sales of the of the suspension agreement was the Corp. v. United States, 226 F. 3d 1361, foreign like product to the volume of most recently completed segment of this 1374 (Fed. Cir. 2000) (‘‘AK Steel’’). In U.S. sales of the subject merchandise, in proceeding. In accordance with section AK Steel, the Court of Appeals accordance with section 773(a)(1)(B) of 773(b)(2)(A)(ii) of the Act, and examined the definitions of EP and CEP, the Act. Because CSN’s aggregate consistent with the Department’s noting ‘‘the plain meaning of the volume of home market sales of the practice, because we disregarded certain language enacted by Congress in 1994, foreign like product was greater than below–cost sales by CSN in the review focuses on where the sale takes place five percent of its aggregate volume of of the suspension agreement, we found and whether the foreign producer or U.S. sales for the subject merchandise, reasonable grounds to believe or suspect exporter and the U.S. importer are we determined that the home market that this respondent made sales in the affiliated, making these two factors was viable. See CSN’s section A home market at prices below the cost of dispositive of the choice between the Questionnaire Response at Attachment producing the merchandise. We, two classifications.’’ See AK Steel, 226 A–1, dated June 15, 2004. therefore, initiated a cost investigation with regard to CSN in order to F. 3d at 1369. The Court of Appeals B. Price-to-Price Comparisons declared, ‘‘the critical differences determine whether this respondent between EP and CEP sales are whether CSN reported sales in the home made home market sales during the POR the sale or transaction takes place inside market to an affiliated company, INAL. at prices below COP within the meaning or outside the United States and The Department calculates NV based on of section 773(b)(2)(A)(ii) of the Act. whether it is made by an affiliate,’’ and sales to affiliated parties only if it is In accordance with section 773(b)(3) noted the phrase ‘‘outside the United satisfied that the prices to the affiliates of the Act, we calculated the weighted– States’’ had been added to the 1994 are comparable to the prices at which average COP for each model based on statutory definition of EP. See AK Steel, sales are made to unaffiliated parties, the sum of CSN’s material and 226 F. 3d at 1368–70. Thus, the i.e., sales at arm’s length. fabrication costs for the foreign like To test whether these sales were made classification of a sale as either EP or product, plus amounts for selling at arm’s length, we compared the CEP depends upon where the contract expenses, general and administrative starting prices of sales to affiliated and for sale was concluded (i.e., in or expenses (G&A), interest expenses and unaffiliated customers net of all outside the United States) and whether packing costs. The Department relied on movement and direct selling expenses, the foreign producer or exporter is the COP data reported by CSN, except discounts and packing. In current affiliated with the U.S. importer. In the for the G&A expense ratios. We revised practice, if the prices charged to an case of this review, we find that CSN their reported home market and U.S. affiliated party were, on average, LLC, which is affiliated with CSN, the G&A expense ratios to correct for fees between 98 and 102 percent of the Brazilian manufacturer and exporter, that were incurred by the U.S. affiliate, prices charged to unaffiliated parties for concluded the contract of sale inside the CSN LLC, but which CSN reported as merchandise identical or most similar to United States, thereby supporting the expenses in Brazil. For changes made to that sold to the affiliated party, we classification of this sale as CEP. the COP information, see Memorandum For this particular CEP sales consider the sales to be at arm’s length to Neal Harper from Trinette Ruffin, transaction, we calculated price in prices. See 19 CFR 351.403(c). Cost of Production and Constructed conformity with section 772(b) of the Conversely, where sales to the affiliated Value Calculation Adjustments for the Act. We based CEP on the packed, party do not pass the arm’s length test, Preliminary Results Companhia delivered prices to an unaffiliated we exclude all sales to that affiliated Siderurgica Nacional (CSN), dated purchaser in the United States. Pursuant party from the NV calculation, as was March 31, 2005 (COP Memo). We compared the weighted–average to section 772(c)(2)(A) of the Act, we the case in this review. We found that COP figures to the home market sales made deductions for movement the sales to INAL failed the arm’s length prices of the foreign like product as expenses; these included foreign inland test, and therefore we disregarded them required under section 773(b) of the Act, freight, foreign inland insurance, foreign and used INAL’s downstream sales to to determine whether these sales had brokerage and handling, international unaffiliated customers in our been made at prices below COP. On a freight, marine insurance, U.S. calculation of NV. We calculated NV based on prices to product–specific basis, we compared brokerage and handling, U.S. customs unaffiliated customers. We adjusted the COP to home market prices net of duties, and inland freight to the gross unit price for billing adjustments, any applicable billing adjustments, state unaffiliated U.S. customer. In interest revenue and indirect taxes. We ICMS and federal IPI indirect taxes accordance with section 772(d)(1) of the made deductions, where appropriate, (which were not included in CSN’s Act, we deducted those selling expenses for foreign inland freight, warehousing reported manufacturing costs), and any associated with economic activities expense and insurance, pursuant to applicable movement charges. occurring in the United States, section 773(a)(6)(B) of the Act. In Pursuant to section 773(b)(2)(C)(i) of including imputed credit expenses and addition, we made adjustments for the Act, where less than twenty percent indirect selling expenses. We also made differences in circumstances of sale for of a respondent’s sales of a given adjustments for the cost of further imputed credit expenses and product were at prices less than the manufacturing and profit from commissions, in accordance with COP, we do not disregard any below– economic activities in the United States, section 773(a)(6)(C)(iii) of the Act and cost sales of that product because the in accordance with sections 772(d)(2) 19 CFR 351.410. Finally, we deducted below–cost sales were not made in and (3) of the Act. home market packing costs and added ‘‘substantial quantities.’’ Where twenty Normal Value U.S. packing costs in accordance with percent or more of a respondent’s sales sections 773(a)(6)(A) and (B) of the Act. of a given product during the POR were A. Home Market Viability at prices less than the COP, we To determine whether there is a C. Cost of Production Analysis determine such sales to have been made sufficient volume of sales in the home At the time the questionnaire was in substantial quantities. market to serve as a viable basis for issued in this administrative review, the Our cost test revealed that more than calculating NV, we compared CSN’s antidumping duty administrative review twenty percent of CSN’s home market

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sales of certain products were made at functions and activities of the seller of distribution is further from the below–cost prices during the reporting should be dissimilar. See Porcelain–on- factory, e.g., many sales are made to period. Therefore, we disregarded those Steel Cookware from Mexico: Final distributors and may go through below–cost sales, while retaining the Results of Administrative Review, 65 FR branches where they are further above–cost sales for our analysis. 30068 (May 10, 2000). In the present processed. We therefore preliminarily review, CSN claimed that there was no Level of Trade agree with CSN’s claim that there is no LOT in the home market comparable to LOT in the home market comparable to In accordance with section the LOT of the CEP sale, and that the LOT of the CEP sale, and that there 773(a)(1)(B) of the Act, to the extent consequently it was not in a position to is no basis to calculate an LOT practicable, we determine NV based on calculate an LOT adjustment. Pursuant adjustment. We then examined whether sales in the comparison market at the to the Department’s practice, CSN a CEP offset may be appropriate. same level of trade (LOT) as the export requested a CEP offset adjustment to Pursuant to section 351.412(f) of the transaction. The NV LOT is that of the NV. See CSN’s section B Questionnaire Department’s regulations, we grant a starting–price sales in the comparison Response at page 21, dated July 6, 2004. CEP offset only where NV is determined market. For CEP, it is the level of the CSN claimed three LOTs in the home at a more advanced LOT than the LOT constructed sale from the exporter to the market based on distinct channels of of the CEP price, and despite the fact importer. We consider only the selling distribution to two categories of that a person has cooperated to the best activities reflected in the U.S. price after customers: distributors and end–users. of its ability, the data available do not the deduction of expenses incurred in CSN’s channels of distribution were provide an appropriate basis to the United States and CEP profit under direct sales from the mill to customers, determine whether the difference in section 772(d) of the Act. See Micron sales through branches located at LOT affects price comparability. Technology Inc. v. United States, 243 service centers where further processing Accordingly, because the data available F.3d 1301, 1314–1315 (Fed. Cir. 2001). services were provided, such as cutting do not provide an appropriate basis for To determine whether NV sales are at and slitting, and downstream sales making an LOT adjustment, but the a different LOT than CEP sales, we made through CSN’s affiliate, INAL. We LOTs in the home market are at more examine stages in the marketing process examined the reported selling functions advanced stages of distribution than the and selling functions along the chain of and found that CSN’s home market LOT of the CEP sale, we preliminarily distribution between the producer and selling functions for all customers find that a CEP offset adjustment is the unaffiliated customer. We analyze include pre–sale technical assistance, appropriate, in accordance with section whether different selling activities are continuous technical service, price 773(a)(7)(B) of the Act. performed, and whether any price negotiation/customer communications, differences (other than those for which processing of customer orders, freight Currency Conversion other allowances are made under the and delivery arrangements, sales calls We made currency conversions into Act) are shown to be wholly or partly and visits, credit evaluation, and U.S. dollars, in accordance with section due to a difference in LOT between the warranty and return services. In 773A(a) of the Act, based on the CEP and NV. Pursuant to section addition, CSN also performs inventory exchange rates in effect on the dates of 773(a)(7)(A) of the Act, we make an maintenance for all customers except the U.S. sales, as certified by the Dow upward or downward adjustment to NV end–users buying directly from CSN. Jones Reuters Business Interactive LLC for LOT if the difference in LOT Finally, CSN makes small quantity sales (trading as Factiva). involves the performance of different only through INAL. See CSN’s section A selling activities and is demonstrated to Questionnaire Response at Exhibit 11, Preliminary Results of Review affect price comparability, based on a June 15, 2004. We preliminarily find As a result of our review, we pattern of consistent price differences that there are three LOTs in the home preliminarily find the weighted–average between sales at different LOTs in the market: (1) direct sales, (2) sales through dumping margin for the period March 1, country in which NV is determined. branches, and (3) sales through INAL. 2003, through February 29, 2004, to be Finally, if the NV LOT is at a more CSN’s U.S. sale was made through as follows: advanced stage of distribution than the one channel of distribution to its U.S. LOT of the CEP, but the data available affiliate. Pursuant to the Department’s Margin do not provide an appropriate basis to practice, we determined the LOT of the Manufacturer / Exporter (percent) determine a LOT adjustment, we reduce U.S. sale based on the selling functions NV by the amount of indirect selling performed for the sale to CSN LLC, Companhia Sideru´rgica Nacional 0.00 expenses incurred in the foreign which include price negotiation/ comparison market on sales of the customer communications, processing The Department will disclose foreign like product, but by no more customer orders, and freight and calculations performed in connection than the amount of the indirect selling delivery arrangements. See CSN’s with these preliminary results of review expenses incurred for CEP sales. See section A Questionnaire Response at within five days of the date of section 773(a)(7)(B) of the Act (the CEP Exhibit 11, June 15, 2004. We publication of this notice in accordance offset provision). preliminarily find that there is only one with 19 CFR 351.224(b). Case briefs for In analyzing differences in selling LOT in the U.S. market. this review must be submitted to the functions, we determine whether the We compared CSN’s channels of Department no later than fourteen days LOTs identified by the respondent are distribution and selling functions in the after the date of the final U.S. meaningful. See Antidumping Duties; home market with the selling functions verification report issued in this Countervailing Duties, Final Rule, 62 FR for U.S. sales to its affiliate, CSN LLC. proceeding. Rebuttal briefs must be filed 27296, 27371 (May 19, 1997). If the CSN’s selling functions for sales to the seven days from the deadline date for claimed LOTs are the same, we expect United States are less numerous and case briefs. Parties submitting that the functions and activities of the less complex than CSN’s selling arguments in this proceeding are seller should be similar. Conversely, if functions for its home market sales in requested to submit with the argument: a party claims that LOTs are different any of the channels of distribution. 1) a statement of the issue, 2) a brief for different groups of sales, the Further, in the home market, the chain summary of the argument, and (3) a

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table of authorities. Case and rebuttal for the manufacturer of the comment on the preliminary results. If briefs and comments must be served on merchandise; and (4) if neither the the preliminary results are adopted in interested parties in accordance with exporter nor the manufacturer is a firm our final results of administrative section 351.303(f) of the Department’s covered in this review, any prior review, review, we will instruct U.S. Customs regulations. or the original LTFV investigation, the and Border Protection (CBP) to assess Also, an interested party may request cash deposit rate for all other antidumping duties on all appropriate a hearing within 30 days of the date of manufacturers or exporters will entries. publication of this notice. See section continue to be 42.12 percent, the ‘‘all In addition, the Department has 351.310(c) of the Department’s others’’ rate established in the LTFV received information sufficient to regulations. Unless otherwise specified, investigation. See AD Order, 67 FR at warrant a successor–in-interest analysis the hearing, if requested, will be held 11094. in this administrative review. Based on two days after the date for submission Notification to Interested Parties this information, we preliminarily of rebuttal briefs, or the first business determine that UGITECH S.A. is the day thereafter. The Department will This notice also serves as a successor–in-interest to Ugine–Savoie issue the final results of this preliminary reminder to importers of Imphy S.A. (Ugine–Savoie) for purposes administrative review, including the their responsibility under 19 CFR of determining antidumping duty results of its analysis of the issues raised 351.402(f) to file a certificate regarding liability. Interested parties are invited to in any briefs or comments at a hearing, the reimbursement of antidumping comment on the preliminary results. within 120 days of publication of these duties prior to liquidation of the EFFECTIVE DATE: April 6, 2005. preliminary results. relevant entries during this review FOR FURTHER INFORMATION CONTACT: Assessment Rates period. Failure to comply with this requirement could result in the Terre Keaton or David J. Goldberger, Upon completion of this Secretary’s presumption that AD/CVD Operations, Office 2, Import administrative review, the Department reimbursement of antidumping duties Administration–Room B099, will determine, and CBP shall assess, occurred and the subsequent assessment International Trade Administration, antidumping duties on all appropriate of double antidumping duties. U.S. Department of Commerce, 14th entries. In accordance with 19 CFR These preliminary results are issued Street and Constitution Avenue, NW, 351.212(b)(1), we have calculated an and published in accordance with Washington, DC 20230; telephone: (202) importer–specific ad valorem rate for sections 751(a)(1) and 777(i)(1) of the 482–1280 or (202) 482–4136, merchandise subject to this review. The Act. respectively. Department will issue appropriate assessment instructions directly to CBP Dated: March 31, 2005. SUPPLEMENTARY INFORMATION: within 15 days of publication of the Joseph A. Spetrini, Background final results of review. If these Acting Assistant Secretary for Import preliminary results are adopted in the Administration. On March 7, 2002, the Department final results of review, we will direct [FR Doc. E5–1574 Filed 4–5–05; 8:45 am] published in the Federal Register an antidumping duty order on SSB from CBP to assess the resulting assessment BILLING CODE 3510–DS–S rates (ad valorem) against the entered France. See 67 FR 10385. On March 31, customs values for the subject 2004, the petitioners submitted a letter merchandise on each of the importer’s DEPARTMENT OF COMMERCE timely requesting that the Department entries during the review period. conduct an administrative review of the International Trade Administration sales of SSB made by Ugine–Savoie. Cash Deposit Requirements Also in this letter, the petitioners A–427–820 The following cash deposit claimed that Ugine–Savoie had recently requirements will be effective upon Stainless Steel Bar from France: gone through a change in corporate completion of the final results of this Preliminary Results of Antidumping structure and that the corporate entity is administrative review for all shipments Duty Administrative Review now known as UGITECH. The of the subject merchandise entered, or Department published a notice of withdrawn from warehouse, for AGENCY: Import Administration, initiation of an administrative review consumption on or after the publication International Trade Administration, with respect to UGITECH, formerly date of the final results of this Department of Commerce. known as Ugine–Savoie. See 69 FR administrative review, as provided by SUMMARY: In response to a timely 23170, (April 28, 2004). section 751(a)(1) of the Act: (1) the cash request by the petitioners,1 the On May 6, 2004, we issued a deposit rate for CSN will be the rate Department of Commerce (the antidumping duty questionnaire to established in the final results of the Department) is conducting an UGITECH which included successor–in- administrative review (except that no administrative review of the interest questions. Responses to the deposit will be required if the rate is antidumping duty order on stainless original questionnaire were received in zero or de minimis, i.e., less than 0.50 steel bar (SSB) from France with respect July 2004. We issued a supplemental percent); (2) for previously reviewed or to UGITECH S.A. (UGITECH). The questionnaire in October 2004, and investigated companies not covered in period of review is March 1, 2003, received responses in October and this review, the cash deposit rate will through February 29, 2004. November 2004 and January 2005. continue to be the company–specific We preliminarily determine that sales On November 5, 2004, we extended rate published for the most recent have been made below normal value. the time limit for the preliminary results period; (3) if the exporter is not a firm Interested parties are invited to in this review until March 30, 2005. See covered in this review, a prior review or Stainless Steel Bar from France: Notice the original less–than-fair–value (LTFV) 1 The petitioners include the following of Extension of Time Limit for companies: Carpenter Technology Corporation; investigation, but the manufacturer is, Crucible Specialty Metals Division, Crucible Preliminary Results in Antidumping the cash deposit rate will be the rate Materials Corporation; and Electroalloy Duty Administrative Review, 69 FR established for the most recent period Corporation, a Division of G.O. Carlson, Inc. 64563.

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In November 2004, we conducted a 7222.11.00.50, 7222.19.00.05, previous company if its resulting verification of certain portions of 7222.19.00.50, 7222.20.00.05, operation is not materially dissimilar to UGITECH’s questionnaire responses, in 7222.20.00.45, 7222.20.00.75, and that of its predecessor. See, e.g., accordance with 19 CFR 351.307. The 7222.30.00.00 of the Harmonized Tariff Polychloroprene Rubber from Japan, results of this verification are described Schedule of the United States (HTSUS). Industrial Phosphoric Acid from Israel: in the Memorandum to the File dated Although the HTSUS subheadings are Final Results of Changed Circumstances January 13, 2005, from Terre Keaton provided for convenience and customs Review, 59 FR 6944 (February 14, 1994), and David J. Goldberger, International purposes, the written description of the Canadian Brass, and Fresh and Chilled Trade Compliance Analysts, through scope of this order is dispositive. Atlantic Salmon from Norway: Initiation Irene Darzenta Tzafolias, Program Successor–In-Interest Analysis and Preliminary Results of Changed Manager, entitled: Sales Verification in Circumstances Antidumping Duty Ugine, France of UGITECH S.A. In its July 2, 2004, section A response Administrative Review, 63 FR 50880 (UGITECH Verification Report). (hereafter section A response), (September 23, 1998). Thus, if the In January 2005, as instructed by the UGITECH reported that on November evidence demonstrates that, with Department, UGITECH submitted 28, 2003, the shareholders of Ugine– respect to the production and sale of the Savoie voted to change the company’s revised sales data pursuant to subject merchandise, the new company verification findings and revised cost name to UGITECH S.A. UGITECH operates as the same business entity as data pursuant to cost supplemental claimed that Ugine–Savoie and the former company, the Department questionnaires. In February 2005, the UGITECH remain the same legal entity will accord the new company the same petitioner and the respondent submitted and there was no change in ownership antidumping duty treatment as its comments for purposes of the associated with the change in name. predecessor. preliminary results. On March 15, 2005, According to the section A response, we issued UGITECH a supplemental prior to the name change, Ugine–Savoie We preliminarily determine that questionnaire concerning certain cost of Imphy dissolved one of its wholly– UGITECH is the successor–in-interest to production (COP) issues. We received owned French subsidiaries (i.e., Ugine– Ugine–Savoie. UGITECH submitted UGITECH’s response on March 23, Savoie France S.A.) and integrated that documentation supporting its claims 2005. company’s operations as an internal that its name change resulted in no department within Ugine–Savoie significant changes in either production Scope of the Order Imphy. Similarly, shortly after the name facilities, supplier relationships, For purposes of this order, the term change, UGITECH dissolved another customer base, or management. This ‘‘stainless steel bar’’ includes articles of wholly–owned French subsidiary (i.e., documentation consisted of: (1) a copy stainless steel in straight lengths that Sprint Metal S.A.) and integrated its of the board meeting minutes for the have been either hot–rolled, forged, operations as a internal department name change; (2) a copy of the article of turned, cold–drawn, cold–rolled or within UGITECH. Also at that time, the incorporation for UGITECH; (3) copies otherwise cold–finished, or ground, former chief executive officer of Sprint of the official registration of Ugine– having a uniform solid cross section Metal was made vice president of sales Savoie (before the name change) and along their whole length in the shape of at UGITECH. Other than the name UGITECH (after the name change); and circles, segments of circles, ovals, change and the incorporation of the two (4) copies of the statements of rectangles (including squares), triangles, former subsidiaries into the company, dissolution for Ugine–Savoie France hexagons, octagons, or other convex UGITECH operations and facilities S.A. and Sprint Metal S.A. These polygons. Stainless steel bar includes remain essentially unchanged. documents, which the Department cold–finished stainless steel bars that Thus, in accordance with section examined thoroughly at verification, are turned or ground in straight lengths, 751(b) of the Act, the Department is demonstrate that UGITECH operates as whether produced from hot–rolled bar conducting a successor–in-interest the same business entity as Ugine– or from straightened and cut rod or analysis to determine whether Savoie. Because UGITECH has wire, and reinforcing bars that have UGITECH is the successor–in-interest to presented evidence to establish a prima indentations, ribs, grooves, or other Ugine–Savoie Imphy S.A. for purposes facie case of its successorship status, we deformations produced during the of determining antidumping liability preliminarily find that UGITECH should rolling process. with respect to the subject merchandise. receive the same antidumping duty Except as specified above, the term In making such a successor–in-interest treatment with respect to SSB as the does not include stainless steel semi– determination, the Department former Ugine–Savoie. finished products, cut length flat–rolled examines several factors including, but products (i.e., cut length rolled products not limited to, changes in: (1) Fair Value Comparisons which if less than 4.75 mm in thickness management; (2) production facilities; have a width measuring at least 10 times (3) supplier relationships; and (4) To determine whether sales of SSB by the thickness, or if 4.75 mm or more in customer base. See, e.g., UGITECH to the United States were thickness having a width which exceeds Polychloroprene Rubber from Japan: made at less than normal value (NV), we 150 mm and measures at least twice the Final Results of Changed Circumstances compared constructed export price thickness), products that have been cut Review, 67 FR 58 (January 2, 2002) (CEP) to the NV, as described in the from stainless steel sheet, strip or plate, (Polychloroprene Rubber from Japan), ‘‘Constructed Export Price’’ and wire (i.e., cold–formed products in and Brass Sheet and Strip from Canada; ‘‘Normal Value’’ sections of this notice. coils, of any uniform solid cross section Final Results of Antidumping Duty Pursuant to section 777A(d)(2) of the along their whole length, which do not Administrative Review, 57 FR 20460 Act, we compared the CEPs of conform to the definition of flat–rolled (May 13, 1992) (Canadian Brass). While individual U.S. transactions to the products), and angles, shapes and no individual factor or combination of weighted–average NV of the foreign like sections. these factors will necessarily provide a product where there were sales made in The stainless steel bar subject to this dispositive indication, the Department the ordinary course of trade, as order is currently classifiable under will generally consider the new discussed in the ‘‘Cost of Production subheadings 7222.11.00.05, company to be the successor to the Analysis’’ section below.

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Product Comparisons ground,’’ as reported by UGITECH. where the payment date was not In accordance with section 771(16) of Consequently, we have revised reported, we set the payment date equal the Act, we considered all products UGITECH’s coding of the final finishing to the preliminary results date (i.e., produced by UGITECH covered by the characteristic in order to provide more March 30, 2005). Where US&A reported description in the ‘‘Scope of the Order’’ appropriate model matches. a shipment date that preceded the section, above, to be foreign like Constructed Export Price invoice date, we set the sale date equal products for purposes of determining to the shipment date. We also deducted We calculated CEP in accordance an amount for further–manufacturing appropriate product comparisons to with section 772(b) of the Act because U.S. sales. We compared U.S. sales to costs, where applicable, in accordance the subject merchandise was sold for the with section 772(d)(2) of the Act, and sales made in the home market within account of UGITECH by its subsidiary the contemporaneous window period, made an adjustment for profit in Ugine Stainless & Alloy, Inc. (US&A) in accordance with section 772(d)(3) of the which extends from three months prior the United States to unaffiliated to the month of the U.S. sale until two Act. purchasers. In addition, UGITECH In Appendix SA–2 of the November months after the sale. Where there were reported sales of SSB which were no sales of identical merchandise in the 22, 2004, supplemental questionnaire further processed by US&A in the response, UGITECH reported that the comparison market made in the United States. For the subject ordinary course of trade to compare to terms of its sales agreement with a merchandise further processed in the certain U.S. customer involved the U.S. sales, we compared U.S. sales to United States, we used the starting price sales of the most similar foreign like transfer of specific equipment from of the subject merchandise and UGITECH to the customers. While it product made in the ordinary course of deducted the costs of the further trade. In making the product may be appropriate to consider the cost processing to determine CEP for such of this equipment to be a direct selling comparisons, we matched foreign like merchandise, in accordance with products based on the physical expense attributable to all sales covered section 772(d)(2) of the Act. To calculate by the agreement, the per–unit amount characteristics reported by UGITECH in the cost of further manufacturing, we the following order: general type of for such an expense, according to relied on UGITECH’s reported cost of UGITECH’s February 23, 2005, letter at finish; grade; remelting process; type of further manufacturing materials, labor, final finishing operation; shape; and page 8, is well under 0.33 percent ad and overhead, plus amounts for further valorem, the Department’s threshold size range. manufacturing general and For the preliminary results, we have under 19 CFR 351.413 for insignificant administrative expenses (G&A) and adjustments. Therefore, we have reclassified UGITECH’s separate grade financial expenses, as reported in the codes 0760 and 0780 as a single grade disregarded any adjustment for this January 14, 2005, supplemental section selling expense in accordance with code because the information on the E questionnaire response. section 777A(a)(2) of the Act and 19 record indicates that these grades are We based CEP on the packed prices to CFR 351.413. essentially identical (they have exactly unaffiliated purchasers in the United the same specifications for nickel, States. We identified the correct starting Normal Value chromium, molybdenum, sulphur and price, by adjusting for alloy surcharges, carbon components). freight revenue, other revenue and A. Home Market Viability UGITECH identified its sales of billing adjustments associated with the In order to determine whether there reinforcing bar under the final finishing sale, and by making deductions for was a sufficient volume of sales in the product characteristic (FFINISHH/U) discounts, where applicable. We also home market to serve as a viable basis but did not identify it under the shape made deductions for movement for calculating NV, we compared the product characteristic (SHAPEH/U). We expenses in accordance with section volume of home market sales of the have preliminarily determined that this 772(c)(2)(A) of the Act. These expenses foreign like product to the volume of type of bar should be identified under included, where appropriate, foreign U.S. sales of the subject merchandise, in the SHAPEH/U variable, as such SSB inland freight (including freight from accordance with section 773(a)(1)(C) of normally features indentations, ribs, the plant/warehouse to the port of the Act. grooves, or other deformations produced exportation), brokerage and handling, Because UGITECH’s aggregate volume during the rolling process. Accordingly, ocean freight, marine insurance, U.S. of home market sales of the foreign like we have identified the reinforcing SSB inland freight expenses (including product was greater than five percent of under the SHAPEH/U variable. In freight from the U.S. port to the its aggregate volume of U.S. sales for the addition, based on the information warehouse, freight between warehouses, subject merchandise, we determined provided by UGITECH in its March 14, and freight from the warehouse to the that its home market was viable. 2005, letter, we reclassified the unaffiliated customer), and U.S. FFINISHH/U product characteristics for customs duties and fees (including B. Affiliated–Party Transactions and reinforcing bar. harbor maintenance fees and Arm’s–Length Test In addition, UGITECH reported sales merchandise processing fees). In During the POR, UGITECH sold the of hot–rolled bar that was peeled or accordance with section 772(d)(1) of the foreign like product to affiliated descaled, and added a FFINISHH/U Act, we deducted those selling expenses customers. To test whether these sales code for this characteristic at the end of associated with economic activities were made at arm’s–length prices, we the FFINISHH/U hierarchy. Based on occurring in the United States, compared, on a product–specific basis, our analysis of UGITECH’s production including direct selling expenses the starting prices of sales to affiliated flow chart at Appendix SA–1 of the (commissions, credit expenses, warranty and unaffiliated customers, net of all October 28, 2004, supplemental expenses, other direct selling expenses discounts and rebates, movement questionnaire response, we believe that and repacking expenses) and indirect charges, direct selling expenses it is more appropriate to place the selling expenses (indirect selling (including commissions), and packing peeled or descaled characteristic expenses and inventory carrying costs) expenses. Where the price to the between ‘‘shot blasted’’ and ‘‘rough– incurred in the country of exportation affiliated party was, on average, within turned,’’ rather than after ‘‘centerless and the United States. For the sales a range of 98 to 102 percent of the price

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of the same or comparable merchandise 773(a)(7)(A) of the Act. Finally, for CEP selling functions (e.g., strategy planning sold to unaffiliated parties, we sales only, if the NV LOT is more and marketing, customer sales contact, determined that sales made to the remote from the factory than the CEP production/planning/order evaluation, affiliated party were at arm’s–length. LOT and there is no basis for advertising, warranty, technical service, See 19 CFR 351.403(c). Sales to determining whether the difference in computer systems and freight and affiliated customers in the home market LOTs between NV and CEP affects price delivery) were all generally performed that were not made at arm’s–length comparability (i.e., no LOT adjustment at varying levels of intensity for both the prices were excluded from our analysis was practicable), the Department shall direct ex–works sales and the inventory because we considered these sales to be grant a CEP offset, as provided in sales. In certain activities such as outside the ordinary course of trade. See section 773(a)(7)(B) of the Act. See Plate strategy planning and marketing, 19 CFR 351.102(b). from South Africa at 61731. We customer sales contact and production/ obtained information from UGITECH planning/order evaluation, the level of Level of Trade regarding the marketing stages involved intensity for direct ex–works sales and Section 773(a)(1)(B)(i) of the Act in making the reported foreign market the inventory sales was identical. Based states that, to the extent practicable, the and U.S. sales, including a description on this analysis, we find that, although Department will calculate NV based on of the selling activities performed for the level of intensity varies within a few sales at the same level of trade (LOT) as each channel of distribution. of the selling activities performed for the EP or CEP. Sales are made at UGITECH sold SSB to end–users and UGITECH’s direct ex–works and different LOTs if they are made at distributors in both the U.S. and home inventory sales, these variances are not different marketing stages (or their markets. UGITECH claims that it made so significant to constitute distinct equivalent). See 19 CFR 351.412(c)(2). CEP sales in the U.S. market (through its LOTs. Substantial differences in selling U.S. affiliate, US&A) through the With respect to inventory activities are a necessary, but not following two channels of distribution: maintenance, we find that there is a sufficient, condition for determining 1) sales of UGITECH–produced SSB significant difference in the level of that there is a difference in the stages of purchased from UGITECH, and 2) sales intensity reported for the three activities marketing (id.); see also Notice of Final of UGITECH–produced SSB purchased (i.e., light general warehouse services, Determination of Sales at Less Than from Trafilerie Bedini, S.r.l (Bedini)3. further manufacturing/special services Fair Value: Certain Cut–to-Length We compared the selling activities and pre–sale warehousing) being Carbon Steel Plate From South Africa, performed in each channel, and found performed under this selling function by 62 FR 61731, 61732 (November 19, that the same selling functions (e.g., the inventory sales channels. However, 1997) (Plate from South Africa). In order production planning, warranty, we note that, although UGITECH has to determine whether the comparison technical service, and freight & delivery) classified light general warehouse sales were at different stages in the were performed at the same relative services (e.g., cutting and grinding), marketing process than the U.S. sales, level of intensity in both channels of further manufacturing and special we reviewed the distribution system in distribution. Accordingly, we find that services performed on SSB for special each market (i.e., the ‘‘chain of all CEP sales constitute one LOT. applications as selling activities, we do distribution’’), including selling With respect to the home market, not consider these activities to be selling functions, class of customer (‘‘customer UGITECH claimed five channels of functions and thus they are not relevant category’’), and the level of selling distribution (channels 3 through 7) to the LOT analysis. See Notice of expenses for each type of sale. described as follows: 3) factory direct Preliminary Determination of Sales at Pursuant to section 773(a)(1)(B)(i) of sales; 4) ex–inventory sales of standard Less Than Fair Value: Stainless Steel the Act, in identifying levels of trade for SSB; 5) ex–inventory sales of SSB for Bar From France, 66 FR 40201 (August EP and comparison market sales (i.e., special applications; 6) sales of ex– 2, 2001); continued in Notice of Final NV based on either home market or inventory French–origin standard SSB Determination of Sales at Less Than third country prices2), we consider the purchased from Bedini; and 7) sales of Fair Value: Stainless Steel Bar From starting prices before any adjustments. ex–inventory French–origin SSB for France, 67 FR 3143 (January 23, 2002) For CEP sales, we consider only the special applications purchased from (See Stainless Steel Bar From France). selling activities reflected in the price Bedini. According to UGITECH, the In addition, we find that the pre–sale warehousing selling activity which after the deduction of expenses and direct sales (channel 3), the ex– UGITECH defined as ‘‘the holding of profit under section 772(d) of the Act. inventory standard SSB sales (channels merchandise after production and See Micron Technology, Inc. v. United 4 and 6), and the ex–inventory SSB with before sale and shipment’’ is not a States, 243 F. 3d 1301, 1314–1315 (Fed. special application sales (channels 5 sufficient basis in and of itself to Cir. 2001). and 7) constitute three distinct levels of distinguish separate LOTs between When the Department is unable to trade in the home market. direct ex–works and inventory sales. match U.S. sales of the foreign like In determining whether separate Therefore, based on the analysis above, product in the comparison market at the LOTs exist in the home market, we taken as a whole, we find that all home same LOT as the EP or CEP, the compared the selling functions market sales were made at the same Department may compare the U.S. sale performed across all channels of distribution. We found that, except for LOT. to sales at a different LOT in the Finally, we compared the CEP LOT to comparison market. In comparing EP or inventory maintenance, all selling functions were performed across all the home market LOT and found that CEP sales at a different LOT in the the selling functions performed for comparison market, where available channels of distribution with only slight variances in the levels of intensity for a home market customers are either data make it practicable, we make an performed at a higher degree of intensity LOT adjustment under section few sales activities listed within certain selling functions. We note that the or are greater in number than the selling functions performed for the U.S. 2 Where NV is based on constructed value (CV), we determine the NV LOT based on the LOT of the 3 Bedini is an affiliated Italian company which customer. For example, in comparing sales from which we derive selling expenses, G&A purchases SSB from UGITECH, further processes it the selling activities noted under the expenses, and profit for CV, where possible. and then resells the SSB to the United States. various selling functions reported (e.g.,

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strategy planning/marketing and market selling expenses). The entire amount of 2003 capitalized R&D customer sales contact), UGITECH Department relied on the COP data costs to UGITECH’s G&A expenses. performed each of these selling submitted by UGITECH in its most 5. In accordance with its home country activities at a higher level of intensity in recent supplemental section D GAAP, UGITECH incurred and the home market than in the U.S. questionnaire response, dated January recognized a loss for the impairment of market. Similarly, we noted that the 14, 2005, for the COP calculation, fixed assets during fiscal year 2003. advertising selling function was except in the following instances: Impairment is the condition that exists performed at the highest level of 1. For the preliminary results, we relied when the carrying amount of a long– intensity in the home market, whereas, on UGITECH’s weighted–average costs lived asset or asset group exceeds its fair in the U.S. market it was not performed during the POR. UGITECH argued that value and the excess carrying amount is at all. Therefore, we conclude that the standard methodology of weight– unrecoverable. (See UGITECH’s January UGITECH’s home market sales are at a averaging costs over a single cost– 14, 2005 supplemental section D more advanced LOT than its U.S. sales. reporting period is distortive in this response at 8). However, UGITECH As home market and U.S. sales were instance. UGITECH reported weighted– excluded the loss from the company’s made at different LOTs, we could not average direct materials costs in six reported G&A expenses for purposes of match CEP sales to home market sales separate cost reporting periods, arguing this administrative review. Because the at the same LOT. Moreover, as we found that the prices of certain raw material impairment loss relates to the general only one LOT in the home market, it alloys fluctuated significantly during operations of the company during the was not possible to make an LOT the POR. We preliminarily determine 2003 fiscal year, we included adjustment to home market sales that weighted–average costs over the UGITECH’s recognized impairment in because such an adjustment is POR are not distortive. the company–wide G&A expenses. 6. For the purpose of calculating the dependent upon our ability to identify 2. UGITECH reported its G&A expense financial expense ratio, because a pattern of consistent price differences ratio on a division–specific basis by UGITECH’s parent, Arcelor, does not between the home market sales on allocating company–wide G&A report COGS, UGITECH estimated which NV is based and home market expenses to the Ugine and Imphy Arcelor’s COGS by calculating sales at the LOT of the export divisions, rather than on a company– UGITECH’s division–specific COGS–to- transaction. Furthermore, we have no wide basis. We have divided operating costs and applying that ratio other information that provides an UGITECH’s total company–wide G&A to Arcelor’s total operating costs, appropriate basis for determining an expenses by the company’s total cost of LOT adjustment. Because the data deriving an estimate of Arcelor’s COGS. goods sold (COGS), which we adjusted available do not form an appropriate Rather than attempting to estimate for packing expenses, freight–out basis for making an LOT adjustment, but Arcelor’s unreported COGS, we expenses, and custom taxes, to derive a the home market LOT is at a more recalculated the financial expense ratio company–wide G&A expense ratio. advanced stage of distribution than the based on Arcelor’s actual total operating 3. In fiscal year 2003, UGITECH accrued CEP LOT, we have made a CEP offset to expenses. Arcelor’s total operating restructuring costs related to a multi– NV in accordance with section expenses include Arcelor’s COGS and year restructuring plan which is 773(a)(7)(B) of the Act. The CEP offset G&A expenses. Therefore, we applied expected to be completed in 2007. is calculated as the lesser of: (1) the the resulting financial expense ratio to Although UGITECH’s home–country indirect selling expenses on home UGITECH’s per–unit COM and G&A GAAP require the company to accrue market sales, or (2) the indirect selling expenses to derive the total per–unit the total estimated costs during the year expenses deducted from the starting COP of subject merchandise. in which the costs are probable and price in calculating CEP. 7. To calculate the short–term interest reasonably estimable, UGITECH income offset to UGITECH’s financial Cost of Production Analysis reported that the accrued costs relate to expense ratio, UGITECH estimated the In the less–than-fair–value (LTFV) activities which occurred or are short–term interest income recognized investigation, the Department expected to occur in five separate fiscal by Arcelor by analyzing the experience disregarded certain sales made by years (2003 through 2007). Therefore, of Arcelor’s two largest subsidiaries. UGITECH that failed the cost test (see we estimated the current portion of the UGITECH included income from mutual Stainless Steel Bar From France at restructuring costs as one–fifth of the fund investments in the total short–term 3143). Thus, in accordance with section total accrued amount. interest income of the two largest 773(b)(2)(A)(ii) of the Act, there are 4. UGITECH recognized expenses subsidiaries. We revised UGITECH’s reasonable grounds to believe or suspect related to R&D costs during fiscal year calculations to exclude the mutual fund that UGITECH made sales in the home 2003, including an amount for income from the calculation of the market at prices below the cost of amortization expense of capitalized R&D short–term interest income offset. We producing the merchandise in the expenditures and an amount of direct also added ‘‘Charges linked to current review period. Accordingly, we R&D expenses. Prior to fiscal year 2003, securitization programmes’’ to Arcelor’s initiated a COP investigation covering UGITECH did not capitalize any R&D total financial expenses for purposes of UGITECH’s home market sales. expenditures. During fiscal year 2003, calculating UGITECH’s financial UGITECH changed its accounting expense ratio. This expense was A. Calculation of Cost of Production methodology, and began to capitalize recognized in Arcelor’s audited In accordance with section 773(b)(3) certain R&D expenditures, amortizing financial statement as a financial of the Act, we calculated UGITECH’s them over a period of five years. Thus, expense, but was excluded from the COP and constructed value (CV) based the R&D amortization expense calculations in UGITECH’s responses. on the sum of UGITECH’s costs of represents one–fifth of the capitalized Our revisions to UGITECH’s COP data materials and conversion for the foreign R&D expenditures which were incurred are discussed in the Memorandum from like product, plus amounts for G&A during 2003. We adjusted UGITECH’s Joseph Welton, Accountant, to Neal expenses and interest expenses (see reported R&D costs to reflect the Halper, Director, entitled Cost of ‘‘Test of Home Market Sales Prices’’ accounting method used historically by Production and Constructed Value section below for treatment of home the company. As such, we added the Calculation Adjustments for the

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Preliminary Determination - UGITECH, determined to be at arm’s length. We publication. See 19 CFR 351.310(c). If S.A., dated March 30, 2005. made adjustments, where appropriate, requested, a hearing will be scheduled to the starting price for billing after determination of the briefing B. Test of Home Market Sales Prices corrections, early payment discounts schedule. On a product–specific basis, we and rebates. We made deductions, Interested parties who wish to request compared the adjusted weighted– where appropriate, from the starting a hearing or to participate if one is average COP to the home market sales price for inland freight (from the plant requested, must submit a written of the foreign like product, as required to the warehouse or plant to the request to the Assistant Secretary for under section 773(b) of the Act, in order customer), warehousing expenses, and Import Administration, Room B–099, to determine whether the sale prices inland insurance, under section within 30 days of the date of publication were below the COP. For purposes of 773(a)(6)(B)(ii) of the Act. of this notice. Requests should contain: this comparison, we used COP exclusive For the sales where the payment date (1) the party’s name, address and of selling and packing expenses. The was not reported, we set the payment telephone number; (2) the number of prices (inclusive of interest revenue, date equal to the preliminary results participants; and (3) a list of issues to be where appropriate) were exclusive of date (i.e., March 30, 2005). Where discussed. See 19 CFR 351.310(c). any applicable movement charges, UGITECH reported a shipment date that Issues raised in the hearing will be rebates, discounts, and direct and preceded the invoice date, we set the limited to those raised in the respective indirect selling expenses and packing sale date equal to the shipment date. case briefs. Case briefs from interested expenses, revised where appropriate, as We made adjustments for differences parties and rebuttal briefs, limited to the discussed below under ‘‘Price–to-Price in costs attributable to differences in the issues raised in the respective case Comparisons.’’ In determining whether physical characteristics of the briefs, may be submitted in accordance merchandise in accordance with section to disregard home market sales made at with a schedule to be determined. 773(a)(6)(C)(ii) of the Act and 19 CFR prices less than their COP, we Parties who submit case briefs or 351.411. In addition, we made examined, in accordance with sections rebuttal briefs in this proceeding are adjustments under section 773(b)(1)(A) and (B) of the Act, whether requested to submit with each argument 773(a)(6)(C)(iii) of the Act and 19 CFR such sales were made: (1) within an (1) a statement of the issue and (2) a 351.410 for differences in circumstances extended period of time, (2) in brief summary of the argument. Parties of sale for imputed credit expenses and substantial quantities, and (3) at prices are also encouraged to provide a warranty expenses. which did not permit the recovery of all summary of the arguments not to exceed costs within a reasonable period of time. We also deducted home market packing costs and added U.S. packing five pages and a table of statutes, C. Results of the COP Test costs, in accordance with section regulations, and cases cited. Pursuant to section 773(b)(1) of the 773(a)(6)(A) and (B) of the Act. Finally, The Department will issue the final Act, where less than 20 percent of the as discussed above under the Level of results of this administrative review, respondent’s sales of a given product are Trade section, we made a CEP offset including the results of its analysis of at prices less than the COP, we do not pursuant to section 773(a)(7)(B) of the issues raised in any written briefs, not disregard any below–cost sales of that Act and 19 CFR 351.412(f). We later than 120 days after the date of product, because we determine that in calculated the CEP offset as the lesser of publication of this notice, pursuant to such instances the below–cost sales the indirect selling expenses on the section 751(a)(3)(A) of the Act. were not made in ‘‘substantial comparison–market sales or the indirect Assessment Rates quantities.’’ Where 20 percent or more selling expenses deducted from the of a respondent’s sales of a given starting price in calculating CEP. The Department shall determine, and CBP shall assess, antidumping duties on product are at prices less than the COP, Currency Conversion we determine the below–cost sales all appropriate entries, in accordance represent ‘‘substantial quantities’’ We made currency conversions in with 19 CFR 351.212. The Department within an extended period of time, in accordance with section 773A of the Act will issue appropriate appraisement accordance with section 773(b)(1)(A) of based on the exchange rates in effect on instructions for the companies subject to the Act. In such cases, we also the dates of the U.S. sales as certified by this review directly to CBP within 15 determine whether such sales were the Federal Reserve Bank. days of publication of the final results of this review. made at prices which would not permit Preliminary Results of Review recovery of all costs within a reasonable For assessment purposes, we As a result of this review, we period of time, in accordance with calculated importer- or customer– preliminarily determine that the section 773(b)(1)(B) of the Act. specific ad valorem duty assessment We found that, for certain specific weighted–average dumping margin for rates based on the ratio of the total products, more than 20 percent of the period March 1, 2003, through amount of dumping margins calculated UGITECH’s home market sales were at February 29, 2004, is as follows: for the examined sales to the total entered value of those same sales. prices less than the COP and, in Manufacturer/Exporter Percent Margin addition, such sales did not provide for We will instruct CBP to assess the recovery of costs within a reasonable UGITECH S.A. (Suc- antidumping duties on all appropriate period of time. We therefore excluded cessor–in-interest to entries covered by this review if any these sales and used the remaining sales Ugine–Savoie Imphy importer- or customer–specific as the basis for determining NV, in S.A.) ...... 17.71 assessment rate calculated in the final accordance with section 773(b)(1) of the results of this review is above de Act. We will disclose the calculations used minimis (i.e., at or above 0.50 percent). in our analysis to parties to this See 19 CFR 351.106(c)(1). The final Price–to-Price Comparisons proceeding within five days of the results of this review shall be the basis We calculated NV based on delivered publication date of this notice. See 19 for the assessment of antidumping prices to unaffiliated customers or CFR 351.224(b). Any interested party duties on entries of merchandise prices to affiliated customers that were may request a hearing within 30 days of covered by the final results of this

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review and for future deposits of DEPARTMENT OF COMMERCE sign language interpretation or other estimated duties, where applicable. auxiliary aids should be directed to Ms. National Oceanic and Atmospheric Carolyn Porter at 503–820–2280 at least Cash Deposit Requirements Administration 5 days prior to the meeting date. The following cash deposit [I.D. 040105B] Dated: April 1, 2005. requirements will be effective for all Emily Menashes, Pacific Fishery Management Council; shipments of the subject merchandise Acting Director, Office of Sustainable entered, or withdrawn from warehouse, Public Meeting Fisheries, National Marine Fisheries Service. for consumption on or after the AGENCY: National Marine Fisheries [FR Doc. E5–1556 Filed 4–5–05; 8:45 am] publication date of the final results of Service (NMFS), National Oceanic and BILLING CODE 3510–22–S this administrative review, as provided Atmospheric Administration (NOAA), by section 751(a)(1) of the Act: (1) the Commerce. cash deposit rate for the reviewed ACTION: Notice of public meeting. DEPARTMENT OF COMMERCE company will be that established in the final results of this review, except if the SUMMARY: The Pacific Fishery National Oceanic and Atmospheric rate is less than 0.50 percent, and Management Council’s (Council) Ad Administration therefore, de minimis within the Hoc Groundfish Trawl Individual Quota [I.D. 040105A] meaning of 19 CFR 351.106(c)(1), in Committee (TIQC) will hold a working which case the cash deposit rate will be meeting which is open to the public. Pacific Fishery Management Council; zero; (2) for previously reviewed or DATES: The TIQC working meeting will Public Meeting investigated companies not listed above, begin Tuesday, May 10, 2005 at 8:30 the cash deposit rate will continue to be a.m. and may go into the evening if AGENCY: National Marine Fisheries the company–specific rate published for necessary to complete business for the Service (NMFS), National Oceanic and the most recent period; (3) if the day. The meeting will reconvene from Atmospheric Administration (NOAA), exporter is not a firm covered in this 8:30 a.m. and continue until business Commerce. review, a prior review, or the original for the day is complete on Wednesday, ACTION: Notice of public meeting. LTFV investigation, but the May 11, 2005. SUMMARY: The Pacific Fishery manufacturer is, the cash deposit rate ADDRESSES: The meeting will be held in will be the rate established for the most Management Council’s (Council) Highly the Broadway Room at the Residence Migratory Species Management Team recent period for the manufacturer of Inn by Marriott-Portland Downtown, the merchandise; and (4) the cash (HMSMT) will hold a work session, RiverPlace, 2115 SW River Parkway, which is open to the public. deposit rate for all other manufacturers Portland, OR 97201. Telephone: 503– DATES: The work session will be or exporters will continue to be 3.90 552–9500 percent, the ‘‘All Others’’ rate made Council address: Pacific Fishery Thursday, May 12, 2005, from 1 p.m. effective by the LTFV investigation (see Management Council, 7700 NE until 5 p.m. and Friday, May 13, 2005, Notice of Antidumping Duty Order: Ambassador Place, Suite 200, Portland, from 9 a.m. until business for the day Stainless Steel Bar From France, 67 FR OR 97220–1384. is completed. ADDRESSES: 10385 (March 7, 2002)). These FOR FURTHER INFORMATION CONTACT: Mr. The work session will be requirements, when imposed, shall Jim Seger, Staff Officer (Economist), held at the National Marine Fisheries remain in effect until publication of the 503–820–2280. Service, Southwest Fisheries Science Center, Large Conference Room, 8604 La final results of the next administrative SUPPLEMENTARY INFORMATION: The Jolla Shores Drive, Room D–203, La review. purpose of the TIQC working meeting is Jolla, CA 92037, (858) 546–7000 Notification to Importers to continue to review results from Council address: Pacific Fishery public scoping and some preliminary Management Council, 7700 NE This notice also serves as a analysis, and refine recommendations to Ambassador Place, Suite 200, Portland, preliminary reminder to importers of the Council on an individual quota OR 97220–1384. their responsibility under 19 CFR program to cover limited entry trawl FOR FURTHER INFORMATION CONTACT: 351.402(f) to file a certificate regarding landings in the West Coast groundfish Dr. the reimbursement of antidumping fishery. Kit Dahl, Pacific Fishery Management duties prior to liquidation of the Although nonemergency issues not Council (503) 820–2280. relevant entries during this review contained in the TIQC meeting agenda SUPPLEMENTARY INFORMATION: The main period. Failure to comply with this may come before the TIQC for purpose of this work session is for the requirement could result in the discussion, those issues may not be the HMSMT to review issues related to the Secretary’s presumption that subject of formal TIQC action during implementation of the HMS fishery reimbursement of antidumping duties these meetings. TIQC action will be management plan and make occurred and the subsequent assessment restricted to those issues specifically recommendations to the Council on of double antidumping duties. listed in this notice and to any issues future action on these issues. Issues This administrative review and notice arising after publication of this notice discussed could include the Council’s are published in accordance with requiring emergency action under response to overfishing of bigeye tuna sections 751(a)(1) and 777(i)(1) of the Section 305(c) of the Magnuson-Stevens and other HMS so declared in the Act and 19 CFR 351.221. Fishery Conservation and Management future, developing sea turtle bycatch Act, provided the public has been mitigation measures for the West Coast Dated: March 30, 2005. notified of the TIQC’s intent to take final high seas longline fishery, establishing a Joseph A. Spetrini, action to address the emergency. limited entry program for the West Acting Assistant Secretary for Import Coast high seas longline fishery, Administration. Special Accommodations implementation of an observer coverage [FR Doc. E5–1577 Filed 4–5–05; 8:45 am] The meeting is physically accessible plan, and review of exempted fishing BILLING CODE 3510–DS–S to people with disabilities. Requests for permits, among others. This HMSMT

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work session is for the purpose of producers, processors, lenders and other and Order (hereinafter, ‘‘Settlement developing information for the interested agricultural groups. Agreement’’ or ‘‘Agreement’’) with the Council’s consideration at a future Interested persons may obtain staff of the U.S. Consumer Product Council meeting; no management information or make comments by Safety Commission (the ‘‘Commission’’), actions will be decided by the HMSMT writing to the Commodity Futures and agrees to the entry of the attached at this work session. Trading Commission, Three Lafayette Order incorporated by reference herein. Although nonemergency issues not Centre, 1155 21st Street, NW., The Settlement Agreement resolves the contained in the meeting agenda may be Washington, DC 20581. Commission staff’s allegations set forth discussed, those issues may not be the Issued in Washington, DC, on March 31, below. subject of formal action during this 2005, by the Commission. I. The Parties meeting. Action will be restricted to Jean A. Webb, those issues specifically listed in this Secretary of the Commission. 2. The Commission is an independent document and any issues arising after federal regulatory commission [FR Doc. 05–6779 Filed 4–5–05; 8:45 am] publication of this document that responsible for the enforcement of the require emergency action under section BILLING CODE 6351–01–M Consumer Product Safety Act (‘‘CPSA’’), 305(c) of the Magnuson-Stevens Fishery 15 U.S.C. 2051–2084. Conservation and Management Act, 3. HB/PS is headquartered in Glen CONSUMER PRODUCT SAFETY provided the public has been notified of Allen, Virginia, and incorporated in COMMISSION the intent to take final action to address Delaware. the emergency. [CPSC Docket No. 05–C0007] II. Staff Allegations Special Accommodations Hamilton Beach/Proctor-Silex, Inc., 4. In the last five years, HB/PS has The meeting is physically accessible Provisional Acceptance of a failed to report in a timely manner to people with disabilities. Requests for Settlement Agreement and Order concerning three separate products: sign language interpretation or other AGENCY: Consumer Product Safety countertop toasters, juice extractors, and auxiliary aids should be directed to Ms. Commission. slow cookers, in violation of section Carolyn Porter at (503) 820–2280 at least 15(b) of the CPSA, 15 U.S.C. 2064(b). ACTION: Notice. 5 days prior to the meeting date. 5. Each of these products was sold to Dated: April 1, 2005. SUMMARY: It is the policy of the and/or used by consumers in or around Emily Menashes, Commission to publish settlements a permanent or temporary household or Acting Director, Office of Sustainable which it provisionally accepts under the residence, a school, in recreation, or Fisheries, National Marine Fisheries Service. Consumer Product Safety Act in the otherwise and was, therefore, a [FR Doc. E5–1570 Filed 4–5–05; 8:45 am] Federal Register in accordance with the ‘‘consumer product’’ as defined in BILLING CODE 3510–22–S terms of 16 CFR 1118.20(e). Published section 3(a)(1) of the CPSA, 15 U.S.C. below is a provisionally-accepted 2052(a)(1). Furthermore, HB/PS was an Settlement Agreement with Hamilton importer and, therefore, was a Beach/Proctor-Silex, Inc., containing a ‘‘manufacturer’’ of these toasters, juice COMMODITY FUTURES TRADING civil penalty of $1,200,000.00. extractors, and slow cookers, for COMMISSION DATES: Any interested person may ask distribution in ‘‘commerce,’’ as those Agricultural Advisory Committee; the Commission not to accept this terms are defined in sections 3(a)(4) and Eleventh Renewal agreement or otherwise comment on its (12) of the CPSA, 15 U.S.C. 2052(a)(4), contents by filing a written request with (12). The Commodity Futures Trading the Office of the Secretary by April 21, A. The Countertop Toasters Commission has determined to renew 2005. 6. HB/PS imported and distributed again for a period of two years its ADDRESSES: Persons wishing to advisory committee designated as the comment on this Settlement Agreement model 24205 and 24208 countertop ‘‘Agricultural Advisory Committee.’’ should send written comments to the toasters (the ‘‘subject toasters’’ or The Commission certifies that the Comment 05–C0007, Office of the ‘‘toasters’’) from April 1997 through renewal of the advisory committee is in Secretary, Consumer Product Safety September 1999. These toasters were the public interest in connection with Commission, Washington, DC 20207. manufactured for HB/PS by Durable duties imposed on the Commission by Electrical Metal Factory, Ltd., in China. FOR FURTHER INFORMATION CONTACT: the Commodity Exchange Act, 7 U.S.C. These traditional upright electric Andrea S. Paterson, Trial Attorney, 1, et seq., as amended. toasters had four extra-wide slots that Office of Compliance, Consumer The objectives and scope of activities could toast either bagels or bread. On Product Safety Commission, of the Agricultural Advisory Committee the front of the toasters was a bread Washington, DC 20207; telephone (301) are to conduct public meetings and lifter for raising or lowering the food, as 504–7615. submit reports and recommendations on well as a control dial, numbered 1–6, issues affecting agricultural producers, SUPPLEMENTARY INFORMATION: The text of which consumers used to adjust the processors, lenders and others the Agreement and Order appears degree of toasting. The model 24205 was interested in or affected by agricultural below. white, and model 24208 was black and commodities markets, and to facilitate Dated: March 30, 2005. chrome. Both models had the name communications between the Todd A. Stevenson, ‘‘Proctor-Silex’’ in grey letters on the Commission and the diverse agricultural Secretary. front panel. and agriculture-related organizations 7. The subject toasters were defective represented on the Committee. The Settlement Agreement and Order because their heating elements could Committee’s membership represents a 1. Hamilton Beach/Proctor-Silex, Inc. remain on after the food in the toaster cross-section of interested and affected (hereinafter ‘‘HB/PS’’ or ‘‘Respondent’’) ‘‘popped up,’’ which should have groups including representatives of enters into this Settlement Agreement caused the heating element to

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disengage. As a result, the toaster could 15. Before reporting the subject juice product hazard or created an set afire its contents. extractors to the Commission on unreasonable risk of serious injury. 8. Between 1997 and 1999, HB/PS October 8, 2001, HB/PS had obtained 22. Respondent failed to report to the learned of three consumer reports of information which reasonably Commission in a timely manner, as damage to kitchen cabinets or supported the conclusion that the required by section 15(b) of the CPSA, countertops due to fires and received subject juice extractors contained a 15 U.S.C. 2064(b). In doing so, over 230 consumer complaints defect which could create a substantial Respondent violated section 19(a)(4) of involving toasters that may have failed product hazard or created an the CPSA, 15 U.S.C. 2068(a)(4). to turn off. The company also knew of unreasonable risk of serious injury. 23. Respondent committed this failure product changes to attempt to correct 16. Respondent failed to report to the to report to the Commission the problem. Commission in a timely manner, as ‘‘knowingly’’ as that term is defined in 9. Before reporting the subject toasters required by section 15(b) of the CPSA, section 20(d) of the CPSA, 15 U.S.C. to the Commission on November 9, 15 U.S.C. 2064(b). In doing so, HB/PS 2069(d), subjecting Respondent to civil 1999, HB/PS had obtained information violated section 19(a)(4) of the CPSA, 15 penalties under section 20 of the CPSA, which reasonably supported the U.S.C. 2068(a)(4). 15 U.S.C. 2069. conclusion that the subject toasters 17. Respondent committed this failure III. Response of HB/PS contained a defect which could create a to report to the Commission substantial product hazard or created an ‘‘knowingly’’ as that term is defined in 24. HB/PS contests and denies the unreasonable risk of serious injury. section 20(d) of the CPSA, 15 U.S.C. staff’s allegations set forth above in this Settlement Agreement. HB/PS enters 10. Respondent failed to report to the 2069(d), subjecting Respondent to civil into this Settlement Agreement and Commission in a timely manner, as penalties under section 20 of the CPSA, Order to resolve this claim without the required by section 15(b) of the CPSA, 15 U.S.C. 2069. expense and distraction of litigation. By 15 U.S.C. 2064(b). In doing so, HB/PS C. The Slow Cookers agreeing to this settlement, HB/PS does violated section 19(a)(4) of the CPSA, 15 not admit any of the allegations set forth U.S.C. 2068(a)(4). 18. HB/PS imported and distributed above in this Settlement Agreement, or 11. Respondent committed this failure slow cooker models 33390, 33475, any fault, liability or statutory or to report to the Commission 33575, 33590, 33675, 33690, 33725, regulatory violation. ‘‘knowingly’’ as that term is defined in 33850, 33860, 33680, 33320, 33320FD, 33325, 33375, 33380, 33625A, 106661, 25. HB/PS, voluntarily and without section 20(d) of the CPSA, 15 U.S.C. the Commission having requested 2069(d), subjecting Respondent to civil and 106851 (the ‘‘subject slow cookers’’ or ‘‘slow cookers’’) from January 1999 information from HB/PS, notified the penalties under section 20 of the CPSA, Commission in each of the matters 15 U.S.C. 2069. through December 2002. These slow cookers were manufactured for HB/PS described above. In addition, HB/PS B. The Juice Extractors by Huamei Electronics Co., Ltd., in voluntarily recalled each of the products China. These slow cookers shared the in cooperation with the Commission. 12. HB/PS imported and distributed 26. At all times HB/PS closely same basic elements: a cooker base with juice extractor models 67150, 67180, monitored its reporting obligations a heating element and handles, a 67180W, 67199, 395WS and 3920JS (the under the Consumer Product Safety Act. ceramic inset where the food to be ‘‘subject extractors’’ or ‘‘juice HB/PS never knowingly failed to file a cooked was placed, and a tight-fitting extractors’’) between 1992 and October required report with the Commission. lid. Most of the subject slow cookers 2001. Simatelex Manufacturing HB/PS has continued to improve its were sold under the ‘‘Hamilton Beach’’ Company, Ltd. (1991 to 1995) and Join- efforts to meet its reporting obligations or ‘‘Proctor Silex’’ names, with the One Enterprise Co. Ltd. (1996 to 2001) under the CPSA. manufactured these juice extractors for brand name printed on the particular HB/PS. All of the juice extractors unit’s front. They were round or oval, IV. Agreement of the Parties consisted of the same basic pieces: a were solid white or had various print 27. The Consumer Product Safety base, a strainer basket (consisting of a designs on the outside, and had 3.5 Commission has jurisdiction over this strainer and a metal cutter), a top cover quart to 6.5 quart capacities. matter and over Respondent under the with a food chute (through which the 19. The subject slow cookers were Consumer Product Safety Act, 15 U.S.C. food to be juiced was fed with a pusher), defective because their handles could §§ 2051–2084. a juice cup, and a refuse pulp bin. The crack and break off when the product 28. Respondent agrees to be bound by juicer bases, constructed of white plastic was lifted. This defect posed a risk of and comply with this Settlement with the name ‘‘Hamilton Beach’’ on the burns from hot food spilling onto Agreement and Order. side, housed the juicer motors, ranging consumers. 29. This Agreement is entered into for from 140–150 watts (Simatelex) to 300– 20. Between 1999 and 2001, HB/PS settlement purposes only and does not 350 watts (Join-One). received over 2000 complaints of constitute an admission by Respondent 13. The subject juice extractors cracked or broken slow cooker handles, or a determination by the Commission contained a defect that could cause the including two reports of consumers who that Respondent knowingly violated the strainer basket and lid to break apart, required medical attention for injuries, VPSA’s reporting requirements, or a posing a risk of injury to nearby as well as information regarding product finding of fact or law by the CPSC of any consumers who could be struck by changes to attempt to address the of the allegations in this Settlement pieces of metal or plastic. problem of handles breaking. Agreement. 14. Between 1992 and 2001, HB/PS 21. Before February 4, 2002, when 30. In settlement of the staff’s received 59 consumer complaints HB/PS first shared incident and other allegations, Respondent agrees to pay a related to the alleged defect. Consumer data on the slow cookers with the staff, civil penalty of one million, two reports of injuries included four HB/PS had obtained information which hundred thousand and 00/100 dollars consumers who received lacerations reasonably supported the conclusion ($1,200,000), in full settlement of this requiring stitches and five consumers that the subject slow cookers contained matter, and payable within twenty (20) alleging possible eye injuries. a defect which could create a substantial calendar days of receiving services of

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the final Settlement Agreement and Respondent’s Attorney. Military Service Academies—open Order. Dated: March 28, 2005. meeting. 31. Upon final acceptance of this U.S. Consumer Product Safety Commission. SUMMARY: Pursuant to the Federal Agreement by the Commission and John Gibson Mullan, issuance of the Final Order, Respondent Advisory Committee Act (FACA), Public Director, Office of Compliance. Law 96–463, notice is hereby given that knowingly, voluntarily, and completely Eric L. Stone, waives any rights it may have in this the Defense Task Force on Sexual Director, Legal Division, Office of Harassment and Violence at the Military matter (1) to an administrative hearing, Compliance. (2) to judicial review or other challenge Service Academies will hold an open Andrea S. Paterson, meeting at the Courtyard Marriott, 2700 or contest of the validity of the Trial Attorney, Legal Division, Office of Commission’s actions, (3) to a Compliance. Eisenhower Avenue, Alexandria, determination by the Commission as to Virginia 22314, on April 20, 2005, from Order whether Respondent failed to comply 1 p.m. to 4 p.m. Be advised that the with CPSA and the underlying Upon consideration of the Settlement Task Force determined on March 31, regulations, (4) to a statement of Agreement between Respondent 2005, that this additional meeting is findings of fact and conclusions of law Hamilton Beach/Proctor-Silex, Inc., and necessary to ensure the report to the and (5) to any claims under the Equal the staff of the Consumer Product Safety Secretary of Defense is delivered within Access to Justice Act. Commission, and the Commission the Task Force’s scheduled deadline. 32. Upon provisional acceptance of having jurisdiction over the subject Purpose: The Task Force will meet on this Agreement by the Commission, this matter and over Hamilton Beach/ April 20, 2005, from 1 p.m. until 4 p.m. This session will be open to the public, Agreement shall be placed on the public Proctor-Silex, Inc., and it appearing that subject to the availability of space. In record and shall be published in the the Settlement Agreement and Order is keeping with the spirit of Federal Federal Register in accordance with the in the public interest, it is Ordered that Advisory Committee Act, it is the desire procedures set forth in 16 CFR the Settlement Agreement be, and of the Task Force to provide the public 1118.20(e). If the Commission does not hereby is, accepted and it is Further with an opportunity to make comment receive any written obligations within ordered that Hamilton Beach/Proctor- regarding the current work of the Task 15 days, the Agreement will be deemed Silex, Inc., shall pay the United States Force. The first hour of the meeting will finally accepted on the 16th day after Treasury a civil penalty in the amount be designated for any public comment. the date it is published in the Federal of one million, two-hundred thousand and 00/100 dollars ($1,200,000.00), During the final two hours, the Task Register. Force as a whole will discuss findings 33. The Commission may publicize payable within twenty (20) days of the and recommendations regarding the terms of this Settlement Agreement service of the Final Order upon victims’ rights and services, and Order upon provisional acceptance Hamilton Beach/Proctor-Silex, Inc. accountability, training, and community of this Agreement by the Commission. Upon the failure of Hamilton Beach/ 34. HB/PS’s full and timely payment Proctor-Silex, Inc., to make payment or collaboration at the U.S. Military and to the United States Treasury of a civil upon the making of a late payment by Naval Academies. Any interested citizens are encouraged to attend. penalty in the amount of one million Respondent (a) the entire amount of the two hundred thousand dollars civil penalty shall be due and payable, DATES: April 20, 2005 1 p.m.–4 p.m. ($1,200,000) resolves the allegations in and (b) interest on the outstanding Location: The Courtyard Marriott, paragraphs 4–23 above with respect to balance shall accrue and paid at the 2700 Eisenhower Avenue, Alexandria, (a) HB/PS, (b) any HB/PS parent, federal legal rate of interest under the Virginia 22314. subsidiary, affiliate, division, or related provisions of 28 U.S.C. 1961(a) and (b). FOR FURTHER INFORMATION CONTACT: Any entity; (c) any shareholder, director, Provisionally accepted and member of the public wishing further officer, employee, agent or attorney of Provisional Order issued on the 30th information concerning this meeting or any entity referenced in (a) or (b) above; day of March 2005. wishing to submit comments must and (d) any successor, heir, or assign of By order of the Commission. contact: Mr. William Harkey, Public any entity referenced in (a), (b), or (c) Todd A. Stevenson, Affairs Officer, Task Force on Sexual above. Secretary, Consumer Product Safety Harassment and Violence at the Military 35. The Commission’s Order in this Commission. Service Academies, 2850 Eisenhower matter is issued under the provisions of Finally accepted and Final Order issued on Ave, Suite 100, Alexandria, Virginia the CPSA, 15 U.S.C. 2051–2084. the llday of 2005. 22314; telephone: (703) 325–6640; Violation of this Order may subject By order of the Commission. DSN# 221–6640; Fax: (703) 325–6710/ Respondent to appropriate legal action. Todd A. Stevenson, 6711; [email protected]. 36. This Settlement Agreement may Secretary, Consumer Product Safety Interested persons may submit a be used in interpreting the Order. Commission. written statement for consideration by the Task Force and make an oral Agreements, understandings, [FR Doc. 05–6659 Filed 4–5–05; 8:45 am] presentation of such. Persons desiring to representations, or interpretations apart BILLING CODE 6355–01–M from those contained in this Settlement make an oral presentation or submit a Agreement and Order may not be used written statement to the Committee must notify the point of contact listed to vary or contradict its terms. DEPARTMENT OF DEFENSE 37. The provisions of this Settlement above no later than 5 p.m., April 15, Agreement and Order shall apply to Notice of the Defense Task Force on 2005. Oral presentations by members of Respondent, its parent, and each of their Sexual Harassment and Violence at the the public will be permitted only on successors and assigns. Military Service Academies—Open April 20, 2005, from 1 p.m. until 4 p.m. Meeting before the full Task Force. Presentations Dated: March 24, 2005. will be limited to ten (10) minutes each. Hamilton Beach/Proctor-Silex, Inc. AGENCY: Department of Defense. Number of oral presentations to be made Kathleen Diller. ACTION: Notice; Defense Task Force on will depend on the number of requests Eric A. Rubel, Sexual Harassment and Violence at the received from members of the public

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and the time allotted. Each person Dated: March 31, 2005. is to provide tools that help all Title IV desiring to make an oral presentation Jeannette Owings-Ballard, institutions promote better service to must provide the point of contact listed OSD Federal Register Liaison Officer, students, compliance, and continuous above with one (1) written copy of the Department of Defense. improvement in program delivery. The presentation by 5 p.m., April 15, 2005, [FR Doc. 05–6731 Filed 4–5–05; 8:45 am] program encourages participating and bring 15 written copies of any BILLING CODE 5001–06–P institutions to develop and implement material that is intended for distribution their own comprehensive systems to at the meeting. Persons submitting a verify student financial aid application written statement must submit 15 DEPARTMENT OF EDUCATION data, and continually assess compliance written copies of the statement to the to Federal requirements. Task Force staff by 5 p.m. on April 15, The Federal Student Aid Programs The Secretary is authorized to provide 2005. Under Title IV of the Higher Education participating institutions with General Information: Additional Act of 1965, as Amended regulatory flexibility for the verification information concerning the Defense of student data, and to encourage AGENCY: Task Force on Sexual Harassment and Department of Education. alternative approaches that improve Violence at The Military Service ACTION: Notice inviting letters of award accuracy. Academies, its structure, function, and application for participation in the The Secretary believes that the composition, may be found on the Quality Assurance Program. process of continuous improvement DTFSH and VTMA Web site (http:// fostered by the institutions already SUMMARY: The Secretary of Education www.dtic.mil/dtfs). participating in the Quality Assurance invites institutions of higher education Program has enhanced not only the Dated: April 1, 2005. that may wish to participate in the accuracy of student aid awards and Jeannette Owings-Ballard, Quality Assurance Program, under payments, but also the management of OSD Federal Register Liaison Officer, section 487A(a) of the Higher Education student aid offices and the delivery of Department of Defense. Act of 1965, as amended (HEA), to services to students. [FR Doc. 05–6826 Filed 4–5–05; 8:45 am] submit a letter of application to Features of the Program BILLING CODE 5001–06–P participate in the program. DATES: Letters of application may be The mission of the Quality Assurance submitted any time after April 6, 2005. Program is to help schools attain, DEPARTMENT OF DEFENSE sustain, and advance exceptional ADDRESSES: Institutions wishing to student aid delivery and service Office of the Assistant Secretary of apply to participate in the Quality excellence. For the past 19 years, the Defense for Health Affairs; Meeting of Assurance Program may do so by program has done that by providing the Board of Regents of the Uniformed mailing a letter of application to Barbara participating institutions with the Services University of the Health Mroz, Federal Student Aid, U.S. flexibility to design an institutional Sciences Department of Education, 830 First verification program that more directly Street, NE., room 84F1, Washington, DC focuses on their own population AGENCY: Uniformed Services University 20202–5232 or by submitting a letter of segments. It has also helped them target of the Health Sciences. application electronically to Barbara areas of administration that affect award Mroz at: [email protected]. ACTION: Notice. accuracy or that may leave the FOR FURTHER INFORMATION CONTACT: institution vulnerable to potential (1) Approval of Minutes—February 8, Sharyn Hutson, Federal Student Aid, liabilities. 2005. U.S. Department of Education, 830 First The Quality Assurance Program has (2) Faculty Matters. Street, NE., room 83G3, Washington, DC given institutions the tools and (3) Departmental Reports. 20202–5232. Telephone: (202) 377– techniques to assess, measure, analyze, (4) Financial Report. 4379, or via e-mail: correct and prevent problems, and has [email protected]. (5) Report—Interim President, provided them with data on which to If you use a telecommunications USUHS. base their decisions for solving device for the deaf (TDD), you may call problems and addressing verification (6) Report—Dean, School of Medicine. the Federal Information Relay Service issues. (7) Report—Dean, Graduate School of (FIRS) at 1–888–877–8339. The Secretary encourages institutions Nursing. Individuals with disabilities may participating in the Quality Assurance (8) Approval of Degrees—School of obtain this document in an alternative Program to evaluate their student aid or Medicine; Graduate format (e.g., Braille, large print, audio verification policies and procedures and School of Nursing. tape or computer diskette) on request by adopt improvements in those (9) Comments—Chairman, Board of contacting the person listed under FOR procedures. Institutions measure Regents. FURTHER INFORMATION CONTACT. performance and test the effectiveness (10) New Business. SUPPLEMENTARY INFORMATION: of their verification program by using DATES: May 20, 2005, 8 a.m. to 4 p.m. the Department’s ISIR Analysis Tool. Background The ISIR Analysis Tool is a web-based ADDRESSES: Uniformed Services Institutions of higher education are software product that provides University of the Health Sciences, Board invited to join the Department in an Financial Aid Administrators with an of Regents Conference Room (D3001), effort to simplify regulations and in-depth analysis of their applicant 4301 Jones Bridge Road, Bethesda, MD administrative processes for the Federal population. It allows them to see not 20814–4799. Student Aid (FSA) Programs authorized only which FAFSA elements changed FOR FURTHER INFORMATION CONTACT: by Title IV of the Higher Education Act when verified, but also what impact Barry W. Wolcott, M.D., Executive of 1965, as amended (HEA). The vision these changes have upon the Expected Secretary, Board of Regents, (301) 295– of the Quality Assurance Program, with Family Contribution (EFC) and aid 3681. 145 institutions currently participating, eligibility. This analysis helps Financial

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Aid Administrators develop a targeted Document Format (PDF) on the Internet Full Text of Announcement institutional verification program, at the following site: http://www.ed.gov/ I. Funding Opportunity Description which ultimately makes the financial news/fedRegister. Purpose of Program: Grants for the aid process easier for students, while To use PDF you must have Adobe Integration of Schools and Mental ensuring accountability and integrity. Acrobat Reader, which is available free Health Systems will provide funds to The Quality Assurance Program also at this site. If you have questions about increase student access to high-quality helps institutions make improvements using PDF, call the U.S. Government mental health care by developing beyond verification and basic Printing Office (GPO), toll free, at 1– innovative approaches that link school compliance. By using the FSA 888–293–6498; or in the Washington, systems with the local mental health Assessments, schools can set goals for DC area at (202) 512–1530. continuous improvement in all areas of system. financial aid delivery. One key benefit Note: The official version of this document Priority: In accordance with 34 CFR is the document published in the Federal 75.105(b)(2)(iv), this priority is from of the program is the partnership Register. Free Internet access to the official between the Department and the section 5541 of the Elementary and edition of the Federal Register and the Code Secondary Education Act of 1965, as participating institutions. of Federal Regulations is available on GPO Both parties become engaged in Access at: http://www.gpoaccess.gov/nara/ amended by the No Child Left Behind promoting continuous improvement in index.html. Act of 2001 (ESEA) (20 U.S.C. 7269). the administration and delivery of the Absolute Priority: For FY 2005 and student financial assistance programs, Dated: March 31, 2005. any subsequent year in which we make thereby enhancing service to students. Theresa S. Shaw, awards based on the list of unfunded Chief Operating Officer Federal Student Aid. applications from this competition, this Invitation for Applications [FR Doc. 05–6745 Filed 4–5–05; 8:45 am] priority is an absolute priority. Under 34 The Secretary invites institutions of BILLING CODE 4000–01–P CFR 75.105(c)(3) we consider only higher education that administer one or applications that meet this priority. more Title IV programs to submit a This priority is: letter of application to participate in the DEPARTMENT OF EDUCATION Increasing student access to quality Quality Assurance Program. Institutions mental health care by developing that currently participate in the program Office of Safe and Drug-Free Schools; innovative approaches to link local may continue to do so without Overview Information; Grants for the school systems with the local mental submitting a new letter of application. Integration of Schools and Mental health system. A program funded under The Secretary will review the letter of Health Systems; Notice Inviting this absolute priority must include all of application, which should reflect the Applications for New Awards for Fiscal the following activities: institution’s commitment to the goals of Year (FY) 2005 (1) Enhancing, improving, or the Quality Assurance Program, as developing collaborative efforts between determined by the Secretary. The letter Catalog of Federal Domestic school-based service systems and of application should address the Assistance (CFDA) Number: 84.215M. mental health service systems to following goals in detail: Dates: Applications Available: April provide, enhance, or improve • Attain and sustain compliance and 5, 2005. Deadline for Transmittal of prevention, diagnosis, and treatment continuous improvement in program Applications: May 16, 2005. Deadline services to students. delivery, and better service to students; for Intergovernmental Review: July 18, (2) Enhancing the availability of crisis • Improve the accuracy of 2005. intervention services, appropriate referrals for students potentially in need institutional verification programs; Eligible Applicants: State educational • Increase institutional flexibility in of mental health services, and ongoing agencies (SEAs), local educational managing student aid funds, while mental health services. agencies (LEAs), and Indian tribes. LEAs maintaining accountability for the (3) Providing training for the school or consortia of LEAs that have ever proper use of those funds; and personnel and mental health received funds or services under the • Encourage the development of professionals who will participate in the Safe Schools/Healthy Students Initiative innovative management approaches that program. (CFDA Number 84.184L), or will receive advance quality. (4) Providing technical assistance and funds under the FY 2005 competition consultation to school systems and Review Process for CFDA Number 84.184L, are not mental health agencies and families The Department will screen eligible for funding under this program. participating in the program. prospective participants to determine if Estimated Available Funds: (5) Providing linguistically the institution meets general Title IV $4,960,000. Contingent upon the appropriate and culturally competent eligibility requirements and has a availability of funds and the quality of services. demonstrated record of program applications, we may make additional (6) Evaluating the effectiveness of the compliance. The Secretary may also awards in FY 2006 from the list of program in increasing student access to consider the institution’s performance unfunded applications from this quality mental health services, and with regard to financial responsibility, competition. making recommendations to the administrative capability, program Estimated Range of Awards: Secretary about sustainability of the review findings, audit findings, etc. as $150,000–$350,000. program. Additional Requirements: outlined in the regulations and in the Estimated Average Size of Awards: (a) Coordination of Activities: Federal Student Aid Handbook. $250,000. Recipients funded under this Electronic Access to This Document Estimated Number of Awards: 20. competition will be required to You may view this document, as well Note: The Department is not bound by any coordinate activities under this program as all other documents of this estimates in this notice. with projects funded under the Department published in the Federal Department of Health and Human Register, in text or Adobe Portable Project Period: Up to 18 months. Services’ Substance Abuse and Mental

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Health Services Administration’s required final IAA and submit it to the availability of funds and the quality of Mental Health Transformation State U.S. Department of Education no later applications, we may make additional Infrastructure Grants (MHTSIG), if a than 12 months after the award date. awards in FY 2006 from the list of grantee’s State receives a MHTSIG (4) An assurance that: unfunded applications from this award. If a recipient of a grant under • Persons providing services under competition. this program also has received or the grant will be adequately trained to Estimated Range of Awards: receives a Department of Education provide such services; $150,000–$350,000. Emergency Response and Crisis • Services provided under the grant Estimated Average Size of Awards: Management (ERCM) grant (CFDA will be consistent with the six $250,000. 84.184E), the recipient must also requirements in the absolute priority; Estimated Number of Awards: 20. coordinate mental health services • Teachers, principal administrators, Note: The Department is not bound by any activities under this grant with those and other school personnel will be estimates in this notice. planned under its ERCM grant. made aware of the program; and (b) Application Requirements: • Parents of students participating in Project Period: Up to 18 months. Applicants for an award under this services under the program will be III. Eligibility Information program must develop and submit with involved in the design and their application a preliminary implementation of the services. 1. Eligible Applicants: SEAs, LEAs, interagency agreement (IAA). The Applications that fail to include the and Indian tribes. LEAs or consortia of preliminary IAA submitted with required preliminary IAA (with required LEAs that have ever received funds or application must contain the signatures content and signatures) will not be services under the Safe Schools/Healthy of an authorized representative of (1) submitted for peer review. Students Initiative (CFDA Number one or more SEAs or LEAs or Indian Waiver of Proposed Rulemaking: 84.184L), or will receive funds under tribes; (2) one or more juvenile justice Under the Administrative Procedure Act the FY 2005 competition for CFDA authorities; and (3) one or more State or (5 U.S.C. 553) the Department generally Number 84.184L, are not eligible for local public mental health agencies. At offers interested parties the opportunity funding under this program. a minimum, the preliminary IAA to comment on priorities and other grant 2. Cost Sharing or Matching: This submitted with the application must requirements. Section 437(d)(1) of the program does not involve cost sharing include the following information that General Education Provisions Act or matching but does have a details the work to be completed should (GEPA) (20 U.S.C. 1232(d)(1)), however, supplement-not-supplant requirement. the applicant receive a grant award allows the Secretary to exempt from Any services provided through under this competition: rulemaking requirements, regulations programs carried out under this grant (1) The designation of a lead agency governing the first grant competition must supplement, and not supplant, that will direct, in compliance with under a new or substantially revised existing mental health services, section 5541(e) of the ESEA, the program authority. This is the first including any services provided under establishment of the grantee’s final competition for Grants for the the Individuals with Disabilities interagency agreement among LEAs, Integration of Schools and Mental Education Act (20 U.S.C. 1400 et seq.). juvenile justice authorities, mental Health Systems under the No Child Left IV. Application and Submission health agencies, and other relevant Behind Act of 2001 and therefore Information entities in the State, in collaboration qualifies for this exemption. In order to with local entities and parents and ensure timely grant awards, under 1. Address to Request Application guardians of students; section 437(d)(1) of GEPA, the Secretary Package: Education Publications Center (2) Commitment of the parties in the has decided to forgo public comment on (ED Pubs), P.O. Box 1398, Jessup, MD applicant’s preliminary IAA to the Additional Requirements and the 20794–1398. Telephone (toll free): 1– participate in the development of the eligibility restriction pertaining to LEAs 877–433–7827. FAX: (301) 470–1244. If final interagency agreement described in or consortia of LEAs that have received you use a telecommunications device (1). The final interagency agreement or will receive funding under the Safe for the deaf (TDD), you may call (toll must specify, with regard to each Schools/Healthy Students Initiative free): 1–877–576–7734. participating agency, authority, or (84.184L). These Additional You may also contact ED Pubs at its entity— Requirements and the eligibility Web site: www.ed.gov/pubs/ • Financial responsibility for the restriction will apply to the FY 2005 edpubs.html or you may contact ED services that it will provide as part of grant competition and any subsequent Pubs at its e-mail address: the program; year in which we make awards based on [email protected]. • Conditions and terms of the list of unfunded applications from If you request an application from ED responsibility for the services, including this competition. Pubs, be sure to identify this quality, accountability, and Program Authority: 20 U.S.C. 7269. competition as follows: CFDA number coordination of services; Applicable Regulations: The 84.215 M. • Conditions and terms of Education Department General You may also download the reimbursement with and among the Administrative Regulations (EDGAR) in application from the Department of other agencies, authorities, or entities 34 CFR parts 74, 75, 77, 79, 80, 81, 82, Education’s Web site at: http:// that are parties to the interagency 84, 85, 97, 98, 99, and 299. www.ed.gov/fund/grant/apply/ agreement, including procedures for grantapps/index.html. dispute resolution; and Note: The regulations in 34 CFR part 79 Individuals with disabilities may • Policies and procedures to ensure apply to all applicants except federally obtain a copy of the application package appropriate parental or caregiver recognized Indian tribes. in an alternative format (e.g., Braille, consent for any planned services, large print, audiotape, or computer pursuant to state or local laws or II. Award Information diskette) by contacting the program requirements. Type of Award: Discretionary grants. contact person listed in this section. (3) A statement that the parties in the Estimated Available Funds: The public can also obtain preliminary IAA will complete the $4,960,000. Contingent upon the applications directly from the program

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office: Dana Carr, U.S. Department of • Your participation in e-Application Application Deadline Date Extension Education, 400 Maryland Avenue, SW., is voluntary. in Case of System Unavailability: If you room 3E242, FB–6, Washington, DC • You must complete the electronic are prevented from electronically 20202–6450. Telephone: (202) 260–0823 submission of your grant application by submitting your application on the or by e-mail: [email protected]. 4:30 p.m., Eastern Time, on the application deadline date because the e- If you use a telecommunications application deadline date. The e- Application system is unavailable, we device for the deaf (TDD), you may call Application system will not accept an will grant you an extension of one the Federal Relay Service (FRS) at 1– application for this competition after business day in order to transmit your 800–877–8339. 4:30 p.m., Eastern Time, on the application electronically, by mail, or by 2. Content and Form of Application application deadline date. Therefore, we hand delivery. We will grant this Submission: Requirements concerning strongly recommend that you do not extension if— the content of an application, together wait until the application deadline date (1) You are a registered user of e- with the forms you must submit, are in to begin the application process. Application and you have initiated an the application package for this • The regular hours of operation of electronic application for this program. the e-Grants Web site are 6 a.m. Monday competition; and 3. Submission Dates and Times: until 7 p.m. Wednesday; and 6 a.m. (2) (a) The e-Application system is Applications Available: April 5, 2005. Thursday until midnight Saturday, unavailable for 60 minutes or more Deadline for Transmittal of Eastern Time. Please note that the between the hours of 8:30 a.m. and 3:30 Applications: May 16, 2005. system is unavailable on Sundays, and p.m., Eastern Time, on the application Applications for grants under this between 7 p.m. on Wednesdays and 6 deadline date; or competition may be submitted a.m. on Thursdays, Eastern Time, for (b) The e-Application system is electronically using the Electronic Grant maintenance. Any modifications to unavailable for any period of time Application System (e-Application) these hours are posted on the e-Grants between 3:30 p.m. and 4:30 p.m., accessible through the Department’s e- Web site. Eastern Time, on the application • Grants system, or in paper format by You will not receive additional deadline date. mail or hand delivery. For information point value because you submit your We must acknowledge and confirm (including dates and times) about how application in electronic format, nor these periods of unavailability before to submit your application will we penalize you if you submit your granting you an extension. To request electronically, or by mail or hand application in paper format. • this extension or to confirm our delivery, please refer to section IV.6. You must submit all documents acknowledgement of any system Other Submission Requirements in this electronically, including the unavailability, you may contact either notice. Application for Federal Education (1) the person listed elsewhere in this We do not consider an application Assistance (ED 424), Budget notice under FOR FURTHER INFORMATION that does not comply with the deadline Information—Non-Construction CONTACT (see VII. Agency Contact) or (2) requirements. Deadline for Programs (ED 524), and all necessary the e-Grants help desk at 1–888–336– Intergovernmental Review: July 18, assurances and certifications. 8930. If the system is down and 2005. • Any narrative sections of your therefore the application deadline is 4. Intergovernmental Review: This application should be attached as files extended, an e-mail will be sent to all program is subject to Executive Order in a .DOC (document), .RTF (rich text), registered users who have initiated an e- 12372 and the regulations in 34 CFR or .PDF (Portable Document) format. Application. part 79. Information about • Your electronic application must Extensions referred to in this section Intergovernmental Review of Federal comply with any page limit apply only to the unavailability of the Programs under Executive Order 12372 requirements described in this notice. is in the application package for this • Prior to submitting your electronic Department’s e-Application system. If program. application, you may wish to print a the e-Application system is available, 5. Funding Restrictions: We reference copy of it for your records. and, for any reason, you are unable to additional regulations outlining funding • After you electronically submit submit your application electronically restrictions in the Applicable your application, you will receive an or you do not receive an automatic Regulations section of this notice. automatic acknowledgement that will acknowledgement of your submission, 6. Other Submission Requirements: include a PR/Award number (an you may submit your application in Applications for grants under this identifying number unique to your paper format by mail or hand delivery competition may be submitted application). in accordance with the instructions in electronically or in paper format by mail • Within three working days after this notice. or hand delivery. submitting your electronic application, b. Submission of Paper Applications a. Electronic Submission of fax a signed copy of the ED 424 to the by Mail. Applications. Application Control Center after If you submit your application in If you choose to submit your following these steps: paper format by mail (through the U.S. application to us electronically, you (1) Print ED 424 from e-Application. Postal Service or a commercial carrier), must use e-Application available (2) The applicant’s Authorizing you must mail the original and two through the Department’s e-Grants Representative must sign this form. copies of your application, on or before system, accessible through the e-Grants (3) Place the PR/Award number in the the application deadline date, to the portal page at: http://e-grants.ed.gov. upper right hand corner of the hard- Department at the applicable following While completing your electronic copy signature page of the ED 424. address: By mail through the U.S. Postal application, you will be entering data (4) Fax the signed ED 424 to the Service: U.S. Department of Education, online that will be saved into a Application Control Center at (202) Application Control Center, Attention: database. You may not e-mail an 245–6272. (CFDA Number 84.215M), 400 Maryland electronic copy of a grant application to • We may request that you provide us Avenue, SW., Washington, DC 20202– us. original signatures on other forms at a 4260 Please note the following: later date. or

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By mail through a commercial carrier: you should call the U.S. Department of these two outcomes in conceptualizing U.S. Department of Education, Education Application Control Center at the approach and evaluation of their Application Control Center—Stop 4260, (202) 245–6288. proposed project. If funded, applicants Attention: (CFDA Number 84.215M), V. Application Review Information will be asked to collect and report data 7100 Old Landover Road, Landover, MD in their performance and final reports 20785–1506. 1. Selection Criteria: The selection about progress toward these goals. The Regardless of which address you use, criteria for this program are in the Secretary will also use this information you must show proof of mailing application package. to respond to the evaluation 2. Review and Selection Process: consisting of one of the following: requirements concerning this program Additional factors we consider in (1) A legibly dated U.S. Postal Service established in Section 5541(f) of the postmark, selecting an application for an award are ESEA. (2) A legible mail receipt with the the equitable distribution of grants date of mailing stamped by the U.S. among the geographical regions of the VII. Agency Contact Postal Service, United States and among urban, (3) A dated shipping label, invoice, or suburban, and rural populations. FOR FURTHER INFORMATION CONTACT: Dana Carr, U.S. Department of receipt from a commercial carrier, or VI. Award Administration Information (4) Any other proof of mailing Education, 400 Maryland Avenue, SW., acceptable to the Secretary of the U.S. 1. Award Notices: If your application room 3E242, Washington, DC 20202– Department of Education. is successful, we notify your U.S. 6450. Telephone: (202) 260–0823 or by If you mail your application through Representative and U.S. Senators and email: [email protected]. the U.S. Postal Service, we do not send you a Grant Award Notification (GAN). We may also notify you If you use a telecommunications accept either of the following as proof device for the deaf (TDD), you may call of mailing: informally. the Federal Relay Service (FRS) at 1– (1) A private metered postmark, or If your application is not evaluated or (2) A mail receipt that is not dated by not selected for funding, we notify you. 800–877–8339. the U.S. Postal Service. 2. Administrative and National Policy Individuals with disabilities may If your application is postmarked after Requirements: We identify obtain this document in an alternative the application deadline date, we will administrative and national policy format (e.g., Braille, large print, not consider your application. requirements in the application package audiotape, or computer diskette) on and reference these and other Note: The U.S. Postal Service does not request to the program contact person requirements in the Applicable listed in this section. uniformly provide a dated postmark. Before Regulations section of this notice. relying on this method, you should check We reference the regulations outlining VIII. Other Information with your local post office. the terms and conditions of an award in c. Submission of Paper Applications the Applicable Regulations section of Electronic Access to This Document: by Hand Delivery. this notice and include these and other You may view this document, as well as If you submit your application in specific conditions in the GAN. The all other documents of this Department paper format by hand delivery, you (or GAN also incorporates your approved published in the Federal Register, in a courier service) must deliver the application as part of your binding text or Adobe Portable Document original and two copies of your commitments under the grant. Format (PDF) on the Internet at the application by hand, on or before the 3. Reporting: At the end of your following site: http://www.ed.gov/news/ application deadline date, to the project period, you must submit a final fedregister. Department at the following address: performance report, including financial To use PDF you must have Adobe U.S. Department of Education, information, as directed by the Acrobat Reader, which is available free Application Control Center, Attention: Secretary. You must also submit a at this site. If you have questions about (CFDA Number 84.215M), 550 12th progress report nine months after the using PDF, call the U.S. Government Street, SW., Room 7041, Potomac Center award date. This report should provide Printing Office (GPO), toll free, at 1– Plaza, Washington, DC 20202–4260. the most current performance and The Application Control Center financial expenditure information, 888–293–6498; or in the Washington, accepts hand deliveries daily between 8 including baseline data. DC, area at (202) 512–1530. a.m. and 4:30 p.m., Eastern Time, except 4. Performance Measures: The Note: The official version of this document Saturdays, Sundays, and Federal Secretary has established the following is the document published in the Federal holidays. key performance measures for assessing Register. Free Internet access to the official Note for Mail or Hand Delivery of the effectiveness of the Grants for the edition of the Federal Register and the Code Paper Applications: If you mail or hand Integration of Schools and Mental of Federal Regulations is available on GPO deliver your application to the Health Systems program: Access at: http://www.gpoaccess.gov/nara/ Department: a. The percentage of schools served by index.html. (1) You must indicate on the envelope the grant that have comprehensive, and—if not provided by the detailed linkage protocols in place will Dated: March 31, 2005. Department—in Item 4 of the ED 424 the increase; and Deborah A. Price, CFDA number—and suffix letter, if b. The percentage of school personnel Assistant Deputy Secretary for Safe and Drug- any—of the competition under which served by the grant who are trained to Free Schools. you are submitting your application. make appropriate referrals to mental [FR Doc. 05–6744 Filed 4–5–05; 8:45 am] (2) The Application Control Center health services will increase. will mail a grant application receipt These two measures constitute the BILLING CODE 4000–01–P acknowledgment to you. If you do not Department’s indicators of success for receive the grant application receipt this program. Consequently, applicants acknowledgment within 15 business for a grant under this program are days from the application deadline date, advised to give careful consideration to

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DEPARTMENT OF EDUCATION preserving the effective and efficient integrates many issues relating to administration of the program. disability and rehabilitation research National Institute on Disability and During and after the comment period, topics. While applicants will find many Rehabilitation Research—Disability you may inspect all public comments sections throughout the Plan that and Rehabilitation Research Projects about this proposed priority in room support potential research to be and Centers Program—Disability and 6030, 550 12th Street, SW., Potomac conducted under the proposed priority, Rehabilitation Research Projects Center Plaza, Washington, DC, between the specific reference is in Chapter 3, the hours of 8:30 a.m. and 4 p.m., Employment Outcomes. The Plan can be AGENCY: Office of Special Education and eastern time, Monday through Friday of accessed on the Internet at the following Rehabilitative Services, Department of each week except Federal holidays. site: http://www.ed.gov/rschstat/ Education. research/pubs/index.html. ACTION: Notice of proposed priority. Assistance to Individuals With Disabilities in Reviewing the Through the implementation of the SUMMARY: The Assistant Secretary for Rulemaking Record NFI and the Plan, NIDRR seeks to: (1) Improve the quality and utility of Special Education and Rehabilitative On request, we will supply an Services proposes a priority for the disability and rehabilitation research; appropriate aid, such as a reader or (2) foster an exchange of expertise, National Institute on Disability and print magnifier, to an individual with a Rehabilitation Research’s (NIDRR) information, and training to facilitate disability who needs assistance to the advancement of knowledge and Disability and Rehabilitation Research review the comments or other Projects and Centers Program, Disability understanding of the unique needs of documents in the public rulemaking traditionally underserved populations; and Rehabilitation Research Projects record for this proposed priority. If you (DRRP). This priority may be used for (3) determine best strategies and want to schedule an appointment for programs to improve rehabilitation competitions in fiscal year (FY) 2005 this type of aid, please contact the and later years. We take this action to outcomes for underserved populations; person listed under FOR FURTHER focus research attention on areas of (4) identify research gaps; (5) identify INFORMATION CONTACT. national need. We intend this priority to mechanisms of integrating research and We will announce the final priority in practice; and (6) disseminate findings. improve rehabilitation services and a notice in the Federal Register. We will outcomes for individuals with determine the final priority after Disability and Rehabilitation Research disabilities. considering responses to this notice and Projects (DRRP) Program DATES: We must receive your comments other information available to the The purpose of the DRRP Program is on or before May 6, 2005. Department. This notice does not to plan and conduct research, ADDRESSES: Address all comments about preclude us from proposing or funding demonstration projects, training, and this proposed priority to Donna Nangle, additional priorities, subject to meeting related activities that help to maximize U.S. Department of Education, 400 applicable rulemaking requirements. the full inclusion and integration of Maryland Avenue, SW., Room 6030, Note: This notice does not solicit individuals with disabilities into society Potomac Center Plaza, Washington, DC applications. In any year in which we choose and to improve the effectiveness of 20204–2700. If you prefer to send your to use this proposed priority, we invite services authorized under the comments through the Internet, use the applications through a notice in the Federal Rehabilitation Act of 1973, as amended following address: Register. When inviting applications we designate the priority as absolute, (the Act). An applicant for assistance [email protected]. competitive preference, or invitational. The under this program must demonstrate in FOR FURTHER INFORMATION CONTACT: effect of each type of priority follows: its application how it will address, in whole or in part, the needs of Donna Nangle. Telephone: (202) 245– Absolute priority: Under an absolute 7462. priority, we consider only applications that individuals with disabilities from If you use a telecommunications meet the priority (34 CFR 75.105(c)(3)). minority backgrounds (34 CFR device for the deaf (TDD), you may call Competitive preference priority: Under a 350.40(a)). The approaches an applicant the Federal Relay Service (FRS) at 1– competitive preference priority, we give may take to meet this requirement are 800–877–8339. competitive preference to an application by found in 34 CFR 350.40(b). Additional Individuals with disabilities may either (1) awarding additional points, information on the DRRP program can depending on how well or the extent to be found at: http://www.ed.gov/rschstat/ obtain this document in an alternative which the application meets the competitive format (e.g., Braille, large print, priority (34 CFR 75.105(c)(2)(i)); or (2) research/pubs/res-program.html#DRRP. audiotape, or computer diskette) on selecting an application that meets the Priority request to the contact person listed competitive priority over an application of under FOR FURTHER INFORMATION comparable merit that does not meet the Background CONTACT. priority (34 CFR 75.105(c)(2)(ii)). Despite past attempts to reduce Invitational priority: Under an invitational SUPPLEMENTARY INFORMATION: priority, we are particularly interested in unemployment rates for individuals with disabilities, these individuals Invitation to Comment applications that meet the invitational priority. However, we do not give an continue to be employed at much lower We invite you to submit comments application that meets the invitational rates than individuals without regarding this proposed priority. priority a competitive or absolute preference disabilities. The 2003 American We invite you to assist us in over other applications (34 CFR 75.105(c)(1)). Community Survey (U.S. Bureau of the complying with the specific Note: NIDRR supports the goals of Census, http://www.census.gov/acs/ requirements of Executive Order 12866 President Bush’s New Freedom Initiative www/Products/Profiles/Single/2003/ and its overall requirement of reducing (NFI). The NFI can be accessed on the ACS/Tabular/010/01000US2.htm), for regulatory burden that might result from Internet at the following site: http:// example, found that approximately 37.8 this proposed priority. Please let us www.whitehouse.gov/infocus/newfreedom. percent of adults age 21 to 64 with know of any further opportunities we The proposed priority is in concert disabilities were employed, compared to should take to reduce potential costs or with NIDRR’s Long-Range Plan (Plan). approximately 77.5 percent of adults increase potential benefits while The Plan is comprehensive and with no disability. NIDRR is committed

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to supporting research on employment Proposed Priority Summary of Potential Costs and models and intervention approaches Benefits that can help reduce this discrepancy. The Assistant Secretary proposes a priority for one DRRP, which must focus The potential costs associated with Strategic models and approaches for its research on demand-side this proposed priority are minimal employment and job placement of employment placement models. Studies while the benefits are significant. individuals with disabilities fall conducted under this priority must Grantees may anticipate costs associated primarily into two categories: Supply- support rigorous, empirically based with completing the application process side and demand-side. In supply-side research designed to develop or identify in terms of staff time, copying, and models, individuals are matched against and evaluate demand-side employment mailing or delivery. The use of e- an available supply of jobs. In demand- placement models, methods, and Application technology reduces mailing side employment models, the focus is measures. on the employer and work environment and copying costs significantly. To meet this priority, research (i.e., occupational shifts and industrial The benefits of the DRRP Program activities and studies must identify or change). have been well established over the develop, demonstrate, and evaluate years in that similar projects have been NIDRR believes that a better methods, models, and measures leading completed successfully. This proposed understanding about market driven to the following: priority will generate new knowledge workforce trends could improve (1) Psychometrically sound measures employment outcomes for individuals through the research to be conducted for determining employer-focused under the proposed priority. with disabilities and inform employment needs; employment activities so that the Another benefit of this proposed potential workforce applicant pool is (2) Types of employment priority will be the establishment of a better prepared to effectively meet interventions that effectively address new DRRP that supports the President’s future or changing needs and employer issues, including methods for NFI and will support improvements in requirements of the job market. increasing employer and business entity the lives and potential employment participation in the development of outcomes of persons with disabilities. The supply-side and demand-side strategies for improving employment models for job placement are among the outcomes for individuals with Applicable Program Regulations: 34 most frequently discussed in the disabilities; CFR part 350. research literature. However, there are a (3) Analysis comparing the Electronic Access to This Document limited number of studies that describe effectiveness of the demand-side model the differences between the two models. You may view this document, as well and the supply-side model and Similarly, the literature that does as all other Department of Education identification of the predictors of discuss the differences between the two documents published in the Federal workforce participation for specific models provides limited insight about Register, in text or Adobe Portable populations of individuals with Document Format (PDF) on the Internet factors that influence the employment disabilities using both models; and rate for persons with disabilities. at the following site: http://www.ed.gov/ Additionally, studies identify but (4) Effective measures for evaluating news/fedregister. provide limited understanding about the the role of demand-side models in To use PDF you must have Adobe following critical issues and concerns relation to employment outcomes, Acrobat Reader, which is available free employment data, individual and relating to demand-side models: (1) at this site. If you have questions about systems level outcomes, and trends Changing structure of the workforce and using PDF, call the U.S. Government across workplace environments and the impact of downsizing; (2) increasing Printing Office (GPO), toll free, at 1– use of on-call workers, temporary help employment systems, including measures that involve macroeconomic, 888–293–6498; or in the Washington, agencies, and independent contractors; DC, area at (202) 512–1530. (3) rapid advances in technology legislative, or policy issues that potentially influence employment Note: The official version of this document requiring the need for highly educated, outcomes. is the document published in the Federal highly skilled workers; (4) employer Register. Free Internet access to the official perceptions, beliefs, and attitudes Executive Order 12866 edition of the Federal Register and the Code regarding the employment of of Federal Regulations is available on GPO individuals with disabilities; (5) This notice of proposed priority has been reviewed in accordance with Access at: http://www.gpoaccess.gov/nara/ employer knowledge and use of index.html. incentives for hiring individuals with Executive Order 12866. Under the terms disabilities; (6) the effect of labor market of the order, we have assessed the (Catalog of Federal Domestic Assistance demand policies and economic factors potential costs and benefits of this Number 84.133A, Disability Rehabilitation on employment outcomes for regulatory action. Research Project.) The potential costs associated with individuals with disabilities; (7) Program Authority: 29 U.S.C. 762(g) and the notice of proposed priority are those employer-based hiring practices that 764(a). influence employment outcomes and resulting from statutory requirements employer understanding of the and those we have determined as Dated: March 31, 2005. implications of employment practices necessary for administering this John H. Hager, for individuals with disabilities; and (8) program effectively and efficiently. Assistant Secretary for Special Education and predictors of return to work and In assessing the potential costs and Rehabilitative Services. workforce participation. This priority benefits—both quantitative and [FR Doc. 05–6748 Filed 4–5–05; 8:45 am] seeks to improve our understanding of qualitative—of this notice of proposed BILLING CODE 4000–01–P demand-side placement models and priority, we have determined that the strategies and employment outcomes benefits of the proposed priority justify from a variety of perspectives. the costs.

