2–11–05 Friday Vol. 70 No. 28 Feb. 11, 2005
Pages 7165–7378
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i II Federal Register / Vol. 70, No. 28 / Friday, February 11, 2005
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Contents Federal Register Vol. 70, No. 28
Friday, February 11, 2005
Agricultural Marketing Service See International Trade Administration NOTICES See National Oceanic and Atmospheric Administration Meetings: National Organic Standards Board, 7224–7225 Committee for Purchase From People Who Are Blind or Severely Disabled Agriculture Department NOTICES See Agricultural Marketing Service Procurement list; additions and deletions, 7229–7230 See Farm Service Agency See Foreign Agricultural Service Consumer Product Safety Commission See Forest Service NOTICES See Natural Resources Conservation Service Meetings: See Rural Housing Service All-terrain vehicles sold for use of children under 16 years old; petition requesting ban, 7247–7248 Antitrust Division Coordinating Council on Juvenile Justice and NOTICES Delinquency Prevention National cooperative research notifications: Active Fuel and Emission Control Teaming Agreement, NOTICES 7306 Meetings, 7248 American Industrial Hygiene Association, 7306–7307 Defense Department American Society of Mechanical Engineers, 7307 See Army Department ASTM International-Standards, 7307 Institute of Electrical and Electronics Engineers, 7307 Economic Analysis Bureau Interactive Advertising Bureau, 7307–7308 NOTICES North American Laminate Flooring Association, 7308 Agency information collection activities; proposals, Semiconductor Test Consortium, Inc., 7308 submissions, and approvals, 7230–7232 Window Covering Manufacturers Association, Inc., 7308 Education Department Army Department NOTICES NOTICES Agency information collection activities; proposals, Environmental statements; availability, etc.: submissions, and approvals, 7250–7252 Fort Bragg, NC; Overhills property integration into Fort Bragg Training Program, 7249–7250 Employment Standards Administration NOTICES Arts and Humanities, National Foundation Minimum wages for Federal and federally-assisted See National Foundation on the Arts and the Humanities construction; general wage determination decisions, 7308–7310 Blind or Severely Disabled, Committee for Purchase From People Who Are Energy Department See Committee for Purchase From People Who Are Blind See Federal Energy Regulatory Commission or Severely Disabled Environmental Protection Agency Broadcasting Board of Governors RULES NOTICES Pesticides; tolerances in food, animal feeds, and raw Meetings; Sunshine Act, 7230 agricultural commodities: Thiamethoxam, 7177–7182 Centers for Medicare & Medicaid Services Superfund program: NOTICES National oil and hazardous substances contingency Agency information collection activities; proposals, plan— submissions, and approvals, 7276–7277 National priorities list update, 7182–7189 NOTICES Civil Rights Commission Agency information collection activities; proposals, NOTICES submissions, and approvals, 7254–7255 Meetings; Sunshine Act, 7230 Environmental statements; availability, etc.: Agency statements— Coast Guard Comment availability, 7255–7256 NOTICES Weekly receipts, 7256–7257 Deepwater ports; license applications: Integrated risk information system: Compass Port, LLC, 7288–7290 n-Hexane; toxicological review, 7257–7259 Meetings: Commerce Department Scientific Counselors Board, 7259–7260 See Economic Analysis Bureau Pesticide, food, and feed additive petitions: See Industry and Security Bureau Cerexagri, Inc., 7260–7264
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Pesticides; emergency exemptions, etc.: Food and Drug Administration Carbofuran, 7264–7266 NOTICES Toxic and hazardous substances control: Reports and guidance documents; availability, etc.: Interagency Testing Committee report— Guidance documents; annual comprehensive list, 7277– Receipt and comment request, 7363–7377 7278 Veterinary Medicinal Products, International Cooperation Executive Office of the President on Harmonisation of Technical Requirements for See Management and Budget Office Approval— See Trade Representative, Office of United States Veterinary drugs residues in human food; general approach to establish microbiological acceptable Farm Service Agency daily intake; safety evaluation studies, 7278–7279 RULES Special programs: Foreign Agricultural Service Indian Tribal Land Acquisition Program; revision, 7165– NOTICES 7167 Trade adjustment assistance; applications, petitions, etc.: A. Sam Farm Inc., 7225 Federal Aviation Administration Potato Growers of Idaho, Inc., 7225 RULES Airworthiness directives: Forest Service Bell, 7167–7173 NOTICES Boeing, 7174–7176 Environmental statements; notice of intent: IFR altitudes, 7357–7361 Wasatch-Cache National Forest, UT, 7226–7227 PROPOSED RULES Meetings: Airworthiness directives: Resource Advisory Committees— Pilatus Aircraft Ltd., 7217–7219 Tri-County, 7227