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DEPARTMENT OF EDUCATION (a) Meet developmental and disabilities described in section 602(3) functional goals, and challenging of IDEA; Office of Special Education and academic achievement goals that have (h) Familiarize themselves with the Rehabilitative Services; Overview been established for all children; and provision of special education and Information; Training and Information (b) Be prepared to lead productive, related services in the areas they serve for Parents of Children With independent adult lives, to the to help ensure that children with Disabilities—Parent Training and maximum extent possible. disabilities are receiving appropriate Information Centers; Notice Inviting In addition, a purpose of this priority services; Applications for New Awards for Fiscal is to ensure that children with (i) Assist parents to— Year (FY) 2005 disabilities and their parents receive (1) Better understand the nature of training and information on their rights, their children’s disabilities and their Catalog of Federal Domestic educational, developmental, and Assistance (CFDA) Number: 84.328M. responsibilities, and protections under transitional needs; Dates: Applications Available: April IDEA in order to develop the skills (2) Communicate effectively and work 7, 2005. Deadline for Transmittal of necessary to cooperatively and collaboratively with personnel Applications: May 25, 2005. Deadline effectively participate in planning and responsible for providing special for Intergovernmental Review: July 25, decision making relating to early education, early intervention services, 2005. intervention, educational, and Eligible Applicants: Parent transitional services. transition services, and related services; (3) Participate in decision making organizations, as defined in section III. Text of Priority: processes regarding participation in Eligibility Information in this notice. Estimated Available Funds: A PTI Center shall— State and local assessments and the $3,307,306. Information concerning (a) Provide training and information development of individualized funding amounts for individual States is that meets the needs of parents of education programs and individualized provided in a chart elsewhere in this children with disabilities living in the family service plans; notice under section II, Award area served by the PTI Center, (4) Obtain appropriate information Information. particularly underserved parents and about the range, type and quality of (A) Estimated Average Size of Awards: parents of children who may be options, programs, services, $275,600. inappropriately identified as having a technologies, practices and Estimated Number of Awards: 12. disability when the child may not have interventions that are based on a disability, to enable their children scientifically based research, to the Note: The Department is not bound by any with disabilities to— extent practicable, and (B) resources estimates in this notice. (1) Meet developmental and available to assist children with Project Period: With the exception of functional goals and challenging disabilities and their families in school Mississippi, projects will be funded for academic achievement goals established and at home, including information a period up to 60 months. Mississippi for all children; and available through the Office of Special will be funded for a period up to 48 (2) Be prepared to lead productive Education Programs’ (OSEP) technical months. independent adult lives, to the assistance network and Communities of Full Text of Announcement maximum extent possible; Practice; (b) Ensure that the training and (5) Understand the provisions of IDEA I. Funding Opportunity Description information provided meets the needs of for the education of, and the provision Purpose of Program: The purpose of low-income parents and parents of of early intervention services to, this program is to ensure that parents of limited English proficient children; children with disabilities; children with disabilities receive (c) Assist parents in resolving (6) Participate in activities at the training and information to help disputes in the most expeditious and school level that benefit their children; improve results for their children. effective way possible, including and Priority: In accordance with 34 CFR encouraging the use, and explaining the (7) Participate in school reform 75.105(b)(2)(iv) and (v), this priority is benefits, of alternative methods of activities; from allowable activities specified in dispute resolution, such as the (j) In States where the State elects to the statute, or otherwise authorized in mediation process described in section contract with the parent training and the statute (see sections 671 and 681(d) 615(e) of IDEA; information center, contract with the of the Individuals with Disabilities (d) Assist parents and students with State educational agencies to provide, Education Act (IDEA)). disabilities to understand their rights consistent with subparagraphs (B) and Absolute Priority: For FY 2005 this and responsibilities under IDEA, (D) of section 615(e)(2) of IDEA, priority is an absolute priority. Under 34 including those under section 615(m) of individuals who meet with parents to CFR 75.105(c)(3), we consider only IDEA upon the student’s reaching the explain the mediation process to the applications that meet this priority. age of majority (as appropriate under parents; This priority is: State law); (k) Establish cooperative partnerships Parent Training and Information (e) Assist parents to understand the with other PTI Centers in the State and Centers (PTI Centers) Background: This availability of, and how to effectively Community Parent Resource Centers priority supports parent training and use, procedural safeguards under IDEA, (CPRC) funded under section 672 of information centers that will provide including the resolution session IDEA; parents of children with disabilities, described in section 615(e) of IDEA; (l) Respond to requests from the including low-income parents, parents (f) Assist parents in understanding, National Technical Assistance Center of limited English proficient children preparing for, and participating in, the (NTAC) and Regional Parent Technical and parents with disabilities, with the process described in section 615(f)(1)(B) Assistance Centers (PTACs) and use the training and information they need to of IDEA; technical assistance services of the enable them to participate effectively in (g) Serve the parents of infants, NTAC and PTACs in order to serve the helping their children with disabilities toddlers, and children, from ages birth families of infants, toddlers, and to— through 26, with the full range of children with disabilities as efficiently

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as possible. PTACs are charged with Proposed Rulemaking: Under the adopted regional designations assisting parent centers with Administrative Procedure Act (APA) (5 established by Pennsylvania and has administrative and programmatic issues; U.S.C. 553) the Department generally identified corresponding maximum (m) Network with appropriate offers interested parties the opportunity award amounts. Regions were identified clearinghouses, including organizations to comment on proposed priorities. in Pennsylvania by utilizing the conducting national dissemination However, section 681(d) of IDEA makes educational services breakdown activities under section 663 of IDEA, the the public comment requirements in the operational within the State. Any Institute of Education Sciences, and APA inapplicable to the priority in this applicant that applies for grants for with other national, State, and local notice. more than one region must complete a organizations and agencies, such as Program Authority: 20 U.S.C. 1471. separate application for each region. In protection and advocacy agencies, that Applicable Regulations: The Pennsylvania, one award will be made serve parents and families of children Education Department General in the following amounts to a qualified with the full range of disabilities Administrative Regulations (EDGAR) in applicant for a PTI Center to serve each described in section 602(3) of IDEA; 34 CFR parts 74, 75, 77, 79, 81, 82, 84, identified Region: 85, 97, 98, and 99. (n) Annually report to the Assistant Region 1—$382,000 Secretary on— II. Award Information Region 2—$254,650 (1) The number and demographics of parents to whom the PTI Center Type of Award: Discretionary grants. The total of these two awards will not provided information and training in Estimated Available Funds: exceed the maximum amount listed in the most recently concluded fiscal year, $3,307,306. Information concerning the following chart. A list of the (2) The effectiveness of strategies used funding amounts for individual States is counties that are included in each to reach and serve parents, including provided elsewhere in this section of region follows the chart. underserved parents of children with this notice. disabilities by providing evidence of Estimated Average Size of Awards: INDIVIDUALS WITH DISABILITIES EDU- how those parents were served $275,600. CATION ACT APPLICATION NOTICE Estimated Number of Awards: 12. effectively; and FOR FISCAL YEAR 2005 (3) The number of parents served who Note: The Department is not bound by any have resolved disputes through estimates in this notice. Maximum CFDA No. and name award alternative methods of dispute Project Period: With the exception of (per year)** resolution; Mississippi, projects will be funded for (o) If there is more than one PTI a period up to 60 months. Mississippi 84.328M Parent Training and Center in a particular State, coordinate will be funded for a period up to 48 Information Centers*: its activities with the other center or months. Hawaii ...... $210,680 centers to ensure the most effective Estimated Project Awards: In order to Idaho ...... 208,780 assistance to parents in that State; allocate resources equitably, create a ...... 334,000 (p) Budget for a two-day Project unified system of service delivery, and Mississippi ...... 244,050 Directors’ meeting in Washington, DC provide the broadest coverage for the ...... 208,600 North Carolina ...... 424,225 during each year of the project. In parents and families in every State, the Oklahoma ...... 255,566 addition, a project’s budget must Assistant Secretary is making awards in Pennsylvania ...... 636,650 include funds to attend a regional five-year cycles for each State. In FY —Region 1 ...... 382,000 Project Directors’ meeting to be held 2005, applications for 5-year awards —Region 2 ...... 254,650 each year of the project; will be accepted for the following Rhode Island ...... 209,400 (q) If the PTI Center maintains a Web States: Hawaii; Idaho; Louisiana; New Tennessee ...... 364,708 site, include relevant information and Hampshire; North Carolina; Oklahoma; West Virginia ...... 210,647 documents in a form that meets a Pennsylvania; Rhode Island; Tennessee; * Awards may also be made to eligible appli- government or industry-recognized and West Virginia. Applications for a 4- cants in the Virgin Islands, Guam, the Com- standard for accessibility; year award will be accepted for the State monwealth of the Northern Mariana Islands, (r) Prior to developing any new of Mississippi. Awards may also be and the freely associated States. However, maximum funding levels for these areas have product, whether paper or electronic, made to eligible applicants in the Virgin not been specified. submit for approval a proposal Islands, Guam, the Commonwealth of ** We will reject any application that pro- describing the content and purpose of the Northern Mariana Islands, and the poses a budget exceeding the funding level the product to the document review freely associated States; however, for a single budget period of 12 months. board of OSEP’s Dissemination Center; maximum funding levels for these areas Pennsylvania Regions (s) In collaboration with OSEP and the have not been specified. NTAC, participate in an annual The Assistant Secretary took into Region 1 includes the following collection of program data for PTI consideration current funding levels counties: Adams, Berks, Bucks, Carbon, Centers and CPRCs; and and population distribution when Chester, Cumberland, Dauphin, (t) Identify with specificity in its determining the award amounts for Delaware, Lackawanna, Lancaster, application the special efforts it will grants under this competition. Lebanon, Lehigh, Luzerne, Monroe, make to— In the following States, one award Montgomery, Northampton, Perry, (1) Ensure that the needs for training may be made for up to the amounts Philadelphia, Pike, Schuylkill, and information of underserved parents listed in the chart to a qualified Susquehanna, Wayne, Wyoming, and of children with disabilities in the area applicant for a PTI Center to serve the York. to be served are effectively met; and entire State: Hawaii, Idaho, Louisiana, Region 2 includes the following (2) Work with community based Mississippi, New Hampshire, North counties: Allegheny, Armstrong, Beaver, organizations, including community Carolina, Oklahoma, Rhode Island, Bedford, Blair, Bradford, Butler, based organizations that work with low- Tennessee, and West Virginia. Cambria, Cameron, Centre, Clarion, income parents and parents of limited To ensure maximum coverage for this Clearfield, Clinton, Columbia, Crawford, English proficient children. Waiver of competition, the Assistant Secretary has Elk, Erie, Fayette, Forest, Franklin,

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Fulton, Greene, Huntingdon, Indiana, Individuals with disabilities may 4. Intergovernmental Review: This Jefferson, Juniata, Lawrence, Lycoming, obtain a copy of the application package program is subject to Executive Order McKean, Mercer, Mifflin, Montour, in an alternative format (e.g., Braille, 12372 and the regulations in 34 CFR Northumberland, Potter, Snyder, large print, audiotape, or computer part 79. Information about Somerset, Sullivan, Tioga, Union, diskette) by contacting the Grants and Intergovernmental Review of Federal Venango, Warren, Washington, and Contracts Services Team listed under Programs under Executive Order 12372 Westmoreland. For Further Information Contact in is in the application package for this section VII of this notice. competition. III. Eligibility Information 2. Content and Form of Application 5. Funding Restrictions: We reference 1. Eligible Applicants: Parent Submission: Requirements concerning regulations outlining funding organizations, as defined in section the content of an application, together restrictions in the Applicable 671(a)(2) of IDEA. A parent organization with the forms you must submit, are in Regulations section of this notice. is a private nonprofit organization (other the application package for this 6. Other Submission Requirements: than an institution of higher education) competition. Page Limit: The Applications for grants under this that: application narrative (Part III of the competition may be submitted (a) Has a board of directors, the parent application) is where you, the applicant, electronically or in paper format by mail and professional members of which are address the selection criteria that or hand delivery. broadly representative of the population reviewers use to evaluate your a. Electronic Submission of to be served (including low-income application. You must limit Part III to Applications. parents and parents of limited English the equivalent of no more than 60 pages, We have been accepting applications proficient children), and the majority of using the following standards: electronically through the Department’s whom are parents of children with • A ‘‘page’’ is 8.5″ x 11″, on one side e-Application system since FY 2000. In disabilities ages birth through 26; and only, with 1″ margins at the top, bottom, order to expand on those efforts and that includes individuals with and both sides. comply with the President’s disabilities and individuals working in • Double space (no more than three Management Agenda, we are continuing the fields of special education, related lines per vertical inch) all text in the to participate as a partner in the new services, and early intervention; and application narrative, including titles, governmentwide Grants.gov Apply site (b) Has as its mission serving families headings, footnotes, quotations, in FY 2005. Parent Training and of children with disabilities who are references, and captions, as well as all Information Centers–CFDA Number ages birth through 26, and have the full text in charts, tables, figures, and 84.328M is one of the competitions range of disabilities described in section graphs. included in this project. If you choose to submit your 602(3) of IDEA. • Use a font that is either 12 point or 2. Cost Sharing or Matching: This application electronically, you must use larger or no smaller than 10 pitch competition does not involve cost the Grants.gov Apply site (Grants.gov). (characters per inch). sharing or matching. Through this site, you will be able to The page limit does not apply to Part 3. Other: General Requirements—(a) download a copy of the application I, the cover sheet; Part II, the budget The projects funded under this package, complete it offline, and then section, including the narrative budget competition must make positive efforts upload and submit your application. justification; Part IV, the assurances and to employ and advance in employment You may not e-mail an electronic copy certifications; or the one-page abstract, qualified individuals with disabilities of a grant application to us. We request the resumes, the bibliography, the (see section 606 of IDEA). your participation in Grants.gov. (b) Applicants and grant recipients references, or the letters of support. You may access the electronic grant funded under this notice must involve However, you must include all of the application for Parent Training and individuals with disabilities or parents application narrative in Part III. Information Centers–CFDA Number We will reject your application if— of individuals with disabilities ages • 84.328M competition at: http:// birth through 26 in planning, You apply these standards and www.grants.gov. You must search for implementing, and evaluating the exceed the page limit; or • the downloadable application package projects (see section 682(a)(1)(A) of You apply other standards and for this program by the CFDA number. IDEA). exceed the equivalent of the page limit. Do not include the CFDA number’s 3. Submission Dates and Times: alpha suffix in your search. IV. Application and Submission Applications Available: April 7, 2005. Please note the following: Information Deadline for Transmittal of • Your participation in Grants.gov is 1. Address to Request Application Applications: May 25, 2005. voluntary. Package: Education Publications Center Applications for grants under this • When you enter the Grants.gov site, (ED Pubs), P.O. Box 1398, Jessup, MD competition may be submitted you will find information about 20794–1398. Telephone (toll free): 1– electronically using the Grants.gov submitting an application electronically 877–433–7827. FAX: (301) 470–1244. If Apply site (Grants.gov), or in paper through the site, as well as the hours of you use a telecommunications device format by mail or hand delivery. For operation. for the deaf (TDD), you may call (toll information (including dates and times) • Applications received by Grants.gov free): 1–877–576–7734. about how to submit your application are time and date stamped. Your You may also contact ED Pubs at its electronically, or by mail or hand application must be fully uploaded and Web site: http://www.ed.gov/pubs/ delivery, please refer to section IV. 6. submitted with a date/time received by edpubs.html or you may contact ED Other Submission Requirements in this the Grants.gov system no later than 4:30 Pubs at its e-mail address: notice. p.m., Washington, DC time, on the [email protected] We do not consider an application application deadline date. We will not If you request an application from ED that does not comply with the deadline consider your application if it was Pubs, be sure to identify this requirements. Deadline for received by the Grants.gov system later competition as follows: CFDA number Intergovernmental Review: July 25, than 4:30 p.m. on the application 84.328M. 2005. deadline date. When we retrieve your

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application from Grants.gov, we will b. Submission of Paper Applications except Saturdays, Sundays and Federal notify you if we are rejecting your by Mail. holidays. application because it was submitted If you submit your application in Note for Mail or Hand Delivery of after 4:30 p.m. on the application paper format by mail (through the U.S. Paper Applications: If you mail or hand deadline date. Postal Service or a commercial carrier), deliver your application to the • If you experience technical you must mail the original and two Department: difficulties on the application deadline copies of your application, on or before (1) You must indicate on the envelope date and are unable to meet the 4:30 the application deadline date, to the and—if not provided by the p.m., Washington, DC time deadline, Department at the applicable following Department—in Item 4 of the ED 424 the print out your application and follow address: CFDA number—and suffix letter, if the instructions in this notice for the By mail through the U.S. Postal any—of the competition under which submission of paper applications by Service: U.S. Department of Education, you are submitting your application. mail or hand delivery. Application Control Center, Attention: (2) The Application Control Center • The amount of time it can take to (CFDA Number 84.328M), 400 Maryland will mail a grant application receipt upload an application will vary Avenue, SW., Washington, DC 20202– acknowledgment to you. If you do not depending on a variety of factors 4260 receive the grant application receipt including the size of the application and or acknowledgment within 15 business the speed of your Internet connection. days from the application deadline date, Therefore, we strongly recommend that By mail through a commercial carrier: you should call the U.S. Department of you do not wait until the application U.S. Department of Education, Education Application Control Center at deadline date to begin the application Application Control Center—Stop 4260, (202) 245–6288. process through Grants.gov. Attention: (CFDA Number 84.328M), • You should review and follow the 7100 Old Landover Road, Landover, MD V. Application Review Information Education Submission Procedures for 20785–1506. Selection Criteria: The selection submitting an application through Regardless of which address you use, criteria for this competition are from 34 Grants.gov that are included in the you must show proof of mailing CFR 75.210 and are listed in the application package for this competition consisting of one of the following: application package. to ensure that your application is (1) A legibly dated U.S. Postal Service VI. Award Administration Information submitted timely to the Grants.gov postmark, system. (2) A legible mail receipt with the 1. Award Notices: If your application • To use Grants.gov, you, as the date of mailing stamped by the U.S. is successful, we notify your U.S. applicant, must have a D–U–N–S Postal Service, Representative and U.S. Senators and Number and register in the Central (3) A dated shipping label, invoice, or send you a Grant Award Notification Contractor Registry (CCR). You should receipt from a commercial carrier, or (GAN). We may also notify you allow a minimum of five business days (4) Any other proof of mailing informally. to complete the CCR registration. acceptable to the Secretary of the U.S. If your application is not evaluated or • You will not receive additional Department of Education. not selected for funding, we notify you. point value because you submit your If you mail your application through 2. Administrative and National Policy application in electronic format, nor the U.S. Postal Service, we do not Requirements: We identify will we penalize you if you submit your accept either of the following as proof administrative and national policy application in paper format. of mailing: requirements in the application package • You may submit all documents (1) A private metered postmark, or and reference these and other electronically, including all information (2) A mail receipt that is not dated by requirements in the Applicable typically included on the Application the U.S. Postal Service. Regulations section of this notice. for Federal Education Assistance (ED If your application is postmarked after We reference the regulations outlining 424), Budget Information—Non- the application deadline date, we will the terms and conditions of an award in Construction Programs (ED 524), and all not consider your application. the Applicable Regulations section of necessary assurances and certifications. this notice and include these and other Note: The U.S. Postal Service does not specific conditions in the GAN. The Any narrative sections of your uniformly provide a dated postmark. Before application should be attached as files relying on this method, you should check GAN also incorporates your approved in a .DOC (document), .RTF (rich text) with your local post office. application as part of your binding or .PDF (portable document) format. commitments under the grant. • Your electronic application must c. Submission of Paper Applications 3. Reporting: At the end of your comply with any page limit by Hand Delivery. project period, you must submit a final requirements described in this notice. If you submit your application in performance report, including financial • After you electronically submit paper format by hand delivery, you (or information, as directed by the your application, you will receive an a courier service) must deliver the Secretary. If you receive a multi-year automatic acknowledgement from original and two copies of your award, you must submit an annual Grants.gov that contains a Grants.gov application by hand, on or before the performance report that provides the tracking number. The Department will application deadline date, to the most current performance and financial retrieve your application from Department at the following address: expenditure information as specified by Grants.gov and send you a second U.S. Department of Education, the Secretary in 34 CFR 75.118. confirmation by e-mail that will include Application Control Center, Attention: 4. Performance Measures: Under the a PR/Award number (an ED-specified (CFDA Number 84.328M), 550 12th Government Performance and Results identifying number unique to your Street, SW., Room 7041, Potomac Center Act (GPRA), the Department is currently application). Plaza, Washington, DC 20202–4260. The developing measures that will yield • We may request that you provide us Application Control Center accepts information on various aspects of the original signatures on forms at a later hand deliveries daily between 8 a.m. quality of the Training and Information date. and 4:30 p.m., Washington, DC time, for Parents of Children with Disabilities

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program. The measures will focus on: Dated: March 31, 2005. information centers in targeted The extent to which projects provide John H. Hager, communities that will provide high quality products and services, the Assistant Secretary for Special Education and underserved parents of children with relevance of project products and Rehabilitative Services. disabilities, including low-income services to educational and early [FR Doc. 05–6749 Filed 4–5–05; 8:45 am] parents, parents of limited English intervention policy and practice, and BILLING CODE 4000–01–P proficient children and parents with the use of products and services to disabilities in that community, with the improve educational and early training and information they need to intervention policy and practice. DEPARTMENT OF EDUCATION enable them to participate effectively in helping their children with disabilities Once the measures are developed, we Office of Special Education and to— will notify grantees if they will be Rehabilitative Services; Overview (a) Meet developmental and required to provide any information Information; Training and Information functional goals, and challenging related to these measures. for Parents of Children With academic achievement goals that have Grantees will also be required to Disabilities—Community Parent been established for all children; and report information on their projects’ Resource Centers; Notice Inviting (b) Be prepared to lead productive, performance in annual reports to the Applications for New Awards for Fiscal independent adult lives, to the Year (FY) 2005 maximum extent possible. Department (34 CFR 75.590). In addition, a purpose of this priority VII. Agency Contact Catalog of Federal Domestic Assistance is to ensure that children with (CFDA) Number: 84.328C. disabilities and their parents receive For Further Information Contact: Dates: Applications Available: April training and information on their rights, Donna Fluke, U.S. Department of 7, 2005. responsibilities, and protections under Education, 400 Maryland Avenue, SW., Deadline for Transmittal of IDEA in order to develop the skills room 4059, Potomac Center Plaza, Applications: May 20, 2005. necessary to cooperatively and Washington, DC 20202–2550. Deadline for Intergovernmental effectively participate in planning and Telephone: (202) 245–7345. Review: July 19, 2005. decisionmaking relating to early If you use a telecommunications Eligible Applicants: Local parent intervention, educational, and device for the deaf (TDD), you may call organizations, as defined in Section III, transitional services. the Federal Relay Service (FRS) at 1– Eligibility Information, of this notice. Text of Priority 800–877–8339. Estimated Available Funds: $1,000,000. Each community parent resource Individuals with disabilities may Estimated Average Size of Awards: center assisted under this priority obtain this document in an alternative $100,000. shall— format (e.g., Braille, large print, Maximum Award: The Secretary does (a) Provide training and information audiotape, or computer diskette) on not intend to fund an application that that meets the training and information request by contacting the following proposes a budget exceeding $100,000 needs of parents of children with office: The Grants and Contracts for a single budget period of 12 months. disabilities within the targeted Services Team, U.S. Department of Estimated Number of Awards: 10. community proposed to be served by Education, 400 Maryland Avenue, SW., the center, particularly underserved Note: The Department is not bound by any parents and parents of children who Potomac Center Plaza, Washington, DC estimates in this notice. 20202–2550. Telephone: (202) 245– may be inappropriately identified as 7363. Project Period: Up to 36 months. having disabilities; Full Text of Announcement Note: For purposes of this priority, VIII. Other Information ‘‘community to be served’’ refers to a I. Funding Opportunity Description Electronic Access to This Document: community whose members experience significant isolation from available sources of You may view this document, as well as Purpose of Program: The purpose of this program is to ensure that parents of information and support as a result of all other documents of this Department children with disabilities receive cultural, economic, linguistic, or other published in the Federal Register, in circumstances deemed appropriate by the training and information to help text or Adobe Portable Document Secretary. improve results for their children. Format (PDF) on the Internet at the Priorities: This competition contains (b) Carry out the activities required of following site: http://www.ed.gov/news/ an absolute priority and a competitive parent training and information centers fedregister. preference priority. In accordance with under section 671(b) of IDEA, which are To use PDF you must have Adobe 34 CFR 75.105(b)(2)(iv) and (v), these listed as follows: Acrobat Reader, which is available free priorities are from allowable activities (1) Serve the parents of infants, at this site. If you have questions about specified in the statute, or otherwise toddlers, and children, from ages birth using PDF, call the U.S. Government authorized in the statute (see sections through 26, with the full range of Printing Office (GPO), toll free, at 1– 672 and 681(d) of the Individuals with disabilities described in section 602(3) 888–293–6498; or in the Washington, Disabilities Education Act (IDEA)). of IDEA; DC, area at (202) 512–1530. Absolute Priority: For FY 2005 this (2) Ensure that the training and priority is an absolute priority. Under 34 information provided meets the needs of Note: The official version of this document CFR 75.105(c)(3), we consider only low-income parents and parents of is the document published in the Federal applications that meet this priority. limited English proficient children; Register. Free Internet access to the official This priority is: (3) Assist parents to— edition of the Federal Register and the Code (A) Better understand the nature of of Federal Regulations is available on GPO Community Parent Resource Centers their children’s disabilities and their Access at: http://www.gpoaccess.gov/nara/ Background: This priority supports educational, developmental, and index.html. community parent training and transitional needs;

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(B) Communicate effectively and work (NTAC) and Regional Parent Technical designated within the areas served by collaboratively with personnel Assistance Centers (PTACs) and use the the center. (A list of areas that have been responsible for providing special technical assistance services of the selected as Empowerment Zones, education, early intervention services, NTAC and PTACs in order to serve the Enterprise Communities, or Renewal transition services, and related services; families of infants, toddlers, and Communities can be found at http:// (C) Participate in decisionmaking children with disabilities as efficiently hud.esri.com/egis/cpd/rcezec/ processes and the development of as possible. PTACs are charged with ezec_open.htm). To meet this priority an individualized education programs assisting parent centers with applicant must indicate that it will— under Part B of IDEA and administrative and programmatic issues; (1)(i) Design a program that includes individualized family service plans (e) Be designed to meet the specific special activities focused on the unique under Part C of IDEA; needs of families who experience needs of one or more Empowerment (D) Obtain appropriate information significant isolation from available Zones, Enterprise Communities, or about the range, type, and quality of— sources of information and support; Renewal Communities; or (i) Options, programs, services, (f) Annually report to the Department (ii) Devote a substantial portion of technologies, practices and on— program resources to providing services interventions based on scientifically (1) The number and demographics of within, or meeting the needs of based research, to the extent practicable, parents to whom it provided residents of these zones and and information and training in the most communities; (ii) Resources available to assist recently concluded fiscal year, (2) As appropriate, contribute to the children with disabilities and their including demographic information strategic plan of the Empowerment families in school and at home; about those parents served, and Zones, Enterprise Communities, or (E) Understand the provisions of IDEA additional information regarding the Renewal Communities and become an for the education of, and the provision unique needs and levels of service integral component of the of early intervention services to, provided; and Empowerment Zone, Enterprise children with disabilities; (2) The effectiveness of strategies used Community, or Renewal Community (F) Participate in activities at the to reach and serve parents, including activities. school level that benefit their children; underserved parents of children with Therefore, for purposes of this and disabilities, by providing evidence of competitive preference priority, (G) Participate in school reform how those parents were served applicants can be awarded up to a total activities; effectively; of five points in addition to those (4) In States where the State elects to (g) In collaboration with OSEP and awarded under the selection criteria for contract with the parent training and the NTAC, participate in an annual this competition (see Selection Criteria information center, contract with State collection of program data for the in section V of this notice). That is, an educational agencies to provide, community parent resource centers and applicant meeting the competitive consistent with subparagraphs (B) and the parent training and information preference priority could earn a (D) of section 615(e)(2) of IDEA, centers; individuals who meet with parents to (h) Prior to developing any new maximum total of 105 points. explain the mediation process to the product, whether paper or electronic, Waiver of Proposed Rulemaking: parents; submit for approval a proposal Under the Administrative Procedure Act (5) Assist parents in resolving describing the content and purpose of (APA) (5 U.S.C. 553) the Department disputes in the most expeditious and the product to the document review generally offers interested parties the effective way possible, including board of OSEP’s Dissemination Center opportunity to comment on proposed encouraging the use, and explaining the for approval; priorities. However, section 681(d) of benefits, of alternative methods of (i) Budget for a two-day Project IDEA makes the public comment dispute resolution, such as the Directors’ meeting in Washington, DC requirements under the APA mediation process described in section during each year of the project. In inapplicable to the priorities in this 615(e) of IDEA; addition, a project’s budget must notice. (6) Assist parents and students with include funds to attend a Regional Program Authority: 20 U.S.C. 1472. disabilities to understand their rights Project Directors meeting to be held Applicable Regulations: The and responsibilities under IDEA, each year of the project; Education Department General including those under section 615(m) of (j) If the community parent resource Administrative Regulations (EDGAR) in IDEA upon the student’s reaching the center maintains a Web site, include 34 CFR parts 74, 75, 77, 79, 81, 82, 84, age of majority (as appropriate under relevant information and documents in 85, 97, 98, and 99. State law); a form that meets a government or II. Award Information (7) Assist parents to understand the industry-recognized standard for availability of, and how to effectively accessibility. Type of Award: Discretionary grants. use, procedural safeguards under IDEA, Competitive Preference Priority: Estimated Available Funds: including the resolution session Within this absolute priority, we give $1,000,000. described in section 615(e) of IDEA; competitive preference to applications Estimated Average Size of Awards: (8) Assist parents in understanding, that address the following priority. $100,000. preparing for, and participating in, the Under 34 CFR 75.105(c)(2)(i), we award Maximum Award: The Secretary does process described in section 615(f)(1)(B) additional points to an application that not intend to fund an application that of IDEA; meets this priority. proposes a budget exceeding $100,000 (c) Establish cooperative partnerships This priority is: for a single budget period of 12 months. with the parent training and information We will award five points to an Estimated Number of Awards: 10. centers funded in the State under application that proposes to provide Note: The Department is not bound by any section 671 of IDEA; services to one or more Empowerment estimates in this notice. (d) Respond to requests from the Zones, Enterprise Communities or National Technical Assistance Center Renewal Communities that are Project Period: Up to 36 months.

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III. Eligibility Information you use a telecommunications device information (including dates and times) 1. Eligible Applicants: Local parent for the deaf (TDD), you may call (toll about how to submit your application organizations. Under section 672(a)(2) of free): 1–877–576–7734. electronically, or by mail or hand You may also contact ED Pubs at its IDEA, a ‘‘local parent organization’’ is a delivery, please refer to section IV. 6. Web site: http://www.ed.gov/pubs/ parent organization (as that term is Other Submission Requirements in this edpubs.html or you may contact ED defined in section 671(a)(2) of IDEA) notice. Pubs at its e-mail address: We do not consider an application that must meet the following criteria: that does not comply with the deadline (a) Has a board of directors, the [email protected]. If you request an application from ED requirements. majority of whom are parents of Pubs, be sure to identify this Deadline for Intergovernmental children with disabilities ages birth competition as follows: CFDA number Review: July 19, 2005. through 26 from the community to be 84.328C. 4. Intergovernmental Review: This served; and Individuals with disabilities may program is subject to Executive Order (b) Has— obtain a copy of the application package 12372 and the regulations in 34 CFR (1) As its mission serving parents of in an alternative format (e.g., Braille, part 79. Information about children with disabilities from that large print, audiotape, or computer Intergovernmental Review of Federal community who (i) are ages birth diskette) by contacting the Grants and Programs under Executive Order 12372 through 26; and (ii) have the full ranges Contracts Services Team listed under is in the application package for this of disabilities as defined in section FOR FURTHER INFORMATION CONTACT in competition. 602(3) of IDEA. section VII of this notice. 5. Funding Restrictions: We reference Section 671(a)(2) of IDEA defines a 2. Content and Form of Application regulations outlining funding ‘‘parent organization’’ as a private Submission: Requirements concerning restrictions in the Applicable nonprofit organization (other than an the content of an application, together Regulations section of this notice. institution of higher education) that: with the forms you must submit, are in 6. Other Submission Requirements. (a) Has a board of directors— the application package for this Applications for grants under this (1) The majority of whom are parents competition. Page Limit: The competition may be submitted of children with disabilities ages birth application narrative (Part III of the electronically or in paper format by mail through 26; application) is where you, the applicant, or hand delivery. (2) That includes— address the selection criteria that a. Electronic Submission of (i) Individuals working in the fields of reviewers use to evaluate your Applications. special education, related services, and application. You must limit Part III to We have been accepting applications early intervention; and the equivalent of no more than 60 pages, electronically through the Department’s (ii) Individuals with disabilities; and using the following standards: e-Application system since FY 2000. In (iii) The parent and professional • A ‘‘page’’ is 8.5″ x 11″, on one side order to expand on those efforts and members of which are broadly only, with 1″ margins at the top, bottom, comply with the President’s representative of the population to be and both sides. Management Agenda, we are continuing served including low-income parents • Double space (no more than three to participate as a partner in the new and parents of limited English proficient lines per vertical inch) all text in the government-wide Grants.gov Apply site children; and application narrative, including titles, in FY 2005. The Community Parent (b) Has as its mission serving families headings, footnotes, quotations, Resource Centers—CFDA Number of children with disabilities who— references, and captions, as well as all 84.328C is one of the competitions (1) Are ages birth through 26; and text in charts, tables, figures, and included in this project. (2) Have the full range of disabilities graphs. If you choose to submit your described in section 602(3) of IDEA. • Use a font that is either 12 point or application electronically, you must use 2. Cost Sharing or Matching: This larger or no smaller than 10 pitch the Grants.gov Apply site (Grants.gov). competition does not involve cost (characters per inch). Through this site, you will be able to sharing or matching. The page limit does not apply to Part download a copy of the application 3. Other: General Requirements—(a) I, the cover sheet; Part II, the budget package, complete it offline, and then The projects funded under this section, including the narrative budget upload and submit your application. competition must make positive efforts justification; Part IV, the assurances and You may not e-mail an electronic copy to employ and advance in employment certifications; or the one-page abstract, of a grant application to us. We request qualified individuals with disabilities the resumes, the bibliography, the your participation in Grants.gov. (see section 606 of IDEA). references, or the letters of support. You may access the electronic grant (b) Applicants and grant recipients However, you must include all of the application for the Community Parent funded under this competition must application narrative in Part III. Resource Centers—CFDA Number involve individuals with disabilities or We will reject your application if— 84.328C competition at: http:// parents of individuals with disabilities • You apply these standards and www.grants.gov. You must search for ages birth through 26 in planning, exceed the page limit; or the downloadable application package implementing, and evaluating the • You apply other standards and for this program by the CFDA number. projects (see section 682(a)(1)(A) of exceed the equivalent of the page limit. Do not include the CFDA number’s IDEA). 3. Submission Dates and Times: alpha suffix in your search. Applications Available: April 7, 2005. Please note the following: IV. Application and Submission Deadline for Transmittal of • Your participation in Grants.gov is Information Applications: May 20, 2005. voluntary. 1. Address to Request Application Applications for grants under this • When you enter the Grants.gov site, Package: Education Publications Center competition may be submitted you will find information about (ED Pubs), P.O. Box 1398, Jessup, MD electronically using the Grants.gov submitting an application electronically 20794–1398. Telephone (toll free): 1– Apply site (Grants.gov), or in paper through the site, as well as the hours of 877–433–7827. FAX: (301) 470–1244. If format by mail or hand delivery. For operation.

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• Applications received by Grants.gov Grants.gov that contains a Grants.gov Department at the following address: are time and date stamped. Your tracking number. The Department will U.S. Department of Education, application must be fully uploaded and retrieve your application from Application Control Center, Attention: submitted with a date/time received by Grants.gov and send you a second (CFDA Number 84.328C), 550 12th the Grants.gov system no later than 4:30 confirmation by e-mail that will include Street, SW., Room 7041, Potomac Center p.m., Washington, DC time, on the a PR/Award number (an ED-specified Plaza, Washington, DC 20202–4260. application deadline date. We will not identifying number unique to your The Application Control Center consider your application if it was application). accepts hand deliveries daily between 8 received by the Grants.gov system later • We may request that you provide us a.m. and 4:30 p.m., Washington, DC than 4:30 p.m. on the application original signatures on forms at a later time, except Saturdays, Sundays and deadline date. When we retrieve your date. Federal holidays. application from Grants.gov, we will b. Submission of Paper Applications Note for Mail or Hand Delivery of notify you if we are rejecting your by Mail. Paper Applications: If you mail or hand application because it was submitted If you submit your application in deliver your application to the after 4:30 p.m. on the application paper format by mail (through the U.S. Department: deadline date. Postal Service or a commercial carrier), (1) You must indicate on the envelope • If you experience technical you must mail the original and two and—if not provided by the difficulties on the application deadline copies of your application, on or before Department—in Item 4 of the ED 424 the date and are unable to meet the 4:30 the application deadline date, to the CFDA number—and suffix letter, if p.m., Washington, DC time, deadline, Department at the applicable following any—of the competition under which print out your application and follow address: you are submitting your application. the instructions in this notice for the By mail through the U.S. Postal (2) The Application Control Center submission of paper applications by Service: U.S. Department of Education, will mail a grant application receipt mail or hand delivery. Application Control Center, Attention: acknowledgment to you. If you do not • The amount of time it can take to (CFDA Number 84.328C), 400 Maryland receive the grant application receipt upload an application will vary Avenue, SW., Washington, DC 20202– acknowledgment within 15 business depending on a variety of factors 4260; or days from the application deadline date, including the size of the application and By mail through a commercial carrier: you should call the U.S. Department of the speed of your Internet connection. U.S. Department of Education, Education Application Control Center at Therefore, we strongly recommend that Application Control Center—Stop 4260, (202) 245–6288. you do not wait until the application Attention: (CFDA Number 84.328C), V. Application Review Information deadline date to begin the application 7100 Old Landover Road, Landover, MD process through Grants.gov. 20785–1506. Selection Criteria: The selection • You should review and follow the Regardless of which address you use, criteria for this competition are from 34 Education Submission Procedures for you must show proof of mailing CFR 75.210 and are listed in the submitting an application through consisting of one of the following: application package. Grants.gov that are included in the (1) A legibly dated U.S. Postal Service VI. Award Administration Information application package for this competition postmark, to ensure that your application is (2) A legible mail receipt with the 1. Award Notices: If your application submitted timely to the Grants.gov date of mailing stamped by the U.S. is successful, we notify your U.S. system. Postal Service, Representative and U.S. Senators and • To use Grants.gov, you, as the (3) A dated shipping label, invoice, or send you a Grant Award Notification applicant, must have a D–U–N–S receipt from a commercial carrier, or (GAN). We may also notify you Number and register in the Central (4) Any other proof of mailing informally. Contractor Registry (CCR). You should acceptable to the Secretary of the U.S. If your application is not evaluated or allow a minimum of five business days Department of Education. not selected for funding, we notify you. to complete the CCR registration. If you mail your application through 2. Administrative and National Policy • You will not receive additional the U.S. Postal Service, we do not Requirements: We identify point value because you submit your accept either of the following as proof administrative and national policy application in electronic format, nor of mailing: requirements in the application package will we penalize you if you submit your (1) A private metered postmark, or and reference these and other application in paper format. (2) A mail receipt that is not dated by requirements in the Applicable • You may submit all documents the U.S. Postal Service. Regulations section of this notice. electronically, including all information If your application is postmarked after We reference the regulations outlining typically included on the Application the application deadline date, we will the terms and conditions of an award in for Federal Education Assistance (ED not consider your application. the Applicable Regulations section of 424), Budget Information—Non- this notice and include these and other Construction Programs (ED 524), and all Note: The U.S. Postal Service does not specific conditions in the GAN. The necessary assurances and certifications. uniformly provide a dated postmark. Before GAN also incorporates your approved Any narrative sections of your relying on this method, you should check application as part of your binding with your local post office. application should be attached as files commitments under the grant. in a .DOC (document), .RTF (rich text) c. Submission of Paper Applications 3. Reporting: At the end of your or .PDF (portable document) format. by Hand Delivery. project period, you must submit a final • Your electronic application must If you submit your application in performance report, including financial comply with any page limit paper format by hand delivery, you (or information, as directed by the requirements described in this notice. a courier service) must deliver the Secretary. If you receive a multi-year • After you electronically submit original and two copies of your award, you must submit an annual your application, you will receive an application by hand, on or before the performance report that provides the automatic acknowledgement from application deadline date, to the most current performance and financial

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expenditure information as specified by Register. Free Internet access to the official registration is required. Registration the Secretary in 34 CFR 75.118. edition of the Federal Register and the Code information will be available at http:// 4. Performance Measures: Under the of Federal Regulations is available on GPO vote.nist.gov by March 31, 2005. Access at: http://www.gpoaccess.gov/nara/ Government Performance and Results SUMMARY: index.html. The Technical Guidelines Act (GPRA), the Department is currently Development Committee (the developing measures that will yield Dated: March 31, 2005. ‘‘Development Committee’’) has information on various aspects of the John H. Hager, scheduled a plenary meeting for April quality of the Training and Information Assistant Secretary for Special Education and 20–21, 2005. The Committee was for Parents of Children with Disabilities Rehabilitative Services. established to act in the public interest program. The measures will focus on: [FR Doc. 05–6747 Filed 4–5–05; 8:45 am] to assist the Executive Director of the the extent to which projects provide Election Assistance Commission in the BILLING CODE 4000–01–P high quality products and services, the development of the voluntary voting relevance of project products and system guidelines. The Development services to educational and early Committee held previous meetings on intervention policy and practice, and ELECTION ASSISTANCE COMMISSION July 9, 2004; January 18 and 19, 2005; the use of products and services to Sunshine Act Notice and March 9, 2005. The purpose of the improve educational and early fourth meeting of the Development intervention policy and practice. AGENCY: United States Election Committee will be to review and Once the measures are developed, we Assistance Commission. approve a draft of the recommendations will notify grantees if they will be ACTION: Notice of public meeting for voluntary voting system guidelines. required to provide any information agenda. The draft document will respond to related to these measures. tasks defined in resolutions passed at DATE AND TIME: Tuesday, April 26, 2005, Grantees will also be required to previous Technical Guideline 10 a.m.–11:30 a.m. report information on their projects’ Development Committee meetings. PLACE: Massachusetts Institute of performance in annual reports to the SUPPLEMENTARY INFORMATION: The Technology (MIT), Bartos Theater, 20 Department (34 CFR 75.590). Technical Guidelines Development Ames Street (lower level), Cambridge, Committee (the ‘‘Development VII. Agency Contact MA 02142–1308. (Massachusetts Bay Committee’’) has scheduled a plenary Transit Station Stop: Kendall Square) FOR FURTHER INFORMATION CONTACT: Lisa meeting for April 20–21, 2005. The Gorove, U.S. Department of Education, AGENDA: The Commission will receive Committee was established pursuant to 400 Maryland Avenue, SW., room 4056, reports on the following: Title II 42 U.S.C. 15361, to act in the public Potomac Center Plaza, Washington, DC Requirements Payments Update and interest to assist the Executive Director 20202–2550. Telephone: (202) 245– Other Administrative Matters. The of the Election Assistance Commission 7357. Commission will receive presentations in the development of the voluntary If you use a telecommunications on the following: Technical Guidelines voting system guidelines. The Technical device for the deaf (TDD), you may call Development Committee (TGDC) Guidelines Development Committee the Federal Relay Service (FRS) at 1– Recommendations and Guidelines held their first plenary meeting on July 800–877–8339. Adoption Process. 9, 2004. At this meeting, the Individuals with disabilities may FOR FURTHER INFORMATION CONTACT: Development Committee agreed to a obtain this document in an alternative Bryan Whitener, Telephone: (202) 566– resolution forming three working format (e.g., Braille, large print, 3100. groups: (1) Human Factors & Privacy; (2) audiotape, or computer diskette) on Ray Martinez III, Security & Transparency; and (3) Core request by contacting the following Requirements & Testing to gather office: The Grants and Contracts Commissioner, U.S. Election Assistance Commission. information and public input on Services Team, U.S. Department of relevant issues. The information [FR Doc. 05–6989 Filed 4–4–05; 3:57 pm] Education, 400 Maryland Avenue, SW., gathered by the working groups was Potomac Center Plaza, Washington, DC BILLING CODE 6820–YN–M analyzed at the second meeting of the 20202–2550. Telephone: (202) 245– Development Committee January 18 & 7363. ELECTION ASSISTANCE COMMISSION 19, 2005. resolutions were debated and VIII. Other Information adopted by the TGDC at the January Sunshine Act Notice plenary session. The resolutions defined Electronic Access to This Document: technical work tasks for NIST that will You may view this document, as well as AGENCY: United States Election assist the TGDC in developing all other documents of this Department Assistance Commission. recommendations for voluntary voting published in the Federal Register, in ACTION: Notice of public meeting for the system guidelines. At the March 9, 2005 text or Adobe Portable Document Technical Guidelines Development meeting, NIST scientists presented Format (PDF) on the Internet at the Committee. preliminary reports on technical work following site: http://www.ed.gov/news/ tasks defined in resolutions adopted at fedregister. DATE AND TIME: Wednesday April 20, the January plenary meeting and To use PDF you must have Adobe 2005, 9 a.m. to 5 p.m. and Thursday, adopted one additional resolution. The Acrobat Reader, which is available free April 21, 2005, 9 a.m. to 5 p.m. Development Committee will review a at this site. If you have questions about PLACE: National Institute of Standards draft document of initial using PDF, call the U.S. Government and Technology, 100 Bureau Drive, recommendations for voluntary voting Printing Office (GPO), toll free, at 1– Building 101, Gaithersburg, Maryland system guidelines at the April 20 & 21, 888–293–6498; or in the Washington, 20899–8900. 2005 meeting. DC, area at (202) 512–1530. STATUS: This meeting will be open to the FOR FURTHER INFORMATION CONTACT: Note: The official version of this document public. There is no fee to attend, but due Allan Eustis 301–975–5099. If a member is the document published in the Federal to security requirements, advance of the public would like to submit

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written comments concerning the before or after the meeting. Individuals ADDRESSES: Office of the Assistant Committee’s affairs at any time before or who wish to make oral statements General Counsel for Technology after the meeting, written comments pertaining to agenda items should Transfer and Intellectual Property, U.S. should be addressed to the contact contact Yvonne Sherman’s office at the Department of Energy, 1000 person indicated above, or to address or telephone number listed Independence Ave., SW., Washington, [email protected]. above. Requests must be received five DC 20585. days prior to the meeting and reasonable Ray Martinez III, provision will be made to include the FOR FURTHER INFORMATION CONTACT: John Commissioner, U.S. Election Assistance presentation in the agenda. The Deputy T. Lucas, Office of the Assistant General Commission. Designated Federal Officer is Counsel for Technology Transfer and [FR Doc. 05–6990 Filed 4–4–05; 3:59 pm] empowered to conduct the meeting in a Intellectual Property, U.S. Department BILLING CODE 6820–YN–M fashion that will facilitate the orderly of Energy, Forrestal Building, Room 6F– conduct of business. Individuals 067, 1000 Independence Ave., SW., wishing to make public comment will Washington, DC 20585; telephone (202) DEPARTMENT OF ENERGY be provided a maximum of five minutes 586–2939. to present their comments. Environmental Management Site- Minutes: The minutes of this meeting SUPPLEMENTARY INFORMATION: 35 U.S.C. Specific Advisory Board, Hanford will be available for public review and 209 provides Federal agencies with copying at the Freedom of Information authority to grant exclusive licenses in AGENCY: Department of Energy. Public Reading Room, 1E–190, Forrestal federally-owned inventions, if, among ACTION: Notice of open meeting. Building, 1000 Independence Avenue, other things, the agency finds that the public will be served by the granting of SUMMARY: This notice announces a SW., Washington, DC 20585 between 9 meeting of the Environmental a.m. and 4 p.m., Monday–Friday, except the license. The statute requires that no Management Site-Specific Advisory Federal holidays. Minutes will also be exclusive license may be granted unless Board (EMSSAB), Hanford. The Federal available by writing to Erik Olds, public notice of the intent to grant the Advisory Committee Act (Pub. L. 92– Department of Energy Richland license has been provided, and the 463, 86 Stat. 770) requires that public Operations Office, 825 Jadwin, MSIN agency has considered all comments notice of this meeting be announced in A7–75, Richland, WA 99352, or by received in response to that public the Federal Register. calling him at (509) 376–1563. notice, before the end of the comment period. DATES: Thursday, April 28, 2005, 9 Issued at Washington, DC on March 31, a.m.–5 p.m. Friday, April 29, 2005, 8:30 2005. HydroGen llc, of Jefferson Hills, PA a.m.–4 p.m. Carol Matthews, has applied for an exclusive license to ADDRESSES: Clarion Hotel & Conference Acting Advisory Committee Officer. practice the inventions embodied in Center, 1507 North 1st Street, Yakima, [FR Doc. 05–6820 Filed 4–5–05; 8:45 am] U.S. Patent Nos. 4,978,591, 4,732,822, WA 98901. Phone number: (509) 576– BILLING CODE 6450–01–P 4,853,301, and 5,096,786, and has plans 4916. Fax number: (509) 578–4979. for commercialization of the inventions. FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF ENERGY The exclusive license will be subject Yvonne Sherman, Public Involvement to a license and other rights retained by Program Manager, Department of Energy HydroGen llc the U.S. Government, and other terms Richland Operations Office, 825 Jadwin, and conditions to be negotiated. DOE MSIN A7–75, Richland, WA, 99352; AGENCY: Office of the General Counsel, intends to negotiate to grant the license, phone: (509) 376–6216; Fax: (509) 376– Department of Energy. unless, within 30 days of this notice, the 1563. ACTION: Notice of intent to grant Assistant General Counsel for SUPPLEMENTARY INFORMATION: exclusive patent license. Technology Transfer and Intellectual Purpose of the Board: The purpose of SUMMARY: Notice is hereby given to an Property, Department of Energy, the Board is to make recommendations intent to grant to HydroGen, llc, of Washington, DC 20585, receives in to DOE in the areas of environmental Jefferson Hills, PA, an exclusive license writing any of the following, together restoration, waste management, and to practice the inventions described in with supporting documents: related activities. U.S. Patent No. 4,978,591, entitled Tentative Agenda: (i) A statement from any person ‘‘Corrosion-free Phosphoric Acid Fuel setting forth reason why it would not be Thursday, April 28, 2005 Cell’’; U.S. Patent No. 4,732,822, in the best interests of the United States • Hanford Advisory Board (Board) entitled ‘‘Internal Electrolyte Supply to grant the proposed license; or System For Reliable Transport Central Plateau Decision Guidance and (ii) An application for a nonexclusive Barrier Considerations. Throughout Fuel Cell Stacks’’; U.S. Patent No. 4,853,301, entitled ‘‘Fuel Cell license to the invention in which • Transuranic Waste. applicant states that if already has • Plates With Skewed Process Channels U Plant Proposed Plan. brought the invention to practical • Fiscal Year 2006 & 2007 Budget. For Uniform Distribution Of Stack Compression Load; and U.S. Patent No. application or is likely to bring the Friday, April 29, 2005 5,096,786, entitled ‘‘Integral Edge Seal invention to practical application expeditiously. • Committee Updates. For Phosphoric Acid Fuel Cells’’. The • Agency Updates. inventions are owned by the United The Department will review all timely • Adoption of Board Advise. States of America, as represented by the written responses to this notice, and • Identification of Topics for U.S. Department of Energy (DOE). will proceed with negotiating the September 8–9, 2005 Board Meeting. DATES: Written comments or license if, after consideration of written Public Participation: The meeting is nonexclusive license applications are to responses to this notice, a finding is open to the public. Written statements be received at the address listed below made that the license is in the public may be filed with the Board either no later than May 6, 2005. interest.

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Issued in Washington, DC on March 29, Online service, please email ‘‘eLibrary’’ link and is available for 2005. [email protected], or call review in the Commission’s Public Paul A. Gottlieb, (866) 208–3676 (toll free). For TTY, call Reference Room in Washington, DC. Assistant General Counsel for Technology (202) 502–8659. There is an ‘‘eSubscription’’ link on the Transfer and Intellectual Property. Web site that enables subscribers to Magalie R. Salas, [FR Doc. 05–6821 Filed 4–5–05; 8:45 am] receive email notification when a Secretary. BILLING CODE 6450–01–P document is added to a subscribed [FR Doc. E5–1546 Filed 4–5–05; 8:45 am] docket(s). For assistance with any FERC BILLING CODE 6717–01–P Online service, please email DEPARTMENT OF ENERGY [email protected], or call (866) 208–3676 (toll free). For TTY, call Federal Energy Regulatory DEPARTMENT OF ENERGY (202) 502–8659. Commission Federal Energy Regulatory Magalie R. Salas, [Docket No. RP00–70–10] Commission Secretary. Algonquin Gas Transmission, LLC; [Docket No. RP05–244–000] [FR Doc. E5–1549 Filed 4–5–05; 8:45 am] Notice of Proposed Changes In FERC BILLING CODE 6717–01–P Gas Tariff Dominion Transmission, Inc.; Notice of Proposed Changes in FERC Gas Tariff March 30, 2005. DEPARTMENT OF ENERGY Take notice that on March 24, 2005, March 30, 2005. Algonquin Gas Transmission, LLC Take notice that on March 28, 2005, Federal Energy Regulatory (Algonquin) tendered for filing as a part Dominion Transmission, Inc. tendered Commission of its FERC Gas Tariff, Fifth Revised for filing as part of its FERC Gas Tariff, Volume No. 1, the tariff sheets listed on Second Revised Volume No. 1A, the [Docket No. ER00–2529–002] Appendix A, to become effective April following tariff sheet, to become 1, 2005. effective April 28, 2005 Dow Pipeline Company; Notice of Algonquin states that the purpose of Second Revised Sheet No. 86 Issuance of Order this filing is to implement the negotiated rate transactions for The purpose of this filing is to add March 30, 2005. transportation service to be rendered to certain recently acquired gathering lines Dow Pipeline Company (DPL) filed an Milford Power Limited Partnership and as part of DTI’s FERC Gas Tariff, Second update market power analysis that also PPL EnergyPlus, LLC. Revised Volume No. 1A. requested a revision to its market-based Any person desiring to protest this Any person desiring to intervene or to rate schedule to include the filing must file in accordance with Rule protest this filing must file in Commission’s market behavior rules. 211 of the Commission’s Rules of accordance with Rules 211 and 214 of DPL’s filing also requested waiver of Practice and Procedure (18 CFR the Commission’s Rules of Practice and various Commission regulations. In 385.211). Protests to this filing will be Procedure (18 CFR 385.211 and particular, DPL requested that the considered by the Commission in 385.214). Protests will be considered by Commission grant blanket approval determining the appropriate action to be the Commission in determining the under 18 CFR Part 34 of all future taken, but will not serve to make appropriate action to be taken, but will issuances of securities and assumptions protestants parties to the proceeding. not serve to make protestants parties to of liability by DPL. Such protests must be filed in the proceeding. Any person wishing to On March 25, 2005, the Commission accordance with the provisions of become a party must file a notice of granted the request for blanket approval Section 154.210 of the Commission’s intervention or motion to intervene, as under Part 34, subject to the following: regulations (18 CFR 154.210). Anyone appropriate. Such notices, motions, or Any person desiring to be heard or to filing a protest must serve a copy of that protests must be filed in accordance protest the blanket approval of document on all the parties to the with the provisions of Section 154.210 issuances of securities or assumptions of proceeding. of the Commission’s regulations (18 CFR liability by DPL should file a motion to The Commission encourages 154.210). Anyone filing an intervention intervene or protest with the Federal electronic submission of protests and or protest must serve a copy of that Energy Regulatory Commission, 888 interventions in lieu of paper using the document on the Applicant. Anyone First Street, NE., Washington, DC 20426, ‘‘eFiling’’ link at http://www.ferc.gov. filing an intervention or protest on or in accordance with Rules 211 and 214 Persons unable to file electronically before the intervention or protest date of the Commission’s Rules of Practice should submit an original and 14 copies need not serve motions to intervene or and Procedure. 18 CFR 385.211, 385.214 of the protest or intervention to the protests on persons other than the (2004). Federal Energy Regulatory Commission, Applicant. Notice is hereby given that the 888 First Street, NE., Washington, DC The Commission encourages deadline for filing motions to intervene 20426. electronic submission of protests and or protest is April 25, 2005. This filing is accessible on-line at interventions in lieu of paper using the Absent a request to be heard in http://www.ferc.gov, using the ‘‘eFiling’’ link at http://www.ferc.gov. opposition by the deadline above, DPL ‘‘eLibrary’’ link and is available for Persons unable to file electronically is authorized to issue securities and review in the Commission’s Public should submit an original and 14 copies assume obligations or liabilities as a Reference Room in Washington, DC. of the protest or intervention to the guarantor, indorser, surety, or otherwise There is an ‘‘eSubscription’’ link on the Federal Energy Regulatory Commission, in respect of any security of another web site that enables subscribers to 888 First Street, NE., Washington, DC person; provided that such issuance or receive email notification when a 20426. assumption is for some lawful object document is added to a subscribed This filing is accessible on-line at within the corporate purposes of DPL, docket(s). For assistance with any FERC http://www.ferc.gov, using the compatible with the public interest, and

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is reasonably necessary or appropriate 385.211). Protests to this filing will be Division of Tariffs and Market for such purposes. considered by the Commission in Development—South, granted the The Commission reserves the right to determining the appropriate action to be request for blanket approval under Part require a further showing that neither taken, but will not serve to make 34. The Director’s order also stated that public nor private interests will be protestants parties to the proceeding. the Commission would publish a adversely affected by continued Such protests must be filed in separate notice in the Federal Register approval of DPL’s issuances of securities accordance with the provisions of establishing a period of time for the or assumptions of liability. Section 154.210 of the Commission’s filing of protests. Accordingly, any Copies of the full text of the regulations (18 CFR 154.210). Anyone person desiring to be heard or to protest Commission’s Order are available from filing a protest must serve a copy of that the blanket approval of issuances of the Commission’s Public Reference document on all the parties to the securities or assumptions of liability by Room, 888 First Street, NE., proceeding. Pataula should file a motion to Washington, DC 20426. The Order may The Commission encourages intervene or protest with the Federal also be viewed on the Commission’s electronic submission of protests in lieu Energy Regulatory Commission, 888 Web site at http://www.ferc.gov, using of paper using the ‘‘eFiling’’ link at the eLibrary link. Enter the docket http://www.ferc.gov. Persons unable to First Street, NE., Washington, DC 20426, number excluding the last three digits in file electronically should submit an in accordance with Rules 211 and 214 the docket number filed to access the original and 14 copies of the protest to of the Commission’s Rules of Practice document. Comments, protests, and the Federal Energy Regulatory and Procedure. 18 CFR 385.211, 385.214 interventions may be filed electronically Commission, 888 First Street, NE., (2004). via the internet in lieu of paper. See, 18 Washington, DC 20426. Notice is hereby given that the CFR 385.2001(a)(1)(iii) and the This filing is accessible on-line at deadline for filing motions to intervene instructions on the Commission’s Web http://www.ferc.gov, using the or protest is April 25, 2005. site under the ‘‘e-Filing’’ link. The ‘‘eLibrary’’ link and is available for Absent a request to be heard in Commission strongly encourages review in the Commission’s Public opposition by the deadline above, electronic filings. Reference Room in Washington, DC. There is an ‘‘eSubscription’’ link on the Pataula is authorized to issue securities Magalie R. Salas, Web site that enables subscribers to and assume obligations or liabilities as Secretary. receive e-mail notification when a a guarantor, indorser, surety, or [FR Doc. E5–1550 Filed 4–5–05; 8:45 am] document is added to a subscribed otherwise in respect of any security of BILLING CODE 6717–01–P docket(s). For assistance with any FERC another person; provided that such Online service, please e-mail issuance or assumption is for some [email protected], or call lawful object within the corporate DEPARTMENT OF ENERGY (866) 208–3676 (toll free). For TTY, call purposes of Pataula, compatible with the public interest, and is reasonably Federal Energy Regulatory (202) 502–8659. necessary or appropriate for such Commission Magalie R. Salas, purposes. Secretary. [Docket Nos. RP04–248–003 and RP04–251– The Commission reserves the right to 004] [FR Doc. E5–1547 Filed 4–5–05; 8:45 am] require a further showing that neither BILLING CODE 6717–01–P El Paso Natural Gas Company; Notice public nor private interests will be of Filing adversely affected by continued DEPARTMENT OF ENERGY approval of Pataula’s issuances of March 30, 2005. securities or assumptions of liability. Take notice that on March 24, 2005, Federal Energy Regulatory Copies of the full text of the Director’s El Paso Natural Gas Company (EPNG) Commission submitted a compliance filing pursuant Order are available from the [Docket No. ER05–631–000] to the Commission Order dated Commission’s Public Reference Room, 888 First Street, NE., Washington, DC December 20, 2004 in the above listed Pataula Electric Membership proceedings. EPNG tendered for filing as 20426. The Order may also be viewed Corporation; Notice of Issuance of on the Commission’s Web site at part of its FERC Gas Tariff, Second Order Revised Volume No. 1A, the tariff sheets http://www.ferc.gov, using the eLibrary listed in the Appendix A to become March 30, 2005. link. Enter the docket number excluding effective May 1, 2005. Pataula Electric Membership the last three digits in the docket EPNG states that the tariff sheets Corporation (Pataula) filed an number filed to access the document. implement the pro forma tariff sheets application for market-based rate Comments, protests, and interventions approved by the Commission providing authority, with an accompanying rate may be filed electronically via the for rate schedule PAL, an interruptible tariff. The proposed rate tariff provides internet in lieu of paper. See, 18 CFR parking and lending service, that was for wholesale sales of energy and 385.2001(a)(1)(iii) and the instructions included as part of the settlement filed capacity at market-based rates. Pataula on the Commission’s Web site under the in these proceedings. also requested waiver of various ‘‘e-Filing’’ link. The Commission EPNG states that copies of the filing Commission regulations. In particular, strongly encourages electronic filings. were served on parties on the official Pataula requested that the Commission service list in the above-captioned grant blanket approval under 18 CFR Magalie R. Salas, proceedings. Part 34 of all future issuances of Secretary. Any person desiring to protest this securities and assumptions of liability [FR Doc. E5–1544 Filed 4–5–05; 8:45 am] filing must file in accordance with Rule by Pataula. BILLING CODE 6717–01–P 211 of the Commission’s Rules of On March 25, 2005, pursuant to Practice and Procedure (18 CFR delegated authority, the Director,

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DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY document is added to a subscribed docket(s). For assistance with any FERC Federal Energy Regulatory Federal Energy Regulatory Online service, please email Commission Commission [email protected], or call [Docket No. RP05–243–000] (866) 208–3676 (toll free). For TTY, call [Docket No. RP96–312–146] (202) 502–8659. Texas Eastern Transmission, LP; Magalie R. Salas, Tennessee Gas Pipeline Company; Notice of Proposed Changes in FERC Secretary. Notice of Negotiated Rate Filing Gas Tariff [FR Doc. E5–1548 Filed 4–5–05; 8:45 am] March 30, 2005. March 30, 2005. BILLING CODE 6717–01–P Take notice that on March 24, 2005, Take notice that on March 23, 2005, Texas Eastern Transmission, LP (Texas Tennessee Gas Pipeline Company Eastern) tendered for filing as part of its DEPARTMENT OF ENERGY (Tennessee), 1001 Louisiana Street, FERC Gas Tariff, Seventh Revised Houston, Texas 77002, tendered for Volume No. 1, the tariff sheets listed on Federal Energy Regulatory filing negotiated rate arrangement. Appendix A to the filing, to become Commission Tennessee states that the filed effective April 24, 2005. Texas Eastern [Docket No. EC05–62–000, et al.] negotiated rate arrangement reflects an states that the purpose of this filing is agreement between Tennessee and to modify its tariff to remove outdated La Paloma Holding Company, LLC, et Cabot Oil and Gas Marketing provisions related to the al. and Electric Rate and Corporate Corporation for transportation under implementation of the requirements of Filings rate schedule FT–A to become effective Order Nos. 636, et seq. on its system. March 30, 2005. April 1, 2005. Texas Eastern states that copies of its filing have been served upon all affected The following filings have been made Any person desiring to protest this customers of Texas Eastern and with the Commission. The filings are filing must file in accordance with Rules interested state commissions. listed in ascending order within each 211 of the Commission’s Rules of Any person desiring to intervene or to docket classification. Practice and Procedure (18 CFR protest this filing must file in 1. La Paloma Holding Company, LLC 385.211). Protests to this will be accordance with Rules 211 and 214 of considered by the Commission in and La Paloma Generating Company, the Commission’s Rules of Practice and LLC determining the appropriate action to be Procedure (18 CFR 385.211 and taken, but will not serve to make 385.214). Protests will be considered by [Docket No. EC05–62–000] protestants parties to the proceedings. the Commission in determining the On March 24, 2005, La Paloma Such protests must be filed in appropriate action to be taken, but will Holding Company, LLC (HoldCo) and La accordance with the provisions of not serve to make protestants parties to Paloma Generating Company, LLC (La Section 154.210 of the Commission’s the proceeding. Any person wishing to Paloma Gen) filed with the Commission, regulations (18 CFR 154.210). Anyone become a party must file a notice of on behalf of themselves and the current filing a protest must serve a copy of that intervention or motion to intervene, as and future owners of equity interests in document on Tennessee. appropriate. Such notices, motions, or HoldCo, an application requesting that The Commission encourages protests must be filed in accordance the Commission grant all authorizations electronic submission of protests and with the provisions of Section 154.210 and approvals necessary under section interventions in lieu of paper using the of the Commission’s regulations (18 CFR 203 of the Federal Power Act for an ‘‘e-Filing’’ link at http://www.ferc.gov. 154.210). Anyone filing an intervention indirect disposition of jurisdictional Persons unable to file electronically or protest must serve a copy of that facilities as a result of certain proposed should submit an original and 14 copies document on the Applicant. Anyone transfers of ownership or control of of the protest to the Federal Energy filing an intervention or protest on or equity interests in HoldCo, and, in order Regulatory Commission, 888 First before the intervention or protest date to facilitate a more liquid market for the Street, NE., Washington, DC 20426. need not serve motions to intervene or trading of such interests, grant protests on persons other than the additional authorizations approving This filing is accessible on-line at Applicant. certain categories of future transfers of http://www.ferc.gov, using the The Commission encourages ownership or control of equity interests ‘‘eLibrary’’ link and is available for electronic submission of protests and in HoldCo. HoldCo states that it owns review in the Commission’s Public interventions in lieu of paper using the 100 percent of the equity interests in La Reference Room in Washington, DC. ‘‘eFiling’’ link at http://www.ferc.gov. Paloma Gen, which owns and operates There is an ‘‘eSubscription’’ link on the Persons unable to file electronically a 1,040 megawatt electric generating Web site that enables subscribers to should submit an original and 14 copies facility located near McKittrick, receive e-mail notification when a of the protest or intervention to the California. document is added to a subscribed Federal Energy Regulatory Commission, Comment Date: 5 p.m. Eastern Time docket(s). For assistance, please contact 888 First Street, NE., Washington, DC on April 14, 2005. FERC Online Support at 20426. 2. Lake Road Holding Company, LLC [email protected] or toll- This filing is accessible on-line at and Lake Road Generating Company, free at (866) 208–3676, or TTY, contact http://www.ferc.gov, using the L.P. (202) 502–8659. ‘‘eLibrary’’ link and is available for review in the Commission’s Public [Docket No. EC05–63–000] Magalie R. Salas, Reference Room in Washington, DC. On March 24, 2005, Lake Road Secretary. There is an ‘‘eSubscription’’ link on the Holding Company, LLC (HoldCo) and [FR Doc. E5–1543 Filed 4–5–05; 8:45 am] Web site that enables subscribers to Lake Road Generating Company, L.P. BILLING CODE 6717–01–P receive email notification when a (Lake Road Gen) filed with the

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Commission, on behalf of themselves within the Midwest Independent FERC ¶ 61,097 (2005) and the and the current and future owners of Transmission System Operator, Inc. Commission’s Market Behavior Rules equity interests in HoldCo, an Comment Date: 5 p.m. Eastern Time adopted in Investigation of Terms and application requesting that the on April 12, 2005. Conditions of Public Utility Market- Commission grant all authorizations and 5. Morgan Stanley Capital Group Inc., Based Rate Authorizations, 105 FERC approvals necessary under section 203 South Eastern Electric Development ¶ 61,218 (2003). of the Federal Power Act for an indirect Corporation, South Eastern Generating SEEDCO states that copies of the disposition of jurisdictional facilities as Corporation, Naniwa Energy LLC, filing were served on parties on the a result of certain proposed transfers of Power Contract Finance, L.L.C., Power official service list in the above- ownership or control of equity interests Contract Financing II, L.L.C., Power captioned proceeding. in HoldCo, and, in order to facilitate a Contract Financing II, Inc., MS Retail Comment Date: 5 p.m. Eastern Time more liquid market for the trading of Development Corp. and Utility Contract on April 14, 2005 such interests, grant additional Funding II, LLC authorizations approving certain 8. Tampa Electric Company, Panda categories of future transfers of [Docket Nos. ER94–1384–031, ER99–2329– Gila River, L.P., Union Power Partners, ownership or control of equity interests 004, ER00–1803–003, ER01–457–003, ER02– L.P., TECO EnergySource, Inc., in HoldCo. HoldCo owns 100 percent of 1485–005, ER03–1108–005, ER03–1109–004, Commonwealth Chesapeake Company, the equity interests in Lake Road Gen, ER03–1315–003 and ER04–733–002] L.L.C., TPS Dell, LLC, TPS McAdams, which owns and operates a 750 Take notice that on March 24, 2005, LLC and TECO–PANDA Generating megawatt electric generating facility Morgan Stanley Capital Group Inc. Company, L.P. (MSCG), on behalf of itself and its located near Killingly, . [Docket Nos. ER99–2342–004, ER01–931– Comment Date: 5 p.m. Eastern Time affiliates South Eastern Electric 008, ER01–930–008, ER96–1563–021, ER99– on April 14, 2005. Development Corporation, South 415–007, ER02–510–004, ER02–507–004 and Eastern Generating Corporation, Naniwa ER02–1000–005] 3. Deer Park Energy Center Limited Energy LLC, Power Contract Finance, Partnership Take notice that, on March 24, 2005, L.L.C., Power Contract Financing II, Tampa Electric Company, Panda Gila [Docket No. EG05–55–000] L.L.C., Power Contract Financing II, River, L.P., Union Power Partners, L.P., Take notice that on March 18, 2005, Inc., MS Retail Development Corp., and TECO EnergySource, Inc., Deer Park Energy Center Limited Utility Contract Funding II, LLC, Commonwealth Chesapeake Company, Partnership (Applicant) c/o Calpine submitted a revised market power L.L.C., TPS Dell, LLC, TPS McAdams, Corporation, 717 Texas Avenue, Suite analysis. LLC, and TECO–PANDA Generating MSCG states that copies of the filing 1000, Houston, TX 77002, filed with the Company, L.P., (collectively, TECO were served on parties on the official Commission an application for Group) submitted for filing revisions to service lists in the above-captioned determination of exempt wholesale their respective market-based rate tariffs proceedings. generator status pursuant to part 365 of to include the reporting requirement for the Commission’s regulations. Comment Date: 5 p.m. Eastern Time on April 14, 2005. changes in status adopted in Reporting Applicant states that it is a Delaware Requirement for Changes in Status for limited partnership, and will own a 6. Morgan Stanley Capital Group Inc. Public Utilities with Market-Based Rate nominal 950 megwatt natural gas-fired Authority, Order No. 652, 110 FERC combined cycle cogeneration facility [Docket No. ER94–1384–032] Take notice that on March 24, 2005, ¶ 61,097 (2005). located in Deer Park, Texas. The TECO Group states that copies of Applicant states that copies of the Morgan Stanley Capital Group Inc. the filing were served upon the parties application were served upon the (MSCG) submitted an amendment to its on the official service list compiled by United States Securities and Exchange Second Revised Rate Schedule FERC the Secretary in the captioned dockets. Commission and Public Utility No. 1 to reflect the change-in-status Commission of Texas. reporting requirement adopted in the Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Commission’s Order No. 652, Reporting on April 14, 2005 on April 8, 2005. Requirement for Change in Status for 9. Onondaga Cogeneration Limited Public Utilities with Market-Based Rate 4. Rainbow Energy Marketing Authority, 110 FERC ¶ 61,097 (2005). [Docket No. ER00–895–006 Partnership] Corporation MSCG states that copies of the filing Take notice that on March 24, 2005, [Docket Nos. ER94–1061–027 and ER05–729– were served on parties on the official Onondaga Cogeneration Limited 000] service list in this proceeding. Partnership (Onondaga) filed a triennial Take notice that on March 22, 2005, Comment Date: 5 p.m. Eastern Time updated market analysis pursuant to the Rainbow Energy Marketing Corporation on April 14, 2005. Commission’s triennial rate review requirements, the letter order issued on (Rainbow) tendered for filing an 7. South Eastern Electric Development February 9, 2000 in Docket No. ER00– Original Sheet No. 6 to its FERC Electric Corporation Tariff, First Revised Volume No. 1 895–000, and the Order Implementing containing the change in status [Docket No. ER99–2329–003] New Generation Market Power Analysis reporting requirement, in compliance Take notice that, on March 24, 2005, and Mitigation Procedures, Acadia with the Commission’s orders issued in South Eastern Electric Development Power Partners, LLC, et al., 107 FERC Docket No. ER05–351–000 and 001on Corporation (SEEDCO) submitted ¶ 61,168 (2004). Onondaga also February 23, 2005, and in Docket No. amendments to its FERC Electric Tariff, submitted an amendment to its market- ER94–1061–024 on March 3, 2005. Original Volume No. 1 to reflect the based rate tariff to incorporate the In addition, Rainbow submitted First change-in-status reporting requirement reporting requirement set forth in Order Revised Sheet No. 1 to its FERC Electric adopted by the Commission in Order No. 652. Reporting Requirements for Tariff, First Revised Volume No. 1, No. 652, Reporting Requirement for Changes in Status for Public Utilities which would allow Rainbow to sell Changes in Status for Public Utilities with Market-Based Rate Authority, 110 ancillary services at market-based rates with Market-Based Rate Authority, 110 FERC ¶ 61,097 (2005).

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Onondaga states that copies of the its market power update in compliance adopted by the Commission in Order filing were served on parties on the with the Commission’s order issued No. 652, Reporting Requirement for official service list in the above- May 13, 2004 in Acadia Power Partners, Change in Status for Public Utilities captioned proceeding. LLC, 107 FERC ¶ 61,168 (2004). with Market-Based Rate Authority, 110 Comment Date: 5 p.m. Eastern Time Redbud states that copies of the filing FERC ¶ 61,097 (2005). on April 14, 2005. were served upon parties on the official PCF II, Inc. states that copies of the 10. South Eastern Generating service list in the captioned proceeding. filing were served on parties on the Corporation Comment Date: 5 p.m. Eastern Time official service list in this proceeding. on April 14, 2005. [Docket No. ER00–1803–002] Comment Date: 5 p.m. Eastern Time on April 14, 2005. Take notice that, on March 24, 2005, 14. Redbud Energy LC South Eastern Generating Corporation [Docket No. ER01–1011–004] 18. Utility Contract Funding II, LLC (SEGCO) submitted amendments to its Take notice that on March 24, 2005, [Docket No. ER04–733–001] FERC Electric Tariff, Original Volume Redbud Energy LP (Redbud) submitted No. 1 to reflect the change-in-status for filing revisions to its FERC Electric Take notice that, on March 24, 2005, reporting requirement adopted by the Tariff, Original Volume No. 1 to include Utility Contract Funding II, LLC (UCF II) Commission in Order No. 652, the reporting requirement for changes in submitted an amendment to its Rate Reporting Requirement for Changes in status adopted in Order No. 652, Schedule FERC No. 1 to reflect the Status for Public Utilities with Market- Reporting Requirement for Changes in change-in-status reporting requirement Based Rate Authority, 110 FERC Status for Public Utilities with Market- adopted by the Commission in Order ¶ 61,097 (2005) and the Commission’s Based Rate Authority, 110 FERC No. 652, Reporting Requirement for Market Behavior Rules adopted in ¶ 61,097 (2005). Change in Status for Public Utilities Investigation of Terms and Conditions Redbud states that copies of the filing with Market-Based Rate Authority, 110 of Public Utility Market-Based Rate were served upon the parties on the FERC ¶ 61,097 (2005). Authorizations, 105 FERC ¶ 61,218 official service list. UCF II states that copies of the filing (2003). Comment Date: 5 p.m. Eastern Time were served on parties on the official SEGCO states that copies of the filing on April 14, 2005. service list in this proceeding. were served on parties on the official Comment Date: 5 p.m. Eastern Time 15. Astoria Energy LLC service list in the above-captioned on April 14, 2005. proceeding. [Docket No. ER01–3103–008] Comment Date: 5 p.m. Eastern Time 19. Elk River Windfarm LLC Take notice that on March 21, 2005, on April 14, 2005. Astoria Energy LLC (Astoria) submitted [Docket Nos. ER05–365–002 and ER05–365– 11. WFEC GENCO, L.L.C. a supplement to its March 1, 2005, filing 003] [Docket No. ER01–388–003] of a request for Commission renewal of Take notice that on March 23, 2005 all aspects of Astoria’s existing market- Take notice that on March 24, 2005, and March 25, 2005, Elk River based rate authority, together with the WFEC GENCO, L.L.C. (GENCO) Windfarm LLC (Elk River) submitted waivers of and blanket authorizations submitted a revised updated market Second Revised Sheet No. 8 and First under the Federal Power Act previously power analysis. GENCO also submitted Revised Sheet No. 1, respectively, to granted to Astoria. Astoria requests an revised tariff sheets to reflect the FERC Electric Tariff Original Volume effective date of March 6, 2005. change-in-status reporting requirement No. 1. Comment Date: 5 p.m. Eastern Time adopted by the Commission in Order Comment Date: 5 p.m. Eastern Time on April 11, 2005. No. 652, Reporting Requirement for on April 15, 2005. Changes in Status for Public Utilities 16. Power Contract Financing II, L.L.C. 20. Otter Tail Corporation with Market-Based Rate Authority, 110 [Docket No. ER03–1108–004] FERC ¶ 61,097 (2005). [Docket No. ER05–555–000] GENCO states that copies of the filing Take notice that, on March 24, 2005, Take notice that on March 23, 2005, were served on parties on the official Power Contract Financing II, L.L.C. (PCF Otter Tail Corporation, pursuant to the service list in the above-captioned II, LLC) submitted an amendment to its Commission’s Rules of Practice and proceeding. Rate Schedule FERC No. 1 to reflect the Procedures, 18 CFR 385.216, submitted Comment Date: 5 p.m. Eastern Time change-in-status reporting requirement a notice of withdrawal of its February 4, on April 14, 2005. adopted by the Commission in Order 2005 filing of a notice of succession in No. 652, Reporting Requirement for the Docket No. ER05–555–000. 12. Mobile Energy, LLC and CP Pleasant Change in Status for Public Utilities Hill, LLC with Market-Based Rate Authority, 110 Comment Date: 5 p.m. Eastern Time on April 13, 2005. [Docket Nos. ER01–480–004 and ER01–915– FERC ¶ 61,097 (2005). 003] PCF II, LLC states that copies of the 21. Hot Spring Power Company filing were served on parties on the Take notice that on March 24, 2005, [Docket No. ER05–570–002] Mobile Energy, LLC and CPN Pleasant official service list in this proceeding. Hill, LLC submitted a joint amendment Comment Date: 5 p.m. Eastern Time Take notice that on March 23, 2005, to their respective pending triennial on April 14, 2005. Hot Spring Power Company submitted for filing Original Sheet No. 4, Revision updated market power analyses. 17. Power Contract Financing II, Inc. Comment Date: 5 p.m. Eastern Time No. 1, Hot Spring Power Company’s on April 14, 2005. [Docket No. ER03–1109–005] FERC Electric Rate Schedule No. 1, in Take notice that on March 24, 2005, compliance with the Commission’s 13. Redbud Energy, LP Power Contract Financing II, Inc. (PCF letter order issued March 14, 2005, 110 [Docket Nos. ER01–1011–003] II, Inc.) submitted an amendment to its FERC ¶ 61,284 (2005). Take notice that on March 24, 2005, Rate Schedule FERC No. 1 to reflect the Comment Date: 5 p.m. Eastern Time Redbud Energy LP (Redbud) submitted change-in-status reporting requirement on April 13, 2005.

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22. Gulf States Wholesale Equity redetermines the formula rate charges The Commission encourages Partners, LP and the Transmission Loss Factor. electronic submission of protests and [Docket Nos. ER05–679–000 and ER05–679– Comment Date: 5 p.m. Eastern Time interventions in lieu of paper using the 001] on April 13, 2005. ‘‘eFiling’’ link at http://www.ferc.gov. Persons unable to file electronically Take notice that on March 4, 2005, as 25. Basin Electric Power Cooperative amended on March 23, 2005, Gulf States should submit an original and 14 copies [Docket No. NJ04–2–003] Wholesale Equity Partners, LP of the protest or intervention to the submitted a petition requesting the Take notice that on March 23, 2005, Federal Energy Regulatory Commission, acceptance of Gulf States Wholesale Basin Electric Power Cooperative (Basin 888 First Street, NE., Washington, DC Equity Partners, LP’s Rate Schedule Electric) tendered for filing a revised 20426. FERC No. 1; the granting of certain Attachment L to its non-jurisdictional This filing is accessible on-line at blanket approvals, including the open-access transmission reciprocity http://www.ferc.gov, using the authority to sell electricity at market- tariff, FERC Electric Tariff, Original ‘‘eLibrary’’ link and is available for based rates; and the waiver of certain Volume No. 1 (West-Side OATT) review in the Commission’s Public Commission regulations. Gulf States pursuant to the Commission’s order Reference Room in Washington, DC. Wholesale Equity Partners, LP states issued February 18, 2005, Basin Electric There is an ‘‘eSubscription’’ link on the that it intends to engage in wholesale Power Cooperative, 110 FERC ¶ 61,175 Web site that enables subscribers to electric power and energy purchases (2005). Basin Electric requests an receive email notification when a and sales as a marketer and is not in the effective date of January 19, 2005. document is added to a subscribed business of generating or transmitting Basin Electric states that copies of the docket(s). For assistance with any FERC electric power. Gulf States Wholesale transmittal letter to the filing were Online service, please email Equity Partners, LP further states that it served upon customers under the West- [email protected], or call is involved in consulting of electricity Side OATT, the Public Service (866) 208–3676 (toll free). For TTY, call and marketing of wholesale power and Company of Colorado, the Utilities (202) 502–8659. is not associated with any utilities, Board, the Public Utilities Linda Mitry, investor owned or otherwise. Commission, the Montana Public Deputy Secretary. Service Commission, the Nebraska Comment Date: 5 p.m. Eastern Time [FR Doc. E5–1576 Filed 4–5–05; 8:45 am] on April 13, 2005. Public Service Commission, the New Mexico Public Service Commission, the BILLING CODE 6717–01–P 23. California Independent System Public Service Operator Corporation Commission, the Public DEPARTMENT OF ENERGY [Docket No. ER05–718–000] Utilities Commission, and the Wyoming Take notice that on March 23, 2005, Public Service Commission. Federal Energy Regulatory the California Independent System Comment Date: 5 p.m. Eastern Time Commission Operator Corporation (CAISO) tendered on April 13, 2005. for filing an amendment to the CAISO 26. Birchwood Power Partners, L.P. [Project No. 620–009 Alaska] Tariff, Amendment No. 66, for expedited consideration and acceptance [Docket Nos. QF93–126–007 and EL05–69– NorQuest Seafoods, Inc.; Notice of by the Commission. The CAISO states 002] Availability of Environmental that the purpose of Amendment No. 66 Take notice that on March 21, 2005, Assessment is to implement an interim solution to Birchwood Power Partners, L.P. filed a the problem of excessive costs incurred supplement to its February 28, 2005 March 30, 2005. as a result of the manner in which ‘‘Request for Declaratory Order, Or in In accordance with the National import and export bids from System the Alternative, Petition for Order Environmental Policy Act of 1969 and Resources are cleared and settled under Granting Limited Waiver of Qualifying the Federal Energy Regulatory Phase 1B of the CAISO’s Market Facility Operating Standard.’’ Commission’s (Commission) Redesign and Technology Upgrade. The Comment Date: 5 p.m. Eastern Time regulations, 18 CFR part 380 (Order No. CAISO is requesting an effective date of on April 11, 2005. 486, 52 FR 47897), the Office of Energy Projects has reviewed the application March 24, 2005. Standard Paragraph The CAISO states that this filing has for license for the Chignik Hydroelectric been served upon the California Public Any person desiring to intervene or to Project and has prepared an Utilities Commission, the California protest this filing must file in Environmental Assessment (EA) for the Energy Commission, the California accordance with Rules 211 and 214 of project. The project is located on the Electricity Oversight Board, and all the Commission’s Rules of Practice and Indian Creek, in the town of Chignik, parties with effective Scheduling Procedure (18 CFR 385.211 and Alaska. The project occupies about two Coordinator Agreements under the 385.214). Protests will be considered by acres of United States land within the CAISO Tariff. the Commission in determining the boundary of the Alaska Peninsula Comment Date: 5 p.m. Eastern Time appropriate action to be taken, but will National Wildlife Refuge that is in the on April 4, 2005. not serve to make protestants parties to process of being conveyed to Far West, the proceeding. Any person wishing to Inc., a local tribal Corporation. 24. Entergy Services, Inc. become a party must file a notice of The EA contains the staff’s analysis of [Docket No. ER05–719–000] intervention or motion to intervene, as the potential environmental impacts of Take notice that on March 23, 2005, appropriate. Such notices, motions, or the project and concludes that licensing Entergy Services, Inc. (Entergy Services) protests must be filed on or before the the project, with appropriate submitted for filing on behalf of Entergy comment date. Anyone filing a motion environmental protective measures, , Inc. (EAI) a 2005 Wholesale to intervene or protest must serve a copy would not constitute a major Federal Formula Rate Update (Update). Entergy of that document on the Applicant and action that would significantly affect the Services states that the Update all parties to this proceeding. quality of the human environment.

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A copy of the EA is on file with the health and safety studies relating to the Kerosene Manufacturing, Petroleum Commission and is available for public health and/or environmental effects of Distillation, etc. inspection. The EA may also be viewed chemical substances and mixtures listed This listing is not intended to be on the Commission’s website at http:// in the Toxic Substances Control Act exhaustive, but rather provides a guide www.ferc.gov using the ‘‘eLibrary’’ link. (TSCA) section 8(d) rule (40 CFR part for readers regarding entities likely to be Enter the docket number excluding the 716). The ICR describes the nature of the affected by this action. Other types of last three digits in the docket number information collection activity and its entities not listed in this unit could also field to access the document. For expected burden and costs. Before be affected. The North American assistance, contact FERC Online submitting this ICR to the Office of Industrial Classification System Support at Management and Budget (OMB) for (NAICS) codes have been provided to [email protected] or toll- review and approval under the PRA, assist you and others in determining free at 1–866–208–3676, or for TTY, EPA is soliciting comments on specific whether this action might apply to (202) 502–8659. aspects of the collection. certain entities. To determine whether Any comments should be filed within DATES: Written comments, identified by you or your business may be affected by 45 days from the issuance date of this the docket identification (ID) number this action, you should carefully notice, and should be addressed to the OPPT–2005–0019, must be received on examine the applicability provisions in Secretary, Federal Energy Regulatory or before June 6, 2005. 40 CFR 710.28. If you have any questions regarding the applicability of Commission, 888 First Street, NE., ADDRESSES: Comments may be this action to a particular entity, consult Room 1–A, Washington, DC 20426. submitted electronically, by mail, or the technical person listed under FOR Please affix ‘‘Chignik Hydroelectric through hand delivery/courier. Follow FURTHER INFORMATION CONTACT. Project No. 620–009’’ to all comments. the detailed instructions as provided in Comments may be filed electronically Unit I. of the SUPPLEMENTARY B. How Can I Get Copies of this via Internet in lieu of paper. The INFORMATION. Document and Other Related Commission strongly encourages Information? electronic filings. See 18 CFR FOR FURTHER INFORMATION CONTACT: For 385.2001(a)(1)(iii) and the instructions general information contact: Colby 1. Docket. EPA has established an on the Commission’s Web site under the Lintner, Regulatory Coordinator, official public docket for this action ‘‘e-Filing’’ link. For further information, Environmental Assistance Division under docket ID number OPPT–2005– contact Kenneth Hogan at (202) 502– (7408M), Office of Pollution Prevention 0019. The official public docket consists 8434 or by e-mail at and Toxics, Environmental Protection of the documents specifically referenced [email protected]. Agency, 1200 Pennsylvania Ave., NW., in this action, any public comments Washington, DC 20460–0001; telephone received, and other information related Magalie R. Salas, number: (202) 554–1404; e-mail address: to this action. Although a part of the Secretary. [email protected]. official docket, the public docket does [FR Doc. E5–1545 Filed 4–5–05; 8:45 am] For technical information contact: not include Confidential Business BILLING CODE 6717–01–P Gerry Brown, Chemical Control Division Information (CBI) or other information (7405M), Office of Pollution Prevention whose disclosure is restricted by statute. and Toxics, Environmental Protection The official public docket is the ENVIRONMENTAL PROTECTION Agency, 1200 Pennsylvania Ave., NW., collection of materials that is available AGENCY Washington, DC 20460–0001; telephone for public viewing at the EPA Docket number: (202) 564–8086; fax number: Center, Rm. B102-Reading Room, EPA [OPPT–2005–0019; FRL–7705–8] (202) 564–4765; e-mail address: West, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket TSCA Section 8(d) Health and Safety [email protected]. Center is open from 8:30 a.m. to 4:30 Data Reporting, Submission of Lists SUPPLEMENTARY INFORMATION: p.m., Monday through Friday, excluding and Copies of Health and Safety legal holidays. The EPA Docket Center Studies; Request for Comment on I. General Information Reading Room telephone number is Renewal of Information Collection A. Does this Action Apply to Me? (202) 566–1744 and the telephone Activities You may be potentially affected by number for the OPPT Docket, which is AGENCY: Environmental Protection this action if you are a company that located in EPA Docket Center, is (202) Agency (EPA). manufactures, processes, imports, or 566–0280. ACTION: Notice. distributes in commerce chemical 2. Electronic access.You may access substances or mixtures. Potentially this Federal Register document SUMMARY: In compliance with the affected entities may include, but are electronically through the EPA Internet Paperwork Reduction Act (PRA) (44 not limited to: under the ‘‘Federal Register’’ listings at U.S.C 3501 et seq.), EPA is seeking • Chemical Manufacturing (NAICS http://www.epa.gov/fedrgstr/. public comment on the following 325), e.g., Basic Chemical An electronic version of the public Information Collection Request (ICR): Manufacturing; Resin, Synthetic Rubber docket is available through EPA’s TSCA Section 8(d) Health and Safety and Artificial and Synthetic Fibers and electronic public docket and comment Data Reporting, Submission of Lists and Filaments Manufacturing; Pesticide, system, EPA Dockets. You may use EPA Copies of Health and Safety Studies Fertilizer, and Other Agricultural Dockets at http://www.epa.gov/edocket/ (EPA ICR No. 0575.10, OMB Control No. Chemical Manufacturing; Paint, Coating, to submit or view public comments, 2070–0004). This ICR involves a and Adhesive Manufacturing; Soap, access the index listing of the contents collection activity that is currently Cleaning Compound, and Toilet of the official public docket, and to approved and scheduled to expire on Preparation Manufacturing, etc. access those documents in the public February 28, 2006. The information • Petroleum Refineries (NAICS docket that are available electronically. collected under this ICR relates to 32411), e.g., Crude Oil Refining, Diesel Although not all docket materials may requirements that manufacturers and Fuels Manufacturing, Fuel Oils be available electronically, you may still processors submit lists and copies of Manufacturing, Jet Fuel Manufacturing, access any of the publicly available

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docket materials through the docket C. How and to Whom Do I Submit the send an e-mail comment directly to the facility identified in Unit I.B.1. Once in Comments? docket without going through EPA’s the system, select ‘‘search,’’ then key in You may submit comments electronic public docket, EPA’s e-mail the appropriate docket ID number. electronically, by mail, or through hand system automatically captures your e- mail address. E-mail addresses that are Certain types of information will not delivery/courier. To ensure proper automatically captured by EPA’s e-mail be placed in the EPA Dockets. receipt by EPA, identify the appropriate system are included as part of the Information claimed as CBI and other docket ID number in the subject line on the first page of your comment. Please comment that is placed in the official information whose disclosure is public docket, and made available in restricted by statute, which is not ensure that your comments are submitted within the specified comment EPA’s electronic public docket. included in the official public docket, iii. Disk or CD ROM. You may submit period. Comments received after the will not be available for public viewing comments on a disk or CD ROM that close of the comment period will be in EPA’s electronic public docket. EPA’s you mail to the mailing address policy is that copyrighted material will marked ‘‘late.’’ EPA is not required to identified in Unit I.C.2. These electronic not be placed in EPA’s electronic public consider these late comments. If you submissions will be accepted in wish to submit CBI or information that docket but will be available only in WordPerfect or ASCII file format. Avoid is otherwise protected by statute, please printed, paper form in the official public the use of special characters and any follow the instructions in Unit I.D. Do docket. To the extent feasible, publicly form of encryption. not use EPA Dockets or e-mail to submit 2. By mail. Send your comments to: available docket materials will be made CBI or information protected by statute. available in EPA’s electronic public Document Control Office (7407M), 1. Electronically. If you submit an Office of Pollution Prevention and docket. When a document is selected electronic comment as prescribed in this from the index list in EPA Dockets, the Toxics (OPPT), Environmental unit, EPA recommends that you include Protection Agency, 1200 Pennsylvania system will identify whether the your name, mailing address, and an e- Ave., NW., Washington, DC 20460– document is available for viewing in mail address or other contact 0001. EPA’s electronic public docket. information in the body of your 3. By hand delivery or courier. Deliver Although not all docket materials may comment. Also include this contact your comments to: OPPT Document be available electronically, you may still information on the outside of any disk Control Office (DCO), EPA East Bldg., access any of the publicly available or CD ROM you submit, and in any Rm. 6428, 1201 Constitution Ave., NW., docket materials through the docket cover letter accompanying the disk or Washington, DC. Attention: Docket ID facility identified in Unit I.B.1. EPA CD ROM. This ensures that you can be Number OPPT–2005–0019. The DCO is intends to work towards providing identified as the submitter of the open from 8 a.m. to 4 p.m., Monday electronic access to all of the publicly comment and allows EPA to contact you through Friday, excluding legal available docket materials through in case EPA cannot read your comment holidays. The telephone number for the EPA’s electronic public docket. due to technical difficulties or needs DCO is (202) 564–8930. further information on the substance of For public commenters, it is your comment. EPA’s policy is that EPA D. How Should I Submit CBI to the important to note that EPA’s policy is will not edit your comment, and any Agency? that public comments, whether identifying or contact information Do not submit information that you submitted electronically or in paper, provided in the body of a comment will consider to be CBI electronically will be made available for public be included as part of the comment that through EPA’s electronic public docket viewing in EPA’s electronic public is placed in the official public docket, or by e-mail. You may claim docket as EPA receives them and and made available in EPA’s electronic information that you submit to EPA as without change, unless the comment public docket. If EPA cannot read your CBI by marking any part or all of that contains copyrighted material, CBI, or comment due to technical difficulties information as CBI (if you submit CBI other information whose disclosure is and cannot contact you for clarification, on disk or CD ROM, mark the outside restricted by statute. When EPA EPA may not be able to consider your of the disk or CD ROM as CBI and then identifies a comment containing comment. identify electronically within the disk or copyrighted material, EPA will provide i. EPA Dockets. Your use of EPA’s CD ROM the specific information that is a reference to that material in the electronic public docket to submit CBI). Information so marked will not be version of the comment that is placed in comments to EPA electronically is disclosed except in accordance with EPA’s electronic public docket. The EPA’s preferred method for receiving procedures set forth in 40 CFR part 2. entire printed comment, including the comments. Go directly to EPA Dockets In addition to one complete version of copyrighted material, will be available at http://www.epa.gov/edocket/, and the comment that includes any in the public docket. follow the online instructions for information claimed as CBI, a copy of submitting comments. Once in the the comment that does not contain the Public comments submitted on system, select ‘‘search,’’ and then key in information claimed as CBI must be computer disks that are mailed or docket ID number OPPT–2005–0019. submitted for inclusion in the public delivered to the docket will be The system is an ‘‘anonymous access’’ docket and EPA’s electronic public transferred to EPA’s electronic public system, which means EPA will not docket. If you submit the copy that does docket. Public comments that are know your identity, e-mail address, or not contain CBI on disk or CD ROM, mailed or delivered to the docket will be other contact information unless you mark the outside of the disk or CD ROM scanned and placed in EPA’s electronic provide it in the body of your comment. clearly that it does not contain CBI. public docket. Where practical, physical ii. E-mail. Comments may be sent by Information not marked as CBI will be objects will be photographed, and the e-mail to [email protected], Attention: included in the public docket and EPA’s photograph will be placed in EPA’s Docket ID Number OPPT–2005–0019. In electronic public docket without prior electronic public docket along with a contrast to EPA’s electronic public notice. If you have any questions about brief description written by the docket docket, EPA’s e-mail system is not an CBI or the procedures for claiming CBI, staff. ‘‘anonymous access’’ system. If you please consult the technical person

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listed under FOR FURTHER INFORMATION ICR status: This ICR is currently existing ways to comply with any CONTACT. scheduled to expire on February 28, previously applicable instructions and 2006. An agency may not conduct or requirements; train personnel to be able E. What Should I Consider when I sponsor, and a person is not required to to respond to a collection of Prepare My Comments for EPA? respond to, a collection of information, information; search data sources; You may find the following unless it displays a currently valid OMB complete and review the collection of suggestions helpful for preparing your control number. The OMB control information; and transmit or otherwise comments: numbers for EPA’s regulations in title 40 disclose the information. 1. Explain your views as clearly as of the CFR, after appearing in the The ICR provides a detailed possible. Federal Register, are listed in 40 CFR explanation of this estimate, which is 2. Describe any assumptions that you part 9, and included on the related only briefly summarized in this notice. used. collection instrument or form, if The annual public burden for this 3. Provide copies of any technical applicable. collection of information is estimated to information and/or data you used that Abstract: Section 8(d) of TSCA and 40 be 14 hours per response. The following support your views. CFR part 716 require manufacturers and is a summary of the estimates taken 4. If you estimate potential burden or processors of chemicals to submit lists from the ICR: costs, explain how you arrived at the and copies of health and safety studies Respondents/affected entities: estimate that you provide. relating to the health and/or Companies that manufacture, process, 5. Provide specific examples to environmental effects of certain import, or distribute in commerce illustrate your concerns. chemical substances and mixtures. In chemical substances or mixtures. 6. Offer alternative ways to improve order to comply with the reporting Estimated total number of potential the collection activity. requirements of section 8(d) of TSCA, respondents: 20 7. Make sure to submit your respondents must search their records to Frequency of response: On occasion. comments by the deadline in this identify any health and safety studies in Estimated total/average number of notice. their possession, copy and process responses for each respondent: 1. 8. To ensure proper receipt by EPA, relevant studies, list studies that are Estimated total annual burden hours: be sure to identify the docket ID number currently in progress, and submit this 882 hours. assigned to this action in the subject information to EPA. Estimated total annual burden costs: line on the first page of your response. EPA uses this information to $45,851. You may also provide the name, date, construct a complete picture of the IV. Are There Changes in the Estimates known effects of the chemicals in and Federal Register citation. from the Last Approval? question, leading to determinations by F. What Information is EPA Particularly EPA of whether additional testing of the There is a decrease of 1,462 hours Interested in? chemicals is required. The information (from 2,344 hours to 882 hours) in the Pursuant to section 3506(c)(2)(A) of enables EPA to base its testing decisions total estimated respondent burden PRA, EPA specifically solicits on the most complete information compared with that identified in the comments and information to enable it available and to avoid demands for information collection request most to: testing that may be duplicative. EPA recently approved by OMB. This change 1. Evaluate whether the collections of will use information obtained via this is due to adjustments in the estimates to information are necessary for the proper collection to support its investigation of better reflect EPA’s experience with the performance of the functions of the the risks posed by chemicals and, in 1998 revisions to the TSCA section 8(d) Agency, including whether the particular, to support its decisions on reporting standards that reduced information will have practical utility. whether to require industry to test reporting burden. The last ICR renewal 2. Evaluate the accuracy of the chemicals under section 4 of TSCA. estimated reporting burden by Agency’s estimates of the burdens of the Responses to the collection of projecting responses based on historical collections of information. information are mandatory (see 40 CFR reporting from rules prior to the 1998 3. Enhance the quality, utility, and part 716). Respondents may claim all or revisions. The data used to project clarity of the information to be part of a notice confidential. EPA will future responses for this ICR renewal are collected. disclose information that is covered by limited to reports for chemicals added 4. Minimize the burden of the a claim of confidentiality only to the to the TSCA section 8(d) list after the collections of information on those who extent permitted by, and in accordance 1998 revisions. The new estimates are are to respond, including through the with, the procedures in TSCA section 14 based solely on experience with the use of appropriate automated or and 40 CFR part 2. 2004 list of TSCA section 8(d) chemicals electronic collection technologies or (the first chemicals added to the list III. What are EPA’s Burden and Cost other forms of information technology, since the 1998 revisions to the Estimates for this ICR? e.g., permitting electronic submission of regulations). As a result, EPA has responses. Under PRA, ‘‘burden’’ means the total reduced the estimated number of reports time, effort, or financial resources that will be submitted in the future. II. What Information Collection expended by persons to generate, Activity or ICR Does this Action Apply maintain, retain, or disclose or provide V. What is the Next Step in the Process to? information to or for a Federal Agency. for this ICR? EPA is seeking comments on the For this collection it includes the time EPA will consider the comments following ICR: needed to review instructions; develop, received and amend the ICR as Title: TSCA Section 8(d) Health and acquire, install, and utilize technology appropriate. The final ICR package will Safety Data Reporting, Submission of and systems for the purposes of then be submitted to OMB for review Lists and Copies of Health and Safety collecting, validating, and verifying and approval pursuant to 5 CFR Studies. information, processing and 1320.12. EPA will issue another Federal ICR numbers: EPA ICR No. 0575.10, maintaining information, and disclosing Register notice pursuant to 5 CFR OMB Control No. 2070–0004. and providing information; adjust the 1320.5(a)(1)(iv) to announce the

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submission of the ICR to OMB and the scheduled from 8 a.m. to 5 p.m., e.t. On meeting to the public. However, the opportunity to submit additional April 20, 2005, the meeting is scheduled Group reserves the right to enter into comments to OMB. If you have any from 8 a.m. to 12 p.m., e.t. closed session, if necessary, late in the questions about this ICR or the approval ADDRESSES: The meeting will take place afternoon of April 18, 2005, process, please contact the technical at the Hilton Crystal City, 2399 Jefferson immediately before lunch on April 19, person listed under FOR FURTHER Davis Highway, Arlington, VA 22202. 2005, and late in the day on April 20, INFORMATION CONTACT. Meetings will be held in the Decatur 2005. If closed sessions are needed, Room on April 18 and April 19 and in opportunities for public comment will List of Subjects Chesapeake Hall on April 20. be provided before the closed sessions Environmental protection, Reporting FOR FURTHER INFORMATION CONTACT: begin. and recordkeeping requirements. Interested participants from the public If there is a closed meeting session, should contact Marc Santora, only WSWG members, Federal resource Dated: March 25, 2005. Designated Federal Officer, U.S. personnel, facilitation support Margaret Schneider, Environmental Protection Agency, contractors, and outside experts Acting Assistant Administrator, Office of Office of Ground Water and Drinking identified by the facilitation support Prevention, Pesticides and Toxic Substances. Water, Water Security Division (Mail contractors will attend the closed [FR Doc. 05–6634 Filed 4–5–05; 8:45 am] Code 4601–M), 1200 Pennsylvania meeting. A general summary of the topics discussed during closed meetings BILLING CODE 6560–50–S Avenue, NW., Washington, DC 20460. Please contact Marc Santora at and the individuals present will be [email protected] or call 202–564– included with the summary of the open ENVIRONMENTAL PROTECTION 1597 to receive additional details. portions of the WSWG meeting. AGENCY SUPPLEMENTARY INFORMATION: Public Comment [FRL–7896–5] Background An opportunity for public comment will be provided during the open part of National Drinking Water Advisory The WSWG’s mission is to: (1) the WSWG meeting. Oral statements Council’s Water Security Working Identify, compile, and characterize best will be limited to five minutes, and it is Group Meeting Announcement security practices and policies for preferred that only one person present drinking water and wastewater utilities the statement on behalf of a group or AGENCY: Environmental Protection and provide an approach for Agency. organization. Written comments may be considering and adopting these provided at the meeting or may be sent, ACTION: Notice. practices and policies at a utility level; by mail, to Marc Santora, Designated (2) consider mechanisms to provide SUMMARY: The Environmental Protection Federal Officer for the WSWG, at the e- recognition and incentives that facilitate mail address listed in the FOR FURTHER Agency (EPA) announces the fifth a broad and receptive response among public meeting of the Water Security INFORMATION CONTACT section of this the water sector to implement these best notice. Working Group (WSWG) of the National security practices and policies and make Drinking Water Advisory Council recommendations as appropriate; (3) Special Accommodations (NDWAC), which was established under consider mechanisms to measure the Any person needing special the Safe Drinking Water Act. The extent of implementation of these best accommodations at this meeting, purpose of this meeting is to provide an security practices and policies, identify including wheelchair access, should opportunity for the WSWG members to the impediments to their contact Marc Santora, Designated continue deliberations on the following implementation, and make Federal Officer, at the number or e-mail topics: (1) Features of active and recommendations as appropriate. The address listed in the FOR FURTHER effective security programs for drinking Group is comprised of sixteen members INFORMATION CONTACT section of this water and wastewater utilities (water from water and wastewater utilities, notice. Requests for special sector); (2) incentives to encourage public health, academia, state accommodations should be made at broad adoption of active and effective regulators, and environmental and least five business days in advance of security programs in the water sector; community interests. It is supported by the WSWG meeting. and (3) measures of the performance of technical experts from the Dated: April 4, 2005. water security programs. The focus of Environmental Protection Agency, the Nanci E. Gelb, the meeting will be on review of the Department of Homeland Security, the WSWG’s draft report and Centers for Disease Control and Acting Director, Office of Ground Water and Drinking Water. recommendations. The meeting will be Prevention, and the Department of open to the public and an opportunity Defense. [FR Doc. 05–6941 Filed 4–5–05; 8:45 am] for public comment will be provided. BILLING CODE 6560–50–P The WSWG findings and Closed and Open Parts of the Meeting recommendations will be provided to The WSWG is a working group of the the NDWAC for their consideration. The NDWAC; it is not a Federal advisory ENVIRONMENTAL PROTECTION WSWG anticipates providing findings committee and therefore not subject to AGENCY and recommendations to the NDWAC in the same public disclosure laws that [OPP–2005–0372]; FRL–7703–5] spring 2005. This is the final planned govern Federal advisory committees. meeting of the WSWG. The Group can enter into closed session Fluometuron; Notice of Availability of DATES: The WSWG meeting is April 18– as necessary to provide an opportunity Risk Assessments andOpening of 20, 2005, in Crystal City, VA, in the to discuss security-sensitive information Docket Washington, DC area. On April 18, relating to specific water sector AGENCY: Environmental Protection 2005, the meeting is scheduled from vulnerabilities and security tactics. Agency (EPA). 1:30 p.m. to 5:30 p.m., eastern time Currently, the WSWG does not ACTION: Notice. (e.t.). On April 19, 2005, the meeting is anticipate closing any parts of the April

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SUMMARY: This notice announces the 0372. The official public docket consists submitted electronically or in paper, availability of EPA’srisk assessments, of the documents specifically referenced will be made available for public preliminary risk reduction options, and in this action, any public comments viewing in EPA’s electronic public related documentsfor fluometuron, a received, and other information related docket as EPA receives them and phenylurea herbicide, and opens a to this action. Although a part of the without change, unless the comment public comment periodon these official docket, the public docket does contains copyrighted material, CBI, or documents. The public is encouraged to not include Confidential Business other information whose disclosure is suggest risk managementideas or Information (CBI) or other information restricted by statute. When EPA proposals to address the risks identified. whose disclosure is restricted by statute. identifies a comment containing EPA is developing aReregistration The official public docket is the copyrighted material, EPA will provide Eligibility Decision (RED) for collection of materials that is available a reference to that material in the fluometuron through amodified, 4-Phase for public viewing at the Public version of the comment that is placed in public participation process that the Information and Records Integrity EPA’s electronic public docket. The Agency uses to involve the public in Branch (PIRIB), Rm. 119, Crystal Mall entire printed comment, including the developing pesticide reregistration and #2, 1801 S. Bell St., Arlington, VA. This copyrighted material, will be available tolerance reassessment decisions. docket facility is open from 8:30 a.m. to in the public docket. Through this program, EPA is ensuring 4 p.m., Monday through Friday, Public comments submitted on that all pesticides meet current health excluding legal holidays. The docket computer disks that are mailed or and safety standards. telephone number is (703) 305–5805. delivered to the docket will be 2. Electronic access. You may access transferred to EPA’s electronic public DATES: Comments, identified by docket identification (ID) number OPP–2004– this Federal Register document docket. Public comments that are 0372, must be received on or before June electronically through the EPA Internet mailed or delivered to the docket will be 6, 2005. under the ‘‘Federal Register’’ listings at scanned and placed in EPA’s electronic http://www.epa.gov/fedrgstr/. public docket. Where practical, physical ADDRESSES: Comments may be An electronic version of the public objects will be photographed, and the submitted electronically, by mail, or docket is available through EPA’s photograph will be placed in EPA’s through hand delivery/courier. Follow electronic public docket and comment electronic public docket along with a the detailed instructions as provided in system, EPA Dockets. You may use EPA brief description written by the docket Unit I. of the SUPPLEMENTARY Dockets at http://www.epa.gov/edocket/ staff. INFORMATION. to submit or view public comments, C. How and to Whom Do I Submit FOR FURTHER INFORMATION CONTACT: access the index listing of the contents Comments? Kylie Rothwell, Special Review and of the official public docket, and to Reregistration Division (7508C), Office access those documents in the public You may submit comments of Pesticide Programs, Environmental docket that are available electronically. electronically, by mail, or through hand Protection Agency, 1200 Pennsylvania Once in the system, select ‘‘search,’’ delivery/courier. To ensure proper Ave., NW., Washington, DC 20460– then key in the appropriate docket ID receipt by EPA, identify the appropriate 0001; courier address: 1801 S. Bell number. docket ID number in the subject line on Street; Arlington, VA 22202; telephone Certain types of information will not the first page of your comment. Please number: (703) 308–8055; fax number: be placed in the EPA Dockets. ensure that your comments are (703) 308–8172; e-mail address: Information claimed as CBI and other submitted within the specified comment [email protected]. information whose disclosure is period. Comments received after the restricted by statute, which is not close of the comment period will be SUPPLEMENTARY INFORMATION: included in the official public docket, marked ‘‘late.’’ EPA is not required to I. General Information will not be available for public viewing consider these late comments. If you in EPA’s electronic public docket. EPA’s wish to submit CBI or information that A. Does this Action Apply to Me? policy is that copyrighted material will is otherwise protected by statute, please This action is directed to the public not be placed in EPA’s electronic public follow the instructions in Unit I.D. Do in general, and may be of interest to a docket but will be available only in not use EPA Dockets or e-mail to submit wide range of stakeholders including printed, paper form in the official public CBI or information protected by statute. environmental, human health, and docket. To the extent feasible, publicly 1. Electronically. If you submit an agricultural advocates; the chemical available docket materials will be made electronic comment as prescribed in this industry; pesticide users; and members available in EPA’s electronic public unit, EPA recommends that you include of the public interested in the sale, docket. When a document is selected your name, mailing address, and an e- distribution, or use of pesticides. Since from the index list in EPA Dockets, the mail address or other contact others also may be interested, the system will identify whether the information in the body of your Agency has not attempted to describe all document is available for viewing in comment. Also include this contact the specific entities that may be affected EPA’s electronic public docket. information on the outside of any disk by this action. If you have any questions Although not all docket materials may or CD ROM you submit, and in any regarding the applicability of this action be available electronically, you may still cover letter accompanying the disk or to a particular entity, consult the person access any of the publicly available CD ROM. This ensures that you can be listed under FOR FURTHER INFORMATION docket materials through the docket identified as the submitter of the CONTACT. facility identified in Unit I.B.1. EPA comment and allows EPA to contact you intends to work towards providing in case EPA cannot read your comment B. How Can I Get Copies of this electronic access to all of the publicly due to technical difficulties or needs Document and Other Related available docket materials through further information on the substance of Information? EPA’s electronic public docket. your comment. EPA’s policy is that EPA 1. Docket. EPA has established an For public commenters, it is will not edit your comment, and any official public docket for this action important to note that EPA’s policy is identifying or contact information under docket ID number OPP–2004– that public comments, whether provided in the body of a comment will

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be included as part of the comment that D. How Should I Submit CBI to the fate and effects risk assessments and is placed in the official public docket, Agency? related documents for the phenylurea and made available in EPA’s electronic Do not submit information that you herbicide, fluometuron, and is public docket. If EPA cannot read your consider to be CBI electronically encouraging the public to suggest risk comment due to technical difficulties through EPA’s electronic public docket management ideas or proposals. EPA is and cannot contact you for clarification, or by e-mail. You may claim ensuring that pesticides meet current EPA may not be able to consider your information that you submit to EPA as standards under the Federal Insecticide, comment. CBI by marking any part or all of that Fungicide, and Rodenticide Act (FIFRA) i. EPA Dockets. Your use of EPA’s information as CBI (if you submit CBI and the Federal Food, Drug, and electronic public docket to submit on disk or CD ROM, mark the outside Cosmetic Act (FFDCA), as amended by comments to EPA electronically is of the disk or CD ROM as CBI and then the Food Quality Protection Act of 1996 (FQPA). EPA’s preferred method for receiving identify electronically within the disk or Fluometuron is a preplant, comments. Go directly to EPA Dockets CD ROM the specific information that is preemergence and/or postemergence at http://www.epa.gov/edocket/, and CBI). Information so marked will not be follow the online instructions for herbicide used on cotton to control disclosed except in accordance with broadleaf and grass weeds. There are submitting comments. Once in the procedures set forth in 40 CFR part 2. potential chronic dietary risks of system, select ‘‘search,’’ and then key in In addition to one complete version of concern and cancer risks of concern as docket ID number OPP–2004–0372. The the comment that includes any a result of drinking water exposure, and system is an ‘‘anonymous access’’ information claimed as CBI, a copy of potential acute and chronic ecological system, which means EPA will not the comment that does not contain the risks of concern. EPA is providing an know your identity, e-mail address, or information claimed as CBI must be opportunity, through this notice, for other contact information unless you submitted for inclusion in the public interested parties to provide comments provide it in the body of your comment. docket and EPA’s electronic public and input on the Agency’s risk ii. E-mail. Comments may be sent by docket. If you submit the copy that does assessments for fluometuron. Such e-mail to [email protected], not contain CBI on disk or CD ROM, comments and input could address the Attention: Docket ID Number OPP– mark the outside of the disk or CD ROM potential risks of concern. The Agency 2004–0372. In contrast to EPA’s clearly that it does not contain CBI. is interested in obtaining any additional electronic public docket, EPA’s e-mail Information not marked as CBI will be data or information that may further system is not an ‘‘anonymous access’’ included in the public docket and EPA’s refine the risk assessments, such as system. If you send an e-mail comment electronic public docket without prior additional cancer data, ecological directly to the docket without going notice. If you have any questions about toxicity data, percent crop treated through EPA’s electronic public docket, CBI or the procedures for claiming CBI, information, typical application rates EPA’s e-mail system automatically please consult the person listed under and timings, etc. captures your e-mail address. E-mail FOR FURTHER INFORMATION CONTACT. EPA seeks to achieve environmental addresses that are automatically E. What Should I Consider as I Prepare justice, the fair treatment and captured by EPA’s e-mail system are My Comments for EPA? meaningful involvement of all people, included as part of the comment that is regardless of race, color, national origin, placed in the official public docket, and You may find the following or income, in the development, made available in EPA’s electronic suggestions helpful for preparing your implementation, and enforcement of public docket. comments: environmental laws, regulations, and 1. Explain your views as clearly as policies. To help address potential iii. Disk or CD ROM. You may submit possible. comments on a disk or CD ROM that environmental justice issues, the 2. Describe any assumptions that you Agency seeks information on any groups you mail to the mailing address used. identified in Unit I.C.2. These electronic or segments of the population who, as 3. Provide any technical information a result of their location, cultural submissions will be accepted in and/or data you used that support your WordPerfect or ASCII file format. Avoid practices, or other factors, may have views. atypical, unusually high exposure to the use of special characters and any 4. If you estimate potential burden or form of encryption. fluometuron, compared to the general costs, explain how you arrived at your population. 2. By mail. Send your comments to: estimate. EPA is releasing for public comment Public Information and Records 5. Provide specific examples to its risk assessments for fluometuron, to Integrity Branch (PIRIB) (7502C), Office illustrate your concerns. provide an opportunity for interested of Pesticide Programs (OPP), 6. Offer alternatives. parties to also provide risk management Environmental Protection Agency, 1200 7. Make sure to submit your proposals or otherwise comment on risk Pennsylvania Ave., NW., Washington, comments by the comment period management. Such comments and DC 20460–0001, Attention: Docket ID deadline identified. proposals should further discuss ways Number OPP–2004–0372. 8. To ensure proper receipt by EPA, to manage fluometuron’s dietary (water), 3. By hand delivery or courier. Deliver identify the appropriate docket ID cancer, and/or ecological risks resulting your comments to: Public Information number in the subject line on the first from its use on cotton, as discussed in and Records Integrity Branch (PIRIB), page of your response. It would also be the Agency’s risk assessments. Office of Pesticide Programs (OPP), helpful if you provided the name, date, EPA is applying the principles of Environmental Protection Agency, Rm. and Federal Register citation related to public participation to all pesticides 119, Crystal Mall #2, 1801 S. Bell St., your comments. undergoing reregistration and tolerance Arlington, VA, Attention: Docket ID II. Background reassessment. The Agency’s Pesticide Number OPP–2004–0372. Such Tolerance Reassessment and deliveries are only accepted during the A. What Action is the Agency Taking? Reregistration; Public Participation docket’s normal hours of operation as EPA is releasing for public comment Process, published in the Federal identified in Unit I.B.1. its human health and environmental Register on May 14, 2004, explains that

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in conducting these programs, the ENVIRONMENTAL PROTECTION the person listed under FOR FURTHER Agency is tailoring its public AGENCY INFORMATION CONTACT. participation process to be [OPP–2005–0059; FRL–7701–7] B. How Can I Get Copies of this commensurate with the level of risk, Document and Other Related extent of use, complexity of the issues, Pesticide Products; Registration Information? and degree of public concern associated Applications 1. Docket. EPA has established an with each pesticide. For fluometuron, a official public docket for this action modified, 4-Phase process with one AGENCY: Environmental Protection under docket ID number OPP–2005– comment period and ample opportunity Agency (EPA). ACTION: Notice. 0059. The official public docket consists for public consultation seems of the documents specifically referenced appropriate in view of its limited use SUMMARY: This notice announces receipt in this action, any public comments pattern. However, if as a result of of applications to register pesticide received, and other information related comments received during this products containing new active to this action. Although a part of the comment period EPA finds that ingredients not included in any official docket, the public docket does additional issues warranting further previously registered products pursuant not include Confidential Business discussion are raised, the Agency may to the provisions of section 3(c)(4) of the Information (CBI) or other information lengthen the process and include a Federal Insecticide, Fungicide, and whose disclosure is restricted by statute. second comment period, as needed. Rodenticide Act (FIFRA), as amended. The official public docket is the All comments should be submitted DATES: Written comments, identified by collection of materials that is available using the methods in Unit I. of the the docket identification (ID) number for public viewing at the Public Information and Records Integrity SUPPLEMENTARY INFORMATION, and must OPP–2005–0059, must be received on or Branch (PIRIB), Rm. 119, Crystal Mall be received by EPA on or before the before May 6, 2005. #2, 1801 S. Bell St., Arlington, VA. This ADDRESSES: closing date. Comments will become Comments may be docket facility is open from 8:30 a.m. to part of the Agency Docket for submitted electronically, by mail, or 4 p.m., Monday through Friday, fluometuron. Comments received after through hand delivery/courier. Follow excluding legal holidays. The docket the close of the comment period will be the detailed instructions as provided in telephone number is (703) 305–5805. marked ‘‘late.’’ EPA is not required to Unit I. of the SUPPLEMENTARY 2. Electronic access. You may access consider these late comments. INFORMATION. this Federal Register document electronically through the EPA Internet B. What is the Agency’s Authority for FOR FURTHER INFORMATION CONTACT: under the ‘‘Federal Register’’ listings at Taking this Action? Joanne Edwards, Registration Division (7505C), Office of Pesticide Programs, http://www.epa.gov/fedrgstr/. Section 4(g)(2) of FIFRA as amended Environmental Protection Agency, 1200 An electronic version of the public directs that, after submission of all data Pennsylvania Ave., NW., Washington, docket is available through EPA’s concerning a pesticide active ingredient, DC 20460–0001, telephone number: electronic public docket and comment system, EPA Dockets. You may use EPA ‘‘the Administrator shall determine (703) 305–6736; E-mail address: [email protected]. Dockets at http://www.epa.gov/edocket/ whether pesticides containing such to submit or view public comments, active ingredient are eligible for SUPPLEMENTARY INFORMATION: access the index listing of the contents reregistration,’’ before calling in product I. General Information of the official public docket, and to specific data on individual end-use access those documents in the public products and either reregistering A. Does this Action Apply to Me? docket that are available electronically. products or taking other ‘‘appropriate You may be potentially affected by Once in the system, select ‘‘search,’’ regulatory action.’’ this action if you are an agricultural then key in the appropriate docket ID Section 408(q) of the FFDCA, 21 producer, food manufacturer, or number. U.S.C. 346a(q), requires EPA to review pesticide manufacturer. Potentially Certain types of information will not tolerances and exemptions for pesticide affected entities may include, but are be placed in the EPA Dockets. residues in effect as of August 2, 1996, not limited to: Information claimed as CBI and other to determine whether the tolerance or Crop production (NAICS code 111) information whose disclosure is • exemption meets the requirements of Animal production (NAICS code restricted by statute, which is not included in the official public docket, section 408(b)(2) or (c)(2) of FFDCA. 112) • Food manufacturing (NAICS code will not be available for public viewing This review is to be completed by 311) in EPA’s electronic public docket. EPA’s August 3, 2006. • Pesticide manufacturing (NAICS policy is that copyrighted material will List of Subjects code 32532) not be placed in EPA’s electronic public This listing is not intended to be docket but will be available only in Environmental protection, pesticides exhaustive, but rather provides a guide printed, paper form in the official public and pests. for readers regarding entities likely to be docket. To the extent feasible, publicly Dated: March 11, 2005. affected by this action. Other types of available docket materials will be made entities not listed in this unit could also available in EPA’s electronic public Debra Edwards, be affected. The North American docket. When a document is selected Industrial Classification System from the index list in EPA Dockets, the Director, Special Review and Reregistration (NAICS) codes have been provided to system will identify whether the Division, Office of Pesticide Programs. assist you and others in determining document is available for viewing in [FR Doc. 05–6708 Filed 4–5–05; 8:45 am] whether this action might apply to EPA’s electronic public docket. BILLING CODE 6560–50–S certain entities. If you have any Although not all docket materials may questions regarding the applicability of be available electronically, you may still this action to a particular entity, consult access any of the publicly available

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docket materials through the docket identified as the submitter of the Environmental Protection Agency, Rm. facility identified in Unit I.B.1. EPA comment and allows EPA to contact you 119, Crystal Mall #2, 1801 S. Bell St., intends to work towards providing in case EPA cannot read your comment Arlington, VA, Attention: Docket ID electronic access to all of the publicly due to technical difficulties or needs Number OPP–2005–0059. Such available docket materials through further information on the substance of deliveries are only accepted during the EPA’s electronic public docket. your comment. EPA’s policy is that EPA docket’s normal hours of operation as For public commenters, it is will not edit your comment, and any identified in Unit I.B.1. important to note that EPA’s policy is identifying or contact information that public comments, whether provided in the body of a comment will D. How Should I Submit CBI to the submitted electronically or in paper, be included as part of the comment that Agency? will be made available for public is placed in the official public docket, Do not submit information that you viewing in EPA’s electronic public and made available in EPA’s electronic consider to be CBI electronically docket as EPA receives them and public docket. If EPA cannot read your through EPA’s electronic public docket without change, unless the comment comment due to technical difficulties or by e-mail. You may claim contains copyrighted material, CBI, or and cannot contact you for clarification, information that you submit to EPA as other information whose disclosure is EPA may not be able to consider your CBI by marking any part or all of that restricted by statute. When EPA comment. information as CBI (if you submit CBI identifies a comment containing i. EPA Dockets. Your use of EPA’s on disk or CD ROM, mark the outside copyrighted material, EPA will provide electronic public docket to submit of the disk or CD ROM as CBI and then a reference to that material in the comments to EPA electronically is identify electronically within the disk or version of the comment that is placed in EPA’s preferred method for receiving CD ROM the specific information that is EPA’s electronic public docket. The comments. Go directly to EPA Dockets CBI). Information so marked will not be entire printed comment, including the at http://www.epa.gov/edocket/, and disclosed except in accordance with copyrighted material, will be available follow the online instructions for procedures set forth in 40 CFR part 2. in the public docket. submitting comments. Once in the In addition to one complete version of Public comments submitted on system, select ‘‘search,’’ and then key in the comment that includes any computer disks that are mailed or docket ID number OPP–2005–0059. The information claimed as CBI, a copy of delivered to the docket will be system is an ‘‘anonymous access’’ the comment that does not contain the transferred to EPA’s electronic public system, which means EPA will not information claimed as CBI must be docket. Public comments that are know your identity, e-mail address, or submitted for inclusion in the public mailed or delivered to the Docket will other contact information unless you docket and EPA’s electronic public be scanned and placed in EPA’s provide it in the body of your comment. docket. If you submit the copy that does electronic public docket. Where ii. E-mail. Comments may be sent by not contain CBI on disk or CD ROM, practical, physical objects will be e-mail to [email protected], mark the outside of the disk or CD ROM photographed, and the photograph will Attention: Docket ID Number OPP– clearly that it does not contain CBI. be placed in EPA’s electronic public 2005–0059. In contrast to EPA’s Information not marked as CBI will be docket along with a brief description electronic public docket, EPA’s e-mail included in the public docket and EPA’s written by the docket staff. system is not an ‘‘anonymous access’’ electronic public docket without prior system. If you send an e-mail comment C. How and to Whom Do I Submit notice. If you have any questions about directly to the docket without going Comments? CBI or the procedures for claiming CBI, through EPA’s electronic public docket, please consult the person listed under You may submit comments EPA’s e-mail system automatically FOR FURTHER INFORMATION CONTACT. electronically, by mail, or through hand captures your e-mail address. E-mail delivery/courier. To ensure proper addresses that are automatically E. What Should I Consider as I Prepare receipt by EPA, identify the appropriate captured by EPA’s e-mail system are My Comments for EPA? docket ID number in the subject line on included as part of the comment that is You may find the following the first page of your comment. Please placed in the official public docket, and suggestions helpful for preparing your ensure that your comments are made available in EPA’s electronic comments: submitted within the specified comment public docket. 1. Explain your views as clearly as period. Comments received after the iii. Disk or CD ROM. You may submit possible. close of the comment period will be comments on a disk or CD ROM that 2. Describe any assumptions that you marked ‘‘late.’’ EPA is not required to you mail to the mailing address used. consider these late comments. If you identified in Unit I.C.2. These electronic 3. Provide copies of any technical wish to submit CBI or information that submissions will be accepted in information and/or data you used that is otherwise protected by statute, please WordPerfect or ASCII file format. Avoid support your views. follow the instructions in Unit I.D. Do the use of special characters and any 4. If you estimate potential burden or not use EPA Dockets or e-mail to submit form of encryption. costs, explain how you arrived at the CBI or information protected by statute. 2. By mail. Send your comments to: estimate that you provide. 1. Electronically. If you submit an Public Information and Records 5. Provide specific examples to electronic comment as prescribed in this Integrity Branch (PIRIB) (7502C), Office illustrate your concerns. unit, EPA recommends that you include of Pesticide Programs (OPP), 6. Offer alternative ways to improve your name, mailing address, and an e- Environmental Protection Agency, 1200 the registration activity. mail address or other contact Pennsylvania Ave., NW., Washington, 7. Make sure to submit your information in the body of your DC 20460–0001, Attention: Docket ID comments by the deadline in this comment. Also include this contact Number OPP–2005–0059. notice. information on the outside of any disk 3. By hand delivery or courier. Deliver 8. To ensure proper receipt by EPA, or CD ROM you submit, and in any your comments to: Public Information be sure to identify the docket ID number cover letter accompanying the disk or and Records Integrity Branch (PIRIB), assigned to this action in the subject CD ROM. This ensures that you can be Office of Pesticide Programs (OPP), line on the first page of your response.

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You may also provide the name, date, conditions are described in the TME located in EPA Docket Center, is (202) and Federal Register citation. application and in this notice. 566–0280. 2. Electronic access. You may access II. Registration Applications DATES: Approval of this TME is effective March 24, 2005. this Federal Register document EPA received applications as follows electronically through the EPA Internet FOR FURTHER INFORMATION CONTACT: For to register pesticide products containing under the ‘‘Federal Register’’ listings at general information contact: Colby active ingredients not included in any http://www.epa.gov/fedrgstr/. previously registered products pursuant Lintner, Regulatory Coordinator, Environmental Assistance Division An electronic version of the public to the provision of section 3(c)(4) of docket is available through EPA’s FIFRA. Notice of receipt of these (7408M), Office of Pollution Prevention and Toxics, Environmental Protection electronic public docket and comment applications does not imply a decision system, EPA Dockets. You may use EPA by the Agency on the applications. Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone Dockets at http://www.epa.gov/edocket/ Products Containing Active Ingredients number: (202) 554–1404; e-mail address: to submit or view public comments, not Included in any Previously [email protected]. access the index listing of the contents of the official public docket, and to Registered Products For technical information contact: access those documents in the public Virginia Lee, Chemical Control Division 1. File Symbol: 80224–R. Applicant: docket that are available electronically. (7405M), Office of Pollution Prevention Innolytics, LLC, P.O. Box 675935, Although, not all docket materials may and Toxics, Environmental Protection Rancho Santa Fe, CA 92067. Product be available electronically, you may still Agency, 1200 Pennsylvania Ave., NW., name: LLC/Ovocontrol-P. Active access any of the publicly available Washington, DC 20460–0001; telephone ingredient: Nicarbazin. Proposed docket materials through the docket number: (202) 564–0883; e-mail address: classification/Use: None. Control facility identified in Unit I.B.1. Once in [email protected]. hatchability of feral pigeon eggs. the system, select ‘‘search,’’ then key in 2. File Symbol: 80224–E. Applicant: SUPPLEMENTARY INFORMATION: the appropriate docket ID number. Innolytics, LLC, P.O. Box 675935, Rancho Santa Fe, CA 92067. Product I. General Information II. What is the Agency’s Authority for name: Nicarbazin 30% Granulated A. Does this Action Apply to Me? Taking this Action? Premix. Active ingredient: Nicarbazin. This action is directed in particular to Section 5(h)(1) of TSCA and 40 CFR Proposed classification/Use: None. 720.38 authorizes EPA to exempt Manufacturing-use product for the chemical manufacturer and/or importer who submitted the TME to persons from premanufacture formulation into end-use products to notification (PMN) requirements and control the hatchability of resident EPA. This action may, however, be of interest to the public in general. Since permit them to manufacture or import Canada geese and feral pigeon eggs. new chemical substances for test 3. File Symbol: 80224–G. Applicant: other entities may also be interested, the marketing purposes, if the Agency finds Innolytics, LLC. Product name: LLC/ Agency has not attempted to describe all that the manufacture, processing, Ovocontrol-G. Active ingredient: the specific entities that may be affected distribution in commerce, use, and Nicarbazin. Proposed classification/Use: by this action. If you have any questions disposal of the substances for test None. Control hatchability of resident regarding the applicability of this action marketing purposes will not present an Canada geese eggs. to a particular entity, consult the technical person listed under FOR unreasonable risk of injury to health or List of Subjects FURTHER INFORMATION CONTACT. the environment. EPA may impose Environmental protection, Pesticides restrictions on test marketing activities B. How Can I Get Copies of this and pest. and may modify or revoke a test Document and Other Related marketing exemption upon receipt of Dated: March 21, 2005. Information? new information which casts significant Betty Shackleford, 1. Docket. EPA has established an doubt on its finding that the test Acting Director, Registration Division, Office official public docket for this action marketing activity will not present an of Pesticide Programs. under docket identification (ID) number unreasonable risk of injury. [FR Doc. 05–6629 Filed 4–5–05; 8:45am] OPPT–2005–0017. The official public III. What Action is the Agency Taking? BILLING CODE 6560–50–S docket consists of the documents specifically referenced in this action, EPA approves the above-referenced any public comments received, and TME. EPA has determined that test ENVIRONMENTAL PROTECTION marketing the new chemical substance, AGENCY other information related to this action. Although a part of the official docket, under the conditions set out in the TME [OPPT–2005–0017; FRL–7707–4] the public docket does not include application and in this notice, will not Confidential Business Information (CBI) present any unreasonable risk of injury Approval of Test Marketing Exemption or other information whose disclosure is to health or the environment. for a Certain New Chemical restricted by statute. The official public IV. What Restrictions Apply to this AGENCY: Environmental Protection docket is the collection of materials that TME? is available for public viewing at the Agency (EPA). The test market time period, ACTION: Notice. EPA Docket Center, Rm. B102–Reading Room, EPA West, 1301 Constitution production volume, number of SUMMARY: This notice announces EPA’s Ave., NW., Washington, DC. The EPA customers, and use must not exceed approval of an application for test Docket Center is open from 8:30 a.m. to specifications in the application and marketing exemption (TME) under 4:30 p.m., Monday through Friday, this notice. All other conditions and section 5(h)(1) of the Toxic Substances excluding legal holidays. EPA Docket restrictions described in the application Control Act (TSCA) and 40 CFR 720.38. Center Reading Room telephone number and in this notice must also be met. EPA has designated this application as is (202) 566–1744 and the telephone TME–05–0001 TME–05–0001. The test marketing number for the OPPT Docket, which is Date of receipt: February 7, 2005.

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Notice of receipt: March 14, 2005, (70 FEDERAL COMMUNICATIONS Type of Review: Extension of a FR 12478) (FRL–7704–9). COMMISSION currently approved collection. Applicant: PPG Industries, Inc.. Respondents: Business or other for Chemical: Alkanediocic acid, Notice of Public Information profit and state, local or tribal polymer with 1,3,5-tris(substituted Collection(s) Being Reviewed by the government. alkyl)-1,3,5-triazine-2,4,6(1H,3H,5H)- Federal Communications Commission Number of Respondents: 53. trione, alkanotate (ester) 3-substituted-2- for Extension Under Delegated Estimated Time Per Response: 50–85 (substituted alkyl)-2-alkanoate (ester). Authority hours. Use: Component of an automotive Frequency of Response: On occasion refinish direct-gloss topcoat. March 25, 2005. reporting requirement and third party Production volume: 5,000 kilogram/ SUMMARY: The Federal Communications disclosure requirement. year (kg/yr). Commission, as part of its continuing Total Annual Burden: 3,380 hours. Number of customers: 50. effort to reduce paperwork burden Annual Cost Burden: $12,000. Test marketing period: 365 days, invites the general public and other Privacy Act Impact Assessment: N/A. commencing on first day of commercial Federal agencies to take this Needs and Uses: In the manufacture. opportunity to comment on the Communications Act of 1934, as The following additional restrictions following information collection(s), as amended by the Telecommunications apply to this TME. A bill of lading required by the Paperwork Reduction Act of 1996, the Federal accompanying each shipment must state Act of 1995, Public Law 104–13. An Communications Commission that the use of the substance is restricted agency may not conduct or sponsor a (‘‘Commission’’) was given ‘‘exclusive to that approved in the TME. In collection of information unless it jurisdiction over those portions of the addition, the applicant shall maintain displays a currently valid control North American Numbering Plan the following records until 5 years after number. No person shall be subject to (NANP) that pertains to the United the date they are created, and shall any penalty for failing to comply with States.’’ In order for price cap local make them available for inspection or a collection of information subject to the exchange carriers (LECs) to qualify for copying in accordance with section 11 Paperwork Reduction Act (PRA) that exogenous adjustment to access charges of TSCA: does not display a valid control number. established under the federal cost 1. Records of the quantity of the TME Comments are requested concerning (a) recovery mechanism, they must substance produced and the date of whether the proposed collection of demonstrate that pooling results in a net manufacture. information is necessary for the proper cost increase rather than a cost 2. Records of dates of the shipments performance of the functions of the reduction. Applications to state to each customer and the quantities Commission, including whether the commissions from carriers must supplied in each shipment. information shall have practical utility; demonstrate that certain requirements 3. Copies of the bill of lading that (b) the accuracy of the Commission’s are met before states grant any use of the accompanies each shipment of the TME burden estimate; (c) ways to enhance safety valve mechanism. State substance. the quality, utility, and clarity of the commissions seeking to implement V. What was EPA’s risk assessment for information collected; and (d) ways to service-specific and/or technology- this TME? minimize the burden of the collection of specific area code overlays, must request delegated authority to do so. EPA identified no significant health information on the respondents, including the use of automated OMB Control No.: 3060–1012. or environmental concerns for the test Title: Schools and Libraries Universal market substance. Therefore, the test collection techniques or other forms of information technology. Service Support Mechanism, CC Docket market activities will not present any No. 02–6, Notice of Proposed DATES: unreasonable risk of injury to human Persons wishing to comment on Rulemaking (NPRM), Proposed health or the environment. this information collection should Americans with Disabilities Act (ADA) submit comments June 6, 2005. If you Certification. VI. Can EPA Change Its Decision on this anticipate that you will be submitting TME in the Future? Form No.: N/A. comments, but find it difficult to do so Type of Review: Extension of a Yes. The Agency reserves the right to within the period of time allowed by currently approved collection. rescind approval or modify the this notice, you should advise the Respondents: Business or other for conditions and restrictions of an contact listed below as soon as possible. profit and not-for-profit institutions. exemption should any new information ADDRESSES: Direct all Paperwork Number of Respondents: 30,000. that comes to its attention cast Reduction Act (PRA) comments to Estimated Time Per Response: 2.5 significant doubt on its finding, that the Judith B. Herman, Federal minutes (0.4 hours). test marketing activities will not present Communications Commission, 445 12th Frequency of Response: On occasion any unreasonable risk of injury to Street, SW., Room 1–C804, Washington, reporting requirement and third party human health or the environment. DC 20554 or via the internet to Judith- disclosure requirement. List of Subjects [email protected]. Total Annual Burden: 1,200 hours. Annual Cost Burden: N/A. FOR FURTHER INFORMATION CONTACT: For Environmental protection, Test Privacy Act Impact Assessment: N/A. additional information or copies of the marketing exemptions. Needs and Uses: The Commission is information collections contact Judith B. seeking an extension (no change) to this Dated: March 24, 2005. Herman at 202–418–0214 or via the OMB-approved information collection. internet at [email protected]. Miriam Wiggins-Lewis, After the 60-day comment period, the Acting Chief, New Chemicals Prenotice SUPPLEMENTARY INFORMATION: Commission will submit this Management Branch, Office of Pollution OMB Control No.: 3060–1005. information collection to OMB in order Prevention and Toxics. Title: Numbering Resource to obtain the full three-year clearance [FR Doc. 05–6628 Filed 4–5–05 8:45 am] Optimization—Phase 3. from them. The NPRM solicited BILLING CODE 6560–50–S Form No.: N/A. comment on whether the Commission

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should require applicants to certify that number. No person shall be subject to eliminate the need to request the services for which they seek any penalty for failing to comply with duplicative information already on file discounts will be used in compliance a collection of information subject to the with the Commission; (c) requires that with the Americans with Disabilities Paperwork Reduction Act (PRA) that all information is filed electronically. Act and related statutes. The current does not display a valid control number. The Commission has developed an on- FCC Form 471, on which entities apply Comments are requested concerning (a) line interactive format to help filers; and for universal service discounts, contains whether the proposed collection of (d) integrated with other Commission the following notice: ‘‘The Americans information is necessary for the proper forms that collect similar information. with Disabilities Act (ADA, the performance of the functions of the Filers that previously have filed individuals with Disabilities Education Commission, including whether the information with the Commission will Act and the Rehabilitation Act may information shall have practical utility; have the information automatically impose obligations on entities to make (b) the accuracy of the Commission’s entered into the revised FCC Form 175. the services purchased with these burden estimate; (c) ways to enhance If necessary, filers can make changes to discounts accessible to and usable by the quality, utility, and clarity of the that information in the FCC Form 175. people with disabilities.’’ information collected; and (d) ways to Federal Communications Commission. The Commission does not, however, minimize the burden of the collection of Marlene H. Dortch, explicitly require compliance with these information on the respondents, Secretary. statutory requirements as a condition of including the use of automated receipt of universal service discounts. If collection techniques or other forms of [FR Doc. 05–6808 Filed 4–5–05; 8:45 am] this proposal is adopted and used with information technology. BILLING CODE 6712–01–P an existing form, e.g., FCC Form 486, DATES: Written Paperwork Reduction the requirement will be consolidated Act (PRA) comments should be into the form. The NPRM also solicited FEDERAL COMMUNICATIONS submitted on or before May 6, 2005. If COMMISSION comment on whether the Commission you anticipate that you will be should establish a computerized list submitting comments, but find it accessible on-line, whereby applicants Notice of Public Information difficult to do so within the period of could select specific product or service Collection(s) Being Reviewed by the time allowed by this notice, you should as part of their FCC Form 471 Federal Communications Commission, advise the contact listed below as soon applications. This proposal is made Comments Requested as possible. pursuant to a Government ADDRESSES: Direct all comments March 30, 2005. Accountability Office (GAO) SUMMARY: The Federal Communications recommendation that the Administrator regarding this Paperwork Reduction Act submission to Judith B. Herman, Federal Commission, as part of its continuing implement stronger measures to ensure effort to reduce paperwork burden that applicants receive funding only for Communications Commission, Room 1– C804, 445 12th Street, SW., DC 20554 or invites the general public and other eligible services. One possible approach Federal agencies to take this suggested is the establishment of a via the Internet to Judith- [email protected]. opportunity to comment on the computerized list displaying only following information collection(s), as eligible products and services. If this FOR FURTHER INFORMATION CONTACT: For required by the Paperwork Reduction proposal is adopted, it will be additional information or copies of the Act (PRA) of 1995, Public Law 104–13. consolidated with FCC Form 471 information collection(s), contact Judith An agency may not conduct or sponsor requirements currently approved under B. Herman at 202–418–0214 or via the a collection of information unless it OMB Control Number 3060–0806. Internet at [email protected]. displays a currently valid control Federal Communications Commission. SUPPLEMENTARY INFORMATION: OMB number. No person shall be subject to Marlene H. Dortch, Control No.: 3060–0600. any penalty for failing to comply with Secretary. Title: Application to Participate in an a collection of information subject to the [FR Doc. 05–6562 Filed 4–5–05; 8:45 am] FCC Auction. Paperwork Reduction Act that does not Form No: FCC Form 175. BILLING CODE 6712–01–P display a valid control number. Type of Review: Revision of a Comments are requested concerning (a) currently approved collection. whether the proposed collection of Respondents: Business or other for- FEDERAL COMMUNICATIONS information is necessary for the proper profit, not-for-profit institutions, and COMMISSION performance of the functions of the state, local or tribal government. Commission, including whether the Notice of Public Information Number of Respondents: 500. Estimated Time Per Response: 1.5 information shall have practical utility; Collection(s) Being Reviewed by the (b) the accuracy of the Commission’s Federal Communications Commission hours. Frequency of Response: On occasion burden estimate; (c) ways to enhance March 28, 2005. reporting requirements. the quality, utility, and clarity of the SUMMARY: The Federal Communications Total Annual Burden: 750 hours. information collected; and (d) ways to Commission, as part of its continuing Total Annual Cost: N/A. minimize the burden of the collection of effort to reduce paperwork burden Privacy Act Impact Assessment: N/A. information on the respondents, invites the general public and other Needs and Uses: The Commission has including the use of automated Federal agencies to take this revised the FCC Form 175 to: (a) collection techniques or other forms of opportunity to comment on the Clarifies the information being information technology. following information collection(s), as collected, limit the information DATES: Written Paperwork Reduction required by the Paperwork Reduction collected from any particular party to Act (PRA) comments should be Act of 1995, Public Law 104–13. An only essential information. The submitted on or before June 6, 2005. If agency may not conduct or sponsor a Commission has standardized certain you anticipate that you will be collection of information unless it data elements that previous filers submitting comments, but find it displays a currently valid control submitted in free-form attachments; (b) difficult to do so within the period of

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time allowed by this notice, you should whether these activities result in undue both the nature and specific amount of advise the contact listed below as soon or unreasonable increases in charges. these carrier-specific costs that are as possible. OMB Control No.: 3060–0742. directly related to number portability, ADDRESSES: Direct all Paperwork Title: Telephone Number Portability and those carrier-specific costs that are Reduction Act (PRA) comments to (47 CFR Part 52, Subpart C, §§ 52.21— not directly related to number Judith B. Herman, Federal 52.33) and CC Docket No. 95–116. portability. Communications Commission, Room 1– Form No.: N/A. OMB Control No.: 3060–0678. C804, 445 12th Street, SW., Washington, Type of Review: Revision of a Title: Part 25 of the Commission’s DC 20554 or via the Internet to Judith- currently approved collection. Rules Governing the Licensing of, and [email protected]. Respondents: Business or other for- Spectrum Usage by, Satellite Network profit. FOR FURTHER INFORMATION CONTACT: For Earth Stations and Space Stations. additional information or copies of the Number of Respondents: 1,960. information collection(s), contact Judith Estimated Time Per Response: 85 Form No.: FCC Form 312, Schedule S. B. Herman at (202) 418–0214 or via the hours. Type of Review: Revision of a Internet at [email protected]. Frequency of Response: On occasion, currently approved collection. SUPPLEMENTARY INFORMATION: annual, and one-time reporting Respondents: Business or other for- OMB Control No.: 3060–0169. requirements, recordkeeping profit. requirement and third party disclosure Title: Sections 43.51 and 43.53— Number of Respondents: 3,001. Reports and Records of requirement. Estimated Time Per Response: 11 Communications Common Carriers and Total Annual Burden: 14,333 hours. hours. Affiliates. Total Annual Cost: $84,000. Form No.: N/A. Privacy Act Impact Assessment: N/A. Frequency of Response: On occasion, Type of Review: Extension of a Needs and Uses: Title 47 of the CFR, annual, and other reporting currently approved collection. Part 52, Subpart C implements the requirements and third party disclosure Respondents: Business or other for- statutory requirements that local requirement. profit. exchange carriers (LECs) and Total Annual Burden: 41,279 hours. Commercial Mobile Radio Service Number of Respondents: 71 Total Annual Cost: $531,874,875. respondents; 374 responses. (CMRS) providers are to provide local Estimated Time Per Response: 85 number portability (LNP). This Privacy Act Impact Assessment: N/A. hours. collection is being revised to include Needs and Uses: On March 10, 2005, Frequency of Response: On occasion implementation of wireless carriers the Commission adopted a Fifth Report and annual reporting requirements, providing LNP. Wireline carriers began and Order and Order in IB Docket No. recordkeeping requirement and third providing LNP in 1998. In a 00–248, FCC 05–63. The Fifth Report party disclosure requirement. Memorandum Opinion and Order, FCC and Order adopts streamlined Total Annual Burden: 6,029 hours. 02–215, CC Docket No. 95–116, the procedures for non-routine earth station Total Annual Cost: N/A. Commission extended the deadline for applications. For applications to use Privacy Act Impact Assessment: N/A. CMRS providers to offer LNP. Long-term smaller-than-routine antennas, the Needs and Uses: Sections 211 and 215 number portability must be provided by Commission gives earth station of the Communications Act of 1934, as LECs and CMRS providers in switches applicants a choice of two procedures: amended, requires that the FCC examine for which another carrier has made a (1) Providing certifications that the transactions of any common carriers specific request for number portability, proposed earth station has been relating to the activities of that carrier according to the Commission’s coordinated with adjacent satellite which may affect the charges and/or deployment schedule. Carriers that are operators; and (2) showing that the earth services rendered under the Act. The unable to meet the deadlines for station operator will reduce its power reports required by Sections 43.51 and implementing a long-term number sufficiently to compensate for the higher 43.53 are the means by which the FCC portability solution are required to file gain levels of the smaller antenna. For gathers information concerning the a petition (to extend the time by which applications to use high-than-routine activities of carriers which it examines. implementation in its network will be power levels, the Commission allows Section 43.51 also requires carriers to completed) with the Commission at earth station applicants to use the maintain copies of certain contracts, to least 60 days advance of the deadline. certification procedure discussed above. have them readily accessible to Incumbent LECs must recover their This collection of information will Commission staff and members of the carrier-specific costs directly related to enable the Commission to license non- public upon request and to forward providing long-term number portability routine earth stations faster, and thus, individual contracts to the Commission by establishing in tariffs filed with the encourage deployment of broadband as requested. Commission certain number of internet access, while also carrying out The Commission is requesting an portability charges. Incumbent LECs are its duties as required by the extension (no change in requirements) required to include many details in this Communications Act. in order to obtain the full three-year cost support that are unique to the After this 60 day comment period is clearance from OMB. As soon as the 60 number portability proceeding pursuant completed, the Commission will submit day comment period is completed, the to the Cost Classification Order. For this information collection to the Office Commission will submit this collection instance, incumbent LECs must of Management and Budget (OMB) for to the Office of Management and Budget demonstrate that any incremental review and approval. (OMB) for review and approval. overhead costs claimed in their cost The information contained in these support are actually new costs Federal Communications Commission. reports is used by the FCC to determine incremental to and resulting from the Marlene H. Dortch, whether the activities reported have provision of long-term number Secretary. affected or are likely to affect adversely portability. Incumbent LECs are [FR Doc. 05–6809 Filed 4–5–05; 8:45 am] the carrier’s service to the public or required to maintain records that detail BILLING CODE 6712–01–P

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FEDERAL COMMUNICATIONS Respondents: Business or other for- FOR FURTHER INFORMATION CONTACT: COMMISSION profit entities. Dana Jackson, Federal Communications Number of Respondents: 1,268. Commission, 445 12th Street, SW., Notice of Public Information Estimated Time per Response: 9.86 Washington DC, 20554, (202) 418–2247 Collection(s) Being Reviewed by the hours. or via the Internet at Federal Communications Commission Frequency of Response: On occasion [email protected]. reporting requirements; Third party March 31, 2005. SUPPLEMENTARY INFORMATION: disclosure requirement. SUMMARY: The Federal Communications OMB Control No.: 3060–0833. Total Annual Burden: 25,000 hours. Commission, as part of its continuing OMB Approval date: 3/25/2005. Total Annual Cost: $272,000. effort to reduce paperwork burden Expiration Date: 3/31/2008. Privacy Impact Assessment: No. invites the general public and other Title: Implementation of Section 255 Federal agencies to take this Needs and Uses: 47 CFR 68.224— of the Telecommunications Act of 1996; opportunity to comment on the Notice of non-hearing aid compatibility. Complaint Filings/Designation of following information collection(s), as Every non-hearing aid compatible Agents. required by the Paperwork Reduction telephone offered for sale to the public Form No.: N/A. Act (PRA) of 1995, Public Law 104–13. on or after August 17, 1989, whether Estimated Annual Burden: 11,827 An agency may not conduct or sponsor previously-registered, newly registered responses; 0.5–5 hours average per a collection of information unless it or refurbished shall (a) contain in a response. displays a currently valid control conspicuous location on the surface of Needs and Uses: This information number. No person shall be subject to its packaging a statement that the collection includes rules governing the any penalty for failing to comply with telephone is not hearing aid compatible, filing of complaints as part of the a collection of information subject to the or if offered for sale without a implementation of section 255 of the Paperwork Reduction Act that does not surrounding package, shall be affixed Telecommunications Act of 1996, which display a valid control number. with a written statement that the seeks to ensure that telecommunications Comments are requested concerning (a) telephone is not hearing aid compatible; equipment and services are available to whether the proposed collection of and (b) be accompanied by instructions. all Americans, including those information is necessary for the proper 47 CFR 68.300—Labeling individuals with disabilities. In performance of the functions of the requirements. As of April 1, 1997, all particular, telecommunications service Commission, including whether the registered telephones, including providers and equipment manufacturers information shall have practical utility; cordless telephones, manufactured in are asked for a one-time designation of (b) the accuracy of the Commission’s the United States (other than for export) an agent who will receive and promptly burden estimate; (c) ways to enhance or imported for use in the United States, handle voluntary consumer complaints the quality, utility, and clarity of the that are hearing aid compatible (HAC) of accessibility concerns. As with any information collected; and (d) ways to shall have the letters ‘‘HAC’’ complaint procedure, a certain number minimize the burden of the collection of permanently affixed. The information of regulatory and information burdens information on the respondents, collections for both rules include third are necessary to ensure compliance with including the use of automated party disclosure and labeling FCC rules. collection techniques or other forms of requirements. The information is used OMB Control No.: 3060–1043. information technology. primarily to inform consumers who OMB Approval date: 3/11/2005. purchase and/or use telephone Expiration Date: 3/31/2008. DATES: Written Paperwork Reduction equipment to determine whether the Title: Telecommunication Relay Act (PRA) comments should be telephone is hearing aid compatible. Services and Speech-to-Speech Services submitted on or before June 6, 2005. If for Individual with Hearing and Speech you anticipate that you will be Federal Communications Commission. Disabilities, (Report and Order, Order submitting comments, but find it Marlene H. Dortch, on Reconsideration), FCC 04–137. difficult to do so within the period of Secretary. Form No.: N/A. time allowed by this notice, you should [FR Doc. 05–6810 Filed 4–5–05; 8:45 am] Estimated Annual Burden: 7 advise the contact listed below as soon BILLING CODE 6712–01–P responses; 70 total annual burden hours; as possible. 10 hours average per response. ADDRESSES: Direct all Paperwork Needs and Uses: On June 30, 2004, Reduction Act (PRA) comments to Les FEDERAL COMMUNICATIONS COMMISSION the Commission released the Report and Smith, Federal Communications Order, Order on Reconsideration, Commission, Room 1–A804, 445 12th Public Information Collections (Report and Order) In the Matter of Street, SW., Washington, DC 20554 or Approved by Office of Management Telecommunication Relay Services and via the Internet to [email protected]. and Budget Speech-to-Speech Services for FOR FURTHER INFORMATION CONTACT: For Individuals with Hearing and Speech additional information or copies of the April 1, 2005. Disabilities, CC Docket No. 98–67 and information collection(s), contact Les SUMMARY: The Federal Communications CC Docket No. 90–571, FCC 04–137. In Smith at (202) 418–0217 or via the Commission (FCC) has received Office the Report and Order, the Commission Internet at [email protected]. of Management and Budget (OMB) grants Video Relay Service (VRS) waiver SUPPLEMENTARY INFORMATION: approval for the following public requests of the following OMB Control Number: 3060–0687. information collections pursuant to the Telecommunications Relay Services Title: Access to Telecommunications Paperwork Reduction Act of 1995, (TRS) mandatory minimum Equipment and Services by Person with Public Law 104–13. An agency may not requirements: (1) 47 CFR 64.604(a)(3) Disabilities. conduct or sponsor and a person is not types of calls that must be handled; (2) Form Number: N/A. required to respond to a collection of 47 CFR 64.604(a)(3)(iv) pay-per-call Type of Review: Extension of a information unless it displays a services; (3) 47 CFR 64.604(a)(4) currently approved collection currently valid control number. emergency call handling; (4) 47 CFR

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64.604(b)(2) speed of answer; and (5) 47 SUMMARY: This document establishes (2002), Communications Vending CFR 64.604(b)(3) equal access to final procedures for resolving End User Corporation of Arizona, Inc., et al., v. interexchange carriers. These waivers Common Line (EUCL) informal FCC, et al., 365 F.3d 1064 (D.C.Cir. are granted provided that VRS providers complaints. The Commission’s actions 2004). Accordingly, the EUCL submit an annual report to the are necessary in order to resolve several Procedures Order informs all remaining Commission, in a narrative form, hundred longstanding informal informal complainants that they must detailing: (1) The provider’s plan or complaints previously filed by initiate final resolution of their claims general approach to meet the waived payphone providers against local within the next few months. standards; (2) any additional costs that exchange carriers (LEC). The intended Specifically, each payphone provider would be required to meet the effect of the EUCL Procedures Order is who previously filed a EUCL informal standards; (3) the development of any to notify EUCL informal complainants complaint and who still wishes to new technology that may affect the that, if they intend to pursue their pursue its claims, must now take the particular waivers; (4) the progress claims and collect damages, they must following actions: (1) notify the made by the provider to meet the follow a number of specific procedures Commission by Friday, April 22, 2005, standards; (5) the specific steps taken to between Friday, April 22, 2005 and of its intent to pursue its claim by resolve any technical problems that Friday, September 9, 2005, or risk losing inputting notification data into the prohibit the provider from meeting the the right to pursue certain claims. All Commission’s Web site at http:// standards; and (6) any other factors informal complainants are strongly www.fcc.gov/eb/eucl, click on the relevant to whether the waivers should encouraged to read closely the EUCL Complainant Notification Form, or continue in effect. Further, as requested Procedures Order. notice of intent to proceed may be made by the parties and for administrative DATES: EUCL informal complainants by sending the information set forth in convenience, VRS providers may must file their Notices of Intent to Paragraph 8 of the EUCL Procedures combine the reporting requirement Convert by Friday, April 22, 2005, if Order by certified mail (postmarked no established in the Report and Order they wish to pursue their claims via the later than April 22, 2005) to: EB/MDRD, with existing VRS/IP Relay reporting Commission’s formal complaint process. Federal Communications Commission, requirements, which are scheduled to be The final deadline for actual conversion 445 12th Street, SW., Room 4–C366, submitted annually on April 16th of of informal complaints to formal Washington, DC 20554, Attention: EUCL each year pursuant to the IP Relay Order complaints is extended to Friday, Notice; (2) make a good faith effort to on Reconsideration and Second September 9, 2005, for those complaints settle its claim against the LEC prior to Improved TRS Order & NPRM. In the for which a Notice of Intent to File is filing a formal complaint; and, (3) if Order on Reconsideration, the filed by Friday, April 22, 2005. settlement efforts are unsuccessful, file Commission affirms, except as ADDRESSES: Submit electronic a formal complaint by Friday, otherwise specifically provided therein, notification of intent to pursue existing September 9, 2005, in accordance with the cost recovery methodology for VRS informal complaints at the following the streamlined procedures described in established in the June 30, 2003, Bureau Web address: http://www.fcc.gov/eb/ the EUCL Procedures Order. TRS Order. The Commission adjusts the eucl, click on the Complainant The EUCL Procedures Order may have VRS compensation rate to a per-minute Notification Form. Alternatively, notice a further impact on a complainant’s compensation rate of $8.854. of intent to proceed may be made by right to recover damages. All informal On June 30, 2004, the Commission certified mail (postmarked no later than complainants should read thoroughly also released a Further Notice of April 22, 2005) to: EB/MDRD, Federal the EUCL Procedures Order. If a Proposed Rulemaking, In the Matter of Communications Commission, 445 12th complainant fails to provide Notice of Telecommunication Relay Services and Street, SW., Room 4–C366, Washington, Intent to File as described herein and in Speech-to-Speech Services for DC 20554, Attention: EUCL Notice. See the EUCL Procedures Order, that Individuals with Hearing and Speech SUPPLEMENTARY INFORMATION for address complainant will not be able to pursue Disabilities, CG Docket No. 03–123, FCC and mailing instructions for all its claim further via the Commission’s 04–137, that addressed a number of converted formal complaints. formal complaint process. The outstanding issues with respect to VRS FOR FURTHER INFORMATION CONTACT: Enforcement Bureau has deferred the and IP Relay, none of which have any Sandra Gray-Fields, 202–418–7330. mandatory filing date for the conversion implications under the Paperwork SUPPLEMENTARY INFORMATION: On March of informal complaints to formal Reduction Act. 25, 2005, the Enforcement Bureau of the complaints numerous times, see, e.g., Federal Communications Commission. Federal Communications Commission Informal Complaints filed by William F. Caton, (Commission) released the EUCL Independent Payphone Service Deputy Secretary. Procedures Order establishing final Providers against Various Local procedures for resolving End User Exchange Carriers Seeking Refunds of [FR Doc. 05–6812 Filed 4–5–05; 8:45 am] Common Line (EUCL) informal End User Common Line Charges, Order, BILLING CODE 6712–01–P complaints. The critical legal issues 16 FCC Rcd 3669 (CCB 1999); Informal raised by the existing EUCL informal Complaints filed by Independent FEDERAL COMMUNICATIONS complaints have been previously and Payphone Service Providers against COMMISSION definitively addressed in consolidated Various Local Exchange Carriers formal complaint proceedings before the Seeking Refunds of End User Common Commission, see, e.g., Communications Line Charges, Order, 2004 WL 2973797, [DA 05–674] Vending Corporation of Arizona, Inc. et File Nos. IC–98–42853, et al., DA No. End User Common Line Procedures al. v. Citizens Communications 04–4022 (EB Rel. Dec. 22, 2004). The Company f/k/a Citizens Utility extension of the conversion date in the AGENCY: Federal Communications Company and Citizens EUCL Procedures Order to September 9, Commission. Telecommunications Company d/b/a 2005 is considered to be the final Citizens Telecom, et al., Memorandum extension. Formal complainants must ACTION: Notice. Opinion and Order, 17 FCC Rcd 24201 deliver the following copies of the

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newly converted formal complaint to copying in Room CY–B402, 445 12th 2005. See section 1.4(b)(1) of the the following addresses on or before Street, SW., Washington, DC or may be Commission’s rules (47 CFR 1.4(b)(1)). September 9, 2005: (a) the original copy purchased from the Commission’s copy Replies to an opposition must be filed of the newly converted formal contractor, Best Copy and Printing, Inc. within 10 days after the time for filing complaint should be delivered, along (BCPI)(1–800–378–3160). Oppositions oppositions have expired. with the requisite filing fee, to the to these petitions must be filed by April Subject: In the Matter of the Federal Communications Commission, 21, 2005. See section 1.4(b)(1) of the Procedures to Govern the Use of Enforcement, PO Box 358120, Commission’s rules (47 CFR 1.4(b)(1)). Satellite Earth Stations on Board Vessels Pittsburgh, PA 15251–5120; (b) one Replies to an opposition must be filed in the 5925–6425 MHz/3700–4200 MHz copy of the formal complaint should be within 10 days after the time for filing Bands and 14.0–14.5 GHz/11.7–12.2 delivered to Office of the Secretary, oppositions have expired. GHz Bands (IB Docket No. 02–10). Federal Communications Commission, Subject: Number of Petitions Filed: 5. 445 12th Street SW., Room TW–204(B), In the Matter of Improving Public Safety Subject: In the Matter of Facilitating Washington, DC 20554; and, (c) two Communications in the 800 MHz the Provision of Spectrum-Based copies of the formal complaint should Band (WT Docket No. 02–55); Services to Rural Areas and Promoting be delivered to Market Disputes Consolidating the 800 and 900 MHz Opportunities for Rural Telephone Resolution Division, Enforcement Industrial/Land Transportation and Companies to Provide Spectrum-Based Bureau, Federal Communications Business Pool Channels; Services (WT Docket No. 02–381); 2000 Commission, 445 12th Street SW., Room Amendment of Part 2 of the Biennial Regulatory Review Spectrum TW–204(B), Washington, DC 20554. Commission’s Rules to Allocate Aggregation Limits for Commercial The complete text of the EUCL Spectrum Below 3 GHz for Mobile Mobile Radio Services (WT Docket No. Procedures Order is available for and Fixed Services to Support the 01–14); Increasing Flexibility to inspection and copying during normal Introduction of New Advanced Promote Access to and the Efficient and business hours in the FCC Reference Wireless Services, including Third Intensive Use of Spectrum and the Information Center, Portals II, 445 12th Generation Wireless Systems (ET Widespread Deployment of Wireless Street SW., Room CY–A257, Docket No. 00–258); Services, and to Facilitate Capital Washington, DC 20554. This document Petition for Rulemaking of the Wireless Formation (WT Docket No. 03–202). may also be purchased from the Information Networks Forum Number of Petitions Filed: 2. Commission’s duplicating contractor, Concerning the Unlicensed Personal Marlene H. Dortch, Best Copy and Printing, Inc. (BCPI), Communications Service (RM–9498); Portals II, 445 12th Street, SW., Room Petition for Rulemaking of UT Starcom, Secretary. CY–B402, Washington, DC 20554, Inc., Concerning the Unlicensed [FR Doc. 05–6815 Filed 4–5–05; 8:45 am] telephone 202–863–2893, facsimile Personal Communications Service BILLING CODE 6712–01–M 202–863–2898, or via e-mail at http:// (RM–10024); www.bcpiweb.com. An electronic copy Amendment of Section 2.106 of the of the EUCL Procedures Order is also Commission’s Rules to Allocate FEDERAL MARITIME COMMISSION available at http://www.fcc.gov/eb/ Spectrum at 2 GHz for use by the mdrd/Items.html. Mobile Satellite Service (ET Docket Notice of Agreements Filed No. 95–18) The Commission will not send a copy The Commission hereby gives notice of this Order pursuant to the Number of Petitions Filed: 6. of the filing of the following agreements Congressional Review Act, see 5 U.S.C. Marlene H. Dortch, under the Shipping Act of 1984. 801 (a)(1)(A), because there are no new Secretary. Interested parties may obtain copies of rules attached to the Notice and the agreements by contacting the Order simply responds to informal [FR Doc. 05–6807 Filed 4–5–05; 8:45 am] BILLING CODE 6712–01–M Commission’s Office of Agreements at complaints previously filed by parties to 202–523–5793 or via e-mail at this particular Commission proceeding. [email protected]. Interested Federal Communications Commission. FEDERAL COMMUNICATIONS parties may submit comments on an Christopher N. Olsen, COMMISSION agreement to the Secretary, Federal Maritime Commission, Washington, DC Deputy Chief, Enforcement Bureau. [Report No. 2698] [FR Doc. 05–6559 Filed 4–5–05; 8:45 am] 20573, within 10 days of the date of this notice appears in the Federal Register. BILLING CODE 6712–01–P Petitions for Reconsideration and Clarification of Action in Rulemaking Agreement No.: 010955–008. Proceedings Title: ACL/H–L Reciprocal Space FEDERAL COMMUNICATIONS Charter and Sailing Agreement. COMMISSION March 28, 2005. Parties: Atlantic Container Line AB Petitions for Reconsideration and and Hapag-Lloyd Container Line GmbH. [Report No. 2697] Clarification have been filed in the Filing Party: Wayne R. Rohde, Esq., Sher & Blackwell, LLP, 1850 M Street, Petitions for Reconsideration of Action Commission’s Rulemaking proceedings NW., Suite 900, Washington, DC 20036. in Rulemaking Proceeding listed in this Public Notice and published pursuant to 47 CFR 1.429(e). Synopsis: The amendment deletes the DATE: The full text of this document is capacity rationalization authority March 23, 2005 available for viewing and copying in contained in the agreement. Petitions for Reconsideration have Room CY–B402, 445 12th Street, SW., Agreement No.: 011654–012. been filed in the Commission’s Washington, DC or may be purchased Title: Middle East Indian Rulemaking proceeding listed in this from the Commission’s copy contractor, Subcontinent Discussion Agreement. Public Notice and published pursuant to Best Copy and Printing, Inc. (BCPI) (1– Parties: American President Lines; 47 CFR 1.429(e). The full text of this 800–378–3160). Oppositions to these A.P. Moller-Maersk A/S; China document is available for viewing and petitions must be filed by April 21, Shipping Navigation Co., Ltd. d/b/a

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Indotrans; CMA CGM SA; Contship ACTION: Notice of meeting. intellectual disabilities and their Containerlines, a division of CP Ships families. (UK) Ltd.; P&O Nedlloyd Limited; The DATES: Monday, May 9, 2005, from 3 Dated: March 31, 2005. National Shipping Company of Saudi p.m. to 5 p.m. (daylight savings time). Sally Atwater, Arabia; United Arab Shipping Company The full committee meeting of the Executive Director, President’s Committee for (S.A.G.). President’s Committee for People with People with Intellectual Disabilities. Filing Party: Wayne R. Rohde, Esq., Intellectual Disabilities will be [FR Doc. 05–6800 Filed 4–5–05; 8:45 am] Sher & Blackwell, LLP, 1850 M Street, conducted by telephone conference call NW., Suite 900, Washington, DC 20036. and will be open to the public. Anyone BILLING CODE 41894–01–M Synopsis: The amendment adds The interested in participating in the China Shipping Navigation Co., Ltd. d/ conference call should advise Sally b/a Indotrans as a party to the Atwater at 202–619–0634, no later than DEPARTMENT OF HOMELAND agreement. April 25, 2005. SECURITY Agreement No.: 011728–001. ADDRESSES: While the meeting will be [DHS–2005–0027] Title: Maersk Sealand/APL conducted by telephone conference call, Mediterranean Slot Charter Agreement. if you would like to participate in the Directorate of Information Analysis Parties: A.P. Moller-Maersk A/S; call with staff, please report to the and Infrastructure Protection (IAIP); American President Lines, Ltd.; and Aerospace Center Office Building, 901 D Open Meeting of the APL Co. Pte Ltd. Street, SW., Office of Public affairs Telecommuncations Service Priority Filing Party: Wayne R. Rohde, Esq., Conference Room, 7th Floor West, System Oversight Committee (TSP OC) Sher & Blackwell, LLP, 1850 M Street, Washington, DC no later than 2:45 p.m. AGENCY: Directorate of Information NW., Washington, DC 20036. (daylight savings time). Please bear in Analysis and Infrastructure Protection, Synopsis: The agreement revises the mind that space is limited. DHS. name of Maersk Sealand. The toll free number is: 1–800–857– ACTION: Notice of meeting. Agreement No.: 011786–005. 9091, Passcode: May 2005 Quarterly Title: Zim/Great Western Agreement. Meeting. Individuals with disabilities SUMMARY: The Telecommunications Parties: Zim Integrated Shipping who need accommodations in order to Service Priority System Oversight Services, Ltd. and Great Western participate in the call (i.e., TTY, Committee (TSP OC) will meet on Steamship Company. assistive listening devices, or materials Tuesday, May 3, 2005, from 9 a.m. to 12 Filing Party: Wayne R. Rohde, Esq., in alternative format) should notify noon at the offices of the U.S. Sher & Blackwell, LLP, 1850 M Street, Sally Atwater at 202–619–0634 no later Department of Homeland Security NW., Suite 900, Washington, DC 20036. than April 25, 2005. Efforts will be (DHS) National Communications Synopsis: The amendment revises the made to meet special requests received System (NCS) in Arlington, Virginia. space allocations under the agreement. after that date, but availability of special This meeting is open to the public. Agreement No.: 011910. needs accommodations to respond to Limited seating will be available. Title: HSDG/APL Space Charter these requests cannot be guaranteed. Reservations are necessary for access to Agreement. Agenda: The Committee plans to the NCS facility and meeting location. Parties: APL Co. Pte Ltd and further refine topic areas chosen by the The TSP OC identifies and reviews Hamburg-Sud. Committee members at the two previous any problems developing in the TSP Filing Party: Wayne R. Rohde, Esq., Committee meetings: Comprehensive System and recommends actions to Sher & Blackwell, LLP, 1850 M Street, Health Care and Long Term Care, Dental correct them or prevent recurrence. NW., Washington, DC 20036. Care, Housing and Aging of Caregivers, DATES: The TSP OC will meet Tuesday, Synopsis: The agreement authorizes Emergency Preparedness and Direct May 3, 2005, from 9 a.m. to 12 noon. HSDG to charter space to APL on its Support Professional Challenges. ADDRESSES: The TSP OC will meet at the vessels in the trade between the U.S. FOR FURTHER INFORMATION CONTACT: DHS/NCS National Coordinating Center East Coast and the East Coast of South Sally Atwater, Executive Director, for Telecommunications Conference America. President’s Committee for People with Room, 701 S. Courthouse Road, By order of the Federal Maritime Intellectual Disabilities, Aerospace Arlington, VA, second floor. You may Commission. Center Building, Suite 701, 370 L’Enfant submit comments, identified by DHS Karen V. Gregory, Promenade, SW., Washington, DC Docket Number DHS–2005–0027 by one Assistant Secretary. 20447, telephone—(202) 619–0634, of the following methods: • EPA Federal Partner EDOCKET [FR Doc. 05–6823 Filed 4–5–05; 8:45 am] Fax—(202) 205–9519, e-mail— [email protected]. Web Site: http://www.epa.gov/ BILLING CODE 6730–01–P feddocket. Follow the instructions for SUPPLEMENTARY INFORMATION: The submitting comments on the Web site. PCPID acts in an advisory capacity to • Federal eRulemaking Portal: http:// DEPARTMENT OF HEALTH AND the President and the Secretary of www.regulations.gov. Follow the HUMAN SERVICES Health and Human Services on a broad instructions for submitting comments. range of topics relating to programs, • Mail/Hand Delivery/Courier: Administration for Children and services, and supports for persons with Department of Homeland Security, c/o Families intellectual disabilities. The Committee, DISA, Attn: NCS (N3), Lt. Col. Joanne President’s Committee for People With by Executive Order, is responsible for Sechrest/703–607–4960, NCS/Priority Intellectual Disabilities: Notice of evaluating the adequacy of current Telecommunications Branch, P.O. Box Meeting practices in programs, services and 4502, Arlington, VA 22204–4502, 7:30 supports for persons with intellectual a.m. to 4 p.m. AGENCY: President’s Committee for disabilities, and for reviewing legislative Instructions: All submissions received People with Intellectual Disabilities proposals that impact on the quality of must include the docket number, DHS– (PCPID), HHS. life that is experienced by citizens with 2005–0027. All comments received will

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be posted without change to http:// DEPARTMENT OF HOMELAND (5) Brief on Sensitive Security www.epa.gov/feddocket, including any SECURITY Information training initiatives. personal information provided. (6) Review of draft documents Coast Guard FOR FURTHER INFORMATION CONTACT: Ms. governing Facility Security Plan audits. [USCG–2005–20769] Susan Flint, DHS/NCS TSP Program Agenda of CTAC Meeting on Thursday, Office, 703–607–4932. Media or press April 21, 2005 should contact Mr. Steve Barrett at 703– Chemical Transportation Advisory Committee 607–6211. (1) Introduce Committee members and SUPPLEMENTARY INFORMATION: Notice of AGENCY: Coast Guard, DHS. attendees. this meeting is given under the Federal ACTION: Notice of meeting. (2) Final report presentation from the Advisory Committee Act, 5 U.S.C. App. CTAC National Fire Protection SUMMARY: 1 et seq. The Chemical Transportation Association (NFPA) 472 Subcommittee. Advisory Committee (CTAC) and its Hazardous Cargo Transportation (3) Discussion and vote on draft Draft Agenda of Committee Meeting on May chapter incorporating marine specific 3, 2005 Security (HCTS) Subcommittee will meet to discuss various issues relating competencies, for hazardous material I. Call To Order—TSP OC Chair, Ken Keim, to the marine transportation of incident responders, into the NFPA 472 National Emergency Management Standard. Association hazardous materials in bulk. These II. Welcoming Remarks—TSP OC Chair Ken meetings will be open to the public. (4) Status report presentation from the Keim DATES: CTAC will meet on Thursday, CTAC Hazardous Cargo Transportation III. Approve Minutes of May 5, 2004 April 21, 2005, from 9 a.m. to 3:30 p.m. Security Subcommittee. Meeting—TSP OC Chair Ken Keim The HCTS Subcommittee will meet on (5) Discussion and vote on the IV. Election of TSP OC Vice Chair—Lt. Col. Wednesday, April 20, 2005, from 9 a.m. initiative to establish a CTAC Outreach Joanne Sechrest, U.S. Department of to 3:30 p.m. These meetings may close Subcommittee. Homeland Security (DHS)/Designated early if all business is finished. Written (6) Presentation by the Coast Guard’s Federal Official, TSP OC material and requests to make oral Office of Operating and Environmental V. Review Action Items from May 5, 2004 presentations should reach the Coast Standards on the Ballast Water TSP OC Meeting—TSP OC Chair Ken Guard on or before April 15, 2005. Management Program. Keim Requests to have a copy of your material VI. TSP Program Update—Deborah Bea, distributed to each member of the (7) Presentation on MARPOL Annex DHS/TSP Program Manager Committee should reach the Coast II. A. Status of Revalidation, Confirmation, Guard on or before April 15, 2005. (8) Presentation by the Coast Guard’s TSPWeb—Deborah Bea ADDRESSES: B. TSP OC Charter Renewal Review, Both CTAC and the HCTS Office of Investigations and Analysis on Nomination Results (new and returning Subcommittee will meet at the Coast the Coast Guard Marine Casualty members)—Deborah Bea Guard Headquarters Building, 2100 2nd Analysis Program. C. General Services Administration Office Street, SW., Washington DC 20593, in (9) Presentation by the Coast Guard’s of Governmentwide Policy Advisory room 2415. Send written material and Office of Response on Hazardous Committee Engagement Survey requests to make oral presentations to Substance Response Plan Regulations. Information Briefing—Deborah Bea Commander Robert J. Hennessy, (10) Update of Coast Guard Regulatory VII. Priority Services Working Group Executive Director of CTAC, Projects. Update—Ken Moran, Federal Commandant (G–MSO–3), U.S. Coast Communications Commission Guard Headquarters, 2100 Second Street Procedural VIII. Overview of TSP Vendor Working SW., Washington, DC 20593–0001 or E- Group—Lt. Col. Sechrest mail: [email protected]. This These meetings are open to the IX. TSP Outreach—Lt. Col. Sechrest notice is available on the Internet at public. Please note that the meetings X. Review Action Items—Lt. Col. Sechrest http://dms.dot.gov. may close early if all business is XI. Old Business/New Business FOR FURTHER INFORMATION CONTACT: finished. At the discretion of the Chair, Adjournment—TSP OC Chair Ken Keim Commander Robert J. Hennessy, members of the public may make oral Procedural Information Executive Director of CTAC, or Ms. Sara presentations during the meetings Ju, Assistant to the Executive Director, generally limited to 5 minutes. If you This meeting is open to the public. telephone 202–267–1217, fax 202–267– would like to make an oral presentation Please note that the meeting may close 4570. at a meeting, please notify the Executive Director and submit written material on early if all business is finished. SUPPLEMENTARY INFORMATION: Notice of these meetings is given under the or before April 15, 2005. If you would Information on Services for Individuals like a copy of your material distributed With Disabilities Federal Advisory Committee Act, 5 U.S.C. App. 2. to each member of the Committee in For information on facilities or advance of a meeting, please submit 25 Agenda of HCTS Subcommittee Meeting services for individuals with copies to the Executive Director (see on Wednesday, April 20, 2005 ADDRESSES disabilities, or to request special ) no later than April 15, 2005. assistance at the meeting, telephone (1) Introduce Subcommittee members Information on Services for Individuals Susan Flint as soon as possible. and attendees. With Disabilities (2) Discuss new Policy Advisory Peter M. Fonash, Council decisions. For information on facilities or Acting Deputy Manager, National (3) Discuss security issues related to services for individuals with Communications System. the National Response Center. disabilities, or to request special [FR Doc. 05–6818 Filed 4–5–05; 8:45 am] (4) Discuss Coast Guard Maritime assistance at the meeting, telephone the BILLING CODE 4410–10–P Security Training Initiatives. Executive Director as soon as possible.

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Dated: March 28, 2005. Public Comment Availability SUPPLEMENTARY INFORMATION: Under Howard L. Hime, Comments, including names and section 11 (d)(7)(D) of the Indian Acting Director of Standards, Marine Safety, addresses of respondents, will be Gaming Regulatory Act of 1988 (IGRA), Security and Environmental Protection. available for public review at the BIA Public Law 100–497, 25 U.S.C. 2710, the [FR Doc. 05–6726 Filed 4–5–05; 8:45 am] address shown in the ADDRESSES section Secretary of the Interior must publish in BILLING CODE 4910–15–P during business hours, 8 a.m. to 4:30 the Federal Register notice of any Tribal p.m., Monday through Friday, except State compact that is approved, or holidays. Individual respondents may considered to have been approved for request confidentiality. If you wish us to the purpose of engaging in Class III DEPARTMENT OF THE INTERIOR withhold your name and/or address gaming activities on Indian lands. The from public review or from disclosure Acting Principal Deputy Assistant Bureau of Indian Affairs under the Freedom of Information Act, Secretary—Indian Affairs, Department you must state this prominently at the of the Interior, through his delegated Notice of Intent To Prepare an authority did not approve or disapprove Environmental Impact Statement for beginning of your written comment. Such requests will be honored to the this compact before the date that is 45 the North Fork Rancheria’s Proposed extent allowed by the law. We will not, days after the date it was submitted. Trust Acquisition and Hotel/Casino however, consider anonymous Therefore, pursuant to 25 U.S.C. Project, Madera County, California; comments. All submissions from 2710(d)(7)(C), this compact is Correction organizations or businesses, and from considered approved but only to the extent it is consistent with IGRA. This AGENCY: Bureau of Indian Affairs, individuals identifying themselves as Interior. representatives or officials of compact authorizes the Tonkawa Tribe organizations or businesses, will be to engage in certain Class III gaming ACTION: Notice. made available for public inspection in activities, provides for certain their entirety. geographical exclusivity, limits the SUMMARY: This notice advises the public number of gaming machines at existing of a correction to the Bureau of Indian Authority racetracks, and prohibits non-tribal Affairs’ (BIA) Notice of Intent to prepare This notice is published in operation of certain machines and an Environmental Impact Statement accordance with section 1503.1 of the covered games, and takes effect on the (EIS) for the North Fork Rancheria’s Council of Environmental Quality date the approval is published in the Proposed Trust Acquisition and Hotel/ Regulations (40 CFR parts 1500 through Federal Register. Casino Project, Madera County, 1508) implementing the procedural Dated: March 17, 2005. California, published in the Federal requirements of the National Register on October 27, 2004 (69 FR Environmental Policy Act of 1969, as Michael D. Olsen, 62721), which described the proposed amended (42 U.S.C. 4371 et seq.), Acting Principal Deputy Assistant Secretary— action. The October notice is corrected Department of the Interior Manual (516 Indian Affairs. to include statements concerning project DM 1–6), and is in the exercise of [FR Doc. 05–6722 Filed 4–5–05; 8:45 am] alternatives, which are provided in the authority delegated to the Principal BILLING CODE 4310–4N–P SUPPLEMENTARY INFORMATION section. Deputy Assistant Secretary—Indian This notice also re-opens public Affairs by 209 DM 8.1. DEPARTMENT OF THE INTERIOR scoping to identify potential issues, Dated: March 2, 2005. concerns and alternatives to be Michael D. Olsen, Bureau of Land Management considered in the EIS. Acting Principal Deputy Assistant Secretary— DATES: Written comments must arrive Indian Affairs. [WO–350–1430–PF–24 1A] by May 6, 2005. [FR Doc. 05–6732 Filed 4–5–05; 8:45 am] ADDRESSES: You may mail or hand carry BILLING CODE 4310–W7–P Extension of Approved Information written comments to Clay Gregory, Collection, OMB Control Number 1004– Regional Director, Pacific Regional 0004 Office, Bureau of Indian Affairs, 2800 DEPARTMENT OF THE INTERIOR Cottage Way, Sacramento, California AGENCY: Bureau of Land Management, Bureau of Indian Affairs 95825. Interior ACTION: Notice and request for FOR FURTHER INFORMATION CONTACT: John Indian Gaming comments. Rydzik, (916) 978–6042. AGENCY: Bureau of Indian Affairs, SUPPLEMENTARY INFORMATION: The Interior. SUMMARY: In accordance with the proposed action and a reasonable range ACTION: Notice of Class III Gaming Paperwork Reduction Act of 1995, the of alternatives, including a no-action Compact taking effect. Bureau of Land Management (BLM) alternative, will be analyzed in the EIS. requests the Office of Management and Other possible alternatives currently SUMMARY: Notice is given that the Tribal Budget (OMB) to extend an existing under consideration are a reduced- Gaming Compact between the Tonkawa approval to collect information from intensity alternative, an alternate-use Tribe and the State of Oklahoma is those persons who submit Form 2520– alternative and an off-site alternative. considered approved and is in effect. 1 to apply for a desert-land entry to The range of issues and alternatives may DATE: April 6, 2005. reclaim, irrigate, and cultivate arid and be expanded based on comments FOR FURTHER INFORMATION CONTACT: semiarid public lands in the Western received during the scoping process. George T. Skibine, Director, Office of United States. The BLM uses this Additional supplemental information, Indian Gaming Management, Office of information to determine if the including maps of the project site, may the Deputy Assistant Secretary—Policy applicant is eligible to make a desert- be obtained from John Rydzik at (916) and Economic Development, land entry under the appropriate land 978–6042. Washington, DC 20240, (202) 219–4066. entry laws.

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DATES: You must submit your comments You qualify to file a desert-land entry DEPARTMENT OF THE INTERIOR to BLM at the address below on or if you are a citizen of the United States; before June 6, 2005. BLM will not 21 years old; and a resident in the States Bureau of Land Management necessarily consider any comments of Arizona, California, Colorado, Idaho, [WO–310–1310–PB–24 1A] received after the above date. Montana, New Mexico, North Dakota, ADDRESSES: You may mail comments to: South Dakota, Utah, Washington, or Extension of Approved Information Regulatory Affairs Group (WO–630), Wyoming (no residency is required in Collection, OMB Control Number 1004– Eastern States Office, 7450 Boston Blvd., the State of Nevada). 0034 Springfield, Virginia 22153. You may apply for one or more tracts AGENCY: You may send comments via Internet Bureau of Land Management, of public lands totaling no more than to: [email protected]. Please Interior. include ‘‘ATTN: 1004–0004’’ and your 320 acres. The land must be surveyed or ACTION: Notice and request for name and address with your comments. unsurveyed, unappropriated, non- comments. You may deliver comments to the mineral, and non-timber. The lands SUMMARY: In accordance with the Bureau of Land Management, must be suitable for agricultural Paperwork Reduction Act of 1995, the Administrative Record, Room 401, 1620 purposes and more valuable for that Bureau of Land Management (BLM) is L Street, NW., Washington, DC. purpose than any other. The tracts of requesting the Office of Management Comments will be available for public land must be sufficiently close to each and Budget (OMB) to extend an existing review at the L Street address during other to manage satisfactorily as an approval to collect certain information regular business hours (7:45 a.m. to 4:15 economic unit. from those persons who wish to transfer p.m.) Monday through Friday. You must locate lands you feel can be interest in oil and gas or geothermal FOR FURTHER INFORMATION CONTACT: You economically developed and determine leases by assignment of record title or may contact Alzata L. Ransom, Lands the legal land description. You must transfer operating rights (sublease) in oil and Realty Group, on (202) 452–7772 contact the BLM State Office where the and gas or geothermal leases under the (Commercial or FTS). Persons who use lands are located and verify the lands terms of the mineral leasing laws. BLM a telecommunication device for the deaf are available for desert-land entry uses Form 3000–3, Assignment of (TDD) may call the Federal Information application. Record Title Interest In A Lease for Oil Relay Service (FIRS) on 1–800–877– and Gas or Geothermal Resources, and 8330, 24 hours a day, seven days a When BLM receives the application, we will examine your application for Form 3000–3a, Transfer of Operating week, to contact Ms. Ransom. Rights (Sublease) In A Lease for Oil and SUPPLEMENTARY INFORMATION: 5 CFR completeness and accuracy and classify the lands included in the application. Gas or Geothermal Resources, to collect 1320.12(a) requires that we provide a this information. This information BLM will approve your application of 60-day notice in the Federal Register allows the BLM to transfer interest in oil the lands are classified suitable for concerning a collection of information and gas or geothermal leases by desert-land entry or reject your to solicit comments on: assignment of record title or transfer (a) Whether the collection of application if the lands are classified operating rights (sublease) in oil and gas information is necessary for the proper unsuitable for desert-land entry. or geothermal leases under the functioning of the agency, including Based on past experience processing regulations at 43 CFR 3106, 3135, and whether the information will have these applications, BLM estimates the 3216. practical utility; public reporting burden for completing DATES: You must submit your comments (b) The accuracy of our estimates of the Form 2520–1 is 2 hours. BLM to BLM at the address below on or the information collection burden, estimates that we receive approximately before June 6, 2005. BLM will not including the validity of the 3 applications annually, with a total necessarily consider any comments methodology and assumptions we use; annual burden of 6 hours. received after the above date. (c) Ways to enhance the quality, utility, and clarity of the information Any member of the public may ADDRESSES: You may mail comments to: collected; and request and obtain, without charge, a Bureau of Land Management, (WO– (d) Ways to minimize the information copy of the BLM Form 2520–1 by 630), Eastern States Office, 7450 Boston collection burden on those who are to contacting the person identified under Blvd., Springfield, Virginia 22153. respond, including the use of FOR FURTHER INFORMATION CONTACT. You may send comments via Internet to: [email protected]. Please appropriate automated, electronic, BLM will summarize all responses to mechanical, or other technological include ‘‘ATTN: 1004–0034’’ and your this notice and include them in the name and return address in your collection techniques or other forms of request for OMB approval. All information technology. Internet message. comments will become a matter of Congress passed the Desert Land Act You may deliver comments to the public record. of March 3, 1877 (19 Stat. 377; 43 U.S.C. Bureau of Land Management, 321–323), as amended by the Act of Dated: April 1, 2005. Administrative Record, Room 401, 1620 March 3, 1891 (26 Stat. 1096; 43 U.S.C. Ian Senio, L Street, NW., Washington, DC. FOR FURTHER INFORMATION CONTACT: You 231, 323, 325, 327–329) to encourage Bureau of Land Management, Information and promote the economic development Collection Clearance Officer. may contact Barbara Gamble on (202) 452–0338 (Commercial or FTS). Persons of the arid and semiarid public lands. [FR Doc. 05–6752 Filed 4–5–05; 8:45 am] Through the Act, you may apply for a who use a telecommunications device BILLING CODE 4310–84–M desert-land entry to reclaim, irrigate, for the deaf (TDD) may call the Federal and cultivate arid and semiarid public Information Relay Service at 1–800– lands in the Western United States. The 877–8330, 24 hours a day, seven days a regulations in 43 CFR 2520 provide week, to contact Ms. Gamble. guidelines and procedures to obtain SUPPLEMENTARY INFORMATION: 5 CFR public lands under the Act. 1320.12(a) requires BLM to provide 60-

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day notice in the Federal Register assignments of record title interest or inquiries concerning the OCS SC concerning a collection of information transfer of operating rights (sublease) in meeting should be addressed to Dr. to solicit comments on: a lease for oil and gas or geothermal James Kendall, Executive Secretary to (a) whether the collection of resources. The assignor/transferor the OCS SC, Minerals Management information is necessary for the proper submits the required information to Service, 381 Elden Street, Mail Stop functioning of the agency, including BLM for approval under 30 U.S.C. 187a 4043, Herndon, Virginia 20170–4817 or whether the information will have and the regulations at 43 CFR 3106, by calling (703) 787–1656. practical utility; 3135, and 3216. SUPPLEMENTARY INFORMATION: The OCS (b) the accuracy of our estimates of BLM uses the information submitted SC will provide advice on the the information collection burden, by the assignor/transferor to identify the feasibility, appropriateness, and including the validity of the interest ownership that is assigned or scientific value of the OCS methodology and assumptions we use; transferred and the qualifications of the Environmental Studies Program to the (c) ways to enhance the quality, assignee-transferee. BLM determines if Secretary of the Interior through the utility, and clarity of the information the assignee-transferee is qualified to Director of the MMS. The SC will collected; and obtain the interest sought and ensures review the relevance of the research and (d) ways to minimize the burden of the assignee/transferee does not exceed data being produced to meet MMS the collection of information on those statutory acreage limitations. scientific information needs for decision who are to respond, including the use Based on BLM’s experience making and may recommend changes in of appropriate automated, electronic, administering the activities described scope, direction, and emphasis. mechanical, or other technological above, we estimate it takes 30 minutes The Committee will meet in plenary collection techniques or other forms of per response to complete the required session on Wednesday, April 27. information technology. information. The respondents include The Mineral Leasing Act of 1920 (30 Individual Committee members will individuals, small businesses, and large report on the January meetings of the U.S.C. 181 et seq.) and the Geothermal corporations. The frequency of response Steam Act of 1970 (30 U.S.C. 1001– Gulf of Mexico OCS Region’s is occasional. We estimate 60,000 Information Transfer Meeting and 1025) authorize the Secretary of the responses per year and a total annual Interior to issue leases for development affiliated OCS SC’s Deepwater burden of 30,000 hours. Subcommittee, the January and March of Federal oil and gas and geothermal BLM will summarize all responses to resources. The Act of August 7, 1947 meetings of the OCS SC Arctic this notice and include them in the Subcommittee meeting, and the OCS (Mineral Leasing Act of Acquired request for OMB approval. All Lands) authorizes the Secretary to lease SC’s observations made at the MMS/ comments will become a matter of Environmental Protection Agency lands acquired by the United States (30 public record. U.S.C. 341–359). The Department of the Hypoxia meeting conducted this past Interior Appropriations Act of 1981 (42 Dated: April 1, 2005. summer. Also on April 27, presentations U.S.C. 6508) provides for the Ian Senio, will be made to the OCS SC outlining competitive leasing of lands for oil and Bureau of Land Management, Information how archeology studies are useful to gas in the National Petroleum Reserve- Collection Clearance Officer. MMS information needs and how other Alaska (NPRA). The Attorney General’s [FR Doc. 05–6753 Filed 4–5–05; 8:45 am] large environmental programs handle Opinion of April 2, 1941 (40 Opinion of BILLING CODE 4310–84–M environmental data and what options the Attorney General 41) provides the are being used and/or considered for basis under which the Secretary issues serving MMS’s database needs. The certain leases for lands being drained of DEPARTMENT OF THE INTERIOR MMS Director will also address the Committee. mineral resources. The Federal Property Minerals Management Service and Administrative Services Act of 1949 On Thursday, April 28, the Committee will meet in discipline (40 U.S.C. 471 et. seq.) provides the Outer Continental Shelf (OCS) authority for leasing lands acquired breakout sessions (i.e., biology/ecology, Scientific Committee (SC); physical sciences, and social sciences) from the General Services Announcement of Plenary Session Administration. to review the specific research plans of Assignor/transferor submits Form AGENCY: Minerals Management Service the MMS regional offices for Fiscal 3000–3, Assignment of Record Title (MMS), Interior. Years 2006 and 2007. Interest In A Lease for Oil and Gas or ACTION: Notice of meeting. On Friday, April 29, the Committee Geothermal Resources, and Form 3000– will meet in plenary session for reports SUMMARY: 3a, Transfer of Operating Rights The OCS Scientific of the individual discipline breakout (Sublease) In A Lease for Oil and Gas or Committee will meet at the Embassy sessions of the previous day and to Geothermal Resources, to transfer Suites Dulles-North in Dulles (Sterling), continue with Committee business. The meetings are open to the public. interest in oil and gas or geothermal Virginia. Approximately 30 visitors can be leases by assignment of record title or DATES: Wednesday, April 27, 2005, from accommodated on a first-come-first- transfer operating rights (sublease) in oil 8 a.m. to 5:30 p.m.; Thursday, April 28, served basis at the plenary session. and gas or geothermal leases under the 2005, from 8 a.m. to 5:30 p.m.; and regulations at 43 CFR 3106, 3135, and Friday, April 29, 2005, 8:30 a.m. to Authority: Federal Advisory Committee 3216. These regulations outline the 12:30 p.m. Act, Public Law 92–463, 5 U.S.C., Appendix ADDRESSES: Embassy Suites Dulles- I, and the Office of Management and Budget’s procedures for assigning record title Circular A–63, Revised. interest and transferring operating rights North/Loudoun, 44610 Waxpool Road, in a lease to explore for, develop, and Dulles, Virginia 20147, telephone (703) Dated: March 31, 2005. produce oil and gas resources and 723–5300. Thomas A. Readinger, geothermal resources. FOR FURTHER INFORMATION CONTACT: A Associate Director for Offshore Minerals The assignor/transferor provides the copy of the agenda may be requested Management. required information to comply with the from MMS by calling Ms. Carolyn [FR Doc. 05–6819 Filed 4–5–05; 8:45 am] regulations in order to process the Beamer at (703) 787–1211. Other BILLING CODE 4310–MR–P

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DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR includes a statement of the decision made, synopses of other alternatives National Park Service National Park Service considered, the basis for the decision, a finding of non-impairment of park Notice of Boundary Revision, Indiana General Management Plan, Final resources and values, a listing of Dunes National Lakeshore, IN Environmental Impact Statement, Rio measures to minimize environmental Grande Wild and Scenic River, Texas harm, and an overview of public SUMMARY: This notice announces a AGENCY: National Park Service, involvement in the planning process. revision of the boundaries of Indiana Department of the Interior. FOR FURTHER INFORMATION CONTACT: John Dunes National Lakeshore, Indiana, to ACTION: Notice of availability of a H. King, Superintendent, Rio Grande include four (4) parcels of land within Record of Decision on the Final Wild and Scenic River, P.O. Box 129, the boundaries of the National Environmental Impact Statement for the Big Bend National Park, TX 79834– Lakeshore. This action is taken under General Management Plan, Rio Grande 0129, (432) 477–1102. the authority of 16 U.S.C. 460u–19 (Pub. Wild and Scenic River. SUPPLEMENTARY INFORMATION: Copies of L. 94–549, enacted October 18, 1976). the Record of Decision are available SUMMARY: Pursuant to section 102(2)(C) FOR FURTHER INFORMATION CONTACT: from the contact listed above. of the National Environmental Policy Superintendent, Indiana Dunes National Dated: February 8, 2005. Act of 1969, codified as amended at 42 Lakeshore, 1100 North Mineral Springs Bob Moon, U.S.C. 4332(2)(C), the National Park Road, Porter, Indiana 46304–1299, or by Service announces the availability of the Associate Regional Director, Resource, telephone at 219–926–7561, extension Stewardship, and Research, Intermountain Record of Decision for the Final Region, National Park Service. 410. Environmental Impact Statement, [FR Doc. 05–6830 Filed 4–5–05; 8:45 am] General Management Plan for Rio SUPPLEMENTARY INFORMATION: Notice is BILLING CODE 4312–KF–P hereby provided that the boundaries of Grande Wild and Scenic River, Texas. Indiana Dunes National Lakeshore are On February 8, 2005, the Associate Regional Director, Intermountain Region revised. This revision is to include DEPARTMENT OF THE INTERIOR approved the Record of Decision for the certain parcels of real property situated project. As soon as practicable, the in Porter County, Indiana, and is National Park Service National Park Service will begin to effective upon publication of this notice. implement the General Management Chesapeake and Ohio Canal National These parcels will be donated to the Plan, described as the Preferred Historical Park Advisory Commission; United States of America and they are Alternative contained in the Final Notice of Public Meeting contiguous to the National Lakeshore Environmental Impact Statement issued boundaries. These parcels contain, in on January 7, 2005. Notice is hereby given in accordance aggregate, 0.82 of an acre of land, more The following course of action will with the Federal Advisory Committee or less. occur under the preferred alternative. Act that a meeting of the Chesapeake and Ohio Canal National Historic Park The parcels are identified as follows: The protection of natural and cultural resources will be emphasized Advisory Commission will be held at Tract 20–136 and Tract 20–137 on throughout the river corridor, as well as 9:30 a.m. on Friday April 15, 2005, Segment Map 20, Drawing No. 626/ providing opportunities for traditional Camp Kanawha, end of Rock Hall Road 35,020. visitor uses. As mandated by the Wild in Point of Rocks Maryland. The Commission was established by and Scenic Rivers Act, a permanent Tract 100–29 on Segment Map 100, Public Law 91–644 to meet and consult boundary for the wild and scenic river Drawing No. 626/35,100. with the Secretary of the Interior on is established for protection and Tract 101–15 on Segment Map 101, general policies and specific matters management of the outstandingly Drawing No. 626/35,101. related to the administration and remarkable values. The National Park development of the Chesapeake and All of the above-cited segment maps Service will negotiate and implement Ohio Canal National Historical Park. are dated July 14, 2004. cooperative agreements with nonfederal The members of the Commission are These maps are on file at the landowners that specify the rights and as follows: responsibilities of the National Park following locations: U.S. Department of Mrs. Shelia Rabb Weidenfeld, the Interior, National Park Service, Service and each landowner. A river use plan and resource management plan Chairman; Midwest Region, Land Resources, 601 Mr. Charles J. Weir; will be developed for the entire river. Riverfront Drive, Omaha, Nebraska Mr. Barry A. Passett; The NPS will cooperate with other U.S 68102–2571; Indiana Dunes National Mr. Terry W. Hepburn; agencies and the appropriate agencies in Ms. Elise B. Heinz; Lakeshore, 1100 North Mineral Springs Mexico to maintain or enhance water Road, Porter, Indiana 46304–1299. Ms. JoAnn M. Spevacek; quality and minimum flows in the river. Mrs. Mary E. Woodward; Dated: October 5, 2004. The preferred alternative also Mrs. Donna Printz; Ernest Quintana, recommends to Congress that the Mrs. Ferial S. Bishop; Regional Director, Midwest Region. upstream segment of the Rio Grande in Ms. Nancy C. Long; Big Bend National Park be designated as Mrs. Jo Reynolds; Editorial Note: This document was part of the Wild and Scenic River. Dr. James H. Gilford; received at the Office of the Federal Register The selected action and one other Mrs. Sue Ann Sullivan; on April 1, 2005. alternative were analyzed in the draft Brother James Kirkpatrick. [FR Doc. 05–6829 Filed 4–5–05; 8:45 am] and final environmental impact Topics that will be presented during BILLING CODE 4312–52–P statements. A full range of foreseeable the meeting include: environmental consequences was 1. Update on park planning and assessed. The full Record of Decision design projects.

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2. Update on major construction/ (6) Public Comments. IDAHO development projects. (7) Closing Remarks. Ada County 3. Update on partnership projects. FOR FURTHER INFORMATION CONTACT: The meeting will be open to the Joanne M. Hanley, Superintendent, Star Camp, N. Star Rd. and W. 3rd St., public. Any member of the public may Flight 93 National Memorial, 109 West Star, 05000344. file with the Commission a written Main Street, Somerset, PA 15501. 814– Idaho County statement concerning the matters to be 443–4557. discussed. Persons wishing further Foskett, Dr. Wilson, Home and SUPPLEMENTARY INFORMATION: The Drugstore, West side of River Rd., information concerning this meeting, or meeting will be open to the public. Any White Bird, 05000337. who wish to submit written statements, member of the public may file with the may contact Kevin Brandt, Commission a written statement INDIANA Superintendent, C&O Canal National concerning agenda items. The statement Owen County Historical Park, 1850 Dual Highway, should be addressed to the Flight 93 suite 100, Hagerstown MD 21740. Advisory Commission, 109 West Main Cataract Covered Bridge, Jct. of Cty Rte. Minutes of the meeting will be Street, Somerset, PA 15501. 235W and Cty Rte 1000N over Mill available for public inspection six Creek in Leiber State Recreation Area, weeks after the meeting at park Joanne M. Hanley, Cataract, 05000339. headquarters, Hagerstown, Maryland. Superintendent, Flight 93 National Memorial. IOWA Dated: March 9, 2005. [FR Doc. 05–6828 Filed 4–5–05; 8:45 am] Kevin Brandt, BILLING CODE 4310–WH–M Johnson County Superintendent, C&O Canal National Gilbert—Linn Street Historic District, Historical Park. DEPARTMENT OF THE INTERIOR (Iowa City, Iowa MPS AD) Portions of [FR Doc. 05–6832 Filed 4–5–05; 8:45 am] 300–600 blks of N. Gilbert and N. BILLING CODE 4312–52–M National Park Service Linn Sts., Iowa City, 05000366. LOUISIANA National Register of Historic Places; DEPARTMENT OF THE INTERIOR Notification of Pending Nominations St. Landry Parish and Related Actions National Park Service Donator, Martin, House, (Louisiana’s Nominations for the following French Creole Architecture MPS) Flight 93 National Memorial Advisory properties being considered for listing 8343 U.S. 182, Opelousas, 05000345. Commission or related actions in the National AGENCY: National Park Service. Register were received by the National Park Service before March 19, 2005. Charlevoix County ACTION: Notice of April 16, 2005, meeting. Pursuant to section 60.13 of 36 CFR part Charlevoix South Pierhead Light, (Light 60 written comments concerning the Stations of the United States MPS) S SUMMARY: This notice sets forth the date significance of these properties under pier at harbor entrance, 0.3 WNW of of the April 16, 2005, meeting of the the National Register criteria for U.S. 31 drawbridge, Charlevoix, Flight 93 Advisory Commission. evaluation may be forwarded by United 05000346. States Postal Service, to the National DATES: The public meeting of the NEBRASKA Advisory Commission will be held on Register of Historic Places, National Saturday, April 16, 2005, from 1 p.m. to Park Service, 1849 C St. NW., 2280, Lancaster County 4 p.m. Additionally, the Commission Washington, DC 20240; by all other Stake, R.O., House, 145 S 28th St., will attend the Flight 93 Memorial Task carriers, National Register of Historic Lincoln, 05000357. Force meeting the same day from 8 a.m. Places, National Park Service,1201 Eye to 11 a.m., which is also open to the St. NW., 8th floor, Washington DC Richardson County public. 20005; or by fax, 202–371–6447. Written Weaver, Gov. Arthur J., House, 1906 Location: The Commission meeting or faxed comments should be submitted Fulton St., Falls City, 05000356. will be held at the Somerset County by April 21, 2005. NEW YORK Courthouse, Courtroom #1; 2nd floor, Carol D. Shull, 111 East Union Street, Somerset, Keeper of the National Register of Historic Nassau County Pennsylvania, 15501. The Flight 93 Places. Jones Beach State Park, Causeway and Memorial Task Force meeting will be Parkway System, Ocean, Wantagh, held in the same location. COLORADO Meadowbrook and Loop State Agenda: Hinsdale County Parkways, Wantagh, 05000358. The April 16, 2005 Commission meeting will consist of: Debs School, (Rural School Buildings in Suffolk County (1) Opening of Meeting and Pledge of Colorado MPS) 2783 McManus Rd., Race Rock Light Station, (Light Stations Allegiance. Pagosa Springs, 05000338. of the United States MPS) 0.6 mi. SW (2) Review and Approval of Minutes Mesa County from January 15, 2005. of Race Point, Fishers Island, (3) Reports from the Flight 93 Cayton Guard Station, Forest Service 05000347. Road 814.1, Silt, 05000335. Memorial Task Force and the National NORTH CAROLINA Park Service. Comments from the public DISTRICT OF COLUMBIA Durham County will be received after each report and/ District of Columbia or at the end of the meeting. Forbus, Wiley and Elizabeth, House, (4) Old Business. Glen Hurst, 4933 MacArthur Blvd. NW., (Durham MRA) 3307 Devon Rd., (5) New Business. Washington, 05000336. Durham, 05000348.

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Greene County Weber County DATES: The National Park Service will accept comments from the public on the Best, Benjamin W., House, 2193 Odgen Union Station (Boundary draft ‘‘Guidance for Compliance with Mewborn Church Rd., Jason, Increase), 2501 Wall Ave., Ogden, the Native American Graves Protection 05000349. 05000363. and Repatriation Act by National Park Lenoir County WASHINGTON Service Offices and Units—NPS Cultural Resource Management American Tobacco Company Prizery, Grays Harbor County Guideline, Appendix R’’ for 90 days 619 N. Herritage St., Kinston, Hodgdon, Judge Charles W., House, 717 after publication of this notice. 05000350. Bluff, Hoquiam, 05000365. ADDRESSES: To request a paper copy Martin County A request for removal has been made contact: Mary S. Carroll, Park NAGPRA for the following resources: Bear Grass Primitive Paptist Church, Program Lead, National Park Service, NW side NC 1001, 0.1 mi. N of jct UTAH 12795 W. Alameda Parkway, Lakewood with NC 1106, Bear Grass, 05000352. CO 80225, 303–969–2300, 303–987– Duchesne County 6675 (fax), [email protected]. The Everetts Christian Church, 109 S. Broad Toyack Future Farmers of America Chapter draft guidance also may be accessed and St., Everetts, 05000351. House, 340 N. 300 West Roosevelt, downloaded from the Internet at http: First Christian Church, 126 S. Main St., 84002175. //www.cr.nps.gov/aad/SITES/ Robersonville, 05000353. Salt Lake County affiliation.htm. Oak City Christian Church, 310 W. Submit comments via regular mail or Commerce St., Oak City, 05000354. Webster School, 2700 South 9180 West Magna, 00001585. express delivery service to the address. Skewarkey Primitive Baptist Church, W Comments also may be submitted via e- side of U.S. 17, 0.04 mi. S. of jct. with Utah County mail to the address above. US 64, Williamston, 05000355. Hotel Roberts, 192 S. University Ave. Provo, FOR FURTHER INFORMATION CONTACT: 79002516. OHIO Mary S. Carroll, Park NAGPRA Program Nunn Power Plant, Off US 189 Provo, Lead, National Park Service, 12795 W. 79002517. Clinton County Alameda Parkway, Lakewood CO 80225, Beam Farm Woodland Archeological Washington County 303–969–2300, 303–987–6675 (fax), District, Address Restricted, Sabina, Hurricane High School, (Public Works [email protected]. 05000340. Buildings TR), 34 S. One Hundred W SUPPLEMENTARY INFORMATION: A Hurricane, 8600752. Hamilton County subcommittee of the National Park [FR Doc. 05–6742 Filed 4–5–05; 8:45 am] System Advisory Board (NPSAB), the NcWilliams, Matthew, House, 3586 BILLING CODE 4312–51–P Federally chartered board that advises River Rd., Cincinnati, 05000341. NPS and the Secretary of the Interior on Jefferson County a wide range of matters, conducted a DEPARTMENT OF THE INTERIOR servicewide review of the process used Bernhard, Ann E. Lewis, House, 42 e. by NPS to determine the cultural Main St., Adena, 05000342. National Park Service affiliation of human remains and other Putnam County Notice of Availability of Guidance for cultural items as required under Compliance With the Native American NAGPRA. Bridenbaugh District No. 3 The NPSAB provided Director Fran Graves Protection and Repatriation Act Schoolhouse, Jct. of Cty Rd. 6 and Mainella with the final report in June by National Park Service Offices and Township Rd M6, Pandora, 05000343. 2002. The report contains five Units TENNESSEE recommendations that focus on the AGENCY: National Park Service, Interior. distinction between ‘‘cultural Dickson County ACTION: Notice of availability. affiliation’’ and ‘‘traditionally associated Miller Family Farm, (Historic Family peoples,’’ the precision of cultural Farms in Middle Tennessee MPS) 160 SUMMARY: The National Park System affiliation determinations, and the Old TN 48, Charlotte, 05000360. Advisory Board completed a consultation process. The servicewide review of the process used recommendations are being Franklin County by NPS to determine the cultural implemented by revising and updating Haynes House, 519 Spring St., Decherd, affiliation of human remains and other technical guidance on implementation 05000359. cultural items as required under the of NAGPRA, specifically, Appendix R of Native American Graves and Protection the Cultural Resource Management TEXAS Repatriation Act (25 U.S.C. 3001 et seq.) Guideline under Director’s Order 28. Travis County in June 2002. The final report contains The process of revising the guidelines five recommendations that are being has been undertaken by a group of Royal Arch Masonic Lodge, 311 W. 7th implemented by revising and updating National Park Service experts familiar St., Austin, 05000362. Appendix R of the Cultural Resource with NAGPRA and representing a Teachers State Association of Texas Management Guideline under Director’s variety of perspectives on the Building, (East Austin MRA) 1191 Order 28. The revised draft ‘‘Guidance implementation of NAGPRA. Members Navasota, Austin, 05000361. for Compliance with the Native of the work group include staff familiar UTAH American Graves Protection and with regional NAGPRA coordination, Repatriation Act by National Park Native American perspectives, park Salt Lake County Service Offices and Units—NPS cultural resources, park management, Granite LDS Ward Chapel—Avard Cultural Resource Management and tribal liaison issues. As Fairbanks Studio, (Sandy City MPS) Guideline, Appendix R’’ is now recommended by the NPSAB, tribes, 9800 S 3100 E, Sandy, 05000364. available for public comment. Native Hawaiian organizations, and

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others affected by NAGPRA are being For further information concerning days after the publication of this notice contacted for comments and input. the conduct of this investigation and in the Federal Register. A separate Dated: February 14, 2005. rules of general application, consult the service list will be maintained by the Commission’s Rules of Practice and Cyd Martin, Secretary for those parties authorized to Procedure, part 201, subparts A through receive BPI under the APO. Director, Office of Indian Affairs & American E (19 CFR part 201), and part 207, Culture, IMR. Conference.—The Commission’s subparts A and B (19 CFR part 207). [FR Doc. 05–6831 Filed 4–5–05; 8:45 am] Director of Operations has scheduled a DATES: Effective Date: April 1, 2005. BILLING CODE 4312–50–P conference in connection with this FOR FURTHER INFORMATION CONTACT: investigation for 9:30 a.m. on April 22, Megan Spellacy (202–205–3190), Office 2005, at the U.S. International Trade of Investigations, U.S. International Commission Building, 500 E Street SW., INTERNATIONAL TRADE Trade Commission, 500 E Street SW., COMMISSION Washington, DC. Parties wishing to Washington, DC 20436. Hearing- participate in the conference should [Investigation No. 731–TA–1091 impaired persons can obtain contact Megan Spellacy (202–205–3190) (Preliminary)] information on this matter by contacting not later than April 19, 2005, to arrange the Commission’s TDD terminal on 202– for their appearance. Parties in support Artists’ Canvas From China 205–1810. Persons with mobility of the imposition of antidumping duties impairments who will need special in this investigation and parties in AGENCY: United States International assistance in gaining access to the opposition to the imposition of such Trade Commission. Commission should contact the Office duties will each be collectively ACTION: Institution of antidumping of the Secretary at 202–205–2000. investigation and scheduling of a General information concerning the allocated one hour within which to preliminary phase investigation. Commission may also be obtained by make an oral presentation at the accessing its Internet server (http:// conference. A nonparty who has SUMMARY: The Commission hereby gives www.usitc.gov). The public record for testimony that may aid the notice of the institution of an this investigation may be viewed on the Commission’s deliberations may request investigation and commencement of Commission’s electronic docket (EDIS) permission to present a short statement preliminary phase antidumping at http://edis.usitc.gov. at the conference. investigation No. 731–TA–1091 SUPPLEMENTARY INFORMATION: Written submissions.—As provided in (Preliminary) under section 733(a) of the Background.—This investigation is sections 201.8 and 207.15 of the Tariff Act of 1930 (19 U.S.C. 1673b(a)) being instituted in response to a petition Commission’s rules, any person may (the Act) to determine whether there is filed on April 1, 2005, by Tara a reasonable indication that an industry submit to the Commission on or before Materials, Inc., Lawrenceville, GA. April 27, 2005, a written brief in the United States is materially Participation in the investigation and injured or threatened with material containing information and arguments public service list.—Persons (other than pertinent to the subject matter of the injury, or the establishment of an petitioners) wishing to participate in the industry in the United States is investigation. Parties may file written investigation as parties must file an testimony in connection with their materially retarded, by reason of entry of appearance with the Secretary 1 presentation at the conference no later imports from China of artists’ canvas , to the Commission, as provided in provided for in statistical reporting than three days before the conference. If sections 201.11 and 207.10 of the briefs or written testimony contain BPI, numbers 5901.90.2000 and 591.90.4000 Commission’s rules, not later than seven they must conform with the of the Harmonized Tariff Schedule of days after publication of this notice in requirements of sections 201.6, 207.3, the United States, that are alleged to be the Federal Register. Industrial users and 207.7 of the Commission’s rules. sold in the United States at less than fair and (if the merchandise under value. Unless the Department of investigation is sold at the retail level) The Commission’s rules do not Commerce extends the time for representative consumer organizations authorize filing of submissions with the initiation pursuant to section have the right to appear as parties in Secretary by facsimile or electronic 732(c)(1)(B) of the Act (19 U.S.C. Commission antidumping means, except to the extent permitted by 1673a(c)(1)(B)), the Commission must investigations. The Secretary will section 201.8 of the Commission’s rules, reach a preliminary determination in prepare a public service list containing as amended, 67 FR 68036 (November 8, antidumping investigations in 45 days, the names and addresses of all persons, 2002). or in this case by May 16, 2005. The or their representatives, who are parties In accordance with sections 201.16(c) Commission’s views are due at to this investigation upon the expiration and 207.3 of the rules, each document Commerce within five business days of the period for filing entries of filed by a party to the investigation must thereafter, or by May 23, 2005. appearance. be served on all other parties to the Limited disclosure of business investigation (as identified by either the 1 The products covered by this investigation are proprietary information (BPI) under an artist canvases regardless of dimension and/or size, public or BPI service list), and a whether assembled or unassembled (i.e., kits that administrative protective order (APO) certificate of service must be timely include artist canvas and other items, such as a and BPI service list.—Pursuant to filed. The Secretary will not accept a wood frame), that have been primed/coated, section 207.7(a) of the Commission’s document for filing without a certificate whether or not made from cotton, whether or not rules, the Secretary will make BPI of service. archival, whether bleached or unbleached, and gathered in this investigation available whether or not containing an ink receptive top coat. Authority: This investigation is being Artist canvases (i.e., pre-stretched canvases, canvas to authorized applicants representing panels, canvas pads, canvas rolls (including bulk interested parties (as defined in 19 conducted under authority of title VII of the rolls that have been primed), printable canvases, U.S.C. 1677(9)) who are parties to the Tariff Act of 1930; this notice is published floor cloths, and placements) are tightly woven investigation under the APO issued in pursuant to section 207.12 of the prepared painting and/or printing surfaces. The Commission’s rules. written description of the scope of this investigation the investigation, provided that the is dispositive. application is made not later than seven Issued: April 1, 2005.

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By order of the Commission. SUPPLEMENTARY INFORMATION: On proceedings and findings in light of Marilyn R. Abbott, December 19, 2003, the Commission those claim constructions. The Secretary to the Commission. instituted an investigation under section Commission has also directed the ALJ to 337 of the Tariff Act of 1930, 19 U.S.C. [FR Doc. 05–6827 Filed 4–5–05; 8:45 am] reopen the evidentiary record to receive, 1337, based on a complaint filed by and make findings based on, evidence BILLING CODE 7020–02–P Amkor Technology, Inc. (‘‘Amkor’’) that may become available after the D.C. alleging a violation of section 337 in the Court of Appeals rules in U.S. INTERNATIONAL TRADE importation, sale for importation, and International Trade Commission v. COMMISSION sale within the United States after ASAT, Inc., Appeal No. 05–5009. In importation of certain encapsulated order to allow sufficient time to [Inv. No. 337–TA–501] integrated circuit devices and products complete the remand, the Commission containing same in connection with has extended the target date for In the Matter of Certain Encapsulated claims 1–4, 7, 17, 18 and 20–23 of U.S. completion of the investigation by seven Integrated Circuit Devices and Patent No. 6,433,277 (‘‘the ‘277 patent’’); (7) months and twenty-one (21) days, Products Containing Same; Notice of claims 1–4, 7 and 8 of U.S. Patent No. i.e., until November 21, 2005. The Commission Determination To 6,630,728 (‘‘the ‘728 patent’’); and Commission also determined to deny Remand Investigation to the claims 1, 2, 13 and 14 of U.S. Patent No. respondent Carsem’s motion to strike. Administrative Law Judge; Extension 6,455,356 (‘‘the ‘356 patent’’). 68 FR The authority for the Commission’s of Target Date for Completion of the 70836 (December 19, 2003). The determination is contained in section Investigation complainant named Carsem (M) Sdn 337 of the Tariff Act of 1930, as AGENCY: U.S. International Trade Bhd; Carsem Semiconductor Sdn Bhd; amended (19 U.S.C. 1337), and in Commission. and Carsem, Inc. (collectively, sections 210.45 and 210.51 of the ‘‘Carsem’’) as respondents. ACTION: Notice. Commission’s Rules of Practice and The evidentiary hearing in this Procedure (19 CFR 210.45 and 210.51). SUMMARY: Notice is hereby given that investigation was held from July 6 through July 30, 2004, and August 9 Issued: March 31, 2005. the U.S. International Trade By order of the Commission. Commission has determined to remand through August 11, 2004. On November Marilyn R. Abbott, the above-referenced investigation to the 18, 2004, the presiding ALJ issued a presiding administrative law judge (ALJ) final ID finding no violation of section Secretary to the Commission. for further proceedings and findings in 337. All parties to the investigation, [FR Doc. 05–6736 Filed 4–5–05; 8:45 am] light of claim construction including the Commission investigative BILLING CODE 7020–02–P determinations made by the attorney filed timely petitions for review Commission and an expected ruling by of various portions of the final ID. the U.S. Court of Appeals for the District Respondents designated their petition DEPARTMENT OF JUSTICE of Columbia (D.C. Court of Appeals) in contingent upon the granting of any U.S. International Trade Commission v. other petition for review or upon the Notice of Lodging of First Amendment ASAT Inc., Appeal No. 05–5009. The Commission’s reviewing the ALJ’s ID on to Consent Decree Pursuant to the its own motion pursuant to 19 CFR Commission also has determined to Comprehensive Environmental 210.44. All parties filed timely extend the target date in this Response Compensation and Liability responses to the petitions for review. Act (‘‘CERCLA’’) investigation by seven (7) months and On February 1, 2005, the Commission twenty-one (21) days, i.e., until determined to review the final ID in its Notice is hereby given that on March November 21, 2005. entirety. 70 FR 6454 (February 7, 2005). 23, 2005, a proposed First Amendment FOR FURTHER INFORMATION CONTACT: The Commission requested briefing, to Consent Decree in United States v. Michael Liberman, Esq., Office of the based on the evidentiary record, on the Boise Cascade Corp., et al., Civil Action General Counsel, U.S. International issue of claim interpretation only. Id. 7:97–cv–1704 (‘‘Amendment’’), was Trade Commission, 500 E Street, SW., The Commission also extended the lodged with the United States District Washington, DC 20436, telephone 202– target date for completion of this Court for the Northern District of New 205–3115. Copies of the public version investigation until March 31, 2005. Id. York. of the IDs and all nonconfidential All the parties to this investigation filed On November 20, 1997, the court documents filed in connection with this timely written submissions and timely entered a Consent Decree regarding the investigation are or will be available for reply submissions regarding the issues Sealand Restoration Superfund Site in inspection during official business under review. Lisbon, New York (‘‘Site’’). The Consent hours (8:45 a.m. to 5:15 p.m.) in the On February 15, 2005, respondent Decree required five Settling Defendants Office of the Secretary, U.S. Carsem filed a motion and to implement the groundwater remedy International Trade Commission, 500 E memorandum to strike complainant’s that EPA selected in a 1995 Record of Street, SW., Washington, DC 20436, initial written submission regarding the Decision (‘‘ROD’’) for the Site. In telephone 202–205–2000. Hearing- issues under review. On February 25, November 2001, EPA issued an impaired persons are advised that 2005, both complainant Amkor and the Explanation of Significant Differences information on this matter can be IA filed responsive pleadings in (‘‘ESD’’) which modified the selected obtained by contacting the opposition to Carsem’s motion. groundwater remedy (requiring the Commission’s TDD terminal on 202– Having reviewed the record in this construction of a permeable reactive 205–1810. General information investigation, including the ID and the barrier) and provided for concerning the Commission may also be written submissions of the parties, the implementation of institutional controls obtained by accessing its Internet server Commission has determined to make and the performance of a supplemental (http://www.usitc.gov). The public various claim construction study. The proposed Amendment record for this investigation may be determinations with regard to the patent conforms the Decree to the ESD. In viewed on the Commission’s electronic claims under review, and to remand the addition, the Amendment calls for a docket (EDIS) at http://edis.usitc.gov. investigation to the ALJ for additional revised threshold above which the

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settling defendants will be required to and 2706, and Section 311 of the Clean DEPARTMENT OF JUSTICE pay for future oversight costs. Water Act, 33 U.S.C. 1321, for natural The Department of Justice will receive resource damages relating to discharges Notice of Settlement Agreement Under for a period of thirty (30) days from the of oil from pipelines owned or operated the Comprehensive Environmental date of this publication comments by Settling Defendants in and around Response, Compensation, and Liability relating to the Amendment. Comments Rosedale, Catlin, and Daylight, Indiana. Act should be addressed to the Assistant Attorney General, Environment and Under the proposed Consent Decree, Under 28 CFR 50.7, notice is hereby Natural Resources Division, P.O. Box the Settling Defendants would convey given of a proposed settlement 7611, U.S. Department of Justice, 56.54 acres of riparian flood plain agreement, In the Matter of: Morning Washington, DC 20044–7611, and habitat to the Indiana Department of Star Mine Site, for the performance of a should refer to United States v. Boise Natural Resources for replacement or removal action and the reimbursement Cascade Corp., D.J. Ref. 90–11–3–1144. acquisition of the equivalent of injured of response costs incurred by the The Consent Decree may be examined natural resources. In addition, the Department of the Interior (‘‘DOI’’) at the Office of the United States Settling Defendants would pay the under Sections 104, 107, and 122 of the Attorney, James Foley Bldg., 445 United States and the State of Indiana Comprehensive Environmental Response, Compensation, and Liability Broadway, Room 218, Albany 12207 $24,220.10 for costs incurred in Act (‘‘CERCLA’’). (contact Civil Chief, Assistant U.S. assessing the damages to natural Attorney James Woods), and at U.S. EPA The proposed settlement resolves resources resulting from the discharges CERCLA claims against respondent Region II, 290 Broadway, 17th Floor, of oil, and $5,779.90 to be used for New York, New York, 10007–1866 Vanderbilt Gold Corporation (‘‘VGC’’) future restoration of the 56.64 acre and potential CERCLA claims against (contact Assistant Regional Attorney property. James Doyle). During the public respondent Mineral, Metal & Mining comment period, the Consent Decree The Department of Justice will receive Management Company (‘‘4EM’’) related may also be examined on the following for a period of thirty (30) days from the to VGC’s mining activities at the Department of Justice Web site http:// date of this publication comments Morning Star Mine Site (‘‘Site’’), which www.usdoj.gov/enrd/open.html. A copy relating to the Consent Decree. is an inactive open mine pit located in of the Consent Decree may also be Comments should be addressed to the the Mojave National Preserve, a unit of obtained by mail from the Consent Assistant Attorney General, the National Park Service. DOI incurred Decree Library, P.O. Box 7611, U.S. Environment and Natural Resources response costs of approximately $1 Department of Justice, Washington, DC Division, P.O. Box 7611, U.S. million for a ‘‘time critical’’ removal 20044–7611 or by faxing or e-mailing a Department of Justice, Washington, DC action taken in response to the releases request to Tonia Fleetwood 20044–7611, and should refer to United and threats of releases of hazardous substances at the Site. The proposed ([email protected]), fax no. States, et al. v. Marathon Oil Company, settlement requires respondents VGC (202) 514–0097, phone confirmation et al. (S.D. Ind.), D.J. Ref. 90–5–1–1– and 4EM to: (1) Conduct a removal number (202) 514–1547. In requesting a 4150/1. copy from the Consent Decree Library, action at the Site, (2) reimburse DOI, please enclose a check in the amount of The Consent Decree may be examined over time, for approximately $1 million $30.75 (25 cents per page reproduction at the Office of the United States in past response costs, (3) pay DOI’s cost) payable to the U.S. Treasury. Attorney, 10 West Market Street, Suite future response costs, and (4) pay DOI 2100, Indianapolis, IN 46204–3048, and $1 million, over time, for deposit into Ronald G. Gluck, at the U.S. Department of the Interior, the DOI Natural Resource Damage Assistant Chief, Environmental Enforcement Three Parkway Center, Room 385, Assessment and Restoration Fund to Section, Environment and Natural Resources Pittsburgh, PA 15220. During the public restore, replace, or acquire the Division. comment period, the Consent Decree equivalent of Park System Resources [FR Doc. 05–6843 Filed 4–5–05; 8:45 am] also may be examined on the following injured by VGC. In exchange, DOI agrees BILLING CODE 4410–15–M Department of Justice Web site, http:// not to sue respondents for the work, www.usdoj.gov/enrd/open.html. A copy past response costs, and future response costs. DEPARTMENT OF JUSTICE of the Consent Decree may also be obtained by mail from the Consent The Department of Justice will receive for a period of thirty (30) days from the Notice of Lodging of Consent Decree Decree Library, P.O. Box 7611, U.S. date of this publication comments Under the Oil Pollution Act and the Department of Justice, Washington, DC relating to the proposed settlement. Clean Water Act 20044–7611 or by faxing or e-mailing a Comments should be addressed to the Notice is hereby given that on March request to Tonia Fleetwood Assistant Attorney General, 24, 2005, a proposed Consent Decree in ([email protected]), fax no. Environment and Natural Resources United States, et al. v. Marathon Oil (202) 514–0097, phone confirmation Division, P.O. Box 7611, U.S. Company, et al., Civil Action No. 2:05– number (202) 514–1547. In requesting a Department of Justice, Washington, DC CV–0090–LIM–WGH, was lodged with copy from the Consent Decree Library, 20044–7611, with a copy to Robert the United States District Court for the please enclose a check in the amount of Mullaney, U.S. Department of Justice, Southern District of Indiana. This $6.50 (25 cents per page reproduction 301 Howard Street, Suite 1050, San Consent Decree represents a settlement cost) payable to the U.S. Treasury. Francisco, CA 94105, and should refer of claims brought by the United States to In the Matter of: Morning Star Mine William D. Brighton, and the State of Indiana against Site, D.J. Ref. #90–11–2–08222. Marathon Oil Company and Marathon Assistant Chief, Environmental Enforcement During the public comment period, Ashland Pipe Line LLC (‘‘Settling Section, Environment and Natural Resources the proposed settlement agreement may Defendants’’) in the above referenced Division. be examined on the following action under Sections 1002 and 1006 of [FR Doc. 05–6845 Filed 4–5–05; 8:45 am] Department of Justice Web site: http:// the Oil Pollution Act, 33 U.S.C. 2702 BILLING CODE 4410–15–M www.usdoj.,gov/enrd/open.html. A copy

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of the proposed settlement agreement The Department of Justice will receive Drug Schedule may also be obtained by mail from the for a period of thirty (30) days from the Consent Decree Library, P.O. Box 7611, date of this publication comments Cathinone (1235) ...... I U.S. Department of Justice, Washington, relating to the proposed consent Methcathinone (1237) ...... I DC 20044–7611, or by faxing or e- decrees. Comments should be addressed N-Ethylamphetamine (1475) ...... I mailing a request to Tonia Fleetwood N,N-Dimethylamphetamine (1480) I to the Assistant Attorney General, Aminorex (1585) ...... I ([email protected]), fax no. Environment and Natural Resources Gamma hydroxybutyric acid I (202) 514–0097, phone confirmation Division, P.O. Box 7611, U.S. (2010). number (202) 514–1547. Department of Justice, Washington, DC Methaqualone (2565) ...... I In requesting a copy from the Consent 20044–7611, and should refer to United Lysergic acid dethylamide (7315) I Decree Library, please enclose a check States v. Parker Hannifin Corporation et Tetrahydrocannabinols (7370) ..... I in the amount of $12.50 (25 cents per al, D.J. Ref. 90–11–2–06024/10. Mescaline (7381) ...... I page reproduction cost) payable to the 2,5-Dimethoxyamophetamine I The proposed consent decrees may be U.S. Treasury. (7396). examined at the Office of the United 3,4-Methylenedioxyamphetamine I W. Benjamin Fisherow, States Attorney, 615 Chestnut Street, (7400). Deputy Chief, Environmental Enforcement Suite 1250, Philadelphia, PA 19106, and 3,4-Methylenedioxy-N- I Section, Environment and Natural Resources at U.S. EPA Region III, 1650 Arch Street, ethylamphetamine (7404). Division. Philadelphia, PA 19103. During the 3,4-Methylenedioxy-methamphet- I [FR Doc. 05–6844 Filed 4–5–05; 8:45 am] public comment period, the proposed amine (7405). 4-Methoxyamphetamine (7411) ... I BILLING CODE 4410–15–M consent decrees may also be examined Psilocybin (7437) ...... I on the following Department of Justice Psilocyn (7438) ...... I Web site http://www.usdoj.gov/enrd/ N-Ethyl-1-phenylcyclohexylamine I DEPARTMENT OF JUSTICE open.html. A copy of one or both of the (7455). proposed consent decrees may also be Dihydromorphine (9145) ...... I Notice of Lodging of Two Consent obtained by mail from the Consent Normorphine (9313) ...... I Decrees Under the Comprehensive Decree Library, P.O. Box 7611, U.S. Acetylmethadol (9601) ...... I Environmental Response, Department of Justice, Washington, DC Alphacetylmethadol Except Levo- I Compensation and Liability Act Alphacetylmethadol (9603). 20044–7611 or by faxing or e-mailing a Normethadone (9635) ...... I Under 28 CFR 50.7, notice is hereby request to Tonia Fleetwood 3-Methylfentanyl (9813) ...... I given that on March 23, 2005, two ([email protected]), fax no. Amphetamine (1100) ...... II proposed consent decrees in United (202) 514–0097, phone confirmation Methamphetamine (1105) ...... II States v. Parker Hannifin Corporation number (202) 514–1547. In requesting a Methylphenidate (1724) ...... II and Central Sprinkler Corporation, Civil copy or copies from the Consent Decree Amobarbital (2125) ...... II Action No. 05–1351, were lodged with Library, please enclose a check in the Pentobarbital (2270) ...... II the United States District Court for the amount of $37.75 for a copy the Secobarbital (2315) ...... II 1-Phenylcyclohexylamine (7460) II Eastern District of Pennsylvania. proposed consent decree with Parker Phencyclidine (7471) ...... II In this action the United States is Hannifin Corporation, $38.25 for a copy Phenylacetone (8501) ...... II seeking injunctive relief and recovery of of the proposed consent decree with 1-Piperidinocyclohexane- II response costs incurred by the United Central Sprinkler Corporation, or $76.00 carbonitrile (8603). States pursuant to the Compressive for copies of both (25 cents per page Codeine (9050) ...... II Environmental Response, Compensation reproduction cost). Checks should be Dihydrocodeine (9120) ...... II and Liability Act (‘‘CERCLA’’), 42 U.S.C. made payable to the U.S. Treasury. Oxycodone (9143) ...... II 9601 et seq., in connection with the Hydromorphone (9150) ...... II Parker Hannifin/Precision Rebuilding Robert Brook, Benzoylecgonine (9180) ...... II Assistant Chief, Environmental Enforcement Ethylmorphine (9190) ...... II and the Central Sprinkler properties at Hydrocodone (9193) ...... II the North Penn Area Six Superfund Site Section, Environmental and Natural Resources Division. Isomethadone (9226) ...... II (‘‘Site’’), which consists of a [FR Doc. 05–6846 Filed 4–5–05; 8:45 am] Meperidine (9230) ...... II contaminated groundwater plume and a Meperidine Intermediate-A (9232) II number of separate parcels of property BILLING CODE 4410–15–M Merperidine Intermediate-B II located within and adjacent to the (9233). Borough of Landsdale, Montgomery Methadone (9250) ...... II DEPARTMENT OF JUSTICE County, Pennsylvania. The proposed Methadone Intermediate (9254) ... II consent decrees will resolve the United Dextropropoxyphene, bulk, (non- II Drug Enforcement Administration dosage forms) (9273). States’ claims against Parker Hannifin Levo-alphacetylmethadol (9648) .. II Corporation and Central Sprinkler Manufacturer of Controlled Oxymorphone (9652) ...... II Corporation (‘‘Settling Defendants’’) in Substances; Notice of Registration Fentanyl (9801) ...... II connection with Operable Unite 3 at the Site. Under the terms of the proposed By Notice dated September 16, 2004, The company plans to manufacture consent decrees, Settling Defendants and published in the Federal Register small quantities of the listed controlled will implement the EPA-selected on September 30, 2004, (69 FR 58541), substances to produce isotope labeled groundwater remedies at their Aldrich Chemical Company Inc., DBA standards for drug analysis. respective properties and reimburse the Isotec, 3858 Benner Road, Miamisburg, No comments or objections have been United States for certain future response Ohio 45342–4304, made application by received. DEA has considered the costs. Settling Defendants will receive a renewal to the Drug Enforcement factors in 21 U.S.C. 823(a) and covenant not to sue by the United States Administration (DEA) to be registered as determined that the registration of for performance of the work and for a bulk manufacturer of the basic classes Aldrich Chemical Company, Inc. to recovery of past and future response of controlled substances listed in manufacture the listed basic classes of costs. Schedules I and II: controlled substances is consistent with

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the public interest at this time. DEA has and 958(a), and in accordance with 21 Drug Schedule investigated Aldrich Chemical CFR 1301.34, the above named company Company, Inc. to ensure that the is granted registration as an importer of 2,5–Dimethoxyamphetamine I company’s registration is consistent the basic class of controlled substance (7396). with the public interest. The listed. 4–Methoxyamphetamine (7411) ... I Difenoxin (9168) ...... I investigation has included inspection Dated: March 29, 2005. Methamphetamine (1105) ...... II and testing of the company’s physical William J. Walker, Raw Opium (9600) ...... II security systems, verification of the Deputy Assistant Administrator, Office of Concentrate of Poppy Straw II company’s compliance with state and Diversion Control, Drug Enforcement (9670). local laws, and a review of the Administration. company’s background and history. [FR Doc. 05–6797 Filed 4–5–05; 8:45 am] The company plans to import small Therefore, pursuant to 21 U.S.C. 823, quantities of the listed controlled BILLING CODE 4410–09–M and in accordance with 21 CFR 1301.33, substances for the manufacture of the above named company is granted analytical reference standards. registration as a bulk manufacturer of DEPARTMENT OF JUSTICE No comments or objections have been the basic classes of controlled received. DEA has considered the substances listed. Drug Enforcement Administration factors in 21 U.S.C. Sections 823(a) and Dated: March 29, 2005. 952(a) and determined that the Importer of Controlled Substances; registration of Cambrex Charles City, William J. Walker, Notice of Application; Correction Inc. to import the basic classes of Deputy Assistant Administrator, Office of controlled substances is consistent with Diversion Control, Drug Enforcement By Notice dated December 21, 2004, Administration. the public interest and with United and published in the Federal Register States obligations under international [FR Doc. 05–6794 Filed 4–5–05; 8:45 am] on January 4, 2005, (70 FR 390), the treaties, conventions, or protocols in BILLING CODE 4410–09–P listing of controlled substances N– effect on May 1, 1971, at this time. DEA Ethylamphetamine (1475), 2,5– has investigated Cambrex Charles City, DEPARTMENT OF JUSTICE Dimethoxyamphetamine (7396), 4– Inc. to ensure that the company’s Methoxyamphetamine (7411), and registration is consistent with the public Drug Enforcement Administration Difenoxin (9168), were inadvertently interest. The investigation has included added for Chattem Chemicals, Inc., 3801 inspection and testing of the company’s Importer of Controlled Substances; St. Elmo Avenue, Building 18, physical security systems, verification Notice of Registration Chattanooga, Tennessee 37409. The of the company’s compliance with state Notice of Application should be and local laws, and a review of the By notice dated December 21, 2004 corrected by deleting N– company’s background and history. and published in the Federal Register Ethylamphetamine (1475), 2,5– Therefore, pursuant to 21 U.S.C. on January 4, 2005 (70 FR 389), Dimethoxyamphetamine (7396), 4– Sections 952(a) and 958(a), and in Cambrex Charles City, Inc., 1205 11th Methoxyamphetamine (7411), and accordance with 21 CFR 1301.34, the Street, Charles City, Iowa 50616, made Difenoxin (9168). above named company is granted application by renewal to the Drug registration as an importer of the basic Enforcement Administration (DEA) to Dated: March 29, 2005. class of controlled substance listed. be registered as an importer of William J. Walker, Phenylacetone (8501), a basic class of Deputy Assistant Administrator, Office of Dated: March 29, 2005. controlled substances listed in Schedule Diversion Control, Drug Enforcement William J. Walker, II. Administration. Deputy Assistant Administrator, Office of The company plans to import the [FR Doc. 05–6788 Filed 4–5–05; 8:45 am] Diversion Control, Drug Enforcement phenylacetone to manufacture BILLING CODE 4410–09–P Administration. amphetamine for distribution to its [FR Doc. 05–6795 Filed 4–5–05; 8:45 am] customers. BILLING CODE 4410–09–P No comments or objections have been DEPARTMENT OF JUSTICE received. DEA has considered the factors in 21 U.S.C. 823(a) and 952(a) Drug Enforcement Administration DEPARTMENT OF JUSTICE and determined that the registration of Importer of Controlled Substances; Cambrex Charles City, Inc. to import the Drug Enforcement Administration Notice of Registration basic classes of controlled substances is Manufacturer of Controlled consistent with the public interest and By Notice dated December 21, 2004 Substances; Notice of Application; with United States obligations under and published in the Federal Register Correction international treaties, conventions, or on January 4, 2005, (70 FR 390), protocols in effect on May 1, 1971, at Chattem Chemicals Inc., 3801 St. Elmo By notice dated July 21, 2004, and this time. DEA has investigated Avenue, Building 18, Chattanooga, published in the Federal Register on Cambrex Charles City, Inc. to ensure Tennessee 37409, made application by August 10, 2004 (69 FR 48522), Dade that the company’s registration is renewal to the Drug Enforcement Behring Inc., Route 896 Corporate consistent with the public interest. The Administration (DEA) to be registered as Boulevard, Building 100, Attention: RA/ investigation has included inspection an importer of the basic classes of QA, Post Office Box 6101, Newark, and testing of the company’s physical controlled substances listed in Schedule Delaware 19717 made application by security systems, verification of the I and II: renewal to the Drug Enforcement company’s compliance with state and Administration (DEA) to be registered as local laws, and a review of the Drug Schedule a bulk manufacturer, and to modify its company’s background and history. address. The address modification was Therefore, pursuant to 21 U.S.C. 952(a) N–Ethylamphetamine (1475) ...... I inadvertently omitted. The state of

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Delaware renamed the road where the Dated: March 29, 2005. DEPARTMENT OF JUSTICE facility is located, thus causing the William J. Walker, address to change. The address should Deputy Assistant Administrator, Office of Drug Enforcement Administration be modified to read: Dade Behring Inc., Diversion Control, Drug Enforcement Manufacturer of Controlled 100 GBC Drive MS514, Post Office Box Administration. Substances; Notice of Application; 6101, Attention: RA/QS, Newark, [FR Doc. 05–6790 Filed 4–5–05; 8:45 am] Correction Delaware 19714–6101. BILLING CODE 4410–09–P The Notice dated December 21, 2004, Dated: March 29, 2005. and published in the Federal Register William J. Walker, DEPARTMENT OF JUSTICE on January 4, 2005, (70 FR 393), the Deputy Assistant Administrator, Office of drug code for Fentanyl was incorrect, Diversion Control, Drug Enforcement Drug Enforcement Administration for Organichem Corporation, 33 Administration. Riverside Avenue, Rensselaer, New [FR Doc. 05–6789 Filed 4–5–05; 8:45 am] Importer of Controlled Substances; York 12144. The correct drug code for BILLING CODE 4410–09–P Notice of Registration Fentanyl is (9801). The Notice of Application should be corrected to By notice dated February 17, 2005, reflect Fentanyl (9801). DEPARTMENT OF JUSTICE and published in the Federal Register Dated: March 29, 2005. on February 28, 2005 (70 FR 9677– Drug Enforcement Administration William J. Walker, 9678), JFC Technologies, LLC, 100 West Deputy Assistant Administrator, Office of Main Street, PO Box 669, Bound Brook, Importer of Controlled Substances; Diversion Control, Drug Enforcement 08805, made application by Administration. Notice of Registration renewal to the Drug Enforcement [FR Doc. 05–6793 Filed 4–5–05; 8:45 am] By notice dated November 8, 2004, Administration (DEA) to be registered as BILLING CODE 4410–09–P and published in the Federal Register an importer of Meperidine-Intermediate B (9233), a basic class of controlled on November 22, 2004 (69 FR 67963), DEPARTMENT OF JUSTICE ISP Freetown Fine Chemicals, 238 substance listed in Schedule II. South Main Street, Assonet, The company plans to import the Drug Enforcement Administration Massachusetts 02702, made application listed controlled substances for by renewal to the Drug Enforcement manufacture of controlled substances in Importer of Controlled Substances; Administration (DEA) to be registered as bulk for distribution to its customers. Notice of Application an importer of Phenylacetone (8501), a No comments or objections have been Pursuant to 21 U.S.C. 958(i), the basic class of controlled substance listed received. DEA has considered the Attorney General shall, prior to issuing in Schedule II. factors in 21 U.S.C. 823(a) and 952(a) a registration under this Section to a The company plans to import and determined that the registration of bulk manufacturer of a controlled Phenylacetone to be used in the JFC Technologies, LLC to import the substance in Schedule I or II and prior manufacture of amphetamine. basic classes of controlled substances is to issuing a registration under 21 U.S.C. 952 (a) (2) (B) authorizing the No comments or objections have been consistent with the public interest and with United States obligations under importation of such a substance, received. DEA has considered the provide manufacturers holding factors in 21 U.S.C. 823(a) and 952(a) international treaties, conventions, or protocols in effect on May 1, 1971, at registrations for the bulk manufacture of and determined that the registration of the substance an opportunity for a ISP Freetown Fine Chemicals to import this time. DEA has investigated JFC Technologies, LLC to ensure that the hearing. the basic classes of controlled Therefore, in accordance with 21 CFR company’s registration is consistent substances is consistent with the public 1301.34(a), this is notice that on interest and with United States with the public interest. The February 1, 2005, Penick Corporation, obligations under international treaties, investigation has included inspection 158 Mount Olivet Avenue, Newark, conventions, or protocols in effect on and testing of the company’s physical New Jersey 07114, made application by May 1, 1971, at this time. DEA has security systems, verification of the renewal to the Drug Enforcement investigated ISP Freetown Fine company’s compliance with state and Administration (DEA) to be registered as Chemicals to ensure that the company’s local laws, and a review of the an importer of the basic classes of registration is consistent with the public company’s background and history. controlled substances listed in interest. The investigation has included Therefore, pursuant to 21 U.S.C. 952(a) Schedules II: inspection and testing of the company’s and 958(a), and in accordance with 21 Drug Schedule physical security systems, verification CFR 1301.34, the above named company is granted registration as an importer of of the company’s compliance with state Coca Leaves (9040) ...... II the basic class of controlled substance and local laws, and a review of the Raw Opium (9600) ...... II company’s background and history. listed. Poppy Straw (9650) ...... II Therefore, pursuant to 21 U.S.C. 952(a) Dated: March 29, 2005. Poppy Straw Concentrate (9670) II and 958(a), and in accordance with 21 William J. Walker, The company plans to import the CFR 1301.34, the above named company Deputy Assistant Administrator, Office of listed controlled substances to is granted registration as an importer of Diversion Control, Drug Enforcement manufacturer bulk controlled the basic class of controlled substance Administration. substances and non-controlled listed. [FR Doc. 05–6798 Filed 4–5–05; 8:45 am] substance flavor extracts. BILLING CODE 4410–09–P Any manufacturer who is presently, or is applying to be, registered with DEA

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to manufacture such basic classes of The company plans to manufacture DEPARTMENT OF JUSTICE controlled substances may file the listed controlled substance in bulk comments or objections to the issuance for conversion into non-controlled Drug Enforcement Administration of the proposed registration and may, at substances. Importer of Controlled Substances; the same time, file a written request for Any other such applicant and any a hearing on such application pursuant Notice of Application person who is presently registered with to 21 CFR 1301.43 and in such form as DEA to manufacture such a substance Pursuant to 21 U.S.C. 958(i), the prescribed by 21 CFR 1316.47. Attorney General shall, prior to issuing Any such written comments or may file comments or objections to the issuance of the proposed registration a registration under this Section to a objections being sent via regular mail bulk manufacturer of a controlled pursuant to 21 CFR 1301.33(a). may be addressed, in quintuplicate, to substance in Schedule I or II and prior the Deputy Assistant Administrator, Any such written comments or to issuing a regulation under 21 U.S.C. Office of Diversion Control, Drug objections being sent via regular mail 952(a)(2)(B) authorizing the importation Enforcement Administration, may be addressed, in quintuplicate, to of such a substance, provide Washington, DC 20537, Attention: DEA the Deputy Assistant Administrator, manufacturers holding registrations for Federal Register Representative, Liaison Office of Diversion Control, Drug the bulk manufacture of the substance and Policy Section (ODL); or any being Enforcement Administration, an opportunity for a hearing. sent via express mail should be sent to Washington, DC 20537, Attention: DEA Therefore, in accordance with 21 CFR DEA Headquarters, Attention: DEA Federal Register Representative, Liaison 1301.34(a), this is notice that on January Federal Register Representative/ODL, and Policy Section (ODL); or any being 7, 2005, Sigma Aldrich Company, 2401 Jefferson-Davis Highway, sent via express mail should be sent to Subsidiary of Sigma-Aldrich Alexandria, Virginia 22301; and must be DEA Headquarters, Attention: DEA Corporation, 3500 Dekalb Street, St. filed no later than May 6, 2005. Louis, 63118, made This procedure is to be conducted Federal Register Representative/ODL, 2401 Jefferson-Davis Highway, application by renewal to the Drug simultaneously with and independent Enforcement Administration (DEA) to of the procedures described in 21 CFR Alexandria, Virginia 22301; and must be filed no later than June 6, 2005. be registered as an importer of the basic 1301.34(b), (c), (d), (e) and (f). As noted classes of controlled substances listed in in a previous notice published in the Dated: March 29, 2005. Schedule I and II: Federal Register on September 23, 1975, William J. Walker, (40 FR 43745–46), all applicants for Deputy Assistant Administrator, Office of Drug Schedule registration to import a basic class of Diversion Control, Drug Enforcement any controlled substance listed in Cathinone (1235) ...... I Administration. Methcathinone (1237) ...... I Schedule I or II are, and will continue [FR Doc. 05–6799 Filed 4–5–05; 8:45 am] to be required to demonstrate to the Aminorex (1585) ...... I BILLING CODE 4410–09–P Gamma Hydroxybutyric Acid I Deputy Assistant Administrator, Office (2010). of Diversion Control, Drug Enforcement Methaqualone (2565) ...... I Administration, that the requirements DEPARTMENT OF JUSTICE Ibogaine (7260) ...... I for such registration pursuant to 21 Lysergic acid diethylamide (7315) I U.S.C. 958(a), 21 U.S.C. 823(a), and 21 Drug Enforcement Administration Mescaline (7381) ...... I CFR 1301.34(b), (c), (d), (e) and (f) are 4-Bromo-2,5-dimethoxy-amphet- I satisfied. amine (7391). Manufacturer of Controlled 4-Bromo-2,5- I Dated: March 29, 2005. Substances; Notice of Application; dimethoxyphenethylamine William J. Walker, Correction (7392). Deputy Assistant Administrator, Office of 2,5-Dimethoxyamphetamine I Diversion Control, Drug Enforcement By notice dated February 23, 2005, (7396). Administration. and published in the Federal Register 3,4-Methylenedioxyamphetamine I (7400). [FR Doc. 05–6786 Filed 4–5–05; 8:45 am] on March 4, 2005 (70 FR 10683), the N-Hydroxy-3,4- I BILLING CODE 4410–09–P listing of controlled substances methylenedioxyamphetamine Oxycodone (9143) and Morphine (9300), (7402). were inadvertently omitted, for 3,4-Methylenedioxy-N- I DEPARTMENT OF JUSTICE Siegfried (USA), Inc., Industrial Park ethylamphetamine (7404). Road, Pennsville, New Jersey 08070. 3,4- I Drug Enforcement Administration The Notice of Application should be Methylenedioxymethamphetam- ine (MDMA) (7405). Manufacturer of Controlled corrected to include Oxycodone (9143) 4-Methoxyamphetamine (7411) ... I Substances; Notice of Application and Morphine (9300). Bufotenine (7433) ...... I Dated: March 29, 2005. Psilocyn (7438) ...... I Pursuant to section 1301.33(a) of Title Benzylpiperazine (BZP) (7493) .... I 21 of the Code of Federal Regulations William J. Walker, 1-(alpha, alpha, alpha-trifluoro-m- I (CFR), this is notice that on February 8, Deputy Assistant Administrator, Office of tolyl) Piperazine (TEMPP) 2005, Polaroid Corporation, 1265 Main Diversion Control, Drug Enforcement (7494). Street, Building W6, Waltham, Administration. Heroin (9200) ...... I Massachusetts 02454, made application [FR Doc. 05–6791 Filed 4–5–05; 8:45 am] Normorphine (9313) ...... I by renewal to the Drug Enforcement Etonitazene (9624) ...... I BILLING CODE 4410–09–P Amphetamine (1100) ...... II Administration (DEA) to be registered as Methamphetamine (1105) ...... II a bulk manufacturer of 2,5- Methylphenidate (1724) ...... II Dimethoxyamphetamine (7396), a basic Amobarbital (2125) ...... II class of controlled substance listed in Pentobarbital (2270) ...... II Schedule I. Secobarbital (2315) ...... II

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Drug Schedule Dated: March 29, 2005. This procedure is to be conducted William J. Walker, simultaneously with and independent Glutethimide (2550) ...... II Deputy Assistant Administrator, Office of of the procedures described in 21 CFR Phencyclidine (7471) ...... II Diversion Control, Drug Enforcement 1301.34(b), (c), (d), (e) and (f). As noted Cocaine (9041) ...... II Administration. in a previous notice published in the Codeine (9050) ...... II [FR Doc. 05–6792 Filed 4–5–05; 8:45 am] Federal Register on September 23, 1975, Diprenorphine (9058) ...... II (40 FR 43745–46), all applicants for Oxycodone (9143) ...... II BILLING CODE 4410–09–P Hydromorphone (9150) ...... II registration to import a basic class of Ecgonine (9180) ...... II any controlled substance listed in Ethylmorphine (9190) ...... II DEPARTMENT OF JUSTICE Schedule I or II are, and will continue Hydrocodone (9193) ...... II to be required to demonstrate to the Levorphanol (9220) ...... II Drug Enforcement Administration Deputy Assistant Administrator, Office Meperidine (9230) ...... II of Diversion Control, Drug Enforcement Methadone (9250) ...... II Importer of Controlled Substances; Administration, that the requirements Dextropropoxyphene, bulk (non- II Notice of Application for such registration pursuant to 21 dosage forms) (9273). U.S.C. 958(a), 21 U.S.C. 823(a), and 21 Morphine (9300) ...... II Pursuant to 21 U.S.C. 958(i), the Thebaine (9333) ...... II Attorney General shall, prior to issuing CFR 1301.34(b), (c), (d), (e) and (f) are Opium powdered (9649) ...... II a registration under this Section to a satisfied. Oxymorphone (9652) ...... II bulk manufacturer of a controlled Dated: March 29, 2005. Fentanyl (9801) ...... II substance in Schedule I or II and prior William J. Walker, to issuing a regulation under 21 U.S.C. Deputy Assistant Administrator, Office of The company plans to import the 952(a)(2)(B) authorizing the importation Diversion Control, Drug Enforcement listed controlled substances for drug of such a substance, provide Administration. testing and analysis. manufacturers holding registrations for [FR Doc. 05–6801 Filed 4–5–05; 8:45 am] Any manufacturer who is presently, the bulk manufacture of the substance BILLING CODE 4410–09–P or is applying to be, registered with DEA an opportunity for a hearing. to manufacture such basic classes of Therefore, in accordance with 21 CFR DEPARTMENT OF JUSTICE controlled substances may file 1301.34(a), this is notice that on January 26, 2005, Stepan Company, Natural comments or objections to the issuance Drug Enforcement Administration of the proposed registration and may, at Products Department, 100 W. Hunter Avenue, Maywood, New Jersey 07607, the same time, file a written request for Manufacturer of Controlled made application by renewal to the a hearing on such application pursuant Substances; Notice of Application to 21 CFR 1301.43 and in such form as Drug Enforcement Administration prescribed by 21 CFR 1316.47. (DEA) to be registered as an importer of Pursuant to Section 1301.33(a) of Title Coca Leaves (9040), a basic class of 21 of the Code of Federal Regulations Any such written comments or controlled substance listed in Schedule (CFR), this is notice that on February 16, objections being sent via regular mail II. 2005, Varian, Inc., Lake Forest, 25200 may be addressed, in quintuplicate, to The company plans to import the Commercentre Drive, Lake Forest, the Deputy Assistant Administrator, listed controlled substance for the California 92630–8810, made Office of Diversion Control, Drug manufacture of bulk controlled application by renewal to the Drug Enforcement Administration, substances and distribution to its Enforcement Administration (DEA) to Washington, DC 20537, Attention: DEA customers. be registered as a bulk manufacturer of Federal Register Representative, Liaison Any manufacturer who is presently, the basic classes of controlled and Policy Section (ODL); or any being or is applying to be, registered with DEA substances listed in Schedules II: sent via express mail should be sent to to manufacture such basic classes of DEA Headquarters, Attention: DEA controlled substances may file Drug Schedule Federal Register Representative/ODL, comments or objections to the issuance 2401 Jefferson-Davis Highway, of the proposed registration and may, at Phencyclidine (7471) ...... II 1–Piperidinocyclohexane- II Alexandria, Virginia 22301; and must be the same time, file a written request for filed no later than May 6, 2005. carbonitrile (8603). a hearing on such application pursuant Benzoylecgonine (9180) ...... II This procedure is to be conducted to 21 CFR 1301.43 and in such form as simultaneously with and independent prescribed by 21 CFR 1316.47. The company plans to manufacture of the procedures described in 21 CFR Any such written comments or small quantities of the listed controlled 1301.34(b), (c), (d), (e) and (f). As noted objections being sent via regular mail substances for use in diagnostic in a previous notice published in the may be addressed, in quintuplicate, to products. Federal Register on September 23, 1975 the Deputy Assistant Administrator, Any other such applicant and any (40 FR 43745–46), all applicants for Office of Diversion Control, Drug person who is presently registered with registration to import a basic class of Enforcement Administration, DEA to manufacture such a substance any controlled substance in Schedule I Washington, DC 20537, Attention: DEA may file comments or objections to the or II are and will continue to be required Federal Register Representative, Liaison issuance of the proposed registration to demonstrate to the Deputy Assistant and Policy Section (ODL); or any being pursuant to 21 CFR 1301.33(a). Administrator, Office of Diversion sent via express mail should be sent to Any such written comments or Control, Drug Enforcement DEA Headquarters, Attention: DEA objections being sent via regular mail Administration, that the requirements Federal Register Representative/ODL, may be addressed, in quintuplicate, to for such registration pursuant to 21 2401 Jefferson-Davis Highway, the Deputy Assistant Administrator, U.S.C. 958(a), 21 U.S.C. 823(a), and 21 Alexandria, Virginia 22301; and must be Office of Diversion Control, Drug CFR 1301.34(b), (c),(d),(e) and (f) are filed no later than (30 days from Enforcement Administration, satisfied. publication). Washington, DC 20537, Attention: DEA

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Federal Register Representative, Liaison Send comments to Mr. Gerald B. independent fiduciary, either by and Policy Section (ODL); or any being Lindrew, Office of Policy and Research, confirmation slips or through quarterly sent via express mail should be sent to U.S. Department of Labor, Employee reports. The fifth requirement calls for DEA Headquarters, Attention: DEA Benefits Security Administration, 200 the broker-fiduciary to provide an Federal Register Representative/ODL, Constitution Avenue, NW., Room N– annual summary of the transactions. 2401 Jefferson-Davis Highway, 5647, Washington, DC 20210. The annual summary must contain all Alexandria, Virginia 22301; and must be Telephone: (202) 693–8410. Fax: (202) security transaction-related charges filed no later than (60 days from 693–4745 (These are not toll-free incurred by the plan, the brokerage publication). numbers). placement practices, and a portfolio turnover ratio. Dated: March 29, 2005. SUPPLEMENTARY INFORMATION: William J. Walker, II. Review Focus I. Background Deputy Assistant Administrator, Office of The Department is particularly Prohibited Transaction Class Diversion Control, Drug Enforcement interested in comments that: Administration. Exemption 86–128 permits persons who • Evaluate whether the proposed [FR Doc. 05–6796 Filed 4–5–05; 8:45 am] serve as fiduciaries for employee benefit collection of information is necessary BILLING CODE 4410–09–P plans to effect or execute securities for the proper performance of the transactions on behalf of employee functions of the agency, including benefit plans. The exemption also whether the information will have DEPARTMENT OF LABOR allows sponsors of pooled separate practical utility; accounts and other pooled investment • Evaluate the accuracy of the Employee Benefits Security funds to use their affiliates to effect or agency’s estimate of the burden of the Administration execute securities transactions for such proposed collection of information, accounts in order to recapture brokerage including the validity of the Proposed Extension of Information commissions for benefit of employee methodology and assumptions used; Collection Request Submitted for benefit plans whose assets are • Enhance the quality, utility, and Public Comment and maintained in pooled separate accounts clarity of the information to be Recommendations; PTE 86–128 managed by the insurance companies. collected; and This exemption provides relief from • Minimize the burden of the ACTION: Notice. certain prohibitions in section 406(b) of collection of information on those who the Employee Retirement Income are to respond, including through the SUMMARY: The Department of Labor Security Act of 1974 (ERISA) and from use of appropriate automated, (Department), as part of its continuing the taxes imposed by section 4975(a) electronic, mechanical, or other effort to reduce paperwork and and (b) of the Internal Revenue Code of technological collection techniques or respondent burden, conducts a 1986 (the Code) by reason of Code other forms of information technology, preclearance consultation program to section 4975(c)(1)(E) or (F). e.g., permitting electronic submissions provide the general public and Federal In order to insure that the exemption of responses. agencies with an opportunity to is not abused, that the rights of comment on proposed and continuing participants and beneficiaries are III. Current Actions collections of information in accordance protected, and that the exemption’s The Department is requesting an with the Paperwork Reduction Act of conditions are being complied with, the extension of the currently approved ICR 1995 (PRA 95). This program helps to Department has included in the pertaining to Prohibited Transaction ensure that requested data can be exemption five information collection Class Exemption 86–128 for certain provided in the desired format, requirements. The first requirement is transactions involving employee benefit reporting burden (time and financial written authorization executed in plans and securities broker-dealers. The resources) is minimized, collection advance by an independent fiduciary of Department is not proposing or instruments are clearly understood, and the plan whose assets are involved in implementing changes to the existing the impact of collection requirements on the transaction with the broker- ICR at this time. respondents can be properly assessed. fiduciary. The second requirement is, Agency: Department of Labor, Currently, the Employee Benefits within three months of the Employee Benefits Security Security Administration is soliciting authorization, the broker-fiduciary Administration. comments concerning the proposed furnish the independent fiduciary with Title: PTE 86–128 for Certain extension of a currently approved any reasonably available information Transactions Involving Employee collection of information, Prohibited necessary for the independent fiduciary Benefit Plans and Securities Broker- Transaction Class Exemption 86–128 for to determine whether an authorization Dealers. certain transactions involving employee should be made. The information must Type of Review: Extension of a benefit plans and securities broker- include a copy of the exemption, a form currently approved collection. dealers. for termination, and a description of the OMB Numbers: 1210–0059. Affected Public: Individuals or A copy of the proposed information broker-fiduciary’s brokerage placement households; Business or other for-profit; collection request (ICR) can be obtained practices. The third requirement is that Not-for-profit institutions. by contacting the office listed below in the broker-fiduciary must provide a the ADDRESSES section of this notice. Total Respondents: 4,200. termination form to the independent Total Responses: 284,000. DATES: Written comments must be fiduciary annually so that the Frequency of Response: Quarterly; submitted to the office listed in the independent fiduciary may terminate Annually. ADDRESSES section below on or before the authorization without penalty to the Total Annual Burden: 93,530 hours. June 6, 2005. plan; failure to return the form Total Annual Cost (Operating & ADDRESSES: Interested parties are constitutes continuing authorization. Maintenance): $183,550. invited to submit written comments The fourth requirement is for the broker- Comments submitted in response to regarding the collection of information. fiduciary to report all transactions to the this request will be summarized and/or

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included in the request for Office of amendment must be received by the annual effect on the economy of $100 Management and Budget approval of the Department by June 6, 2005. million or more, or adversely and information collection request; they will ADDRESSES: All written comments and materially affecting a sector of the also become a matter of public record. requests for a public hearing (preferably economy, productivity, competition, Dated: March 31, 2005. three copies) concerning the proposed jobs, the environment, public health or safety, or State, local or tribal Gerald B. Lindrew, amendment should be sent to: U.S. Department of Labor, Employee Benefits governments or communities (also Deputy Director, Office of Policy and referred to as ‘‘economically Research, Employee Benefits Security Security Administration, Room N–5649, Administration. 200 Constitution Avenue, NW., significant’’); (2) creating serious inconsistency or otherwise interfering [FR Doc. 05–6751 Filed 4–5–05; 8:45 am] Washington, DC 20210, (Attention: with an action taken or planned by BILLING CODE 4510–29–P Amendment to the VFC Program Exemption D–11261). Comments and another agency; (3) materially altering requests for a hearing alternatively may the budgetary impacts of entitlement DEPARTMENT OF LABOR be sent by fax to (202) 219–0204 or grants, user fees, or loan programs or the submitted electronically to rights and obligations of recipients Employee Benefits Security [email protected] by the end of the thereof; or (4) raising novel legal or Administration comment period. All comments policy issues arising out of legal received from interested persons will be mandates, the President’s priorities, or the principles set forth in the Executive [Application No. D–11261] available for public inspection in EBSA’s Public Disclosure Room, N– Order. OMB has determined that this Proposed Amendment to Prohibited 1513, Employee Benefits Security proposed amendment is not a Transaction Exemption 2002–51 (PTE Administration, U.S. Department of ‘‘significant regulatory action’’ under 2002–51) To Permit Certain Labor, 200 Constitution Avenue, NW., Executive Order 12866, section 3(f). Transactions Identified in the Washington, DC 20210. Accordingly, an assessment of the potential costs and benefits under Voluntary Fiduciary Correction FOR FURTHER INFORMATION CONTACT: section 6(a)(3) of that order is not Program Brian J. Buyniski, Office of Exemption required. In order to better inform the Determinations, Employee Benefits AGENCY: Employee Benefits Security public, the Department has, however, Security Administration, U.S. Administration, Department of Labor. included a brief analysis of the Department of Labor, Room N–5649, applicable costs and benefits of the ACTION: Notice of proposed amendment 200 Constitution Avenue, NW., to PTE 2002–51. proposed amendment. Washington, DC 20210, (202) 693–8545 PTE 2002–51 provides relief from the (this is not a toll free number). SUMMARY: This document contains a sanctions resulting from the application notice of pendency before the SUPPLEMENTARY INFORMATION: Notice is of section 4975(a) and (b) of the Code, Department of Labor (the Department) of hereby given of the pendency before the by reason of section 4975(c)(1)(A) a proposed amendment to PTE 2002–51 Department of a proposed amendment through (E) of the Code. In general, the (67 FR 70623 November 25, 2002). PTE to PTE 2002–51. PTE 2002–51 provides exemption enhances the benefits of 2002–51 is a class exemption that relief from the sanctions resulting from participation in the VFC Program by provides relief from certain prohibited the application of section 4975(a) and granting relief from excise taxes under transaction restrictions imposed by (b) of the Code, by reason of section section 4975 for breaches of fiduciary section 4975 of the Internal Revenue 4975(c)(1)(A) through (E) of the Code. duty that are prohibited transactions. Code (the Code) of 1986 for certain The proposed amendment would The class exemption will have positive eligible transactions identified in the expand the relief under the exemption economic effects by eliminating such Department’s Voluntary Fiduciary to additional transactions included in excise taxes and promoting increased Correction (VFC) Program, which was the revised VFC Program. The participation in the VFC Program. The adopted on March 28, 2002. This Department is proposing to amend PTE purpose of the VFC Program is to exemption is being proposed in 2002–51 on its own motion pursuant to encourage the correction of breaches of conjunction with the Department’s section 4975(c)(2) of the Code, and in fiduciary duty, resulting in the recovery Amendment and Restatement of the accordance with the procedures set of lost earnings or profits for the benefit VFC Program (revised VFC Program), forth in 29 CFR 2570, subpart B (55 FR of plan participants and beneficiaries. 1 which is being published 32836, August 10, 1990). The Department has assumed that not all Plan Officials that apply to the VFC simultaneously in this issue of the Executive Order 12866 Statement Federal Register. The VFC Program Program will necessarily take advantage Under Executive Order 12866, the allows certain persons to avoid potential of the excise tax relief provided under Department must determine whether a the exemption, either by choice or civil actions under the Employee regulatory action is ‘‘significant’’ and because the corrected transaction is not Retirement Income Security Act of 1974 therefore subject to the requirements of an eligible transaction to which this (ERISA) initiated by the Department and the Executive Order and subject to exemption applies. The Department has the assessment of civil penalties under review by the Office of Management and assumed that as many as one half of all section 502(l) of ERISA in connection Budget (OMB). Under section 3(f) of the applicants who take the opportunity to with an investigation or civil action by Executive Order, a ‘‘significant voluntarily correct a violation under the the Department. If granted, the proposed regulatory action’’ is an action that is Program, or 350 Plan Officials annually, amendment to PTE 2002–51 would likely to result in a rule: (1) Having an will choose to avail themselves of the affect plans, participants and opportunity for excise tax relief. beneficiaries of such plans and certain 1 Section 102 of Reorganization Plan No. 4 of This amendment to PTE 2002–51 is other persons engaging in such 1978 (43 FR 47713, October 17, 1978, 5 U.S.C. App. proposed in connection with the transactions. 1 [1996]) generally transferred the authority of the Secretary of the Treasury to issue administrative Amendment and Restatement of the DATES: Written comments and requests exemptions under section 4975(c)(2) of the Code of VFC Program (revised VFC Program), for a public hearing on the proposed the Secretary of Labor. which is published in this issue of the

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Federal Register. This proposed information collection provisions of this (B) The making of a loan by a plan at amendment would expand the relief proposed exemption are unchanged a fair market interest rate to a party in under the exemption to an additional from those of existing PTE 2002–51, no interest 3 with respect to the plan. transaction included in the revised VFC submission is made to OMB in (C) The purchase or sale of an asset Program. As described in detail below, connection with these proposed (including real property) between a plan the additional eligible transaction amendments. and a party in interest at fair market generally includes the purchase of an value. asset by a plan where the asset has been Background (D) The sale of real property to a plan determined to be illiquid as described in Title I of ERISA, which establishes by the employer and leaseback of such the revised VFC Program, and the sale certain standards of conduct for property to the employer, at fair market of the illiquid asset by the plan to a fiduciaries of employee benefit plans value and fair market rental value, party in interest. covered by ERISA, includes provisions respectively. The proposed addition of this eligible prohibiting fiduciaries from causing a Based on growing public utilization transaction may increase participation plan to engage in certain classes of and over two years experience in in the VFC Program, and utilization of transactions with persons defined as administering the original VFC Program, the exemption. However, the parties in interest. Similarly, Title II of EBSA has decided to amend the Department is unable to estimate the ERISA prohibits plans described in Program, effective immediately upon impact of these changes because section 4975(e)(1) of the Code from publication of a notice which is being participation in the Program has engaging in certain classes of published simultaneously in this issue steadily increased without any revisions transactions with persons defined under of the Federal Register. The Department to the Program such as those adopted the Code as disqualified persons. is amending the VFC Program, in part, today. Due to a lack of information Generally, such transactions are subject to expand the categories of eligible regarding the substantial increases, it is to taxation under section 4975 of the transactions. Specifically, the revised not possible to identify factors that Code. VFC Program will, in part, include relief under Title I of ERISA for the purchase influence the decision to participate or The VFC Program was adopted by the of an asset by a plan where the asset was to make use of the exemption, or to Department on a permanent basis in determined to be illiquid as described predict how this proposed amendment March 2002.2 Under the VFC Program, under the revised VFC Program, either would influence future participation. persons who are potentially liable for a Applicants must meet all of the from a party in interest at no greater breach can avoid the possibility of civil applicable requirements of the revised than fair market value at that time or investigations and/or civil actions VFC Program and must have received a from an unrelated third party, and the initiated by the Department for that no action letter from EBSA with respect subsequent sale of such asset to a party breach and the imposition of civil to the eligible transaction at issue. in interest, provided the plan receives penalties under section 502(l) of ERISA Additional costs will accrue to the correction amount as described in if they satisfy the conditions for applicants seeking relief under the VFC Section 5 of the revised VFC Program. correcting the breach as described in the Program and this exemption because of To the extent that the original VFC Program. The VFC Program was the notice requirements. The cost of purchase of an asset by a plan where the based on the Department’s experience preparing and distributing such notices asset was determined to be illiquid as is estimated to be about $31,000 per with the Pension Payback Program, 61 described under the revised VFC year based on the projected use of the FR 9203 (March 7, 1996), and continued Program was from a person defined as exemption by 350 applicants. This public interest in such correction a party in interest under section 3(14) of estimate does not take into account any programs. In response to comments ERISA and a disqualified person under increase related to the additional received on the VFC Program requesting section 4975(e)(2) of the Code, the eligible transaction. This cost is that the Department provide relief from transactions would violate the accounted for in burden estimates the excise taxes imposed by section prohibited transaction rules under both submitted to and approved by OMB 4975 of the Code for prohibited Title I of ERISA and section 4975 of the pursuant to the Paperwork Reduction transactions, the Department proposed a Code. Moreover, as distinguished from Act (PRA). class exemption for four of the eligible the eligible transactions covered in the transactions described in the VFC VFC Program 4 and PTE 2002–51, Paperwork Reduction Act Program. A final exemption, PTE 2002– correction as specified in the revised The Amended and Restated Voluntary 51, was published in the Federal VFC Program in the case of an asset that Fiduciary Correction Program includes a Register on November 25, 2002. The was illiquid, as described under the revision to its information collection four eligible transactions described in revised VFC Program, while owned by provisions. Accordingly, the revisions the exemption are as follows: the plan will in most instances involve have been submitted to OMB for review (A) The failure to transmit participant an additional prohibited transaction. In and approval under the PRA. Because contributions to a pension plan within the exemption is used in connection the time frames described in the 3 The Department notes that the term ‘‘party in with the Program, and for ease of public Department’s regulations at 29 CFR interest’’ was used in the description of the eligible transactions covered under PTE 2002–51 although review, the burden of the Information 2510.3–102 and/or the failure to that exemption provided, and this proposed Collection Request (ICR) in the VFC transmit participant loan repayments to amendment will provide, relief only from the Program is combined with the burden of a pension plan within a reasonable time sanctions imposed under section 4975 of the Code, the information collection provisions of after withholding or receipt by the which prohibits certain transactions between a plan and a disqualified person. For purposes of clarity, the exemption for purposes of employer. references in the exemption to a party in interest accounting for burden under the PRA. will be changed to disqualified person in the final These information collection provisions 2 67 FR 15062 (March 28, 2002). Prior to adoption exemption. are currently approved under OMB in March 2002, the VFC Program was made 4 Under the VFC Program prior to the current available on an interim basis during which the revision, correction could not be achieved by control number 1210–0118. That Department invited and considered public engaging in a new prohibited transaction. See VFC approval is scheduled to expire on comments on the Program. (See 65 FR 14164, March Program, 67 FR 15073 (March 28, 2002) Section December 31, 2006. Because the 15, 2000). 2(d).

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this regard, correction under the revised from a party in interest/disqualified prohibited under section 4975(c)(1)(F) VFC Program would permit the plan to person with respect to the plan for of the Code. dispose of the illiquid asset in a sale to $60,000 (which is the fair market value (3) Before this amendment may be a party in interest. If the party in interest of the property at the time). In April granted under section 4975(c)(2) of the that purchases the illiquid asset from 2004, Plan Officials determine that the Code, the Department must find that the the plan pursuant to the terms of the property is an illiquid asset in amendment is administratively feasible, revised VFC Program is also a accordance with the revised VFC in the interests of plans and their disqualified person under section Program. A qualified independent participants and beneficiaries, and 4975(e)(2) of the Code, then the appraiser appraises the property at a protective of the rights of participants correction permitted for holding the current fair market value of $20,000. To and beneficiaries of such plans. illiquid asset would violate the correct the transaction under the revised (4) The proposed amendment, if prohibited transaction rules under VFC Program, the plan sponsor granted, will be supplemental to, and section 4975 of the Code. purchases the property from the plan for not in derogation of other provisions of The revised VFC Program provides the Principal Amount as described in ERISA and the Code, including statutory relief for both the original acquisition of section 5(b)(2) of the revised VFC or administrative exemptions and the asset by the plan that was Program ($60,000), plus Lost Earnings as transitional rules. Furthermore, the fact determined to be illiquid under the described in section 5(b)(6) of the that a transaction is subject to an revised VFC Program, as well as the revised VFC Program. Provided that all administrative or statutory exemption is correction involving the sale of such other requirements of the revised VFC not dispositive of whether the asset to a party in interest, provided all Program are met and proper application transaction is in fact a prohibited of the requirements of the revised VFC is made to the appropriate EBSA transaction. Program are met. The Department has Regional Office, the plan sponsor (5) If granted, the proposed determined that it would be appropriate receives a no action letter with respect amendment will be applicable to a to amend PTE 2002–51 to provide to the breaches involved in the original transaction only if the conditions additional exemptive relief from the purchase by the plan of the asset and specified in the class exemption are sanctions imposed under section 4975 the subsequent sale of the illiquid asset satisfied. of the Code in conjunction with the to a party in interest. Upon compliance revision of the VFC Program. Written Comments and Hearing with the terms of PTE 2002–51, as Requests Proposed Amendment amended, the original purchase by the plan of the asset and the subsequent sale All interested persons are invited to PTE 2002–51 provided limited of the illiquid asset to the plan sponsor submit written comments or requests for exemptive relief from the excise taxes a public hearing on the proposed imposed under section 4975 of the Code will be exempt from the excise taxes imposed under section 4975 of the Code amendment to the address above and for certain eligible transactions within the time period set forth above. identified in the VFC Program. The for prohibited transactions. For the sake of convenience and clarity, the All comments received will be made proposed amendment to PTE 2002–51 part of the record and will be available will provide limited relief for an Department is restating the entire text of PTE 2002–51 in this notice of proposed for public inspection at the above additional eligible transaction identified address. in the revised VFC Program. amendment. Specifically, the proposed amendment General Information Proposed Amendment to PTE 2002–51 will cover the purchase Under section 4975(c)(2) of the Code of an asset by a plan where the asset has The attention of interested persons is and in accordance with the procedures been determined to be illiquid as directed to the following: set forth in 29 CFR part 2570, subpart described in the revised VFC Program (1) The fact that a transaction is the B (55 FR 32836, August 10, 1990), the (including real property) from a party in subject of an exemption under section Department proposes to amend Sections interest at no greater than fair market 4975(c)(2) of the Code does not relieve I and II of PTE 2002–51 as set forth value at that time, and/or the a fiduciary or other party in interest or below. subsequent sale of such asset to a party disqualified person with respect to a Section I: Eligible Transactions in interest provided the plan receives plan from certain other provisions of the correction amount as described in ERISA and the Code, including any The sanctions resulting from the Section 5 of the revised VFC Program. prohibited transaction provisions to application of section 4975(a) and (b) of The Department notes that all the which the exemption does not apply, the Code, by reason of section safeguards already embodied in PTE the requirement that all assets of an 4975(c)(1)(A) through (E) of the Code, 2002–51 must be met under the employee benefit plan be held in trust shall not apply to the following eligible amended class exemption. With respect by one or more trustees, and the general transactions described in section 7 of to the additional eligible transaction fiduciary responsibility provisions of the Voluntary Fiduciary Correction identified above, the amendment ERISA which require, among other (VFC) Program, as amended and includes a requirement that the plan pay things, that a fiduciary discharge his or restated, published simultaneously in no brokerage fees or commissions in her duties respecting the plan solely in this issue of the Federal Register, connection with the sale of the asset to the interests of the participants and provided that the applicable conditions the party in interest. beneficiaries of the plan and in a set forth in Sections II, III and IV are The additional eligible transaction prudent fashion; nor does it affect the met: may be illustrated by the following requirement of section 401(a) of the A. Failure to transmit participant example: Code that the plan must operate for the contributions to a pension plan within Example: Corporation D sponsors a exclusive benefit of the employees of the time frames described in the pension plan for its employees. the employer maintaining the plan and Department’s regulation at 29 CFR Corporation D’s plan has total assets of their beneficiaries. section 2510.3–102. (See VFC Program, $1,000,000. In June 1999, the plan (2) The proposed amendment, if section 7.A.1.), and/or the failure to purchases undeveloped real property granted, will not extend to transactions transmit participant loan repayments to

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a pension plan within a reasonable time arrangement or understanding designed Section IV: Notice after withholding or receipt by the to benefit a party in interest. A. Written notice of the transaction(s) employer. F. (1) With respect to any transaction for which the applicant is seeking relief B. Loan at a fair market interest rate described in Section I, the applicant has pursuant to the revised VFC Program, to a party in interest with respect to a not taken advantage of the relief and this exemption, and the method of plan. (See VFC Program, section 7.B.1.). provided by the VFC Program and this correcting the transaction, was provided C. Purchase or sale of an asset exemption for a similar type of to interested persons within 60 calendar (including real property) between a plan transaction(s) identified in the current days following the date of the and a party in interest at fair market application during the period which is submission of an application under the value. (See VFC Program, sections 7.D.1. three years prior to submission of the revised VFC Program. A copy of the and 7.D.2.). current application. notice was provided to the appropriate D. Sale of real property to a plan by (2) Notwithstanding the foregoing, Regional Office of the United States the employer and the leaseback of the Section II.F.(1) shall not apply to an Department of Labor, Employee Benefits property to the employer, at fair market applicant provided that: Security Administration within the value and fair market rental value, (a) The applicant was a broker-dealer same 60-day period, and the applicant respectively. (See VFC Program, section registered under the Securities indicated the date upon which notice 7.D.3.). Exchange Act of 1934, a bank was distributed to interested persons. E. Purchase of an asset by a plan supervised by the United States or a Plan assets were not used to pay for the where the asset has been determined to State thereof, a broker-dealer or bank notice. The notice included an objective be illiquid (including real property) as subject to foreign government description of the transaction and the described under the revised VFC regulation, an insurance company steps taken to correct it, written in a Program from a party in interest at no qualified to do business in a State, or an manner reasonably calculated to be greater than fair market value at that affiliate thereof; understood by the average Plan time, and/or the subsequent sale of such (b) The applicant was a party in participant or beneficiary. The notice asset to a party in interest, provided the interest (including a fiduciary) solely by provided for a period of 30 calendar plan receives the correction amount as reason of providing services to the plan days, beginning on the date the notice described in section 5(b) of the Program. or solely by reason of a relationship to was distributed, for interested persons (See VFC Program, as amended, section such service provider described in to provide comments to the appropriate 7.D.6.). section 3(14)(F), (G), (H) or (I) of ERISA Regional Office. The notice included the (and/or the corresponding provisions of Section II: Conditions address and telephone number of such section 4975 of the Code); Regional Office. A. With respect to a transaction (c) Neither the applicant nor any B. Notice was given in a manner that involving participant contributions or affiliate (i) was a fiduciary (within the was reasonably calculated, taking into loan repayments to pension plans meaning of section 3(21)(A) of ERISA) consideration the particular described in Section I.A., the with respect to the assets of the plan circumstances of the plan, to result in contributions or repayments were involved in the transaction and (ii) used the receipt of such notice by interested transmitted to the pension plan not its discretion to cause the plan to engage persons, including but not limited to more than 180 calendar days from the in the transaction; posting, regular mail, or electronic mail, date the amounts were received by the (d) Individuals acting on behalf of the or any combination thereof. The notice employer (in the case of amounts that a applicant had no actual knowledge or informed interested persons of the participant or beneficiary pays to an reason to know that the transaction was applicant’s participation in the revised employer) or the date the amounts not exempt pursuant to a statutory or VFC Program as amended and intention otherwise would have been payable to administrative exemption under ERISA of availing itself of relief under the the participant in cash (in the case of and/or the Code; and exemption. amounts withheld by an employer from (e) Prior to the transaction, the Signed at Washington, DC, this 30th day of a participant’s wages). applicant established written policies March, 2005. B. With respect to the transactions and procedures that were reasonably Ivan L. Strasfeld, described in Sections I.B., I.C., I.D., or designed to ensure compliance with the Director of Exemption Determinations, I.E., the plan assets involved in the prohibited transaction rules and the Employee Benefits, Security Administration, transaction, or series of related applicant engaged in periodic U.S. Department of Labor. transactions, did not, in the aggregate, monitoring for compliance. [FR Doc. 05–6626 Filed 4–5–05; 8:45 am] exceed 10 percent of the fair market G. With respect to a transaction BILLING CODE 4510–29–P value of all the assets of the plan at the involving a sale of an illiquid asset time of the transaction. under the VFC Program by the plan to C. The fair market value of any plan a party in interest described in Section NATIONAL AERONAUTICS AND asset involved in a transaction described I.E., the plan paid no brokerage fees, or SPACE ADMINISTRATION in Sections I.C., I.D., or I.E. was commissions in connection with the determined in accordance with section sale of the asset. [Notice 05–068] 5 of the VFC Program. D. The terms of a transaction Section III: Compliance With the NASA Advisory Council, Financial described in Sections I.B., I.C., I.D., or Revised VFC Program Audit Committee, Meeting I.E., were at least as favorable to the A. The applicant has met all of the AGENCY: National Aeronautics and plan as the terms generally available in applicable requirements of the revised Space Administration. arm’s-length transactions between VFC Program. ACTION: Notice of meeting. unrelated parties. B. EBSA has issued a no action letter E. With respect to any transaction to the applicant pursuant to the revised SUMMARY: In accordance with the described in Section I, the transaction VFC Program with respect to a Federal Advisory Committee Act was not part of an agreement, transaction described in Section I. (FACA), Pub. L. 92–463, as amended,

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the National Aeronautics and Space ACTION: Notice of availability of accumulation, agency records managers Administration announces a proposed records schedules; request for prepare schedules proposing retention forthcoming meeting of the NASA comments. periods for records and submit these Advisory Council (NAC), Financial schedules for NARA’s approval, using Audit Committee (NFAC). SUMMARY: The National Archives and the Standard Form (SF) 115, Request for Records Administration (NARA) Records Disposition Authority. These DATES: Friday, April 22, 2005, 11 a.m. publishes notice at least once monthly to 3 p.m. schedules provide for the timely transfer of certain Federal agency requests for into the National Archives of ADDRESSES: National Aeronautics and records disposition authority (records historically valuable records and Space Administration, 300 E Street, schedules). Once approved by NARA, authorize the disposal of all other SW., Room 9H40, Washington, DC records schedules provide mandatory records after the agency no longer needs 20546. instructions on what happens to records them to conduct its business. Some FOR FURTHER INFORMATION CONTACT: Ms. when no longer needed for current schedules are comprehensive and cover Ermerdene Lee, of the Chief Financial Government business. They authorize all the records of an agency or one of its Officer’s Office, National Aeronautics the preservation of records of major subdivisions. Most schedules, and Space Administration, Washington, continuing value in the National however, cover records of only one DC 20546. (202) 358–4529, e-mail Archives of the United States and the office or program or a few series of [email protected]. destruction, after a specified period, of records. Many of these update records lacking administrative, legal, previously approved schedules, and SUPPLEMENTARY INFORMATION: The research, or other value. Notice is some include records proposed as meeting will be open to the public up published for records schedules in permanent. to the capacity of the room. The agenda which agencies propose to destroy No Federal records are authorized for for the meeting includes the following records not previously authorized for destruction without the approval of the topics: disposal or reduce the retention period Archivist of the United States. This —NASA Financial Systems Overview of records already authorized for approval is granted only after a —NASA Management Material disposal. NARA invites public thorough consideration of their Weaknesses Discussion comments on such records schedules, as administrative use by the agency of required by 44 U.S.C. 3303a(a). origin, the rights of the Government and Attendees will be requested to sign a of private persons directly affected by register and to comply with NASA DATES: Requests for copies must be the Government’s activities, and security requirements, including the received in writing on or before May 23, whether or not they have historical or presentation of a valid picture ID, before 2005. Once the appraisal of the records is completed, NARA will send a copy of other value. receiving an access badge. Foreign Besides identifying the Federal nationals attending this meeting will be the schedule. NARA staff usually prepare appraisal memorandums that agencies and any subdivisions required to provide the following requesting disposition authority, this information no less than 3 working days contain additional information concerning the records covered by a public notice lists the organizational prior to the meeting: full name; gender, unit(s) accumulating the records or date/place of birth; citizenship; visa/ proposed schedule. These, too, may be requested and will be provided once the indicates agency-wide applicability in green card information (number, type, the case of schedules that cover records expiration date); passport information appraisal is completed. Requesters will be given 30 days to submit comments. that may be accumulated throughout an (number, country, expiration date); agency. This notice provides the control ADDRESSES: You may request a copy of employer/affiliation information (name number assigned to each schedule, the any records schedule identified in this of institution, address, country, phone); total number of schedule items, and the notice by contacting the Life Cycle title/position of attendee. To expedite number of temporary items (the records Management Division (NWML) using admittance, attendees with U.S. proposed for destruction). It also one of the following means: Mail: NARA citizenship can provide identifying includes a brief description of the (NWML), 8601 Adelphi Road, College information in advance by contacting temporary records. The records Park, MD 20740–6001. Ermerdene Lee via e-mail at schedule itself contains a full [email protected] or by telephone at E-mail: [email protected]. FAX: 301–837–3698. description of the records at the file unit (202) 358–4529. It is imperative that the level as well as their disposition. If meeting be held on this date to Requesters must cite the control number, which appears in parentheses NARA staff has prepared an appraisal accommodate the scheduling priorities memorandum for the schedule, it too of the key participants. after the name of the agency which submitted the schedule, and must includes information about the records. Michael F. O’Brien, provide a mailing address. Those who Further information about the Assistant Administrator for External desire appraisal reports should so disposition process is available on Relations. indicate in their request. request. [FR Doc. 05–6734 Filed 4–5–05; 8:45 am] FOR FURTHER INFORMATION CONTACT: Paul Schedules Pending BILLING CODE 7510–13–P M. Wester, Jr., Director, Life Cycle 1. Department of Education, Office for Management Division (NWML), Civil Rights, (N1–441–05–1, 9 items, 6 National Archives and Records temporary items). Civil rights Administration, 8601 Adelphi Road, compliance reports submitted by state NATIONAL ARCHIVES AND RECORDS College Park, MD 20740–6001. vocational education agencies, reference ADMINISTRATION Telephone: 301–837–3120. E-mail: copies of electronic master files of [email protected]. Records Schedules; Availability and elementary and secondary school civil Request for Comments SUPPLEMENTARY INFORMATION: Each year rights surveys, and electronic copies of Federal agencies create billions of documents created using electronic mail AGENCY: National Archives and Records records on paper, film, magnetic tape, and word processing. Proposed for Administration (NARA). and other media. To control this permanent retention are such records as

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electronic master files containing data using electronic mail and word notes defining the types of records that gathered in civil rights surveys and processing. typically fall into each category. Routine recordkeeping copies of files relating to Proposed for permanent retention are records include such materials as cost state higher education desegregation recordkeeping copies of aircraft data, presentation materials, agendas, plans and policies. registration and recordation files, and budget information. Long-term 2. Department of Housing and Urban signature authorization files, finding records that will be retained throughout Development, Office of Public and aids, summary reports with statistical the project life cycle include such Indian Housing (N1–207–04–1, 24 data, and annual snapshot of the records as configuration management items, 19 temporary items). Inputs, Aircraft Registration Master File. controls, interface control documents, outputs, work files, and other records 7. Department of Transportation, periodic reports, Program Control Board associated with an electronic system Federal Motor Carrier Safety minutes, waivers, work instructions and that contains statistical information Administration (N1–557–05–12, 12 authorizations, and quality assurance concerning low income public housing items, 9 temporary items). Records audit reports. Permanent records and housing for Native Americans. accumulated by the Office of include such files as operations plans, Master files and system documentation Communications, including briefing formulation documents, concept are proposed for permanent retention. materials, budget background records, documents, technology assessments, 3. Department of Justice, Federal chronological files, copies of press approval records, design development Bureau of Prisons (N1–129–04–6, 10 releases, report files, copies of speeches, information, manufacture, fabrication, items, 8 temporary items). Inputs and and working papers. Also included are and assembly records, flight verification outputs of the Office of Research and electronic copies of records created and certification reports, Evaluation’s Key Indicators/Strategic using electronic mail and word implementation and operational Support System, which is used to processing. Proposed for permanent records, and evaluation and termination monitor and track institutional retention are recordkeeping copies of documents. This schedule authorizes performance and support policy press releases, agency-wide the agency to apply the proposed formulation and policy impact publications, and speech files. This disposition instructions to records assessment. Proposed for permanent schedule authorizes the agency to apply regardless of the recordkeeping retention are the system master files and the proposed disposition instructions to medium. the system documentation. any recordkeeping medium. 4. Department of Justice, Federal 8. Department of the Treasury, Bureau Dated: March 30, 2005. Bureau of Prisons (N1–129–04–7, 4 of Public Debt (N1–53–05–3, 4 items, 4 Michael J. Kurtz, items, 2 temporary items). Inputs and temporary items). Records relating to Assistant Archivist for Records Services— outputs of an electronic information mail management and external audits, Washington, DC. system maintained by the Information, including electronic copies of records [FR Doc. 05–6833 Filed 4–5–05; 8:45 am] Policy, and Public Affairs Division created using electronic mail and word BILLING CODE 7515–01–P which is used to track individual processing. inmates throughout the agency’s 9. National Aeronautics and Space facilities. Proposed for permanent Administration, Agency-wide (N1–255– retention are the system master files and 04–3, 13 items, 12 temporary). Files NATIONAL SCIENCE FOUNDATION the system documentation. relating to projects that pertain to space 5. Department of State, Bureau of flight, aerospace technology research, Advisory Committee for Engineering; Educational and Cultural Affairs (N1– and basic or applied scientific research Notice of Meeting 59–05–6, 11 items, 6 temporary items). that lack historical significance. Also Exchange proposals, copies of treaties, included are routine records relating to In accordance with Federal Advisory and personnel files maintained by the J. historically significant projects as well Committee Act (Pub. L. 92–463, as William Fulbright Foreign Scholarship as files relating to these projects that are amended), the National Science Board. Also included are electronic not required for documenting the Foundation announces the following copies of records created using history of the project and/or agency meeting: electronic mail and word processing. programs, but have operational value to Proposed for permanent retention are the agency throughout the program or Name: Advisory Committee for recordkeeping copies of meeting files, project life cycle. Also included are Engineering (1170). membership files, reports, general electronic copies of records created Date/Time: May 11, 2005, 8 a.m.–7 p.m.; subject files, and country files. using electronic mail and word May 12, 2005, 8 a.m.–3 p.m. 6. Department of Transportation, processing. Proposed for permanent Place: National Science Foundation, Room Federal Aviation Administration (N1– retention are recordkeeping copies of 1235. 237–04–3, 31 items, 25 temporary files relating to historically significant Type of Meeting: Open. items). Records relating to the projects that must be retained to Contact Person: Deborah Young, Administrative Officer, and Office of the registration, recordation, and leasing of document the history of the project and/ Assistant Director for Engineering, (703) 292– aircraft. Included are paper aircraft or agency programs. The schedule 8301. registration and recordation files that provides criteria for identifying Purpose of Meeting: To provide advice, have been imaged, backup copies of historically significant projects (e.g., recommendations and counsel on major goals signature authorization files, export produce major contributions to and policies pertaining to engineering certificate of airworthiness files, engine scientific knowledge, establish programs and activities. propeller and spare parts location precedents, attract widespread media Agenda: The principal focus of the recordation files, dealer’s aircraft attention, etc.). For historically forthcoming meeting will be on Strategic registration certificate files, truth-in- significant projects, the schedule issues, both for the Directorate and the leasing files, foreign aircraft leases files, describes the three categories of records Foundation as a whole. The Committee will finding aids, and summary reports with (routine records, long-term temporary also address matters relating to the future of statistical data. Also included are records, and permanent records) in the engineering profession and engineering electronic copies of records created broad terms. It also includes detailed education.

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Dated: April 1, 2005. extension (301) 415–4737, or by e-mail forth the subject on which each Suzanne Bolton, to [email protected]. participant will speak, and the time Committee Management Officer. A copy of the license renewal allotted for each presentation. The [FR Doc. 05–6780 Filed 4–5–05; 8:45 am] application for the Monticello Nuclear agenda will be available at the hearing. BILLING CODE 7555–01–M Generating Plant is also available to A written summary of the hearing will local residents near the Monticello be compiled, and such summary will be Nuclear Generating Plant at the made available, upon written request to NUCLEAR REGULATORY Monticello Public Library, 200 West 6th OPIC’s Corporate Secretary, at the cost COMMISSION Street, Monticello, MN 55362. of reproduction. Dated at Rockville, Maryland, this 31st day CONTACT PERSON FOR INFORMATION: [Docket No. 50–263] of March, 2005. Information on the hearing may be Nuclear Management Company, LLC; For the Nuclear Regulatory Commission. obtained from Connie M. Downs at (202) Notice of Receipt and Availability of Pao-Tsin Kuo, 336–8438, via facsimile at (202) 218– Application for Renewal of Monticello Program Director, License Renewal and 0136, or via e-mail at [email protected]. Nuclear Generating Plant Facility, Environmental Impacts Program, Division of Dated: April 4, 2005. Operating License No. DPR–22, for an Regulatory Improvement Programs, Office of Connie M. Downs, Nuclear Reactor Regulation. Additional 20-Year Period OPIC Corporate Secretary. [FR Doc. E5–1558 Filed 4–5–05; 8:45 am] [FR Doc. 05–6928 Filed 4–4–05; 11:42 am] The U.S. Nuclear Regulatory BILLING CODE 7590–01–P Commission (NRC or Commission) has BILLING CODE 3210–01–M received an application, dated March 16, 2005, from Nuclear Management OVERSEAS PRIVATE INVESTMENT Company, LLC, filed pursuant to CORPORATION SECURITIES AND EXCHANGE Section 104b (DPR–22) of the Atomic COMMISSION Energy Act of 1954, as amended, and 10 Public Hearing CFR part 54, to renew the operating [Release No. 35–27954; 70–10285] license for the Monticello Nuclear April 21, 2005. Time and Date: 2 p.m., Thursday, Generating Plant. Renewal of the license PNM Resources, Inc.; Filings Under the would authorize the applicant to April 21, 2005. Place: Offices of the Corporation, Public Utility Holding Company Act of operate the facility for an additional 20- Twelfth Floor Board Room, 1100 New 1935, as Amended (‘‘Act’’) year period beyond the period specified York Avenue, NW., Washington, DC. in the current operating license. The March 30, 2005. Status: Hearing OPEN to the public at current operating license for the Notice is hereby given that the 2 p.m. Monticello Nuclear Generating Plant Purpose: Public Hearing in following filing(s) has/have been made (DPR–22) expires on September 8, 2010. conjunction with each meeting of with the Commission pursuant to The Monticello Nuclear Generating OPIC’s Board of Directors, to afford an provisions of the Act and rules Plant is a Boiling Water Reactor opportunity for any person to present promulgated under the Act. All designed by General Electric. The unit views regarding the activities of the interested persons are referred to the is located near Monticello, MN. The Corporation. application(s) and/or declaration(s) for acceptability of the tendered application complete statements of the proposed for docketing, and other matters Procedures transaction(s) summarized below. The including an opportunity to request a Individuals wishing to address the application(s) and/or declaration(s) and hearing, will be the subject of hearing orally must provide advance any amendment(s) is/are available for subsequent Federal Register notices. notice to OPIC’s Corporate Secretary no public inspection through the Copies of the application are available later than 5 p.m., Tuesday, April 19, Commission’s Branch of Public for public inspection at the 2005. The notice must include the Reference. Commission’s Public Document Room individual’s name, title, organization, Interested persons wishing to (PDR), located at One White Flint North, address, and telephone number, and a comment or request a hearing on the 11555 Rockville Pike (first floor), concise summary of the subject matter application(s) and/or declaration(s) Rockville, Maryland, 20582 or to be presented. should submit their views in writing by electronically from the NRC’s Oral presentations may not exceed ten April 25, 2005, to the Secretary, Agencywide Documents Access and (10) minutes. The time for individual Securities and Exchange Commission, Management System (ADAMS) Public presentations may be reduced Washington, DC 20549–0609, and serve Electronic Reading Room under proportionately, if necessary, to afford a copy on the relevant applicant(s) and/ accession number ML050880237. The all participants who have submitted a or declarant(s) at the address(es) ADAMS Public Electronic Reading timely request to participate an specified below. Proof of service (by Room is accessible from the NRC Web opportunity to be heard. affidavit or, in the case of an attorney at site at http://www.nrc.gov/reading-rm/ Participants wishing to submit a law, by certificate) should be filed with adams.html. In addition, the application written statement for the record must the request. Any request for hearing is available at http://www.nrc.gov/ submit a copy of such statement to should identify specifically the issues of reactors/operating/licensing/renewal/ OPIC’s Corporate Secretary no later than facts or law that are disputed. A person applications.html, on the NRC Web 5 p.m., Tuesday, April 19, 2005. Such who so requests will be notified of any page, while the application is under statements must be typewritten, double- hearing, if ordered, and will receive a review. Persons who do not have access spaced, and may not exceed twenty-five copy of any notice or order issued in the to ADAMS or who encounter problems (25) pages. matter. After April 25, 2005, the in accessing the documents located in Upon receipt of the required notice, application(s) and/or declaration(s), as ADAMS should contact the NRC’s PDR OPIC will prepare an agenda for the filed or as amended, may be granted Reference staff at 1–800–397–4209, hearing identifying speakers, setting and/or permitted to become effective.

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Notice of Proposal To Amend Restated In order to finance a portion of the Specifically, under the Restated Certificate of Incorporation; Order acquisition cost, PNM Resources will Articles, as proposed to be amended, the Authorizing the Solicitation of Proxies issue and sell 4,000,000 units of its Preferred Shares, voting as a single class 6.625% Hybrid Income Term Security with PNM Resources’ common stock, PNM Resources, Inc. (‘‘PNM Units (the ‘‘Units’’) to Cascade will be entitled to the number of votes Resources’’), Alvarado Square, Investment, L.L.C. (‘‘Cascade’’), a Albuquerque, NM 87158, a registered to which the shares of common stock limited liability company formed under into which the Preferred Shares are holding company, has filed an the laws of the State of Washington, in application-declaration (‘‘Application’’) convertible are entitled to vote on all consideration for $100,000,000. Each matters required to be submitted to a under sections 6(a), 7, 8, 9(a), 10, 11, Unit will have a stated amount of vote of common stockholders, other and 12(e) of the Act and rules 51, 54 and $25.00. The proceeds of the sale of the than the right to vote in the election of 62–65 under the Act. Units will be used by PNM Resources to PNM Resources became an exempt finance a portion of the cash directors, provided that such voting public utility holding company on consideration paid in the Transaction rights are exercisable by the holders of December 31, 2001, and conducts its and for refinancing the debt and Preferred Shares only if approved and operations consistent with the order of preferred securities of TNP Enterprises. permitted by the Commission. the New Mexico Public Regulation The Units will be sold pursuant to the The proposed amendment to PNM Commission which authorized the terms of a Unit Purchase Agreement, Resources’ Restated Articles to confer holding company structure. Except for dated August 13, 2004, between PNM the additional (i.e., non-statutory) voting certain corporate support services Resources and Cascade (the ‘‘UPA’’). rights on the Preferred Shares requires provided to its subsidiaries at cost Each Unit consists of two components, the approval of the common pursuant to that order, PNM Resources (i) a forward purchase contract which stockholders of PNM Resources.1 PNM conducts no business operations other obligates the holder (Cascade or an Resources intends to seek such approval than as a holding company. PNMR affiliate of Cascade) to purchase and at its annual meeting to be held on May Services Company (‘‘Services’’) is a PNM Resources to sell, no later than 17, 2005. Accordingly, PNM Resources February 16, May 16, August 16 or subsidiary service company, which requests that its proposal to solicit provides services at cost to the November 16 first following the third proxies for shareholder approval of the subsidiaries of PNM Resources. PNM anniversary of the issuance of the Units, proposed amendment be permitted to Resources filed a notice of registration a specified number of shares of PNM under the Act on December 30, 2004, Resources common stock (‘‘Common become effective immediately under and transferred its service functions to Shares’’) (subject to anti-dilution rule 62(d). Services on January 1, 2005. adjustments), and (ii) a 1⁄40, or 2.5%, It appears to the Commission that PNM Resources’ only public utility ownership interest in one of PNM PNM Resources’ Application regarding company subsidiary is Public Service Resources’ senior notes (‘‘Senior Notes’’) the proposed solicitation of proxies Company of New Mexico (‘‘PNM’’), a (A) with a principal amount of $1,000, should be permitted to become effective New Mexico corporation. PNM is an (B) with an initial maturity date of immediately under rule 62(d). electric and gas public utility company. February 16, May 16, August 16, or November 16 next preceding the fifth It is ordered, under rule 62 under the It is engaged in the generation, Act, that the portion of the Application transmission, and distribution of anniversary date of the initial issuance of the Units, and (C) bearing interest at regarding the proposed solicitation of electric energy at retail in the State of proxies from PNM Resources’ New Mexico and makes sales for resale a rate per annum (not to exceed 6.625%) to be set at the market at or near the date shareholders become effective (‘‘wholesale’’ sales) of electricity in immediately, subject to the terms and interstate commerce. PNM is also of issuance. Under the UPA, Cascade (or any conditions contained in rule 24 under engaged in the distribution of natural Cascade affiliate holder of the Units) the Act. gas in the State of New Mexico, which shall have the right to purchase PNM includes some off-system wholesale For the Commission, by the Division of Resources’ Convertible Preferred Stock, sales of natural gas. Investment Management, pursuant to Series A (the ‘‘Preferred Shares’’) in lieu delegated authority. PNM Resources proposes to acquire of Common Shares. Each Preferred all of the outstanding voting securities Share is convertible at any time, at the Margaret H. McFarland, of TNP Enterprises, Inc. (‘‘TNP option of the holder, into ten Common Deputy Secretary. Enterprises’’), a public utility holding Shares, subject to adjustment for stock [FR Doc. E5–1552 Filed 4–5–05; 8:45 am] company claiming exemption by rule 2 splits, combinations, reclassifications, BILLING CODE 8010–01–P under the Act (the acquisition is mergers, consolidations, sales of assets referred to hereafter as the and other transactions. In accordance ‘‘Transaction’’). TNP Enterprises has with the Cascade Order, Cascade subsidiary electric utility operations in intends to exercise its right to purchase Texas and New Mexico conducted by Preferred Shares in lieu of Common Texas-New Mexico Power Company Shares in order to maintain its (‘‘TNMP’’), its public utility subsidiary. ownership of PNM Resources’ In connection with the Transaction, outstanding voting securities at less PNM Resources is requesting than 10%. authorization to amend its Restated Also under the UPA, PNM Resources Articles of Incorporation (‘‘Restated is obligated to seek shareholder Articles’’) and to solicit proxies from its approval for an amendment to the shareholders to approve such Restated Articles that would confer 1 PNM Resources’ obligation to issue, and amendment at its annual meeting of upon holders of the Preferred Shares Cascade’s obligation to purchase, the Units are not shareholders to be held on May 17, certain voting rights in addition to those dependent on shareholder approval of the 2005. voting rights conferred by law. amendment.

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SECURITIES AND EXCHANGE I. Self-Regulatory Organizaiton’s Underlying index Reporting authority COMMISSION Statement of the Terms of Substance of the Proposed Rule Change Morgan Stanley Tech- American Stock Ex- [Release No. 34–1447; File No. SR–ISE– nology Index. change 2004–28] The ISE is proposing to amend its S&P MidCap 400 Standard & Poor’s rules to trade options on full and Index. Self-Regulatory Organizations; reduced values of three broad-based S&P 1000 Index ...... Standard & Poor’s International Securities Exchange, Inc.; indexes, the ISE 250 Index, the ISE 100 Nasdaq 100 Index ..... The Nasdaq Stock Notice of Filing of Proposed Rule Index and the ISE 50 Index. Options on Market Change and Amendments No. 1 and 2 these indexes would be cash-settled and ISE 250 Index ...... International Securi- Relating to Trading Options on Full would have European-style exercise ties Exchange and and Reduced Values of the ISE 250 provisions. The text of the proposed Standard & Poor’s ISE 100 Index ...... International Securi- Index, the ISE 100 Index and the ISE 50 rule change is available on the ISE’s Index, Including Long-Term Options ties Exchange and Web site (http://www.iseoptions.com) at Standard & Poor’s March 30, 2005. the ISE’s Office of the Secretary, and at ISE 50 Index ...... International Securi- Pursuant to Section 19(b)(1) of the the Commission. The text of the ties Exchange and Securities Exchange Act of 1934 proposed rule change appears below. Standard & Poor’s (‘‘Act’’),1 and Rule 19b–4 thereunder, 2 Additions are italicized; deletions are notice is hereby given that on bracketed. * * * * * * * * * * September 10, 2004, the International Rule 2004. Position Limites for Broad- Securities Exchange, Inc. (‘‘Exchange’’ Rule 2001. Definitions Based Index Options or ‘‘ISE’’) filed with the Securities and Exchange Commission (‘‘Commission’’) Supplementary Material to Rule 2001 (a) Rule 412 generally shall govern position limits for broad-based index the proposed rule change as described 01. The reporting authorities options, as modified by this Rule 2004. in Items I, II and III below, which Items designated by the Exchange in respect of There may be no position limit for have been prepared by the ISE. The ISE each index underlying an index options certain Specified (as provided in Rule submitted Amendments No. 1 and No. contract traded on the Exchange are as 3 2000) broad-based index options 2 to the proposal on January 5, 2005, provided in the chart below. and on March 7, 2005, respectively.4 contracts. All other broad-based index The Commission is publishing this Underlying index Reporting authority options contracts shall be subject to a notice to solicit comments on the contract limitation fixed by the proposed rule change, as amended, from S&P SmallCap 600 Standard & Poor’s Exchange, which shall not be larger than interested persons. Index. the limits provided in the chart below.

Broad-based Standard limit underlying index (on the same side of the market) Restrictions

S&P SmallCap 600 Index ...... 100,000 contracts ...... No more than 60,000 near term. S&P MidCap 400 Index ...... 45,000 contracts ...... No more than 25,000 near-term. Reduced Value S&P 1000 Index ...... 50,000 contracts ...... No more than 30,000 near-term. Micro S&P 1000 Index ...... 500,000 contracts ...... No more than 300,000 near-term. Nasdaq 100 Index ...... 75,000 contracts ...... None. Mini Nasdaq 100 Index ...... 750,000 contracts ...... None. ISE 250 Index ...... 50,000 contracts ...... No more than 30,000 near-term. Mini ISE 250 Index ...... 500, contracts ...... No more than 300,000 near-term. ISE 100 Index ...... 50, contracts ...... No more than 30,000 near-term. Mini ISE 100 Index ...... 500,000 contracts ...... No more than 300,000 near-term. ISE 50 Index ...... 50,000 contracts ...... No more than 30,000 near-term. Mini ISE 50 Index ...... 500,000 contracts ...... No more than 300,000 near-term.

* * * * * (v) Micro S&P 1000 Index expiration. The current index value at (vi) Full-size Nasdaq 100 Index the expiration of an A.M.-settled index Rule 2009. Terms of Index Options (vii) Mini Nasdaq 100 Index option shall be determined, for all Contracts (viii) ISE 250 Index purposes under these Rules and the (a) General. (ix) Mini ISE 250 Index Rules of the Clearing Corporation, on (4) ‘‘European-Style Exercise.’’ The (x) ISE 100 Index the last day of trading in the underlying following European-style index options, (xi) Mini ISE 100 Index securities prior to expiration, by some of which may be A.M.-settled as (xii) ISE 50 Index reference to the reported level of such provided in paragraph (a)(5), are (xiii) Mini ISE 50 Index index as derived from first reported sale approved for trading on the Exchange: (5) A.M.-Settled Index Options. The (opening) prices of the underlying (i) S&P SmallCap 600 Index last day of trading for A.M.-settled index securities on such day, except that: (ii) Morgan Stanley Technology Index options shall be the business day (i) In the event that the primary (iii) S&P MidCap 400 Index preceding the last day of trading in the market for an underlying security does (iv) Reduced Value S&P 1000 Index underlying securities prior to not open for trading on that day, the

1 15 U.S.C. 78s(b)(1). 3 Amendment No. 1 set forth a list of the for position and exercise limits, addressed one of 2 17 CFR 240.19b–4. underlying components of the ISE Indexes. the events that the Exchange will monitor on an 4 Amendment No. 2 replaced the original filing in annual basis, and made other technical corrections its entirely, proposed a reduced number of contracts to the filing.

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price of that security shall be II. Self-Regulatory Organization’s Royalty Trusts are not eligible for determined, for the purposes of Statement of the Purpose of, and inclusion. calculating the current index value at Statutory Basis for, the Proposed Rule Companies are selected for inclusion expiration, as set forth in Rule 2008(g), Change in the ISE Indexes by the Exchange unless the current index value at based on the Exchange’s methodology.7 expiration is fixed in accordance with In its filing with the Commission, the Companies may not apply, and may not the Rules and By-Laws of the Clearing ISE included statements concerning the be nominated, for inclusion. Companies Corporation; and purpose of, and basis for, the proposed may be added or removed by the (ii) In the event that the primary rule change and discussed any Exchange based on the methodology market for an underlying security is comments it received on the proposed described below. In order for a company open for trading on that day, but that rule change, as amended. The text of to be eligible for inclusion in the ISE particular security does not open for these statements may be examined at Indexes, it must satisfy certain trading on that day, the price of that the places specified in Item IV below. minimum criteria. One of the security, for the purposes of calculating The ISE has prepared summaries, set requirements for inclusion is that a the current index value at expiration, forth in sections A, B and C below, of company’s ratio of cumulative shares shall be the last reported sale price of the most significant aspects of such traded to adjusted shares outstanding the security. statements. must be greater than 0.30 over the past The following A.M.-settled index A. Self-Regulatory Organization’s 12 months. Another requirement that options are approved for trading on the Statement of the Purpose of, and must be met by each company is the Exchange: Statutory Basis for, the Proposed Rule number of shares in its public float must (i) S&P SmallCap 600 Index Change constitute at least 50% of its total (ii) Morgan Stanley Technology Index number of outstanding shares. To be (iii) S&P MidCap 400 Index I. Purpose eligible for inclusion in the ISE 100 (iv) Reduced Value S&P 1000 Index Index, companies must meet one (v) Micro S&P 1000 Index The Exchange proposes to amend its additional requirement: options on the (vi) Full-size Nasdaq 100 Index rules to provide for the listing and component company’s stock must be (vii) Mini Nasdaq 100 Index trading on the Exchange of cash-settled, listed on the Exchange. (viii) ISE 250 Index European-style, index options on full The ISE indexes are calculated and (ix) Mini ISE 250 Index and reduced values of the ISE 250 maintained by Standard & Poor’s (x) ISE 100 Index Index, the ISE 100 Index and the ISE 50 (‘‘S&P’’) pursuant to the Exchange’s (xi) Mini ISE 100 Index Index (collectively. the ‘‘ISE Indexes’’).5 (xii) ISE 50 Index rules-based methodology and (xiii) Mini ISE 50 Index Specifically, the Exchange proposes to instructions. (c) Procedures for Adding and list options based upon the full value of Deleting Strike Prices. The procedures the ISE Indexes (‘‘Full-size ISE ISE 250 Index for adding and deleting strike prices for Indexes’’) as well as one-tenth of the The ISE 250 Index is designed to track index options are provided in Rule 504, value of the ISE Indexes (‘‘Mini ISE the combined performance of the most as amended by the following: Indexes’’). highly capitalized stocks in the U.S. (1) The interval between strike prices Index Design and Composition equity markets and specifically includes will be no less than $5.00; provided, the top 250 stocks as ranked by market that in the case of the following classes The ISE Indexes are designed to track capitalization. of index options, the interval between the performance of the most highly Components of the ISE 250 Index are strike prices will be no less than $2.50: capitalized publicly traded companies selected using a rules-based (i) S&P SmallCap 600, if the strike in the United States. Each index is a methodology that is fully transparent. price is less than $200.00 float-adjusted capitalization-weighted Its original selection pool includes all (ii) Morgan Stanley Technology Index, index,6 whose components are all common stocks listed on the NYSE, if the strike price is less than $200.00 headquartered in the United States and Amex and NASDAQ. The entire index (iii) S&P MidCap 400 Index, if the listed on either the New York Stock universe is ranked in descending order strike price is less than $200.00 Exchange, Inc. (‘‘NYSE’’), the National by unadjusted market capitalization. (iv) Reduced Value S&P 1000 Index, Association of Securities Dealers, Inc. Companies that do not meet component if the strike price is less than $200.00 (‘‘NASD’’), Automated Quotation eligibility requirements are removed. If (v) Micro S&P 1000 Index, if the strike System (‘‘NASDAQ’’), or the American a component has multiple share classes, price is less than $200.00 the most liquid issue for that company (vi) Full-size Nasdaq 100 Index, if the Stock Exchange LLC (‘‘Amex’’). All is included. The top 250 companies, strike price is less than $200.00 companies in the ISE Indexes will either ranked by market capitalization, are (vii) Mini Nasdaq 100 Index, if the be operating companies or Real Estate then selected from the remaining strike price is less than $200.00 Investments Trusts. All other (viii) ISE 250 Index, if the strike price companies, such as Closed-end Funds, universe. is less than $200.00 Exchange Traded Funds, Holding Each component’s eligibility and (ix) Mini ISE 250 Index, if the strike Companies, Investment Vehicles and ranking is reviewed twice annually, in price is less than $200.00 June and December of each calendar (x) ISE 100 Index, if the strike price 5 A description of each of the ISE Indexes will be year. Any necessary component changes is less than $200.00 available on the Exchange’s publicly available Web are made after the close on the third (xi) Mini ISE 100 Index, if the strike site at http://www.iseoptions.com. Friday of June and December, and 6 The calculation of a float-adjusted, market- become effective at the opening on the price is less than $200.00 weighted index involves taking the summation of (xii) ISE 50 Index, if the strike price the product of the price of each stock in the index next trading day. Changes to the ISE 250 is less than $200.00 and the number of shares available to the public for (xiii) Mini ISE 50 Index, if the strike trading, rather than the total shares outstanding for 7 Rules governing component selection of the ISE each issue. In contrast, a price-weighted index Indexes will be available on the Exchange’s price is less than $200.00 involves taking the summation or the prices of the publicly available Web site at http:// * * * * * stocks in the index. www.iseoptions.com.

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Index will be announced on ISE’s volumes of the five most heavily traded $2.27 (Genta, Inc.), (c) the mean price publicly available Web site five trading components is 57.56 million shares per share of the components is $36.94, days prior to the effective date. (Lucent Technologies, Inc., Microsoft and (d) the median price per share of In addition to the scheduled reviews, Corp., Intel Corp., Cicso Systems, Inc. & the components is $31.59; (iv) regarding the ISE 250 Index is reviewed on an Sun Microsystems, Inc.), and (f) 100% component weightings, (a) the highest ongoing basis to accommodate of the components had a six month weighting of a component is 6.1% extraordinary events and corporate average daily volume of at least 50,000; (General Electric Co), (b) the lowest actions, such as delisting, bankruptcies, and (vii) regarding option eligibility, (a) weighting of a component is 0.002% mergers or acquisitions involving index 99.2% of the components are options (Genta, Inc.), (c) the mean weighting of components. eligible, as measured by weighting, and the components is 1.0%, (d) the median As set forth in Exhibit 3 to the (b) 97.2% of the components are options weighting of the components is 0.5%, proposal, as of June 11, 2004, following eligible, as measured by number. and (e) the total weighting of the top are the characteristics of the ISE 250 five highest weighted components is ISE 100 Index Index: (i) The total capitalization of all 25.6% (General Electric Co., Exxon of the components in the Index is $8.63 The ISE 100 Index tracks the 100 most Mobil Corp., Pfizer, Inc., Citigroup, Inc., trillion; (ii) regarding component actively traded listed options classes on Microsoft Corp.); (v) regarding capitalization, (a) the highest the Exchange. Components of the ISE component available shares, (a) the most capitalization of a component is $328.14 100 Index are selected based on the available shares of a component is 10.77 billion (General Electric Co.), (b) the average daily volume of each options billion shares (Microsoft Corp.), (b) the lowest capitalization of a component is class over a six-month period on the least available shares of a component is $5.47 billion (The Estee Lauder Co., Exchange. Its original selection pool 39.05 million shares (Osi Class A), (c) the mean capitalization of includes all equity options listed on the Pharmaceuticals, Inc.), (c) the mean the components is $34.51 billion, and Exchange, ranked by average daily available shares of the components is (d) the median capitalization of the volume over the previous six month 1.67 billion shares, and (d) the median components is $16.85 billion; (iii) period. Companies that do not meet available shares of the components is regarding component price per share, (a) component eligibility requirements are 924.04 million shares; (vi) regarding the the highest price per share of a removed. The top 100 companies, six month average daily volumes of the component is $113.71 (Wellpoint Health ranked by average daily volume, are components, (a) the highest six month Networks, Inc.), (b) the lowest price per then selected, and the index is weighted average daily volume of a component is share of a component is $3.40 (Lucent by float-adjusted market capitalization. 64.6 million shares (Lucent Technologies, Inc.), (c) the mean price Similar to the ISE 250 Index, each Technologies, Inc.), (b) the lowest six per share of the components is $45.73, component’s eligibility and ranking in month average daily volume of a and (d) the median price per share of the ISE 100 Index is reviewed twice component is 981,490 shares (Reynolds the components is $42.67; (iv) regarding annually, in June and December of each American, Inc.), (c) the mean six month component weightings, (a) the highest calendar year. Any necessary average daily volume of the components weighting of a component is 3.8% component changes are made after the is 11.58 million shares, (d) the median (General Electric Co.), (b) the lowest close on the third Friday of June and six month average daily volume of the weighting of a component is 0.1% (Estee December, and become effective at the components is 6.84 million shares, (e) Lauder Co., Class A), (c) the mean opening on the next trading day. the average of six month average daily weighting of the component is 0.4%, (d) Changes to the ISE 100 Index will be volumes of the five most heavily traded the median weighting of the announced on ISE’s publicly available components is 60.08 million shares components is 0.2%, and (e) the total website five trading days prior to the (Lucent Technologies, Inc., Microsoft weighting of the top five highest effective date. Corp., Intel Corp., Sirius Satellite Radio, weighted components is 15.9% (General In addition to the scheduled reviews, Inc. & Cisco Systems, Inc.), and (f) 100% Electric Co., Exxon Mobil Corp., Pfizer, the ISE 100 Index is reviewed on an of the components had a six month Inc., Citigroup, Inc., Microsoft Corp.); ongoing basis to accommodate average daily volume of at least 50,000; (v) regarding component available extraordinary events and corporate (vii) regarding option eligibility, (a) shares, (a) the most available shares of actions, such as delistings, 100% of the components are options a component is 10.77 billion shares bankruptcies, mergers or acquisitions eligible, as measured by weighting, and (Microsoft Corp.), (b) the least available involving index components. (b) 100% of the components are options shares of a component is 118.91 million As set forth in Exhibit 3 to the eligible, as measured by number. shares (M&T Bank Corp.), (c) the mean proposal, as of June 11, 2004, following available shares of the components is are the characteristics of the ISE 100 ISE 50 Index 1.01 billion shares, and (d) the median Index: (i) The total capitalization of all The ISE 50 Index is a subset of the ISE available shares of the components is of the components in the Index is $5.36 250 Index, such that the components of 455.63 million shares; (vi) regarding the trillion; (ii) regarding component the ISE 50 Index consist of the top 50 six month average daily volumes of the capitalization, (a) the highest components that make up the ISE 250 components, (a) the highest six month capitalization of a component is 328.14 Index, as ranked by market average daily volume of a component is billion (General Electric Co.), (b) the capitalization. Thus, the criteria for 64.6 million shares (Lucent lowest capitalization of a component is inclusion into the ISE 50 Index, as well Technologies, Inc.), (b) the lowest six $104.44 million (Genta, Inc.), (c) the as the maintenance of the Index, are month average daily volume of a mean capitalization of the components identical to those of the ISE 250 Index. component is 514,230 shares (William is $53.65 billion, and (d) the median As set forth in Exhibit 3 to the Wrigley Jr., Co.), (c) the mean six month capitalization of the components is proposed as of June 11, 2004, following average daily volume of the components $26.09 billion; (iii) regarding component are the characteristics of the ISE 50 is 5.292 million shares, (d) the median price per share, (a) the highest price per Index: (i) The total capitalization of all six month average daily volume of the share of a component is $93.01 of the components in the Index is $5.18 components is 2.81 million shares, (e) (Goldman, Sachs Group, Inc.), (b) the trillion; (ii) regarding component the average of six month average daily lowest price per share of component is capitalization, (a) the highest

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capitalization of a component is $328.14 250, 100 and 200, respectively. On stocks, company additions or deletions, billion (General Electric, Co.), (b) the January 3, 2005, the index level of the corporate restructurings and other lowest capitalization of a component is ISE 250 Index, the ISE 100 Index and capitalization changes. $24.86 billion (Motorola, Inc.), (c) the the ISE 50 Index was 227.48, 86.32, and The settlement values for purposes of mean capitalization of the components 156.98, respectively. the Exchange settling both Full-size ISE Indexes is $103.5 billion, and (d) the median proposes to base trading in options on (‘‘Full-size Settlement Value’’) and Mini capitalization of the components is both full-size ISE Indexes and on ISE Indexes (‘‘Mini Settlement Value’’) $73.7 billion; (iii) regarding component fractions of Full-size ISE Indexes. In shall be calculated on the basis of price per share, (a) the highest price per particular, the Exchange proposes to list opening market prices on the business share of a component is $93.01 options on Mini ISE Indexes that are day prior to the expiration date of such (Goldman, Sachs Group, Inc.), (b) the based on one tenth of the value of full- options (‘‘Settlement Day’’).10 The lowest price per share of a components size ISE Indexes. The Exchange believes Settlement Day is normally the Friday is $11.71 (Oracle Corp.) (c) the mean that listing options on reduced values preceding ‘‘Expiration Saturday.’’ 11 In price per share of the components is will attract a greater source of customer the event a component security in the $47.57, and (d) the median price per business than if options were based only ISE Indexes does not trade on share of the components is $45.67; (iv) on the full value of the ISE Indexes. The Settlement Day, the closing price from regarding components weightings, (a) Exchange further believes that listing the previous trading day will be used to the highest weighting of a component is options on reduced values will provide calculate both Full-size Settlement 6.3% (General Electric Co.), (b) the an opportunity for investors to hedge, or Value and Mini Settlement Value. lowest weighting of a component is speculate on, the market risk associated Accordingly, trading in the ISE Indexes 0.5% (Goldman, Sachs Group, Inc.), (c) with the stocks comprising the ISE will normally cease on the Thursday the mean weighting of the components Indexes. Additionally, by reducing the preceding an Expiration Saturday. S&P is 2.0%, (d) the median weighting of the values of the ISE Indexes, investors will shall calculate and the Exchange shall components is 1.4% and (e) the total be able to use this trading vehicle while disseminate, both Full-size Settlement weighting of the top five highest extending a smaller outlay of capital. Value and Mini Settlement Value in the weighted components is 26.5% (General The Exchange believes that this should same manner as S&P shall calculate, and Electric Co., Exxon Mobil Corp., Pfizer, attract additional investors, and, in turn, the Exchange shall disseminate, both Inc., Citigroup Inc., Microsoft Corp.); (v) create a more active and liquid trading Full-Size ISE Indexes’ and Mini ISE regarding component available shares, environment.8 Indexes’ level. (a) the most available shares of a The Full-size ISE Indexes’ and the S&P will monitor and maintain the components is 10.77 billion shares Mini ISE Indexes’ level shall each be ISE Indexes pursuant to ISE’s (Microsoft Corp.), (b) the least available calculated continuously, using the last methodology and instructions. S&P is shares of a components is 480.65 sale price for each component stock in responsible for making all necessary million shares (Goldman, Sachs Group, the ISE Indexes, and shall be adjustments to the ISE Indexes to reflect Inc.), (c) the mean available shares of disseminated every 15 seconds component deletions, share changes, the components is 2.74 billion shares, throughout the trading day.9 To stock splits, stock dividends (other than and (d) the median available shares of calculate the value of the Full-size ISE an ordinary cash dividend), and stock the components is 1.97 billion shares; Indexes, the sum of the market value of price adjustments due to restructuring, (vi) regarding the six month average the stocks in this ISE Indexes is divided mergers, or spin-offs involving the daily volumes of the components, (a) by the base period market value underlying components. Some corporate the highest six month average daily (divisor). To calculate the value of the actions, such as stock splits and stock volume of a component is 62.59 million Mini ISE Indexes, the full value of the dividends, require simple changes to the shares (Microsoft Corp.), (b) the lowest ISE Indexes is divided by ten. In order available shares outstanding and the six month average daily volume of a to provide continuity for the ISE stock prices of the underlying component is 2.38 million shares Indexes’ value, the divisor is adjusted components. The number of common (ConocoPhillips), (c) the mean six periodically to reflect such events as shares outstanding for each component month average daily volume of the changes in the number of common stock will be reviewed every Friday. components is 11.63 million shares, (d) shares outstanding for component Share changes of less than 5% will be the median six month average daily updated on a quarterly basis, becoming volume of the components is 6.64 8 The concept of listing reduced value options on effective after the close on the third million shares, (e) the average of six an index is not a novel one. See, e.g, Securities Friday of March, June, September and month average daily volumes of the five Exchange Act Release Nos. 32893 (September 14, December of each calendar year. The most heavily traded components is 1993), 58 FR 49070 (September 21, 1993) (order index divisor is adjusted at that time to approving File No. SR–CBOE–93–12) (approving 49.40 million shares (Microsoft Corp., the listing and trading of options based on one- compensate for the share changes. Share Intel Corp., Cisco Systems, Inc., Oracle tenth the value of the S&P 500 Index); 43000 (June changes greater than 5% will be Corp. & General Electric, Co.), and (f) 30, 2000), 65 FR 42409 (July 10, 2000) (notice of adjusted after the close on the 100% of the components had a six filing and immediate effectiveness of File No. SR– Wednesday of the following week. The CBOE–00–15) (listing and trading of options based month average daily volume of at least on one-tenth of the value of the Nasdaq 100 Index); index divisor change also becomes 50,000; (vii) regarding option eligibility, and 48681 (October 22, 2003), 68 FR 62337 effective after the close on that day. (a) 100% of the components are options (November 3, 2003) (order approving File No. SR– Changes will be announced on the eligible, as measured by weighting, and CBOE–2003–4) (approving the listing and trading of Exchange’s publicly available website options based on one-tenth of the value of the NYSE prior to the effective date. Unscheduled (b) 100% of the components are options Composite Index). eligible as measured by number. 9 The ISE Index levels shall be calculated by S&P, share changes due to corporate actions on behalf of the Exchange, and disseminated to the Index Calculation and Index Options Price Reporting Authority (‘‘OPRA’’) by the 10 The aggregate exercise value of the option Maintenance Exchange. The Exchange shall also disseminate contract is calculated by multiplying the Index The base index level of the ISE 250 these values to its members. The ISE Indexes will value by the Index multiplier, which is 100. be published daily on the Exchange’s publicly 11 For any given expiration month, options on the Index, the ISE 100 Index, and the ISE 50 available website and through major quotation ISE Indexes will expire on the third Saturday of the Index, as of December 31, 1998, was vendors, such as Reuters. month.

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may be processed the same day they are In the event the Indexes fail at any time and a minimum of the option proceeds announced, depending on the time the to satisfy the maintenance criteria, the plus 10% of the aggregate exercise price details are received by S&P. In such ISE will not open for trading any amount for put options. cases, the index divisor changes may additional series of options on the The Exchange proposes to set strike become effective that same day and Indexes unless such failure is price intervals at 21⁄2 points for certain immediately announced on the determined by the Exchange not to he near-the-money series in near-term Exchange’s publicly available website. significant and the Commission concurs expiration months when each of the ISE The eligibility of each component of in that determination, or unless the Indexes is at a level below 200, and 5 the ISE Indexes will be reviewed in June continued listing of options on each point strike price intervals for other and December of each calendar year. respective Index has been approved by options series with expirations up to Components that fail to meet the the Commission under Section 19(b)(2) one year, and 10 point strike price eligibility requirements are replaced of the Exchange Act.13 intervals for longer-term options. The with new component companies. Contract Specifications minimum tick size for series trading Component changes may also occur below $3 shall be 0.05, and for series between review periods if a specific The contract specifications for options trading at or above $3 shall be 0.10. corporate action makes an existing on the ISE Indexes are set forth in The Exchange proposes to list options component ineligible. The Exchange Exhibit 3 to the proposal. The ISE on the ISE Indexes in the three maintains a Component Replacement Indexes are each broad-based indexes, consecutive near-term expiration Pool (‘‘CRP’’) for the ISE Indexes at all as defined in ISE Rule 2001(j).14 Options months plus up to three successive times for contingency purposes. The on the ISE indexes as European-style expiration months in the March cycle. CRP contains at least ten companies that and A.M. cash-settled. The Exchange’s For example, consecutive expirations of meet the eligibility requirements for the standard trading hours for index options January, February, March, plus June, ISE Indexes, ranked by market (9:30 a.m. to 4:15 p.m., New York time), September, and December expirations capitalization for the ISE 250 Index and as set forth in ISE Rule 2008(a), will would be listed.16 In addition, longer- the ISE 50 Index, and six-month average apply to the ISE Indexes. Exchange rules term option series (‘‘LEAPS’’) having up trading volume for the ISE 100 Index. that are applicable to the trading of to thirty-six (36) months to expiration Components removed from the ISE options on broad-based indexes will may be traded.17 The interval between Indexes are replaced with those from apply to both Full-size ISE Indexes and expiration months on the ISE Indexes the CRP. Component changes are made Mini ISE indexes.15 Specifically, the shall not be less than six months. The after the close on the third Friday of trading of Full-size ISE Indexes and trading of any long-term ISE Indexes June and December of each calendar Mini ISE Indexes will be subject to, shall be subject to the same rules that year, and become effective at the among others, Exchange rules governing govern the trading of all the Exchange’s opening on the next trading day. All margin requirements and trading halt index options, including sales practice such changes will be announced on the procedures for index options. rules, margin requirements, trading Exchange’s publicly available website at For each of the Full-size ISE Indexes, rules and position and exercise limits. least five trading days prior to the the Exchange proposes to establish effective date. aggregate position and exercise limits at Surveillance and Capacity The Exchange represents that the ISE 50,000 contracts on the same side of the The Exchange represents that it has an Indexes currently satisfy the market, provided no more than 30,000 adequate surveillance program in place maintenance criteria and further states of such contracts are in the nearest for options traded on the ISE Indexes, that it will monitor and maintain the expiration month series. For position and intends to apply those same ISE Indexes on a quarterly basis, at and exercise limit purposes, Full-size program procedures that it applies to which point the Exchange will notify ISE Indexes contracts shall be the Exchange’s other index options. the Market Regulation Division of the aggregated with Mini ISE Indexes Additionally, the Exchange is a member Commission if: (i) The number of contracts, where ten (10) Mini ISE of the Intermarket Surveillance Group 1 securities in the ISE Indexes drops by ⁄3 Indexes contracts equal one (1) Full-size (‘‘ISG’’) under the Intermarket or more; (ii) 10% or more of the weight ISE Index contract. Surveillance Group Agreement, dated of 262 the ISE Indexes is represented by The Exchange proposes to apply June 20, 1994. The members of the ISG component securities having a market index margin requirements for the include all of the U.S. registered stock value of less than $75 million; (iii) less purchase and sale of options on the ISE and options markets; the Amex, the than 80% of the weight of the ISE Indexes. Accordingly, purchases of put Boston Stock Exchange, Inc. (‘‘BSE’’), Indexes is represented by component or call options with 9 months or less the Chicago Board Options Exchange securities that are eligible for options until expiration must be paid for in full. (‘‘CBOE’’), the Chicago Stock Exchange, trading pursuant to ISE Rule 502; (iv) Writers of uncovered put or call options Inc. (‘‘CSE’’), the National Stock 10% or more of the weight of the ISE must deposit/maintain 100% of the Exchange, Inc. (‘‘NSE’’), the NASD, the Indexes is represented by component option proceeds, plus 15% of the NYSE, the Pacific Stock Exchange, Inc. securities trading less than 20,000 aggregate contract value (current index (‘‘PSE’’) and the Philadelphia Stock shares per day; or (v) the largest × level $100), less any out-of-the-money Exchange, Inc. (‘‘PHLX’’). The ISG component security accounts for more amount, subject to a minimum of the members work together to coordinate than 15% of the weight of the ISE option proceeds plus 10% of the surveillance and investigative Indexes or the largest five components aggregate contract value for call options in the aggregate account for more than 16 See ISE Rule 2009(a)(3). 12 40% of the weight of the ISE Indexes: 13 Telephone conversation between Samir Patel, 17 See ISE Rule 2009(b)(1). LEAPS will be Assistant General Counsel, ISE, and MIA Zur, available on the Full and Reduced Value ISE 12 The timeframe for monitoring the ISE Indexes Attorney, Division, Commission (March 22, 2005). Indexes. However, the Exchange is not listing was changed from an annual to a quarterly basis. 14 ISE Rule 2001(j) defines a ‘‘market index’’ or a reduced value LEAPS on the Reduced Value ISE Telephone conversation between Samir Patel, ‘‘broad-based index’’ to mean an index designed to Indexes pursuant to ISE Rule 2009(b)(2). Telephone Assistant General Counsel, ISE, and Mia Zur, be representative of a stock market as a whole or conversation between Samir Patel, Assistant Attorney, Division of Market Regulation of a range of companies in unrelated industries. General Counsel, ISE, and Mia Zur, Attorney, (‘‘Division’’), Commission (March 22, 2005). 15 See ISE Rules 2000 through 2012. Division, Commission (March 11, 2005).

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information sharing in the stock and IV. Solicitation of Comments SECURITIES AND EXCHANGE options markets. In addition, the major Interested persons are invited to COMMISSION futures exchanges are affiliated submit written data, views, and [Release No. 34–51457; File No. SR–NASD– members of the ISG, which allows for arguments concerning the foregoing, 2004–135] the sharing of surveillance information including whether the proposed rule for potential intermarket trading abuses. change, as amended, is consistent with Self-Regulatory Organizations; Notice The Exchange represents that it has the Act. Comments may be submitted by of Filing of Proposed Rule Change by the system capacity to adequately any of the following methods: the National Association of Securities handle all series that would be Dealers, Inc. Relating to Disclosure permitted to be added by this proposal Electronic Comments and Consent Requirements When (including LEAPS). The Exchange • Use the Commission’s Internet Trading on a Net Basis With provided to the Commission comment form (http://www.sec.gov/ Customers information in a confidential rules/sro.shtml); or submission that supports its system • Send an E-mail to rule- March 31, 2005. capacity representations that will result [email protected]. Please include File Pursuant to section 19(b)(1) 1 of the from the introduction of both Full-size No. SR–ISE–2004–28 on the subject Securities Exchange Act of 1934 ISE Index and Mini ISE Indexes. line. (‘‘Act’’ 2 and Rule 19b–4 thereunder,3 notice is hereby given that on 2. Statutory Basis Paper Comments September 1, 2004, the National The Exchange believes that the • Send paper comments in triplicate Association of Securities Dealers, Inc. proposed rule change is consistent with to Jonathan G. Katz, Secretary, (‘‘NASD’’), filed with the Securities and Section 6(b) of the Act,18 in general, and Securities and Exchange Commission, Exchange Commission (‘‘SEC’’ or furthers the objectives of Section 450 Fifth Street, NW., Washington, DC ‘‘Commission’’) the proposed rule 6(b)(5),19 in particular, in that it will 20549–0609. change as described in items I, II, and permit options trading in Full-size ISE All submissions should refer to File III below, which items have been Indexes and Mini ISE Indexes pursuant Number SR–ISE–2004–28. This file prepared by NASD. On February 16, to rules designed to prevent fraudulent number should be included on the 2005, NASD filed Amendment No. 1 to and manipulative acts and practices and subject line if e-mail is used. To help the the proposed rule change.4 On February promote just and equitable principals of Commission process and review your 25, 2005, NASD filed Amendment No. trade. comments more efficiently, please use 2 to the proposed rule change.5 On only one method. The Commission will B. Self-Regulatory Organization’s March 21, 2005, NASD filed post all comments on the Commission’s Statement on Burden on Competition Amendment No. 3 to the proposed rule Internet Web site (http://www.sec.gov/ change.6 The Commission is publishing The ISE believes that the proposed rules/sro.shtml). Copies of the this notice to solicit comments on the rule change does not impose any burden submission, all subsequent proposed rule change from interested on competition. amendments, all written statements persons. with respect to the proposed rule C. Self-Regulatory Organization’s I. Self-Regulatory Organization’s Statement on Comments on the change that are filed with the Commission, and all written Statement of the Terms of Substance of Proposed Rule Change Received From the Proposed Rule Change Members, Participants or Others communications relating to the proposed rule change between the NASD is filing a proposed rule to The Exchange has not solicited, and Commission and any person, other than require disclosure and consent when does not intend to solicit, comments on those that may be withheld from the trading on a net basis with customers. this proposed rule change. The public in accordance with the Proposed new language is in italics. Exchange has not received any provisions of 5 U.S.C. 552, will be * * * * * unsolicited written comments from available for inspection and copying in member or other interested parties. the Commission’s Public Reference 2441. Net Transactions With Customers III. Date of Effectiveness of the Room. Copies of such filing also will be (a) Prior to executing a transaction Proposed Rule Change and Timing for available for inspection and copying at with a customer on a ‘‘net’’ basis as Commission Action the principal office of the ISE. All defined in paragraph (d) below, a comments received will be posted member must provide disclosure to and Within 35 days of the date of without change; the Commission does obtain consent from the customer as publication of this notice in the Federal not edit personal identifying provided in this Rule. Register or within such longer period (i) information from submissions. You as the Commission may designate up to should submit only information that 1 15 U.S.C. 78s(b)(1). 90 days of such date if it finds such you wish to make available publicly. All 2 15 U.S.C. 78a et seq. longer period to be appropriate and submissions should refer to File 3 17 CFR 240.19b–4. publishes its reasons for so finding or Number SR–ISE–2004–28 and should be 4 In Amendment No. 1, among other things, (ii) as to which the self-regulatory submitted by April 27, 2005. NASD deleted each instance of the words ‘‘or organizations consents, the Commission similar’’ in the phrase ‘‘on a ‘net’ or similar basis’’ For the Commission, by the Division of in proposed new Rule 2441. will: 5 A. By order approve such proposed Market Regulation, pursuant to delegated In Amendment No. 2, NASD removed authority.20 underlining that inadvertently had been applied to rule change; or paragraph (e) of proposed new Rule 2441 as it Margaret H. McFarland, B. Institute proceedings to determine appeared in Exhibit 4 to Amendment No. 1. whether the proposed rule change Deputy Secretary. 6 In Amendment No. 3, among other things, should be disapproved. [FR Doc. 05–6743 Filed 4–5–05; 8:45 am] NASD modified proposed new Rule 2441 by substituting ‘‘adviser’’ for ‘‘advisor’’ in paragraph BILLING CODE 8010–01–M (b) and substituting ‘‘customer whose account 18 15 U.S.C. 78f(b). qualifies’’ for ‘‘customer that qualifies’’ in 19 15 U.S.C. 78f(b)(5). 20 17 CFR 200.30–3(a)(12). paragraph (d).

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(b) With respect to non-institutional summaries, set forth in sections (A), (B), transaction is trade reported at its customers, the member must obtain the and (C) below, of the most significant respective price. customer’s written consent on an order- aspects of such statements. In view of the regulatory interest in by-order basis prior to executing a fostering a single trade report for transaction for or with the customer on (A) Self-Regulatory Organization’s Statement of the Purpose of, and riskless principal transactions, NASD a ‘‘net’’ basis and such consent must announced that a member ‘‘working an evidence the customer’s understanding Statutory Basis for, the Proposed Rule Change order’’ (that is, finding an offsetting of the terms and conditions of the order. execution or series of executions for a For those non-institutional customers 1. Purpose customer order that the member holds) that have granted trading discretion to for an institutional account or in A riskless principal transaction is a a fiduciary (e.g. an investment adviser), connection with a block-size order, transaction in which a member, after a member is permitted to obtain such would be presumed to be handling the having received a customer order consent from the fiduciary. worked order on a qualifying riskless (c) With respect to institutional executes an offsetting transaction, as principal basis with the order matched customers, a member may obtain principal, with another customer or off on each side at the same price customer consent through the use of a broker-dealer to fill that customer order (exclusive of any mark-up or mark- negative consent letter prior to and both transactions are executed at down, commission equivalent or other executing a transaction for or with the the same price. NASD announced fee) unless the customer has specifically customer on a ‘‘net’’ basis. If evidencing amendments to the trade reporting rules requested that the order be traded on a the consent of an institutional customer that required qualifying riskless net basis, at a different price.10 through the use of a negative consent principal transactions of market makers Accordingly, NASD and Nasdaq letter, before obtaining such consent, a to be the subject of a single trade recognized that there are times when a member must clearly disclose to the report.7 Prior to these amendments, both market maker will trade on a net basis institutional customer in writing the legs of a riskless principal transaction with an institution and that such market terms and conditions for handling the were reported. The amendments maker is not precluded from customer order(s) and provide the stipulated that a riskless principal accumulating a position at one price institutional customer with a transaction qualified for a single trade and executing the offsetting trade with meaningful opportunity to object to the report where each side of the trade was the customer at another price, provided execution of transactions on a net basis. executed at the same price, exclusive of that the customer has requested that the If no objection from the customer is any mark-up, mark-down, commission order be traded on a net basis and such received, then the member may equivalent or other fee. The trade arrangement satisfies the member’s best reasonably conclude that the reporting amendments in connection execution obligation and is consistent institutional customer has consented to with riskless principal transactions were with SEC and NASD statements the member trading on a ‘‘net’’ basis important for several reasons including regarding the matching of limit and with the customer and the member may the accuracy of the order audit trail and market orders. rely on such letter for all of the the transactional integrity of the volume customer’s orders (unless instructed of last sales reported to the consolidated In response to this guidance provided otherwise) pursuant to this Rule. tape. by NASD and Nasdaq, members were (d) For purposes of this Rule, (1) concerned that the presumption to trade In view of the purpose and ‘‘institutional customer’’ shall mean a at the same price did not reflect the fact importance of these amendments, NASD customer whose account qualifies as an that institutional customers have also addressed the treatment of net ‘‘institutional account’’ under Rule historically expected firms to trade with trading.8 Net trading is generally 3110(c)(4); and (2) ‘‘net’’ transaction them on a net basis. Members also were defined as a principal transaction in shall mean a principal transaction in concerned that such a presumption which a market maker, after having which a market maker, after having would place them in the difficult received an order to buy (sell) an equity received an order to buy (sell) an equity position of having to rebut it on nearly security, purchases (sells) the equity security, purchases (sells) the equity every institutional trade. Members security at one price (from (to) another security at one price (from (to) another requested guidance on how to document broker-dealer or another customer) and broker-dealer or another customer) and this understanding, and asked for then sells to (buys from) the customer at then sells to (buys from) the customer at permission to use ‘‘negative consent’’ a different price. The difference between a different price. letters, citing logistical difficulties with the execution price given to the (e) Members must retain and preserve obtaining affirmative consent from customer in a net transaction and the all documentation relating to consent customers. In response, Nasdaq, after price of the offsetting transaction to the obtained pursuant to this Rule in consultation with both the SEC and contra-side (other customer or broker- accordance with Rule 3110(a). NASD regulatory staff, stated that dealer) is in effect the market maker’s * * * * * members may use negative consent compensation.9 In sum, net trading is letters to evidence a customer’s request II. Self-Regulatory Organization’s the transactional equivalent of a riskless to trade on a net basis, as long as the Statement of the Purpose of, and principal transaction with the exception letter met specified conditions, Statutory Basis for, the Proposed Rule that the prices reported on both sides of including that the letter clearly Change the transactions are not the same. disclosed the terms and conditions for Consequently, each side of a net In its filing with the Commission, handling the order and the customer NASD included statements concerning was provided a meaningful opportunity 7 the purpose of and basis for the See Notice to Members 99–65 (August 1999). to object to the letter.11 proposed rule change and discussed any 8 Id. See also Notice to Members 01–85 (December comments it received on the proposed 2001) (Question & Answer No. 4). 9 Exchange Act Rule 10b–10(a)(2)(ii)(B) does not 10 Id. rule change. The text of these statements require such compensation to be separately 11 See SEC Release No. 34–43103 (August 1, may be examined at the places specified disclosed on the customer confirmation by market 2000); 65 FR 48774 (August 9, 2000). See also in item IV below. NASD has prepared makers. Notice to Members 00–79 (November 2000).

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Because it has been the NASD staff’s all of the customer’s orders (unless No. SR–NASD–2004–135 on the subject understanding that net trading typically instructed otherwise). line. only occurs at the request of 2. Statutory Basis institutional customers, NASD has not Paper Comments NASD believes that the proposed rule addressed specifically in prior Notices • Send paper comments in triplicate change is consistent with the provisions to Members a member’s obligations to Jonathan G. Katz, Secretary, when trading on a net basis with respect of Section 15A(b)(6) of the Act, which Securities and Exchange Commission, to non-institutional customers. requires, among other things, that 450 Fifth Street, NW., Washington, DC However, given that there is a NASD’s rules must be designed to presumption that a member cannot prevent fraudulent and manipulative 20549–0609. trade on a net basis with a customer acts and practices, to promote just and All submissions should refer to File unless the customer has specifically equitable principles of trade, and, in No. SR–NASD–2004–135. This file requested it, NASD staff has taken the general, to protect investors and the number should be included on the position that members may only trade public interest. NASD believes that the subject line if e-mail is used. To help the with non-institutional customers on a proposed rule will promote investor Commission process and review net basis after obtaining their informed protection by codifying the requirement comments more efficiently, please use consent on an order-by-order basis. that members provide disclosure and only one method. Copies of the To clarify and codify the NASD staff’s obtain customer consent when trading submission, all subsequent positions, both with respect to on a net basis. amendments, all written statements institutional and non-institutional with respect to the proposed rule customers, the proposed rule change (B) Self-Regulatory Organization’s change that are filed with the would require a member to obtain Statement on Burden on Competition Commission, and all written consent from a customer prior to NASD does not believe that the executing a transaction with a customer proposed rule change will result in any communications relating to the on a ‘‘net’’ basis. Members would be burden on competition that is not proposed rule change between the required to retain and preserve all necessary or appropriate in furtherance Commission and any person, other than documentation relating to the consent of the purposes of the Act, as amended. those that may be withheld from the obtained pursuant to the proposed rule public in accordance with the in accordance with Rule 3110(a). (C) Self-Regulatory Organization’s provisions of 5 U.S.C. 552, will be With respect to non-institutional Statement on Comments on the available for inspection and copying in customers,12 the member must obtain Proposed Rule Change Received From the Commission’s Public Reference the customer’s written consent on an Members, Participants, or Others Section, 450 Fifth Street, NW., order-by-order basis prior to executing a Written comments were neither Washington, DC 20549. Copies of such transaction for or with the customer on solicited nor received. filing will also be available for a ‘‘net’’ basis and such consent must III. Date of Effectiveness of the inspection and copying at the principal evidence the customer’s understanding office of the NASD. All comments of the terms and conditions of the order. Proposed Rule Change and Timing for Commission Action received will be posted without change; For those non-institutional customers the Commission does not edit personal that have granted trading discretion to a Within 35 days of the date of identifying information from fiduciary, such as an investment publication of this notice in the Federal submissions. You should submit only adviser, a member would be permitted Register or within such longer period (i) information that you wish to make to obtain such consent from the as the Commission may designate up to available publicly. All submissions fiduciary. 90 days of such date if it finds such With respect to institutional longer period to be appropriate and should refer to File No. SR–NASD– customers, a member also must obtain publishes its reasons for so finding or 2004–135 and should be submitted on consent, but it may be evidenced (ii) as to which the self-regulatory or before April 27, 2005. through the use of a negative consent organization consents, the Commission For the Commission, by the Division of letter. If using a negative consent letter, will: Market Regulation, pursuant to delegated the member must clearly disclose to the A. By order approve such proposed authority.13 institutional customer in the letter the rule change, or Margaret H. McFarland, terms and conditions for handling the B. Institute proceedings to determine Deputy Secretary. customer order(s) and provide the whether the proposed rule change [FR Doc. E5–1554 Filed 4–5–05; 8:45 am] institutional customer with a should be disapproved. meaningful opportunity to object to the BILLING CODE 8010–01–P IV. Solicitation of Comments execution of transactions on a net basis in the letter. If no objection is received, Interested persons are invited to then the member may reasonably submit written data, views, and conclude that the institutional customer arguments concerning the foregoing, has consented to the terms and including whether the proposed rule conditions in the letter and requested change, as amended, is consistent with that the member trade on a net basis and the Act. Comments may be submitted by the member may rely on such letter for any of the following methods: Electronic Comments 12 For purposes of the proposed rule, ‘‘institutional customer’’ shall mean a customer • Use the Commission’s Internet whose account qualifies as an ‘‘institutional comment form (http://www.sec.gov/ account’’ under Rule 3110(c)(4). A non-institutional rules/sro.shtml); or customer, therefore, would be a customer whose • account does not qualify as an institutional account Send an e-mail to rule- under Rule 3110(c)(4). [email protected]. Please include File 13 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE 4705. Nasdaq Market Center Participant or during a single calendar month, as COMMISSION Registration applicable. (5) All claims for compensation (a) through (h) No Change. [Release No. 34–51449; File No. SR–NASD– (i) Except as provided for in pursuant to this Rule shall be in writing 2005–034] paragraph (j) below, [T]the Association and must be submitted no later than the and its subsidiaries shall not be liable opening of trading on the next business Self-Regulatory Organizations; Notice for any losses, damages, or other claims day following the day on which the use of Filing and Immediate Effectiveness arising out of the Nasdaq Market Center of the Nasdaq Market Center or the Brut of Proposed Rule Change and or its use. Any losses, damages, or other system gave rise to the such claims. Amendment No. 1 Thereto by the claims, related to a failure of the Nasdaq Nothing in this rule shall obligate National Association of Securities Market Center to deliver, display, Nasdaq or Brut to seek recovery under Dealers, Inc. To Provide Limited transmit, execute, compare, submit for any applicable insurance policy. Compensation for Losses Due to clearance and settlement, adjust, retain * * * * * Malfunctions of the Order-Execution priority for, or otherwise correctly 4913. Limitation of Liability Systems of the Nasdaq Market Center process an order, Quote/Order, message, or Nasdaq’s Brut Facility or other data entered into, or created by, Except as provided for in Rule 4705(j), the Nasdaq Market Center shall be [T]the Association and its subsidiaries, March 30, 2005. as well as Nasdaq and Brut and their Pursuant to section 19(b)(1) of the absorbed by the member, or the member sponsoring the customer, that entered subsidiaries, shall not be liable for any Securities Exchange Act of 1934 losses, damages, or other claims arising (‘‘Act’’),1 and Rule 19b–4 thereunder,2 the order, Quote/Order, message, or other data into the Nasdaq Market out of the System or its use. Any losses, notice is hereby given that on March 23, damages, or other claims, related to a 2005, the National Association of Center. (j) Nasdaq, subject to the express failure of the System to deliver, display, Securities Dealers, Inc. (‘‘NASD’’), transmit, execute, compare, submit for through its subsidiary, The Nasdaq limits set forth below, may compensate users of the Nasdaq Market Center or clearance and settlement, adjust, retain Stock Market, Inc. (‘‘Nasdaq’’), filed priority for, or otherwise correctly with the Securities and Exchange Nasdaq’s Brut order execution system for losses directly resulting from the process an order, Quote/Order, message, Commission (‘‘Commission’’) the or other data entered into, or created by, proposed rule change as described in systems’ actual failure to correctly process an order, Quote/Order, message, the System shall be absorbed by the items I and II below, which items have member, or the member sponsoring the been prepared by Nasdaq. On March 24, or other data, provided the Nasdaq Market Center, or Brut system, as customer, that entered the order, Quote/ 2005, Nasdaq submitted Amendment Order, message, or other data into the No. 1 to the proposed rule change.3 applicable, has acknowledged receipt of the order, Quote/Order, message, or System. Nasdaq has filed the proposal pursuant * * * * * to section 19(b)(3)(A) of the Act 4 and data. Rule 19b–4(f)(6) thereunder,5 which (1) For one or more claims made by II. Self-Regulatory Organization’s renders the proposal effective upon a single market participant related to Statement of the Purpose of, and filing with the Commission. The the use of the Nasdaq Market Center or Statutory Basis for, the Proposed Rule Commission is publishing this notice to Brut system on a single trading day, Change solicit comments on the proposed rule Nasdaq’s liability shall not exceed the larger of $100,000, or the amount of any In its filing with the Commission, change, as amended, from interested Nasdaq included statements concerning persons. recovery obtained by Nasdaq under any applicable insurance policy. the purpose of and basis for the I. Self-Regulatory Organization’s (2) For the aggregate of all claims proposed rule change and discussed any Statement of the Terms of Substance of made by all market participants related comments it received on the proposed the Proposed Rule Change to the use of the Nasdaq Market Center rule change, as amended. The text of or Brut system on a single trading day, these statements may be examined at Nasdaq proposes to provide limited the places specified in item IV below. compensation for losses due to Nasdaq’s liability shall not exceed the larger of $250,000, or the amount of the Nasdaq has prepared summaries, set malfunctions of the order-execution forth in sections A, B, and C below, of systems of the Nasdaq Market Center or recovery obtained by Nasdaq under any applicable insurance policy. the most significant aspects of such Nasdaq’s Brut facility. Nasdaq has statements. designated this proposal as non- (3) For the aggregate of all claims controversial and has requested that the made by all market participants related A. Self-Regulatory Organization’s Commission waive the 30-day pre- to the use of the Nasdaq Market Center Statement of the Purpose of, and operative waiting period contained in or Brut system during a single calendar Statutory Basis for, the Proposed Rule Rule 19b–4(f)(6)(iii) under the Act.6 month, Nasdaq’s liability shall not Change exceed the larger of $500,000, or the The text of the proposed rule change, 1. Purpose as amended, is below. Proposed new amount of the recovery obtained by language is italicized; proposed Nasdaq under any applicable insurance Nasdaq is proposing to provide a deletions are in [brackets]. policy. limited exception to its general (4) In the event all of the claims limitation of liability rules to allow for * * * * * arising out of the use of the Nasdaq payments of claims to users for order Market Center or Brut system cannot be processing failures in the Nasdaq 1 15 U.S.C. 78s(b)(l). fully satisfied because in the aggregate Market Center and Nasdaq’s Brut 2 17 CFR 240.19b–4. they exceed the maximum amount of system. Current limitation of liability 3 Amendment No. 1 made technical corrections to the propose rule text of the proposed rule change. liability provided for in this Rule, then rules provide that Nasdaq and Brut are 4 15 U.S.C. 78s(b)(3)(A) the maximum amount will be not liable for any losses, damages, or 5 17 CFR 240.19b–4(f)(6). proportionally allocated among all such claims arising out of the Nasdaq Market 6 17 CFR 240.19b–4(f)(6)(iii). claims arising on a single trading day, Center or the Brut system or their use

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and that any such losses, damages, or Nasdaq Market Center and Brut system proposed rule change, at least five claims related to a failure of the Nasdaq users for losses arising from system business days prior to the date of filing Market Center or the Brut system must malfunctions in the order execution of the proposed rule change, or such be absorbed by the member that entered process. Nasdaq believes that the shorter time as designated by the the order into the Nasdaq Market Center potential availability of such Commission. or Brut system or that sponsored that compensation engenders confidence in Nasdaq satisfied the five-day pre- customer entering that order.7 Nasdaq market systems, and may filing requirement. In addition, Nasdaq Under the proposal, Nasdaq would encourage greater use of those systems has requested that the Commission compensate users of either the Nasdaq thereby increasing beneficial liquidity waive the 30-day operative delay. Market Center or Brut for failures of the for all system users. Finally, Nasdaq Nasdaq believes that additional benefits order-execution portion of either system notes that another market center has a and protections offered to users of to correctly process an order, Quote/ similar rule in place to likewise provide Nasdaq and Brut, including public Order, message, or other data (Order) limited compensation for system customers, impacted by system transmitted by a market participant into malfunctions.9 malfunctions should not be delayed. it, provided receipt of the entry has been 2. Statutory Basis The Commission believes that waiving acknowledged by that system. Payments the 30-day operative delay is consistent under the proposal shall be subject to Nasdaq believes that the proposed with the protection of investors and the the following limits: rule change, as amended, is consistent public interest because such waiver will (1) For one or more claims made by with the provisions of section 15A of permit users of the Nasdaq Market 10 a single market participant related to the the Act, in general, and with section Center and Brut system to avail 11 use of the Nasdaq Market Center or Brut 15A(b)(6) of the Act, in particular, in themselves of the benefits of these system on a single trading day, that it is designed to prevent fraudulent provisions immediately. In addition, the compensation would be limited to the and manipulative acts and practices, to Commission notes that the proposed larger of $100,000, or the amount of any promote just and equitable principles of rule is substantially similar to a rule recovery obtained by Nasdaq under any trade, to remove impediments to a free currently in place at another market applicable insurance policy; 8 and open market and a national market center.14 For these reasons, the (2) For the aggregate of all claims system, and, in general, to protect Commission designates the proposal to made by all market participants related investors and the public interest. be effective and operative upon filing to the use of the Nasdaq Market Center B. Self-Regulatory Organization’s with the Commission.15 or Brut system on a single trading day, Statement on Burden on Competition At any time within 60 days of the compensation will be limited to the Nasdaq does not believe that the filing of such proposed rule change, the larger of $250,000, or the amount of the proposed rule change, as amended, will Commission may summarily abrogate recovery obtained by Nasdaq under any result in any burden on competition that such rule change if it appears to the applicable insurance policy; and is not necessary or appropriate in Commission that such action is (3) For the aggregate of all claims furtherance of the purposes of the Act. necessary or appropriate in the public made by all market participants related interest, for the protection of investors to the use of the Nasdaq Market Center C. Self-Regulatory Organization’s or otherwise in furtherance of the or Brut system during a single calendar Statement on Comments on the purposes of the Act.16 Proposed Rule Change Received From month, compensation will be limited to IV. Solicitation of Comments the larger of $500,000, or the amount of Members, Participants or Others the recovery obtained by Nasdaq under Written comments were neither Interested persons are invited to any applicable insurance policy. solicited nor received. submit written data, views, and If all of the claims arising out of the arguments concerning the foregoing, use of the Nasdaq Market Center or Brut III. Date of Effectiveness of the including whether the proposed rule Proposed Rule Change and Timing for system cannot be fully satisfied because change, as amended, is consistent with Commission Action together they exceed the maximum the Act. Comments may be submitted by amount of compensation dollars The foregoing proposed rule change, any of the following methods: available, then available monies will be as amended, is subject to section Electronic Comments 19(b)(3)(A)(iii) of the Act 12 and Rule allocated on a proportional basis among • all such claims arising on a single 19b–4(f)(6) thereunder 13 because the Use the Commission’s Internet trading day or during a single calendar proposal: (i) Does not significantly affect comment form (http://www.sec.gov/ the protection of investors or the public rules/sro.shtml); or month, as applicable. All claims for • compensation must be made in writing interest; (ii) does not impose any Send an e-mail to rule- and submitted to Nasdaq no later than significant burden on competition; and [email protected]. Please include File the opening of trading on the next (iii) does not become operative prior to Number SR–NASD–2005–034 on the business day after the day on which the 30 days after the date of filing or such subject line. use of Nasdaq’s facilities gave rise to the shorter time as the Commission may Paper Comments compensation claim. designate if consistent with the • Send paper comments in triplicate Nasdaq states that it will apply the protection of investors and the public to Jonathan G. Katz, Secretary, proposed rule in a non-discriminatory interest; provided that Nasdaq has given Securities and Exchange Commission, manner, and believes that the proposed the Commission notice of its intent to rule change provides a uniform non- file the proposed rule change, along with a brief description and text of the 14 See PCXE Rule 13.2. discriminatory method to compensate 15 For purposes only of accelerating the operative date of this proposal, the Commission has 9 7 See NASD Rules 4705(i) and 4913. See PCXE Rule 13.2. considered the proposed rule’s impact on 10 8 The decision to seek recovery under any 15 U.S.C. 78o–3. efficiency, competition, and capital formation. 15 applicable insurance policy for any claim shall be 11 15 U.S.C. 78o–3(b)(6). U.S.C. 78c(f). within Nasdaq’s sole discretion. See NASD Rule 12 15 U.S.C. 78s(b)(3)(A)(iii). 16 See Section 19(b)(3)(C) of the Act, 15 U.S.C. 4705(j)(5). 13 17 CFR 240.19b–4(f)(6). 78s(b)(3)(C).

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450 Fifth Street, NW., Washington, DC Exchange Commission (‘‘Commission’’) of care.5 In addition, the Commission 20549–0609. and on March 15, 2005, amended the has recognized that a gross negligence All submissions should refer to File proposed rule change described in Items standard of care is appropriate for Number SR–NASD–2005–034. This file I, II, and III below, which items have certain noncustodial functions where a number should be included on the been prepared primarily by NSCC. The clearing agency, its board of directors, subject line if e-mail is used. To help the Commission is publishing this notice to and its members determine to allocate Commission process and review your solicit comments on the proposed rule risk to individual service users.6 comments more efficiently, please use change from interested parties. NSCC believes that adopting a only one method. The Commission will uniform rule 7 limiting NSCC’s liability post all comments on the Commission’s I. Self-Regulatory Organization’s Statement of the Terms of Substance of Internet Web site (http://www.sec.gov/ 5 Id. rules/sro.shtml). Copies of the the Proposed Rule Change 6 Securities Exchange Act Release No. 26154 submission, all subsequent NSCC is seeking to establish a (October 3, 1988), 53 FR 39556. NSCC’s services provided to members are noncustodial in that, other amendments, all written statements comprehensive standard of care and than clearing fund deposits, it does not hold its with respect to the proposed rule limitation of liability with respect to its members’ funds or securities. change that are filed with the members. 7 The proposed language of new Section 2 of Rule 58 is as follows: Commission, and all written II. Self-Regulatory Organization’s communications relating to the SEC. 2. Notwithstanding any other provision in Statement of the Purpose of, and the Rules: proposed rule change between the Statutory Basis for, the Proposed Rule (a) The Corporation will not be liable for any Commission and any person, other than Change action taken, or any delay or failure to take any those that may be withheld from the action, hereunder or otherwise to fulfill the public in accordance with the In its filing with the Commission, Corporation’s obligations to its Members including NSCC included statements concerning Settling Members, Settling Bank Only Members, provisions of 5 U.S.C. 552, will be Municipal Comparison Only Members, Insurance available for inspection and copying in the purpose of and basis for the Carrier Members, TPA Members, Mutual Fund/ the Commission’s Public Reference proposed rule change and discussed any Insurance Services Members, Non-Clearing Room. Copies of the filing also will be comments it received on the proposed Members, Fund Members and Data Services Only rule change. The text of these statements Members, other than for losses caused directly by available for inspection and copying at the Corporation’s gross negligence, willful the principal office of the NASD. All may be examined at the places specified misconduct, or violation of Federal securities laws comments received will be posted in Item IV below. NSCC has prepared for which there is a private right of action. Under without change; the Commission does summaries, set forth in sections (A), (B), no circumstances will the Corporation be liable for not edit personal identifying and (C) below, of the most significant the acts, delays, omissions, bankruptcy, or aspects of these statements.2 insolvency, of any third party, including, without information from submissions. You limitation, any depository, custodian, sub- should submit only information that (A) Self-Regulatory Organization’s custodian, clearing or settlement system, transfer you wish to make available publicly. All Statement of the Purpose of, and agent, registrar, data communication service or submissions should refer to File delivery service (‘‘Third Party’’), unless the Statutory Basis for, the Proposed Rule Corporation was grossly negligent, engaged in Number SR–NASD–2005–034 and Change willful misconduct, or in violation of Federal should be submitted on or before April securities laws for which there is a private right of 27, 2005. NSCC is seeking to establish a action in selecting such Third Party. comprehensive standard of care and (b) Under no circumstances will the Corporation For the Commission, by the Division of limitation of liability with respect to its be liable for any indirect, consequential, incidental, Market Regulation, pursuant to delegated members. Historically, the Commission special, punitive or exemplary loss or damage authority.17 has left to user-governed clearing (including, but not limited to, loss of business, loss Margaret H. McFarland, of profits, trading losses, loss of opportunity and agencies the question of how to allocate loss of use) howsoever suffered or incurred, Deputy Secretary. losses associated with, among other regardless of whether the Corporation has been [FR Doc. E5–1555 Filed 4–5–05; 8:45 am] things, clearing agency functions.3 The advised of the possibility of such damages or BILLING CODE 8010–01–P Commission has reviewed clearing whether such damages otherwise could have been foreseen or prevented. agency services on a case-by-case basis (c) With respect to instructions given to the and in determining the appropriate Corporation by a Special Representative/Index SECURITIES AND EXCHANGE standard of care has balanced the need Recipient Agent, the Corporation shall have no COMMISSION for a high degree of clearing agency care responsibility or liability for any errors which may occur in the course of transmissions or recording of [Release No. 34–51458; File No. SR–NSCC– with the effect the resulting liabilities any transmissions or which may exist in any 2004–09] may have on clearing agency operations, magnetic tape, document or other media so costs, and safekeeping of securities and delivered to the Corporation. Self-Regulatory Organizations; funds.4 Because standards of care (d) With respect to the Corporation’s distribution National Securities Clearing represent an allocation of rights and facilities, the Corporation assumes no responsibility Corporation; Notice of Filing of whatever for the form or content of any tickets, liabilities between a clearing agency and checks, papers, documents or other material (other Proposed Rule Change To Establish a its members, which are sophisticated than items prepared by it) placed in the boxes in Comprehensive Standard of Care and financial entities, the Commission has its distribution facilities assigned to each Settling Limitation of Liability to Its Members refrained from establishing a unique Member, Municipal Comparison Only Member, Insurance Carrier Member, TPA Member, Fund March 31, 2005. federal standard of care and generally Member and Data Services Only Member, or Pursuant to Section 19(b)(1) of the has allowed clearing agencies and other otherwise handled by the Corporation; nor does the Securities Exchange Act of 1934 self-regulatory organizations and their Corporation assume any responsibility for any members to establish their own standard improper or unauthorized removal from such boxes (‘‘Act’’),1 notice is hereby given that on or from the Corporation’s facilities of any such December 8, 2004, the National tickets, checks, papers, documents or other Securities Clearing Corporation 2 The Commission has modified the text of the material, including items prepared by the summaries prepared by NSCC. (‘‘NSCC’’) filed with the Securities and Corporation. 3 Securities Exchange Act Release Nos. 20221 (e) With respect to Fund/Serv transactions, the (September 23, 1983), 48 FR 45167 and 22940 Corporation will not be responsible for the 17 CFR 200.30–3(a)(12). (February 24, 1986), 51 FR 7169. completeness or accuracy of any transaction or 1 15 U.S.C. 78s(b)(1). 4 Id. instruction received from or transmitted to a

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to its members to direct losses caused by (C) Self-Regulatory Organization’s Commission and any person, other than NSCC’s gross negligence, willful Statement on Comments on the those that may be withheld from the misconduct, or violation of Federal Proposed Rule Change Received From public in accordance with the securities laws for which there is a Members, Participants or Others provisions of 5 U.S.C. 552, will be private right of action would: (1) NSCC has not solicited or received available for inspection and copying in Memorialize an appropriate commercial any written comments on this proposal. the Commission’s Public Reference standard of care that will protect NSCC NSCC will notify the Commission of any Section, 450 Fifth Street, NW., from undue liability; 8 (2) permit the written comments it receives. Washington, DC 20549. Copies of such resources of NSCC to be appropriately filing also will be available for III. Date of Effectiveness of the utilized for promoting the accurate inspection and copying at the principal Proposed Rule Change and Timing for office of NSCC and on NSCC’s Web site clearance and settlement of securities; Commission Action and (3) would be consistent with similar at http://www.nscc.com/legal. All comments received will be posted rules adopted by other self-regulatory Within thirty-five days of the date of without change; the Commission does organizations and approved by the publication of this notice in the Federal not edit personal identifying Commission.9 Register or within such longer period (i) as the Commission may designate up to information from submissions. You NSCC believes that the proposed rule ninety days of such date if it finds such should submit only information that change is consistent with the longer period to be appropriate and you wish to make available publicly. All requirements of Section 17A of the publishes its reasons for so finding or submissions should refer to File Act 10 and the rules and regulations (ii) as to which the self-regulatory Number SR–NSCC–2004–09 and should thereunder applicable to NSCC because organization consents, the Commission be submitted on or before April 26, it will permit the resources of NSCC to will: 2005. be appropriately utilized for promoting (A) By order approve such proposed the accurate clearance and settlement of rule change or For the Commission by the Division of (B) institute proceedings to determine Market Regulation, pursuant to delegated securities. 11 whether the proposed rule change authority. (B) Self-Regulatory Organization’s should be disapproved. Margaret H. McFarland, Statement on Burden on Competition Deputy Secretary. IV. Solicitation of Comments [FR Doc. E5–1566 Filed 4–5–05; 8:45 am] NSCC does not believe that the Interested persons are invited to BILLING CODE 8010–01–P proposed rule change will impose a submit written data, views, and burden on competition not necessary or arguments concerning the foregoing, appropriate in furtherance of the including whether the proposed rule SECURITIES AND EXCHANGE purposes of the Act. change is consistent with the Act. COMMISSION Comments may be submitted by any of Settling Member, Data Services Only Member, TPA the following methods: [Release No. 34–51453; File No. SR–Phlx– Member, TPA Settling Entity, Mutual Fund 2005–16] Processor or Fund Member through Fund/Serv, nor Electronic Comments for any errors, omissions or delays which may occur • Use the Commission’s Internet in the transmission of a transaction or instruction Self-Regulatory Organizations; to or from a Settling Member, Data Services Only comment form (http://www.sec.gov/ Philadelphia Stock Exchange, Inc.; Member, TPA Member, TPA Settling Entity, Mutual rules/sro.shtml) or Notice of Filing and Immediate • Fund Processor or Fund Member. Send an E-mail to rule- Effectiveness of Proposed Rule (f) The Corporation will not be responsible for the [email protected]. Please include File Change and Amendment No. 1 Thereto completeness or accuracy of any IPS Data and Number SR–NSCC–2004–09 on the Repository Data received from or transmitted to an Relating to Streaming Quote Trader Insurance Carrier Member, Member or Data Services subject line. Fees Only Member through IPS nor for any errors, omissions or delays which may occur in the Paper Comments March 30, 2005. transmission of such IPS Data and Repository Data • Send paper comments in triplicate Pursuant to section 19(b)(1) of the to or from an Insurance Carrier Member, or Data to Jonathan G. Katz, Secretary, Services Only Member. Securities Exchange Act of 1934 Securities and Exchange Commission, 8 NSCC has always operated under a gross (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 450 Fifth Street, NW., Washington, DC negligence standard of care and both internal and notice is hereby given that on February external counsel have consistently advised 20549–0609. members that this is the case. NSCC is seeking to All submissions should refer to File 28, 2005, the Philadelphia Stock eliminate any confusion due to the absence of a Exchange, Inc. (‘‘Phlx’’ or ‘‘Exchange’’) clear standard set forth in its rules and to Number SR–NSCC–2004–09. This file number should be included on the submitted to the Securities and memorialize its historical practice. In addition, Exchange Commission (‘‘Commission’’) NSCC has in effect a service agreement with the subject line if e-mail is used. To help the Fixed Income Clearing Corporation (‘‘FICC’’) Commission process and review your the proposed rule change as described pursuant to which FICC provides services for comments more efficiently, please use in items I, II, and III below, which items NSCC’s fixed income products. This service have been prepared by the Phlx. On agreement provides for a gross negligence standard only one method. The Commission will of care. In the absence of this proposed rule, NSCC March 30, 2005, Phlx filed Amendment post all comments on the Commission’s 3 could be in the position of having to pay for losses Internet Web site (http://www.sec.gov/ No. 1 to the proposed rule change. The caused by FICC that are not recoverable under the rules/sro.shtml). Copies of the Exchange filed the proposed rule change agreement. pursuant to section 19(b)(3)(A) of the 9 See, e.g., Securities Exchange Act Release Nos. submission, all subsequent 37421 (July 11, 1996), 61 FR 37513 [File No. SR– amendments, all written statements CBOE–96–02]; 37563 (August 14, 1996), 61 FR with respect to the proposed rule 11 17 CFR 200.30–3(a)(12). 1 43285 [File No. SR–PSE–96–21]; 48201 (July 21, change that are filed with the 15 U.S.C. 78s(b)(1). 2003), 68 FR 44128 [File No. SR–GSCC–2002–10]; 2 17 CFR 240.19b–4. and 49373 (March 8, 2004), 69 FR 11921 [File No. Commission, and all written 3 Amendment No. 1 clarified the proposed SQT SR–FICC–2003–09]. communications relating to the fees in response to comments received from 10 15 U.S.C. 78q–1. proposed rule change between the Commission staff.

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Act 4 which renders it effective upon I. Self-Regulatory Organization’s The complete text of the proposed rule filing with the Commission. The Statement of the Terms of Substance of change is available on Phlx’s Web site Commission is publishing this notice to the Proposed Rule Change (http://www.phlx.com), at the Phlx’s solicit comments on the proposed rule principal office, and at the change, as amended, from interested Phlx proposes to amend its schedule Commission’s Public Reference Room. persons. of fees to adopt a fee schedule for SQT fees and credits would apply as Streaming Quote Traders (‘‘SQTs’’).5 follows: 6

Category I ...... No Charge. SQT is eligible to trade: 6 • Up to 200 equity and index options issues. • Not eligible for a permit credit. Category II ...... $2200.00 per calendar month. SQT is eligible to trade: • Up to 400 equity and index options issues. • Maximum permit credit is $2200.00 per calendar month. Category III ...... $3200.00 per calendar month. SQT is eligible to trade: • Up to 600 equity and index options issues. • Maximum permit credit is $3200.00 per calendar month. Category IV ...... $4200.00 per calendar month. SQT is eligible to trade: • Up to 800 equity and index options issues. • Maximum permit credit is $4200.00 per calendar month. Category V ...... $5200.00 per calendar month. SQT is eligible to trade: • Up to 1000 equity and index options issues. • Maximum permit credit is $5200.00 per calendar month. Category VI ...... $6200.00 per calendar month. SQT is eligible to trade: • Up to 1200 equity and index options issues. • Maximum permit credit is $6200.00 per calendar month. Category VII ...... $7200.00 per calendar month. SQT is eligible to trade: • All listed equity and index options. • Maximum permit credit is $7200.00 per calendar month. II. Self-Regulatory Organization’s A. Self-Regulatory Organization’s believes that it is now appropriate to Statement of the Purpose of, and Statement of the Purpose of, and assess the proposed SQT fees. Statutory Basis for, the Proposed Rule Statutory Basis for, the Proposed Rule Each member organization will be Change Change assessed per month a SQT fee based on the total number of options in which all In its filing with the Commission, the 1. Purpose SQTs in the same member organization Phlx included statements concerning The Exchange proposes to adopt a fee are assigned. A member organization the purpose of, and basis for, the schedule for SQTs in order to provide will be assessed a SQT fee based on the proposed rule change and discussed any competitive fees for SQTs. The aggregate amount of equity options and comments it received on the proposed Exchange believes that the proposed index options traded by the SQTs in rule change. The text of these statements SQT fee schedule creates an incentive that member organization. However, may be examined at the places specified for SQTs to remain on the Exchange’s credits may be earned to offset the in item IV below. The Exchange has options floor, thereby providing the amount of the SQT fee assessed on the prepared summaries, set forth in necessary liquidity for floor-brokered member organization. The amount of sections A, B, and C below, of the most orders traded in-crowd. Currently, all credit that can be earned by each significant aspects of such statements. Phlx listed equity options and index member organization on a monthly basis options trade on Phlx XL, and SQTs is based on the number of permit have had the opportunity to acclimate holders, who are also SQTs, per member organization, subject to a maximum themselves to the electronic trading allowable permit credit applicable to environment. Thus, the Exchange each SQT category.7 Thus, the member

4 15 U.S.C. 78s(b)(3)(A). 6 A member organization will be assessed an SQT within that member organization. Thus, if the 5 A SQT is a Registered Options Trader (‘‘ROT’’) fee based on the aggregate amount of equity options member organization only had one SQT, it would who has received permission from the Exchange to and index options traded by the SQTs in that receive a credit of $1200 per calendar month and generate and submit option quotations member organization. would be assessed a reduced SQT fee of $1000.00 7 electronically through an electronic interface with The amount of the credit is based on $1200 for for that calendar month. However, if the member the first ROT (acting as a SQT) permit and $1000 the Exchange’s automated options market organization had two SQTs within its organization, for each additional ROT (acting as a SQT) permit, (‘‘AUTOM’’) via an Exchange approved proprietary it would receive a total credit of $2200.00 per subject to the maximum permit credit allowed for electronic quoting device in eligible options to each category. For example, if a member calendar month ($1200 for the first ROT acting as which the SQT is assigned. See Exchange Rule organization is assessed a monthly Category II SQT a SQT and $1000 for the second ROT acting as a 1014(b)(ii). In July 2004, the Exchange began fee of $2200.00 per calendar month, that member SQT) and would be charged a reduced SQT fee of trading equity options on Phlx XL, the Exchange’s organization would be eligible to receive a permit $0.00 for that calendar month. A member electronic trading platform for options, followed by credit against the $2200.00 SQT fee depending on organization may receive credit only for an ROT index options in December 2004. the number of permits held by ROTs acting as SQTs permit fee when such ROT is acting as a SQT

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organization will be eligible to receive a higher category level without being III. Date of Effectiveness of the credit against the SQT fee for the assessed the appropriate SQT fee. Proposed Rule Change and Timing for number of actual permits issued to the All other applicable Exchange fees Commission Action member organization that are utilized by will continue to apply, such as The foregoing proposed rule change an SQT, resulting in a reduced SQT fee. transaction and comparison charges. has been designated as a fee change The proposed SQT fees and The proposed SQT fees are scheduled to pursuant to section 19(b)(3)(A)(ii) of the corresponding credits will be assessed become effective for transactions Act 14 and subparagraph (f)(2) of Rule on a monthly basis. The highest settling on or after March 1, 2005. 19b–4 thereunder.15 Accordingly, the applicable SQT fee will be assessed The Exchange is also proposing to proposal will take effect upon filing based on the highest SQT category level make minor technical changes to with the Commission. At any time in which the SQT was qualified at any renumber certain footnotes. The within 60 days of the filing of such rule time during a particular calendar purpose of renumbering the footnotes is change, the Commission may summarily month. For example, if a SQT is eligible to update the fee schedule to reflect abrogate such rule change if it appears to the Commission that such action is to trade at any time in a given calendar certain footnotes that were recently necessary or appropriate in the public month as a Category I SQT, and added to the exchange’s fee schedule. sometime during that same calendar interest, for the protection of investors, month becomes qualified and eligible to 2. Statutory Basis or otherwise in furtherance of the purpose of the Act.16 trade as a Category II SQT, the SQT The Exchange believes that its member organization will be assessed proposal to amend its schedule of fees IV. Solicitation of Comments the fee applicable to a Category II SQT, is consistent with section 6 of the Act,11 Interested persons are invited to regardless of when such SQT became in general, and furthers the objectives of submit written data, views, and eligible to trade at the Category II level, section 6(b)(4) of the Act,12 in arguments concerning the foregoing, and regardless if, during that same particular, in that it provides for the including whether the proposed rule calendar month, the SQT resumed equitable allocation of reasonable fees change, as amended, is consistent with eligibility as a Category I SQT.8 among its members. The proposed SQT the Act. Comments may be submitted by SQTs are assigned to trade options by fees are lower than RSQT fees 13 because any of the following methods: SQTs have more out-of-pocket costs the Exchange’s Options Allocation, Electronic Comments Evaluation, and Securities Committee associated with their streaming quote (‘‘OAESC’’).9 Once assigned in an systems. For example, SQTs generally • Use the Commission’s Internet option by the OAESC, the Exchange’s have to purchase additional software comment form (http://www.sec.gov/ Financial Automation Department 10 programs and hardware from outside rules/sro.shtml); or • activates the connections necessary for vendors to support their streaming Send an e-mail to rule- access to the Exchange’s systems quote systems, in addition to incurring [email protected]. Please include File respecting the option symbol(s) assigned additional costs associated with market Number SR–Phlx–2005–16 on the to the SQT. Thus, a SQT could not trade data (known as Hyperfeed) to enable subject line. options in which it is not assigned, and them to price options within their Paper Comments could not thereby function as a SQT in particular options pricing model. • Send paper comments in triplicate B. Self-Regulatory Organization’s to Jonathan G. Katz, Secretary, because the Exchange has determined, based on Statement on Burden on Competition current permit statistics, that member organizations Securities and Exchange Commission, with ROT permits do not apply for other types of 450 Fifth Street, NW., Washington, DC permits, unlike the Remote Streaming Quote Trader The Exchange does not believe that 20549–0609. (‘‘RSQT’’) fee and corresponding credit. See the proposed rule change will impose All submissions should refer to File Securities Exchange Act Release No. 51428 (March any inappropriate burden on Number SR–Phlx–2005–16. This file 24, 2005), 70 FR 16325 (March 30, 2005) (SR–Phlx– competition. 2005–12). number should be included on the 8 For example, if a member organization’s SQT is C. Self-Regulatory Organization’s subject line if e-mail is used. To help the eligible to trade up to 200 equity and index options Statement on Comments on the Commission process and review your issues at any time in a given month, and is thus comments more efficiently, please use qualified as a Category I SQT, and sometime during Proposed Rule Change Received From that month becomes eligible to trade up to 400 Members, Participants or Others only one method. The Commission will equity and index options issues during that same post all comments on the Commission’s month, and is thus qualified as a Category II SQT, No written comments were either Internet Web site (http://www.sec.gov/ the member organization employing that SQT will solicited or received. rules/sro.shtml). Copies of the be assessed the fee applicable to a Category II SQT, regardless of when, during that month, the SQT submission, all subsequent became eligible to trade at the Category II level. 11 15 U.S.C. 78f. amendments, all written statements 9 See Exchange Rule 507. The OAESC has 12 15 U.S.C. 78f(b)(4). with respect to the proposed rule jurisdiction over the allocation, retention and 13 A RSQT is an Exchange ROT that is a member change that are filed with the transfer of the privileges to deal in all options to, or member organization of the Exchange with no Commission, and all written by and among members on the options and foreign physical trading floor presence who has received currency options trading floors. See Exchange By- permission from the Exchange to generate and communications relating to the Law Article X, Section 10–7. submit option quotations electronically through proposed rule change between the 10 The Exchange’s Financial Automation AUTOM in eligible options to which such RSQT Commission and any person, other than Department is responsible for the design, has been assigned. A RSQT may only submit such those that may be withheld from the development, implementation, testing and quotations electronically from off the floor of the maintenance of the Exchange’s automated trading Exchange. A RSQT may only trade in a market systems, surveillance systems, and back office making capacity in classes of options in which he 14 15 U.S.C. 78s(b)(3)(A)(ii). systems, and for monitoring the quality of is assigned. See Exchange Rule 1014(b)(ii)(B). See 15 17 CFR 240.19b–4(f)(2). performance and operational readiness of such Securities Exchange Act Release Nos. 51126 16 For purposes of calculating the 60-day systems, in addition to user training and validation (February 2, 2005), 70 FR 6915 (February 9, 2005) abrogation period, the Commission considers the of user technology as it pertains to such users’ (SR–Phlx–2004–90) and 51428 (March 24, 2005), 70 proposal to have been filed on March 30, 2005, the interfacing with the Exchange’s systems. FR 16325 (March 30, 2005) (SR–Phlx–2005–12). date the Phlx filed Amendment No. 1.

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public in accordance with the Estimated Number of Responses: 11, Application for a U.S. Passport or provisions of 5 U.S.C. 552, will be 525,000 annually. Registration. available for inspection and copying in Average Hours Per Response: 1 hour. Methodology: Passport Services the Commission’s Public Reference Total Estimated Burden: 525,000 collects the information from U.S. Room. Copies of such filing also will be hours annually. citizens or non-citizen nationals when available for inspection and copying at Frequency: On occasion. they voluntarily complete and submit the principal office of the Phlx. All Obligation to Respond: Required to the Statement of Consent or Special comments received will be posted Obtain a Benefit. Circumstances: Issuance of a Passport to without change; the Commission does DATES: The Department will accept a Minor Under Age 14. Passport not edit personal identifying comments from the public up to 60 days applicants can either download the form information from submissions. You from April 6, 2005. from the Internet or pick one up from should submit only information that ADDRESSES: You may submit comments an Acceptance Facility/Passport you wish to make available publicly. All by any of the following methods: Agency. The form must be completed submissions should refer to File E-mail: [email protected]. You and then signed in the presence of a Number SR–Phlx–2005–16 and should must include the DS form number (if notary. The notary will complete his/her be submitted on or before April 27, applicable), information collection title, portion of the form and affix the notary 2005. and OMB control number in the subject seal. The form is then submitted along For the Commission, by the Division of line of your message. with the Form DS–11 Application for a Market Regulation, pursuant to delegated Mail (paper, disk, or CD–ROM U.S. Passport. authority.17 submissions): Susan Cowlishaw, US Dated: February 16, 2005. Margaret H. McFarland, Department of State, CA/PPT/FO/FC, Frank Moss, Deputy Secretary. 2100 Pennsylvania Avenue, NW, 3rd Deputy Assistant Secretary for Passport [FR Doc. E5–1553 Filed 4–5–05; 8:45 am] Floor/Room 3040/SA–29, Washington Services, Bureau of Consular Affairs, DC 20037. BILLING CODE 8010–01–P Department of State. FOR FURTHER INFORMATION CONTACT: [FR Doc. 05–6936 Filed 4–5–05; 8:45 am] Direct requests for additional BILLING CODE 4710–06–P DEPARTMENT OF STATE information regarding the collection listed in this notice, including requests [Public Notice 5039] for copies of the proposed information DEPARTMENT OF STATE collection and supporting documents, to 60-Day Notice of Proposed Information [Public Notice 5038] Susan Cowlishaw, U.S. Department of Collection: Form DS–3053, Statement State, CA/PPT/FO/FC, 2100 of Consent or Special Circumstances: Guidelines for the Exercise of the Law Pennsylvania Avenue, NW., 3rd Floor/ Issuance of a Passport to a Minor Enforcement Authorities by Special Room 3040/ SA–29, Washington DC Under Age 14, OMB Control Number Agents of the Diplomatic Security 20037, who may be reached on 202– 1405–0129 Service 261–8957 or [email protected]. SUMMARY: In accordance with section ACTION: Notice of request for public SUPPLEMENTARY INFORMATION: We are comments. soliciting public comments to permit 202 (c) of the Foreign Relations the Department to: Authorization Act, Fiscal Year 2003, SUMMARY: The Department of State is • Evaluate whether the proposed which amended section 37 of the State seeking Office of Management and information collection is necessary for Department Basic Authorities Act (22 Budget (OMB) approval for the the proper performance of our U.S.C. 2709), notice is hereby given that information collection described below. functions. pursuant to letters dated March 7, 2005, The purpose of this notice is to allow 60 • Evaluate the accuracy of our the State Department advised days for public comment in the Federal estimate of the burden of the proposed appropriate congressional committee Register preceding submission to OMB. collection, including the validity of the members that the Secretary of the We are conducting this process in methodology and assumptions used. Department of Homeland Security and accordance with the Paperwork • Enhance the quality, utility, and the Attorney General approved the Reduction Act of 1995. clarity of the information to be Guidelines for the Exercise of Law Title of Information Collection: collected. Enforcement Authorities by Special Statement of Consent or Special • Minimize the reporting burden on Agents of the Diplomatic Security Circumstances: Issuance of a Passport to those who are to respond, including the Service. This new subsection of 22 a Minor Under Age 14. use of automated collection techniques U.S.C. 2709 expands authority for OMB Control Number: 1405–0129. or other forms of technology. special agents of the Department of State Type of Request: Revision of a Abstract of proposed collection: The and the Foreign Service to obtain and currently approved collection. Statement of Consent or Special execute subpoenas and arrest warrants Originating Office: Bureau of Consular Circumstances: Issuance of a Passport to and to make arrests without warrant Affairs, Department of State, Passport a Minor Under Age 14 is used by the subject to guidelines approved by the Services, Office of Field Operations, parent(s) or legal guardian(s) of a minor Secretary of State, the Secretary of Field Coordination Division. CA/PPT/ U.S. citizen or non-citizen national Treasury (and now the Secretary of FO/FC. under the age of 14 to document the Homeland Security per the Homeland Form Number: DS–3053. written notarized consent to issuance of Security Act of 2002) and the Attorney Respondents: Individuals or a U.S. passport to the minor of a parent General. The approved set of guidelines Households. or legal guardian who is not present at constitutes a statement of policy that Estimated Number of Respondents: the time the application is made, or to will govern such activities by special 525,000 annually. document the existence of exigent or agents of the Bureau of Diplomatic special family circumstances. This form Security to the United States pursuant 17 17 CFR 200.30–3(a)(12). is used in conjunction with Form DS– to 22 U.S.C. 2709.

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FOR FURTHER INFORMATION CONTACT: President has the authority to grant CNL submission itself, and not as separate Jenna M. Litschewski, Attorney Adviser, waivers, as set forth in section 503(d) of files. L/LM/DS, at 571–345–2955 or the 1974 Act (19 U.S.C. 2463(d)). If the submission contains business [email protected]. Modifications to the list of articles confidential information, a non- Dated: March 30, 2005. eligible for duty-free treatment under confidential version of the submission the GSP and CNL waivers resulting from must also be submitted that indicates Joe D. Morton, the 2004 Annual Review will be where confidential information was Acting Assistant Secretary for Diplomatic announced on or about June 30, 2005, redacted by inserting asterisks where Security Service, Department of State. in the Federal Register, and any material was deleted. In addition, the [FR Doc. 05–6822 Filed 4–5–05; 8:45 am] changes will take effect on the effective confidential submission must be clearly BILLING CODE 4710–43–P date announced. marked ‘‘BUSINESS CONFIDENTIAL’’ at the top and bottom of each page of the Opportunities for Public Comment and document. The non-confidential version Inspection of Comments OFFICE OF THE UNITED STATES must also be clearly marked at the top TRADE REPRESENTATIVE The GSP Subcommittee of the TPSC and bottom of each page (either invites comments in support of or in ‘‘PUBLIC VERSION’’ or ‘‘NON- Generalized System of Preferences opposition to any proposed CNL waiver CONFIDENTIAL’’). Documents that are (GSP): Addendum Notice Regarding which is included in this addition to the submitted without any marking might Competitive Need Limitations in the Annual Review (Annex II). Submissions not be accepted or will be considered 2004 Annual Review should comply with 15 CFR part 2007, public documents. except as modified below. All AGENCY: Office of the United States For any document containing submissions should identify the Trade Representative. business confidential information proposed CNL waiver(s) in terms of the submitted as an electronic attached file ACTION: Notice. HTS subheading number and country of to an e-mail transmission, the file name SUMMARY: The Office of the United origin as shown in Annex II. The GSP of the business confidential version States Trade Representative (USTR) regulations (15 CFR part 2007) provide should begin with the characters ‘‘BC-’’, released a notice on February 25, 2005, the schedule of dates for conducting an and the file name of the public version to announce the product petitions that annual review unless otherwise should begin with the characters ‘‘P-’’. were accepted for further review in the specified in a Federal Register notice. The ‘‘P-’’ or ‘‘BC-’’ should be followed 2004 GSP Annual Review, and set forth This notice specifies the schedule for by the name of the party (government, the schedule for comment and public public comment and hearings on the company, union, association, etc.) hearing on these petitions, for proposed CNL waivers, set out in Annex which is making the submission. requesting participation in the hearing, I. E-mail submissions should not and for submitting pre-hearing and post- Requirements for Submissions include separate cover letters or messages in the message area of the e- hearing briefs. This addendum is to In order to facilitate prompt inform the public of the addition of mail; information that might appear in processing of submissions, USTR any cover letter should be included several self-initiated competitive need strongly urges and prefers electronic e- limitation (CNL) waiver requests and directly in the attached file containing mail submissions in response to this the submission itself, including the sets forth a schedule for public notice. Hand-delivered submissions will participation. sender’s e-mail address and other not be accepted. These submissions identifying information. The e-mail FOR FURTHER INFORMATION CONTACT: should be single copy transmissions in address for these submissions is Contact the GSP Subcommittee of the English with the total submission not to [email protected]. Documents not Trade Policy Staff Committee, Office of exceed 50 single-spaced standard letter- submitted in accordance with these the United States Trade Representative, size pages. E-mail submissions should instructions might not be considered in 1724 F Street, NW., Room F–220, use the following subject line: this review. If unable to provide Washington, DC 20508. The telephone ‘‘Comments on 2004 CNL Review’’ submissions by e-mail, please contact number is (202) 395–6971. followed by the HTS subheading the GSP Subcommittee to arrange for an SUPPLEMENTARY INFORMATION: The GSP number and the country of origin found alternative method of transmission. provides for the duty-free importation of in the Annex II and, as appropriate Public versions of all documents designated articles when imported from ‘‘Written Comments’’, ‘‘Notice of Intent relating to this review will be available designated beneficiary developing to Testify’’, ‘‘Pre-hearing brief’’, ‘‘Post- for review shortly after the due date, by countries. The GSP is authorized by title hearing brief’’ or ‘‘Comments on USITC appointment in the USTR public V of the Trade Act of 1974 (19 U.S.C. Advice’’. Documents must be submitted reading room, 1724 F Street, NW., 2461, et seq.), as amended (the ‘‘1974 in English in one of the following Washington, DC. Appointments may be Act’’), and is implemented in formats: WordPerfect (.WPD), MSWord made from 9:30 a.m. to noon and 1 p.m. accordance with Executive Order 11888 (.DOC) , or text (.TXT) files. Documents to 4 p.m., Monday through Friday, by of November 24, 1975, as modified by may not be submitted as electronic calling (202) 395–6186. subsequent Executive Orders and image files or contain imbedded images Presidential Proclamations. (for example, ‘‘.JPG’’, ‘‘.TIF’’, ‘‘.PDF’’, Notice of Public Hearings Section 503(c)(2)(A) of the 1974 Act ‘‘.BMP’’, or ‘‘.GIF’’). E-mail submissions Hearings will be held by the GSP states that the President must terminate containing such files will not be Subcommittee of the TPSC on May 2, GSP duty-free treatment for an article accepted. Supporting documentation 2005, beginning at 10 a.m. at the White from a beneficiary submitted as spreadsheets are House Conference Center, Truman by July 1 of the next calendar year if the acceptable as Quattro Pro or Excel files, Room, 726 Jackson Place, NW., import value of that article exceeds a set formatted for printing on 81⁄2 x 11 inch Washington, DC. The hearings will be amount ($115 million in 2004) or paper. To the extent possible, any data open to the public and a transcript of exceeds 50 percent of total U.S. imports attachments to the submission should the hearings will be made available for of the article from all countries. The be included in the same file as the public inspection or can be purchased

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from the reporting company. No April 28, 2005. Oral testimony before President, pursuant to section 332(g) of electronic media coverage will be the GSP Subcommittee will be limited the Tariff Act of 1930, the U.S. Trade allowed. to five-minute presentations that Representative has requested that the All interested parties wishing to make summarize or supplement information USITC provide its advice on the an oral presentation at the hearings contained in briefs or statements probable economic effect of the must submit, following the above submitted for the record. Post-hearing proposed CNL waivers. Comments by ‘‘Requirements for Submissions’’, the briefs or statements will be accepted if interested persons on the USITC Report name, address, telephone number, and they conform with the regulations cited prepared as part of the product review facsimile number and e-mail address, if above and are submitted, in English, by should be submitted by 5 p.m., 5 days available, of the witness(es) representing 5 p.m., May 27, 2005. Parties not after the date of USITC publication of its their organization to the Chairman of wishing to appear at the public hearings report. the GSP Subcommittee by 5 p.m., April may submit post-hearing written briefs 28, 2005. Requests to present oral or statements, in English, by 5 p.m., Jon Rosenbaum, testimony in connection with the public May 27, 2005. Acting Executive Director for GSP, GSP hearings must be accompanied by a In accordance with sections Subcommittee of the Trade Policy Staff written brief or statement, in English, 503(a)(1)(A) and 503(e) of the 1974 Act Committee. and also must be received by 5 p.m., and the authority delegated by the BILLING CODE 3190–W5–P

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[FR Doc. 05–6935 Filed 4–5–05; 8:45 am] PTC12 MATL–EUR 0093 dated 11 South Atlantic-Europe Resolutions r1– BILLING CODE 3190–W5–C February 2005 r11 Mid Atlantic-Europe Resolutions, r1– PTC12 SATL–EUR 0132 dated 16 March r11 2005 PTC12 MATL–EUR 0095 dated 16 PTC12 SATL–EUR 0041 dated 11 DEPARTMENT OF TRANSPORTATION March 2005 February 2005 PTC12 MATL–EUR Fares 0040 dated 15 South Atlantic-Europe Specified Fares Office of the Secretary February 2005 Tables Mid Atlantic-Europe Specified Fares PTC12 SATL–EUR Fares 0042 dated 22 Aviation Proceedings, Agreements Tables February 2005 Filed the Week Ending March 18, 2005 PTC12 MATL–EUR 0094 dated 18 Correction to Memorandum Number PTC12 SATL–EUR 0131 dated 18 March March 2005 The following Agreements were filed 2005 with the Department of Transportation Amendment to Commencement of Amendment to Commencement of under the provisions of 49 U.S.C. 412 Filing Period Filing Period and 414. Answers may be filed within Intended effective date: 1 April 2005. Intended effective date: 1 April 2005. 21 days after the filing of the Docket Number: OST–2005–20677. Docket Number: OST–2005–20678. application. Date Filed: March 16, 2005. Date Filed: March 16, 2005. Docket Number: OST–2005–20676. Parties: Members of the International Parties: Members of the International Date Filed: March 16, 2005. Air Transport Association. Air Transport Association. Parties: Members of the International Subject: Subject: Air Transport Association. PTC12 SATL–EUR 0130 dated 11 PTC12 MEX–EUR 0070 dated 11 Subject: February 2005 February 2005

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Mexico-Europe Resolutions r1–r13 Date Filed: March 18, 2005. (3) help prioritize our current PTC12 MEX–EUR 0072 dated 16 March Due Date for Answers, Conforming rulemaking activities, which are set 2005 Applications, or Motion To Modify forth in our semi-annual Regulatory PTC12 MEX–EUR Fares 0032 dated 18 Scope: April 11, 2005. Agenda (69 FR 73492, Dec. 13, 2004). February 2005 Description: Application of Delta Air We also announced that we would hold Mexico-Europe Specified Fares Tables Lines, Inc., requesting renewal of its a public meeting in Washington, DC, on PTC12 MEX–EUR 0071 dated 18 March certificate of public convenience and April 12 and 19, 2005, to further 2005 necessity to engage in scheduled foreign facilitate this process. Based on the Amendment to Filing Period air transportation of persons, property, requests for participation, we have Intended effective date: 1 May 2005. and mail between Atlanta, GA and determined that all participants can be Docket Number: OST–2005–20702. Bogota, Columbia. accommodated in one day. Therefore, Date Filed: March 15, 2005. we will hold the public meeting on Renee V. Wright, Parties: Members of the International April 12, 2005. Air Transport Association. Acting Program Manager, Docket Operations, Alternate Federal Register Liaison. Public Meeting Procedures Subject: [FR Doc. 05–6725 Filed 4–5–05; 8:45 am] PSC/Reso/122 dated March 4, 2005 1. The meeting will be open to all BILLING CODE 4910–62–P Finally Adopted Resolutions & persons who have requested in advance Recommended Practices r1–28 to participate. Seats for other attendees will be available on a first-come, first- PSC/Mins/011 dated March 4, 2005 DEPARTMENT OF TRANSPORTATION Intended effective date: June 1, 2005. serve basis. Please note that seats may Docket Number: OST–2005–20703. Office of the Secretary become available throughout the public meeting as attendees come and go. Date Filed: March 18, 2005. [Docket No. OST–2005–20112] Parties: Members of the International 2. This public meeting is being held at the Department of Transportation Air Transport Association. Regulatory Review Subject: Headquarters and, therefore, all participants and attendees are subject to MV/PSC/014 dated 07 February 2005 AGENCY: Office of the Secretary of federal security screening. All Mail Vote Number S 081 Transportation (OST), DOT. participants and attendees must enter Recommended Practice 1720a— ACTION: Notice of public meeting. through the Southwest entrance (corner Standard Thirteen of Seventh and E Street) and bring photo Digit Numbering System for Traffic SUMMARY: On January 26, 2005, the identification. Participants or attendees Documents Department of Transportation (DOT) who have Federal government Intended effective date: 1 April 2005. published a notice of regulatory review explaining its intent to conduct a review identification will still need to check in, Renee V. Wright, of its existing regulations and its current but will not be required to sign-in. To Acting Program Manager, Docket Operations, Regulatory Agenda. As part of this facilitate security screening, all Alternate Federal Register Liaison. review, the Department announced that participants and attendees are [FR Doc. 05–6724 Filed 4–5–05; 8:45 am] it would hold a public meeting to encouraged to limit the bags and other BILLING CODE 4910–62–P discuss and consider the public’s items that they bring into the building. comments. We are now publishing the Anyone exiting the building for any agenda for that meeting. reason will be required to re-enter DEPARTMENT OF TRANSPORTATION DATES: The public meeting will be on through the security checkpoint at the April 12, 2005, in Washington, DC, Southwest entrance. Office of the Secretary beginning at 9:30 a.m. The comment 3. The Department’s General Counsel will preside over the public meeting. Notice of Applications for Certificates period for this regulatory review closes Senior officials of the Department’s of Public Convenience and Necessity on April 29, 2005. operating administrations also will and Foreign Air Carrier Permits Filed ADDRESSES: The public meeting will be attend this meeting. Under Subpart B (Formerly Subpart Q) held at the Department of 4. Participants must limit their During the Week Ending March 18, Transportation, 400 Seventh Street, presentations and submissions of data to 2005 SW., Washington, DC 20590, in room 2230. the issues discussed in their comments The following Applications for submitted in preparation for the public Certificates of Public Convenience and FOR FURTHER INFORMATION CONTACT: meeting. Necessity and Foreign Air Carrier Karen Starring, Attorney Advisor, Office 5. We currently plan to make a record Permits were filed under subpart B of General Counsel, Department of of the meeting available in the (formerly subpart Q) of the Department Transportation, 400 7th St., SW., Room Department’s Internet accessible public of Transportation’s Procedural 10424, Washington, DC 20590–0001. docket as soon as possible following the Regulations (see 14 CFR 301.201 et Telephone (202) 366–4723. E-mail public meeting. seq.). The due date for Answers, [email protected]. 6. We will review and consider all Conforming Applications, or Motions to SUPPLEMENTARY INFORMATION: information presented at the public Modify Scope are set forth below for meeting. Position papers or materials each application. Following the Answer Background presenting views or information related period DOT may process the application We published a notice of regulatory to the issues discussed at the public by expedited procedures. Such review on January 26, 2005 (70 FR 3761) meeting may be accepted at the procedures may consist of the adoption that invited public comment on how we discretion of the presiding officer. of a show-cause order, a tentative order, could (1) improve our rules to be more Please provide 5 copies of all material or in appropriate cases a final order effective and less costly or burdensome, that you present at the public meeting without further proceedings. (2) identify rules no longer needed and/ so we will have copies for all panel Docket Number: OST–2000–7655. or new rules that may be needed, and members. You may provide additional

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copies for staff and the audience at your Administration: Federal Highway all of the participants in this process. discretion. Administration. We continue to welcome and encourage 7. The meeting is designed to solicit Participant: American Road & comments until April 29, 2005, and public views and gather additional Transportation Builders those comments will be taken into information for our regulatory review. Association. consideration in our final report. Therefore, the meeting will be 11:50–12:10 p.m. Disadvantaged Regulatory Notices conducted in an informal and non- Business Enterprise Program. adversarial manner. No individual will Administration: Office of the Privacy Act: Anyone is able to search be subject to cross-examination by any Secretary of Transportation. the electronic form of all comments other participant; however, DOT Participant: American Road & received into any of our dockets by the representatives may ask questions. In Transportation Builders name of the individual submitting the developing prepared remarks, Association. comment (or signing the comment, if participants should leave time for 12:10–1:30 p.m. Lunch. submitted on behalf of an association, questions and discussion by the panel 1:30–2:15 p.m. Dangerous Goods/ business, labor union, etc.). You may during their remarks. Hazardous Materials and Safety. review DOT’s complete Privacy Act 8. We will consider all comments Administrations: Pipeline and Statement in the Federal Register made at the public meeting and those Hazardous Materials Safety published on April 11, 2000 (65 FR written comments submitted to the Administration; Federal Aviation 19477–78) or you may visit http:// docket before publishing a report Administration; Federal Motor dms.dot.gov. providing at least a brief response to the Carrier Safety Administration. Authority: 5 U.S.C. 610; E.O. 12866, 58 FR comments we have received, including Participants: Federal Express 51735, Oct. 4, 1993. a description of any further action we Corporation; American Trucking Issued this 30th day of March, 2005, in intend to take. Associations. Washington, DC. 9. We have tried to accurately allocate 2:15–2:30 p.m. DOT Reporting Rosalind A. Knapp, time to the participants based on the Regulations. Deputy General Counsel. issues raised in their initial comments Administration: Office of the [FR Doc. 05–6723 Filed 4–5–05; 8:45 am] and requests for participation. However, Secretary of Transportation. BILLING CODE 4910–62–P we intend to keep the public meeting Participant: Federal Express flowing so participants and others Corporation; United Air Lines. interested in a specific agenda item 2:30–2:45 p.m. Cost/Benefit DEPARTMENT OF TRANSPORTATION should arrive early. Analysis—FAA Regulations. Federal Aviation Administration Public Meeting Agenda Administration: Federal Aviation Administration. [Summary Notice No. PE–2005–18] 9:30 a.m. Opening Remarks. Participant: Federal Express 9:40–10 a.m. Electronic Corporation. Petitions for Exemption; Dispositions Recordkeeping; Locomotive 2:45–3 p.m. Lap Child Safety. of Petitions Issued Inspections. Administration: Federal Aviation Administration: Federal Railroad Administration. AGENCY: Federal Aviation Administration. Participant: Baby B’Air Flight Vests. Administration (FAA), DOT. Participant: Association of American 3–3:15 p.m. Airport Access to Low ACTION: Notice of disposition of prior Railroads. Fare Carriers. petition. 10–10:40 a.m. Hours of Service. Administration: Federal Aviation Administration: Federal Motor Carrier SUMMARY: Pursuant to FAA’s rulemaking Administration. Safety Administration. provisions governing the application, Participant: Air Carrier Association of Participants: Association of American processing, and disposition of petitions America. Railroads; American Road & for exemption, part 11 of Title 14, Code 3:15–4 p.m. General Rulemaking. Transportation Builders of Federal Regulations (14 CFR), this Administration: Department of Association; American Trucking notice contains the disposition of Transportation. Associations. certain petitions previously received. 10:40–11 a.m. Controlled Substances Participants: Air Transport The purpose of this notice is to improve Testing Requirements; Commercial Association of America, Inc.; Air the public’s awareness of, and Vehicle Lighting; Safety Carrier Association of America; participation in, this aspect of FAA’s Requirements for Intermodal United Air Lines, Inc. regulatory activities. Neither publication Equipment Providers. 4–4:15 p.m. Rates and Tariffs; Code- of this notice nor the inclusion or Administrations: Federal Motor Share Requirements; Joint-Venture omission of information in the summary Carrier Safety Administration; Agreements. is intended to affect the legal status of Office of the Secretary of Administration: Office of the any petition or its final disposition. Transportation; National Highway Secretary of Transportation. FOR FURTHER INFORMATION CONTACT: Traffic Safety Administration. Participant: United Air Lines, Inc. Kenna Sinclair (425–227–1556), Participant: American Trucking 4:15–4:30 p.m. Interpretations of Transport Airplane Directorate (ANM– Associations. Regulations/Enforcement— 113), Federal Aviation Administration, 11–11:30 a.m. Regulatory Reform. Aviation. 1601 Lind Ave SW., Renton, WA Administration: National Highway Administration: Office of the 98055–4056; or John Linsenmeyer (202– Traffic Safety Administration. Secretary of Transportation. 267–5174), Office of Rulemaking (ARM– Participant: Alliance of Automobile Participants: American Society of 1), Federal Aviation Administration, Manufacturers Association. Travel Agents, Inc.; Air Carrier 800 Independence Avenue, SW., 11:30–11:50 a.m. Environmental Association of America. Washington, DC 20591. Streamlining; Clean Air Act The Department appreciates the This notice is published pursuant to Conformity; Historic Preservation. efforts and the information provided by 14 CFR 11.85 and 11.91.

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Issued in Washington, DC, on March 31, • Hand Delivery: Room PL–401 on Background 2005. the plaza level of the Nassif Building, Under 49 U.S.C. 31315 and 31136(e), Brenda D. Courtney, 400 Seventh Street, SW., Washington, the FMCSA may grant an exemption for Acting Director, Office of Rulemaking. DC, between 9 a.m. and 5 p.m., Monday a 2-year period if it finds ‘‘such Disposition of Petitions through Friday, except Federal holidays. exemption would likely achieve a level • Federal eRulemaking Portal: Go to of safety that is equivalent to, or greater Docket No.: FAA–2004–16969. http://www.regulations.gov. Follow the Petitioner: Israel Aircraft Industries, than, the level that would be achieved on-line instructions for submitting Ltd. absent such exemption.’’ The statute comments. Sections of 14 CFR Affected: 14 CFR also allows the agency to renew 25.810(a)(1), 25.857(e), and Instructions: All submissions must exemptions at the end of the 2-year 25.1447(c)(1) include the agency name and docket period. The 30 individuals listed in this Description of Relief Sought/ number for this notice. For detailed notice have recently requested an Disposition: To allow carriage of three instructions on submitting comments exemption from the vision requirement non-crewmembers (commonly referred and additional information on the in 49 CFR 391.41(b)(10), which applies to as supernumeraries) located aft of the rulemaking process, see the Public to drivers of CMVs in interstate flight deck on Boeing Model 767–200 Participation heading of the commerce. Accordingly, the agency will airplanes which have been converted SUPPLEMENTARY INFORMATION section of evaluate the qualifications of each from a passenger to a freighter this document. Note that all comments applicant to determine whether granting configuration. received will be posted without change the exemption will achieve the required to http://dms.dot.gov, including any level of safety mandated by the statute. Grant of Exemption, 03/28/2005, personal information provided. Please Exemption No. 8350A see the Privacy Act heading under Qualifications of Applicants [FR Doc. 05–6728 Filed 4–5–05; 8:45 am] Regulatory Notices. 1. Edmund J. Barron BILLING CODE 4910–13–P Docket: For access to the docket to Mr. Barron, age 36, has amblyopia in read background documents or his right eye. His best-corrected visual comments received, go to http:// acuity in the right eye is 20/100 and in DEPARTMENT OF TRANSPORTATION dms.dot.gov at any time or to Room PL– the left, 20/20. Following an 401 on the plaza level of the Nassif Federal Motor Carrier Safety examination in 2004, his optometrist Building, 400 Seventh Street, SW., Administration certified, ‘‘Based on this examination, it Washington, DC, between 9 a.m. and 5 is my medical opinion that Mr. Barron [Docket No. FMCSA–2005–20560] p.m., Monday through Friday, except has sufficient vision to perform the Federal holidays. driving tasks required to operate a Qualification of Drivers; Exemption FOR FURTHER INFORMATION CONTACT: commercial vehicle.’’ Mr. Barron Applications; Vision Ms. Maggi Gunnels, Office of Bus and Truck submitted that he has driven straight AGENCY: Federal Motor Carrier Safety Standards and Operations, (202) 366– trucks for 1 year, accumulating 40,000 Administration (FMCSA), DOT. 4001, FMCSA, Department of miles, and tractor-trailer combinations ACTION: Notice of applications for Transportation, 400 Seventh Street, for 16 years, accumulating 1.2 million exemption from the vision standard; SW., Washington, DC 20590–0001. miles. He holds a Class A commercial request for comments. Office hours are from 8 a.m. to 5 p.m., driver’s license (CDL) from e.t., Monday through Friday, except Pennsylvania. His driving record for the SUMMARY: This notice publishes the Federal holidays. last 3 years shows no crashes or FMCSA’s receipt of applications from SUPPLEMENTARY INFORMATION: convictions for moving violations in a 30 individuals for an exemption from CMV. the vision requirement in the Federal Public Participation: The DMS is Motor Carrier Safety Regulations. If available 24 hours each day, 365 days 2. Eddie M. Brown granted, the exemptions will enable each year. You can get electronic Mr. Brown, 47, has amblyopia in his these individuals to qualify as drivers of submission and retrieval help left eye. The best-corrected visual acuity commercial motor vehicles (CMVs) in guidelines under the ‘‘help’’ section of in his right eye is 20/20 and in the left, interstate commerce without meeting the DMS Web site. If you want us to 20/200. His optometrist examined him the vision standard prescribed in 49 notify you that we received your in 2004 and stated, ‘‘I would like to CFR 391.41(b)(10). comments, please include a self- certify that in my medical opinion Mr. DATES: Comments must be received on addressed, stamped envelope or Eddie Brown has sufficient vision to or before May 6, 2005. postcard or print the acknowledgement perform the driving tasks required to page that appears after submitting ADDRESSES: You may submit comments operate a commercial vehicle.’’ Mr. identified by any of the following comments on-line. Brown submitted that he has driven methods. Please identify your comments Privacy Act: Anyone is able to search straight trucks for 20 years, by the DOT DMS Docket Number the electronic form of all comments accumulating 1.0 million miles, and FMCSA–2005–20560. received into any of our dockets by the tractor-trailer combinations for 19 years, • Web Site: http://dms.dot.gov. name of the individual submitting the accumulating 345,000 miles. He holds a Follow the instructions for submitting comment (or signing the comment, if Class AM CDL from South Carolina. His comments on the DOT electronic docket submitted on behalf of an association, driving record for the last 3 years shows site. business, labor union, etc.). You may no crashes or convictions for moving • Fax: 1–202–493–2251. review the Department of violations in a CMV. • Mail: Docket Management Facility; Transportation’s complete Privacy Act U.S. Department of Transportation, 400 Statement in the Federal Register 3. Tony Cook Seventh Street, SW., Nassif Building, published on April 11, 2000 (Volume Mr. Cook, 38, has central field loss in Room PL–401, Washington, DC 20590– 65, Number 70; Pages 19477–78) or you his right eye due to an injury in 1987. 0001. may visit http://dms.dot.gov. His best-corrected visual acuity in the

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right eye is light perception and in the 6. Bobby G. Fletcher straight trucks for 45 years, and tractor- left, 20/15. Following an examination in Mr. Fletcher, 38, has amblyopia in his trailer combinations for 30 years, 2004, his optometrist certified, ‘‘Based left eye. The best-corrected visual acuity accumulating 900,000 miles in each. He upon my findings and medical in his right eye is 20/20 and in the left, holds a Class A CDL from . His expertise, I hereby certify Tony Cook to 20/200. His optometrist examined him driving record for the last 3 years shows be visually able to safely operate a in 2004 and noted, ‘‘In my professional no crashes or convictions for moving commercial motor vehicle.’’ Mr. Cook opinion this patient should have violations in a CMV. submitted that he has driven straight sufficient vision with corrective lenses 10. Jonah G. Higdon trucks for 8 years, accumulating 624,000 to operate a commercial vehicle.’’ Mr. miles. He holds a Class D driver’s Fletcher reported that he has driven Mr. Higdon, 34, has amblyopia in his license from Kentucky. His driving tractor-trailer combinations for 10 years, left eye. The best-corrected visual acuity record for the last 3 years shows two accumulating 600,000 miles. He holds a in his right eye is 20/20 and in the left, crashes and one conviction for a moving Class A CDL from Texas. His driving 20/50. Following an examination in violation in a CMV. According to police record for the last 3 years shows no 2004, his optometrist certified, ‘‘It is my report for the first crash, another driver crashes or convictions for moving professional opinion that Mr. Higdon crossed the center line and struck Mr. violations in a CMV. has sufficient vision to perform the Cook’s vehicle. The report indicated driving tasks required to operate a that inattention by the other driver was 7. Lonny L. Ford commercial vehicle.’’ Mr. Higdon a contributing factor in the crash. Mr. Ford, 58, has had a macular scar reported that he has driven straight Neither driver was cited. According to in his right eye since age 8. His best- trucks for 14 years, accumulating the police report for the second crash, corrected visual acuity in the right eye 250,000 miles. He holds a driver’s Mr. Cook was attempting to back a is 20/200 and in the left, 20/20. license from Mississippi. His driving tractor-trailer onto private property from Following an examination in 2005, his record for the last 3 years shows no a roadway when another driver collided ophthalmologist noted, ‘‘It is my crashes or convictions for moving with his vehicle. The other driver was medical opinion this patient has violations in a CMV. cited; Mr. Cook was not cited. The sufficient vision to perform the driving moving violation, which occurred on a tasks required to operate a commercial 11. Daniel J. Hillman separate occasion, was exceeding the vehicle.’’ Mr. Ford reported that he has Mr. Hillman, 61, experienced a retinal speed limit by 15 mph. driven straight trucks for 34 years, detachment in his right eye in accumulating 2.8 million miles. He 4. Jeffery W. Cotner November 2001. His best-corrected holds a Class D driver’s license from visual acuity in the right eye is 20/200 Mr. Cotner, 42, has amblyopia in his Tennessee. His driving record for the and in the left, 20/20. Following an left eye. His best-corrected visual acuity last 3 years shows no crashes or examination in 2004, his optometrist in the right eye is 20/20 and in the left, convictions for moving violations in a certified, ‘‘In my opinion Mr. Hillman 20/60. Following an examination in CMV. retains sufficient vision to perform as a 2004, his optometrist certified, ‘‘It is my 8. Larry G. Garcia commercial driver.’’ Mr. Hillman medical opinion that Mr. Cotner does reported that he has driven straight Mr. Garcia, 52, had a retinal have sufficient vision to perform the trucks for 7 years, accumulating 602,000 detachment in his right eye in 1995. The driving tasks required to operate a miles, and tractor-trailer combinations visual acuity in his right eye is light commercial vehicle.’’ Mr. Cotner for 26 years, accumulating 2.3 million perception and in the left, 20/20. reported that he has driven tractor- Following an examination in 2004 his miles. He holds a Class A CDL from trailer combinations for 13 years, optometrist stated, ‘‘It is my opinion, Washington. His driving record for the accumulating 230,000 miles. He holds a Larry Garcia has sufficient vision and last 3 years shows one crash and no Class A CDL from Oregon. His driving visual field to perform driving tasks convictions for moving violations in a record for the last 3 years shows no required for operating a commercial CMV. According to the police report, crashes or convictions for moving vehicle.’’ Mr. Garcia reported that he Mr. Hillman’s vehicle collided with an violations in a CMV. has driven straight trucks for 25 years, oncoming vehicle, and the investigating officer was unable to determine which 5. John K. Fank accumulating 1.2 million miles, and tractor-trailer combinations for 10 years, vehicle was over the double center line. Mr. Fank, 43, had a retinal accumulating 780,000 miles. He holds a Neither driver was cited. detachment in his right eye 15 years Class C driver’s license from Oregon. 12. Ronald A. Johnson ago. The best-corrected visual acuity in His driving record for the last 3 years his right eye is 20/150 and in the left, shows no crashes and one conviction for Mr. Johnson, 55, had cataract surgery 20/20. His optometrist examined him in a moving violation—speeding—in a followed by infection and loss of his left 2004 and stated, ‘‘This patient appears CMV. He exceeded the speed limit by 17 eye in the year 2000. His best-corrected to have sufficient sight and peripheral mph. visual acuity in the right eye is 20/20. vision to continue driving his Following an examination in 2004, his commercial vehicle as safely as 9. Robert E. Hendrick optometrist noted, ‘‘In my opinion he demonstrated over previous years.’’ Mr. Mr. Hendrick, 63, has corneal damage has adequate vision to drive and is safe Fank reported that he has driven in his right eye due to an injury in 1964. to drive a commercial vehicle with straight trucks for 11 years, His best-corrected visual acuity in the proper side mirrors.’’ Mr. Johnson accumulating 247,000 miles, and right eye is 20/400 and in the left, 20/ reported that he has driven tractor- tractor-trailer combinations for 10 years, 20. Following an examination in 2004, trailer combinations for 25 years, accumulating 195,000 miles. He holds a his optometrist noted, ‘‘I certify that Mr. accumulating 2.7 million miles. He Class A CDL from Illinois. His driving Hendrick has sufficient vision to holds a Class DA CDL from Kentucky. record for the last 3 years shows no perform the driving tasks required to His driving record for the last 3 years crashes or convictions for moving operate a commercial vehicle.’’ Mr. shows no crashes or convictions for violations in a CMV. Hendrick submitted that he has driven moving violations in a CMV.

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13. Clyde H. Kitzan visual acuity in his left eye is 20/20. His holds a Class AM CDL from Maryland. Mr. Kitzan, 47, has amblyopia in his optometrist examined him in 2004 and His driving record for the last 3 years right eye. The best-corrected visual noted, ‘‘In my medical opinion, Mr. shows no crashes or convictions for acuity in his right eye is 20/200 and in Maggio has sufficient vision to perform moving violations in a CMV. the driving tasks required to operate a the left, 20/15. His optometrist 20. David L. Peebles examined him in 2004 and certified, commercial vehicle.’’ Mr. Maggio Mr. Peebles, 52, has amblyopia in his ‘‘Because of his past history of reported that he has driven straight left eye. The best-corrected visual acuity successfully operating trucks and trucks for 2 years, accumulating 2,000 in his right eye is 20/20 and in the left, equipment, and because his vision has miles, and tractor trailer-combinations been stable for approximately 35 years, for 38 years, accumulating 4.1 million 20/200. His optometrist examined him it is my opinion Mr. Kitzan is visually miles. He holds a Class A CDL from in 2005 and certified, ‘‘To the best of my capable of operating a commercial Missouri. His driving record for the last opinion, I would think that visually he vehicle.’’ Mr. Kitzan reported that he 3 years shows no crashes or convictions can continue to drive commercial has driven straight trucks and tractor- for moving violations in a CMV. vehicles with little or no problems.’’ Mr. Peebles submitted that he has driven trailer combinations for 15 years, 17. Anthony R. Miles accumulating 750,000 miles in each. He straight trucks for 3 years, accumulating Mr. Miles, 40, lost his left eye due to holds a Class AM CDL from North 180,000 miles, and tractor-trailer trauma 15 years ago. His visual acuity Dakota. His driving record for the last 3 combinations for 21 years, accumulating in the right eye is 20/20. Following an years shows no crashes and one 2.6 million miles. He holds a Class A examination in 2004, his optometrist conviction for a moving violation— CDL from Indiana. His driving record certified, ‘‘In my opinion, Mr. Miles has speeding—in a CMV. He exceeded the for the last 3 years shows no crashes or sufficient vision to perform the driving speed limit by 12 mph. convictions for moving violations in a tasks required to operate a commercial CMV. 14. Joe S. Lassiter, III vehicle.’’ Mr. Miles submitted that he 21. David W. Peterson Mr. Lassiter, 62, lost his right eye due has driven straight trucks for 18 years, to an injury 37 years ago. The best- accumulating 250,000 miles, and Mr. Peterson, 26, has amblyopia in his corrected visual acuity in his left eye is tractor-trailer combinations for 9 years, right eye. The visual acuity in his right 20/20. Following an examination in accumulating 630,000 miles. He holds a eye is 20/200 and in the left, 20/20. His 2004, his optometrist noted, ‘‘I certify in Class AM CDL from Nevada. His driving optometrist examined him in 2004 and my opinion, Mr. Lassiter has sufficient record for the last 3 years shows no certified, ‘‘His vision is more than vision in his left eye to operate a crashes or convictions for moving adequate to perform the tasks required commercial vehicle.’’ Mr. Lassiter violations in a CMV. of him while driving and should remain stable over the next several years.’’ Mr. submitted that he has driven straight 18. Raymond E. Morelock trucks for 39 years, accumulating 1.1 Peterson submitted that he has driven million miles, and tractor-trailer Mr. Morelock, 54, has no vision in the tractor-trailer combinations for 6 years, combinations for 12 years, accumulating right eye due to trauma from childhood. accumulating 600,000 miles. He holds a 600,000 miles. He holds a Class A CDL His visual acuity in the left eye is 20/ Class A CDL from Utah. His driving from Georgia. His driving record for the 20. Following an examination in 2005, record for the last 3 years shows no last 3 years shows no crashes or his optometrist certified, ‘‘It is my crashes and one conviction for a moving convictions for moving violations in a professional opinion that the defect in violation—speeding—in a CMV. He CMV. Mr. Morelock’s right eye will not affect exceeded the speed limit by 9 mph. the safe operation of a motor vehicle, 15. Gene A. Lesher, Jr. whether private or commercial.’’ Mr. 22. Frederick G. Robbins Mr. Lesher, 30, has amblyopia in his Morelock submitted that he has driven Mr. Robbins, 50, has had a retinal scar left eye. His best-corrected visual acuity straight trucks for 14 years, in his right eye since 1998. The best- in the right eye is 20/20 and in the left, accumulating 100,000 miles. He holds a corrected visual acuity in his right eye 20/50. Following an examination in Class D driver’s license from Wisconsin. is 20/70 and in the left, 20/20. His 2004, his optometrist certified, ‘‘Based His driving record for the last 3 years ophthalmologist examined him in 2004 on his display of 20/20 binocular vision, shows no crashes or convictions for and noted, ‘‘His vision is sufficient to his good depth perception, the presence moving violations in a CMV. drive a commercial vehicle.’’ Mr. Robbins reported that he has driven of a full visual field, and his previous 19. Kenneth L. Nau driving history with the longstanding tractor-trailer combinations for 27 years, nature of his visual condition, it is my Mr. Nau, 47, has had a macular scar accumulating 1.3 million miles. He opinion that Mr. Lesher has sufficient in his left eye since birth. His best- holds a Class A CDL from New York. vision to perform the driving tasks corrected visual acuity in the right eye His driving record for the last 3 years associated with operating a commercial is 20/20 and in the left, 20/400. shows one crash and one conviction for vehicle.’’ Mr. Lesher reported that he Following an examination in 2004, his a moving violation in a CMV. According has driven tractor-trailer combinations ophthalmologist noted, ‘‘Mr. Nau has to the police report, Mr. Robbins’ for 8 years, accumulating 936,000 miles. maintained a safe driving record for vehicle collided with another vehicle He holds a Class A CDL from West many years and has always driven with traveling in the same direction, but the Virginia. His driving record for the last mild visual disability of the left eye. investigating officer did not determine 3 years shows no crashes and one Since it has always been present, he has how the crash happened. The other conviction for a moving violation— functioned well, and his peripheral driver was cited; Mr. Robbins was not speeding—in a CMV. He exceeded the visual acuity is excellent, there is no cited. speed limit by 13 mph. reason to believe that he cannot continue to operate commercial 23. Jose C. Sanchez-Sanchez 16. Eugene A. Maggio vehicles.’’ Mr. Nau submitted that he Mr. Sanchez-Sanchez, 37, lost his left Mr. Maggio, 62, lost his right eye due has driven straight trucks for 25 years, eye due to an injury 25 years ago. The to an injury in 2001. The best-corrected accumulating 2.0 million miles. He visual acuity in his right eye is 20/25.

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His optometrist examined him in 2004 acuity in the right eye is finger counting straight trucks for 7 years, accumulating and certified, ‘‘I believe he has sufficient and in the left, 20/20. Following an 350,000 miles, and tractor-trailer vision to perform the driving tasks examination in 2004, his optometrist combinations for 9 years, accumulating required to operate a commercial certified, ‘‘In my medical opinion, Mr. 720,000 miles. He holds a Class A CDL vehicle.’’ Mr. Sanchez-Sanchez Turner appears to have sufficient vision from Texas. His driving record for the submitted that he has driven straight to perform the driving tasks required to last 3 years shows no crashes or trucks for 16 years, accumulating operate a commercial vehicle.’’ Mr. convictions for moving violations in a 160,000 miles, and tractor-trailer Turner reported that he has driven CMV. combinations for 10 years, accumulating tractor-trailer combinations for 3 years, 130,000 miles. He holds a Class A CDL accumulating 348,000 miles. He holds a 30. Louie E. Workman from Idaho. His driving record for the Class A CDL from Texas. His driving Mr. Workman, 55, has amblyopia in last 3 years shows no crashes or record for the last 3 years shows no his right eye. His best-corrected visual convictions for moving violations in a crashes and two convictions for moving acuity in his right eye is 20/70 and in CMV. violations in a CMV. The moving the left, 20/30. His ophthalmologist violations were ‘‘failure to obey traffic examined him in 2004 and noted, ‘‘In 24. Boyd D. Stamey control device’’ and exceeding the speed my opinion, he has sufficient vision to Mr. Stamey, 43, has a macular scar in limit by 15 mph. perform the driving tasks required to the left eye due to injury in 2001. His operate a commercial vehicle.’’ Mr. 27. Daniel E. Watkins best-corrected visual acuity in the right Workman submitted that he has driven eye is 20/20 and in the left, 20/50. Mr. Watkins, 41, underwent a straight trucks for 30 years, Following an examination in 2004, his congenital cataract operation in his left accumulating 1.5 million miles, and ophthalmologist certified, ‘‘It is my eye in 1964. The visual acuity in his tractor-trailer combinations for 15 years, opinion that you have very stable vision right eye is 20/20 and in the left, finger accumulating 75,000 miles. He holds a in the eye and indeed the left eye counting. His ophthalmologist Class A CDL from Arkansas. His driving continues to improve. I see no examined him in 2004 and stated, ‘‘It is record for the last 3 years shows no reservation with your having a my medical opinion that Mr. Watkins crashes or convictions for moving commercial driver’s license. You should has sufficient vision to perform the violations in a CMV. be able to perform with the restrictions driving tasks required to operate a you have with this left eye, in keeping commercial vehicle.’’ Mr. Watkins Request for Comments with the slightly reduced vision.’’ Mr. reported that he has driven straight In accordance with 49 U.S.C. 31315 Stamey reported that he has driven trucks and tractor-trailer combinations and 31136(e), the FMCSA requests tractor-trailer combinations for 10 years, for 5 years, accumulating 625,000 miles public comment from all interested accumulating 960,000 miles. He holds a in each. He holds a Class A CDL from persons on the exemption petitions Class A CDL from North Carolina. His Florida. His driving record for the last described in this notice. We will driving record for the last 3 years shows 3 years shows no crashes and one consider all comments received before one crash and no convictions for conviction for a moving violation— the close of business on the closing date moving violations in a CMV. According speeding—in a CMV. He exceeded the indicated earlier in the notice. to the police report, Mr. Stamey was speed limit by 11 mph. Issued on: March 31, 2005. stopped in traffic when his vehicle was 28. Dean E. Wheeler Rose A. McMurray, struck on the side by another driver who was trying to avoid rear-ending a Mr. Wheeler, 51, had a corneal Associate Administrator, Policy and Program Development. vehicle in front of him. Neither Mr. transplant in his right eye prior to 1996. Stamey nor the driver of the vehicle The best-corrected visual acuity in his [FR Doc. 05–6804 Filed 4–5–05; 8:45 am] which struck his was cited. right eye is 20/50 and in the left, 20/20. BILLING CODE 4910–EX–P Following an examination in 2004, his 25. Scott C. Teich optometrist certified, ‘‘I feel in my Mr. Teich, 40, has had astigmatism in medical opinion that Mr. Dean Wheeler DEPARTMENT OF TRANSPORTATION his left eye since childhood. His best- has sufficient vision to perform the Pipeline and Hazardous Materials corrected visual acuity in the right eye driving tasks required to operate a Safety Administration is 20/20 and in the left, 20/60. commercial vehicle.’’ Mr. Wheeler Following an examination in 2004, his reported that he has driven straight Office of Hazardous Materials Safety; optometrist certified, ‘‘In my opinion, trucks for 5 years, accumulating 60,000 Notice of Delays in Processing of Mr. Teich possesses sufficient vision to miles. He holds a Class ABCD CDL from Exemption Applications safely operate a commercial vehicle and Wisconsin. His driving record for the perform the driving tasks that are last 3 years shows no crashes or AGENCY: Pipeline and Hazardous Safety required.’’ Mr. Teich reported that he convictions for moving violations in a Administration, DOT. has driven tractor-trailer combinations CMV. ACTION: Notice. for 10 years, accumulating 900,000 29. Michael C. Williams, Sr. miles. He holds a Class A CDL from SUMMARY: In accordance with the Minnesota. His driving record for the Mr. Williams, 36, lost the vision in his requirements of 49 U.S.C. 5117(c), last 3 years shows no crashes and one left eye due to an injury in 1992. His PHMSA is publishing the following list conviction for a moving violation— visual acuity in the right eye is 20/20. of exemption applications that have speeding—in a CMV. He exceeded the Following an examination in 2004, his been in process for 180 days or more. speed limit by 5 mph. optometrist noted, ‘‘In summary, the eye The reason(s) for delay and the expected health is normal and vision is clear and completion date for action on each 26. Emerson J. Turner normal. There appears to be no concern application is provided in association Mr. Turner, 60, has a central vision or limit to his visual ability to drive in with each identified application. deficit in his right eye due to trauma 15 general or to drive commercially.’’ Mr. FOR FURTHER INFORMATION CONTACT: years ago. His best-corrected visual Williams reported that he has driven Delmer Billings, Office of Hazardous

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Materials Exemptions and Approvals, 3. Application is technically complex X—Renewal. Pipeline and Hazardous Materials Safety and is of significant impact or PM—Party to application with Administration, U.S. Department of precedent-setting and requires extensive modification request. Transportation, 400 Seventh Street, analysis. SW., Washington, DC 20590–0001, (202) 4. Staff review delayed by other Issued in Washington, DC, on April 1, 366–4535. priority issues or volume of exemption 2005. applications. R. Ryan Posten, Key to ‘‘Reason for Delay’’ Exemptions Program Officer, Office of 1. Awaiting additional information Meaning of Applications Number Suffixes Hazardous Materials Safety Exemptions & from applicant. Approvals. 2. Extensive public comment under N—New application. review. M—Modification request.

NEW EXEMPTION APPLICATIONS

Estimated Application Applicant Reason for date of number delay completion

13054–N ...... CHS Transportation, Mason City, IA ...... 4 04–30–2005 13183–N ...... Becton Dickinson, Sandy, UT ...... 4 04–30–2005 13188–N ...... General Dynamics, Lincoln, NE ...... 3 04–30–2005 13281–N ...... The Dow Chemical Company, Midland, MI ...... 4 04–30–2005 13309–N ...... OPW Engineered Systems, Lebanon, OH ...... 4 04–30–2005 13295–N ...... Taylor-Wharton, Harrisburg, PA ...... 1 04–30–2005 13266–N ...... Luxfer Gas Cylinders, Riverside, CA ...... 1 04–30–2005 13422–N ...... Puritan Bennett, Plainfield, IN ...... 3 04–30–2005 13314–N ...... Sunoco Inc., Philadelphia, PA ...... 4 04–30–2005 13958–N ...... Department of Defense, Fort Eustis, VA ...... 1 04–30–2005 13957–N ...... T.L.C.C.I., Inc., Franklin, TN ...... 4 05–31–2005 13960–N ...... Terumo Heart, Inc., Ann Arbor, MI ...... 4 05–31–2005 13858–N ...... U.S. Ecology Idaho, Inc. (USEI), Grand View, ID ...... 1 04–30–2005 13776–N ...... MHF Logistical Solutions, Cranberry Twp., PA ...... 4 04–30–2005 13636–N ...... Timberline Environmental Services, Cold Springs, CA ...... 404–30–2005 13582–N ...... Linde Gas LLC (Linde), Independence, OH ...... 4 04–30–2005 13563–N ...... Applied Companies, Valencia, CA ...... 4 04–30–2005 13547–N ...... CP Industries, McKeesport, PA ...... 4 04–30–2005 13346–N ...... Stand-By-Systems, Inc., Dallas, TX ...... 1 04–30–2005 13347–N ...... ShipMate, Inc., Torrance, CA ...... 4 04–30–2005 13341–N ...... National Propane Gas Association, Washington, DC ...... 1 04–30–2005 13302–N ...... FIBA Technologies, Inc., Westboro, MA ...... 4 04–30–2005

MODIFICATION TO EXEMPTIONS

Estimated Application Applicant Reason for date number delay of completion

7277–M ...... Structural Composites Industries, Pomona, CA ...... 3 04–30–2005 11241–M ...... Rohm and Haas Co., Philadelphia, PA ...... 1 05–31–2005 11526–M ...... BOC Gases , Murray Hill, NJ ...... 4 05–31–2005 10319–M ...... Amtrol, Inc., West Warwick, RI ...... 4 05–31–2005 12284–M ...... The American Traffic Safety Services Assn. (ATSSA), Fredericksburg, VA ...... 1 04–30–2005 6263–M ...... Amtrol, Inc., West Warwick, RI ...... 4 05–31–2005 11579–M ...... Dyno Nobel, Inc., Salt Lake City, UT ...... 4 05–31–2005 10915–M ...... Luxfer Gas Cylinders (Composite Cylinder Division), Riverside,CA ...... 1 05–31–2005 7280–M ...... Department of Defense, Ft. Eustis, VA ...... 4 05–31–2005 10878–M ...... Tankcon FRP Inc., Boisbriand, Qc ...... 1,3 05–31–2005 12022–M ...... Taylor-Wharton (Gas & Fluid Control Group), Harrisburg, PA ...... 4 04–30–2005 10019–M ...... Structural Composites Industries, Pomona, CA ...... 3 04–30–2005 8162–M ...... Structural Composites Industries, Pomona, CA ...... 3 04–30–2005 8718–M ...... Structural Composites Industries, Pomona, CA ...... 3 04–30–2005 9649–X ...... U.S. Department of Defense, Fort Eustis, VA ...... 1 04–30–2005

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[FR Doc. 05–6803 Filed 4–5–05; 8:45 am] float on top of the product at a certain to adjust the measurements on their BILLING CODE 4910–60–M level. The tank also had legs that strapping tables to ensure accuracy. supported the roof whenever the Issued in Washington, DC, on March 18, product was drained and the volume of 2005. DEPARTMENT OF TRANSPORTATION liquid in the tank decreased to the level Theodore L. Willke, at which the roof no longer floated. Pipeline and Hazardous Materials Deputy Associate Administrator for Pipeline Additionally, the tank had two Safety. Safety Administration Supervisory Control and Data [FR Doc. 05–6729 Filed 4–5–05; 8:45 am] Acquisition System (SCADA) alarms to Pipeline Safety: Strapping Table alert controllers when the volume was BILLING CODE 4910–60–P Calibration for Pipeline Breakout Tank nearing the level at which the roof Operators would no longer float. The alarm set DEPARTMENT OF TRANSPORTATION AGENCY: Office of Pipeline Safety (OPS), points were based on the landed height Pipeline and Hazardous Materials Safety of the floating roof assumed in the Pipeline and Hazardous Materials Administration (PHMSA), DOT. operator’s strapping table. Safety Administration NTSB determined that based on the ACTION: Notice; issuance of advisory height measurement of the floating roof [Docket No. RSPA–04–19914; Notice 1] bulletin. documented on the construction Pipeline Safety: Petition for Waiver; SUMMARY: inspection report, and based on This advisory notice alerts Enstar Natural Gas Company pipeline operators of all hazardous measurements investigators made after liquid pipeline facility systems about the accident, the strapping table was AGENCY: Pipeline and Hazardous the need to validate the accuracy of incorrect. Specifically, the distance from Materials Safety Administration breakout tank strapping tables. Under the bottom of the pontoon to the datum (PHMSA), U.S. Department of certain circumstances, strapping table plate was found to be higher than Transportation (DOT). indicated on the pre-accident strapping errors can potentially lead to dangerous ACTION: Notice; Petition for Waiver. conditions. table. The surface of the charged diesel FOR FURTHER INFORMATION CONTACT: Joy was within approximately two inches of SUMMARY: Enstar Natural Gas Company Kadnar by phone at (202) 366–0568, by the pontoons at the time of the (Enstar) has petitioned the Office of fax at (202) 366–4566, or by e-mail, explosion. This, according to NTSB, is Pipeline Safety (OPS) for a waiver of the [email protected]. General the most likely time for a static pipeline safety regulation that prohibits information about the Pipeline and discharge to occur. Based on this tracer wire from being wrapped around Hazardous Materials Safety finding, as well as other contributing the pipe. Administration’s Office of Pipeline factors, the NTSB determined that an DATES: Persons interested in submitting Safety (OPS) programs may be obtained incorrect measurement on the strapping written comments on the waiver request by accessing the home page at http:// table contributed to the cause(s) of the described in this Notice must do so by ops.dot.gov. accident. May 6, 2005. Late filed comments will SUPPLEMENTARY INFORMATION: II. Advisory Bulletin ADB–05–02 be considered so far as practicable. ADDRESSES: You may submit written I. Background To: Owners and Operators of All Pipeline Facilities Who Rely on comments by mailing or delivering an A breakout tank exploded and Strapping Tables to Determine Volume original and two copies to the Dockets subsequently ignited in Glenpool, Based on Measured Height For Product Facility, U.S. Department of Oklahoma on April 7, 2003. The Level. Transportation, Room PL–401, 400 accident involved an 80,000-barrel Subject: Validation of Strapping Seventh Street, SW., Washington, DC breakout tank that exploded and burned Tables to Reduce the Likelihood of 20590–0001. The Dockets Facility is as it was being filled with diesel. The Errors That May Lead to Dangerous open from 10 a.m. to 5 p.m., Monday resulting fire burned for over 20 hours Conditions in Breakout Tanks. through Friday, except on Federal and damaged two other nearby breakout Purpose: To advise owners and holidays when the facility is closed. tanks. While there were no injuries or operators of all hazardous liquid Alternatively, you may submit written fatalities, the cost of the accident pipeline facilities about the need to comments to the docket electronically at exceeded two million dollars, residents validate strapping tables. the following Web address: http:// adjacent to the accident site were Advisory: Strapping Tables are dms.dot.gov. evacuated, and area schools were closed commonly used to determine the All written comments should identify for two days. commodity volume based on product the docket and notice numbers stated in The National Transportation Safety level within breakout tanks. If the the heading of this notice. Anyone who Board (NTSB) conducted an strapping table is incorrect, operators wants confirmation of mailed comments investigation into the accident and may expose themselves and the must include a self-addressed stamped subsequently published a Pipeline community to unnecessary risks. postcard. To file written comments Accident Report titled ‘‘Storage Tank OPS seeks to advise operators that electronically, after logging on to Explosion and Fire in Glenpool, they should review and, if necessary, http://dms.dot.gov, click on ‘‘Comment/ Oklahoma.’’ In its findings adopted on revise their breakout tank operating Submissions.’’ You can also read October 13, 2004, the NTSB issued a procedures to minimize risk. The comments and other material in the recommendation to OPS to issue an strapping tables should be validated to docket. General information about the advisory bulletin to liquid pipeline reduce the potential for errors that may Federal pipeline safety program is operators to validate the accuracy of lead to dangerous conditions, such as available at http://ops.dot.gov. their tank strapping tables. static discharge inside a tank after a Anyone is able to search the The breakout tank that exploded floating roof has been either electronic form of all comments contained an internal floating roof intentionally or unintentionally landed. received into any of our dockets by the system equipped with pontoons that Pipeline operators, therefore, may need name of the individual submitting the

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comment (or signing the comment if party damages and 17,000 to 18,000 line Avenue NW., Washington, DC 20224, or submitted on behalf of an association, locates each year. Enstar contends that through the Internet, at business, labor union, etc.). You may this regulation is designed to redress a [email protected]. review DOT’s complete Privacy Act problem that does not exist within the SUPPLEMENTARY INFORMATION: Statement in the Federal Register Enstar pipeline service area. Title: IRS e-file Electronic funds published on April 11, 2000 (volume 65, For the reasons cited above, Enstar is Withdrawal Authorization for Form number 70; pages 19477–78) or you may requesting a waiver from the pipeline 7004. visit http://dms.dot.gov. requirements at § 192.321(e). Enstar’s OMB Number: 1545–1927. FOR FURTHER INFORMATION CONTACT: waiver request is available for review in Form Number: 8878–A. James Reynolds by phone at 202–366- the docket. OPS is seeking comments on Abstract: Form 8878–A is used by a 2786, by fax at 202–366–4566, by mail the Enstar’s waiver request. After the corporate officer or agent and an at DOT, PHMSA, Office of Pipeline comments have been received and the electronic return originator (ERO) to use Safety, 400 7th Street, SW., Washington, comment period has ended, OPS will a personal identification number (PIN) DC 20590, or by e-mail at consider each comment and make a to authorize an electronic funds [email protected]. decision whether to grant or deny withdrawal for a tax payment made Enstar’s waiver request. OPS’ decision SUPPLEMENTARY INFORMATION: The with a request to extend the filing due will be published in the Federal pipeline safety regulation at 49 CFR date for a corporate income tax return. Register. 192.321(e), Installation of plastic pipe, Current Actions: There are no changes requires plastic pipe that is not encased Authority: 49 U.S.C. 60118 (c) and 49 CFR being made to the form at this time. to have an electrically conducting wire 1.53. Type of Review: This is a new or other means of locating the pipe Issued in Washington, DC, on March 17, collection. while it is underground. Tracer wire 2005. Affected Public: Business or other for- may not be wrapped around the pipe Theodore L. Willke, profit organizations. and contact with the pipe must be Deputy Associate Administrator for Pipeline Estimated Number of Respondents: minimized but is not prohibited. Tracer Safety. 140,000. wire or other metallic elements installed [FR Doc. 05–6730 Filed 4–5–05; 8:45 am] Estimated Time Per Respondent: 3 hours, 37 minutes. for pipe locating purposes must be BILLING CODE 4910–60–P resistant to corrosion damage, either by Estimated Total Annual Burden use of coated copper wire or by other Hours: 505,400. The following paragraph applies to all means. DEPARTMENT OF THE TREASURY Enstar is requesting a waiver from of the collections of information covered § 192.321(e) because lightning strikes Internal Revenue Service by this notice: are rare in their service area, and Enstar An agency may not conduct or believes there will be more, not fewer, Proposed Collection; Comment sponsor, and a person is not required to incidents on their pipeline if they are Request for Form 8878–A respond to, a collection of information forced to discontinue the practice of unless the collection of information AGENCY: Internal Revenue Service (IRS), wrapping tracer wire around their displays a valid OMB control number. Treasury. plastic pipe. Books or records relating to a collection According to Enstar, the Bureau of ACTION: Notice and request for of information must be retained as long Land Management (BLM) tracks comments. as their contents may become material occurrences of lightning strikes to in the administration of any internal SUMMARY: The Department of the revenue law. Generally, tax returns and monitor forest fire activity. BLM has Treasury, as part of its continuing effort tax return information are confidential, lightning detection systems throughout to reduce paperwork and respondent as required by 26 U.S.C. 6103. Alaska in locations were lightning burden, invites the general public and Request For Comments: Comments strikes are frequent, mainly north and other Federal agencies to take this submitted in response to this notice will west of the Alaska Range. Lightning opportunity to comment on proposed be summarized and/or included in the strikes are recorded by electrical sensors and/or continuing information request for OMB approval. All at nine stations in Alaska. Where collections, as required by the comments will become a matter of lightning strikes are not common, such Paperwork Reduction Act of 1995, Pub. public record. Comments are invited on: as south and east of the Alaska Range, L. 104–13 (44 U.S.C. 3506(c)(2)(A)). (a) Whether the collection of lightning detection systems are not Currently, the IRS is soliciting information is necessary for the proper installed. Enstar’s service area is in comments concerning Form 8878–A, performance of the functions of the south central Alaska, an area without IRS e-file Electronic Funds Withdrawal agency, including whether the lightning detection systems. Since 1972, Authorization for Form 7004. Enstar’s standard practice has been to information shall have practical utility; wrap tracer wire around their plastic DATES: Written comments should be (b) the accuracy of the agency’s estimate pipe. Because of the unique received on or before June 6, 2005 to be of the burden of the collection of geographical and climatic conditions of assured of consideration. information; (c) ways to enhance the the area, lightning strikes on their ADDRESSES: Direct all written comments quality, utility, and clarity of the plastic pipe system are extremely rare. to Glenn Kirkland, Internal Revenue information to be collected; (d) ways to In 32 years, Enstar has recorded only Service, room 6516, 1111 Constitution minimize the burden of the collection of one confirmed incident due to lightning Avenue NW., Washington, DC 20224. information on respondents, including strikes. FOR FURTHER INFORMATION CONTACT: through the use of automated collection Enstar contends that their pipeline Requests for additional information or techniques or other forms of information will suffer more damages if they are not copies of the form and instructions technology; and (e) estimates of capital allowed to wrap tracer wire around their should be directed to Allan Hopkins, at or start-up costs and costs of operation, pipeline. Enstar performs approximately (202) 622–6665, or at Internal Revenue maintenance, and purchase of services 500 excavations per year due to third Service, room 6516, 1111 Constitution to provide information.

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Approved: March 31, 2005. Type of Review: Extension of a SUMMARY: The Department of the Glenn Kirkland, currently approved collection. Treasury, as part of its continuing effort IRS Reports Clearance Officer. Affected Public: Not for-profit to reduce paperwork and respondent [FR Doc. 05–6834 Filed 4–5–05; 8:45 am] institutions. burden, invites the general public and Estimated Number of Respondents: BILLING CODE 4830–01–P other Federal agencies to take this 825. opportunity to comment on proposed Estimated Time For Program and/or continuing information DEPARTMENT OF THE TREASURY Sponsors: 60 hours. collections, as required by the Estimated Time For Student and Paperwork Reduction Act of 1995, Pub. Internal Revenue Service Program Participants: 2 hours. L. 104–13 (44 U.S.C. 3506(c)(2)(A)). Estimated Total Annual Burden Currently, the IRS is soliciting Proposed Collection; Comment Hours: 6,000. comments concerning Form 3975, Tax Request for Publication 3319 The following paragraph applies to all Professionals Annual Mailing List of the collections of information covered Application and Order Blank. AGENCY: Internal Revenue Service (IRS), by this notice: Treasury. An agency may not conduct or DATES: Written comments should be received on or before June 6, 2005 to be ACTION: Notice and request for sponsor, and a person is not required to assured of consideration. comments. respond to, a collection of information unless the collection of information ADDRESSES: Direct all written comments SUMMARY: The Department of the displays a valid OMB control number. to Glenn P. Kirkland, Internal Revenue Treasury, as part of its continuing effort Books or records relating to a collection Service, room 6519, 1111 Constitution to reduce paperwork and respondent of information must be retained as long Avenue, NW., Washington, DC 20224. burden, invites the general public and as their contents may become material FOR FURTHER INFORMATION CONTACT: other Federal agencies to take this in the administration of any internal Requests for additional information or opportunity to comment on proposed revenue law. Generally, tax returns and copies of the form and instructions and/or continuing information tax return information are confidential, should be directed to Allan Hopkins, at collections, as required by the as required by 26 U.S.C. 6103. (202) 622–6665, or at Internal Revenue Paperwork Reduction Act of 1995, Pub. Request For Comments: Comments Service, room 6516, 1111 Constitution L. 104–13 (44 U.S.C. 3506(c)(2)(A)). submitted in response to this notice will Avenue, NW., Washington, DC 20224, Currently, the IRS is soliciting be summarized and/or included in the or through the Internet, at comments concerning Publication 3319, request for OMB approval. All [email protected]. Low-Income Taxpayer Clinics—2002 comments will become a matter of SUPPLEMENTARY INFORMATION: Grant Application Package and public record. Comments are invited on: Title: Tax Professionals Annual Guidelines. (a) Whether the collection of Mailing List Application and Order information is necessary for the proper DATES: Written comments should be Blank. performance of the functions of the received on or before June 6, 2005 to be OMB Number: 1545–0351. agency, including whether the Form Number: Form 3975. assured of consideration. information shall have practical utility; Abstract: Form 3975 allows a tax ADDRESSES: Direct all written comments (b) the accuracy of the agency’s estimate professional a systematic way to remain to Glenn P. Kirkland, Internal Revenue of the burden of the collection of on the Tax Professional Mailing File and Service, room 6516, 1111 Constitution information; (c) ways to enhance the to order copies of tax materials. Avenue NW., Washington, DC 20224. quality, utility, and clarity of the Current Actions: There are no changes FOR FURTHER INFORMATION CONTACT: information to be collected; (d) ways to being made to the form at this time. Requests for additional information or minimize the burden of the collection of Type of Review: Extension of a copies of publication should be directed information on respondents, including currently approved collection. to Allan Hopkins, at (202) 622–6665, or through the use of automated collection Affected Public: Business or other for- at Internal Revenue Service, room 6516, techniques or other forms of information profit organizations. 1111 Constitution Avenue NW., technology; and (e) estimates of capital Estimated Number of Respondents: Washington, DC 20224, or through the or start-up costs and costs of operation, 320,000. Internet, at [email protected]. maintenance, and purchase of services Estimated Time Per Respondent: 3 minutes. to provide information. SUPPLEMENTARY INFORMATION: Estimated Total Annual Burden Title: Low-Income Taxpayer Clinics— Approved: March 31, 2005. Hours: 16,000. 2005 Grant Application Package and Glenn P. Kirkland, The following paragraph applies to all Guidelines. IRS Reports Clearance Officer. of the collections of information covered OMB Number: 1545–1648. [FR Doc. 05–6835 Filed 4–5–05; 8:45 am] by this notice: Publication Number: Publication BILLING CODE 4830–01–P An agency may not conduct or 3319. sponsor, and a person is not required to Abstract: Publication 3319 outlines respond to, a collection of information requirements of the IRS Low-Income DEPARTMENT OF THE TREASURY unless the collection of information Taxpayer Clinics (LITC) program and displays a valid OMB control number. provides instructions on how to apply Internal Revenue Service Books or records relating to a collection for a LITC grant award. The IRS will of information must be retained as long review the information provided by Proposed Collection; Comment as their contents may become material applicants to determine whether to Request for Form 3975 in the administration of any internal award grants for the Low-Income AGENCY: Internal Revenue Service (IRS), revenue law. Generally, tax returns and Taxpayer Clinics. Treasury. tax return information are confidential, Current Actions: There are no changes as required by 26 U.S.C. 6103. ACTION: Notice and request for being made to the publication at this Request For Comments: Comments comments. time. submitted in response to this notice will

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be summarized and/or included in the Service, room 6516, 1111 Constitution technology; and (e) estimates of capital request for OMB approval. All Avenue, NW., Washington, DC 20224, or start-up costs and costs of operation, comments will become a matter of or through the Internet, at maintenance, and purchase of services public record. Comments are invited on: [email protected]. to provide information. (a) Whether the collection of SUPPLEMENTARY INFORMATION: Approved: March 29, 2005. information is necessary for the proper Title: Consent To Extend the Time To Glenn P. Kirkland, performance of the functions of the Assess the Branch Profits Tax Under IRS Reports Clearance Officer. agency, including whether the Regulations Sections 1.884–2(a) and (c). information shall have practical utility; [FR Doc. 05–6837 Filed 4–5–05; 8:45 am] OMB Number: 1545–1407. BILLING CODE 4830–01–P (b) the accuracy of the agency’s estimate Form Number: 8848. of the burden of the collection of Abstract: Form 8848 is used by information; (c) ways to enhance the foreign corporations that have (a) DEPARTMENT OF THE TREASURY quality, utility, and clarity of the completely terminated all of their U.S. information to be collected; (d) ways to trade or business within the meaning of Internal Revenue Service minimize the burden of the collection of temporary regulations sections 1.884– information on respondents, including 2T(a) during the tax year or (b) [REG–106527–98] through the use of automated collection transferred their U.S. assets to a techniques or other forms of information Proposed Collection; Comment domestic corporation in a transaction Request for Regulation Project technology; and (e) estimates of capital described in Code section 381(a), if the or start-up costs and costs of operation, foreign corporation was engaged in a AGENCY: Internal Revenue Service (IRS), maintenance, and purchase of services U.S. trade or business at that time. Treasury. to provide information. Current Actions: There are no changes ACTION: Notice and request for Approved: March 29, 2005. being made to the form at this time. comments. Glenn Kirkland, Type of Review: Extension of a IRS Reports Clearance Officer. currently approved collection. SUMMARY: The Department of the [FR Doc. 05–6836 Filed 4–5–05; 8:45 am] Affected Public: Business or other for- Treasury, as part of its continuing effort profit organizations. to reduce paperwork and respondent BILLING CODE 4830–01–P Estimated Number of Respondents: burden, invites the general public and 5,000. other Federal agencies to take this DEPARTMENT OF THE TREASURY Estimated Time Per Respondent: 5 opportunity to comment on proposed hours, 46 minute. and/or continuing information Internal Revenue Service Estimated Total Annual Burden collections, as required by the Hours: 28,800. Paperwork Reduction Act of 1995, Pub. Proposed Collection; Comment The following paragraph applies to all L. 104–13 (44 U.S.C. 3506(c)(2)(A)). Request for Form 8848 of the collections of information covered Currently, the IRS is soliciting by this notice: comments concerning an existing final AGENCY: Internal Revenue Service (IRS), An agency may not conduct or regulation, REG–106527–98 (TD 8902), Treasury. sponsor, and a person is not required to Capital Gains, Partnership, Subchapter ACTION: Notice and request for respond to, a collection of information S, and Trusts Provisions (§ 1.1(h)-1(e)). comments. unless the collection of information DATES: Written comments should be displays a valid OMB control number. SUMMARY: The Department of the received on or before June 6, 2005 to be Treasury, as part of its continuing effort Books or records relating to a collection assured of consideration. to reduce paperwork and respondent of information must be retained as long ADDRESSES: Direct all written comments burden, invites the general public and as their contents may become material to Glenn P. Kirkland, Internal Revenue other Federal agencies to take this in the administration of any internal Service, room 6516, 1111 Constitution opportunity to comment on proposed revenue law. Generally, tax returns and Avenue NW., Washington, DC 20224. tax return information are confidential, and/or continuing information FOR FURTHER INFORMATION CONTACT: as required by 26 U.S.C. 6103. collections, as required by the Requests for additional information or Paperwork Reduction Act of 1995, Pub. Request for Comments: Comments submitted in response to this notice will copies of the regulations should be L. 104–13 (44 U.S.C. 3506(c)(2)(A)). directed to Allan Hopkins, at (202) 622– Currently, the IRS is soliciting be summarized and/or included in the request for OMB approval. All 6665, or at Internal Revenue Service, comments concerning Form 8848, room 6516, 1111 Constitution Avenue Consent to Extend the Time To Assess comments will become a matter of public record. Comments are invited on: NW., Washington, DC 20224, or through the Branch Profits Tax Under the Internet, at Regulations Sections 1.884–2(a) and (c). (a) Whether the collection of information is necessary for the proper [email protected]. DATES: Written comments should be performance of the functions of the SUPPLEMENTARY INFORMATION: received on or before June 6, 2005 to be agency, including whether the Title: Capital Gains, Partnership, assured of consideration. information shall have practical utility; Subchapter S, and Trusts Provisions. ADDRESSES: Direct all written comments (b) the accuracy of the agency’s estimate OMB Number: 1545–1654. to Glenn P. Kirkland, Internal Revenue of the burden of the collection of Regulation Project Number: REG– Service, room 6516, 1111 Constitution information; (c) ways to enhance the 106527–98. Avenue, NW., Washington, DC 20224. quality, utility, and clarity of the Abstract: The regulation relates to FOR FURTHER INFORMATION CONTACT: information to be collected; (d) ways to sales, or exchanges of interests in Requests for additional information or minimize the burden of the collection of partnerships, S corporations, and trusts. copies of the form and instructions information on respondents, including The regulations interpret the look- should be directed to Allan Hopkins, at through the use of automated collection through provision of section 1(h), added (202) 622–6665, or at Internal Revenue techniques or other forms of information by section 311 of the Taxpayer Relief

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Act of 1997 and amended by sections Approved: March 29, 2005. Avenue, NW., Washington, DC 20224, 5001 and 6005(d) of the Internal Glenn Kirkland, Telephone Number (202) 622–3120 (not Revenue Service Restructuring and IRS Reports Clearance Officer. a toll-free number). Return Act of 1998, and explain the [FR Doc. 05–6839 Filed 4–5–05; 8:45 am] Dated: March 31, 2005. rules relating to the division of the BILLING CODE 4830–01–P Heather C. Maloy, holding period of a partnership interest. The regulations affect partnerships, Associate Chief Counsel (Passthroughs and Special Industries). partners, S corporations, S corporation DEPARTMENT OF THE TREASURY shareholders, trusts, and trusts [FR Doc. 05–6838 Filed 4–5–05; 8:45 am] beneficiaries. Internal Revenue Service BILLING CODE 4830–01–P Current Actions: There is no change to this existing regulation. Publication of Inflation Adjustment Type of Review: Extension of a Factor, Nonconventional Source Fuel currently approved collection. Credit, and Reference Price for DEPARTMENT OF VETERANS Affected Public: Business or other for- Calendar Year 2004 AFFAIRS profit organizations, and individual or households. AGENCY: Internal Revenue Service (IRS), Advisory Committee on CARES The burden estimates for requirement Treasury. Business Plan Studies; Notice of is reflected in the burden estimates for: ACTION: Notice. Meeting Form 1040, U.S. Individual Income Tax SUMMARY: The Department of Veterans Affairs Return; Form 1065, U.S. Partnership Publication of the inflation (VA) gives notice under the Public law Return of Income; Form 1041, U.S. adjustment factor, nonconventional 92–463 (Federal Advisory Committee Income Tax Return for Estates and source fuel credit, and reference price Act) that the Advisory Committee on Trusts; and Form 1120S, U.S. Income for calendar year 2004 as required by CARES Business Plan Studies will meet Tax Return for an S Corporation. section 29 of the Internal Revenue Code The following paragraph applies to all (26 U.S.C. section 29). The inflation on April 20, 2005, at the Canadaigua VA of the collections of information covered adjustment factor, nonconventional Medical Center, Building 5, Auditorium, by this notice: source fuel credit, and reference price 400 Hill Avenue, Canadaigua, NY An agency may not conduct or are used in determining the tax credit 144224. The meeting will begin at 10:30 sponsor, and a person is not required to allowable on the sale of fuel from a.m. and is open to the public. respond to, a collection of information nonconventional sources under section The purpose of the Committee is to unless the collection of information 29 during calendar year 2004. provide advice to the Secretary of displays a valid OMB control number. DATES: The 2004 inflation adjustment Veterans Affairs on proposed business Books or records relating to a collection factor, nonconventional source fuel plans at those VA facility sites of information must be retained as long credit, and reference price apply to identified in May 2004 as requiring as their contents may become material qualified fuels sold during calendar year further study by the Capital Asset in the administration of any internal 2004. Realignment for Enhanced Services revenue law. Generally, tax returns and Inflation Adjustment Factor: The (CARES) Decision document. tax return information are confidential, inflation adjustment factor for calendar The agenda will include presentations as required by 26 U.S.C. 6103. year 2004 is 2.1853. on objectives of the CARES project and Request for Comments: Comments Credit: The nonconventional source the project’s timeframes. Additional submitted in response to this notice will fuel credit for calendar year 2004 is presentations will focus on the VA- be summarized and/or included in the $6.56 per barrel-of-oil equivalent of selected contractor’s methodology and request for OMB approval. All qualified fuels. tools to develop business plan options, comments will become a matter of Reference Price: The reference price as well as the methodology for gathering public record. Comments are invited on: for calendar year 2004 is $36.75. and evaluating stakeholder input. The (a) Whether the collection of Because this reference price does not agenda will also accommodate public information is necessary for the proper exceed $23.50 multiplied by the commentary on site-specific issues. performance of the functions of the inflation adjustment factor, the phaseout Interested persons may attend and agency, including whether the of credit provided for in section 29(b)(1) present oral or written statements to the information shall have practical utility; does not occur for any qualified fuels Committee. For additional information (b) the accuracy of the agency’s estimate sold during calendar year 2004. regarding the meeting, please contact of the burden of the collection of FOR FURTHER INFORMATION CONTACT: Mr. Jay Halpern, Designated Federal information; (c) ways to enhance the For questions about how the inflation Officer, (00CARES), 810 Vermont quality, utility, and clarity of the adjustment factor is calculated—Wu- Avenue, NW., Washington, DC 20024 by information to be collected; (d) ways to Lang Lee, RAS:R:TSBR, Internal phone at (202) 273–5994, or by e-mail minimize the burden of the collection of Revenue Service, 1111 Constitution at [email protected]. information on respondents, including Avenue, NW., Washington, DC 20224, Dated: March 30, 2005. through the use of automated collection Telephone Number (202) 874–0585 (not techniques or other forms of information a toll-free number). By Direction of the Secretary. technology; and (e) estimates of capital For all other questions about the E. Philip Riggin, or start-up costs and costs of operation, credit or the reference price—Kelly Committee Management Officer. maintenance, and purchase of services Morrison-Lee, CC:PSI:7, Internal [FR Doc. 05–6755 Filed 4–5–05; 8:45 am] to provide information. Revenue Service, 1111 Constitution BILLING CODE 8320–01–M

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Part II

Department of Labor Employee Benefits Security Administration

Voluntary Fiduciary Correction Program Under the Employee Retirement Income Security Act of 1974; Notice

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DEPARTMENT OF LABOR Public Disclosure Room, N–1513, include a class exemption (PTE 2002– Employee Benefits Security 51) providing excise tax relief for four Employee Benefits Security Administration, U.S. Department of specific VFC Program transactions.3 Administration Labor, 200 Constitution Avenue, NW., While the original VFC Program has Washington, DC 20210. been very successful in encouraging and RIN 1210–AB03 FOR FURTHER INFORMATION CONTACT: For facilitating the correction of violations Voluntary Fiduciary Correction Questions Regarding the VFC Program of ERISA’s fiduciary responsibility and Program Under the Employee Amendments: Contact Kristen L. prohibited transaction rules, EBSA Retirement Income Security Act of Zarenko, Office of Regulations and believes, based on its own experience to 1974 Interpretations, Employee Benefits date, as well as comments from Security Administration, (202) 693– employee benefit plan practitioners, that AGENCY: Employee Benefits Security 8510. changes to the Program are needed to Administration, DOL. For General Questions Regarding the further encourage utilization of the ACTION: Adoption of amended and VFC Program: Contact Caroline Program. These changes will improve restated Voluntary Fiduciary Correction Sullivan, Office of Enforcement, administration of the Program by Program. Employee Benefits Security EBSA’s Regional Offices by which the Administration, (202) 693–8463. (These revised VFC Program will continue to be SUMMARY: This Notice contains an are not toll-free numbers.) administered. To this end, EBSA is update, which amends and restates the For Questions Regarding Specific publishing in this Notice an updated Employee Benefits Security Applications Under the VFC Program: and revised VFC Program containing Administration’s Voluntary Fiduciary Contact the appropriate EBSA Regional several changes (the revised VFC Correction Program (the VFC Program or Office listed in Appendix C. Program), discussed below, on which EBSA is inviting public comment. As Program). The VFC Program permits SUPPLEMENTARY INFORMATION: certain persons to avoid potential civil also discussed below, EBSA is making actions and civil penalties under the A. Background the revised VFC Program effective on Employee Retirement Income Security The Voluntary Fiduciary Correction publication of this Notice in order to Act (ERISA) by voluntarily taking steps Program was adopted by EBSA of the enable employers, plan fiduciaries and to correct violations that would Department of Labor (Department) on a others to avail themselves of the ordinarily give rise to such actions and permanent basis in March 2002 (the simplified processes and new covered penalties. Based on its experience since original VFC Program).1 The VFC transactions during the interim period adoption of the VFC Program in March Program is designed to encourage until the adoption of final changes to 2002, the Employee Benefits Security employers and plan fiduciaries to the Program. EBSA also is proposing amendments Administration (EBSA) has identified voluntarily comply with ERISA and to PTE 2002–51 to accommodate a new certain changes that will both simplify allows those potentially liable for transaction contained in the revised and expand the original VFC Program, certain specified fiduciary violations VFC Program. These amendments also thereby making the Program easier for, under ERISA to voluntarily apply for appear in the Notice section of today’s and more useful to, employers and relief from enforcement actions and Federal Register. It is important to note others who wish to avail themselves of certain penalties, provided they meet that the excise tax relief afforded by the the relief provided by the Program. the VFC Program’s criteria and follow amendments to PTE 2002–51 is not EBSA is inviting comments from the procedures outlined in the VFC available until such amendments are interested persons on the revisions to Program. Many workers have also the VFC Program described in this adopted in final form and, therefore, the benefited from the VFC Program as a amendments cannot be relied upon for document. At the same time, EBSA is result of the restoration of plan assets making the simplified and expanded relief during the interim period of the and payment of promised benefits. revised Program. Program available immediately to those The VFC Program describes: how to who wish to rely on the revisions in apply for relief; the specific transactions B. Overview of VFC Program Changes seeking VFC Program relief. covered;2 acceptable methods for Except as discussed below, the DATES: This Notice is effective April 6, correcting violations; and examples of revised VFC Program, as set forth 2005. potential violations and corrective herein, is unchanged from the Program Written comments on the Notice actions. Eligible applicants that satisfy adopted in 2002. The Program is set should be received by EBSA on or the terms and conditions of the VFC forth in its entirety in this Notice to before June 6, 2005. Program receive a ‘‘no-action letter’’ facilitate both utilization and review by ADDRESSES: Comments on the from EBSA and are not subject to civil interested persons. The following is an amendments to the VFC Program monetary penalties. In 2002, the original overview of changes applicable to the (preferably at least three copies) should VFC Program was further expanded to revised VFC Program. be addressed to the Office of 1 1. Model Application Form Regulations and Interpretations, 67 FR 15062 (March 28, 2002). Prior to adoption in March 2002, the VFC Program was made To encourage use of the Program, Employee Benefits Security available on an interim basis during which the Administration, U.S. Department of Department invited and considered public EBSA is making available a model VFC Labor, Room N–5669, 200 Constitution comments on the Program. (See 65 FR 14164, March Program application form. This model Avenue NW., Washington, DC 20210, 15, 2000). form is set forth in Appendix E of this 2 EBSA acknowledges, based on its experience, Notice. EBSA also will be making the Attn: Voluntary Fiduciary Correction that certain transactions may fit within one or more Program. Comments also may be model form available to the public on its of the listed categories of transactions, even if not 4 submitted electronically to e- specifically named in the category, for example Web site. While use of the model form [email protected] or to http:// certain transactions involving contributions in kind under Section 7.D.1. of the Program. EBSA 3 PTE 2002–51 published at 67 FR 70623 (Nov. www.regulations.gov. encourages potential applicants to discuss 25, 2002). All comments received will be eligibility and similar issues with the appropriate 4 The model form will be accessible to applicants available for public inspection at the regional VFC Program coordinator. on EBSA’s Web site at http://www.dol.gov/ebsa.

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is wholly voluntary, EBSA encourages themselves of this reduced In an effort to simplify this applicants to consider using the form in documentation requirement. component of the correction amount, order to avoid common application EBSA is revising the method of 3. Simplification of Correction Amount errors that frequently result in calculating Lost Earnings and interest, if processing delays or rejections. In the course of EBSA’s any, to use factors provided under IRS Moreover, EBSA believes that use of the administration of the VFC Program, a Revenue Procedure 95–17.6 These model form will enable the Regional number of applicants expressed concern factors, which are displayed on EBSA’s Offices to provide a more expedient and about the complexities attendant to Web site in a tabular format, incorporate consistent review of VFC Program calculating amounts required for daily compounding of an interest rate applications. transaction corrections under the over a set period of time. In brief, the model form provides an Program. In an effort to address First, applicants must determine the outline for applicants of the information applicant concerns and facilitate applicable corporate underpayment and supplemental documentation that corrections for purposes of the revised rate(s) established under section must be included with the application Program, EBSA is simplifying the 6621(a)(2) of the Code for each quarter to help ensure that the applications are definitions of both Lost Earnings and (or portion thereof) for the period correct and complete. The model form Restoration of Profits set forth in Section beginning with the Loss Date and includes the Program’s mandatory 5(b) of the Program.5 Additionally, ending with the Recovery Date. These checklist, which is also separately set EBSA is also providing a new Internet rates are displayed on EBSA’s Web site forth in Appendix B of this Notice. Use tool on its Web site, the Online and will be updated when necessary. of the model form, however, is not a Calculator, to automatically perform Second, applicants must select the substitute for an applicant’s careful Program calculations. Use of the Online applicable factor(s) under IRS Revenue review of Program conditions and Calculator is discussed in detail below. Procedure 95–17 for such quarterly underpayment rate(s) for each quarter requirements. For example, all The Program has always required that (or portion thereof) of the period applications must include a completed Plan Officials determine the correction penalty of perjury statement. beginning with the Loss Date and amount to be restored to the plan based ending with the Recovery Date. Third, 2. Reduced Documentation on either the losses to the plan resulting applicants multiply the Principal from a breach or the profits gained from Amount by the first applicable factor to As part of its effort to streamline and improper use of plan assets, as required simplify the VFC Program, EBSA determine the amount of earnings for by section 409 of ERISA. The correction the first quarter (or portion thereof). If reviewed the supporting documents amount generally consists of two required to be filed as part of the the Loss Date and Recovery Date are components: (1) Principal Amount and within the same quarter, this initial application process. On the basis of this (2) Lost Earnings or Restoration of review, EBSA concluded that document calculation is complete. However, if the Profits. In broad terms, the Principal Recovery Date is not in the same quarter requirements could be reduced in Amount is the amount of plan assets as the Loss Date, the applicable factor certain instances without compromising that would have been available to the for each subsequent quarter (or portion EBSA’s review of applications. In plan if the breach had not occurred. thereof) must be applied to the sum of particular, EBSA has made the Plan Officials must always restore the the Principal Amount and all earnings following changes to the documentation Principal Amount to the plan. as of the end of the immediately requirements. (a) Lost Earnings Component preceding quarter (or portion thereof), Section 6 of the Program has been until Lost Earnings have been calculated revised to eliminate the requirement Under the original VFC Program, Plan for the entire period, ending with the that applicants provide certain Officials generally calculated Lost Recovery Date. information relating to the plan’s Earnings by comparing two hypothetical In situations when the Lost Earnings fidelity bond. amounts that a plan might have earned amount is paid to the plan after the With regard to the correction of on the Principal Amount between the Recovery Date, applicants must delinquent participant contributions or date of the breach (the Loss Date) and calculate an amount of interest that the loan repayments under Section 7.A.1. of the date the Principal Amount is Lost Earnings would have earned during the Program, the Program is being restored to the plan (the Recovery Date), the time period between the Recovery revised to permit applicants correcting as well as any interest on such earnings Date and such payment date. This breaches that involve (i) amounts below because of payment of Lost Earnings calculation also has been simplified to $50,000, or (ii) amounts greater than after the Recovery Date. The first use the factors provided under IRS $50,000 that were remitted within 180 earnings amount assumed that the Revenue Procedure 95–17. Applicants calendar days after receipt by the Principal Amount had been must use the same method as in employer to provide summary appropriately invested under ERISA, calculating Lost Earnings, but documentation. EBSA believes that while the second assumed that the referencing the period beginning on the introducing more simplified Principal Amount had earned interest at Recovery Date and ending with the documentation requirements in certain a rate defined in section 6621 of the payment date and applying the first cases rather than the detailed Internal Revenue Code (Code). Utilizing applicable factor to Lost Earnings information and copies of accounting this approach, Plan Officials were then instead of the Principal Amount. Under and payroll records required under the required to restore the higher of these the original Program, the Plan Official original VFC Program will streamline two hypothetical amounts to the plan. would have had to calculate and the application process, increase the compare two assumed amounts of efficiency of EBSA’s reviewers, and be 5 The Department notes that the Program’s interest that would have been earned if less burdensome for applicants making correction criteria represent EBSA enforcement the Lost Earnings amount had been smaller corrections. Based on EBSA’s policy with respect to applications under the Program and are provided for informational restored to the plan on the Recovery experience to date, the majority of VFC purposes to the public, but are not intended to Program applicants, under the revised confer enforceable rights on any person correcting 6 Rev. Proc. 95–17, 1995–1 C.B. 556 (Feb. 8, Program, would be able to avail a violation. 1995).

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Date and then pay the greater of these Under the revised Program, previously used under section two amounts. Restoration of Profits is defined to 6621(a)(2). If the sum of Lost Earnings and any incorporate two amounts: (i) The To more easily perform these interest interest on Lost Earnings exceeds amount of profit made on the use of the amount calculations, applicants may $100,000, applicants must then re- Principal Amount, and (ii) if the profit use the Online Calculator. Applicants determine the amount of Lost Earnings is restored to the plan on a date later also may perform these calculations and any interest on Lost Earnings using than the date on which the profit was manually. In either case, information the same method discussed above, but realized (i.e., received or determined), sufficient to verify the correctness of the substituting the applicable the amount of interest earned on such amounts to be paid to the plan must be underpayment rates under section profit from the date the profit was included as part of the VFC Program 6621(c)(1) of the Code for the rates realized to the date on which the profit application. previously used under section is restored to the plan. Under the In situations when the Restoration of 6621(a)(2). These rates also are original Program, Plan Officials would Profits amount can be determined, the displayed on EBSA’s Web site and will have had to calculate and compare two revised VFC Program requires the Plan be updated when necessary. assumed amounts of interest and then Official to restore Restoration of Profits to the plan as a component of the Applicants either may use the Online include the greater of these two amounts correction amount only if Restoration of Calculator to facilitate the calculation of in Restoration of Profits. Profits exceeds the Lost Earnings these Lost Earnings amounts, as EBSA is simplifying the amount plus interest, if any. explained below, or perform the determination of Restoration of Profits calculation manually. In either case, under the revised Program to use factors 4. Online Calculator information sufficient to verify the provided under IRS Revenue Procedure To facilitate use of the Program, EBSA correctness of the amounts to be paid to 95–17 in calculating the interest is providing an Online Calculator on its the plan must be included as part of the amount. First, applicants must Web site, which is an Internet based VFC Program application. determine the applicable corporate compliance assistance tool that may be underpayment rate(s) established under (b) Restoration of Profits Component used by applicants to automatically section 6621(a)(2) of the Code for each calculate Lost Earnings and interest, if In a limited set of circumstances, Plan quarter (or portion thereof) for the any, and the interest amount for Officials are required to determine period beginning with the date the Restoration of Profits. Use of the Online Restoration of Profits as a correction profit was realized (i.e. received or Calculator will provide accuracy, ensure amount component. Under the original determined) and ending with the date consistency and expedite review of VFC Program, Plan Officials generally on which the profit is paid to the plan. applications by EBSA. While EBSA calculated Restoration of Profits when a Second, applicants must select the anticipates that most applicants will use breach involved the use of the Principal applicable factor(s) under IRS Revenue the Online Calculator under the revised Amount by a fiduciary, plan sponsor or Procedure 95–17 for such quarterly Program, applicants also may perform a other Plan Official for a specific purpose underpayment rate(s) for each quarter manual calculation, as explained above, resulting in an actual profit that could (or portion thereof) of the period using the applicable factors under IRS be determined. Plan Officials were beginning with the date the profit was Revenue Procedure 95–17. required to compare this actual profit to realized and ending with the date on In using the Online Calculator to a second amount that assumed that the which the profit is paid to the plan. determine Lost Earnings and interest, if Principal Amount had earned interest at Third, applicants multiply the profit on any, applicants input four data a rate defined in section 6621 of the the Principal Amount, referred to above, elements: the (1) Principal Amount, (2) Code. The higher of these two amounts by the first applicable factor to Loss Date, and (3) Recovery Date, and if was defined as Restoration of Profits. determine the amount of interest for the the final payment will occur after the Plan Officials were then required to first quarter (or portion thereof). If the Recovery Date, (4) the date of such final compare this Restoration of Profits date the profit was realized and the date payment. The Online Calculator selects amount to the Lost Earnings amount and the profit is paid to the plan are within the applicable factors under Revenue restore the higher amount to the plan. the same quarter, the initial calculation Procedure 95–17 after referencing the In an effort to simplify this is complete. However, if the date the underpayment rates over the relevant component of the correction amount, profit was realized is not in the same time period. The Online Calculator then EBSA is revising the Program to require quarter as the date the profit was paid automatically applies the factors to the calculation of a Restoration of to the plan, the applicable factor for provide applicants with the amount of Profits amount only when the Principal each subsequent quarter (or portion Lost Earnings and interest, if any, that Amount was used by a fiduciary, plan thereof) must be applied to the sum of must be paid to the plan. sponsor or other Plan Official for a the profit on the Principal Amount, and In using the Online Calculator to specific purpose such that a profit all interest as of the end of the determine the interest amount for resulting from the breach is immediately preceding quarter (or Restoration of Profits, applicants input determinable. EBSA’s experience portion thereof), until interest has been three data elements: (1) The amount of suggests that more commonly, the calculated for the entire period, ending profit, (2) the date the amount of profit Principal Amount is commingled with with the date the profit amount is paid was realized (i.e. received or other funds of the plan sponsor or a to the plan. determined), and (3) the date of fiduciary, so that a profit from the use If the Restoration of Profits amount payment of the Restoration of Profits of the Principal Amount cannot exceeds $100,000, applicants must then amount. The Online Calculator selects definitively be determined. As a recalculate the interest amount for the applicable factors under Revenue consequence, EBSA anticipates that Restoration of Profits using the same Procedure 95–17 after referencing the applicants under the revised Program method discussed above, but underpayment rates over the relevant will be using the simplified Lost substituting the applicable time period. The Online Calculator then Earnings calculation more frequently underpayment rates under section automatically applies the factors to than Restoration of Profits. 6621(c)(1) of the Code for the rates provide applicants with the interest

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amount on the profit that must be paid asset is in the best interest of the plan; The new transactions describe to the plan. and (3) following reasonable efforts to situations when a plan extends a loan (i) sell the asset to a non-party in interest, to a participant who is a party in 5. New Covered Transactions that the asset cannot immediately be interest with respect to the plan based (a) Illiquid Assets sold for its original purchase price, or its solely on his or her status as an On the basis of EBSA’s review of the current fair market value, if greater. employee, and (ii) either the amount or VFC Program, EBSA believes it is Illiquid assets, among other things, duration of the loan exceeds that appropriate to revise the Program to could include restricted and thinly permitted under the applicable plan include a correction of a transaction that traded stock, limited partnership provisions incorporating the limitations permits the plan to divest, rather than interests, real estate and collectibles. of section 72(p) of the Code. These loans continuing to hold in its portfolio, a The required correction permits the are prohibited transactions that fail to previously purchased asset that is sale of the illiquid asset to a party in qualify for the statutory exemption in currently classified as illiquid. This new interest, provided the plan is returned to section 408(b)(1) of ERISA because the transaction is described in Section a financial position that is no worse loans were not made in accordance with 7.D.6. of the revised Program. than if the acquisition had never taken the specific plan loan provisions. Specifically, the new transaction place. Accordingly, a plan must receive To correct a loan that exceeded the covers circumstances where a plan is the higher of the fair market value of the amount limitation, the Program requires holding an illiquid asset and a plan asset on the date of the correction or its the participant to pay back to the plan fiduciary has determined that continued original purchase price, plus incidental the excess amount of the loan. For holding of such asset is not in the best costs. For purposes of the Class example, if on the date the loan was interest of the plan or the plan’s Exemption, corrective relief would, made, a participant should have participants and beneficiaries, and upon adoption of the amendments, received a loan no greater than $5,000, following reasonable efforts to dispose extend to both the acquisition of the but the participant erroneously received of the asset, the only available purchaser asset by the plan, if that acquisition a loan for $7,000, then the participant is a party in interest. The revised would otherwise have been a prohibited must pay $2,000 back to the plan on the Program describes three scenarios for transaction, and the disposition of the date of correction. Then, Plan Officials the plan’s acquisition of the illiquid illiquid asset by sale to a party in must reform the loan to amortize the asset, each of which results in the plan’s interest, which would itself be a remaining principal balance as of the holding of the illiquid asset, for which prohibited transaction but for the date of correction over the remaining the correction is determined to be exemption. duration of the original loan, making any required adjustments to the necessary. In the first scenario, the plan (b) Participant Loans purchases an asset at a price not greater monthly repayment amount. Plan than fair market value at that time, but Often plans incorporate in their terms Officials otherwise must continue to because the acquisition was from a with respect to participant loan enforce all other terms of the original related party, it was nonetheless a programs a provision that a participant loan agreement. prohibited transaction. In the second loan will not exceed the limitations set To correct a loan that exceeded the scenario, the plan purchases an asset by section 72(p) of the Code.7 The duration limitation, the Program from an unrelated third party in an statutory exemption from the prohibited requires that Plan Officials reform the acquisition that was not a prohibited transaction provisions for participant duration of the loan to complete transaction under ERISA, but the plan loans provided by section 408(b)(1) of repayment within the maximum term fiduciary failed to appropriately ERISA contains a requirement that a permitted under the plan loan discharge his or her fiduciary duties participant loan be made in accordance provisions. For example, if a loan with respect to the purchase. For with plan terms regarding such loans. A should have been for a term of five example, the fiduciary’s purchase of a violation of the prohibited transaction years, but the participant erroneously limited partnership interest from an provisions of ERISA, therefore, would received a loan with scheduled unrelated third party was imprudent occur when the section 72(p) loan repayments over ten years, Plan and inconsistent with the objectives limitations are exceeded. According to Officials must reform the loan. The contained in the plan’s investment practitioners, these loan violations reformed loan must be paid back within guidelines. In the third scenario, the commonly occur and lack an approved five years from the date of loan plan purchases an asset from an correction method for the fiduciary origination, and Plan Officials must unrelated third party in an acquisition breach involved. EBSA recognizes that make any necessary changes to the that was not a prohibited transaction plan loans to participants can result in monthly repayment amount. If more under ERISA, and the plan fiduciary prohibited transactions through no fault than five years has passed since the date appropriately discharged his or her of the borrowers. For example, a data of loan origination, then this correction fiduciary duties with respect to the processing system or record-keeping is not available. Plan Officials otherwise purchase. error could result in a loan that fails to must continue to enforce all other terms Subsequent to an acquisition pursuant comply with the plan’s written loan of the original loan agreement. to one of the foregoing scenarios, the provisions, and the borrower agrees to EBSA is aware that these plan loan plan fiduciary concludes that the the loan terms unaware of the error. To transactions also have tax consequences; continued holding of the asset is not in facilitate correction of such transactions, they require income tax reporting as a the interest of the plan. To correct the EBSA is expanding the Program with deemed distribution by the plan transaction, the revised VFC Program the addition of two new categories of fiduciaries, which triggers income tax requires the fiduciary to classify the transactions involving plan loans to liabilities for participants. Informal asset as illiquid by making the following participants. These transactions are discussion between EBSA and the staffs determinations: (1) That the asset has being added in Section 7.C.1. and 2. of of the Internal Revenue Service (IRS) failed to appreciate, failed to provide a the revised Program. and Treasury Department have reasonable rate of return or has caused confirmed their intent to develop a a loss to the plan; (2) that the sale of the 7 See Code section 72(p)(2)(A) and (B). coordinating Employee Plans

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Compliance Resolution System 8 plan. EBSA believes that if another the Application Procedures set forth in (EPCRS) correction for these plan loan Federal agency (e.g., IRS, SEC) is Section 6(j) of the Program, Submission transactions under which certain tax conducting an investigation involving of Additional Documentation. This consequences may be alleviated. the plan, applicant or plan fiduciary in provision is intended to make clear that connection with an act or transaction EBSA retains the right to make written (c) Delinquent Participant Loan involving the plan, the acts or Repayments requests for any supplemental transaction at issue should be subject to documentation necessary for a complete Subsequent to the publication of the closer scrutiny than might otherwise be examination and review of the original VFC Program, EBSA issued the case in connection with the VFC application under the Program. If an Advisory Opinion 2002–02A (May 17, Program, which is designed to deal with applicant fails to respond with the 2002) relating to the time frames for routine correction issues. Accordingly, requested documentation within the repayment of participants’ loans to the definition of ‘‘Under Investigation’’ specified time period, EBSA may pension plans. The Department then includes investigations or examinations suspend further review of the issued guidance in a question and by other Federal agencies whether of a application and consider what, if any, answer format under the VFC Program criminal or civil nature. other action may be appropriate with stating that applicants could correct the EBSA further modified the ‘‘Under respect to the identified violations. failure to forward participant loan Investigation’’ definition to include EBSA believes that this new provision repayments to a plan in a timely fashion notice of a Federal agency’s intent to will improve the efficiency of the under the Program in the manner set conduct an investigation, recognizing Program and encourage timely forth in this Advisory Opinion. In that the parties to the transaction may communications among Program conjunction with this guidance, the actually be on notice of an agency’s applicants and EBSA reviewers. Department included, in its final class intent to conduct an investigation well exemption providing relief for certain in advance of the beginning of the actual 7. Miscellaneous Issues 9 transactions described in the Program, investigation. Again, EBSA believes (a) 502(l) Penalty If Application Is explicit language to cover the failure to that, while mere contact by an agency Rejected Or Closed As Incomplete transmit participant loan repayments to official generally is insufficient, a pension plan within a reasonable time communications notifying the parties of If a person files an application under after withholding or receipt by the a Federal agency’s intent to conduct an the VFC Program, but the corrective employer. Consistent with the investigation or examination should, for action falls short of a complete and Department’s prior guidance,10 EBSA is purposes of eligibility for the VFC acceptable correction, EBSA may reject expanding the Program to explicitly Program, be the same as if the the application and consider include delinquent participant loan investigation had started. It should be appropriate action, including repayments as an eligible transaction in noted, however, that the plan, the assessment of a section 502(l) penalty. Section 7.A.1. of the Program. applicant or plan sponsor will be However, no section 502(l) penalty would be imposed on the basis of any 6. Other Changes considered ‘‘Under Investigation’’ only if the investigation or examination at amounts restored to the plan prior to In addition to the revisions described issue is in connection with an act or filing a Program application. The above, EBSA is making the following transaction involving the plan. For penalty would only apply to the changes in an effort to further refine the example, if a plan sponsor is notified by additional recovery amount, if any, paid scope of the Program and facilitate its a Federal agency of an investigation of to the plan pursuant to a court order or administration of the Program via the the company regarding a Federal a settlement agreement with the Regional Offices. contract, such notification would not Department. (a) Scope of the Term ‘‘Under affect the plan’s eligibility to participate (b) Actions By Parties Other Than the Investigation’’ in the VFC Program because the Department investigation does not involve the plan Eligibility to participate in the revised Full correction under the VFC Program pursuant to Section 4 (VFC or an act or transaction involving the plan. Program does not preclude any other Program Eligibility), paragraph (a), is person or governmental agency, conditioned on neither the plan nor the (b) Modification of Penalty of Perjury including the IRS, from exercising any applicant being ‘‘Under Investigation.’’ Statement rights it may have with respect to the For purposes of the revised VFC For purposes of the revised VFC transactions that are the subject of the Program, EBSA has changed the Program, EBSA also has modified the application. The IRS has indicated to definition of ‘‘Under Investigation’’ in Penalty of Perjury Statement required by the Department that the federal tax Section 3(b)(3). Upon review of the prior Section 6(g) of the Program. This treatment of a breach and correction definition, EBSA concluded that in amendment significantly simplifies the under the VFC Program (including the some respects the definition was too statement and more closely conforms federal income and employment tax broad and in other respects too narrow. the required representations to the consequences to participants, For example, the original VFC Program revised Program’s eligibility criteria. beneficiaries, and plan sponsors) are provided that a person would be Under the revised Program, the determined under the Code and that, considered ‘‘Under Investigation’’ only statement will continue to require a based on its review of the revised if he or she were subject to an declaration that the application and all Program, except in those instances investigation under either section 504 of supporting documents, based on where the fiduciary breach or its ERISA by EBSA or any criminal statute knowledge and belief, are true, correct, correction involve a tax abuse, a involving a transaction affecting the and complete. correction under the VFC Program for a breach that constitutes a prohibited 8 Rev. Proc. 2003–44, 2003–1 C.B. 1051. (c) Requests for Additional transaction under section 4975 of the 9 See infra 1. Documentation 10 See also Preamble to the final participant Code generally will constitute contribution regulation, 29 CFR 2510.3–102, For purposes of the revised VFC correction for purposes of section 4975 published at 61 FR 41220, 41226 (Aug. 7, 1996). Program, EBSA has added a provision to and a correction under the VFC Program

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for a breach that also constitutes an referred to as ‘‘economically simplification of the correction amount operational plan qualification failure significant’’); (2) creating serious calculation, including the introduction generally will constitute correction for inconsistency or otherwise interfering of the Online Calculator and the factors purposes of the IRS’s EPCRS program. with an action taken or planned by provided under IRS Revenue Procedure another agency; (3) materially altering 95–17, addition of new transaction C. Notice and Request for Comments the budgetary impacts of entitlement categories, and other clarifying Although the Department is not grants, user fees, or loan programs or the modifications are expected to make the required to seek public comments on an rights and obligations of recipients Program easier to use, to lessen the cost enforcement policy, the Department thereof; or (4) raising novel legal or of participation in many instances, and solicits comments from the public on policy issues arising out of legal to increase efficiency for both applicants the revisions to the VFC Program mandates, the President’s priorities, or and reviewers. discussed in this Notice, including the principles set forth in the Executive The VFC Program has been very whether there are different ways in Order. OMB has determined that this successful to date in encouraging and which the new transactions included in action is not a ‘‘significant regulatory facilitating the correction of violations. the Program could be corrected in action’’ under Executive Order 12866, The Department anticipates that the accordance with the goals of the section 3(f). Accordingly, an assessment revised VFC Program will encourage Program. of the potential costs and benefits under Plan Officials, who otherwise might not At the same time, the Department has section 6(a)(3) of that order is not do so, to correct violations and determined that the relief afforded by required. In order to better inform the reimburse plan losses. the revised VFC Program should be public, however, the Department has The Department is unable to predict made available upon publication of the included below a brief analysis of the with certainty either the reduction in revised Program in the Federal Register costs and benefits attributable to the application costs that will arise from in order to ensure that interested parties updated and revised Program. simplification of application and may avail themselves of the Program The Department continues to believe procedural requirements, or the changes on the earliest possible date. that the benefits of the VFC Program potential increase in participation that EBSA does not believe that a delay in substantially outweigh its costs, because will be associated with these revisions. the implementation of the changes participation is voluntary, the However, based on the Department’s discussed herein would serve any useful administrative cost of correcting a experience to date, and comments from purpose and is unnecessary, depriving potential fiduciary breach through employee benefit plan practitioners, the potential applicants of the ability to take voluntary participation in the VFC availability of the model application advantage of the clarified procedures Program is lower than the form, streamlining of documentation and additional transactions included in administrative cost of a correction in requirements, and simplification of the the revised Program. As with the connection with a civil action and civil correction amount calculation would original VFC Program, implementation penalties, and the value and security of make the Program substantially easier to of the revised Program does not the assets of the plans participating in use. The voluntary model form should foreclose resolution of fiduciary the VFC Program are preserved or offer an easily accessible outline for breaches by other means, including increased. The VFC Program imposes no applicants to use in ensuring that their entering into settlement agreements costs unless Plan Officials choose to applications are complete, which will with the Department. The Department avail themselves of the opportunity to reduce or eliminate common expects that the availability of the correct a potential fiduciary breach application errors that result in revised Program will encourage under the terms of the VFC Program. processing delays and potential fiduciaries, which otherwise might not Costs to Plan Officials in applying under rejections. The reduction in the extent of do so, to correct violations and the VFC Program include the expenses documentation required for corrections reimburse plan losses. Alternatively, related to making a correction in involving delinquent contributions, in VFC Program applicants may pursue accordance with Program conditions, particular, should decrease the cost of relief under the original VFC Program and completing the application to be participation for many Plan Officials until such time as final changes are submitted to the Department. Benefits because the vast majority of applications adopted by the Department. for Plan Officials include the reduction of risk and savings of penalties that based on the delinquent remittance of D. Impact of Program Amendments would otherwise be payable on the participant funds have entailed breaches that involve amounts below $50,000, or Executive Order 12866 Statement amount of assets recovered following a civil action, in addition to the savings amounts greater than $50,000 that were Under Executive Order 12866, the of resources that might have been repaid within 180 days. The delinquent Department must determine whether a devoted to such a civil action. remittance of participant contributions regulatory action is ‘‘significant’’ and An additional benefit of the VFC is also the most common type of therefore subject to the requirements of Program accrues to participants and violation corrected to date under the the Executive Order and subject to beneficiaries through the correction of VFC Program. Where it applies, this review by the Office of Management and violations and restoration of losses or reduction is substantial in that it Budget (OMB). Under section 3(f) of the profits that arise from the reversal of permits the submission of summary Executive Order, a ‘‘significant impermissible transactions, resulting in information rather than the detailed regulatory action’’ is an action that is greater security of plan assets and future accounting records previously required. likely to result in a rule (1) having an benefits. Similarly, the modification of the annual effect on the economy of $100 The Department expects that the method of calculating Lost Earnings or million or more, or adversely and revised VFC Program will be easier and Restoration of Profits will simplify the materially affecting a sector of the more useful for potential applicants. correction in two significant ways. First, economy, productivity, competition, The greater efficiency and accessibility the revision in most cases eliminates the jobs, the environment, public health or that will result from the availability of need for multiple calculations and a safety, or State, local or tribal a model application form, the reduced comparison of the two hypothetical governments or communities (also documentation requirements, amounts representing losses based on

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actual rates and losses based on Code such that it is not possible to observe a return based on the investment section 6621 rates. Second, the relationship between the administrative alternatives involved. The Department calculation of correction amounts will cost of participation in the Program and welcomes comments on the possible be facilitated considerably by the the decision to participate. Although the economic consequences of the revised availability of the Online Calculator and degree to which perceived complexities provisions relating to the correction the factors provided under IRS Revenue in the Program have discouraged amount. Procedure 95–17. As explained in detail participation is unknown, information Paperwork Reduction Act above, the Online Calculator and IRS provided by practitioners suggests that factors will be simpler, easier to use, these changes will encourage greater The Information Collection Request and lessen the opportunity for errors. As participation. (ICR) included in the 2002 Program and noted, the Online Calculator and IRS The inclusion in the Program of new PTE 2002–51 is currently approved by factors will also facilitate calculations in covered transactions, involving certain the Office of Management and Budget connection with differences in Code loans to participants, the delinquent under control number 1210–0118. This section 6621 rates over time applicable remittance of participant loan approval is scheduled to expire on to Lost Earnings, interest on Lost repayments, and the purchases and December 31, 2006. The amendments to Earnings and interest for the Restoration sales, of illiquid assets as determined the original VFC Program described of Profits. Further, the Online Calculator under the VFC Program, along with the earlier in this preamble may be expected and IRS factors will facilitate these proposed prohibited transaction class to modify burden to some degree. calculations for transactions causing exemption also published today that However, with the exception of the large losses or resulting in large relates to the purchase and sale of change in the documentation restorations where the Code section illiquid assets, is also expected to make requirements for the delinquent 6621(c)(1) large corporate the relief available under the Program remittance of participant funds, these underpayment rate must be used. accessible to more Plan Officials and amendments do not in the Department’s Again, the Department anticipates further increase participation. This view constitute a substantive or material that this simplification will have a assumption is based on both feedback modification of the existing ICR. sizeable aggregate effect. This is because from potential applicants, and on the Accordingly, the Department has not the Online Calculator is expected to be experience of the Department in addressed changes other than those particularly useful in the correction of administering the Program. The made to Section 7.A.1.c. in a submission violations involving the delinquent Department has not ascertained a basis for the approval of a revision to the ICR remittance of participant contributions. for estimating the volume of increased in connection with these amendments, Not only is this the most common type participation that might result from or with the proposed amendments to of violation corrected to date, it is also these new covered transactions and PTE 2002–51, published separately in a violation likely to involve multiple related prohibited transaction class this issue of the Federal Register. Loss Dates, further complicating the exemption. As noted, to facilitate applicants’ use computation of correction amounts. The The Department actively monitors the of the Program, the Department has revised Program does retain flexibility use of the Program, and will continue at developed an optional model for applicants by permitting manual this time to project annual Program application form (Appendix E). calculations using the IRS factors. utilization by about 700 plans until the Potential applicants and practitioners The Department previously estimated rate of participation has become more have strongly encouraged EBSA to the average administrative cost of consistent. develop such a form to assist applicants participation at about $3,000, consisting Beyond these administrative impacts, to readily identify the Program of about 39 hours of purchased the Department has also considered the requirements, and to verify that they professional services and Plan Official potential economic impacts of have provided all of the information and time for the correction and application. eliminating the requirement for the supplementary documentation The actual cost is expected to be highly comparison of two hypothetical necessary for a valid application. Use of variable. However, if the model form, correction amounts for the calculation the form may help applicants avoid streamlined documentation, and of correction amounts. Plan Officials common errors that frequently result in simplification of correction amount were previously required to restore the processing delays or rejections. calculation together served to reduce the higher of earnings as though the Although the model form may reduce average application time by eight to ten principal had been invested burden, it follows the requirements set hours, spread over purchased appropriately under ERISA, and forth in the Program, and would not professional services and Plan Officials, earnings as though the principal had collect information not already required the average cost per applicant would be accrued interest at the rates specified in to be provided by an applicant under reduced to between $2,500 and $2,300. Code section 6621. The Department the existing Program. As such, the For the 700 plans estimated to acknowledges that the correction model application form will provide participate in the VFC Program amount under the revised Program may ready access to Program requirements annually, this would amount to an in some instances be lower than the previously set out in the text of the aggregate savings of about $400,000 to higher of the former two hypothetical Program, and increase certainty about $500,000 per year. This cost contrasts amounts. compliance with the application with fiscal year 2004 corrections in 474 In eliminating dual calculation requirements, without altering the cases restoring over $260 million. methods and offering the Online existing ICR. The Department is unable to estimate Calculator and IRS factors, the Completion and submission of the the increase in participation in the Department has attempted to strike a checklist (Appendix B) was required in Program that may result from these reasonable balance between the the original program, and is revised in revisions, largely because participation advantages of simplicity, which may only its more user-friendly format. has continued to increase substantially. include lower administrative costs and Elements of the checklist now appear on Participation roughly doubled between a greater likelihood of a timely a separate Appendix. It should be noted fiscal years 2003 and 2004. Many factors correction, and the potentially greater that the required checklist appears twice may contribute to this steady increase, precision of applying multiple rates of within the Appendices to the Program.

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While it is required to be submitted only plans, 8 hours of time of Plan Officials whether the information will have once, it is included as the separate at $68 per hour, and 5 hours of service practical utility; Appendix B for applicants who do not provider time at $83 per hour will be • Evaluate the accuracy of the choose to use the model application in required to meet information collection agency’s estimate of the burden of the Appendix E, and as the final item in the requirements. These components collection of information, including the model application for ease of use for account for 5,600 burden hours and validity of the methodology and those who do choose to use the model $290,500 in burden cost. Total burden assumptions used; application. cost includes $2 in mailing costs, for a • Enhance the quality, utility, and The Department has also modified the total of $291,900. clarity of the information to be VFC Program’s application requirements Assuming as many as one-half of collected; and by clarifying certain terms and applicants also make use of the class • Minimize the burden of the representations to be made in the exemption when using the Program and collection of information on those who application, by describing the process that all work is performed by service are to respond, including through the by which the Department when providers, an additional cost burden of use of appropriate automated, necessary may request additional $29,000 arises from developing required electronic, mechanical, or other documentation, and eliminating notices to interested persons at $83 per technological collection techniques or previously required information related hour, and mailing at first class rates for other forms of information technology, to the plan’s fidelity bond. These 10% of those notices and the notices to e.g., permitting electronic submission of modifications are also made with the Department, assuming an average of responses. intention of making the Program easier 136 participants per plan. It is assumed Comments should be sent to the and more efficient to use, but do not that the remaining notices are delivered Office of Information and Regulatory substantively or materially alter the electronically. Total cost burden for the Affairs, Office of Management and existing ICR. information collection provisions of the Budget, Room 10235, New Executive In the Department’s view, the exemption is $30,900. The total cost of Office Building, Washington, DC 20503; amendments to Section 7.A.1.c. do the information collection provisions of Attention: Desk Officer for the constitute a substantive and material the VFC Program and exemption before Employee Benefits Security change to the existing ICR because they this revision is $322,800. Administration. Although comments will substantially reduce burden. The The revision in Section 7.A.1.c is may be submitted through June 6, 2005, revision of the currently approved ICR estimated to reduce the hours and costs OMB requests that comments be pertains to documentation requirements required to comply with the Program’s received within 30 days of publication for Delinquent Participant Contributions information collection request by about of the Notice of Adoption of Amended and Delinquent Participant Loan one-half. The burden associated with and Restated Voluntary Fiduciary Repayments to Pension Plans. Revised the exemption is unchanged. Correction Program. provision 7.A.1.c. eliminates under As part of its continuing effort to specific circumstances the requirement reduce paperwork and respondent PRA Addressee: Address requests for for the applicant to provide accounting burden, the Department of Labor copies of the ICR to Gerald B. Lindrew, and payroll records to document the conducts a preclearance consultation Office of Policy and Research, U.S. date and amount of each contribution at program to provide the general public Department of Labor, Employee Benefits issue. The Plan Official is relieved from and federal agencies with an Security Administration, 200 providing the more detailed opportunity to comment on proposed Constitution Avenue, NW., Room N– documentation if restored participant and continuing collections of 5647, Washington, DC 20210. contributions and/or repayments information in accordance with the Telephone (202) 693–8410; Fax: (202) (exclusive of Lost Earnings) total Paperwork Reduction Act of 1995 (PRA 219–5333. These are not toll-free $50,000 or less, or exceed $50,000 and 95) (44 U.S.C. 3506(c)(2)(A)). This helps numbers. were remitted to the plan within 180 to ensure that requested data can be Type of Review: Revision of currently days from the date such amounts were provided in the desired format, approved collection of information. received by the employer or otherwise reporting burden (time and financial Agency: Department of Labor, payable to the participant in cash. This resources) is minimized, collection Employee Benefits Security program change is intended to reduce instruments are clearly understood, and Administration. the burden of participation in the the impact of collection requirements on Title: Voluntary Fiduciary Correction Program. respondents can be properly assessed. Program. This revision is expected to impact Currently, EBSA is soliciting OMB Number: 1210–0118. the burden of the currently approved comments concerning the revision of Affected Public: Individuals or information collection because the vast the currently approved information households; Business or other for-profit; majority of violations corrected under collection request (ICR) included in this Not-for-profit institutions. the Program involve delinquent Amended and Restated Voluntary Respondents: 700. participant contributions that totaled Fiduciary Correction Program. A copy of Frequency of Response: On occasion. $50,000 or less, or were remitted within the ICR may be obtained by contacting Responses: 5,810. 180 days. Thus a burden reduction is the PRA addressee shown below. Estimated Total Burden Hours: 1,200 expected for more than 90% of The Department has submitted a copy for existing ICR; 3,500 for revised ICR. applicants. of the revised ICR to OMB in accordance Total Annual Cost (Operating and The information collection burden of with 44 U.S.C. 3507(d) for review of its Maintenance): $66,000 for existing ICR; the VFC Program and related PTE 2002– information collections. The $177,600 for revised ICR. 51 is estimated as follows. The estimates Department and OMB are particularly Comments submitted in response to include updated assumptions for interested in comments that: this notice will be summarized and/or compensation rates and mailing costs, • Evaluate whether the proposed included in the request for OMB and an increase in the number of collection of information is necessary approval of the information collection respondents over the number currently for the proper performance of the request; they will also become a matter in OMB inventory. For each of 700 functions of the agency, including of public record.

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Regulatory Flexibility Act Program would not have federalism 1. Purchase of an Asset (Including Real Property) by a Plan from a Party in This document describes an implications because it has no substantial direct effect on the States, on Interest enforcement policy of the Department, 2. Sale of an Asset (Including Real and is not being issued as a general the relationship between the national government and the States, or on the Property) by a Plan to a Party in Interest notice of proposed rulemaking. 3. Sale and Leaseback of Real Property to Therefore, the Regulatory Flexibility Act distribution of power and Employer (5 U.S.C. 601 et seq.) (RFA) does not responsibilities among the various 4. Purchase of an Asset (Including Real apply and the Department is not levels of government. Section 514 of Property) by a Plan from a Person Who required to either certify that the rule ERISA provides, with certain exceptions is Not a Party in Interest with Respect to will not have a significant economic specifically enumerated that are not the Plan at a Price Other Than Fair impact on a substantial number of small pertinent here, that the provisions of Market Value entities, or conduct a regulatory Titles I and IV of ERISA supersede any 5. Sale of an Asset (Including Real flexibility analysis. However, EBSA and all laws of the States as they relate Property) by a Plan to a Person Who is Not a Party in Interest with Respect to considered the potential costs and to any employee benefit plan covered under ERISA. The requirements the Plan at a Price Other Than Fair benefits of this action for small plans Market Value and the Plan Officials in developing the implemented in this Program do not 6. Holding of an Illiquid Asset Previously revised Program, and believes that its alter the fundamental provisions of the Purchased by a Plan greater simplicity and accessibility will statute with respect to employee benefit E. Benefits make the Program more useful to small plans, and as such would have no 1. Payment of Benefits Without Properly employers who wish to avail themselves implications for the States or the Valuing Plan Assets on Which Payment of the relief offered. relationship or distribution of power is Based between the national government and F. Plan Expenses Congressional Review Act the States. 1. Duplicative, Excessive, or Unnecessary Compensation Paid by a Plan The VFC Program is subject to the Authority: Secretary of Labor’s Order 1– Congressional Review Act provisions of 2. Payment of Dual Compensation to a Plan 2003, 68 FR 5374 (Feb 3, 2003). ERISA Sec. Fiduciary the Small Business Regulatory 502(a)(2) and (a)(5) also issued under 29 Appendix A. Sample VFC Program No Enforcement Fairness Act of 1996 (5 U.S.C. 1132(a)(2) and (a)(5), ERISA Sec. Action Letter U.S.C. 801 et seq.) and will be 506(b) also issued under 29 U.S.C. 1136(b). transmitted to the Congress and the Appendix B. VFC Program Checklist (Required) Comptroller General for review. The Voluntary Fiduciary Correction Program Section 1. Purpose and Overview of the VFC Appendix C. List of EBSA Regional Offices Program is not a ‘‘major rule’’ as that Appendix D. Lost Earnings Example Program term is defined in 5 U.S.C 804 because Appendix E. Model Application Form Section 2. Effect of the VFC Program it is not likely to result in (1) an annual (Optional) effect on the economy of $100 million Section 3. Definitions Section 4. VFC Program Eligibility or more; (2) a major increase in costs or Section 1. Purpose and Overview of the Section 5. General Rules for Acceptable VFC Program prices for consumers, individual Corrections industries, or federal, state, or local (a) Fair Market Value Determinations The purpose of the Voluntary government agencies, or geographic (b) Correction Amount Fiduciary Correction Program (VFC regions; or (3) significant adverse effects (c) Costs of Correction Program or Program) is to protect the on competition, employment, (d) Distributions financial security of workers by investment, productivity, innovation, or (e) De Minimus Exception encouraging identification and Section 6. Application Procedures on the ability of United States-based correction of transactions that violate enterprises to compete with foreign- Section 7. Description of Eligible Part 4 of Title I of the Employee based enterprises in domestic or export Transactions and Corrections Under the Retirement Income Security Act of 1974, markets. VFC Program A. Delinquent Remittance of Participant as amended (ERISA). Part 4 of Title I of Unfunded Mandates Reform Act Funds ERISA sets out the responsibilities of Pursuant to provisions of the 1. Delinquent Participant Contributions employee benefit plan fiduciaries. Unfunded Mandates Reform Act of 1995 and Participant Loan Repayments to Section 409 of ERISA provides that a (Pub. L. 104–4), this regulatory action Pension Plans fiduciary who breaches any of these 2. Delinquent Participant Contributions to responsibilities shall be personally does not include any Federal mandate Insured Welfare Plans that may result in annual expenditures liable to make good to the plan any 3. Delinquent Participant Contributions to losses to the plan resulting from each by State, local, or tribal governments, or Welfare Plan Trusts breach and to restore to the plan any the private sector, of $100 million or B. Loans more. 1. Loan at Fair Market Interest Rate to a profits the fiduciary made through the use of the plan’s assets. Section 405 of E. Federalism Statement Party in Interest with Respect to the Plan 2. Loan at Below-Market Interest Rate to a ERISA provides that a fiduciary may be Executive Order 13132 (August 4, Party in Interest with Respect to the Plan liable, under certain circumstances, for 1999) outlines fundamental principles 3. Loan at Below-Market Interest Rate to a a co-fiduciary’s breach of his or her of federalism and requires the Person Who is Not a Party in Interest fiduciary responsibilities. In addition, adherence to specific criteria by Federal with Respect to the Plan under certain circumstances, there may agencies in the process of their 4. Loan at Below-Market Interest Rate be liability for knowing participation in formulation and implementation of Solely Due to a Delay in Perfecting the a fiduciary breach. In order to assist all policies that have substantial direct Plan’s Security Interest affected persons in understanding the C. Participant Loans effects on the States, the relationship 1. Loan Amount in Excess of Plan requirements of ERISA and meeting between the national government and Limitations their legal responsibilities, the the States, or on the distribution of 2. Loan Duration in Excess of Plan Employee Benefits Security power and responsibilities among the Limitations Administration (EBSA) is providing various levels of government. This D. Purchases, Sales and Exchanges guidance on what constitutes adequate

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correction under Title I of ERISA for the retroactive to the date that the letter was plan sponsor under circumstances to breaches described in this Program. issued by EBSA, with respect to the which no prohibited transaction transaction that was materially exemption applies. In connection with Section 2. Effect of the VFC Program misrepresented. this transaction, the purchase causes the (a) In general. EBSA generally will (4) Applicant fails to satisfy terms of plan assets to be no longer diversified, issue to the applicant a no action the VFC Program. If an application fails in violation of ERISA section letter 11 with respect to a breach to satisfy the terms of the VFC Program, 404(a)(1)(C). If the application reflects identified in the application if the as determined by EBSA, EBSA reserves full compliance with the requirements eligibility requirements of Section 4 are the right to investigate and take any of the Program, the Department’s no satisfied and a Plan Official corrects a other action with respect to the action letter would apply to the breach, as defined in Section 3, in transaction and/or plan that is the violation of ERISA section 406(a)(1)(A), accordance with the requirements of subject of the application, including but would not apply to the violation of Sections 5, 6 and 7. Pursuant to the no refusing to issue a no action letter. section 404(a)(1)(C). action letter it issues, EBSA will not (5) Criminal investigations not (d) Correction. The correction criteria initiate a civil investigation under Title precluded. Participation in the VFC listed in the VFC Program represent I of ERISA regarding the applicant’s Program will not preclude: EBSA enforcement policy with respect responsibility for any transaction (i) EBSA or any other governmental to applications under the Program and described in the no action letter, or agency from conducting a criminal are provided for informational purposes assess a civil penalty under section investigation of the transaction to the public, but are not intended to 502(l) of ERISA on the correction identified in the application; confer enforceable rights on any person amount paid to the plan or its (ii) EBSA’s assistance to such other who purports to correct a violation. participants. agency; or Applicants are advised that the term (b) Verification. EBSA reserves the (iii) EBSA making the appropriate ‘‘correction’’ as used in the VFC right to conduct an investigation at any referrals of criminal violations as Program is not necessarily the same as time to determine (1) the truthfulness required by section 506(b) of ERISA.12 ‘‘correction’’ pursuant to section 4975 of and completeness of the factual (6) Other actions not precluded. the Internal Revenue Code (Code).14 statements set forth in the application Compliance with the terms of the VFC Correction may not be achieved under and (2) that the corrective action was, in Program will not preclude EBSA from the Program by engaging in a prohibited fact, taken. taking any of the following actions: transaction that is not subject to a (c) Limits on the effect of the VFC (i) Seeking removal from positions of prohibited transaction administrative Program. (1) In general. Any no action responsibility with respect to a plan or exemption. letter issued under the VFC Program is other non-monetary injunctive relief (e) EBSA’s authority to investigate. limited to the breach and applicants against any person responsible for the EBSA reserves the right to conduct an identified therein. Moreover, the transaction at issue; investigation and take any other method of calculating the correction (ii) Referring information regarding enforcement action relating to the amount described in this Program is the transaction to the Internal Revenue transaction identified in a VFC Program only intended to correct the specific Service (IRS) as required by section application in certain circumstances, breach described in the application. 3003(c) of ERISA;13 or such as prejudice to the Department that Methods of calculating losses other (iii) Imposing civil penalties under may be caused by the expiration of the than, or in addition to, those set forth in section 502(c)(2) of ERISA based on the statute of limitations period, material the Program may be more appropriate, failure or refusal to file a timely, misrepresentations, or significant harm depending on the facts and complete and accurate annual report to the plan or its participants that is not circumstances, if the transaction Form 5500. Applicants should be aware cured by the correction provided under violates provisions of ERISA other than that amended annual report filings may the VFC Program. EBSA may also those that can be corrected under the be required if possible breaches of conduct a civil investigation and take Program. If a transaction gave rise to ERISA have been identified, or if action any other enforcement action relating to violations not specifically described in is taken to correct possible breaches in matters not covered by the VFC Program the Program, the relief afforded by the accordance with the VFC Program. application or relating to other plans Program would not extend to such (7) Not binding on others. The sponsored by the same plan sponsor, additional violations. issuance of a no action letter does not while a VFC Program application (2) No implied approval of other affect the ability of any other involving the plan or the plan sponsor matters. A no action letter does not government agency, or any other person, is pending. imply Departmental approval of matters to enforce any rights or carry out any not included therein, including steps authority they may have, with respect to 14 See section 4975(f)(5) of the Code; section that the fiduciaries take to prevent 141.4975–13 of the temporary Treasury Regulations matters described in the no action letter. and section 53.4941(e)–1(c) of the Treasury recurrence of the breach described in (8) Example. A plan fiduciary causes Regulations. The IRS has indicated that the federal the application and to ensure the plan’s the plan to purchase real estate from the tax treatment of a breach and correction under the future compliance with Title I of ERISA. VFC Program (including the federal income and employment tax consequences to participants, (3) Material misrepresentation. Any 12 Section 506(b) provides that the Secretary of beneficiaries, and plan sponsors) are determined no action letter issued under the VFC Labor shall have the responsibility and authority to under the Code and that, based on its review of the Program is conditioned on the detect and investigate and refer, where appropriate, Program, except in those instances where the truthfulness, completeness and accuracy civil and criminal violations related to the fiduciary breach or its correction involve a tax provisions of Title I of ERISA and other related of the statements made in the abuse, a correction under the VFC Program for a Federal laws, including the detection, investigation, breach that constitutes a prohibited transaction application and of any subsequent oral and appropriate referrals of related violations of under section 4975 of the Code generally will and written statements or submissions. Title 18 of the United States Code. constitute correction for purposes of section 4975 Any material misrepresentations or 13 Section 3003(c) provides that, whenever the and a correction under the VFC Program for a Secretary of Labor obtains information indicating breach that also constitutes an operational plan omissions will void the no action letter, that a party in interest or disqualified person is qualification failure generally will constitute violating section 406 of ERISA, she shall transmit correction for purposes of the IRS’s Employee Plans 11 See Appendix A. such information to the Secretary of the Treasury. Compliance Resolution Program (EPCRS).

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(f) Confidentiality. EBSA will because the investigation does not involve correction amount is the amount that maintain the confidentiality of any the plan or an act or transaction involving the must be paid to the plan as a result of documents submitted under the VFC plan. the Breach in order to make the plan Program, to the extent permitted by law. Section 4. VFC Program Eligibility whole. In most instances, the correction However, as noted in (c)(5) and (6) of amount will be a combination of the this section, EBSA has an obligation to Eligibility for the VFC Program is Principal Amount involved in the make referrals to the IRS and to refer to conditioned on the following: transaction (see subparagraph (2)), the other agencies evidence of criminality (a) Neither the plan nor the applicant Lost Earnings amount, which is earnings and other information for law is Under Investigation. that would have been earned on the (b) The application contains no enforcement purposes. Principal Amount for the period of the evidence of potential criminal violations transaction (see subparagraph (5)), and Section 3. Definitions as determined by EBSA. any interest on Lost Earnings. However, (a) The terms used in this document Section 5. General Rules for Acceptable in circumstances when the Restoration have the same meaning as provided in Corrections of Profits amount (see subparagraph (6)) section 3 of ERISA, 29 U.S.C. section exceeds the Lost Earnings amount and (a) Fair Market Value Determinations. 1002, unless separately defined herein. any interest on Lost Earnings, the Many corrections require that the (b) The following definitions apply for correction amount will be a current or fair market value of an asset purposes of the VFC Program: combination of the Principal Amount be determined as of a particular date, (1) Breach. The term ‘‘Breach’’ means and the Restoration of Profits amount. any transaction that is or may be a usually either the date the plan (2) Principal Amount. ‘‘Principal breach of the fiduciary responsibilities originally acquired the asset or the date Amount’’ is the amount that would have contained in Part 4 of Title I of ERISA. of the correction, or both. In order to be been available to the plan for (2) Plan Official. The term ‘‘Plan acceptable as part of a VFC Program investment or distribution on the date of Official’’ means a plan fiduciary, plan correction, the valuation must meet the the Breach, had the Breach not sponsor, party in interest with respect to following conditions: occurred. The Principal Amount, when (1) If there is a generally recognized a plan, or other person who is in a applicable, must be determined for each market for the property (e.g., the New position to correct a Breach. transaction by reference to Section 7 of York Stock Exchange), the fair market (3) Under Investigation. For purposes the VFC Program. Generally, the value of the asset is the average value of section 4(a), a plan or an applicant Principal Amount is the base amount on of the asset on such market on the shall be considered to be ‘‘Under which Lost Earnings and, if applicable, applicable date, unless the plan Investigation’’ if EBSA or any other Restoration of Profits is calculated. The document specifies another objectively Federal agency is conducting an Principal Amount shall also include, determined value (e.g., the closing investigation or examination of the plan, where appropriate, any transaction costs price). the applicant, or the plan sponsor in associated with entering into the (2) If there is no generally recognized connection with an act or transaction transaction that constitutes the Breach. involving the plan, or if a written or oral market for the asset, the fair market (3) Loss Date. ‘‘Loss Date’’ is the date notice of an intent to conduct such an value of that asset must be determined that the plan lost the use of the investigation or examination has been in accordance with generally accepted Principal Amount. received by the plan, a Plan Official, or appraisal standards by a qualified, (4) Recovery Date. ‘‘Recovery Date’’ is other plan representative. For purposes independent appraiser and reflected in the date that the Principal Amount is of section 4(a), a plan shall not be a written appraisal report signed by the restored to the plan. considered to be ‘‘Under Investigation’’ appraiser. (5) Lost Earnings. (A) General. ‘‘Lost merely because EBSA staff has (3) An appraiser is ‘‘qualified’’ if he or Earnings’’ is intended to approximate contacted the plan, the applicant, or the she has met the education, experience, the amount that would have been plan sponsor in connection with a and licensing requirements that are earned by the plan on the Principal participant complaint, unless the generally recognized for appraisal of the Amount, but for the Breach. For participant complaint concerns the type of asset being appraised. purposes of this Program, Lost Earnings transaction described in the application. (4) An appraiser is ‘‘independent’’ if shall be calculated in accordance with A plan also is not considered to be he or she is not one of the following, this paragraph. ‘‘Under Investigation’’ if the accountant does not own or control any of the (B) Initial Calculation. Lost earnings of the plan is undergoing a work paper following, and is not owned or shall be calculated by: (i) Determining review by EBSA’s Office of the Chief controlled by, or affiliated with, any of the applicable corporate underpayment Accountant under the authority of the following: rate(s) established under section ERISA section 504(a). (i) The prior owner of the asset, if the 6621(a)(2) of the Code 15 for each quarter asset was purchased by the plan; Example 1. On March 1 the plan sponsor (or portion thereof) for the period of a profit sharing plan received written (ii) The purchaser of the asset, if the beginning with the Loss Date and notification from an agent of the IRS that the asset was, or is now being, sold by the ending with the Recovery Date; (ii) plan has been scheduled for examination. As plan; determining, by reference to IRS of March 1, the plan is ineligible for (iii) Any other owner of the asset, if Revenue Procedure 95–17,16 the participation in the VFC Program because the the plan is not the sole owner; applicable factor(s) for such quarterly plan sponsor has received a notice from the (iv) A fiduciary of the plan; underpayment rate(s) for each quarter IRS concerning the IRS’s intent to examine (v) A party in interest with respect to the plan. the plan (except to the extent the 15 Example 2. Assume the same facts as in These underpayment rates are displayed on appraiser becomes a party in interest EBSA’s Web site and will be updated when Example 1, except that the plan sponsor necessary. received written notification from a Federal when retained to perform this appraisal for the plan); or 16 Rev. Proc. 95–17, 1995–1 C.B. 556 (Feb. 8, agency of an investigation of the company 1995). These factors, which are displayed on regarding an alleged workplace safety (vi) The VFC Program applicant. EBSA’s Web site in a tabular format, incorporate violation. The plan’s eligibility to participate (b) Correction Amount. (1) In general. daily compounding of an interest rate over a set in the VFC Program would not be affected For purposes of the VFC Program, the period of time.

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(or portion thereof) of the period the use of the Principal Amount is (C) Special Rule for Transactions beginning with the Loss Date and determinable, the Plan Official must Resulting in Large Restorations. If the ending with the Recovery Date; and (iii) calculate the Restoration of Profits amount of Restoration of Profits multiplying the Principal Amount by amount and compare it to the Lost (determined in accordance with the first applicable factor to determine Earnings amount to determine the subparagraph (6)(A)) above exceeds the amount of earnings for the first correction amount (see paragraph $100,000, the amount of any interest on quarter (or portion thereof). If the Loss (b)(1)). ‘‘Restoration of Profits’’ is a the Restoration of Profits to be paid to Date and Recovery Date are within the combination of two amounts: (i) The the plan shall be determined in same quarter, the initial calculation is amount of profit made on the use of the accordance with subparagraph (6)(B), complete. If the Recovery Date is not in Principal Amount by the fiduciary or above, substituting the applicable the same quarter as the Loss Date, the party in interest who engaged in the underpayment rates under section applicable factor for each subsequent Breach, or by a person who knowingly 6621(c)(1) of the Code in lieu of the quarter (or portion thereof) must be participated in the Breach, and (ii) if the rates under section 6621(a)(2). applied to the sum of the Principal profit is returned to the plan on a date (D) Method of Calculation. For Amount and all earnings as of the end later than the date on which the profit purposes of calculating the interest of the immediately preceding quarter (or was realized (i.e., received or amount for Restoration of Profits, portion thereof), until Lost Earnings determined), the amount of interest pursuant to subparagraphs (6)(B) and (C) have been calculated for the entire earned on such profit from the date the above, a Plan Official may either (i) use period, ending with the Recovery Date. profit was realized to the date on which the Online Calculator described in (C) Payment of Lost Earnings after the profit is paid to the plan. The Section 5(b)(7), below, or (ii) perform a Recovery Date. If Lost Earnings are not amount of such interest shall be manual calculation in accordance with paid to the plan on the Recovery Date determined in accordance with subparagraphs (B) and (C) of this along with the Principal Amount, subparagraph (B), below. paragraph (6). A Plan Official using the payment of Lost Earnings shall include If the Restoration of Profits amount Online Calculator or performing a interest on the amount of Lost Earnings exceeds Lost Earnings and interest, if manual calculation shall include as part determined in accordance with any, the Restoration of Profits amount of the VFC Program application subparagraph (5)(B), above. Such must be paid to the plan instead of Lost sufficient information to verify the interest shall be calculated in the same Earnings. correctness of the amounts to be paid to manner as Lost Earnings described in (B) Calculation of Interest. Interest the plan. subparagraph (5)(B) above, for the shall be calculated by: (i) Determining (7) Online Calculator. ‘‘Online period beginning on the Recovery Date the applicable corporate underpayment Calculator’’ is an Internet based and ending on the date the Lost rate(s) established under section compliance assistance tool provided on Earnings are paid to the plan. 6621(a)(2) of the Code for each quarter EBSA’s Web site that permits applicants (D) Special Rule for Transactions (or portion thereof) for the period to calculate the amount of Lost Causing Large Losses. If the amount of beginning with the date the profit was Earnings, any interest on Lost Earnings, Lost Earnings (determined in realized (i.e. received or determined) and the interest amount for Restoration accordance with subparagraph (5)(B)) and ending with the date on which the of Profits, if applicable, for certain and any interest added to such Lost profit is paid to the plan; (ii) transactions. The Online Calculator will Earnings (determined in accordance determining, by reference to IRS be updated as necessary. with subparagraph (5)(C)) above, exceed Revenue Procedure 95–17, the (A) Lost Earnings and Interest. To $100,000, the amount of Lost Earnings applicable factor(s) for such quarterly calculate Lost Earnings, applicants must and interest, if any, to be paid to the underpayment rate(s) for each quarter input the (1) Principal Amount, (2) Loss plan shall be determined in accordance (or portion thereof) of the period Date, and (3) Recovery Date, and if the with subparagraphs (5)(B) and (C), beginning with the date the profit was final payment will occur after the above, substituting the applicable realized and ending with the date on Recovery Date, (4) the date of such final underpayment rates under section which the profit is paid to the plan; and payment. The Online Calculator selects 17 6621(c)(1) of the Code in lieu of the (iii) multiplying the first applicable the applicable factors under Revenue rates under section 6621(a)(2). factor by the profit on the Principal Procedure 95–17 after referencing the (E) Method of Calculation. For Amount, referred to in paragraph (A)(i), underpayment rates over the relevant purposes of calculating Lost Earnings above, to determine the amount of time period. The Online Calculator then and interest, if any, a Plan Official may interest for the first quarter (or portion automatically applies the factors to either (i) use the Online Calculator thereof). If the date the profit was provide applicants with the amount of described in Section 5(b)(7), below, or realized and the date the profit is paid Lost Earnings and interest, if any, that (ii) perform a manual calculation in to the plan are within the same quarter, must be paid to the plan. accordance with subparagraphs (B) the initial calculation is complete. If the (B) Interest Amount for Restoration of through (D) of this paragraph (5). A Plan date the profit was realized is not in the Profits. To calculate the interest amount Official using the Online Calculator or same quarter as the date the profit was on the profit, applicants must input (1) performing a manual calculation shall paid to the plan, the applicable factor the amount of profit, (2) the date the include as part of the VFC Program for each subsequent quarter (or portion amount of profit was realized (i.e. application sufficient information to thereof) must be applied to the sum of received or determined), and (3) the verify the correctness of the amounts to the profit on the Principal Amount, date of payment of the Restoration of be paid to the plan. referred to in paragraph (A)(i), above, Profits amount. The Online Calculator (6) Restoration of Profits. (A) General. and all interest as of the end of the selects the applicable factors under If the Principal Amount was used for a immediately preceding quarter (or Revenue Procedure 95–17 after specific purpose such that a profit on portion thereof), until interest has been referencing the underpayment rates over 17 These underpayment rates are displayed on calculated for the entire period, ending the relevant time period. The Online EBSA’s Web site and will be updated when with the date the profit is paid to the Calculator then automatically applies necessary. plan. the factors to provide applicants with

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the interest amount on the profit that means. The costs of such efforts are part application may not be paid from plan must be paid to the plan. of the costs of correction. assets. (8) The principles of this paragraph (e) De Minimus Exception. Where (c) Contact person. Each application (b) are illustrated by example in correction under the Program requires must include the name, address and Appendix D. distributions in amounts less than $20 telephone number of a contact person. (c) Costs of Correction. (1) The to former employees, their beneficiaries The contact person must be familiar fiduciary, plan sponsor or other Plan and alternate payees, who neither have with the contents of the application, and Official, shall pay the costs of account balances with, nor have a right have authority to respond to inquiries correction, which may not be paid from to future benefits from the plan, and the from EBSA. plan assets. applicant demonstrates in its (d) Detailed narrative. The applicant must provide to EBSA a detailed (2) The costs of correction include, submission that the cost of making the narrative describing the Breach and the where appropriate, such expenses as distribution to each such individual corrective action. The narrative must closing costs, prepayment penalties, or exceeds the amount of the payment to include: sale or purchase costs associated with which such individual is entitled in (i) a list of all persons materially correcting the transaction. connection with the correction of the transaction that is the subject of the involved in the Breach and its (3) The principle of paragraph (c)(1) is application, the applicant need not correction (e.g., fiduciaries, service illustrated in the following example and make distributions to such individuals providers, borrowers); in (d) below: who would receive less than $20 each (ii) the employer identification Example: The plan fiduciaries did not as part of the correction. However, the number (EIN), plan number, and obtain a required independent appraisal in applicant must pay to the plan as a address of the plan sponsor and connection with a transaction described in whole the total of such de minimus administrator; Section 7. In connection with correcting the amounts not distributed to such (iii) the date the plan’s most recent transaction, the plan fiduciaries now propose individuals. Form 5500 was filed; to have the appraisal performed as of the date (iv) an explanation of the Breach, of purchase. The plan document permits the Example. Employer X sponsors Plan Y. including the date it occurred; plan to pay reasonable and necessary Employer X submits an application under the (v) an explanation of how the Breach expenses; the fiduciaries have objectively VFC Program to correct a failure to timely was corrected, by whom and when; forward participant contributions to Plan Y. determined that the cost of the proposed (vi) specific calculations appraisal is reasonable and is not more Employer X had paid the delinquent contributions six months late, but had not demonstrating how Principal Amount expensive than the cost of an appraisal and Lost Earnings or, if applicable, contemporaneous with the purchase. The paid lost earnings on the delinquency. The plan may therefore pay for this appraisal. correction under the VFC Program, therefore, Restoration of Profits were computed However, the plan may not pay any costs required only payment of Lost Earnings for and an explanation of why payment of associated with recalculating participant the six-month delinquency. During the six- Lost Earnings or Restoration of Profits account balances to take into account the month period 25 employees separated from was chosen to correct the Breach. new valuation. There would be no need for service and rolled over their plan accounts to (e) Supporting documentation. The these additional calculations or any individual retirement accounts. The amount applicant must also include: increased appraisal cost if the plan’s assets of lost earnings due to 20 of those former (i) copies of the relevant portions of had been valued properly at the time of the employees is less than $20, and Employer X the plan document and any other demonstrates that the cost of making the purchase. Therefore, the cost of recalculating pertinent documents (such as the the plan participants’ account balances is not distribution to those former employees is $27 per individual. Employer X need not make adoption agreement, trust agreement, or a reasonable plan expense, but is part of the insurance contract); 18 costs of correction. distributions to those 20 former employees. However, the total amount of distributions (ii) documentation that supports the (d) Distributions. Plans will have to that would have been due to those former narrative description of the transaction make supplemental distributions to employees must be paid to Plan Y. The and its correction; former employees, beneficiaries payment to Plan Y may be used for any (iii) documentation establishing the receiving benefits, or alternate payees, if purpose that payments or credits to Plan Y Lost Earnings amount; the original distributions were too low that are not allocated directly to participant (iv) documentation establishing the because of the Breach. In these accounts are used. Employer X must make amount of Restoration of Profits, if distributions to the five former employees situations, the Plan Official or plan applicable; who are entitled to receive distributions of (v) all documents described in Section administrator must determine who more than $20. received distributions from the plan 7 with respect to the transaction during the time period affected by the Section 6. Application Procedures involved; and Breach, recalculate the account (a) In general. Each application must (vi) proof of payment of Principal balances, and determine the amount of adhere to the requirements set forth Amount and Lost Earnings or the underpayment to each affected below. Failure to do so may render the Restoration of Profits. individual. The applicant must application invalid. (f) Examples of supporting demonstrate proof of payment to (b) Preparer. The application must be documentation. (i) Examples of participants and beneficiaries whose prepared by a Plan Official or his or her documentation supporting the current location is known to the plan authorized representative (e.g., attorney, description of the transaction and and/or applicant. For individuals whose accountant, or other service provider). If correction are leases, appraisals, notes location is unknown, applicants must a representative of the Plan Official is and loan documents, service provider demonstrate that they have segregated submitting the application, the contracts, invoices, settlement adequate funds to pay the missing application must include a statement documents, deeds, perfected security individuals and that the applicant has signed by the Plan Official that the interests, and amended annual reports. commenced the process of locating the representative is authorized to represent 18 Applicants must supply complete copies of the missing individuals using either the IRS the Plan Official. Any fees paid to such plan documents and other pertinent documents if and Social Security Administration representative for services relating to the requested by EBSA during its review of the locator services, or other comparable preparation and submission of the application.

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(ii) Examples of acceptable proof of Section 7. Description of Eligible 29 CFR 2510.3–102.19 Any penalties, payment include copies of canceled Transactions and Corrections Under late fees or other charges shall be paid checks, executed wire transfers, a the VFC Program by the employer and not from participant loan repayments. signed, dated receipt from the recipient EBSA has identified certain Breaches of funds transferred to the plan (such as (2) Late Contributions or Participant and methods of correction that are Loan Repayments. If participant a financial institution), and bank suitable for the VFC Program. Any Plan statements for the plan’s account. contributions or loan repayments were Official may correct a Breach listed in remitted to the plan outside of the time (g) Penalty of Perjury Statement. Each this Section in accordance with Section periods described above, the only application must include the following 5 and the applicable correction method. correction required is to pay to the plan statement: ‘‘Under penalties of perjury I The correction methods set forth are the greater of (i) Lost Earnings or (ii) certify that I am not Under Investigation strictly construed and are the only Restoration of Profits resulting from the (as defined in Section 3(b)(3)) and that acceptable correction methods under employer’s use of the Principal Amount I have reviewed this application, the VFC Program for the transactions as described in Section 5(b). Any including all supporting documentation, described in this Section. EBSA will not penalties, late fees or other charges shall and to the best of my knowledge and accept applications concerning be paid by the employer and not from belief the contents are true, correct, and correction of breaches not described in participant loan repayments. complete.’’ The statement must be this Section. (3) For this transaction, the Principal signed and dated by a plan fiduciary A. Delinquent Remittance of Participant Amount is the amount of delinquent with knowledge of the transaction that Funds participant contributions or loan repayments retained by the employer. is the subject of the application and the 1. Delinquent Participant Contributions authorized representative of the (4) Example. The principles of this and Participant Loan Repayments to paragraph (b) are illustrated by example applicant, if any. In addition, each Plan Pension Plans Official applying under the VFC in Appendix D. Program must sign and date the Penalty (a) Description of Transaction. An (c) Documentation. In addition to the of Perjury statement. The statement employer receives directly from documentation required by Section 6, must accompany the application and participants, or withholds from submit the following documents: any subsequent additions to the employees’ paychecks, certain amounts (1) A statement from a Plan Official application. Use of the Penalty of for either contribution to a pension plan identifying the earliest date on which or for repayment of participants’ plan Perjury Statement included with the the participant contributions and/or loans. Instead of forwarding participant repayments reasonably could have been Model Application Form in Appendix E contributions for investment in segregated from the employer’s general will satisfy the requirements of this accordance with the provisions of the assets, along with the supporting Section 6(g). plan and by reference to the principles documentation on which the Plan (h) Checklist. The checklist in of the Department’s regulation at 29 CFR Official relied in reaching this Appendix B must be completed, signed, 2510.3–102, the employer retains such conclusion; and submitted with the application. Use contributions for a longer period of (2) If restored participant of the checklist included with the time. Similarly, in the case of contributions and/or repayments Model Application Form in Appendix E participant loan repayments, instead of (exclusive of Lost Earnings) (A) total also will satisfy the requirements of this applying such repayments to $50,000 or less; or (B) exceed $50,000 Section 6(h). outstanding loan balances within a and were remitted to the plan within reasonable period of time determined by 180 calendar days from the date such (i) Where to apply. The application reference to the guiding principles of 29 amounts were received by the employer, shall be mailed to the appropriate CFR 2510.3–102 and in accordance with or the date such amounts otherwise regional EBSA office listed in Appendix the provisions of the plan, the employer would have been payable to the C. retains such repayments for a longer participants in cash (regarding amounts (j) Submission of Additional period of time. withheld by an employer from Documentation. If EBSA determines (b) Correction of Transaction. (1) employees’ paychecks), submit: that required information is missing Unpaid Contributions or Participant (i) A narrative describing the from the application or that additional Loan Repayments. Pay to the plan the applicant’s contribution and/or documentation is needed to complete Principal Amount plus the greater of (i) repayment remittance practices before EBSA’s review, EBSA will request such Lost Earnings on the Principal Amount and after the period of unpaid or late documentation in writing from the or (ii) Restoration of Profits resulting contributions and/or repayments; and applicant or authorized representative. from the employer’s use of the Principal (ii) Summary documents If EBSA does not receive the requested Amount, as described in Section 5(b). demonstrating the amount of unpaid or late contributions and/or repayments; documentation within a time period The Loss Date for such contributions is and specified in writing by the EBSA the date on which each contribution reasonably could have been segregated (3) If restored participant reviewer, EBSA may suspend its review contributions and/or repayments of the application and consider from the employer’s general assets. In no event shall the Loss Date for such (exclusive of Lost Earnings) exceed appropriate action. EBSA will notify the $50,000 and were remitted more than applicant or authorized representative contributions be later than the applicable maximum time period in writing regarding such suspension. 19 described in 29 CFR 2510.3–102. The Although the maximum time periods described (k) Record keeping. The applicant in 29 CFR 2510.3–102 are not directly applicable to Loss Date for such repayments is the participant loan repayments, retaining repayments must maintain copies of the application date on which each repayment beyond such periods raises a question as to whether and any subsequent correspondence reasonably could have been segregated the employer forwarded repayments to the plan as with EBSA for the period required by soon as they could reasonably be segregated from from the employer’s general assets the employer’s general assets. See Advisory section 107 of ERISA. consistent with the guiding principles of Opinion 2002–02A (May 17, 2002).

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180 calendar days after the date such (1) For participant contributions (2) Late Contributions. If participant amounts were received by the employer, received directly from participants, a contributions were remitted to the trust or the date such amounts otherwise copy of the accounting records which outside of the time period required by would have been payable to the identify the date and amount of each the regulation, the only correction participants in cash (regarding amounts contribution received; required is to pay to the trust the greater withheld by an employer from (2) For participant contributions of (i) Lost Earnings or (ii) Restoration of employees’ paychecks), submit: withheld from employees’ paychecks, a Profits resulting from the employer’s use (i) A narrative describing the copy of the payroll documents showing of the Principal Amount as described in applicant’s contribution and/or the date and amount of each Section 5(b). Any penalties, late fees or repayment remittance practices before withholding; other such charges shall be paid by the and after the period of unpaid or late (3) A statement from a Plan Official employer and not from participant contributions and/or repayments; identifying the earliest date on which contributions. (ii) For participant contributions and/ the participant contributions reasonably (3) For this transaction, the Principal or repayments received from could have been segregated from the Amount is the amount of delinquent participants, a copy of the accounting employer’s general assets, along with participant contributions retained by the records which identify the date and the supporting documentation on which employer. amount of each contribution received; the Plan Official relied in reaching this (c) Documentation. In addition to the and conclusion; documentation required by Section 6, (4) Copies of the insurance contract or (iii) For participant contributions and/ submit the following documents: contracts for the group health or other or repayments withheld from (1) For participant contributions welfare benefits for the plan; employees’ paychecks, a copy of the received directly from participants, a (5) A statement from a Plan Official copy of the accounting records which payroll documents showing the date attesting that there are no instances in and amount of each withholding. identify the date and amount of each which claims have been denied under contribution received; 2. Delinquent Participant Contributions the plan for nonpayment, nor has there (2) For participant contributions to Insured Welfare Plans been any lapse in coverage; and withheld from employees’ paychecks, a (6) A statement from a Plan Official (a) Description of Transaction. copy of the payroll documents showing attesting that any penalties, late fees or the date and amount of each Benefits are provided exclusively other such charges have been paid by through insurance contracts issued by withholding; the employer and not from participant (3) A statement from a Plan Official an insurance company or similar contributions. organization qualified to do business in identifying the earliest date on which any state or through a health 3. Delinquent Participant Contributions the participant contributions reasonably maintenance organization (HMO) to Welfare Plan Trusts could have been segregated from the defined in section 1310(c) of the Public (a) Description of Transaction. An employer’s general assets, along with Health Service Act, 42 U.S.C. 300e–9(c). employer receives directly from the supporting documentation on which An employer receives directly from participants or withholds from the Plan Official relied in reaching this participants or withholds from employees’ paychecks certain amounts conclusion; and employees’ paychecks certain amounts that the employer forwards to a trust (4) A statement from a Plan Official that the employer forwards to an maintained to provide, through attesting that there are no instances in insurance provider for the purpose of insurance or otherwise, group health or which claims have been denied under providing group health or other welfare other welfare benefits. The employer the plan for nonpayment, nor has there benefits. The employer fails to forward fails to forward such amounts in been any lapse in coverage. such amounts in accordance with the accordance with the terms of the plan or B. Loans terms of the plan (including the the requirements of the Department’s provisions of any insurance contract) or regulation at 29 CFR 2510.3–102. There 1. Loan at Fair Market Interest Rate to the requirements of the Department’s are no instances in which claims have a Party in Interest With Respect to the regulation at 29 CFR 2510.3–102. There been denied under the plan, nor has Plan are no instances in which claims have there been any lapse in coverage, due to (a) Description of Transaction. A plan been denied under the plan, nor has the failure to transmit participant made a loan to a party in interest at an there been any lapse in coverage, due to contributions on a timely basis. interest rate no less than that for loans the failure to transmit participant (b) Correction of Transaction. (1) with similar terms (for example, the contributions on a timely basis. Unpaid Contributions. Pay to the trust amount of the loan, amount and type of (b) Correction of Transaction. (1) Pay (1) the Principal Amount, and, where security, repayment schedule, and to the insurance provider or HMO the applicable, any penalties, late fees or duration of loan) to a borrower of Principal Amount, as well as any other charges necessary to prevent a similar creditworthiness. The loan was penalties, late fees or other charges lapse in coverage due to the failure to not exempt from the prohibited necessary to prevent a lapse in coverage make timely payments, and (2) the transaction provisions of Title I of due to such failure. Any penalties, late greater of (i) Lost Earnings on the ERISA. fees or other such charges shall be paid Principal Amount or (ii) Restoration of (b) Correction of Transaction. Pay off by the employer and not from Profits resulting from the employer’s use the loan in full, including any participant contributions. of the Principal Amount as described in prepayment penalties. An independent (2) For this transaction, the Principal Section 5(b). The Loss Date for such commercial lender must also confirm in Amount is the amount of delinquent contributions is the date on which each writing that the loan was made at a fair participant contributions retained by the contribution would become plan assets market interest rate for a loan with employer. under 29 CFR 2510.3–102. Any similar terms to a borrower of similar (c) Documentation. In addition to the penalties, late fees or other charges shall creditworthiness. documentation required by Section 6, be paid by the employer and not from (c) Documentation. In addition to the submit the following documents: participant contributions. documentation required by Section 6,

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submit a narrative describing the (3) A copy of the independent remaining payments on the loan between the process used to determine the fair fiduciary’s dated, written approval of 7% and the 4% for the duration of the time market interest rate at the time the loan the fair market interest rate the plan is owed repayments on the loan. was made, validated in writing by an determination(s). (c) Documentation. In addition to the independent commercial lender. documentation required by Section 6, 3. Loan at Below-Market Interest Rate to submit the following documents: 2. Loan at Below-Market Interest Rate to a Person Who Is Not a Party in Interest (1) A narrative describing the process a Party in Interest With Respect to the With Respect to the Plan used to determine the fair market Plan (a) Description of Transaction. A plan interest rate at the time the loan was (a) Description of Transaction. A plan made a loan to a person who is not a made; and (2) A copy of the independent made a loan to a party in interest with party in interest with respect to the plan commercial lender’s fair market interest respect to the plan at an interest rate at an interest rate which, at the time the rate determination(s). which, at the time the loan was made, loan was made, was less than the fair was less than the fair market interest market interest rate for loans with 4. Loan at Below-Market Interest Rate rate for loans with similar terms (for similar terms (for example, the amount Solely Due to a Delay in Perfecting the example, the amount of loan, amount of loan, amount and type of security, Plan’s Security Interest repayment schedule, and duration of the and type of security, repayment (a) Description of Transaction. For loan) to a borrower of similar schedule, and duration of the loan) to a purposes of the VFC Program, if a plan borrower of similar creditworthiness. creditworthiness. (b) Correction of Transaction. (1) Pay made a purportedly secured loan to a The loan was not exempt from the person who is not a party in interest prohibited transaction provisions of to the plan the Principal Amount, plus Lost Earnings through the Recovery with respect to the plan, but there was Title I of ERISA. a delay in recording or otherwise (b) Correction of Transaction. Pay off Date, as described in Section 5(b). (2) For purposes of this transaction, perfecting the plan’s interest in the loan the loan in full, including any each loan payment has a Principal collateral, the loan will be treated as an prepayment penalties. (1) Pay to the Amount equal to the excess of the loan unsecured loan until the plan’s security plan the Principal Amount, plus the payment that would have been received interest was perfected. greater of (i) the Lost Earnings as if the loan had been made at the fair (b) Correction of Transaction. (1) Pay described in Section 5(b), or (ii) the market interest rate (from the beginning to the plan the Principal Amount, plus Restoration of Profits, if any, as of the loan until the Recovery Date) over Lost Earnings as described in Section described in Section 5(b). the loan payment actually received 5(b), through the date the loan became (2) For purposes of this transaction, under the loan terms during such fully secured. each loan payment has a Principal period. Under the VFC Program, the fair (2) For purposes of this transaction, Amount equal to the excess of the loan market interest rate must be determined each loan payment has a Principal payment that would have been received by an independent commercial lender. Amount equal to the excess of the loan if the loan had been made at the fair (3) From the inception of the loan to payment that would have been received market interest rate (from the beginning the Recovery Date, the amount to be if the loan had been made at the fair of the loan until the Recovery Date) over paid to the plan is the Lost Earnings on market interest rate for an unsecured the loan payment actually received the series of Principal Amounts, loan (from the beginning of the loan under the loan terms during such calculated in accordance with Section until the Recovery Date) over the loan period. Under the VFC Program, the fair 5(b). payment actually received under the market interest rate must be determined (4) From the Recovery Date to the loan terms during such period. Under by an independent commercial lender. maturity date of the loan, the amount to the VFC Program, the fair market Example: The plan made to a party in be paid to the plan is the present value interest rate must be determined by an interest a $150,000 mortgage loan, secured by of the remaining Principal Amounts, as independent commercial lender. a first Deed of Trust, at a fixed interest rate determined by an independent (3) In addition, if the delay in of 4% per annum. The loan was to be fully commercial lender. Instead of perfecting the loan’s security caused a amortized over 30 years. The fair market calculating the present value, it is permanent change in the risk interest rate for comparable loans, at the time acceptable for administrative characteristics of the loan, the fair this loan was made, was 7% per annum. The market interest rate for the remaining party in interest or Plan Official must repay convenience to pay the sum of the remaining Principal Amounts. term of the loan must be determined by the loan in full plus any applicable an independent commercial lender. In prepayment penalties. The party in interest (5) The principles of this paragraph or Plan Official also must pay the difference (b) are illustrated in the following that case, the correction amount between what the plan would have received example: includes an additional payment to the through the Recovery Date had the loan been plan. The amount to be paid to the plan Example: The plan made a $150,000 is the present value of the remaining made at 7% and what, in fact, the plan did mortgage loan, secured by a first Deed of receive from the commencement of the loan Trust, at a fixed interest rate of 4% per Principal Amounts from the date the to the Recovery Date, plus Lost Earnings on annum. The loan was to be fully amortized loan is fully secured to the maturity date that amount as described in Section 5(b). over 30 years. The fair market interest rate for of the loan. Instead of calculating the (c) Documentation. In addition to the comparable loans, at the time this loan was present value, it is acceptable for documentation required by Section 6, made, was 7% per annum. The borrower or administrative convenience to pay the submit the following documents: the Plan Official must pay the excess of what sum of the remaining Principal (1) A narrative describing the process the plan would have received through the Amounts. used to determine the fair market Recovery Date had the loan been made at 7% (4) The principles of this paragraph interest rate at the time the loan was over what, in fact, the plan did receive from (b) are illustrated in the following the commencement of the loan to the made; Recovery Date, plus Lost Earnings on that examples: (2) A copy of the independent amount as described in Section 5(b). The Example 1: The plan made a mortgage commercial lender’s fair market interest Plan Official must also pay on the Recovery loan, which was supposed to be secured by rate determination(s); and Date the difference in the value of the a Deed of Trust. The plan’s Deed was not

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recorded for six months, but, when it was Date. The Loss Date is the date of loan 2. Loan Duration in Excess of Plan recorded, the Deed was in first position. The origination. Limitations interest rate on the loan was the fair market (2) The principles of this paragraph interest rate for a mortgage loan secured by (b) are illustrated in the following (a) Description of Transaction. A plan a first-position Deed of Trust. The loan is example: extended a loan to a plan participant treated as an unsecured, below-market loan who is a party in interest with respect for the six months prior to the recording of Example. On January 1, 2004, Participant to the plan based solely on his or her the Deed of Trust. A receives a $15,000 loan pursuant to the status as an employee of any employer Example 2: Assume the same facts as in loan provisions of Plan X, which incorporate Example 1, except that, as a result of the the requirements of section 72(p) of the Code. whose employees are covered by the delay in recording the Deed, the plan ended Participant A is an employee of Company Y, plan, as defined in section 3(14)(H) of up in second position behind another lender. the plan sponsor. Participant A is not a party ERISA. The duration of the loan The risk to the plan is higher and the interest in interest with respect to Plan X for any exceeded the maximum repayment term rate on the note is no longer commensurate reason other than his employment with permitted under applicable plan with that risk. The loan is treated as a below- Company Y. The terms of the loan include provisions incorporating the market loan (based on the lack of security) for a five-year repayment in equal monthly requirements of section 72(p) of the the six months prior to the recording of the installments of principal and interest at a Code. The loan was a prohibited Deed of Trust and as a below-market loan then current market interest rate of 4.625%. transaction that failed to qualify for (based on secondary status security) from the Amortized monthly payments for Participant time the Deed is recorded until the end of the A are determined to be $280. However, in ERISA’s statutory exemption for plan loan. accordance with Plan X limitations on the loan programs because the duration of the loan exceeded the maximum (c) Documentation. In addition to the amount of participant loans and Participant A’s account balance as of January 1, 2004, repayment term permitted under documentation required by Section 6, Participant A should not have received a loan applicable plan provisions. submit the following documents: in excess of $10,000. The loan otherwise (b) Correction of Transaction. (1) Plan (1) A narrative describing the process complies with Plan X’s loan provisions. used to determine the fair market Officials must reform the duration of the In late 2004, a Plan Official discovers that loan term so that repayment of the interest rate for the period that the loan the amount of Participant A’s loan exceeded was unsecured and, if applicable, for the applicable plan limitations. On January 1, outstanding loan will be completed by remaining term of the loan; and 2005, the Recovery Date, Participant A’s the date that complies with the (2) A copy of the independent outstanding loan balance is $12,270. maximum repayment term permitted commercial lender’s fair market interest Participant A repays $5,000 to Plan X, the under applicable plan provisions. The rate determination(s). amount by which his loan exceeded duration of the reformulated loan must applicable plan limitations on January 1, be no longer than the maximum C. Participant Loans 2004. Plan Officials reform Participant A’s permissible term under applicable plan loan on January 1, 2005 based on the 1. Loan Amount in Excess of Plan provisions, measured from the date of outstanding principal balance of $7,270, to be loan origination to the date of Limitations paid back in equal monthly installments of principal and interest at the original loan rate correction. In reformulating the loan, (a) Description of Transaction. A plan Plan Officials must make the necessary extended a loan to a plan participant of 4.625%. Appropriate adjustments are made to the monthly repayment amount, adjustments to the monthly repayment who is a party in interest with respect which will be $166 over the 4-year period amount so that the remaining to the plan based solely on his or her remaining on the loan’s original 5-year term. outstanding principal balance is status as an employee of any employer The reformed loan otherwise will comply amortized over such duration and also whose employees are covered by the with the terms of the original loan. enforce all other terms of the original plan, as defined in section 3(14)(H) of (c) Documentation. In addition to the loan agreement. If the period of time ERISA. The amount of the loan documentation required by Section 6, elapsed between the date of loan exceeded the amount permitted under submit the following documents: origination and the date Plan Officials applicable plan provisions (1) For each plan loan originated in discover the error equals or exceeds the incorporating the requirements of violation of applicable plan limits, the maximum permissible term permitted section 72(p) of the Code. The loan was date, amount, duration, interest rate and under applicable plan provisions, then a prohibited transaction that failed to repayment schedule applicable to each this correction is unavailable. qualify for ERISA’s statutory exemption plan loan and the amount of each (2) The principles of this paragraph for plan loan programs because the loan participant’s nonforfeitable accrued (b) are illustrated in the following amount exceeded the amount permitted benefit on such date; example: under applicable plan provisions. (2) Date and amount of excess loan (b) Correction of Transaction. (1) The Example. On January 1, 2004, Participant repaid by each participant prior to A receives a general purpose $10,000 loan participant must pay the Principal reformulation; Amount to the plan. Plan Officials must pursuant to the loan provisions of Plan X, (3) Date, amount and repayment which incorporate the requirements of reform the outstanding loan amount that schedule of each reformulated plan loan section 72(p) of the Code. Participant A is an was not in excess of the applicable plan being maintained as an ongoing plan employee of Company Y, the plan sponsor. loan limit at origination (the date of loan; Participant A is not a party in interest with Breach) into an ongoing plan loan. In (4) Date and amount of payments respect to Plan X for any reason other than reformulating the loan, Plan Officials made by the participant with respect to his employment with Company Y. The terms must make the necessary adjustments to the original plan loan; of the loan include a ten-year repayment in the monthly repayment amount so that (5) A copy of the plan’s loan equal monthly installments of principal and the remaining outstanding principal provisions; and interest at a then current market interest rate balance is amortized over the remaining (6) An explanation of any of 4.75%. Amortized monthly payments for Participant A are determined to be $105. duration of the original loan and also administrative practices or procedures However, in accordance with Plan X enforce all other terms of the original with respect to plan loans and any limitations on the repayment term for general loan agreement. The Principal Amount changes to such practices or procedures purpose participant loans, Participant A is the loan amount in excess of the designed to prevent this type of Breach should not have received a loan with a applicable plan loan limit on the Loss from recurring. duration longer than five years. The loan

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otherwise complies with Plan X’s loan (2) For this transaction, the Principal which it sold the property or the FMV provisions. Amount is the plan’s original purchase of the property as of the Recovery Date In late 2004, a Plan Official discovers that price. plus restoration to the plan of the party the duration of Participant A’s loan exceeded (3) The principles of this paragraph in interest’s net profits from owning the applicable plan limitations. Plan Officials (b) are illustrated in the following reform Participant A’s loan on January 1, property, to the extent they exceed the 2005, the date of correction, based on the example: plan’s investment return from the outstanding principal balance of $9,200, to be Example: A plan purchased from the plan proceeds of the sale. The determination paid back in equal monthly installments of sponsor a parcel of real property. The plan as to which correction alternative the principal and interest at the original loan rate does not lease the property to any person. plan chooses must be made by an of 4.75%. Appropriate adjustments are made Instead, the plan uses the property as an independent fiduciary. to the monthly repayment amount, which office. The Plan Official obtains from a (2) For this transaction, the Principal will be $211 over the remaining four-year qualified, independent appraiser an appraisal Amount is the amount by which the of the property reflecting the FMV of the repayment term that begins on the date of FMV of the asset (at the time of the correction. The reformed loan otherwise will property at the time of purchase. The comply with the terms of the original loan. appraiser values the property at $100,000, original sale) exceeds the sale price. although the plan paid the plan sponsor (3) The principles of this paragraph (c) Documentation. In addition to the $120,000 for the property. As of the Recovery (b) are illustrated in the following documentation required by Section 6, Date, the property is valued at $110,000. To example: submit the following documents: correct the transaction, the plan sponsor Example: A plan sold a parcel of (1) For each plan loan originated with repurchases the property for $120,000 with no reduction for the costs of sale and unimproved real property to the plan a duration exceeding applicable plan sponsor. The sponsor did not make any profit limits, the date, amount, duration, reimburses the plan for the initial costs of sale. The plan sponsor also must pay the plan on the use of the property. The Plan Official interest rate, and repayment schedule the greater of the plan’s Lost Earnings or the obtains from a qualified, independent applicable to each plan loan; sponsor’s profits on this amount. This appraiser an appraisal of the property (2) Date, amount, duration, interest example assumes that the plan sponsor did reflecting the FMV of the property as of the rate, and repayment schedule of each not make a profit on the $120,000 proceeds date of sale. The appraiser valued the reformulated plan loan being from the original sale of the property to the property at $130,000, although the plan sold maintained as an ongoing plan loan plan. the property to the plan sponsor for $120,000. However, the plan fiduciaries have from the date of correction; (c) Documentation. In addition to the reason to believe that the property will (3) Date and amount of payments documentation required by Section 6, substantially increase IN VALUE in the near made by the participant with respect to submit the following documents: future based on the anticipated building of a the original plan loan; (1) Documentation of the plan’s shopping mall adjacent to the property in (4) A copy of the plan’s loan purchase of the real property, including question and, as of the Recovery Date, the provisions; and the date of the purchase, the plan’s appraiser values the property at $140,000. An (5) An explanation of any purchase price, and the identity of the independent fiduciary determines that the administrative practices or procedures seller; property is a prudent investment for the plan, with respect to plan loans and any (2) A narrative describing the and will not result in any liquidity or relationship between the original seller diversification problems. The plan corrects changes to such practices or procedures by repurchasing the property at the original designed to prevent this type of Breach of the asset and the plan; and (3) The qualified, independent sale price, with the party in interest assuming from recurring. the costs of the reversal of the sale appraiser’s report addressing the FMV transaction. D. Purchases, Sales and Exchanges of the asset purchased by the plan, both (c) Documentation. In addition to the 1. Purchase of an Asset (Including Real at the time of the original purchase and documentation required by Section 6, Property) by a Plan From a Party in at the recovery date. submit the following documents: Interest 2. Sale of an Asset (Including Real (1) Documentation of the plan’s sale (a) Description of Transaction. A plan Property) by a Plan to a Party in Interest of the asset, including the date of the purchased an asset with cash from a (a) Description of Transaction. A plan sale, the sales price, and the identity of party in interest with respect to the sold an asset for cash to a party in the original purchaser; plan, and under the circumstances, no interest with respect to the plan, in a (2) A narrative describing the prohibited transaction exemption transaction that is not exempt from the relationship of the purchaser to the asset applies. prohibited transaction provisions of and the relationship of the purchaser to (b) Correction of Transaction. (1) The Title I of ERISA. the plan; transaction must be corrected by the (b) Correction of Transaction. (1) The (3) The qualified, independent sale of the asset back to the party in plan must receive the Principal Amount appraiser’s report addressing the FMV interest who originally sold the asset to plus the greater of (i) Lost Earnings as of the property at the time of the sale the plan or to a person who is not a described in Section 5(b), or (ii) the from the plan and as of the Recovery party in interest. Whether the asset is Restoration of Profits, if any, as Date; and sold to a person who is not a party in described in Section 5(b). As an (4) The independent fiduciary’s report interest with respect to the plan or is alternative to repayment of the Principal that the property is a prudent sold back to the original seller, the plan Amount, if it is determined that the plan investment for the plan. must receive the higher of (i) the fair will realize a greater benefit by market value (FMV) of the asset at the repurchasing the asset, the plan may 3. Sale and Leaseback of Real Property time of resale, without a reduction for repurchase the asset from the party in to Employer the costs of sale; or (ii) the Principal interest 20 at the lower of the price for (a) Description of Transaction. The Amount, plus the greater of (A) Lost plan sponsor sold a parcel of real Earnings on the Principal Amount as 20 The repurchase of the same property from the property to the plan, which then was party in interest to whom the asset was sold is a described in Section 5(b), or (B) the reversal of the original prohibited transaction. The leased back to the sponsor, in a Restoration of Profits, if any, as sale is not a new prohibited transaction and transaction that is not otherwise described in Section 5(b). therefore does not require an exemption. exempt.

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(b) Correction of Transaction. (1) The (1) Documentation of the plan’s 5. Sale of an Asset (Including Real transaction must be corrected by the purchase of the real property, including Property) by a Plan to a Person Who Is sale of the parcel of real property back the date of the purchase, the plan’s Not a Party in Interest With Respect to to the plan sponsor or to a person who purchase price, and the identity of the the Plan at a Price Less Than Fair is not a party in interest with respect to original seller; Market Value 21 the plan. The plan must receive the (2) Documentation of the plan’s sale (a) Description of Transaction. A plan higher of (i) FMV of the asset at the time of the asset, including the date of sale, sold an asset to a person who is not a of resale, without a reduction for the the sales price, and the identity of the party in interest with respect to the costs of sale; or (ii) the Principal purchaser; plan, without determining the asset’s Amount, plus the greater of (A) Lost FMV. As a result, the plan received less Earnings on the Principal Amount as (3) A narrative describing the relationship of the original seller to the than it should have from the sale. described in Section 5(b), or (B) the (b) Correction of Transaction. The Restoration of Profits, if any, as plan and the relationship of the Principal Amount is the amount by described in Section 5(b). purchaser to the plan; which the FMV of the asset as of the (2) For purposes of this transaction, (4) A copy of the lease; Recovery Date exceeds the price at the Principal Amount is the plan’s (5) Documentation of the date and original purchase price. which the plan sold the property. The amount of each lease payment received plan must receive the Principal Amount (3) If the plan has not been receiving by the plan; and rent at FMV, as determined by a plus Lost Earnings as described in qualified, independent appraisal, the (6) The qualified, independent Section 5(b). sale price of the real property should appraiser’s report addressing both the (1) The principles of this paragraph not be based on the historic below- FMV of the property at the time of the (b) are illustrated in the following market rent that was paid to the plan. original sale and at the Recovery Date, example: (4) In addition to the correction and the FMV of the lease payments. Example: A plan sold unimproved land amount in subparagraph (1), if the plan 4. Purchase of an Asset (Including Real without taking steps to ensure that the plan was not receiving rent at FMV, as Property) by a Plan From a Person Who received FMV. Upon discovering that the sale determined by a qualified, independent price was $10,000 less than the FMV, the Is Not a Party in Interest With Respect Plan Official pays the plan the Principal appraiser, the Principal Amount also to the Plan at a Price Other Than Fair includes the difference between the rent Amount of $10,000 plus Lost Earnings as Market Value described in Section 5(b). actually paid and the rent that should have been paid at FMV. The plan (a) Description of Transaction. A plan (c) Documentation. In addition to the sponsor must pay to the plan this acquired an asset from a person who is documentation required by Section 6, additional Principal Amount, plus the not a party in interest with respect to submit the following documents: greater of (i) Lost Earnings or (ii) the plan, without determining the (1) Documentation of the plan’s Restoration of Profits resulting from the asset’s FMV. As a result, the plan paid original sale of the asset, including the plan sponsor’s use of the Principal more than it should have for the asset. date of the sale, the sale price, and the Amount, as described in Section 5(b). (b) Correction of Transaction. The identity of the buyer; (5) The principles of this paragraph Principal Amount is the difference (2) A narrative describing the (b) are illustrated in the following between the actual purchase price and relationship of the buyer to the plan; example: the asset’s FMV at the time of purchase. and (3) A copy of the qualified, Example: The plan purchased at FMV from The plan must receive the Principal independent appraiser’s report the plan sponsor an office building that Amount plus the Lost Earnings, as addressing the FMV at the time of the served as the sponsor’s primary business site. described in Section 5(b). Simultaneously, the plan sponsor leased the plan’s sale. building from the plan at below the market (1) The principles of this paragraph rental rate. The Plan Official obtains from a (b) are illustrated in the following 6. Holding of an Illiquid Asset qualified, independent appraiser an appraisal example: Previously Purchased by a Plan of the property reflecting the FMV of the (a) Description of Transaction. A plan property and rent. To correct the transaction, Example: A plan bought unimproved land the plan sponsor purchases the property from without obtaining a qualified, independent is holding an asset previously the plan at the higher of the appraised value appraisal. Upon discovering that the purchased from (i) a party in interest at the time of the resale or the original sales purchase price was $10,000 more than the with respect to the plan at no greater price and also pays the Lost Earnings. appraised FMV, the Plan Official pays the than fair market value at that time in an Because the rent paid to the plan was below plan the Principal Amount of $10,000, plus acquisition to which no prohibited the market rate, the sponsor must also make Lost Earnings as described in Section 5(b). transaction exemption applied, (ii) a up the difference between the rent paid person who was not a party in interest under the terms of the lease and the amount (c) Documentation. In addition to the that should have been paid, plus Lost documentation required by Section 6, with respect to the plan in an Earnings on this amount, as described in submit the following documents: acquisition in which a plan fiduciary failed to appropriately discharge his or Section 5(b). (1) Documentation of the plan’s her fiduciary duties, or (iii) a person (c) Documentation. In addition to the original purchase of the asset, including who was not a party in interest with documentation required by Section 6, the date of the purchase, the purchase respect to the plan in an acquisition in submit the following documents: price, and the identity of the seller; which a plan fiduciary appropriately (2) A narrative describing the discharged his or her fiduciary duties. 21 If the plan purchased the property from the relationship of the seller to the plan; plan sponsor, the sale of the same property back to Currently, a plan fiduciary determines the plan sponsor is a reversal of the prohibited and that such asset is an illiquid asset transaction. The sale is not a new prohibited (3) A copy of the qualified, because: (1) the asset failed to transaction and therefore does not require an individual prohibited transaction exemption, as independent appraiser’s report appreciate, failed to provide a long as the plan did not make improvements while addressing the FMV at the time of the reasonable rate of return, or caused a it owned the property. plan’s purchase. loss to the plan; (2) the sale of the asset

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is in the best interest of the plan; and (1) Documentation of the plan’s Section 5(a) for each year in which the (3) following reasonable efforts to sell original purchase of the asset, including asset was valued improperly. the asset to a person who is not a party the date of the purchase, the plan’s (3) Once the FMV has been in interest with respect to the plan, the purchase price, the identity of the determined, the participant account asset cannot immediately be sold for its original seller, and a description of the balances for each year must be adjusted original purchase price, or its current relationship, if any, between the original accordingly. FMV, if greater. Examples of assets that seller and the plan; (4) The Annual Report Forms 5500 may meet this definition include, but (2) The qualified, independent must be amended and refiled for (i) the are not limited to, restricted and thinly appraiser’s report addressing the FMV last three plan years or (ii) all plan years traded stock, limited partnership of the asset purchased by the plan at the in which the value of the asset was interests, real estate and collectibles. recovery date; reported improperly, whichever is less. (3) A narrative describing the plan’s (b) Correction of Transaction. (1) The (5) The Plan Official or plan efforts to sell the asset to persons who transaction may be corrected by the sale administrator must determine who are not parties in interest with respect of the asset to a party in interest, received distributions from the plan to the plan and any documentation of provided the plan receives the higher of during the time the asset was valued such efforts to sell the asset; (i) the fair market value (FMV) of the improperly. For distributions that were (4) A statement from a Plan Official asset at the time of resale, without a too low, the amount of the attesting that: (i) The asset failed to reduction for the costs of sale; or (ii) the underpayment is treated as a Principal appreciate, failed to provide a Principal Amount, plus Lost Earnings as Amount for each individual who reasonable rate of return, or caused a described in Section 5(b). The Plan received a distribution. The Principal loss to the plan; (ii) the sale of the asset Official may cause the plan to sell the Amount and Lost Earnings must be paid is in the best interest of the plan; (iii) asset to a party in interest. This to the affected individuals. For the asset is an illiquid asset; and (iv) the correction provides relief for both the distributions that were too high, the plan made reasonable efforts to sell the original purchase of the asset, if total of the overpayments constitutes the asset to persons who are not parties in required, and the sale of the illiquid Principal Amount for the plan. The interest with respect to the plan without asset by the plan to a party in interest, Principal Amount plus the Lost success; and provided the Plan Official also satisfies Earnings, as described in Section 5(b), the applicable conditions of the VFC (5) In the case of an illiquid asset that is a parcel of real estate, a statement must be restored to the plan or to any Program class exemption. participants who received distributions (2) For this transaction, the Principal from a Plan Official attesting that no party in interest owns real estate that is that were too low. Amount is the plan’s original purchase (6) The principles of this paragraph price. contiguous to the plan’s parcel of real estate on the Recovery Date. (b) are illustrated in the following (3) The principles of this paragraph examples: (b) are illustrated in the following E. Benefits Example 1. On December 31, 1995, a profit examples: 1. Payment of Benefits Without Properly sharing plan purchased a 20-acre parcel of Example 1. A plan purchases undeveloped Valuing Plan Assets on Which Payment real property for $500,000, which real property from a party in interest with Is Based represented a portion of the plan’s assets. respect to the plan for $60,000 in June 1999. The plan has carried the property on its In April 2004, Plan Officials determine that (a) Description of Transaction. A books at cost, rather than at FMV. One the property is an illiquid asset. A qualified defined contribution pension plan pays participant left the company on January 1, independent, appraiser appraises the benefits based on the value of the plan’s 1997, and received a distribution, which property at a current FMV of $20,000. The assets. If one or more of the plan’s assets included her portion of the value of the plan sponsor pays the plan the Principal are not valued at current value, the property. The separated participant’s account Amount of $60,000 plus Lost Earnings as benefit payments are not correct. If the balance represented 2% of the plan’s assets. described in Section 5(b), and Plan Officials plan’s assets are overvalued, the current As part of correction for the VFC Program, a transfer the property from the plan to the qualified, independent appraiser has plan sponsor. The Plan Officials also comply benefit payments will be too high. If the determined the FMV of the property for 1996, with the applicable terms of the related plan’s assets are undervalued, the 1997, and 1998. The FMV as of December 31, exemption. current benefit payments will be too 1996, was $400,000. Therefore, this Example 2. A plan purchases a limited low. participant was overpaid by $2,000 partnership interest for $60,000 in June 1999 (b) Correction of Transaction. (1) (($500,000–$400,000) multiplied by 2%). The from an unrelated party after plan fiduciaries Establish the correct value of the Plan Officials corrected the transaction by properly fulfill their fiduciary duties with improperly valued asset for each plan paying to the plan the $2,000 Principal respect to the purchase. In April 2004, Plan year, starting with the first plan year in Amount plus Lost Earnings as described in Officials determine that the interest is an which the asset was improperly valued. Section 5(b). The plan administrator also filed an illiquid asset because the interest has failed Restore to the plan for distribution to to generate a reasonable rate of return. A amended Form 5500 for plan years 1996 and qualified, independent appraiser appraises the affected plan participants, or restore 1997, to reflect the proper values. The plan the interest at a current FMV of $80,000. The directly to the plan participants, the administrator will include the correct asset plan sponsor pays the plan the FMV of amount by which all affected valuation in the 1998 Form 5500 when that $80,000 without a reduction for the costs of participants were underpaid form is filed. the sale, which is greater than the Principal distributions to which they were Example 2. Assume the same facts as in Amount plus Lost Earnings, and Plan entitled under the terms of the plan, Example 1, except that the property had Officials transfer the interest from the plan to plus Lost Earnings as described in appreciated in value to $600,000 as of the plan sponsor. The Plan Officials also Section 5(b) on the underpaid December 31, 1996. The separated participant would have been underpaid by comply with the applicable terms of the distributions. File amended Annual related exemption. $2,000. The correction consists of locating Report Forms 5500, as detailed below. the participant and distributing to her the (c) Documentation. In addition to the (2) To correct the valuation defect, a $2,000 Principal Amount plus Lost Earnings documentation required by Section 6, Plan Official must determine the FMV as described in Section 5(b), as well as filing submit the following documents: of the improperly valued asset per the amended Forms 5500.

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(c) Documentation. In addition to the (3) The principles of this paragraph (2) The Principal Amount is the documentation required by Section 6, (b) are illustrated in the following difference between (a) the amount submit the following documents: example: actually paid by the plan during the six (1) A copy of the qualified, Example. Excessive compensation. A plan years prior to the discontinuation of the independent appraiser’s report for each hired an investment advisor who advised the payments to the fiduciary and (b) the plan year in which the asset was plan’s trustees about how to invest the plan’s amount that represents reimbursements revalued; entire portfolio. In accordance with the plan of expenses properly and actually (2) A written statement confirming the document, the trustees instructed the advisor incurred by the fiduciary. date that amended Annual Report to limit the plan’s investments to equities (3) The principles of this paragraph Forms 5500 with correct valuation data and bonds. In exchange for his services, the were filed; plan paid the investment advisor 3% of the (b) are illustrated in the following (3) If losses are restored to the plan, value of the portfolio’s assets. If the trustees example: proof of payment to the plan and copies had inquired they would have learned that Example. A union sponsored a health plan of the adjusted participant account comparable investment advisors charged 1% funded through contributions by employers. balances; and of the value of the assets for the type of The union president receives $50,000 per (4) If supplemental distributions are portfolio that the plan maintained. To correct year from the union in compensation for his the transaction, the plan must be paid the made, proof of payment to the services as union president. He is appointed Principal Amount of 2% of the value of the as a trustee of the health plan while retaining individuals entitled to receive the plan’s assets, plus Lost Earnings, as described supplemental distributions. his position as union president. In exchange in Section 5(b). for acting as plan trustee, the union president F. Plan Expenses (c) Documentation. In addition to the is paid a salary of $200 per week by the plan while still receiving the $50,000 salary from 1. Duplicative, Excessive, or documentation required by Section 6, submit the following documents: the union. Since $50,000 is full-time pay, the Unnecessary Compensation Paid by a plan’s weekly salary payments are improper. (1) A written estimate of the Plan To correct the transaction, the plan must be reasonable market value of the services; (a) Description of Transaction. A plan paid the Principal Amount, which is the (2) The estimator’s qualifications; and paid excessive compensation, including $200 weekly salary amount for each week commissions or fees, to a service (3) The cost of the services at issue that the salary was paid, plus the higher of provider (such as an attorney, during the period that such services Lost Earnings or Restoration of Profits, as described in Section 5(b). accountant, actuary, financial advisor, were provided to the plan. or insurance agent); a plan paid two or 2. Payment of Dual Compensation to a (c) Documentation. In addition to the more persons to provide the same Plan Fiduciary documentation required by Section 6, services to the plan; or a plan paid a submit the following documents: (a) Description of Transaction. A plan service provider for services that were (1) Copies of the plan’s accounting pays a fiduciary for services rendered to not necessary for the operation of the records which show the date and the plan when the fiduciary already plan. amount of compensation paid by the receives full-time pay from an employer (b) Correction of Transaction. (1) plan to the identified fiduciary; and Restore to the plan the Principal or an association of employers, whose Amount, plus the greater of (i) Lost employees are participants in the plan, (2) If any of the amounts paid by the Earnings or (ii) Restoration of Profits or from an employee organization plan to the fiduciary represent resulting from the use of the Principal whose members are participants in the reimbursements of expenses properly Amount, as described in Section 5(b). plan. The plan’s payments to the plan and actually incurred by the fiduciary, (2) The Principal Amount is the fiduciary are not mere reimbursements include copies of the plan records that difference between (a) the amount of expenses properly and actually indicate the date, amount, and character actually paid by the plan to the service incurred by the fiduciary. of these payments. provider during the six years prior to (b) Correction of Transaction. (1) Signed at Washington, DC, this 30th day of the discontinuation of the payment of Restore to the plan the Principal March, 2005. the excessive, duplicative, or Amount, plus the greater of (i) Lost Ann L. Combs, unnecessary compensation and (b) the Earnings or (ii) Restoration of Profits Assistant Secretary for Employee Benefits reasonable market value of the non- resulting from the fiduciary’s use of the Security Administration, U.S. Department of duplicative services. Principal Amount for the same period. Labor.

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[FR Doc. 05–6627 Filed 4–5–05; 8:45 am] BILLING CODE 4150–29–P

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Part III

Federal Deposit Insurance Corporation 12 CFR Parts 303, 325, 327, and 347 International Banking; Final Rule

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FEDERAL DEPOSIT INSURANCE Bliley Act of 1999 (12 U.S.C. 4809); addresses moving an insured branch of CORPORATION addressing certain regulatory burden a foreign bank (‘‘grandfathered issues raised in public comments as part branch’’),2 by specifying that expedited 12 CFR Parts 303, 325, 327, and 347 of the FDIC’s ongoing burden reduction processing could be provided for RIN 3064–AC85 effort under the Economic Growth and applications involving intrastate Regulatory Paperwork Reduction Act of relocations of eligible grandfathered International Banking 1996 (EGRPRA)(12 U.S.C. 3311); branches. This amendment was added maintaining parity with Regulation K, to address concerns expressed by the IIB AGENCY: Federal Deposit Insurance which was amended by the Board of that grandfathered branches would be Corporation (FDIC). Governors of the Federal Reserve precluded from moving or relocating ACTION: Final rule. System (‘‘FRB’’) in October, 2001; and from their existing locations if their updating and enhancing the FDIC’s proposed relocations were made subject SUMMARY: The FDIC is amending its supervisory processes by revising to the ‘‘immediate neighborhood’’ international banking regulations in existing rules and proposing certain geographic relocation requirement subpart J of part 303 and revising new rules. In addition, although no applied to proposed branch relocations subparts A and B of part 347. The amendments were proposed regarding of state nonmember banks in section amendments reorganize, clarify, and the topics, the FDIC requested 303.41(b). In their comments, the ABA revise subparts A and B of part 347, and comments on whether deposits in and IIB expressed support for the address various issues raised as part of wholesale U.S. branches of foreign proposed amendment but the IIB the FDIC’s ongoing effort under the banks should be insured by the FDIC indicated that it assumed that the FDIC Economic Growth and Regulatory and whether the accounting regulations would subject a proposed interstate Paperwork Reduction Act of 1996 (12 contained in subpart C of part 347 relocation to standard processing and U.S.C. 3311). Included in the revisions should be revised. requested that the FDIC clarify this are amendments that address relocation The comment period closed on point in the final rule. The FDIC has of insured U.S. branches of foreign September 17, 2004. Comments were considered the IIB request and has banks within and outside the state received from the American Bankers added a new paragraph (e) to section where such branches are presently Association (‘‘ABA’’), the Institute for 303.184 to address standard processing located, adoption of a risk-based asset International Bankers (‘‘IIB’’), and the of applications to relocate a pledge requirement for insured U.S. Conference of State Bank Supervisors grandfathered state branch to another branches of foreign banks, and (‘‘CSBS’’) regarding issues addressed in state. In doing so, the FDIC believes it information and examination the NPR. In addition, at the IIB’s is appropriate to address a state requirements for foreign banks that own request, FDIC staff met with licensing issue raised by the IIB branches or depository institution representatives of the IIB and comment letter and to ensure that the subsidiaries seeking FDIC deposit representatives of its constituent foreign rule will only be utilized for legitimate insurance. The FDIC has also decided to banks regarding the IIB’s EGRPRA relocations of existing grandfathered maintain its existing position suggestions and issues addressed in its state branches and not simply to concerning the availability of FDIC comment letter.1 No comments were recharacterize the establishment of a deposit insurance for wholesale U.S. received regarding subpart C of part 347 new foreign branch in another state as branches of foreign banks. and, therefore, none of the rules in that a ‘‘move’’ or ‘‘relocation’’ of a DATES: These revisions are effective July subpart are being amended in the final grandfathered state branch to avoid 1, 2005. rule. compliance with the subsidiary requirement contained in section 6(d) of FOR FURTHER INFORMATION CONTACT: John A discussion of the comments and the IBA. Therefore, under section Di Clemente, Chief, International changes to the proposal that are being 303.184, as revised by this final rule, in Section, Division of Supervision and adopted in this final rule are presented addition to satisfying the criteria Consumer Protection, (202) 898–3540 or below. contained in paragraph (d), a foreign [email protected] or Rodney D. Ray, II. International Banking Procedural, bank proposing to relocate a Counsel, Legal Division, (202) 898–3556 Capital Maintenance, Assessment Rules grandfathered state branch to another or [email protected], Federal Deposit state without affecting its grandfathered Insurance Corporation, 550 17th Street, Subpart J of part 303 contains the FDIC application procedures that status will be required, under paragraph NW., Washington, DC 20429. (e), to comply with any applicable state SUPPLEMENTARY INFORMATION: implement the international banking regulations in part 347, subparts A and laws and regulations of the states I. Background B. Although the NPR contained several affected by the proposed relocation. In addition, because the foreign bank will On July 19, 2004, the FDIC issued a amendments to the subpart J regulations, most of them consisted of be relocating its whole grandfathered notice of proposed rulemaking (‘‘NPR’’) branch operation from one state to in the Federal Register, with a 60 day technical amendments because of the substantial restructuring being proposed another (not creating an additional out- comment period, regarding proposed of-state branch of the grandfathered amendments to its international banking for the regulations in part 347. There were no comments on those branch, which would not be allowed), regulations contained in subpart J of the existing license of the branch in the part 303, subpart B of part 325, subpart amendments and the FDIC is adopting them as proposed. state from which it is moving may need A of part 327, and subparts A and B of to be surrendered or cancelled and a part 347 of title 12 of the Code of In addition to the technical amendments, the FDIC proposed to Federal Regulations. (69 FR 43060). 2 A grandfathered branch of a foreign bank is a The proposed amendments were amend section 303.184, which U.S. branch of a foreign bank that obtained FDIC intended to accomplish various goals. deposit insurance prior to December 19, 1991 and 1 A meeting summary and list of participants is is authorized to accept or maintain domestic retail These included implementation of the available on the FDIC’s Web page at http:// deposit accounts pursuant to section 6(d)(2) of the ‘‘plain language’’ requirement contained www.fdic.gov/regulations/laws/federal/ International Banking Act (‘‘IBA’’)(12 U.S.C. in section 722 of the Gramm-Leach- 04cMEETING.html. 3104(d)(2)).

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new license obtained in the state to foreign branches and investments, and closely track the order of the activities which the branch is relocating. To avoid 347.119 (specific consent). The listed as permissible for member banks a ‘‘break’’ in the existence of the discussion that follows is provided to and their subsidiaries or foreign grandfathered branch, which may create explain a few of the more significant branches of member banks under the an issue regarding compliance with the amendments to the subpart. corresponding provision in Regulation subsidiary requirement contained in The FDIC proposed to revise existing K. This revision will make the section 6(d) of the IBA, the rule also sections 347.103 and 347.104 in the comparison easier between activities specifies that the foreign bank must NPR to better address the interplay authorized under subpart A of part 347 obtain any required regulatory between the FDIC’s part 362 and part and those authorized under Regulation approvals from the appropriate state 347. This revision was accomplished in K for branches of member banks or licensing authority of the state to which two ways. First we separated the member banks and their subsidiaries. the insured branch proposes to relocate substance of existing section 347.104(f), The FDIC also added paragraph (d) to before relocating the existing branch dealing with direct and indirect proposed section 347.105 and paragraph operations and surrendering its existing investments in foreign organizations, (h) to proposed section 347.115, for license to the appropriate state licensing into section 347.104 in the proposed clarification, to generally address when authority of the state from which the rule.3 Second, we created ‘‘permissible activities, other than those authorized branch is relocating. activities’’ sections for state nonmember by the respective sections, may be In addition to the amendments banks and their subsidiaries in section authorized by specific consent under proposed in subpart J of part 303, the 347.105(b) out of existing section part 347 or when authorization for the FDIC also proposed revisions to sections 347.104(a)–(b) and for foreign branches activities must be obtained under part 325.103 and 327.4, regarding capital of state nonmember banks in section 362 as well as subpart A of part 347. maintenance and the annual assessment 347.115(a)–(g) out of existing section The ABA commented on the proposed rate, respectively, for insured U.S. 347.103(a). In addition, the order and amendment to section 347.115, branches of foreign banks. The list of activities authorized for state including another FDIC proposal amendments were proposed to conform nonmember banks and their subsidiaries adopting the same definition of those sections with proposed and foreign branches of state ‘‘investment grade’’ that had been amendments to the FDIC’s asset pledge nonmember banks were revised to more adopted by the FRB and the OCC. In its and asset maintenance requirements 3 comment, the ABA noted that the contained in subpart B of part 347. Like existing section 347.104(f), section 347.104 adoption of the same approach to Because the FDIC has decided to recognizes that the FDIC’s treatment of direct and ‘‘investment grade’’ was a substantive maintain the existing quarterly indirect investments by state nonmember banks in foreign organizations differs from the treatment improvement, which it supported. It calculation methodology for asset such investments are provided in Regulation K for also expressed support for the addition maintenance in the final rule, for the member banks. This is because of differences in the of section 347.115(h), discussed above. reasons discussed subsequently in underlying statutory provisions governing member connection with section 347.210, the and state nonmember banks. Unlike member banks, The FDIC also proposed to amend its whose investments are constrained by the language authorization for ‘‘general consent’’ in reference to the ‘‘insured branch’s daily of section 25 of the Federal Reserve Act (12 U.S.C. third-party liabilities’’ has been 601), section 18(l) of the FDI Act permits state two ways. The first way was to allow eliminated in the final rule. nonmember banks to invest in foreign ‘‘banks and insured state nonmember banks to other entities,’’ to the extent authorized by state branch into a foreign country under III. Foreign Banking and Investment by law. Thus, considering the legislative history of general consent in circumstances Insured State Nonmember Banks section 18(l), and the language of the statute, the FDIC has interpreted section 18(l) as not restricting covered by proposed section Subpart A of part 347 primarily the types of foreign organizations in which a state 347.117(a)(1)(ii) or (iii). This change addresses branching, investments, and nonmember bank can invest. would allow an eligible state The ability of insured state nonmember banks to nonmember bank to establish additional permissible activities of state invest in other types of foreign organizations, nonmember banks in foreign countries. however, raises issues under section 24 of the FDI branches in a country in which the The FDIC proposed various Act (12 U.S.C. 1831a) and part 362 because national bank’s holding company operates a amendments in the NPR that banks are unable to invest directly in nonbank foreign bank subsidiary, or in which an foreign organizations. Section 24 prohibits an affiliated bank or Edge or Agreement reorganized the existing sections in the insured state nonmember bank from acquiring an subpart and clarified their coverage. For equity investment that a national bank is not corporation operates one or more example, the FDIC proposed to divide permitted to acquire. Such an investment may be foreign branches or foreign bank particularly complex sections, such as made under section 24, subject to FDIC approval, subsidiaries and allow for an after-the- however, if the investment is made through a fact notification to the FDIC in those existing section 347.104 into sections majority-owned subsidiary of the bank. It may also 347.104 through 347.110, which are less be made if a company becomes majority-owned by circumstances, rather than requiring complex sections but accomplish a the bank as a result of the investment and the ‘‘as prior approval under expedited similar result. The FDIC also proposed principal’’ activities of the company are ones in processing, as is presently required which a subsidiary of a national bank could engage. to move and consolidate existing Ownership of more than 50 percent of the equity under section 347.103(c)(1). The second sections based on the subject matter in a nonbank foreign organization makes that way was to grant general consent to addressed to make the requirements organization a majority-owned subsidiary and, thus, invest in a foreign organization, under easier to locate and understand. For no section 24 analysis is required because such a proposed section 347.117(b)(2), when at subsidiary is authorized only to engage in the same example, existing sections 347.103, activities that the FRB has authorized for least one insured state nonmember bank addressing foreign branch powers and subsidiaries of member banks (and thus national operates a foreign branch in the relevant FDIC consent requirements, and banks) under Regulation K. In addition, while it is foreign country where the organization 347.108, addressing FDIC consent unnecessary for insured state nonmember bank will be located because of the FDIC’s investments of 50 percent or less of the equity of requirements for foreign investments, a nonbank foreign organization to be held through familiarity with the banking laws and were made sections 347.115 an intermediate foreign bank subsidiary or Edge practices of that country. The ABA (permissible activities for foreign subsidiary as required under Regulation K, those commented on this amendment and branches), and 347.117 (general consent investments are required to be held through some expressed support for the proposed form of U.S. or foreign majority-owned subsidiary for foreign branches and investments), in order to comply with the requirements of section change in general consent for foreign 347.118 (expedited processing for 24 and part 362. branches.

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Although the FDIC received no FDI Act and International Banking Act branches, of a foreign bank seeking comments on the proposed revision for concerning insured and noninsured U.S. deposit insurance from the FDIC. It also foreign investments, an additional branches of foreign banks. The FDIC would have required the foreign bank to clarification to proposed section proposed reorganizing the subpart by provide the FDIC with a written 347.117(b)(2) is included in this final grouping the existing sections that were commitment (including the foreign rule. As indicated in the discussion applicable to insured State and Federal bank’s consent to U.S. court jurisdiction contained in the NPR, when the FDIC branches at the beginning of the subpart, and designation of agent for service of amended its foreign banking regulations followed by the sections applicable to process, acceptable to the FDIC) to: in 1998, it declined to adopt a only State branches. In addition to • Permit examination of the foreign suggestion that the FDIC grant general several minor revisions to the existing bank and affiliates located outside the consent to invest in a foreign sections, the FDIC also proposed more U.S.; organization when at least one insured substantive amendments. These • Provide information regarding the state nonmember bank operates a included revising its existing rules to foreign bank and affiliates located foreign branch in the relevant foreign update its foreign examination and outside the U.S.; and country. This was due to concerns that information rule and applying them to • Permit examination and provide ‘‘nameplate’’ branches being operated in U.S. banking subsidiaries of foreign information regarding the offices and foreign countries might fall within the banks, addressing how a grandfathered affiliates of the foreign bank that are scope of the authorization. In the branch could be transferred to a new located in the U.S. discussion of the proposed amendment foreign bank owner and retain the In addition, the proposal would have in the NPR, the FDIC indicated that it branch’s grandfathered status, adopting allowed the FDIC to waive the foreign believed most nameplate branches a risk-based approach for its asset examination provision if the FRB had would be operated in jurisdictions pledge rule, and revising its asset determined that the foreign bank was where authority to invest in foreign maintenance rule to compute asset subject to comprehensive consolidated organizations by general consent would maintenance requirements based on a supervision (‘‘CCS’’). It also would have be inapplicable under section daily calculation of the third-party allowed for the FDIC, in its discretion 347.119(a). Although the FDIC believes assets and liabilities. Finally, the FDIC and subject to the requirements the discussion in the NPR was correct, proposed a new rule to facilitate cross- specified in the regulation, to waive it is concerned that the standard may be border supervision of insured U.S. some or all of the commitment somewhat imprecise. Therefore, the text branches of foreign banks and insured requirements imposed by the section in U.S. bank subsidiaries by providing for contained in section 347.117(b)(2) has lieu of requiring its own separate been revised in the final rule to clearly the sharing of supervisory information commitment from the foreign bank. indicate that the existence of a ‘‘shell between the FDIC and foreign bank There were two comments on branch’’ (a term that the FDIC intends to regulatory or supervisory authorities proposed section 347.204. The ABA be synonymous with the term and addressing the confidentiality of expressed support for the proposed ‘‘nameplate branch’’) in a foreign such information. These more amendments to the section. The IIB country will not provide a basis for substantive amendments are discussed investment by general consent under in greater detail below. expressed concerns, however, about section 347.117(b). Section 347.208 of the FDIC’s existing what it viewed as exertion of Finally, the proposal contained a new rules addresses foreign bank agreements ‘‘extraterritorial’’ examination authority section 347.122, which was intended to with the FDIC to be examined and over non-U.S. offices and affiliates of enhance the FDIC’s existing supervisory provide information. The regulation foreign banks. The IIB also asserted that authority. The section recognizes that implements section 10(b) of the FDI Act the proposal would reverse the FDIC’s the FDIC may, under section 18(d)(2) (12 U.S.C. 1820(b)) and was initially longstanding position, dating back to and 18(l) of the FDI Act, condition the issued in 1979. Although the regulation 1979, when the original rule was authority granted under subpart A as it addresses foreign banks applying for adopted, when the FDIC recognized that considers appropriate and provide for deposit insurance for U.S. branches, it despite its broad statutory authority to termination of activities or divestiture of does not address deposit insurance conduct such examinations, home investments permitted under the applications of U.S. depository country laws typically would prohibit subpart, after giving the bank notice and institution subsidiaries of foreign the FDIC from doing so. Therefore, the a reasonable opportunity to be heard, if banks.4 IIB observed, the FDIC adopted a a bank is unable or fails to comply with To update the rule and enhance the compromise under which it asserted the requirements of the subpart or any FDIC’s supervisory authority, the FDIC examination authority only over U.S. conditions imposed by the FDIC proposed to redesignate the rule as branches and affiliates and required an regarding transactions under the section 347.204 and substantially agreement to provide information subpart. The only comment on the amend it to make it more useful. As concerning operations of non-U.S. section was submitted by the ABA, envisioned in the proposal, the offices and affiliates. The IIB also felt which expressed no opposition to the amended rule would have addressed that the proposed foreign examination new section. several issues. It would have made the provision was largely unnecessary After considering the proposed rule applicable to U.S. depository because the proposed rule contained amendments contained in the NPR and institution subsidiaries, as well as U.S. waiver authority for foreign banks that the comments submitted thereon, except had been determined to be subject to as otherwise stated above, the FDIC is 4 The statute requires a foreign bank, in CCS. It noted that section 3 of the Bank connection with obtaining deposit insurance for a Holding Company Act (12 U.S.C. 1842) adopting all of the amendments to branch or depository institution subsidiary, to subpart A of part 347 in this final rule submit a binding written commitment to the FDIC required a finding of comprehensive as they were proposed. to permit any examination of the affairs of any consolidated supervision by the FRB affiliate of the branch or depository institution before a foreign bank could acquire or IV. Foreign Banks subsidiary to the extent necessary to determine: (1) establish a U.S. commercial bank the relationship between the depository institution The existing rules in part 347, subpart and the affiliate and (2) the effect of such subsidiary and that the acquisition by a B primarily implement provisions of the relationship on such depository institution. foreign bank of control of a savings

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association was subject to a CCS agency, or representative office. Because jurisdiction that are acceptable to the determination by the OTS. the appropriate Federal banking FDIC; however, the consents are not The FDIC has reviewed and agencies consider, as part of their CCS limited merely to court proceedings.7 considered the comments on proposed determination, whether the foreign Thus, the consent to jurisdiction and section 347.204, as well as the bank’s home country supervisor designation of agent provisions have information and an examination receives sufficient information on the been revised in the final rule to avoid requirement contained in existing worldwide operations of the foreign giving the erroneous impression that section 347.208, and has decided to bank to assess its overall financial consents to jurisdiction and make several revisions to section condition and compliance with laws designations of agents that are limited to 347.204 in the final rule. and regulations, as specified in 12 CFR consent to jurisdiction of the U.S. courts Although the IIB did not specifically 211.24(c)(ii), the FDIC believes and service of process in court reference the 1979 statement mentioned acceptable commitments and assurances proceedings will be acceptable to the in its comment, the FDIC believes that of cooperation by the foreign bank, FDIC. the reference was to a comment coupled with appropriate supervisory Section 347.204(b)(3) of the proposal contained in the preamble to the coordination and communication with has also been made paragraph (b) in the proposed rule for the FDIC’s initial the home country regulator may be final rule and revised. Because the FDIC foreign banking regulations. In that sufficient to satisfy the examination believes that an acceptable consent to notice, the FDIC observed: commitment for a foreign bank and its U.S. jurisdiction and designation of The FDIC is aware that most foreign banks affiliates outside the U.S. Thus, a CCS agent for service are essential would be prohibited, or at least restricted, by determination from the appropriate components needed to obtain binding law or policy of the country of the bank’s Federal banking agency should reduce commitments from the foreign bank, the domicile from providing such a commitment. the need for foreign examination final rule clarifies that the consent to Were the FDIC to require a commitment commitments. Therefore, the section has jurisdiction and designation of agent for allowing the FDIC to conduct a full been rewritten to eliminate the foreign examination of the bank, it is probable that service (and any limitations on the no foreign bank could operate an insured examination commitment requirement FDIC’s ability to utilize them) will be branch. This result clearly is not intended. as a prerequisite for obtaining considered together with the Thus, the FDIC proposes that a foreign bank consideration of a deposit insurance commitments provided by the foreign agree to provide the FDIC with information application if the foreign bank has been bank. Additionally, as revised by the regarding the affairs of the bank and its determined to be subject to CCS by the final rule, the section recognizes that the affiliates which are located outside the appropriate Federal banking agency.6 FDIC also has discretion to consider any United States. As to activities within the The FDIC has also revised the final United States, the bank shall agree to allow additional commitments or assurances rule to eliminate the waiver provisions by the foreign bank, including that it the FDIC to examine the affairs of the bank contained in paragraph (b) of the and its affiliates. 44 FR 23869, 23871 (April will cooperate and assist the FDIC, 23, 1979). proposal. The first waiver provision including, without limitation, by concerned the foreign examination seeking to obtain waivers and The FDIC believes that this commitment, which is no longer conservative approach may have been exemptions from applicable addressed in paragraph (a) of the final confidentiality or secrecy restrictions or prudent in the context of foreign banks rule. In addition, the other waiver seeking deposit insurance for U.S. requirements to enable the foreign bank provision, regarding waivers for or its affiliates to make such information branches in the late 1970s but that the commitments provided to other Federal available to the FDIC. approach has become somewhat banking agencies, has been deleted. Therefore, the FDIC is adopting outdated and the rule should be more Although the latter provision was section 347.204, as revised in this final reflective of the supervisory structure intended to avoid the appearance of rule, for application to deposit that is currently in existence. In this duplication, the FDIC is concerned that insurance applications of U.S. branches regard, it is noted that the underlying such waivers may create the potential and depository institution subsidiaries statutory provision in the FDI Act and for uncertainty regarding the FDIC’s of foreign banks. the initial regulation preceded the authority under the commitments. Thus Another issue addressed in the failure of the Bank of Credit and the FDIC believes the potential proposal was an amendment contained Commerce International (‘‘BCCI’’) in the enforcement difficulties attendant to early 1990s, which had an impact on such waivers outweigh the potential in proposed section 347.206(d), certain insured depository institutions benefits of such waiver authority. concerning the transferability of in the United States that had The FDIC also has revised the consent grandfathered branches to new foreign undisclosed relationships with BCCI. to jurisdiction and designation of agent banks. As indicated in the proposal, The underlying statutory provision and provisions in the final rule to clarify section 347.206 of the proposal is initial regulation also preceded the those provisions by eliminating the largely derived from existing section enactment of statutory amendments to ‘‘court’’ and ‘‘process’’ references. The 347.204(a)–(c) and implements section 8 the IBA, Bank Holding Company Act, FDIC presently requires that foreign 6(d) of the IBA (12 U.S.C. 3104(d)). and Home Owners Loan Act, as part of owners of insured depository As part of the EGRPRA process the IIB the Foreign Bank Supervision and institutions, including foreign banks, requested that the FDIC adopt an Enforcement Act of 1991,5 that require provide consents to personal interpretation of section 6(d) that would comprehensive consolidated 7 supervision determinations in certain 6 In the event that the FDIC receives an The consents to jurisdiction and designation of agent that the FDIC presently uses also include circumstances by the appropriate application for deposit insurance for a U.S. banking subsidiary of a foreign bank that has not been consent to agency jurisdiction and investigations for Federal banking agency under those determined to be subject to CCS by an appropriate various supervisory and enforcement purposes. statutes, including the initial acquisition Federal banking agency, the FDIC expects the 8 Section 6(d) of the IBA allows any insured of control or establishment of a U.S. foreign bank to provide the commitments required branches that were accepting or maintaining by section 347.204 and it may also require the domestic retail deposit accounts on December 19, bank, savings association, branch, foreign bank to provide the FDIC such additional 1991, to continue to operate as ‘‘grandfathered’’ commitments and assurances as the FDIC considers insured branches conducting domestic retail 5 Pub. L. 102–242, 105 Stat. 2236, 2286 (1991). necessary under the circumstances. deposit activities.

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allow the grandfathered branch status of following the same process required for foreign banks with a competitive an insured U.S. branch of a foreign bank domestic banks of establishing and advantage over domestic banks. to survive the sale or transfer of the capitalizing a distinct corporate entity The IIB also noted that requiring a branch from one foreign bank to another and applying for deposit insurance. specific proper motivation in a merger foreign bank. As indicated in the The FDIC recognized, however, that and acquisition might even call into proposal, the IIB’s view was that its existing regulations did not address question the survival of grandfathered because the availability of the this issue and that there may be other status following a change in control of grandfather exception appears to be situations, such as certain merger and the foreign parent bank. It suggested, conditioned upon a single exception acquisition transactions, that are not regardless of the FDIC’s treatment of the (that the branch was insured as of designed or motivated by the desire to broader transferability issue, that the December 19, 1991), it was inconsistent obtain access to the domestic retail FDIC clarify that changes in control of with the plain meaning of the statute to deposit market and avoid compliance the foreign parent bank will not include an additional condition (that is, with the subsidiary requirement in terminate the grandfathered status of the branch was not transferred after section 6(d) of the IBA, where the existing insured branches. December 19, 1991). The IIB also grandfathered status of an insured The FDIC believes that it may be observed that other grandfather branch should remain intact. Therefore, problematic to make a general statement provisions enacted by Congress in the the FDIC proposed to address the issue such as that requested by the IIB in the same statute expressly state that those by providing in section 347.206(d) of context of a rulemaking proceeding. The grandfather rights terminate upon a the proposal that in certain FDIC believes that a change in change in control. Therefore, the circumstances, such as certain merger ownership of a foreign bank that owns absence of such a provision in the and acquisition transactions, which are an insured branch may affect the FDIC’s grandfathered branch exception, it was not designed or motivated by the desire interest in the insured institution and argued, indicates that Congress did not to obtain access to the domestic retail that the FDIC should have an intend that an insured branch would deposit market and avoid compliance opportunity to evaluate the transaction lose its grandfathered status upon its with the subsidiary requirement in before it is finalized. Therefore, since sale or transfer. Additionally, the IIB section 6(d) of the IBA, the the universe of grandfathered insured observed that permitting transfers of grandfathered status of an insured branches of foreign banks is very grandfathered branches would provide branch should remain intact following limited, the FDIC believes that it is more an option for other foreign banks that the transaction. appropriate for a foreign bank would like to establish FDIC-insured The FDIC received comments from considering this type of transaction to branches but are constrained from doing the ABA and IIB on the proposed discuss its planned structure with FDIC amendment. The ABA indicated that it staff to evaluate whether the so by the subsidiary requirement in did not oppose the amendment, noting grandfathered status of the branch will section 6(d) of the IBA. Finally, it was that it appeared to state explicitly what remain intact following the proposed observed that depositors would not lose has been considered to be the law change in control of the existing foreign the protections of deposit insurance implicitly. The IIB, however, reiterated bank owner. solely as a result of the sale or transfer its previously expressed view that there Therefore, for the reasons previously of an insured branch. was adequate legal authority for the stated, the FDIC is adopting section Having considered these points in the FDIC to permit, rather than prohibit, the 347.206, as proposed, in the final rule. proposal, the FDIC observed that it had transferability of an insured branch to The FDIC also proposed to add a new narrowly construed the exception in the another foreign bank without the loss of section 347.207 to the subpart to past and that a broad reading of the its grandfathered status. It also facilitate cross-border supervision of grandfather exception requested would suggested that permitting the insured U.S. branches and banking be at odds with the distinct preference grandfathered status of the remaining 12 subsidiaries of foreign banks by Congress stated in section 6(d) of the FDIC-insured branches to survive a providing for the sharing of supervisory IBA of making foreign banks desiring to transfer of the branch would not be information between the FDIC and engage in new domestic retail deposit fundamentally inconsistent with the foreign bank regulatory or supervisory activities requiring deposit insurance 1991 Congressional determination that authorities. As indicated in the after December 19, 1991 do so through foreign banks seeking to engage in new proposal, the section was patterned after insured banking subsidiaries. The FDIC domestic retail activity do so through section 15 of the IBA (12 U.S.C. 3109) also noted that it was a well recognized subsidiaries rather than branches. and 12 CFR 211.27. It also addressed the rule of statutory construction that in As indicated earlier, the IIB’s legal confidentiality of such information, ascertaining the plain meaning of a and policy arguments on the based upon the FDIC’s interpretation of statute it is appropriate to look to the transferability issue were submitted section 8(v) of the FDI Act (12 U.S.C. particular statutory language at issue, as prior to the issuance of the proposal and 1818(v)), by providing that the well as the language and design of the were considered and discussed in the disclosure or transfer of such statute as a whole. By reading the proposal. Although the FDIC recognizes information to a foreign bank regulatory statute as a whole, rather than merely that it might be possible to make legal or supervisory authority will not waive focusing on the precise language of the and policy arguments supporting the any privilege applicable to such grandfathered branch exception, the IIB’s proposed broad reading of the information. The ABA’s comment proposed broad reading of the exception grandfather exception, the FDIC indicated that it supported the addition was contrary to the direction Congress continues to believe that the exception of the provision and it is being adopted provided in section 6(a) of the IBA, should be construed narrowly, since it in the final rule without further regarding implementation of the section, is contrary to Congress’ general amendment. because purchasers of grandfathered direction that foreign banks only engage In amendments contained in section branches could avoid forming and in retail deposit taking after December 347.209 of the proposal, the FDIC capitalizing banking subsidiaries to 19, 1991, through banking subsidiaries proposed to revise the 5 percent asset engage in domestic retail deposit with deposit insurance and that the pledge requirement, contained in activity in the U.S., rather than statute not be construed to provide existing section 347.210, to make it

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more risk-focused and take into not non-negotiable CDs with waivers of non-negotiable CDs with waivers of consideration characteristics that may offset from their issuers, and U.S. offset had been considered acceptable be unique to each insured branch. As Treasury bills would be considered collateral for over 20 years. discussed in the proposal, under the eligible collateral under the rule. The FDIC has considered the amended rule, the asset pledge All of the commenters discussed the comments and is making certain requirement would be determined in a proposed amendments to this rule. The amendments to section 347.209 in the manner similar to the approach the CSBS observed that the asset pledge and final rule. The FDIC asset pledge FDIC has taken with its risk-based asset maintenance requirements were requirement was established to provide deposit insurance assessment system. In extremely important and valuable the FDIC deposit insurance funds addition, any newly insured branch supervisory tools. It also observed that, protection against losses on insured would be subject to at least a 5 percent while the role of the state asset pledge deposit claims by depositors of U.S. asset pledge requirement throughout the and asset maintenance requirements is branches of foreign banks. While the first three years of its operations as an paramount for the protection of FDIC is aware that the level of assets insured branch.9 After the first three creditors of uninsured branches, in the required to be pledged to the FDIC by years of operations as an insured unique situation where retail deposits a foreign bank may have an economic branch, the asset pledge amount would are insured by the FDIC, the major impact on the foreign bank, the FDIC’s be adjusted by taking into consideration objective is the protection of depositors paramount interests are maintaining and the percentage of assets maintained by and that certain states had taken the protecting the resources of the deposit the insured branch, pursuant to section initiative to avoid the imposition of insurance funds that it administers and 347.210, and the supervisory double asset pledge requirements by honoring its deposit insurance information relative to the branch at exempting FDIC insured branches from obligations to depositors of insured U.S. issue. It was also envisioned that the state asset pledge requirements. branches of foreign banks. Inherent in most recent ROCA rating 10 for the Therefore, given the unique situation the asset pledge requirement, regardless insured branch will be a focal point of posed by insured branches of foreign of asset maintenance requirements such supervisory information but, as banks and lack of effect on state imposed on U.S. branches, is the with the risk-based premium system, prerogatives, the CSBS indicated that it possibility that those U.S. branch assets the FDIC could also consider other did not object to the proposed may not be sufficient to pay the claims supervisory information that it amendments to the FDIC asset pledge of domestic creditors, including the considered appropriate to fully evaluate and maintenance rules. FDIC. Therefore, the FDIC believes that the potential risk posed by the insured The ABA expressed general support the proposed risk-based approach, branch in determining the supervisory for the amendments but suggested that including the two percent minimum additional financial instruments be subgroup assignment for the branch. requirement, represents the best added to the eligible collateral list in the The appropriate percentage of assets compromise between the interest of the rule. The ABA observed that the list of required to be pledged would then be FDIC in assuring that the deposit assets that foreign banks may pledge determined based on the supervisory insurance funds that it administers are under the existing rule includes certain risk subgroup assigned and the asset protected and the financial interests of negotiable CDs and bankers acceptances maintenance level applicable to the foreign banks in the pledged assets. issued by state and national banks, but branch. The amended section would For similar reasons, although the does not include the same types of generally permit the asset pledge to be FDIC may have allowed non-negotiable instruments issued by state and federal lowered to not less than 2 percent of CDs to be treated as eligible collateral in savings associations. The ABA also third-party liabilities for insured the past, the FDIC is concerned that observed that eligible collateral, under considering non-negotiable certificates branches that were perceived to pose a the existing rule, includes notes issued of deposit as the equivalent of lower potential risk and up to 8 percent by banks and bank holding companies negotiable certificates of deposit, for of liabilities for insured branches that but not savings associations and thrift asset pledge purposes, fails to take into were perceived to pose a higher holding companies. The ABA believed consideration the potentially decreased potential risk to the deposit insurance that there was no reason to distinguish value of non-negotiable certificates of fund. In addition, the FDIC’s ability to between banks, savings associations, deposit in the event of a forced sale, require a higher percentage of pledged and their respective corporate parents in which is precisely the time the FDIC assets in appropriate circumstances this manner, since financial instruments would be most concerned about their would remain unchanged. provided by these other issuers also value, because of their non- The FDIC also proposed amendments would provide the same protection from to the ‘‘eligible collateral’’ portion of the the FDIC. negotiability. Therefore, except as rule to specify that ‘‘negotiable’’ The IIB supported adoption of a risk- provided in the final rule, the FDIC is certificates of deposit (‘‘CDs’’) with based asset pledge requirement but adopting the proposal to allow only waivers of offset from their issuers, but believed the proposed two percent negotiable CDs with waivers of offset to minimum pledge amount should be be treated as eligible collateral for 9 The asset pledge requirement of newly insured eliminated in favor of either (i) a purposes of section 347.209. A limited branches has been revised in the final rule to exception is provided in the final rule, provide that the pledge will be based on the completely risk-based requirement or branch’s projection of its liabilities at the end of (ii) a smaller minimum. The IIB also however, to treat non-negotiable CDs each year during the first three years of its disagreed with the FDIC’s proposal to that insured branches have pledged on operations. This revision is intended to avoid amend the eligible collateral March 18, 2005 as eligible collateral requiring a newly insured branch to pledge assets until those certificates of deposit mature based on its third year projected liabilities, which requirement to require negotiable CDs will likely reflect its largest liability balance, during with waivers of offset because of the according to the original terms of their 11 its first and second years of operations, when its practical burdens associated with existing deposit agreements. Finally, projected liabilities will presumably be lower. requiring grandfathered branches to 10 The ROCA system represents the rating of risk 11 The FDIC recognizes that obtaining waivers of management, operational controls, compliance, and substitute negotiable CDs with waivers offset from issuers of negotiable certificates of asset quality of a Foreign Banking Organization’s of offset for non-negotiable CDs with deposit may make the pledge of certificates of U.S. operations. waivers of offset. It also observed that Continued

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the FDIC agrees with the ABA’s branch’s third-party liabilities for the • A ‘‘plain meaning’’ construction of recommendation concerning other types preceding quarter. In addition, section 5(b) permits ‘‘any branch’’— of eligible collateral and the final rule appropriate conforming changes are also including a wholesale branch—to has been amended to include those being made in the final rule to section become insured; additional types of financial 347.210(d), based on revisions being • Congress expressly prohibited instruments. made to paragraph (a). foreign banks from obtaining FDIC The FDIC also proposed various There were no public comments on insurance for branches ‘‘engaged in amendments relating to the asset the proposed amendments to subpart B, domestic retail deposit activities’’ but maintenance calculation for insured other than those discussed above, and did not remove the statutory provisions branches, in section 347.210 of the they are being adopted in the final rule, authorizing foreign banks to apply for proposal, including a revision that with the revisions previously discussed. deposit insurance for wholesale would have required insured branches branches; to maintain eligible assets at a ratio of V. Deposit Insurance for Wholesale U.S. • The FDIC’s approach ignores not less than 106 percent of the insured Branches of Foreign Banks significant changes in regulatory branch’s daily third-party liabilities, The FDIC included a request for practices and structures that have rather than based upon the preceding comments in the NPR concerning occurred since 1991 with regard to quarter’s average book value of the whether the FDIC should revise its foreign banks; broader acceptance of the insured branch’s liabilities. The existing views regarding the availability principle of ‘‘investor choice;’’ and amendment was proposed to avoid of FDIC insurance for wholesale U.S. rejection of a broader policy to force potential anomalies that could be branches of foreign banks. foreign banks to operate in the U.S. only caused by using liability information As explained in the NPR, the IIB through subsidiaries; • Wholesale depositors often seek the from the preceding quarter, such as expressed the view that some foreign benefits of FDIC insurance—even instances where grandfathered branches banks with U.S. wholesale branches though the full amount of their deposits that were winding down their (i.e., branches that are not engaged in may not be insured. The ability to offer operations needed to calculate their domestic retail deposit activities that these benefits through a U.S. branch asset maintenance on a daily basis to require FDIC insurance) may be would provide a benefit to customers maintain compliance with the rule. interested in obtaining deposit Two of the commenters addressed and increase a foreign bank’s funding insurance but that certain statements the this revision. The ABA expressed options; FDIC made in the context of a 1998 final support for the amendment. The IIB, • Optional FDIC insurance is likely to rule may have had the effect of however, suggested that the mere be attractive primarily to foreign banks discouraging international banks from change of the longstanding quarterly already operating FDIC-insured applying for ‘‘optional’’ deposit calculation method would impose branches and subsidiaries in the U.S. insurance and that the FDIC should not systems and other burdens on insured and to a relatively small number of branches that it felt could be avoided by continue to discourage this effort. other foreign banks, especially those the FDIC continuing to resolve such In that 1998 final rule (63 FR 17056), seeking to serve particular ethnic situations on a case-by-case basis. The which accompanied the issuance of the markets. As a result, a more liberal IIB also suggested that the FDIC might FDIC’s existing foreign banking rules in policy likely would have a minimal consider a specific modification to the 1998, the FDIC observed that because effect on the deposit insurance fund; existing asset maintenance requirement section 5(b) of the FDI Act (12 U.S.C. and for branches that are winding down 1815(b)), addressing deposit insurance • Permitting wholesale branches to their operations. applications for U.S. branches of foreign obtain deposit insurance is consistent The FDIC has considered the banks, had not been repealed, it with the business model that has been comments, as well as the IIB’s arguably may be possible for a U.S. followed by some major U.S. banks that representations to FDIC staff that it is branch of a foreign bank that does not have retained insurance while focusing less difficult to calculate asset engage in domestic retail deposit on wholesale markets. maintenance, based on fixed liability activity to seek deposit insurance from Some of the arguments and numbers, than based on the daily assets the FDIC. The FDIC also observed, observations countering the IIB’s and liabilities of a branch, which can however, that as a practical matter, it arguments were: fluctuate, and has decided to retain the did not foresee many circumstances in • Difficulty in reconciling the idea substance of the asset maintenance which it could be appropriate for the that Congress imposed the subsidiary requirements specified in existing FDIC’s Board of Directors to approve requirement with regard to domestic section 347.211(a). In doing so, the FDIC such an application, but that the retail deposit activity requiring deposit notes that the daily calculation method elimination of the optional insurance insurance for the protection of the FDIC specified in the existing rule may be rule would not affect a foreign bank’s with the implicit assumption that used to address situations where the ability to argue that it may make such Congress did not believe such quarterly calculation method is an application under section 5(b) of the protection of the FDIC was needed with considered inappropriate from a FDI Act. Finally, the FDIC noted that the regard to wholesale branches of foreign supervisory perspective. This authority FDIC Board of Directors would have to banks because the first $100,000 of may be utilized, in the FDIC’s determine whether to actually accept customer deposits in a wholesale branch discretion, in instances where the and approve such an application, based would be insured to the same extent as current third-party liabilities of a branch on its review of the facts and deposits maintained in any other FDIC decline or increase substantially in circumstances involved, in addition to insured depository institution; relation to the average book value of the the pertinent legal and policy • Unlike bank subsidiaries, branches considerations. function as an integral part of the deposit less attractive to foreign banks but there are Among the arguments the IIB foreign bank itself and do not have their several other types of financial instruments advanced to support an expanded view own independent board of directors. specified in the rule, besides certificates of deposit, that can be pledged by foreign banks to meet the of the availability of deposit insurance Thus, the directors of a foreign bank are collateral requirements. for wholesale branches were: not usually subject to the U.S.

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jurisdiction, and domestic branch VI. Paperwork Reduction Act implement part 347. The rules in personnel essential to explaining certain In accordance with the requirements subpart A of part 347 address issues transactions could be transferred of the Paperwork Reduction Act of 1995 related to the international activities beyond the reach of U.S. authorities; (44 U.S.C. 3501 et seq.), the FDIC may and investments of insured state • Essential records could also be not conduct or sponsor, and the nonmember banks. In general, they difficult to reach if they are kept at the respondent is not required to respond implement the FDIC’s statutory head office or at branches in other to, an information collection unless it authority under section 18(d)(2) of the countries; displays a currently valid Office of Federal Deposit Insurance Act (FDI Act) • A U.S. branch could be subjected to Management and Budget (OMB) control (12 U.S.C. 1828(d)(2)), regarding requirements under foreign laws or to number. The FDIC has two OMB- branches of insured state nonmember political or economic decisions of a approved information collections banks in foreign countries, and section foreign government which conflict with (3064–0125, Foreign Branching and 18(l) of the FDI Act, regarding insured domestic bank regulatory policies; Investment by Insured State state nonmember bank investments in foreign entities. As of September 30, • Operating through a branch, as Nonmember Banks, and 3064–0114, Foreign Banks) that cover the paperwork 2004, there were approximately 4,800 opposed to subsidiary structure, allows state nonmember commercial banks, but foreign banks the ability to engage in burden associated with subparts A and B of part 347. The information fewer than 40 of those institutions transactions with the home office report having foreign offices. Available without significant operational collections in 3064–0125 consist of applications related to establishing and information indicates that state restrictions that might otherwise be nonmember banks with foreign applied to transactions with affiliates of closing a foreign branch; applications related to acquiring stock of a foreign investments or foreign branches are not insured U.S. banks; and small entities. • organization; and records and reports Due to the operating relationship of The final rule also makes revisions to a branch to its home office and which a nonmember bank must maintain once it has established a update, reorganize, and clarify the dependence on the home office for existing rules in subpart B of part 347, financial support, the insolvency of a foreign branch or foreign organization. The information collections in 3064– as well as additional revisions and foreign bank with a multinational amendments that address supervisory branch structure will result in the 0114 consist of applications to operate as a noninsured state-licensed branch of issues. The rules in subpart B of part insolvency of the branches and this may 347 principally address issues related to pose complicated and time-consuming a foreign bank; applications from an insured state-licensed branch of a insured and noninsured U.S. branches issues regarding the resolution of the of foreign banks under section 6 of the branch that could more likely be foreign bank to conduct activities which are not permissible for a federally- International Banking Act (IBA) (12 avoided in situations involving banking U.S.C. 3104). As of December 31, 2004, subsidiaries. licensed branch; internal recordkeeping by insured branches of foreign banks; there were approximately 199 U.S. The FDIC received two comments and reporting requirements related to an branches of foreign banks, including 12 concerning this section. The CSBS insured branch’s pledge of assets to the insured branches. Of this number, there expressed support for the view that FDIC. This proposal to amend part 347, were approximately 90 U.S. branches of ‘‘optional insurance’’ is not specifically subparts A and B will not result in any foreign banks that appear to qualify as authorized by statute. The IIB indicated change in the current estimated small entities, including 6 insured that it continued to believe that the paperwork burden associated with the branches. The 12 insured branches are FDIC’s concerns, such as those regulation, therefore no submission has presently subject to the FDIC’s asset regarding the potential impact on the been made to OMB under the pledge requirement, which is revised in FDIC insurance fund, were misplaced or Paperwork Reduction Act. section 347.209 of the final rule. could be adequately addressed by other Although the revision of the asset means. The IIB also requested that no VII. Regulatory Flexibility Act pledge requirement to implement a risk- action be taken on its request to allow Under the Regulatory Flexibility Act based approach may result in an it to continue to explore ways to address (RFA), an agency must either prepare a increase in the amount of assets pledged the FDIC’s concerns. Final Regulatory Flexibility Analysis for insured branches with low As the FDIC has indicated above, (FRFA) for a final rule or certify that the supervisory ratings, the FDIC does not there are arguments that can be made for final rule will not have a significant believe this will affect the insured providing deposit insurance coverage to economic impact on a substantial branches that qualify as small entities. wholesale U.S. branches of foreign number of small entities. See 5 U.S.C. Other revisions to the rules affecting banks, as well as compelling arguments 604, 605(b). For purposes of the analysis noninsured branches are not substantive that can be made against providing such or certification, financial institutions and, thus, should have no significant coverage. Therefore, the FDIC has with assets of $150 million or less are economic impact on noninsured decided to maintain its previously considered ‘‘small entities.’’ The FDIC branches that qualify as small entities. stated position that, as a practical has reviewed the impact of this final VIII. Assessment of Federal Regulations matter, it does not foresee many rule on small banks and, for the reasons and Policies on Families circumstances in which it could be provided below, certifies that the final appropriate for the FDIC’s Board of rule will not have a significant The FDIC has determined that the Directors to approve such an application economic impact on a substantial final rule will not affect family well- and that the FDIC Board of Directors number of small entities. being within the meaning of section 654 would have to determine whether to The final rule makes primarily of the Treasury and General actually accept and approve such an technical revisions to update, Government Appropriations Act, application, based on its review of the reorganize, and clarify the existing rules enacted as part of the Omnibus facts and circumstances involved, in in subpart A of part 347 and subpart J Consolidated and Emergency addition to the pertinent legal and of part 303. Subpart J of part 303 Supplemental Appropriations Act of policy considerations. contains the procedural rules that 1999 (Pub. L. 105–277, 112 Stat. 2681).

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IX. Plain Language Requirement § 303.182 Establishing, moving or closing processing will be acknowledged in a foreign branch of an insured state writing by the FDIC and will receive Section 722 of the Gramm-Leach- nonmember bank. expedited processing, unless the Bliley Act (GLBA) (12 U.S.C. 4809), (a) Notice procedures for general applicant is notified in writing to the requires banking agencies to use plain consent. Notice in the form of a letter contrary and provided with the basis for language in all proposed and final rules from an eligible depository institution that decision. The FDIC may remove the published after January 1, 2000. The establishing or relocating a foreign application from expedited processing proposed rule requested comments on branch pursuant to § 347.117(a) of this for any of the reasons set forth in how the rule might be changed to reflect chapter must be provided to the § 303.11(c)(2) of this part. Absent such the requirements of GLBA. No GLBA appropriate FDIC office no later than 30 removal, an application processed comments were received. days after taking such action. The notice under expedited processing is deemed X. Small Business Regulatory must include the location of the foreign approved 45 days after receipt of a Enforcement Fairness Act branch, including a street address, and substantially complete application by a statement that the foreign branch has the FDIC, or on such earlier date The Office of Management and Budget not been located on a site on the World authorized by the FDIC in writing. has determined that the final rule is not Heritage List or on the foreign country’s (2) Standard processing. For those a ‘‘major rule’’ within the meaning of equivalent of the National Register of applications that are not processed the relevant sections of the Small Historic Places (National Register), in pursuant to the expedited procedures, Business Regulatory Enforcement accordance with section 402 of the the FDIC will provide the applicant Fairness Act of 1996 (SBREFA) (5 U.S.C. National Historic Preservation Act with written notification of the final 801 et seq.). As required by SBREFA, Amendments of 1980 (NHPA action when the decision is rendered. the FDIC will file the appropriate Amendments Act) (16 U.S.C. 470a–2). (d) Closing. Notices of branch closing reports with Congress and the General The FDIC will provide written under § 347.121 of this chapter, in the Accounting Office so that the final rule acknowledgment of receipt of the form of a letter including the name, may be reviewed. notice. location, and date of closing of the List of Subjects (b) Filing procedures for other branch closed branch, shall be filed with the establishments—(1) Where to file. An appropriate FDIC office no later than 30 12 CFR Part 303 applicant seeking to establish a foreign days after the branch is closed. Administrative practice and branch other than under § 347.117(a) of I 3. Amend § 303.183 by revising the procedure, Authority delegations this chapter shall submit an application section heading and paragraphs (a), (Government agencies), Bank deposit to the appropriate FDIC office. (b)(1), and (c)(1) to read as follows: insurance, Banks, banking, Reporting (2) Content of filing. A complete letter application must include the following § 303.183 Investment by insured state and recordkeeping requirements, nonmember banks in foreign organization. Savings associations. information: (i) The exact location of the proposed (a) Notice procedures for general 12 CFR Part 325 foreign branch, including the street consent. Notice in the form of a letter address, and a statement whether the from an eligible depository institution Banks, banking, Reporting and making direct or indirect investments in recordkeeping requirements. foreign branch will be located on a site on the World Heritage List or on the a foreign organization pursuant to 12 CFR Part 327 foreign country’s equivalent of the § 347.117(b) of this chapter shall be National Register, in accordance with provided to the appropriate FDIC office Bank deposit insurance, Banks, no later than 30 days after taking such banking, Savings associations. section 402 of the NHPA Amendments Act; action. The FDIC will provide written 12 CFR Part 347 (ii) Details concerning any acknowledgment of receipt of the involvement in the proposal by an notice. Authority delegations (Government insider of the applicant, as defined in (b) Filing procedures for other agencies), Bank deposit insurance, § 303.2(u) of this part, including any investments—(1) Where to file. An Banks, banking, Credit, Foreign banking, financial arrangements relating to fees, applicant seeking to make a foreign Investments, Reporting and the acquisition of property, leasing of investment other than under recordkeeping requirements, United property, and construction contracts; § 347.117(b) of this chapter shall submit States investments abroad. (iii) A brief description of the an application to the appropriate FDIC I For the reasons set forth above and applicant’s business plan with respect office. under the authority of 12 U.S.C. 1819(a) to the foreign branch; and * * * * * (Tenth), the FDIC Board of Directors (iv) A brief description of the (c) Processing—(1) Expedited hereby amends 12 CFR chapter III as proposed activities of the branch and, to processing for eligible depository follows: the extent any of the proposed activities institutions. An application filed under are not authorized by § 347.115 of this § 347.118(b) of this chapter by an PART 303—FILING PROCEDURES chapter, the applicant’s reasons why eligible depository institution as defined they should be approved. in § 303.2(r) of this part seeking to make Subpart J—International Banking (3) Additional information. The FDIC direct or indirect investments in a I 1. The authority citation for part 303 is may request additional information to foreign organization will be revised to read as follows: complete processing. acknowledged in writing by the FDIC (c) Processing—(1) Expedited and will receive expedited processing, Authority: 12 U.S.C. 378, 1813, 1815, 1817, processing for eligible depository unless the applicant is notified in 1818, 1819 (Seventh and Tenth), 1820, 1823, institutions. An application filed under writing to the contrary and provided 1828, 1831a, 1831e, 1831o, 1831p–1, 1831w, § 347.118(a) of this chapter by an with the basis for that decision. The 1835a, 1843(l), 3104, 3105, 3108, 3207; 15 eligible depository institution as defined FDIC may remove the application from U.S.C. 1601–1607. in § 303.2(r) of this part seeking to expedited processing for any of the I 2. Revise § 303.182 to read as follows: establish a foreign branch by expedited reasons set forth in § 303.11(c)(2) of this

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part. Absent such removal, an § 303.186 Exemptions from insurance (ii) Maintains the eligible assets application processed under expedited requirements for a state branch of a foreign prescribed under § 347.210 of this processing is deemed approved 45 days bank. chapter at 108 percent or more of the after receipt of a substantially complete (a) Filing procedures— (1) Where to preceding quarter’s average book value application by the FDIC, or on such file. An application by a foreign bank for of the insured branch’s third-party earlier date authorized by the FDIC in consent to operate as a noninsured state liabilities; and writing. branch, as permitted by § 347.215(b) of (iii) Has not received written * * * * * this chapter, shall be submitted in notification from: writing to the appropriate FDIC office. (A) The OCC to increase its capital I 4. Amend § 303.184 to revise * * * * * equivalency deposit pursuant to 12 CFR paragraph (b)(1) and add paragraph (e) to I 6. Amend § 303.187 to revise the 28.15(b), or to comply with asset read as follows: section heading and paragraphs (a)(1), maintenance requirements pursuant to § 303.184 Moving an insured branch of a (a)(2)(iv) and (b)(1) to read as follows: 12 CFR 28.20; or foreign bank. (B) The FDIC to pledge additional § 303.187 Approval for an insured state assets pursuant to § 347.209 of this * * * * * branch of a foreign bank to conduct chapter or to maintain a higher ratio of (b) Processing—(1) Expedited activities not permissible for federal eligible assets pursuant to § 347.210 of branches. processing for eligible insured branches. this chapter. An application filed by an eligible (a) Filing procedures—(1) Where to (2) Adequately capitalized if the insured branch as defined in file. An application by an insured state insured branch: § 303.181(c) of this part will be branch seeking approval to conduct (i) Maintains the pledge of assets acknowledged in writing by the FDIC activities not permissible for a federal required under § 347.209 of this chapter; and will receive expedited processing if branch, as required by § 347.212(a) of and the applicant is proposing to move this chapter, shall be submitted in (ii) Maintains the eligible assets within the same state, unless the writing to the appropriate FDIC office. prescribed under § 347.210 of this applicant is notified to the contrary and (2) * * * chapter at 106 percent or more of the provided with the basis for that (iv) A statement by the applicant of preceding quarter’s average book value decision. The FDIC may remove an whether it is in compliance with of the insured branch’s third-party application from expedited processing sections 347.209 and 347.210 of this liabilities; and for any of the reasons set forth in chapter; (iii) Does not meet the definition of a § 303.11(c)(2) of this part. Absent such * * * * * well capitalized insured branch. removal, an application processed (b) Divestiture or cessation—(1) (3) Undercapitalized if the insured under expedited processing will be Where To file. Divestiture plans branch: deemed approved on the latest of the necessitated by a change in law or other (i) Fails to maintain the pledge of following: authority, as required by § 347.212(e) of assets required under § 347.209 of this this chapter, shall be submitted in chapter; or (i) The 21st day after the FDIC’s writing to the appropriate FDIC office. (ii) Fails to maintain the eligible receipt of a substantially complete * * * * * assets prescribed under § 347.210 of this application; or chapter at 106 percent or more of the (ii) The 5th day after expiration of the PART 325—CAPITAL MAINTENANCE preceding quarter’s average book value comment period described in paragraph of the insured branch’s third-party (c) of this section. I 7. The authority citation for part 325 liabilities. continues to read as follows: * * * * * (4) Significantly undercapitalized if it Authority: 12 U.S.C. 1815(a), 1815(b), fails to maintain the eligible assets (e) Relocation of insured branch from 1816, 1818(a), 1818(b), 1818(c), 1818(t), 1819 prescribed under § 347.210 of this one state to another. If the foreign bank (Tenth), 1828(c), 1828(d), 1828(i), 1828(n), chapter at 104 percent or more of the proposes to relocate an insured state 1828(o), 1831o, 1835, 3907, 3909, 4808; Pub. preceding quarter’s average book value branch to a state that is outside the state L. 102–233, 105 Stat. 1761, 1789, 1790 (12 of the insured branch’s third-party where the branch is presently located, U.S.C. 1831n note); Pub. L. 102–242, 105 liabilities. in addition to meeting the approval Stat. 2236, 2355, as amended by Pub. L. 103– (5) Critically undercapitalized if it 325, 108 Stat. 2160, 2233 (12 U.S.C. 1828 criteria contained in paragraph (d) of fails to maintain the eligible assets this section, the foreign bank must: note); Pub. L. 102–242, 105 Stat. 2236, 2386, as amended by Pub. L. 102–550, 106 Stat. prescribed under § 347.210 of this (i) Comply with any applicable state 3672, 4089 (12 U.S.C. 1828 note). chapter at 102 percent or more of the laws or regulations of the states affected I 8. Amend § 325.103 to revise preceding quarter’s average book value by the proposed relocation; and paragraph (c) to read as follows: of the insured branch’s third-party (ii) Obtain any required regulatory liabilities. approvals from the appropriate state § 325.103 Capital measures and capital * * * * * category definitions. licensing authority of the state to which the insured branch proposes to relocate * * * * * PART 327—ASSESSMENTS (c) Capital categories for insured before relocating the existing branch I 9. The authority citation for part 327 branches of foreign banks. For purposes operations and surrendering its existing continues to read as follows: license to the appropriate state licensing of the provisions of section 38 and this subpart, an insured branch of a foreign Authority: 12 U.S.C. 1441, 1441b, 1813, authority of the state from which the 1815, 1817–1819; Pub. L. 104–208, 110 Stat. branch is relocating. bank shall be deemed to be: (1) Well capitalized if the insured 3009–479 (12 U.S.C. 1821). * * * * * branch: I 10. In § 327.4, revise paragraphs I 5. Amend § 303.186 to revise the (i) Maintains the pledge of assets (a)(1)(i)(B)(1), (a)(1)(i)(B)(2), section heading and paragraph (a)(1) to required under § 347.209 of this chapter; (a)(1)(ii)(B)(1), and (a)(1)(ii)(B)(2) to read read as follows: and as follows:

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§ 327.4 Annual assessment rate. 347.116 Recordkeeping and supervision of nonmember banks, as well as the FDIC’s (a) * * * the foreign activities of insured state requirements for establishing, operating, (1) * * * nonmember banks. relocating and closing of branches in (i) * * * 347.117 General consent. foreign countries. 347.118 Expedited processing. (B) * * * 347.119 Specific consent. § 347.102 Definitions. (1) Maintains the pledge of assets 347.120 Computation of investment For the purposes of this subpart: required under § 347.209 of this chapter; amounts. and 347.121 Requirements for insured state (a) An affiliate of an insured state (2) Maintains the eligible assets nonmember bank to close a foreign nonmember bank means: prescribed under § 347.210 of this branch. (1) Any entity of which the insured chapter at 108 percent or more of the 347.122 Limitations applicable to the state nonmember bank is a direct or average book value of the insured authority provided in this subpart. indirect subsidiary or which otherwise branch’s third-party liabilities for the Subpart B—Foreign Banks controls the insured state nonmember bank; quarter ending on the report date 347.201 Authority, purpose, and scope. specified in paragraph (a)(1) of this (2) Any organization which is a direct 347.202 Definitions. or indirect subsidiary of such entity or section. 347.203 Deposit insurance required for all which is otherwise controlled by such (ii) * * * branches of foreign banks engaged in (B) * * * domestic retail deposit activity in the entity; or (3) Any other organization that is a (1) Maintains the pledge of assets same state. direct or indirect subsidiary of the required under § 347.209 of this chapter; 347.204 Commitment to be examined and insured state nonmember bank or is and provide information. 347.205 Record maintenance. otherwise controlled by the insured (2) Maintains the eligible assets 347.206 Domestic retail deposit activity state nonmember bank. prescribed under § 347.210 of this requiring deposit insurance by U.S. (b) Control means the ability to chapter at 106 percent or more of the branch of a foreign bank. control in any manner the election of a average book value of the insured 347.207 Disclosure of supervisory majority of an organization’s directors or branch’s third-party liabilities for the information to foreign supervisors. trustees; or the ability to exercise a quarter ending on the report date 347.208 Assessment base deductions by controlling influence over the specified in paragraph (a)(1) of this insured branch. management and policies of an section; and 347.209 Pledge of assets. 347.210 Asset maintenance. organization. An insured state * * * * * 347.211 Examination of branches of foreign nonmember bank is deemed to control I 11. Revise part 347 to read as follows: banks. an organization of which it is a general 347.212 FDIC approval to conduct activities partner or its affiliate is a general PART 347—INTERNATIONAL that are not permissible for federal partner. BANKING branches. (c) Domestic means United States. 347.213 Establishment or operation of (d) Eligible insured state nonmember Subpart A—Foreign Banking and noninsured foreign branch. Investment by Insured State 347.214 Branch established under section 5 bank means an eligible depository Nonmember Banks of the International Banking Act. institution as defined in § 303.2(r) of 347.215 Exemptions from deposit insurance this chapter. Sec. requirement. (e) Equity interest means any 347.101 Authority, purpose, and scope. 347.216 Depositor notification. ownership interest or rights in an 347.102 Definitions. Subpart C—International Lending organization, whether through an equity 347.103 Effect of state law on actions taken security, contribution to capital, general under this subpart. 347.301 Purpose, authority, and scope. or limited partnership interest, debt or 347.104 Insured state nonmember bank 347.302 Definitions. warrants convertible into ownership investment in foreign organizations. 347.303 Allocated transfer risk reserve. 347.105 Permissible financial activities 347.304 Accounting for fees on interests or rights, loans providing profit outside the United States. international loans. participation, binding commitments to 347.106 Going concerns. 347.305 Reporting and disclosure of acquire any such items, or some other 347.107 Joint ventures. international assets. form of business transaction. 347.108 Portfolio investments. Authority: 12 U.S.C. 1813, 1815, 1817, (f) Equity security means voting or 347.109 Limitations on indirect 1819, 1820, 1828, 3103, 3104, 3105, 3108, nonvoting shares, stock, investment investments in nonfinancial 3109; Title IX, Pub. L. 98—181, 97 Stat. 1153. contracts, or other interests representing organizations. ownership or participation in a 347.110 Affiliate holdings. § 347.101 Authority, purpose, and scope. company or similar enterprise, as well 347.111 Underwriting and dealing limits (a) This subpart is issued pursuant to applicable to foreign organizations held as any instrument convertible to any by insured state nonmember banks. section 18(d) and (l) of the Federal such interest at the option of the holder 347.112 Restrictions applicable to foreign Deposit Insurance Act (12 U.S.C. without payment of substantial organizations that act as futures 1828(d), 1828(l)). additional consideration. commission merchants. (b) The rules in subpart A address the (g) FRB means the Board of Governors 347.113 Restrictions applicable to activities FDIC’s requirements for insured state of the Federal Reserve System. by a foreign organization in the United nonmember bank investments in foreign (h) Foreign bank means an States. organizations, permissible foreign organization that is organized under the 347.114 Extensions of credit to foreign financial activities, loans or extensions laws of a foreign country, a territory of organizations held by insured state of credit to or for the account of foreign the United States, Puerto Rico, Guam, nonmember banks; shares of foreign organizations held in connection with organizations, and the FDIC’s American Samoa, or the Virgin Islands debts previously contracted. recordkeeping, supervision, and that: 347.115 Permissible activities for a foreign approval requirements. The rules also (1) Is recognized as a bank by the bank branch of an insured state nonmember address the permissible activities for supervisory or monetary authority of the bank. foreign branches of insured state country of its organization or the

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country in which its principal banking than those relating to the personnel and to compliance with any attendant operations are located; premises of the representative office. restrictions in 12 CFR 225.28(b). (2) Receives deposits to a substantial (t) Subsidiary means any organization (4) Acting as a fiduciary, subject to extent in the regular course of its more than 50 percent of the voting compliance with any attendant business; and equity interests of which are directly or restrictions in 12 CFR 225.28(b). (3) Has the power to accept demand indirectly held by another organization. (5) Underwriting credit life, credit deposits. (u) Tier 1 capital means Tier 1 capital accident and credit health insurance. (i) Foreign banking organization as defined in § 325.2 of this chapter. (6) Performing services for other means a foreign organization that is (v) Well capitalized means well direct or indirect operations of a formed for the sole purpose of either capitalized as defined in § 325.103 of domestic banking organization, holding shares of a foreign bank or this chapter. including representative functions, sale performing nominee, fiduciary, or other of long-term debt, name saving, banking services incidental to the § 347.103 Effect of state law on actions taken under this subpart. liquidating assets acquired to prevent activities of a foreign branch or foreign loss on a debt previously contracted in bank affiliate of the insured state A bank may acquire and retain equity good faith, and other activities that are nonmember bank. interests in a foreign organization or permissible for a bank holding company (j) Foreign branch means an office or establish a foreign branch, subject to the under sections 4(a)(2)(A) and 4(c)(1)(C) place of business located outside the requirements of this subpart, if it is of the Bank Holding Company Act. United States, its territories, Puerto authorized to do so by the law of the (7) Holding the premises of a branch Rico, Guam, American Samoa, the Trust state in which the bank is chartered. of an Edge corporation or insured state Territory of the Pacific Islands, or the § 347.104 Insured state nonmember bank nonmember bank or the premises of a Virgin Islands, at which banking investments in foreign organizations. direct or indirect subsidiary, or holding operations are conducted, but does not (a) Investment in foreign banks or or leasing the residence of an officer or include a representative office. foreign banking organizations. A bank employee of a branch or a subsidiary. (k) Foreign country means any may directly or indirectly acquire and (8) Providing investment, financial, or country other than the United States retain equity interests in a foreign bank economic services, subject to and includes any territory, dependency, or foreign banking organization. compliance with any attendant or possession of any such country or of (b) Investment in other foreign restrictions in 12 CFR 225.28(b). the United States. organizations. A bank may only: (1) (9) General insurance agency and (l) Foreign organization means an acquire and retain equity interests in brokerage. organization that is organized under the foreign organizations, other than foreign (10) Data processing. laws of a foreign country. banks or foreign banking organizations (11) Organizing, sponsoring, and (m) Insured state nonmember bank or in amounts of 50 percent or less of the managing a mutual fund if the fund’s bank means a state bank, as defined by foreign organization’s voting equity shares are not sold or distributed in the § 3(a)(2) of the Federal Deposit interests, if the equity interest is held United States or to U.S. residents and Insurance Act (12 U.S.C. 1813(a)(2)), through a domestic or foreign the fund does not exercise management whose deposits are insured by the FDIC subsidiary; and control over the firms in which it and that is not a member of the Federal (2) The bank meets its minimum invests. Reserve System. capital requirements. (12) Performing management (n) Indirectly means investments held consulting services, provided that such or activities conducted by a subsidiary § 347.105 Permissible financial activities services when rendered with respect to of an organization. outside the United States. the domestic market must be restricted (o) Investment grade means a security (a) Limitation on authorized activities. to the initial entry. that is rated in one of the four highest A bank may not directly or indirectly (13) Underwriting, distributing, and categories by: acquire or hold equity interests in a dealing in debt securities outside the (1) Two or more NRSROs; or foreign organization that will result in United States. (2) One NRSRO if the security is rated the bank and its affiliates: (14) With the prior approval of the by only one NRSRO. (1) Holding more than 50 percent, in FDIC under section 347.119(d), (p) Loan or extension of credit means the aggregate, of the voting equity underwriting, distributing, and dealing all direct and indirect advances of funds interest in such foreign organization; or in equity securities outside the United to a person, government, or entity made (2) Controlling such foreign States. on the basis of any obligation of that organization, unless the activities of a (15) Operating a travel agency in person, government, or entity to repay foreign organization are limited to those connection with financial services funds. authorized under paragraph (b) of this offered outside the United States by the (q) Organization or entity means a section. bank or others. corporation, partnership, association, (b) Authorized activities. The (16) Providing futures commission bank, or other similar entity. following financial activities are merchant services, subject to (r) NRSRO means a nationally authorized outside the United States: compliance with any attendant recognized statistical rating organization (1) Commercial and other banking restrictions in 12 CFR 225.28(b). as designated by the Securities and activities. (17) Engaging in activities that the Exchange Commission. (2) Financing, including commercial FRB has determined in Regulation Y (12 (s) Representative office means an financing, consumer financing, CFR 225.28(b)) are closely related to office that engages solely in mortgage banking, and factoring, subject banking under section 4(c)(8) of the representative functions such as to compliance with any attendant Bank Holding Company Act. soliciting new business for its home restrictions contained in 12 CFR (18) Engaging in other activities, with office or acting as liaison between the 225.28(b). the prior approval of the FDIC. home office and local customers, but (3) Leasing real or personal property, (c) Limitation on activities authorized which has no authority to make acting as agent, broker or advisor in under Regulation Y. If a bank relies business or contracting decisions other leasing real or personal property, subject solely on the cross-reference to

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Regulation Y contained in paragraph foreign organization must be on which underwrite, deal, or distribute (b)(17) of this section as authority to substantially the same terms, including equity securities outside the United engage in an activity, compliance with interest rates and collateral, as those States as authorized by § 347.105(b)(14) any attendant restrictions on the activity prevailing at the same time for is subject to the following limitations: that are contained in 12 CFR 225.28(b) comparable transactions between the (a) Underwriting commitment limits. is required. bank or its affiliates and nonaffiliated (1) The aggregate underwriting (d) Approval of other activities. organizations. commitments by the foreign Activities that are not specifically (b) Portfolio investment defined. For organizations for the equity securities of authorized by this section, but that are purposes of this section, the term a single entity, taken together with authorized by 12 CFR 211.10 or FRB ‘‘portfolio investment’’ means an underwriting commitments by any interpretations of activities authorized investment in an organization in which affiliate of the bank under the authority by that section, may be authorized by less than 20 percent of the voting equity of 12 CFR 211.10(b), may not exceed the specific consent of the FDIC on an interests, in the aggregate, are directly or lesser of $60 million or 25 percent of the individual basis and upon such terms indirectly held by a bank or its affiliates. bank’s Tier 1 capital, except as and conditions as the FDIC may otherwise provided in this paragraph. § 347.109 Limitations on indirect consider appropriate. Activities that (2) Underwriting commitments in investments in nonfinancial foreign excess of this limit must be either: will be engaged in as principal (defined organizations. by reference to section 362.1(b) of this (i) Covered by binding commitments (a) A bank may, through a subsidiary chapter), and that are not authorized by from subunderwriters or purchasers; or authorized by §§ 347.105 or 347.106, or 12 CFR 211.10 or FRB interpretations of (ii) Deducted from the capital of the an Edge corporation if also authorized activities authorized under that section, bank, with at least 50 percent of the by the FRB, acquire and hold equity must satisfy the requirements of part deduction being taken from Tier 1 interests in foreign organizations that 362 of this chapter and be approved by capital, with the bank remaining well are not foreign banks or foreign banking the FDIC under this part as well as part capitalized after this deduction. organizations and that engage generally 362 of this chapter. (b) Distribution and dealing limits. in activities beyond those listed in The equity securities of any single entity § 347.106 Going concerns. § 347.105(b), subject to the following: held for distribution or dealing by the Going concerns. If a bank acquires an (1) The amount of the investment foreign organizations, taken together equity interest in a foreign organization does not exceed 15 percent of the bank’s with equity securities held for that is a going concern, no more than 5 Tier 1 capital; distribution or dealing by any affiliate of (2) The aggregate holding of voting percent of either the consolidated assets the bank under the authority of 12 CFR equity interests of one foreign or revenues of the foreign organization 211.10: organization by the bank and its may be attributable to activities that are (1) May not exceed the lesser of $30 affiliates must be less than: not permissible under § 347.105(b). million or 5 percent of the bank’s Tier (i) 20 percent of the foreign 1 capital, subject to the following: § 347.107 Joint ventures. organization’s voting equity interests; (i) Any equity securities acquired (a) Joint ventures. If a bank, directly and pursuant to any underwriting or indirectly, acquires or holds an (ii) 40 percent of the foreign commitment extending up to 90 days equity interest in a foreign organization organization’s voting and nonvoting after the payment date for the that is a joint venture, and the bank or equity interests; underwriting may be excluded from this (b) The bank or its affiliates must not its affiliates do not control the foreign limit; otherwise control the foreign organization, no more than 10 percent of (ii) Any equity securities of the entity organization; and either the consolidated assets or held under the authority of §§ 347.105 (c) Loans or extensions of credit made through 347.109 or 12 CFR 211.10 for revenues of the foreign organization by the bank and its affiliates to the may be attributable to activities that are purposes other than distribution or foreign organization must be on dealing must be included in this limit; not permissible under § 347.105(b). substantially the same terms, including (b) Joint venture defined. For and interest rates and collateral, as those purposes of this section, the term ‘‘joint (iii) Up to 75 percent of the position prevailing at the same time for venture’’ means any organization in in an equity security may be reduced by comparable transactions between the which 20 percent or more but not in netting long and short positions in the bank or its affiliates and nonaffiliated excess of 50 percent of the voting equity same security, or offsetting cash organizations. interests, in the aggregate, are directly or positions against derivative instruments indirectly held by a bank or its affiliates. § 347.110 Affiliate holdings. referenced to the same security so long as the derivatives are part of a prudent § 347.108 Portfolio investments. References in §§ 347.107, 347.108, and 347.109 to equity interests of hedging strategy; and (a) Portfolio investments. If a bank, foreign organizations held by an affiliate (2) Must be included in calculating directly or indirectly, acquires or holds of a bank include equity interests held the general consent limits under an equity interest in a foreign in connection with an underwriting or § 347.117(b)(3) if the bank relies on the organization as a portfolio investment for distribution or dealing by an affiliate general consent provisions as authority and the foreign organization is not permitted to do so by §§ 362.8 or 362.18 to acquire equity interests of the same controlled, directly or indirectly, by the of this chapter or section 4(c)(8) of the foreign entity for investment or trading. (c) Additional distribution and bank or its affiliates: Bank Holding Company Act (12 U.S.C. (1) No more than 10 percent of either dealing limits. With the exception of 1843(c)(8)). the consolidated assets or revenues of equity securities acquired pursuant to the foreign organization may be § 347.111 Underwriting and dealing limits any underwriting commitment attributable to activities that are not applicable to foreign organizations held by extending up to 90 days after the permissible under § 347.105(b); and insured state nonmember banks. payment date for the underwriting, (2) Any loans or extensions of credit A bank that holds an equity interest equity securities of a single entity held made by the bank and its affiliates to the in one or more foreign organizations for distribution or dealing by all

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affiliates of the bank (this includes § 347.113 Restrictions applicable to (a) Guarantees. Guarantee debts, or shares held in connection with an activities by a foreign organization in the otherwise agree to make payments on underwriting or for distribution or United States. the occurrence of readily ascertainable dealing by an affiliate permitted to do so (a) A bank, acting under the authority events including, without limitation, by §§ 362.8 or 362.18 of this chapter or provided in this subpart, may not nonpayment of taxes, rentals, customs section 4(c)(8) of the Bank Holding directly or indirectly hold: duties, or costs of transport and loss or Company Act), combined with any (1) Equity interests of any foreign nonconformance of shipping equity interests held for investment or organization that engages in the general documents, if: trading purposes by all affiliates of the business of buying or selling goods, (1) The guarantee or agreement bank, must conform to the limits of wares, merchandise, or commodities in specifies a maximum monetary liability; §§ 347.105 through 347.109. the United States; or and (d) Combined limits. The aggregate of (2) More than 5 percent of the equity (2) To the extent the guarantee or the following may not exceed 25 percent interests of any foreign organization that agreement is not subject to a separate of the bank’s Tier 1 capital: engages in activities in the United States amount limit under state or federal law, (1) All equity interests of foreign unless any activities in which the the amount of the guarantee or organizations held for investment or foreign organization engages in the agreement is combined with loans and trading under § 347.109 or by an affiliate United States are incidental to its other obligations for purposes of of the bank under the corresponding international or foreign business. applying any legal lending limits. paragraph of 12 CFR 211.10. (b) For purposes of this section: (b) Government obligations. Engage in (2) All underwriting commitments (1) A foreign organization is not the following types of transactions with under paragraph (a) of this section, engaged in any business or activities in respect to the obligations of foreign taken together with all underwriting the United States unless it maintains an countries, so long as aggregate commitments by any affiliate of the office in the United States other than a investments, securities held in bank under the authority of 12 CFR representative office. connection with distribution and 211.10, after excluding the amount of (2) The following activities are dealing, and underwriting commitments any underwriting commitment: incidental to international or foreign do not exceed ten percent of the bank’s (i) Covered by binding commitments business: Tier 1 capital: from subunderwriters or purchasers (i) Activities that are permissible for (1) Underwrite, distribute and deal, under paragraph (a)(1) of this section or an Edge corporation in the United States invest in, or trade obligations of: the comparable provision of 12 CFR under 12 CFR 211.6; or (i) The national government of the 211.10; or (ii) Other activities approved by the country in which the branch is located (ii) Already deducted from the bank’s FDIC. or its political subdivisions; and capital under paragraph (a)(2) of this (ii) An agency or instrumentality of § 347.114 Extensions of credit to foreign such national government if supported section, or the appropriate affiliate’s organizations held by insured state capital under the comparable provisions by the taxing authority, guarantee, or nonmember banks; shares of foreign full faith and credit of the national of 12 CFR 211.10; and organizations held in connection with debts (3) All equity securities held for previously contracted. government. (2) Underwrite, distribute and deal, distribution or dealing under paragraph (a) Loans or extensions of credit. A invest in or trade obligations 1 rated as (b) of this section, taken together with bank that directly or indirectly holds all equity securities held for distribution investment grade of: equity interests in a foreign organization (i) The national government of any or dealing by any affiliate of the bank pursuant to the authority of this subpart foreign country or its political under the authority of 12 CFR 211.10, may make loans or extensions of credit subdivisions, to the extent permissible after reducing by up to 75 percent the to or for the accounts of the organization under the law of the issuing foreign position in any equity security by without regard to the provisions of country; and netting and offset, as permitted by section 18(j) of the FDI Act (12 U.S.C. (ii) An agency or instrumentality of paragraph (b)(1)(iii) of this section or the 1828(j)). the national government of any foreign comparable provision of 12 CFR 211.10. (b) Debts previously contracted. country to the extent permissible under § 347.112 Restrictions applicable to Equity interests acquired to prevent a the law of the issuing foreign country, foreign organizations that act as futures loss upon a debt previously contracted if supported by the taxing authority, commission merchants. in good faith are not subject to the guarantee, or full faith and credit of the (a) If a bank acquires or retains an limitations or procedures of this national government. equity interest in a foreign organization subpart; however, they must be (c) Local investments. (1) Acquire and that acts as a futures commission disposed of promptly but in no event hold local investments in: merchant pursuant to § 347.105(b)(16), later than two years after their (i) Equity securities of the central the foreign organization may not be a acquisition, unless the FDIC authorizes bank, clearinghouses, governmental member of an exchange or clearing retention for a longer period. entities, and government sponsored association that requires members to § 347.115 Permissible activities for a development banks of the country in guarantee or otherwise contract to cover foreign branch of an insured state which the branch is located; losses suffered by other members unless nonmember bank. (ii) Other debt securities eligible to the: In addition to its general banking meet local reserve or similar (1) Foreign organization’s liability powers and if permitted by the law of requirements; and does not exceed two percent of the the state in which the bank is chartered, (iii) Shares of automated electronic bank’s Tier 1 capital, or a foreign branch of a bank may conduct payment networks, professional (2) Bank has obtained the prior the following activities to the extent that approval of the FDIC under 1 If the obligation is an equity interest, it must be they are consistent with banking held through a subsidiary of the foreign branch and § 347.120(d). practices in a foreign country where the the insured state nonmember bank must meet its (b) [Reserved] bank maintains a branch: minimum capital requirements.

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societies, schools, and similar entities of risk assets, including loans and other the FDIC by the bank for examination necessary to the business of the branch. extensions of credit. Coverage should and other supervisory purposes. (2) Aggregate local investments (other extend to a substantial proportion of the (2) The FDIC may from time to time than those required by the law of the risk assets in the branch or foreign require a bank to make and submit such foreign country or permissible under organization, and include the status of reports and information as may be section 5136 of the Revised Statutes (12 all large credit lines and of credits to necessary to implement and enforce the U.S.C. 24 (Seventh)) by all the bank’s customers also borrowing from other provisions of this subpart, and the bank branches in a single foreign country offices or affiliates of the bank. shall submit an annual report of must not exceed 1 percent of the total Appropriate information on risk assets condition for each foreign branch deposits in all the bank’s branches in may include: pursuant to instructions provided by the that country as reported in the (i) A recent financial statement of the FDIC. preceding year-end Report of Income borrower or obligee and current § 347.117 General consent. and Condition (Call Report): 2 information on the borrower’s or (a) General consent to establish or (d) Insurance. Act as an insurance obligee’s financial condition; relocate a foreign branch. General agent or broker. (ii) Terms, conditions, and collateral; consent of the FDIC is granted, subject (e) Employee benefits program. Pay to (iii) Data on any guarantors; an employee of a branch, as part of an to the written notification requirement (iv) Payment history; and contained in section 303.182(a) and employee benefits program, a greater (v) Status of corrective measures rate of interest than that paid to other consistent with the requirements of this employed. subpart, for an: depositors of the branch. (2) Liquidity. To enable assessment of (f) Repurchase agreements. Engage in (1) Eligible bank to establish a foreign local management’s ability to meet its repurchase agreements involving branch conducting activities authorized obligations from available resources, securities and commodities that are the by section 347.115 of this section in any reports should identify the general functional equivalents of extensions of foreign country in which: sources and character of the deposits, credit. (i) The bank already operates one or (g) Other activities. Engage in other borrowing, and other funding sources more foreign branches or foreign bank activities, with the prior approval of the employed in the branch or foreign subsidiaries; FDIC. organization with special reference to (ii) The bank’s holding company (h) Approval of other activities. their terms and volatility. Information operates a foreign bank subsidiary; or Activities that are not specifically should be available on sources of (iii) An affiliated bank or Edge or authorized by this section, but that are liquidity—cash, balances with banks, Agreement corporation operates one or authorized by 12 CFR 211.4 or FRB marketable securities, and repayment more foreign branches or foreign bank interpretations of activities authorized flows—such as will reveal their subsidiaries. by that section, may be authorized by accessibility in time and any risk (2) Insured state nonmember bank to relocate an existing foreign branch specific consent of the FDIC on an elements involved. within a foreign country. individual basis and upon such terms (3) Contingencies. Data on the volume (b) General consent to invest in a and conditions as the FDIC may and nature of contingent items such as loan commitments and guarantees or foreign organization. General consent of consider appropriate. Activities that the FDIC is granted, subject to the will be engaged in as principal (defined their equivalents that permit analysis of potential risk exposure and liquidity written notification requirement by reference to section 362.1(b) of this contained in section 303.183(a) (unless chapter), and that are not authorized by requirements. (4) Controls. Reports on the internal no notification is required because the 12 CFR 211.4 or FRB interpretations of investment is acquired for trading activities authorized under that section, and external audits of the branch or foreign organization in sufficient detail purposes) and consistent with the must satisfy the requirements of part requirements of this subpart, for an 362 of this chapter and be approved by to permit determination of conformance to auditing guidelines. Appropriate eligible bank to make investments in the FDIC under this part as well as part foreign organizations, directly or 362 of this chapter. audit reports may include coverage of: (i) Verification and identification of indirectly, if: § 347.116 Recordkeeping and supervision entries on financial statements; (1) The bank operates at least one foreign bank subsidiary or foreign of foreign activities of insured state (ii) Income and expense accounts, branch, an affiliated bank or Edge or nonmember banks. including descriptions of significant Agreement corporation operates at least (a) Records, controls and reports. A chargeoffs and recoveries; one foreign bank subsidiary or foreign bank with any foreign branch, any (iii) Operations and dual-control branch, or the bank’s holding company investment in a foreign organization of procedures and other internal controls; operates at least one foreign bank 20 percent or more of the organization’s (iv) Conformance to head office subsidiary in the country where the voting equity interests, or control of a guidelines on loans, deposits, foreign foreign organization must maintain a foreign organization will be located; exchange activities, accounting (2) In any instance where the bank system of records, controls and reports procedures in compliance with that, at minimum, provide for the and its affiliates will hold 20 percent or applicable accounting standards, and more of the foreign organization’s voting following: discretionary authority of local (1) Risk assets. To permit assessment equity interests or control the foreign management; organization, at least one state of exposure to loss, information (v) Compliance with local laws and furnished or available to the main office nonmember bank has a foreign bank regulations; and subsidiary or foreign branch (other than should be sufficient to permit periodic (vi) Compliance with applicable U.S. and systematic appraisals of the quality a shell branch) in the country where the laws and regulations. foreign organization will be located; 3 (b) Availability of information to 2 If a branch has recently been acquired by the and bank and the branch was not previously required examiners; reports. (1) Information to file a Call Report, branch deposits as of the about foreign branches or foreign 3 A list of these countries can be obtained from acquisition date must be used. organizations must be made available to the FDIC’s Internet Web Site at http://www.fdic.gov.

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(3) The investment is within one of (i) A bank would hold 20 percent or U.S.C. 1815(c) and 1820(b)(4)) and the following limits: more of the voting equity interests of a sections 6, 7, and 15 of the International (i) The investment is acquired at net foreign organization or control such Banking Act of 1978 (IBA)(12 U.S.C. asset value from an affiliate; organization as a result of a foreign 3104, 3105, and 3109). (ii) The investment is a reinvestment investment; or (b) This subpart implements the of cash dividends received from the (ii) A bank would be establishing a insured branch asset pledge and same foreign organization during the foreign branch. examination commitment requirement preceding 12 months; or (b) World Heritage site. A foreign for foreign banks in the FDI Act. It also (iii) The total investment, directly or branch of a bank would be located on implements the deposit insurance, indirectly, in a single foreign a site on the World Heritage List or on permissible activity, and cross-border organization in any transaction or series the foreign country’s equivalent of the cooperation provisions of the IBA of transactions during a twelve-month National Register of Historic Places, in regarding the FDIC. Sections 347.203– period does not exceed 2 percent of the accordance with section 403 of the 347.211 apply to state and federal bank’s Tier 1 capital, and such National Historic Preservation Act branches whose deposits are insured. investments in all foreign organizations Amendments of 1980 (16 U.S.C. 470a– Sections 347.204 and 347.207 are in the aggregate do not exceed: 2). applicable to depository institution (A) 5 percent of the bank’s Tier 1 (c) Modification or suspension of subsidiaries of a foreign bank. Section capital during a 12-month period; and general consent or expedited processing. 347.212 applies to insured state (B) Up to an additional 5 percent of The FDIC at any time notifies the bank branches and §§ 347.213–347.216 apply the bank’s Tier 1 capital if the that the FDIC is modifying or to state branches whose deposits are not investments are acquired for trading suspending its general consent or insured by the FDIC. purposes. expedited processing procedure. (d) Specific consent. Direct or indirect § 347.202 Definitions. § 347.118 Expedited processing. investments in or activities of foreign For the purposes of this subpart: (a) Expedited processing of branch organizations by banks, the (a) Affiliate means any entity that applications. An eligible bank may establishment of foreign branches or controls, is controlled by, or is under establish a foreign branch conducting issues regarding the types or amounts of common control with another entity. An activities authorized by § 347.115 in an activity that can be engaged in by entity shall be deemed to ‘‘control’’ additional foreign country, after foreign branches, which are not another entity if the entity directly or complying with the expedited authorized under §§ 347.117 or 347.118 indirectly owns, controls, or has the processing requirements contained in require prior review and specific power to vote 25 percent or more of any § 303.182(b) and (c)(1), if any of the consent of the FDIC. class of voting securities of the other following are located in two or more entity or controls in any manner the foreign countries: § 347.120 Computation of investment election of a majority of the directors or (1) Foreign branches or foreign bank amounts. trustees of the other entity. subsidiaries of the eligible bank; In computing the amount that may be (b) Branch means any office or place (2) Foreign branches or foreign bank invested in any foreign organization of business of a foreign bank located in subsidiaries of banks and Edge or under §§ 347.117 through 347.119, any any state of the United States at which Agreement corporations affiliated with investments held by an affiliate of a deposits are received. The term does not the eligible bank; and bank must be included. include any office or place of business (3) Foreign bank subsidiaries of the § 347.121 Requirements for insured state deemed by the state licensing authority eligible bank’s holding company. nonmember bank to close a foreign branch. or the Comptroller of the Currency to be (b) Expedited processing of an agency. A bank must comply with the written applications for investment in foreign (c) Deposit has the same meaning as notification requirement contained in organizations. An investment that does that term in section 3(l) of the Federal § 303.182(d) when it closes a foreign not qualify for general consent but is Deposit Insurance Act (12 U.S.C. branch. otherwise in conformity with the limits 1813(l)). and requirements of this subpart may be § 347.122 Limitations applicable to the (d) Depository means any insured made 45 days after an eligible bank files authority provided in this subpart. state bank, national bank, or insured a substantially complete application The FDIC may impose such branch. with the FDIC in compliance with the conditions on authority granted in this (e) Domestic retail deposit activity expedited processing requirements subpart as it considers appropriate. If a means the acceptance by a federal or contained in § 303.183(b) and (c)(1), or bank is unable or fails to comply with state branch of any initial deposit of less within such earlier time as authorized the requirements of this subpart or any than $100,000. by the FDIC. conditions imposed by the FDIC (f) Federal branch means a branch of a foreign bank established and operating § 347.119 Specific consent. regarding transactions under this subpart, the FDIC may require under the provisions of section 4 of the General consent and expedited termination of any activities or International Banking Act of 1978 (12 processing under this subpart do not divestiture of investments permitted U.S.C. 3102). (g) Foreign bank means any company apply in the following circumstances: under this subpart after giving the bank organized under the laws of a foreign (a) Limitation on access to notice and a reasonable opportunity to country, any territory of the United supervisory information in foreign be heard on the matter. country. States, Puerto Rico, Guam, American (1) Applicable law or practice in the Subpart B—Foreign Banks Samoa, the Northern Mariana Islands, or foreign country where the foreign the Virgin Islands, which engages in the organization or foreign branch would be § 347.201 Authority, purpose, and scope. business of banking. The term includes located would limit the FDIC’s access to (a) This subpart is issued pursuant to foreign commercial banks, foreign information for supervisory purposes; sections 5(c) and 10(b)(4) of the Federal merchant banks and other foreign and Deposit Insurance Act (FDI Act)(12 institutions that engage in banking

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activities usual in connection with the foundation or trust which is organized shall provide binding written business of banking in the countries under the laws of the United States or commitments (including a consent to where such foreign institutions are any state thereof, and: U.S. jurisdiction and designation of organized and operating. Except as (1) Whose securities are registered on agent for service, acceptable to the otherwise specifically provided by the a national securities exchange or quoted FDIC) to the following terms: Federal Deposit Insurance Corporation, on the National Association of (1) The FDIC will be provided with banks organized under the laws of a Securities Dealers Automated Quotation any information about the foreign bank foreign country, any territory of the System; or and its affiliates located outside of the United States, Puerto Rico, Guam, (2) Has annual gross revenues in United States that the FDIC requests to American Samoa, the Northern Mariana excess of $1,000,000 for the fiscal year determine: Islands, or the Virgin Islands which are immediately preceding the initial (i) The relationship between the U.S. insured banks other than by reason of deposit. branch or depository institution having an insured branch are not (q) A majority owned subsidiary subsidiary and its affiliates; and considered to be foreign banks for means a company the voting stock of (ii) The effect of such relationship on purposes of §§ 347.204, 347.205, which is more than 50 percent owned such U.S. branch or depository 347.209, and 347.210. or controlled by another company. institution subsidiary; (h) Foreign business means any entity (r) Noninsured branch means a branch (2) The FDIC will be allowed to including, but not limited to, a of a foreign bank deposits of which examine the affairs of any office, agency, corporation, partnership, sole branch are not insured in accordance branch or affiliate of the foreign bank proprietorship, association, foundation with the provisions of the Federal located in the United States and will be or trust, which is organized under the Deposit Insurance Act. provided any information requested to laws of a foreign country or any United (s) OCC means the Office of the determine: (i) The relationship between the U.S. States entity which is owned or Comptroller of the Currency. branch or depository institution controlled by an entity which is (t) Person means an individual, bank, subsidiary and such offices, agencies, organized under the laws of a foreign corporation, partnership, trust, branches or affiliates; and country or a foreign national. association, foundation, joint venture, (i) Foreign country means any country (ii) The effect of such relationship on pool, syndicate, sole proprietorship, such U.S. branch or depository other than the United States and unincorporated organization, or any includes any colony, dependency or institution subsidiary. other form of entity. (3) The FDIC will not process a possession of any such country. (u) Significant risk to the deposit (j) FRB means the Board of Governors deposit insurance application for any insurance fund shall be understood to U.S. branch or depository institution of the Federal Reserve System. be present whenever there is a high (k) Home state of a foreign bank subsidiary of a foreign bank if the probability that the Bank Insurance foreign bank fails to provide the written means the state so determined by the Fund administered by the FDIC may election of the foreign bank, or in commitments, consent to U.S. suffer a loss. jurisdiction, and designation of agent for default of such election, by the Board of (v) State means any state of the United Governors of the Federal Reserve service required by this section. States or the District of Columbia. (b) The FDIC will consider the System. (w) State branch means a branch of a (l) Immediate family member of a existence and extent of any prohibition foreign bank established and operating natural person means the spouse, father, or restrictions, if any, on its ability to under the laws of any state. mother, brother, sister, son or daughter utilize the commitments, consent to (x) Wholly owned subsidiary means a of that natural person. U.S. jurisdiction, and designation of (m) Initial deposit means the first company the voting stock of which is agent for service required by this deposit transaction between a depositor 100 percent owned or controlled by section, in determining whether to grant and the branch where there is no another company except for a nominal or deny a deposit insurance application existing deposit relationship. The initial number of directors’ shares. for the U.S. branch or depository deposit may be placed into different § 347.203 Deposit insurance required for institution subsidiary of the foreign deposit accounts or into different kinds all branches of foreign banks engaged in bank. In addition, the FDIC may of deposit accounts, such as demand, domestic retail deposit activity in the same consider any additional assurances or savings or time. Deposit accounts that State. commitments provided by the foreign are held by a depositor in the same right The FDIC will not insure deposits in bank, including that it will cooperate and capacity may be added together for any branch of a foreign bank unless the and assist the FDIC, without limitation, the purposes of determining the dollar foreign bank agrees that every branch by seeking to obtain waivers and amount of the initial deposit. established or operated by the foreign exemptions from applicable (n) Insured bank means any bank, bank in the same state that engages in confidentiality or secrecy restrictions or including a foreign bank with an domestic retail deposit activity will be requirements to enable the foreign bank insured branch, the deposits of which an insured branch. or its affiliates to make information are insured in accordance with the about the foreign bank and its affiliates provisions of the Federal Deposit § 347.204 Commitment to be examined located outside of the United States Insurance Act. and provide information. available to the FDIC for review. (o) Insured branch means a branch of (a) In connection with an application (c) The foreign bank’s commitments, a foreign bank any deposits of which for deposit insurance for a U.S. branch consent to U.S. jurisdiction, and branch are insured in accordance with or depository institution subsidiary of a designation of agent for service shall be the provisions of the Federal Deposit foreign bank that has been determined signed by an officer of the foreign bank Insurance Act. to be subject to comprehensive who has been so authorized by the (p) Large United States business consolidated supervision by the foreign bank’s board of directors and in means any entity including, but not appropriate Federal banking agency, as all instances will be executed in a limited to, a corporation, partnership, defined in section 3(q) of the FDI Act manner acceptable to the FDIC and shall sole proprietorship, association, (12 U.S.C. 1813(q)), the foreign bank be included with the branch or

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depository institution application for balances of less than $100,000 that § 347.208 Assessment base deductions by insurance. Any documents that are not require deposit insurance protection insured branch. in English shall be accompanied by an may be accepted or maintained in an Deposits in an insured branch to the English translation. insured branch of a foreign bank only if credit of the foreign bank or any of its such branch was an insured branch on § 347.205 Record maintenance. offices, branches, agencies, or wholly December 19, 1991. The records of each insured branch owned subsidiaries may be deducted shall be kept as though it were a (d) Change in ownership of from the assessment base of the insured separate entity, with its assets and grandfathered insured branch. The branch. grandfathered status of an insured liabilities separate from the other § 347.209 Pledge of assets. operations of the head office, other branch may not be transferred, except in branches or agencies of the foreign bank certain merger and acquisition (a) Purpose. A foreign bank that has and its subsidiaries or affiliates. Each transactions that the FDIC determines an insured branch must pledge assets insured branch must keep a set of are not designed, or motivated by the for the benefit of the FDIC or its accounts and records in the words and desire, to avoid compliance with section designee(s). Whenever the FDIC is figures of the English language that 6(d)(1) of the International Banking Act obligated under section 11(f) of the accurately reflects the business (12 U.S.C. 3104(d)(1)). Federal Deposit Insurance Act (12 transactions of the insured branch on a U.S.C. 1821(f)) to pay the insured § 347.207 Disclosure of supervisory deposits of an insured branch, the assets daily basis. A foreign bank that has information to foreign supervisors. more than one insured branch in a state pledged under this section must become may treat such insured branches as one (a) Disclosure by the FDIC. The FDIC the property of the FDIC and be used to entity for record-keeping purposes and may disclose information obtained in the extent necessary to protect the may designate one branch to maintain the course of exercising its supervisory deposit insurance fund. records for all the branches in the state. or examination authority to a foreign (b) Amount of assets to be pledged. (1) bank regulatory or supervisory For a newly insured branch, a foreign § 347.206 Domestic retail deposit activity authority, if the FDIC determines that bank must pledge assets equal to at least requiring deposit insurance by U.S. branch disclosure is appropriate for bank of a foreign bank. 5 percent of the liabilities of the branch, supervisory or regulatory purposes and based on the branch’s projection of its (a) Domestic retail deposit activity. To will not prejudice the interests of the liabilities at the end of each of the first initiate or conduct domestic retail United States. three years of operations. For all other deposit activity requiring deposit insured branches, a foreign bank must insurance protection in any state after (b) Confidentiality. Before making any pledge assets equal to the appropriate December 19, 1991, a foreign bank must disclosure of information pursuant to percentage applicable to the insured establish one or more insured U.S. bank paragraph (a) of this section, the FDIC subsidiaries for that purpose. will obtain, to the extent necessary, the branch, as determined by reference to (b) Exception. Paragraph (a) of this agreement of the foreign bank regulatory the risk-based assessment schedule section does not apply to any bank or supervisory authority to maintain the contained in this paragraph, of the organized under the laws of any confidentiality of such information to insured branch’s average liabilities for territory of the United States, Puerto the extent possible under applicable the last 30 days of the most recent 4 Rico, Guam, American Samoa, or the law. The disclosure or transfer of calendar quarter. Virgin Islands the deposits of which are information to a foreign bank regulatory (2) Risk-based assessment schedule. insured by the FDIC pursuant to the or supervisory authority under this The risk-based asset pledge required by Federal Deposit Insurance Act. section will not waive any privilege paragraph (b)(1) will be determined by (c) Grandfathered insured branches. applicable to the information that is utilizing the following risk-based Domestic retail deposit accounts with disclosed or transferred. assessment schedule:

Supervisory risk subgroup Asset maintenance level A (%) B (%) C (%)

Equal to or greater than 108% ...... 2 3 4 Equal to or greater than 106% ...... 4 5 6 Less than 106% ...... 6 7 8

The appropriate asset pledge three subgroups based on consideration addition, the FDIC will take into percentage will be determined based on by the FDIC of supervisory evaluations consideration such other information the supervisory risk subgroup and asset provided by the primary federal (such as state examination findings, if maintenance level applicable to the regulator for the insured branch. The appropriate) as it determines to be insured branch. supervisory evaluations include the relevant to the financial condition and (3) Supervisory risk factors. For results of examination findings by the the risk posed to the deposit insurance purposes of this section, within each primary federal regulator, as well as fund. The three supervisory subgroups asset maintenance group, each other information the primary federal are: institution will be assigned to one of regulator determines to be relevant. In

4 This average must be computed by using the previous business day are to be used in determining on the lesser of the principal amount (par value) or sum of the close of business figures for the 30 its average liabilities. In determining its average market value of such assets at the time of the calendar days of the most recent calendar quarter, liabilities, the insured branch may exclude original pledge and thereafter as of the last day of ending with and including the last day of the liabilities to other offices, agencies, branches, and the most recent calendar quarter. calendar quarter, divided by 30. For days on which wholly owned subsidiaries of the foreign bank. The the branch is closed, however, balances from the value of the pledged assets must be computed based

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(i) Subgroup ‘‘A’’. This subgroup be denominated in United States rating resolved in favor of the lower consists of financially sound dollars. A foreign bank shall be deemed rating); institutions with only a few minor to have pledged any such assets for the (6) Obligations of the African weaknesses; benefit of the FDIC or its designee at Development Bank, Asian Development (ii) Subgroup ‘‘B’’. This subgroup such time as any such asset is placed Bank, Inter-American Development consists of institutions that demonstrate with the depository, as follows: Bank, and the International Bank for weaknesses which, if not corrected, (1)(i) Negotiable certificates of deposit Reconstruction and Development; could result in significant deterioration that are payable in the United States and (7) Notes issued by bank and thrift of the institution and increased risk of that are issued by any state bank, holding companies, banks, or savings loss to the deposit insurance fund; and national bank, state or federal savings associations organized under the laws of (iii) Subgroup ‘‘C’’. This subgroup association, or branch of a foreign bank the United States or any state thereof or consists of institutions that pose a which has executed a valid waiver of notes issued by United States branches substantial probability of loss to the offset agreement or similar debt or agencies of foreign banks, provided, deposit insurance fund. instruments that are payable in the that the notes have a credit rating within (4) The FDIC may require a foreign United States and that are issued by any the top two rating bands of a nationally bank to pledge additional assets or to agency of a foreign bank which has recognized rating service (with any compute its pledge on a daily basis executed a valid waiver of offset conflict in a rating resolved in favor of whenever the FDIC determines that the agreement; provided, that the maturity the lower rating) and that they are condition of the foreign bank or the of any certificate or issuance is not payable in the United States, and insured branch is such that the assets greater than one year; and provided provided further, that the issuer is not pledged under this section will not further, that the issuing branch or an affiliate of the foreign bank pledging adequately protect the deposit insurance agency of a foreign bank is not an the note; or fund. In requiring a foreign bank to affiliate of the pledging bank or from the (8) Any other asset determined by the pledge additional assets, the FDIC will same country as the pledging bank’s FDIC to be acceptable. consult with the primary regulator for domicile; (e) Pledge agreement. A foreign bank the insured branch. Among the factors (ii) Non-negotiable certificates of shall not pledge any assets unless a to be considered in imposing these deposit, subject to the terms specified in pledge agreement in form and substance requirements are the concentration of paragraph (d)(1)(i) of this section other satisfactory to the FDIC has been risk to any one borrower or group of than the requirement of negotiability, executed by the foreign bank and the related borrowers, the concentration of that were pledged as collateral to the depository. The agreement, in addition transfer risk related to any one country, FDIC on March 18, 2005, until maturity to other terms not inconsistent with this including the country in which the according to the original terms of the paragraph (e), shall give effect to the foreign bank’s head office is located or existing deposit agreement. following terms: any other factor the FDIC determines is (2) Treasury bills, interest bearing (1) Original pledge. The foreign bank relevant. bonds, notes, debentures, or other direct shall place with the depository assets of (5) Each insured branch must obligations of or obligations fully the kind described in paragraph (d) of separately comply with the guaranteed as to principal and interest this section, having an aggregate value requirements of this section. A foreign by the United States or any agency or in the amount as required pursuant to bank which has more than one insured instrumentality thereof; paragraph (b) of this section. branch in a state may, however, treat all (3) Commercial paper that is rated P– (2) Additional assets required to be of its insured branches in the same state 1 or P–2, or their equivalent by a pledged. Whenever the foreign bank is as one entity and will designate one nationally recognized rating service; required to pledge additional assets for insured branch to be responsible for provided, that any conflict in a rating the benefit of the FDIC or its designees compliance with this section. shall be resolved in favor of the lower pursuant to paragraph (b)(4) of this (c) Depository. A foreign bank must rating; section, it shall deliver (within two place pledged assets for safekeeping at (4) Banker’s acceptances that are business days after the last day of the any depository which is located in any payable in the United States and that are most recent calendar quarter, unless state. However, a depository may not be issued by any state bank, national bank, otherwise ordered) additional assets of an affiliate of the foreign bank whose state or federal savings association, or the kind described in paragraph (d) of insured branch is seeking to use the branch or agency of a foreign bank; this section, having an aggregate value depository. A foreign bank must obtain provided, that the maturity of any in the amount required by the FDIC. the FDIC’s prior written approval of the acceptance is not greater than 180 days; (3) Substitution of assets. The foreign depository selected, and such approval and provided further, that the branch or bank, at any time, may substitute any may be revoked and dismissal of the agency issuing the acceptance is not an assets for pledged assets, and, upon depository required whenever the affiliate of the pledging bank or from the such substitution, the depository shall depository does not fulfill any one of its same country as the pledging bank’s promptly release any such assets to the obligations under the pledge agreement. domicile; foreign bank; provided, that: A foreign bank shall appoint and (5) General obligations of any state of (i) The foreign bank pledges assets of constitute the depository as its attorney the United States, or any county or the kind described in paragraph (d) of in fact for the sole purpose of municipality of any state of the United this section having an aggregate value transferring title to pledged assets to the States, or any agency, instrumentality, not less than the value of the pledged FDIC as may be required to effectuate or political subdivision of the foregoing assets for which they are substituted the provisions of paragraph (a) of this or any obligation guaranteed by a state and certified as such by the foreign section. of the United States or any county or bank; and (d) Assets that may be pledged. municipality of any state of the United (ii) The FDIC has not by written Subject to the right of the FDIC to States; provided, that such obligations notification to the foreign bank, a copy require substitution, a foreign bank may have a credit rating within the top two of which shall be provided to the pledge any of the kinds of assets listed rating bands of a nationally recognized depository, suspended or terminated the in this paragraph (d); such assets must rating service (with any conflict in a foreign bank’s right of substitution.

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(4) Delivery of other documents. (ii) Quarterly reports. Within ten (9) Release to the FDIC. Whenever the Concurrently with the pledge of any calendar days after the end of the most FDIC is obligated under section 11(f) of assets, the foreign bank will deliver to recent calendar quarter: the Federal Deposit Insurance Act to the depository all documents and (A) The depository shall provide to pay insured deposits of an insured instruments necessary or advisable to the appropriate regional director a branch, the FDIC by written certification effectuate the transfer of title to any written report specifying in reasonable shall so inform the depository; and the such assets and thereafter, from time to detail with respect to each asset depository, upon receipt of such time, at the request of the FDIC, deliver currently pledged (including any asset certification, shall thereupon promptly to the depository any such additional pledged to satisfy the requirements of release and transfer title to any pledged documents or instruments. The foreign paragraph (b)(4) of this section and assets to the FDIC or release such assets bank shall provide copies of all such identified as such), as of two business to the foreign bank, as specified in the documents described in this paragraph days after the end of the most recent certification. Upon release and transfer (e)(4) to the appropriate regional calendar quarter, the complete title, of title to all pledged assets specified in director concurrently with their delivery interest rate, series, serial number (if the certification, the depository shall be to the depository. any), principal amount (par value), discharged from any further obligation (5) Acceptance and safekeeping maturity date, and call date, provided, under the pledge agreement. responsibilities of the depository. (i) that if no substitution of any asset has (10) Interest earned on assets. The The depository will accept and hold any occurred during the reporting period, foreign bank may retain any interest assets pledged by the foreign bank the reporting need only specify that no earned with respect to the assets pursuant to the pledge agreement for substitution of assets has occurred; and currently pledged unless the FDIC by safekeeping free and clear of any lien, (B) The foreign bank shall provide as written notice prohibits retention of charge, right of offset, credit, or of two business days after the end of the interest by the foreign bank, in which preference in connection with any claim most recent calendar quarter to the case the notice shall specify the the depository may assert against the appropriate regional director a written disposition of any such interest. foreign bank and shall designate any report certified as correct by the foreign (11) Expenses of agreement. The FDIC such assets as a special pledge for the bank which sets forth the value of each shall not be required to pay any fees, benefit of the FDIC or its designee. The pledged asset and the aggregate value of costs, or expenses for services provided depository shall not accept the pledge of all such assets, which states that the by the depository to the foreign bank any such assets unless, concurrently aggregate value of all such assets is at pursuant to, or in connection with, the with such pledge, the foreign bank least equal to the amount required pledge agreement. delivers to the depository the pursuant to paragraph (b) of this section (12) Substitution of depository. The documents and instruments necessary and that all such assets are of the kind depository may resign, or the foreign for the transfer of title thereto as described in paragraph (d) of this bank may discharge the depository, provided in this part. section, and which states the average of from its duties and obligations under (ii) The depository shall hold any the pledge agreement by giving at least such assets separate from all other assets the liabilities of each insured branch of the foreign bank computed in the 60 days’ written notice thereof to the of the foreign bank or the depository. other party and to the appropriate Such assets may be held in book-entry manner and for the period prescribed in paragraph (b) of this section. regional director. The FDIC, upon 30 form but must at all times be segregated days’ written notice to the foreign bank on the records of the depository and (iii) Additional reports. The foreign bank shall, from time to time, as may be and the depository, may require the clearly identified as assets subject to the foreign bank to dismiss the depository if pledge agreement. required, provide to the appropriate regional director a written report in the the FDIC in its discretion determines (6) Reporting requirements of the that the depository is in breach of the insured branch and the depository. (i) form specified containing the information requested with respect to pledge agreement. The depository shall Initial reports. Upon the original pledge continue to function as such until the of assets as provided in paragraph (e)(1) any asset then currently pledged. (7) Access to assets. With respect to appointment of a successor depository of this section: becomes effective and the depository (A) The depository shall provide to any asset pledged pursuant to the has released to the successor depository the foreign bank and to the appropriate pledge agreement, the depository will the pledged assets and documents and FDIC regional director a written report provide representatives of the FDIC or instruments to effectuate transfer of title in the form of a receipt identifying each the foreign bank with access (during in accordance with the written asset pledged and specifying in regular business hours of the depository instructions of the foreign bank as reasonable detail with respect to each and at the location where any such asset approved by the FDIC. The appointment such asset the complete title, interest is held, without other limitation or by the foreign bank of a successor rate, series, serial number (if any), qualification) to all original instruments, documents, books, and records depository shall not be effective until: principal amount (par value), maturity (i) The FDIC has approved in writing evidencing or pertaining to any such date and call date; and the successor depository; and (B) The foreign bank shall provide to asset. (ii) A pledge agreement in form and the appropriate regional director a (8) Release upon the order of the substance satisfactory to the FDIC has written report certified as correct by the FDIC. The depository shall release to the been executed. foreign bank which sets forth the value foreign bank any pledged assets, as (13) Waiver of terms. The FDIC may of each pledged asset and the aggregate specified in a written notification of the by written order waive compliance by value of all such assets, and which appropriate regional director, upon the the foreign bank or the depository with states that the aggregate value of all such terms and conditions provided in such any term or condition of the pledge assets is at least equal to the amount notification, including without agreement. required pursuant to paragraph (b) of limitation the waiver of any requirement this section and that all such assets are that any assets be pledged by the foreign § 347.210 Asset maintenance. of the kind described in paragraph (d) bank in substitution of any released (a) An insured branch of a foreign of this section. assets. bank shall maintain on a daily basis

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eligible assets in an amount not less cases, copies of periodic memoranda § 347.211 Examination of branches of than 106 percent of the preceding that include an analysis of the foreign banks. quarter’s average book value of the borrower’s recent financial statements (a) Frequency of on-site examination. insured branch’s liabilities or, in the and a report on recent developments in Each branch or agency of a foreign bank case of a newly-established insured the borrower’s operations and shall be examined on-site at least once branch, the estimated book value of its borrowing relationships with the foreign during each 12-month period (beginning liabilities at the end of the first full bank generally would constitute on the date the most recent examination quarter of operation, exclusive of sufficient information. For other of the office ended) by: liabilities due to the foreign bank’s head borrowers, periodic memoranda must be (1) The FRB; office, other branches, agencies, offices, supplemented by information such as (2) The FDIC, if an insured branch; or wholly owned subsidiaries. The copies of recent financial statements, (3) The OCC, if the branch or agency Director of the Division of Supervision recent correspondence concerning the of the foreign bank is licensed by the and Consumer Protection or his borrower’s financial condition and OCC; or designee may impose a computation of repayment history, credit terms and (4) The state supervisor, if the office total liabilities on a daily basis in those collateral, data on any guarantors, and of the foreign bank is licensed or instances where it is found necessary for where necessary, the status of any chartered by the state. supervisory purposes. The FDIC Board corrective measures being employed; (b) 18-month cycle for certain small of Directors, after consulting with the institutions. (1) Mandatory standards. insured branch’s primary regulator, may (ii) Subsequent to the determination that an asset lacks sufficient credit The FDIC may conduct a full-scope, on- require that a higher ratio of eligible site examination at least once during assets be maintained if the financial information, an insured branch may not include the amount of that asset among each 18-month period, rather than each condition of the insured branch 12-month period as provided in warrants such action. Among the factors eligible assets until the FDIC determines that sufficient documentation exists. paragraph (a) of this section, if the which will be considered in requiring a insured branch: higher ratio of eligible assets are the Such a determination may be made either at the next federal examination, (i) Has total assets of $250 million or concentration of risk to any one less; borrower or group of related borrowers, or upon request of the insured branch, by the appropriate regional director; (ii) Has received a composite ROCA the concentration of transfer risk to any supervisory rating (which rates risk one country, including the country in (5) Any asset not in the insured management, operational controls, which the foreign bank’s head office is branch’s actual possession unless the compliance, and asset quality) of 1 or 2 located or any other factor the FDIC insured branch holds title to such asset at its most recent examination; determines is relevant. Eligible assets and the insured branch maintains (iii) Satisfies the requirement of either shall be payable in United States records sufficient to enable independent the following paragraph (b)(iii)(A) or dollars. verification of the insured branch’s (B): (b) In determining eligible assets for ownership of the asset, as determined at (A) The foreign bank’s most recently the purposes of compliance with the most recent state or federal reported capital adequacy position paragraph (a) of this section, the insured examination; consists of, or is equivalent to, Tier 1 branch shall exclude the following: (1) Any asset due from the foreign (6) Any intangible asset; and total risk-based capital ratios of at bank’s head office, or its other branches, (7) Any other asset not considered least 6 percent and 10 percent, agencies, offices or affiliates; bankable by the FDIC. respectively, on a consolidated basis; or (2) Any asset classified ‘‘Value (B) The insured branch has (c) A foreign bank which has more maintained on a daily basis, over the Impaired,’’ to the extent of the required than one insured branch in a state may Allocated Transfer Risk Reserves or past three quarters, eligible assets in an treat all of its insured branches in the amount not less than 108 percent of the equivalent write down, or ‘‘Loss’’ in the same state as one entity for purposes of most recent state or federal examination preceding quarter’s average third party compliance with paragraph (a) of this liabilities (determined consistent with report; section and shall designate one insured (3) Any deposit of the insured branch applicable federal and state law) and branch to be responsible for maintaining in a bank unless the bank has executed sufficient liquidity is currently available the records of the insured branches’ a valid waiver of offset agreement; to meet its obligations to third parties; (4) Any asset not supported by compliance with this section. (iv) Is not subject to a formal sufficient credit information to allow a (d) The average book value of the enforcement action or order by the FRB, review of the asset’s credit quality, as insured branch’s liabilities for a quarter FDIC, or the OCC; and determined at the most recent state or shall be, at the insured branch’s option, (v) Has not experienced a change in federal examination, as follows: either an average of the balances as of control during the preceding 12-month (i) Whether an asset has sufficient the close of business for each day of the period in which a full-scope, on-site credit information will be a function of quarter or an average of the balances as examination would have been required the size of the borrower and the location of the close of business on each but for this section. within the foreign bank of the Wednesday during the quarter. Quarters (2) Discretionary standards. In responsibility for authorizing and end on March 31, June 30, September determining whether an insured branch monitoring extensions of credit to the 30, and December 31 of any given year. that meets the standards of paragraph borrower. For large, well known For days on which the insured branch (b)(1) of this section should not be companies, when credit responsibility is is closed, balances from the previous eligible for an 18-month examination located in an office of the foreign bank business day are to be used. cycle pursuant to this paragraph (b), the outside the insured branch, the insured Calculations of the average book value FDIC may consider additional factors, branch must have adequate of the insured branch’s liabilities for a including whether: documentation to show that the asset is quarter shall be retained by the insured (i) Any of the individual components of good quality and is being supervised branch until the next federal of the ROCA supervisory rating of an adequately by the foreign bank. In such examination. insured branch is rated ‘‘3’’ or worse;

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(ii) The results of any off-site requirements contained in §§ 347.209 § 347.215 Exemptions from deposit monitoring indicate a deterioration in and 347.210. insurance requirement. the condition of the insured branch; (2) In the case of an application to (a) Deposit activities not requiring (iii) The size, relative importance, and initially engage in an activity, as insurance. A state branch will not be role of a particular insured branch when opposed to an application to continue to considered to be engaged in domestic reviewed in the context of the foreign conduct an activity, the insured state retail deposit activity that requires the bank’s entire U.S. operations otherwise branch shall not commence the activity foreign bank parent to establish an necessitate an annual examination; and until it has been approved in writing by insured U.S. bank subsidiary if the state (iv) The condition of the parent the FDIC pursuant to this part and the branch accepts initial deposits only in foreign bank gives rise to such a need. FRB, and any and all conditions an amount of less than $100,000 that are (c) Authority to conduct more imposed in such approvals have been derived solely from the following: (1) Individuals who are not citizens or frequent examinations. Nothing in satisfied. residents of the United States at the time paragraphs (a) and (b) of this section (e) Divestiture or cessation. (1) If an limits the authority of the FDIC to of the initial deposit; application for permission to continue (2) Individuals who: examine any insured branch as to conduct an activity is not approved (i) Are not citizens of the United frequently as it deems necessary. by the FDIC or the FRB, the applicant States; § 347.212 FDIC approval to conduct shall submit a plan of divestiture or (ii) Are residents of the United States; activities that are not permissible for federal cessation of the activity to the and branches. appropriate regional director. (iii) Are employed by a foreign bank, foreign business, foreign government, or (a) Scope. A foreign bank operating an (2) A foreign bank operating an recognized international organization; insured state branch which elects not to insured state branch which desires to (3) Persons (including immediate engage in or continue to engage in any apply to the FDIC for permission to family members of natural persons) to type of activity that is not permissible continue to conduct an activity which is whom the branch or foreign bank for a federal branch, pursuant to the rendered impermissible by any change (including any affiliate thereof) has National Bank Act (12 U.S.C. 21 et seq.) in statute, regulation, official bulletin or extended credit or provided other or any other federal statute, regulation, circular, written order or interpretation, nondeposit banking services within the official bulletin or circular, written or decision of a court of competent past twelve months or has entered into order or interpretation, or decision of a jurisdiction shall submit a plan of a written agreement to provide such court of competent jurisdiction, must divestiture or cessation to the services within the next twelve months; file a written application for permission appropriate regional director. (4) Foreign businesses, large United to conduct such activity with the FDIC. (3) All plans of divestitures or States businesses, and persons from (b) Exceptions. If the FDIC has already cessation required by this paragraph whom an Edge or agreement corporation determined, pursuant to part 362 of this must be completed within one year from may accept deposits under 12 CFR chapter, ‘‘Activities and Investment of the date of the disapproval, or within 211.6(a)(1); Insured State Banks,’’ that an activity such shorter period as the FDIC may (5) Any governmental unit, including does not present a significant risk to the direct. the United States government, any state affected deposit insurance fund, no (f) Procedures. Procedures for government, any foreign government application is required under paragraph applications under this section are set and any political subdivision or agency (a) of this section for a foreign bank out in section 303.187. of any of the foregoing, and recognized operating an insured branch to engage international organizations; or continue to engage in the same § 347.213 Establishment or operation of (6) Persons who are depositing funds activity. noninsured foreign branch. in connection with the issuance of a financial instrument by the branch for (c) Agency activities. A foreign bank (a) A foreign bank may establish or the transmission of funds or the operating an insured state branch is not operate a state branch, as provided by required to submit an application transmission of such funds by any state law, without federal deposit electronic means; and pursuant to paragraph (a) of this section insurance whenever: to engage in or continue engaging in an (7) Any other depositor, but only if: activity conducted as agent if the (1) The branch only accepts initial (i) The branch’s average deposits activity is: deposits in an amount of $100,000 or under this paragraph (a)(7) do not (1) permissible agency activity for a greater; or exceed one percent of the branch’s state-chartered bank located in the state (2) The branch meets the criteria set average total deposits, as calculated which the state-licensed insured branch forth in §§ 347.214 or 347.215. under paragraph (a)(7)(ii) if this section of the foreign bank is located; (de minimis exception). (b) [Reserved] (ii) For purposes of calculating this (2) permissible agency activity for a exception: state-licensed branch of a foreign bank § 347.214 Branch established under section 5 of the International Banking Act. (A) The branch’s average deposits located in that state; and under this paragraph and the average (3) permissible pursuant to any other A foreign bank may operate any state total deposits must be computed by applicable federal law or regulation. branch as a noninsured branch summing the close of business figures (d) Conditions of approval. (1) whenever the foreign bank has entered for each of the last 30 calendar days, Approval of such an application into an agreement with the FRB to ending with and including the last day required by paragraph (a) of this section accept at that branch only those of the calendar quarter, and dividing the may be conditioned on the agreement by deposits as would be permissible for a resulting sum by 30; the foreign bank and its insured state corporation organized under section (B) For days on which the branch is branch to conduct the activity subject to 25(a) of the Federal Reserve Act (12 closed, balances from the last previous specific limitations, which may include U.S.C. 611 et seq.) and implementing business day are to be used; pledging of assets in excess of the asset rules and regulations administered by (C) The branch may exclude deposits pledge and asset maintenance the FRB (12 CFR 211). in the branch of other offices, branches,

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agencies or wholly owned subsidiaries and improving the availability of credit usually accepted a sign stating that of the bank to determine its average to all sectors of the United States deposits are not insured by the FDIC; deposits; economy, including the international and (D) The branch must not solicit trade finance sector of the United States (b) Include in bold face conspicuous deposits from the general public by economy, whether the exemption would type on each signature card, passbook, advertising, display of signs, or similar give the foreign bank an unfair and instrument evidencing a deposit the activity designed to attract the attention competitive advantage over United statement ‘‘This deposit is not insured of the general public; and States banking organizations, and any (E) A foreign bank that has more than other relevant factors in making this by the FDIC’’; or require each depositor one state branch in the same state may determination. to execute a statement which aggregate deposits in such branches (2) Procedures for applications under acknowledges that the initial deposit (excluding deposits of other branches, this section are set out in § 303.186. and all future deposits at the branch are agencies or wholly owned subsidiaries (c) Transition period. A noninsured not insured by the FDIC. This of the bank) for the purpose of this state branch may maintain a retail acknowledgment shall be retained by paragraph (a)(7). deposit lawfully accepted prior to April the branch so long as the depositor (b) Application for an exemption. (1) 1, 1996 pursuant to regulations in effect maintains any deposit with the branch. Whenever a foreign bank proposes to prior to July 1, 1998: This provision applies to any negotiable accept at a state branch initial deposits (1) If the deposit qualifies pursuant to certificates of deposit made in a branch of less than $100,000 and such deposits paragraph (a) or (b) of this section; or on or after July 6, 1989, as well as to any are not otherwise exempted under (2) If the deposit does not qualify renewals of such deposits which paragraph (a) of this section, the foreign pursuant to paragraph (a) or (b) of this become effective on or after July 6, 1989. bank may apply to the FDIC for consent section, in the case of a time deposit, no to operate the branch as a noninsured later than the first maturity date of the By order of the Board of Directors. branch. The Board of Directors may time deposit after April 1, 1996. Dated at Washington, DC, this 18th day of exempt the branch from the insurance March, 2005. requirement if the branch is not engaged § 347.216 Depositor notification. Federal Deposit Insurance Corporation. in domestic retail deposit activities Any state branch that is exempt from Valerie J. Best, requiring insurance protection. The the insurance requirement pursuant to Board of Directors will consider the size § 347.215 shall: Assistant Executive Secretary. and nature of depositors and deposit (a) Display conspicuously at each [FR Doc. 05–6295 Filed 4–5–05; 8:45 am] accounts, the importance of maintaining window or place where deposits are BILLING CODE 6714–01–P

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Part IV

Department of the Interior Fish and Wildlife Service

50 CFR Part 20 Migratory Bird Hunting; Proposed 2005– 06 Migratory Game Bird Hunting Regulations (Preliminary) With Requests for Indian Tribal Proposals and Requests for 2006 Spring/Summer Migratory Bird Subsistence Harvest Proposals in Alaska; Proposed Rule

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DEPARTMENT OF THE INTERIOR and Wildlife Service, Department of the four Flyways for the primary purpose of Interior, MS MBSP–4107–ARLSQ, 1849 managing migratory game birds. Each Fish and Wildlife Service C Street, NW., Washington, DC 20240. Flyway (Atlantic, Mississippi, Central, All comments received, including and Pacific) has a Flyway Council, a 50 CFR Part 20 names and addresses, will become part formal organization generally composed of the public record. You may inspect of one member from each State and RIN 1018–AT76 comments during normal business Province in that Flyway. The Flyway Migratory Bird Hunting; Proposed hours in room 4107, Arlington Square Councils, established through the 2005–06 Migratory Game Bird Hunting Building, 4501 North Fairfax Drive, International Association of Fish and Regulations (Preliminary) With Arlington, Virginia. Proposals for the Wildlife Agencies (IAFWA), also assist Requests for Indian Tribal Proposals 2006 spring/summer migratory bird in researching and providing migratory and Requests for 2006 Spring/Summer subsistence season in Alaska should be game bird management information for Migratory Bird Subsistence Harvest sent to the Executive Director of the Co- Federal, State, and Provincial Proposals in Alaska management Council, U.S. Fish and Governments, as well as private Wildlife Service, 1011 E. Tudor Road, conservation agencies and the general AGENCY: Fish and Wildlife Service, Anchorage, AK 99503, or fax to (907) public. Interior. 786–3306 or e-mail to [email protected]. The migratory game bird hunting regulations, located at 50 CFR part 20, ACTION: Proposed rule; availability of FOR FURTHER INFORMATION CONTACT: Ron supplemental information. W. Kokel, at: Division of Migratory Bird are constrained by three primary factors. Management, U.S. Fish and Wildlife Legal and administrative considerations SUMMARY: The U.S. Fish and Wildlife Service, Department of the Interior, MS dictate how long the rulemaking process will last. Most importantly, however, Service (hereinafter the Service or we) MBSP–4107–ARLSQ, 1849 C Street, the biological cycle of migratory game proposes to establish annual hunting NW, Washington, DC 20240, (703) 358– birds controls the timing of data- regulations for certain migratory game 1714. For information on the migratory gathering activities and thus the dates birds for the 2005–06 hunting season. bird subsistence season in Alaska, on which these results are available for We annually prescribe outside limits contact Fred Armstrong, (907) 786– (frameworks) within which States may consideration and deliberation. 3887, or Donna Dewhurst, (907) 786– The process includes two separate select hunting seasons. This proposed 3499, U.S. Fish and Wildlife Service, rule provides the regulatory schedule, regulations-development schedules, 1011 E. Tudor Road, Mail Stop 201, based on early and late hunting season describes the proposed regulatory Anchorage, AK 99503. alternatives for the 2005–06 duck regulations. Early hunting seasons SUPPLEMENTARY INFORMATION: hunting seasons, requests proposals pertain to all migratory game bird from Indian tribes that wish to establish Background and Overview species in Alaska, Hawaii, Puerto Rico, special migratory game bird hunting and the Virgin Islands; migratory game Migratory game birds are those bird birds other than waterfowl (i.e., dove, regulations on Federal Indian species so designated in conventions reservations and ceded lands, and woodcock, etc.); and special early between the United States and several waterfowl seasons, such as teal or requests proposals for the 2006 spring/ foreign nations for the protection and summer migratory bird subsistence resident Canada geese. Early hunting management of these birds. Under the seasons generally begin prior to October season in Alaska. Migratory game bird Migratory Bird Treaty Act (16 U.S.C. hunting seasons provide hunting 1. Late hunting seasons generally start 703–712), the Secretary of the Interior is on or after October 1 and include most opportunities for recreation and authorized to determine when ‘‘hunting, sustenance, aid Federal, State, and tribal waterfowl seasons not already taking, capture, killing, possession, sale, established. governments in the management of purchase, shipment, transportation, migratory game birds, and permit There are basically no differences in carriage, or export of any * * * bird, the processes for establishing either harvests at levels compatible with or any part, nest, or egg’’ of migratory early or late hunting seasons. For each migratory game bird population status game birds can take place, and to adopt cycle, Service biologists gather, analyze, and habitat conditions. regulations for this purpose. These and interpret biological survey data and DATES: You must submit comments on regulations are written after giving due provide this information to all those the proposed regulatory alternatives for regard to ‘‘the zones of temperature and involved in the process through a series the 2005–06 duck hunting seasons by to the distribution, abundance, of published status reports and May 1, 2005. Following later Federal economic value, breeding habits, and presentations to Flyway Councils and Register Notices, you will be given an times and lines of migratory flight of other interested parties. Because the opportunity to submit comments for such birds’’ and are updated annually Service is required to take abundance of proposed early-season frameworks by (16 U.S.C. 704(a)). This responsibility migratory game birds and other factors July 30, 2005, and for proposed late- has been delegated to the U.S. Fish and into consideration, the Service season frameworks and subsistence Wildlife Service (Service) of the undertakes a number of surveys migratory bird seasons in Alaska by Department of the Interior as the lead throughout the year in conjunction with August 30, 2005. Tribes must submit Federal agency for managing and Service Regional Offices, the Canadian proposals and related comments by June conserving migratory birds in the Wildlife Service, and State and 1, 2005. Proposals from the Co- United States. Provincial wildlife-management management Council for the 2006 The Service develops migratory game agencies. To determine the appropriate spring/summer migratory bird bird hunting regulations by establishing frameworks for each species, we subsistence harvest season must be the frameworks, or outside limits, for consider factors such as population size submitted to the Flyway Councils and season lengths, bag limits, and areas for and trend, geographical distribution, the Service by June 15, 2005. migratory game bird hunting. annual breeding effort, the condition of ADDRESSES: Send your comments on the Acknowledging regional differences in breeding and wintering habitat, the proposals to the Chief, Division of hunting conditions, the Service has number of hunters, and the anticipated Migratory Bird Management, U.S. Fish administratively divided the nation into harvest.

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After frameworks, or outside limits, limits prior to the beginning of hunting will omit those items requiring no are established for season lengths, bag seasons and, on the other hand, the lack attention, and remaining numbered limits, and areas for migratory game bird of current status data on most migratory items will be discontinuous and appear hunting, migratory game bird game birds until later in the summer. incomplete. management becomes a cooperative Because the regulatory process is We will publish final regulatory effort of State and Federal governments. strongly influenced by the times when alternatives for the 2005–06 duck After Service establishment of final information is available for hunting seasons in early June. We will frameworks for hunting seasons, the consideration, we divide the regulatory publish proposed early season States may select season dates, bag process into two segments: early seasons frameworks in mid-July and late season limits, and other regulatory options for and late seasons (further described and the hunting seasons. States may always discussed under the Background and frameworks in mid-August. We will be more conservative in their selections Overview section). publish final regulatory frameworks for than the Federal frameworks but never Major steps in the 2005–06 regulatory early seasons on or about August 19, more liberal. cycle relating to open public meetings 2005, and those for late seasons on or about September 16, 2005. Notice of Intent To Establish Open and Federal Register notifications are Seasons illustrated in the diagram at the end of Request for 2006 Spring/Summer this proposed rule. All publication dates This notice announces our intent to Migratory Bird Subsistence Harvest of Federal Register documents are target Proposals in Alaska establish open hunting seasons and dates. daily bag and possession limits for All sections of this and subsequent Background certain designated groups or species of documents outlining hunting migratory game birds for 2005–06 in the frameworks and guidelines are The 1916 Convention for the contiguous United States, Alaska, organized under numbered headings. Protection of Migratory Birds between Hawaii, Puerto Rico, and the Virgin These headings are: the United States and Great Britain (for Islands, under §§ 20.101 through 20.107, Canada) established a closed season for 20.109, and 20.110 of subpart K of 50 1. Ducks A. General Harvest Strategy the taking of migratory birds between CFR part 20. March 10 and September 1. Residents of For the 2005–06 migratory game bird B. Regulatory Alternatives C. Zones and Split Seasons northern Alaska and Canada hunting season, we will propose traditionally harvested migratory birds regulations for certain designated D. Special Seasons/Species Management for nutritional purposes during the members of the avian families Anatidae spring and summer months. The (ducks, geese, and swans); Columbidae i. September Teal Seasons ii. September Teal/Wood Duck governments of Canada, Mexico, and the (doves and pigeons); Gruidae (cranes); United States recently amended the Rallidae (rails, coots, moorhens, and Seasons 1916 Convention and the subsequent gallinules); and Scolopacidae iii. Black ducks 1936 Mexico Convention for the (woodcock and snipe). We describe iv. Canvasbacks Protection of Migratory Birds and Game these proposals under Proposed 2005– v. Pintails Mammals. The amended treaties 06 Migratory Game Bird Hunting vi. Scaup provide for the legal subsistence harvest Regulations (Preliminary) in this vii. Youth Hunt document. We published definitions of 2. Sea Ducks of migratory birds and their eggs in waterfowl flyways and mourning dove 3. Mergansers Alaska and Canada during the closed 4. Canada Geese management units, as well as a season. A. Special Seasons description of the data used in and the On August 16, 2002, we published in B. Regular Seasons factors affecting the regulatory process the Federal Register (67 FR 53511) a C. Special Late Seasons in the March 14, 1990, Federal Register final rule that established procedures for 5. White-fronted Geese (55 FR 9618). incorporating subsistence management 6. Brant into the continental migratory bird Regulatory Schedule for 2005–06 7. Snow and Ross’s (Light) Geese management program. These 8. Swans This document is the first in a series regulations, developed under a new co- 9. Sandhill Cranes of proposed, supplemental, and final management process involving the 10. Coots rulemaking documents for migratory Service, the Alaska Department of Fish game bird hunting regulations. We will 11. Moorhens and Gallinules 12. Rails and Game, and Alaska Native publish additional supplemental representatives, established an annual proposals for public comment in the 13. Snipe 14. Woodcock procedure to develop harvest guidelines Federal Register as population, habitat, for implementation of a spring/summer harvest, and other information become 15. Band-tailed Pigeons 16. Mourning Doves migratory bird subsistence harvest. available. Because of the late dates Eligibility and inclusion requirements when certain portions of these data 17. White-winged and White-tipped Doves necessary to participate in the spring/ become available, we anticipate summer migratory bird subsistence abbreviated comment periods on some 18. Alaska season in Alaska are outlined in 50 CFR proposals. Special circumstances limit 19. Hawaii part 92. the amount of time we can allow for 20. Puerto Rico public comment on these regulations. 21. Virgin Islands This proposed rule calls for proposals Specifically, two considerations 22. Falconry for regulations that will expire on compress the time for the rulemaking 23. Other August 31, 2006, for the spring/summer process: the need, on one hand, to Later sections of this and subsequent subsistence harvest of migratory birds in establish final rules early enough in the documents will refer only to numbered Alaska. Each year, seasons will open on summer to allow resource agencies to items requiring your attention. or after March 11 and close prior to select and publish season dates and bag Therefore, it is important to note that we September 1.

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Alaska Spring/Summer Subsistence the 2005–06 duck hunting seasons. This Region 6 (Colorado, Kansas, Montana, Harvest Proposal Procedures proposed rulemaking also describes Nebraska, North Dakota, South We will publish details of the Alaska other recommended changes or specific Dakota, Utah, and Wyoming)—John spring/summer subsistence harvest preliminary proposals that vary from the Cornely, U.S. Fish and Wildlife proposals in later Federal Register 2004–05 final frameworks (see August Service, P.O. Box 25486, Denver documents under 50 CFR part 92. The 30, 2004, Federal Register (69 FR Federal Building, Denver, Colorado general relationship to the process for 52970) for early seasons and September 80225; (303) 236–8145. 23, 2004, Federal Register (69 FR developing national hunting regulations Region 7 (Alaska)—Robert Leedy, U.S. 57140) for late seasons) and issues for migratory game birds is as follows: Fish and Wildlife Service, 1011 East requiring early discussion, action, or the (a) Alaska Migratory Bird Co- Tudor Road, Anchorage, Alaska attention of the States or tribes. We will Management Council. Proposals may be 99503; (907) 786–3423. publish responses to all proposals and submitted by the public to the Co- written comments when we develop Requests for Tribal Proposals management Council during the period final frameworks for the 2005–06 of November 1–December 15, 2005, to Background season. We seek additional information be acted upon for the 2007 migratory Beginning with the 1985–86 hunting and comments on the recommendations bird subsistence harvest season. season, we have employed guidelines in this proposed rule. Proposals should be submitted to the described in the June 4, 1985, Federal Executive Director of the Co- Consolidation of Notices Register (50 FR 23467) to establish management Council, listed above For administrative purposes, this special migratory game bird hunting under the caption ADDRESSES. document consolidates the notice of regulations on Federal Indian (b) Flyway councils. (1) Proposed intent to establish open migratory game reservations (including off-reservation 2006 regulations recommended by the bird hunting seasons, the request for trust lands) and ceded lands. We Co-management Council will be tribal proposals, and the request for developed these guidelines in response submitted to all Flyway Councils for Alaska migratory bird subsistence to tribal requests for our recognition of review and comment. The Council’s seasons with the preliminary proposals their reserved hunting rights, and for recommendations must be submitted for the annual hunting regulations- some tribes, recognition of their prior to the Service Regulations development process. We will publish authority to regulate hunting by both Committee’s last regular meeting of the the remaining proposed and final tribal and nontribal members calendar year in order to be approved rulemaking documents separately. For throughout their reservations. The for spring/summer harvest beginning inquiries on tribal guidelines and guidelines include possibilities for: March 11 of the following calendar year. proposals, tribes should contact the (1) On-reservation hunting by both (2) Alaska Native representatives may following personnel: tribal and nontribal members, with be appointed by the Co-management Region 1 (California, Idaho, Nevada, hunting by nontribal members on some Council to attend meetings of one or Oregon, Washington, Hawaii, and the reservations to take place within Federal more of the four Flyway Councils to Pacific Islands)—Brad Bortner, U.S. frameworks, but on dates different from discuss recommended regulations or Fish and Wildlife Service, 911 N.E. those selected by the surrounding other proposed management actions. 11th Avenue, Portland, Oregon State(s); (c) Service regulations committee. 97232–4181; (503) 231–6164. (2) On-reservation hunting by tribal Proposed annual regulations Region 2 (Arizona, New Mexico, members only, outside of usual Federal recommended by the Co-management Oklahoma, and Texas)—Jeff Haskins, frameworks for season dates and length, Council will be submitted to the Service U.S. Fish and Wildlife Service, P.O. and for daily bag and possession limits; Regulations Committee (SRC) for their Box 1306, Albuquerque, New Mexico and review and recommendation to the 87103; (505) 248–7885. (3) Off-reservation hunting by tribal Service Director. Following the Service Region 3 (Illinois, Indiana, Iowa, members on ceded lands, outside of Director’s review and recommendation, Michigan, Minnesota, Missouri, Ohio, usual framework dates and season the proposals will be forwarded to the and Wisconsin)—Steve Wilds, U.S. length, with some added flexibility in Department of the Interior for approval. Fish and Wildlife Service, Federal daily bag and possession limits. Proposed annual regulations will then Building, One Federal Drive, Fort In all cases, tribal regulations be published in the Federal Register for Snelling, Minnesota 55111–4056; established under the guidelines must public review and comment, similar to (612) 713–5432. be consistent with the annual March 10 the annual migratory game bird hunting Region 4 (, Arkansas, Florida, to September 1 closed season mandated regulations. Final spring/summer Georgia, Kentucky, Louisiana, by the 1916 Convention Between the regulations for Alaska will be published Mississippi, North Carolina, Puerto United States and Great Britain (for in the Federal Register in the preceding Rico/Virgin Islands, South Carolina, Canada) for the Protection of Migratory fall. and Tennessee)—E. J. Williams, U.S. Birds (Convention). The guidelines are Because of the time required for Fish and Wildlife Service, 1875 applicable to those tribes that have review by us and the public, proposals Century Boulevard, Room 324, reserved hunting rights on Federal from the Co-management Council for Atlanta, Georgia 30345; (404) 679– Indian reservations (including off- the 2006 spring/summer migratory bird 4000. reservation trust lands) and ceded lands. subsistence harvest season must be Region 5 (Connecticut, Delaware, They also may be applied to the submitted to the Flyway Councils and , Maryland, Massachusetts, establishment of migratory game bird the Service by June 15, 2005, for New Hampshire, New Jersey, New hunting regulations for nontribal Council comments and Service action at York, Pennsylvania, Rhode Island, members on all lands within the the late-season SRC meeting. Vermont, Virginia, and West exterior boundaries of reservations Virginia)—Diane Pence, U.S. Fish and where tribes have full wildlife Review of Public Comments Wildlife Service, 300 Westgate Center management authority over such This proposed rulemaking contains Drive, Hadley, Massachusetts 01035– hunting, or where the tribes and affected the proposed regulatory alternatives for 9589; (413) 253–8576. States otherwise have reached

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agreement over hunting by nontribal Details Needed in Tribal Proposals suggestions, or recommendations members on non-Indian lands. Tribes that wish to use the guidelines regarding the proposed regulations. Tribes usually have the authority to to establish special hunting regulations Before promulgation of final migratory regulate migratory game bird hunting by for the 2005–06 migratory game bird game bird hunting regulations, we will nonmembers on Indian-owned hunting season should submit a take into consideration all comments received. Such comments, and any reservation lands, subject to our proposal that includes: additional information received, may approval. (1) The requested migratory game bird lead to final regulations that differ from hunting season dates and other details The question of jurisdiction is more these proposals. We invite interested regarding the proposed regulations; complex on reservations that include persons to participate in this rulemaking (2) Harvest anticipated under the lands owned by non-Indians, especially by submitting written comments to the proposed regulations; when the surrounding States have address indicated under the caption (3) Methods that will be employed to established or intend to establish ADDRESSES. regulations governing migratory bird measure or monitor harvest (mail- Our practice is to make comments, hunting by non-Indians on these lands. questionnaire survey, bag checks, etc.); including names and home addresses of In such cases, we encourage the tribes (4) Steps that will be taken to limit respondents, available for public review and States to reach agreement on level of harvest, where it could be during regular business hours. regulations that would apply throughout shown that failure to limit such harvest Individual respondents may request that the reservations. When appropriate, we would seriously impact the migratory we withhold their home address from will consult with a tribe and State with game bird resource; and the rulemaking record, which we will the aim of facilitating an accord. We (5) Tribal capabilities to establish and honor to the extent allowable by law. also will consult jointly with tribal and enforce migratory game bird hunting There may also be circumstances in State officials in the affected States regulations. which we would withhold from the where tribes may wish to establish A tribe that desires the earliest rulemaking record a respondent’s special hunting regulations for tribal possible opening of the migratory game identity, as allowable by law. If you members on ceded lands. It is bird season for nontribal members wish us to withhold your name and/or incumbent upon the tribe and/or the should specify this request in its address, you must state this State to request consultation as a result proposal, rather than request a date that prominently at the beginning of your of the proposal being published in the might not be within the final Federal comment. However, we will not Federal Register. We will not presume frameworks. Similarly, unless a tribe consider anonymous comments. We to make a determination, without being wishes to set more restrictive will make all submissions from advised by either a tribe or a State, that regulations than Federal regulations will organizations or businesses, and from any issue is or is not worthy of formal permit for nontribal members, the individuals identifying themselves as consultation. proposal should request the same daily representatives or officials of bag and possession limits and season One of the guidelines provides for the organizations or businesses, available length for migratory game birds that continuation of tribal members’ harvest for public inspection in their entirety. Federal regulations are likely to permit of migratory game birds on reservations You may inspect comments received the States in the Flyway in which the where such harvest is a customary on the proposed annual regulations reservation is located. practice. We do not oppose this harvest, during normal business hours at the provided it does not take place during Tribal Proposal Procedures Service’s Division of Migratory Bird Management office in room 4107, 4501 the closed season required by the We will publish details of tribal Convention, and it is not so large as to North Fairfax Drive, Arlington, Virginia. proposals for public review in later For each series of proposed adversely affect the status of the Federal Register documents. Because of rulemakings, we will establish specific migratory game bird resource. Since the the time required for review by us and comment periods. We will consider, but inception of these guidelines, we have the public, Indian tribes that desire possibly may not respond in detail to, reached annual agreement with tribes special migratory game bird hunting each comment. As in the past, we will for migratory game bird hunting by regulations for the 2005–06 hunting summarize all comments received tribal members on their lands or on season should submit their proposals as during the comment period and respond lands where they have reserved hunting soon as possible, but no later than June to them after the closing date in any rights. We will continue to consult with 1, 2005. final rules. tribes that wish to reach a mutual Tribes should direct inquiries agreement on hunting regulations for regarding the guidelines and proposals NEPA Consideration on-reservation hunting by tribal to the appropriate Service Regional NEPA considerations are covered by members. Office listed above under the caption the programmatic document ‘‘Final Tribes should not view the guidelines Consolidation of Notices. Tribes that Supplemental Environmental Impact as inflexible. We believe that they request special migratory game bird Statement: Issuance of Annual provide appropriate opportunity to hunting regulations for tribal members Regulations Permitting the Sport accommodate the reserved hunting on ceded lands should send a courtesy Hunting of Migratory Birds (FSES 88– rights and management authority of copy of the proposal to officials in the 14),’’ filed with the Environmental Indian tribes while also ensuring that affected State(s). Protection Agency on June 9, 1988. We the migratory game bird resource published Notice of Availability in the receives necessary protection. The Public Comments Solicited Federal Register on June 16, 1988 (53 conservation of this important The Department of the Interior’s FR 22582). We published our Record of international resource is paramount. policy is, whenever practicable, to Decision on August 18, 1988 (53 FR Use of the guidelines is not required if afford the public an opportunity to 31341). In addition, an August 1985 a tribe wishes to observe the hunting participate in the rulemaking process. environmental assessment entitled regulations established by the State(s) in Accordingly, we invite interested ‘‘Guidelines for Migratory Bird Hunting which the reservation is located. persons to submit written comments, Regulations on Federal Indian

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Reservations and Ceded Lands’’ is (4) Would the rule be easier to regulations established in 50 CFR part available from the address indicated understand if it were divided into more 20, Subpart K, are utilized in the under the caption ADDRESSES. (but shorter) sections? formulation of migratory game bird In a proposed rule published in the (5) Is the description of the rule in the hunting regulations. Specifically, OMB April 30, 2001, Federal Register (66 FR SUPPLEMENTARY INFORMATION section of has approved the information collection 21298), we expressed our intent to begin the preamble helpful in understanding requirements of the surveys associated the process of developing a new the rule? with the Migratory Bird Harvest Supplemental Environmental Impact (6) What else could we do to make the Information Program and assigned Statement for the migratory bird hunting rule easier to understand? clearance number 1018–0015 (expires 2/ program. We plan to begin the public Send a copy of any comments that 29/2008). This information is used to scoping process in 2005. concern how we could make this rule provide a sampling frame for voluntary easier to understand to: Office of national surveys to improve our harvest Endangered Species Act Consideration Regulatory Affairs, Department of the estimates for all migratory game birds in Interior, Room 7229, 1849 C Street NW., Prior to issuance of the 2005–06 order to better manage these Washington, DC 20240. You may also e- migratory game bird hunting populations. OMB has also approved mail the comments to this address: regulations, we will comply with the information collection requirements [email protected]. of the Sandhill Crane Harvest Survey provisions of the Endangered Species and assigned clearance number 1018– Act of 1973, as amended (16 U.S.C. Regulatory Flexibility Act 0023 (expires 11/30/2007). The 1531–1543; hereinafter the Act), to These regulations have a significant information from this survey is used to ensure that hunting is not likely to economic impact on substantial estimate the magnitude and the jeopardize the continued existence of numbers of small entities under the geographical and temporal distribution any species designated as endangered or Regulatory Flexibility Act (5 U.S.C. 601 of the harvest, and the portion it threatened or modify or destroy its et seq.). We analyzed the economic constitutes of the total population. critical habitat and is consistent with impacts of the annual hunting Lastly, OMB has approved the conservation programs for those species. regulations on small business entities in information collection requirements of Consultations under Section 7 of this detail as part of the 1981 cost-benefit the Alaska Subsistence Household Act may cause us to change proposals analysis discussed under Executive Survey, an associated voluntary annual in this and future supplemental Order 12866. This analysis was revised household survey used to determine proposed rulemaking documents. annually from 1990–95. In 1995, the levels of subsistence take in Alaska. The Executive Order 12866 Service issued a Small Entity Flexibility OMB control number for the Analysis (Analysis), which was information collection is 1018–0124 The migratory bird hunting subsequently updated in 1996, 1998, (expires 10/31/2006). A Federal agency regulations are economically significant and 2004. The primary source of may not conduct or sponsor, and a and were reviewed by the Office of information about hunter expenditures person is not required to respond to, a Management and Budget (OMB) under for migratory game bird hunting is the collection of information unless it Executive Order 12866. As such, a cost/ National Hunting and Fishing Survey, displays a currently valid OMB control benefit analysis was initially prepared which is conducted at 5-year intervals. number. in 1981. This analysis was subsequently The 2004 Analysis was based on the revised annually from 1990–96, updated 2001 National Hunting and Fishing Unfunded Mandates Reform Act in 1998 and updated again in 2004. It is Survey and the U.S. Department of We have determined and certify, in further discussed below under the Commerce’s County Business Patterns, compliance with the requirements of the heading Regulatory Flexibility Act. from which it was estimated that Unfunded Mandates Reform Act, 2 Results from the 2004 analysis indicate migratory bird hunters would spend U.S.C. 1502 et seq., that this rulemaking that the expected welfare benefit of the between $481 million and $1.2 billion at will not impose a cost of $100 million annual migratory bird hunting small businesses in 2004. Copies of the or more in any given year on local or frameworks is on the order of $734 to Analysis are available upon request State government or private entities. $1,064 million, with a mid-point from the address indicated under Therefore, this rule is not a ‘‘significant estimate of $899 million. Copies of the ADDRESSES or from our Web site at http:/ regulatory action’’ under the Unfunded cost/benefit analysis are available upon /www.migratorybirds.gov. Mandates Reform Act. request from the address indicated under ADDRESSES or from our Web site Small Business Regulatory Enforcement Civil Justice Reform—Executive Order at http://www.migratorybirds.gov. Fairness Act 12988 Executive Order 12866 also requires This rule is a major rule under 5 The Department, in promulgating this each agency to write regulations that are U.S.C. 804(2), the Small Business proposed rule, has determined that this easy to understand. We invite comments Regulatory Enforcement Fairness Act. proposed rule will not unduly burden on how to make this rule easier to For the reasons outlined above, this rule the judicial system and that it meets the understand, including answers to has an annual effect on the economy of requirements of sections 3(a) and 3(b)(2) questions such as the following: $100 million or more. However, because of Executive Order 12988. this rule establishes hunting seasons, we (1) Are the requirements in the rule Takings Implication Assessment clearly stated? do not plan to defer the effective date under the exemption contained in 5 In accordance with Executive Order (2) Does the rule contain technical U.S.C. 808(1). 12630, this proposed rule, authorized by language or jargon that interferes with the Migratory Bird Treaty Act, does not its clarity? Paperwork Reduction Act have significant takings implications (3) Does the format of the rule We examined these regulations under and does not affect any constitutionally (grouping and order of sections, use of the Paperwork Reduction Act of 1995. protected property rights. This rule will headings, paragraphing, etc.) aid or The various recordkeeping and not result in the physical occupancy of reduce its clarity? reporting requirements imposed under property, the physical invasion of

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property, or the regulatory taking of any Dated: March 17, 2005. breeding in eastern North America property. In fact, these rules allow Craig Manson, (Federal survey strata 51–54 and 56, and hunters to exercise otherwise Assistant Secretary for Fish and Wildlife and State surveys in New England and the unavailable privileges and, therefore, Parks. mid-Atlantic region) and, thus, may reduce restrictions on the use of private differ from that in the remainder of the Proposed 2005–06 Migratory Game and public property. country. Bird Hunting Regulations (Preliminary) We will propose a specific regulatory Energy Effects—Executive Order 13211 Pending current information on alternative for each of the Flyways On May 18, 2001, the President issued populations, harvest, and habitat during the 2005–06 season after survey Executive Order 13211 on regulations conditions, and receipt of information becomes available in late that significantly affect energy supply, recommendations from the four Flyway summer. More information on AHM is distribution, and use. Executive Order Councils, we may defer specific located at http://migratorybirds.fws.gov/ 13211 requires agencies to prepare regulatory proposals. At this time, we mgmt/ahm/ahm-intro.htm. Statements of Energy Effects when are proposing no changes from the final B. Regulatory Alternatives undertaking certain actions. While this 2004–05 frameworks established on proposed rule is a significant regulatory August 30 and September 23, 2004 (69 The basic structure of the current action under Executive Order 12866, it FR 52970 and 57140). Other issues regulatory alternatives for AHM was is not expected to adversely affect requiring early discussion, action, or the adopted in 1997. The alternatives energy supplies, distribution, or use. attention of the States or tribes are remained largely unchanged until 2002, Therefore, this action is not a significant contained below: when we (based on recommendations energy action and no Statement of from the Flyway Councils) extended Energy Effects is required. 1. Ducks framework dates in the ‘‘moderate’’ and Categories used to discuss issues ‘‘liberal’’ regulatory alternatives by Federalism Effects related to duck harvest management are: changing the opening date from the Due to the migratory nature of certain (A) General Harvest Strategy, (B) Saturday nearest October 1 to the species of birds, the Federal Regulatory Alternatives, (C) Zones and Saturday nearest September 24, and Government has been given Split Seasons, and (D) Special Seasons/ changing the closing date from the responsibility over these species by the Species Management. Only those Sunday nearest January 20 to the last Migratory Bird Treaty Act. We annually containing substantial recommendations Sunday in January. These extended prescribe frameworks from which the are discussed below. dates were made available with no States make selections regarding the associated penalty in season length or hunting of migratory birds, and we A. General Harvest Strategy bag limits. At that time we stated our employ guidelines to establish special We propose to continue use of desire to keep these changes in place for regulations on Federal Indian adaptive harvest management (AHM) to 3 years to allow for a reasonable reservations and ceded lands. This help determine appropriate duck- opportunity to monitor the impacts of process preserves the ability of the hunting regulations for the 2005–06 framework-date extensions on harvest States and tribes to determine which season. AHM is a tool that permits distribution and rates of harvest prior to seasons meet their individual needs. sound resource decisions in the face of considering any subsequent use (67 FR Any State or Indian tribe may be more uncertain regulatory impacts, as well as 12501). restrictive than the Federal frameworks providing a mechanism for reducing For 2004–05, we are proposing to at any time. The frameworks are that uncertainty over time. The current maintain the same regulatory developed in a cooperative process with AHM protocol is used to evaluate four alternatives that were in effect last year the States and the Flyway Councils. alternative regulatory levels based on (see accompanying table for specifics of This process allows States to participate the population status of mallards the proposed regulatory alternatives). in the development of frameworks from (special hunting restrictions are enacted Alternatives are specified for each which they will make selections, for species of special concern, such as Flyway and are designated as ‘‘RES’’ for thereby having an influence on their canvasbacks, scaup, and pintails). the restrictive, ‘‘MOD’’ for the moderate, own regulations. These rules do not The prescribed regulatory alternative and ‘‘LIB’’ for the liberal alternative. We have a substantial direct effect on fiscal for the Mississippi, Central, and Pacific will announce final regulatory capacity, change the roles or Flyways would be based on the status alternatives in early June. Public responsibilities of Federal or State of mallards and breeding-habitat comments will be accepted until May 1, governments, or intrude on State policy conditions in central North America 2005, and should be sent to the address or administration. Therefore, in (Federal survey strata 1–18, 20–50, and under the caption ADDRESSES. accordance with Executive Order 13132, 75–77, and State surveys in Minnesota, these regulations do not have significant Wisconsin, and Michigan). We propose C. Zones and Split Seasons federalism effects and do not have to continue the constraint on closed In 1990, because of concerns about sufficient federalism implications to seasons enacted in 2003. This constraint the proliferation of zones and split warrant the preparation of a Federalism explicitly excludes from consideration seasons for duck hunting, a cooperative Assessment. closed hunting seasons in the review and evaluation of the historical Mississippi, Central, and Pacific use of zone/split options was List of Subjects in 50 CFR Part 20 Flyways whenever the mid-continent conducted. This review did not show Exports, Hunting, Imports, Reporting mallard population is at least 5.5 that the proliferation of these options and recordkeeping requirements, million. Closed seasons targeted at had increased harvest pressure; Transportation, Wildlife. particular species or populations could however, the ability to detect the impact The rules that eventually will be still be necessary in some situations of zone/split configurations was poor promulgated for the 2005–06 hunting regardless of the status of mallards. because of unreliable response season are authorized under 16 U.S.C. The prescribed regulatory alternative variables, the lack of statistical tests to 703–711, 16 U.S.C. 712, and 16 U.S.C. for the Atlantic Flyway would be based differentiate between real and perceived 742a–j. on the population status of mallards changes, and the absence of adequate

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experimental controls. Consequently, 4. Once a zone/split option is selected their appropriateness towards meeting guidelines were established to provide a during an open season, it must remain management objectives. framework for controlling the in place for the following 5 years. 4. Canada Geese proliferation of changes in zone/split For the 2006–2010 period, any State options. The guidelines identified a may continue the configuration used in B. Regular Seasons limited number of zone/split 2001–2005. If changes are made, the In the Pacific Flyway, the current configurations that could be used for zone/split-season configuration must status and population trend information duck hunting and restricted the conform to one of the following options: for Cackling Canada geese suggest that frequency of changes in these 1. Three zones with no splits, regulatory changes may be warranted configurations to 5-year intervals. In 2. Split seasons (no more than 3 this year. 1996, the guidelines were revised to segments) with no zones, or provide States greater flexibility in 3. Two zones with the option for 2- 6. Brant using their zone/split arrangements. way split seasons in one or both zones. In the Pacific Flyway, the current The next open season for changes to At the end of 5 years after any status and population trend information zone/split configurations will be in changes in splits or zones, States will be for Pacific Black Brant suggest that 2006, for the 2006–2010 period. In order required to provide the Service with a regulatory changes may be warranted to allow sufficient time for States to review of pertinent data (e.g., estimates this year. solicit public input regarding their of harvest, hunter numbers, hunter 9. Sandhill Cranes selections of zone/split configurations success, etc.). This review does not have in 2006, we will finalize the guidelines to be the result of a rigorous During last year’s waterfowl and during the 2005 late-season regulations experimental design, but nonetheless sandhill crane hunting season, a group process. For the 2006–2010 period, we should assist us in ascertaining whether of hunters in Kansas accidentally shot at propose to continue with the guidelines major undesirable changes in harvest or some whooping cranes. Two of the used for 2001–2005. These are as hunter activity occurred as a result of whooping cranes from this flock follows: split and zone regulations. sustained injuries and were subsequently captured and treated by The following zone/split-season D. Special Seasons/Species Management guidelines apply only for the regular agency and university personnel. One of duck season: iii. Black ducks. We continue to these birds died soon after capture and encourage the development of the other was transported to a captive- 1. A zone is a geographic area or assessment procedures that can be used rearing facility in Maryland, however portion of a State, with a contiguous to inform black duck harvest this second bird also died as a result of boundary, for which independent dates management in the United States. We injuries sustained in the shooting. may be selected for the regular duck appreciate the progress being made by Service staff are working with staff from season. the Service’s Division of Migratory Bird the Kansas Department of Wildlife and 2. Consideration of changes for Management and the Atlantic and Parks to review this incident and make management-unit boundaries is not Mississippi Flyway Councils in recommendations to minimize the subject to the guidelines and provisions determining optimal harvest rates and potential conflicts with whooping governing the use of zones and split how these compare with our desire to cranes and hunting in this area. Pending seasons for ducks. meet population goals. We reiterate that the outcome of these discussions, 3. Only minor (less than a county in any proposed changes to black duck regulatory changes for the Mid- size) boundary changes will be allowed hunting regulations at this time be Continent Population of sandhill cranes for any grandfather arrangement, and accompanied by predicted changes in may be proposed this year. changes are limited to the open season. black duck harvest rates and consider BILLING CODE 4310–55–P

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[FR Doc. 05–6816 Filed 4–5–05; 8:45 am] BILLING CODE 4310–55–C

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Reader Aids Federal Register Vol. 70, No. 65 Wednesday, April 6, 2005

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING APRIL

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. 18 CFR Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Proclamations: Proposed Rules: 45...... 17219 The United States Government Manual 741–6000 7877...... 17197 7878...... 17293 20 CFR Other Services 7879...... 17295 Electronic and on-line services (voice) 741–6020 7880...... 17297 Proposed Rules: Privacy Act Compilation 741–6064 7881...... 17301 655...... 16774 Public Laws Update Service (numbers, dates, etc.) 741–6043 Administrative Orders: 21 CFR TTY for the deaf-and-hard-of-hearing 741–6086 Memorandums: Memorandums of 2...... 17168 March 31, 2005...... 17195 510...... 17319 ELECTRONIC RESEARCH 520...... 16933, 17319 World Wide Web Executive Orders: 13295 (Amended by 522...... 16933 Full text of the daily Federal Register, CFR and other publications EO 13375)...... 17299 558...... 16933 is located at: http://www.gpoaccess.gov/nara/index.html 13375...... 17299 1305...... 16902 1308...... 16935 Federal Register information and research tools, including Public 7 CFR 1311...... 16902 Inspection List, indexes, and links to GPO Access are located at: http://www.archives.gov/federallregister/ 354...... 16691 Proposed Rules: 624...... 16921 101 ...... 16995, 17008, 17010 E-mail 723...... 17150 22 CFR FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 1463...... 17150 an open e-mail service that provides subscribers with a digital 1464...... 17150 10...... 16937 form of the Federal Register Table of Contents. The digital form 1700...... 17199 of the Federal Register Table of Contents includes HTML and 1709...... 17199 23 CFR PDF links to the full text of each document. 1738...... 16930 772...... 16707 Proposed Rules: To join or leave, go to http://listserv.access.gpo.gov and select 26 CFR Online mailing list archives, FEDREGTOC-L, Join or leave the list 946...... 16759 (or change settings); then follow the instructions. 1738...... 16967 301...... 16711 PENS (Public Law Electronic Notification Service) is an e-mail 9 CFR 30 CFR service that notifies subscribers of recently enacted laws. 97...... 16691 936...... 16941 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 950...... 16945 11 CFR and select Join or leave the list (or change settings); then follow Proposed Rules: the instructions. Proposed Rules: 913...... 17014 FEDREGTOC-L and PENS are mailing lists only. We cannot 100...... 16967 respond to specific inquiries. 110...... 16967 31 CFR 114...... 16967 Reference questions. Send questions and comments about the 351...... 17288 Federal Register system to: [email protected] 12 CFR 542...... 17201 The Federal Register staff cannot interpret specific documents or 303...... 17550 33 CFR regulations. 325...... 17550 Proposed Rules: 327...... 17550 100...... 16781 FEDERAL REGISTER PAGES AND DATE, APRIL 347...... 17550 1710...... 17303 34 CFR 16691–16920...... 1 14 CFR Proposed Rules: 16921–17196...... 4 Ch. I ...... 16784 17197–17300...... 5 39 ...... 17199, 17312, 17315 71...... 16931, 16932 17301–17582...... 6 36 CFR 97...... 17318 Proposed Rules: 7...... 16712 39 ...... 16761, 16764, 16767, 1270...... 16717 16769, 16771, 16979, 16981, 37 CFR 16984, 16986, 17212, 17216, 17340, 17342, 17345, 17347, 258...... 17320 17349, 17351, 17353, 17354, 40 CFR 17357, 17359, 17361, 17366, 17368, 17370, 17373, 17375, 52 ...... 16717, 16955, 16958, 17377 17321 256...... 16990 174...... 17323 271...... 17286 17 CFR Proposed Rules: 211...... 16693 51...... 17018

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52 ...... 16784, 17027, 17028, 484...... 16720 64...... 17330, 17334 Proposed Rules: 17029 486...... 16720 73...... 17334 172...... 17385 152...... 16785 74...... 17327 158...... 16785 44 CFR 78...... 17327 64...... 16964 90...... 17327 50 CFR 42 CFR 65...... 16730, 16733 Proposed Rules: 20...... 17574 403...... 16720 67...... 16736, 16738 73 ...... 17042, 17043, 17044, 223...... 17211, 17386 405...... 16720 Proposed Rules: 17045, 17046, 17047, 17048, 300...... 16742 410...... 16720 67 ...... 16786, 16789, 17037 17049, 17381, 17382, 17383, 622...... 16754, 17401 411...... 16720 17384 648...... 16758 412...... 16724 47 CFR 679...... 16742 413...... 16724 2...... 17327 49 CFR 414...... 16720 15...... 17328 219...... 16966 Proposed Rules: 418...... 16720 22...... 17327 573...... 16742 223...... 17223 424...... 16720 24...... 17327 1002...... 17335 224...... 17223

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REMINDERS Aerospatiale; published 3-2- Federal speculative position Oregon; comments due by The items in this list were 05 limits; comments due by 4-14-05; published 3-15- editorially compiled as an aid BAE Systems (Operations) 4-14-05; published 3-15- 05 [FR 05-05045] to Federal Register users. Ltd.; published 3-2-05 05 [FR 05-05088] Environmental statements; Inclusion or exclusion from Boeing; published 3-2-05 COURT SERVICES AND availability, etc.: this list has no legal McDonnell Douglas; OFFENDER SUPERVISION Coastal nonpoint pollution significance. published 3-2-05 AGENCY FOR THE control program— Standard instrument approach DISTRICT OF COLUMBIA Minnesota and Texas; RULES GOING INTO procedures; published 4-6- Semi-annual agenda; Open for Open for comments comments until further EFFECT APRIL 6, 2005 05 until further notice; notice; published 12-22-03 published 10-16-03 [FR [FR 03-25121] COMMERCE DEPARTMENT COMMENTS DUE NEXT 03-26087] Industry and Security WEEK DEFENSE DEPARTMENT Hazardous waste program Bureau Acquisition regulations: authorizations: Pilot Mentor-Protege National security industrial AGRICULTURE Alabama; comments due by Program; Open for base regulations: DEPARTMENT 4-14-05; published 3-15- Defense priorities and comments until further 05 [FR 05-05047] Agricultural Marketing notice; published 12-15-04 allocations system; rated Service Tennessee; comments due orders rejection; electronic [FR 04-27351] Cotton classing, testing and by 4-13-05; published 3- transmission of reasons; EDUCATION DEPARTMENT standards: 14-05 [FR 05-04952] published 3-7-05 Grants and cooperative Classification services to Pesticides; emergency agreements; availability, etc.: ENVIRONMENTAL growers; 2004 user fees; exemptions, etc. PROTECTION AGENCY Open for comments until Vocational and adult Removal of expired time- Air quality implementation further notice; published education— limited tolerances for plans; approval and 5-28-04 [FR 04-12138] Smaller Learning emergency exemptions; promulgation; various Communities Program; AGRICULTURE comments due by 4-11- States: Open for comments DEPARTMENT 05; published 2-10-05 [FR Texas; published 4-6-05 until further notice; 05-02614] Animal and Plant Health Pesticide programs: published 2-25-05 [FR Pesticides; tolerances in food, Plant incorporated Inspection Service E5-00767] Plant-related quarantine, animal feeds, and raw protectorants; procedures ENERGY DEPARTMENT agricultural commodities: and requirements— domestic: Meetings: Thiamethoxam; comments Bacillus thuringiensis Bay leaves; comments due Environmental Management due by 4-12-05; published modified Cry3A protein; by 4-11-05; published 2-8- Site-Specific Advisory 2-11-05 [FR 05-02715] published 4-6-05 05 [FR 05-02322] Board— Radiation protection programs: FEDERAL Plant-related quarantine, foreign: Oak Ridge Reservation, Transuranic radioactive COMMUNICATIONS TN; Open for comments Nursery stock; comments waste for disposal at COMMISSION until further notice; due by 4-11-05; published Waste Isolation Pilot Common carrier services: published 11-19-04 [FR Individuals with hearing and 3-10-05 [FR 05-04705] Plant; waste 04-25693] characterization program speech disabilities; AGRICULTURE ENERGY DEPARTMENT documents availability— telecommunications relay DEPARTMENT Energy Efficiency and Idaho National and speech-to- speech Food Safety and Inspection Renewable Energy Office Engineering and services; published 4-6-05 Service Commercial and industrial Environmental FEDERAL TRADE Meat and poultry inspection: COMMISSION equipment; energy efficiency Laboratory, ID; North Dakota; State program: comments due by 4-11- Hart-Scott-Rodino Antitrust inspection of poultry and Improvements Act: Test procedures and 05; published 3-10-05 poultry products; efficiency standards— [FR 05-04713] Premerger notification; comments due by 4-13- Commercial packaged Water pollution control: reporting and waiting 05; published 3-14-05 [FR boilers; Open for period requirements; 05-04993] National Pollutant Discharge published 3-8-05 comments until further Elimination System— AGRICULTURE notice; published 10-21- HEALTH AND HUMAN DEPARTMENT Concentrated animal SERVICES DEPARTMENT 04 [FR 04-17730] feeding operations in Rural Housing Service Food and Drug ENERGY DEPARTMENT New Mexico and Administration Direct single family housing Federal Energy Regulatory Oklahoma; general loans and grants; comments Animal drugs, feeds, and Commission permit for discharges; due by 4-11-05; published related products: Electric rate and corporate Open for comments 2-8-05 [FR 05-02429] Sponsor name and address regulation filings: until further notice; changes— COMMERCE DEPARTMENT Virginia Electric & Power published 12-7-04 [FR Virbac AH, Inc.; published National Oceanic and Co. et al.; Open for 04-26817] 4-6-05 Atmospheric Administration comments until further Ocean dumping; site HOMELAND SECURITY Ocean and coastal resource notice; published 10-1-03 designations— DEPARTMENT management: [FR 03-24818] Port Royal, SC; Coast Guard Florida Keys National ENVIRONMENTAL comments due by 4-11- Regattas and marine parades: Marine Sanctuary, FL; PROTECTION AGENCY 05; published 2-24-05 Severn River, MD; marine revised management plan; Air quality implementation [FR 05-03525] events; published 3-7-05 comments due by 4-15- plans; approval and Water pollution; effluent TRANSPORTATION 05; published 2-16-05 [FR promulgation; various guidelines for point source DEPARTMENT 05-02949] States: categories: Federal Aviation COMMODITY FUTURES Maine; comments due by 4- Meat and poultry products Administration TRADING COMMISSION 11-05; published 3-10-05 processing facilities; Open Airworthiness directives: Commodity Exchange Act: [FR 05-04708] for comments until further

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notice; published 9-8-04 Medical devices— Service fees; comments due Boeing; Open for comments [FR 04-12017] Dental noble metal alloys by 4-14-05; published 3- until further notice; FEDERAL and base metal alloys; 15-05 [FR 05-04999] published 8-16-04 [FR 04- COMMUNICATIONS Class II special INTERIOR DEPARTMENT 18641] Bombardier; comments due COMMISSION controls; Open for Surface Mining Reclamation by 4-14-05; published 3- Committees; establishment, comments until further and Enforcement Office renewal, termination, etc.: notice; published 8-23- 15-05 [FR 05-05012] 04 [FR 04-19179] Surface coal mining and Eurocopter France; Technological Advisory reclamation operations: Council; Open for HOMELAND SECURITY comments due by 4-11- Transfer, assignment, or comments until further DEPARTMENT 05; published 2-10-05 [FR sale of permit rights; notice; published 3-18-05 05-02586] Coast Guard comments due by 4-15- [FR 05-05403] Fokker; comments due by Anchorage regulations: 05; published 4-7-05 [FR Common carrier services: 4-14-05; published 3-15- Maryland; Open for 05-06858] 05 [FR 05-05011] Interconnection— comments until further LIBRARY OF CONGRESS MD Helicopters, Inc.; Incumbent local exchange notice; published 1-14-04 Copyright Office, Library of comments due by 4-11- carriers unbounding [FR 04-00749] Congress 05; published 2-10-05 [FR obligations; local Port access routes: Copyright Arbitration Royalty 05-02608] competition provisions; Portland, ME and Casco wireline services Panel rules and procedures: New Piper Aircraft, Inc.; Bay; comments due by 4- comments due by 4-11- offering advanced Sound recordings under 11-05; published 2-10-05 05; published 2-9-05 [FR telecommunications statutory license; usage [FR 05-02559] 05-02374] capability; Open for reports; comments due by comments until further HOMELAND SECURITY 4-14-05; published 3-15- Saab; comments due by 4- notice; published 12-29- DEPARTMENT 05 [FR 05-05064] 14-05; published 3-15-05 Federal Emergency [FR 05-05013] 04 [FR 04-28531] NUCLEAR REGULATORY Management Agency Airworthiness standards: Prepaid calling card COMMISSION services; comments due Disaster assistance: Special conditions— Environmental statements; by 4-15-05; published 3- Cessna 172R and 172S National Urban Search and availability, etc.: 16-05 [FR 05-05167] Rescue Response airplanes; comments Wireless telecommunications System; financing, Fort Wayne State due by 4-11-05; services— administration, and Developmental Center; published 3-10-05 [FR Open for comments until 800 MHz cellular operation standardization; 05-04745] comments due by 4-11- further notice; published Class D airspace; comments handsets, telephones, 5-10-04 [FR 04-10516] and other wireless 05; published 2-24-05 [FR due by 4-11-05; published devices use aboard 05-03192] SMALL BUSINESS 3-11-05 [FR 05-04134] airborne aircraft; HOMELAND SECURITY ADMINISTRATION Class E airspace; comments facilitation; comments DEPARTMENT Disaster loan areas: due by 4-13-05; published 3-14-05 [FR 05-04980] due by 4-11-05; Transportation Security Maine; Open for comments published 3-10-05 [FR Administration until further notice; TRANSPORTATION 05-04725] Civil aviation security: published 2-17-04 [FR 04- DEPARTMENT Radio stations; table of Federal Motor Carrier Safety Enhanced security 03374] assignments: Administration procedures for certain OFFICE OF UNITED STATES Florida; comments due by airports’ operations in the TRADE REPRESENTATIVE Civil rights; Title VI procedures for financial assistance 4-11-05; published 3-3-05 Washington, DC Trade Representative, Office recipients; comments due by [FR 05-04114] metropolitan area flight of United States HARRY S. TRUMAN restricted zone; comments 4-15-05; published 2-14-05 Generalized System of [FR 05-02768] SCHOLARSHIP due by 4-11-05; published Preferences: FOUNDATION 2-10-05 [FR 05-02630] TRANSPORTATION 2003 Annual Product Scholar accountability policy; DEPARTMENT INTERIOR DEPARTMENT Review, 2002 Annual comments due by 4-13-05; National Highway Traffic Fish and Wildlife Service Country Practices Review, published 3-14-05 [FR 05- Safety Administration and previously deferred 04951] Endangered and threatened Anthropomorphic test devices: species permit applications product decisions; HEALTH AND HUMAN Occupant crash protection— Recovery plans— petitions disposition; Open SERVICES DEPARTMENT SID-IIsFRG side impact Paiute cutthroat trout; for comments until further Food and Drug crash test dummy, 5th Open for comments notice; published 7-6-04 Administration percentile adult female; until further notice; [FR 04-15361] Human drugs: specifications and published 9-10-04 [FR TRANSPORTATION qualification Antiperspirant products 04-20517] DEPARTMENT requirements; comments (OTC); final monograph; Endangered and threatened Federal Aviation due by 4-12-05; partial stay; comments species: Administration published 3-8-05 [FR due by 4-13-05; published 05-04432] 10-15-04 [FR 04-23106] Northern aplomado falcons; Airworthiness directives: nonessential experimental Motor vehicle safety Reports and guidance AeroSpace Technologies of population establishment standards: documents; availability, etc.: Australia Pty Ltd.; in New Mexico and comments due by 4-15- Side impact protection— Evaluating safety of Arizona; comments due 05; published 3-16-05 [FR antimicrobial new animal Phase-in reporting by 4-11-05; published 2-9- 05-05153] requirements; comments drugs with regard to their 05 [FR 05-02415] microbiological effects on Agusta S.p.A.; comments due by 4-12-05; bacteria of human health INTERIOR DEPARTMENT due by 4-11-05; published published 1-12-05 [FR concern; Open for Minerals Management 2-10-05 [FR 05-02588] 05-00548] comments until further Service Airbus; comments due by 4- TREASURY DEPARTMENT notice; published 10-27-03 Outer Continental Shelf; oil, 15-05; published 3-16-05 Internal Revenue Service [FR 03-27113] gas, and sulpher operations: [FR 05-05138] Procedure and administration:

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Written contracts or pamphlet) form from the Public Laws Electronic agreements for acquisition Superintendent of Documents, LIST OF PUBLIC LAWS Notification Service of property and services U.S. Government Printing (PENS) for tax administration Office, Washington, DC 20402 This is a continuing list of purposes; returns and (phone, 202–512–1808). The public bills from the current return information text will also be made session of Congress which disclosure; comments due available on the Internet from PENS is a free electronic mail have become Federal laws. It by 4-12-05; published 1- GPO Access at http:// notification service of newly may be used in conjunction 12-05 [FR 05-00636] www.gpoaccess.gov/plaws/ enacted public laws. To with ‘‘PLUS’’ (Public Laws index.html. Some laws may subscribe, go to http:// TREASURY DEPARTMENT Update Service) on 202–741– not yet be available. listserv.gsa.gov/archives/ Alcohol and Tobacco Tax 6043. This list is also publaws-l.html and Trade Bureau available online at http:// H.R. 1270/P.L. 109–6 www.archives.gov/ Alcohol; viticultural area To amend the Internal Note: This service is strictly federal register/public laws/ designations: — — Revenue Code of 1986 to for E-mail notification of new public laws.html. Niagara Escarpment, — extend the Leaking laws. The text of laws is not Niagara County, NY; The text of laws is not Underground Storage Tank available through this service. comments due by 4-11- published in the Federal Trust Fund financing rate. PENS cannot respond to 05; published 2-9-05 [FR Register but may be ordered (Mar. 31, 2005; 119 Stat. 20) specific inquiries sent to this 05-02489] in ‘‘slip law’’ (individual Last List April 1, 2005 address.

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