Federal Communications Commission Geological Survey RULES NOTICES Radio stations; table of assignments: Meetings: New Mexico and Illinois, 7189–7190 National Cooperative Geologic Mapping Program PROPOSED RULES Advisory Committee, 7295–7296 Radio stations; table of assignments: North Carolina, 7220–7221 Various States, 7219–7222 Health and Human Services Department NOTICES See Centers for Medicare & Medicaid Services Agency information collection activities; proposals, See Food and Drug Administration submissions, and approvals, 7266–7270 See National Institutes of Health Common carrier services: See Substance Abuse and Mental Health Services Wireless telecommunications services— Administration Automated maritime telecommunications systems; licenses auction, 7270–7274 Homeland Security Department See Coast Guard Federal Emergency Management Agency See Federal Emergency Management Agency NOTICES Disaster and emergency areas: Housing and Urban Development Department Hawaii, 7290–7291 NOTICES Illinois, 7291 Agency information collection activities; proposals, Indiana, 7291 submissions, and approvals, 7292–7293 Utah, 7291–7292 Grants and cooperative agreements; availability, etc.: West Virginia, 7292 Homeless assistance; excess and surplus Federal properties, 7325–7355 Federal Energy Regulatory Commission Meetings: NOTICES Manufactured Housing Consensus Committee, 7293–7294 Electric rate and corporate regulation filings, 7252–7254 Industry and Security Bureau Federal Reserve System NOTICES NOTICES Meetings: Agency information collection activities; proposals, President’s Export Council, 7232 submissions, and approvals, 7274–7276 Interior Department Fish and Wildlife Service See Fish and Wildlife Service NOTICES See Geological Survey Endangered and threatened species and marine mammal See Land Management Bureau permit applications, 7294–7295 See Minerals Management Service Environmental statements; availability, etc.: NOTICES Incidental take permits— Meetings: Washington Natural Resources Department; salmon, Blackstone River Valley National Heritage Corridor steelhead, and bull trout, 7245–7247 Commission, 7294
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Internal Revenue Service Eastern Gulf of Mexico— RULES Oil and gas lease sales, 7303–7306 Income taxes: Partnership income; return, 7176–7177 National Aeronautics and Space Administration NOTICES International Trade Administration Environmental statements; availability, etc.: NOTICES Outrigger Telescopes Project, 7310–7311 Antidumping: Meetings: Cut-to-length carbon steel plate from— Advisory Council Romania, 7232 Space Science Advisory Committee, 7311 Freshwater crawfish tail meat from— China, 7232–7233 National Foundation on the Arts and the Humanities Orange juice from— NOTICES Brazil, 7233–7237 Meetings: Small diameter carbon and alloy seamless standard line, Humanities National Council, 7311–7312 and pressure pipe from— Romania, 7237–7240 National Highway Traffic Safety Administration Small diameter circular seamless carbon and alloy steel PROPOSED RULES standard, line, and pressure pipe from— Motor vehicle safety standards: Brazil, 7243–7245 Low-speed vehicles; additional conspicuity requirements Stainless steel sheet and strip in coils from— and warning label; rulemaking terminated, 7222– France, 7240–7243 7223
Justice Department National Institutes of Health See Antitrust Division NOTICES NOTICES Meetings: Pollution control; consent judgments: National Cancer Institute, 7279–7280 Tacoma, WA, et al., 7306 National Center for Research Resources, 7280–7281 National Eye Institute, 7281 Labor Department National Heart, Lung, and Blood Institute, 7281 See Employment Standards Administration National Institute of Diabetes and Digestive and Kidney Land Management Bureau Diseases, 7282 NOTICES National Institute of Environmental Health Sciences, Closure of public lands: 7282–7283 Wyoming, 7296 National Institute on Drug Abuse, 7281–7282 Environmental statements; availability, etc.: Scientific Review Center, 7283–7287 Jonah Infill Drilling Project, WY, 7296–7298 Meetings: National Oceanic and Atmospheric Administration Pinedale Anticline Working Group task groups, 7298– RULES 7299 Fishery conservation and management: Oil and gas leases: Northeastern United States fisheries— Wyoming, 7299 Atlantic deep-sea red crab, 7190–7191 Resource management plans, etc.: NOTICES Cascade-Siskiyou National Monument Resource Area, Committees; establishment, renewal, termination, etc.: OR, 7299–7300 International Whaling Commission, 7245 Environmental statements; availability, etc.: Library of Congress Incidental take permits— RULES Washington Natural Resources Department; salmon, Copyright office and procedures: steelhead, and bull trout, 7245–7247 Copyright claims registration— Meetings: Registration refusal decisions; reconsideration U.S. Integrated Ocean Observing System; implementation procedures, 7177 and development, 7245 Management and Budget Office National Science Foundation NOTICES NOTICES Meetings: Visa Reform Act: Acquisition Advisory Panel, 7312–7313 Eligible programs of study included in scholarship program; list, 7312 Maritime Administration NOTICES Natural Resources Conservation Service Deepwater ports; license applications: NOTICES Compass Port, LLC, 7288–7290 Environmental statements; notice of intent: Coal Creek Watershed, UT, 7227–7228 Minerals Management Service NOTICES Nuclear Regulatory Commission Outer Continental Shelf operations: PROPOSED RULES Central Gulf of Mexico— Safeguards information protection from inadvertent release Oil and gas lease sales, 7300–7303 and unauthorized disclosure, 7196–7217
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Office of Management and Budget Surface Transportation Board See Management and Budget Office NOTICES Railroad operation, acquisition, construction, etc.: Office of United States Trade Representative Burlington Northern & Santa Fe Railway Co., 7319 See Trade Representative, Office of United States Union Pacific Railroad Co., 7320
Postal Rate Commission Trade Representative, Office of United States NOTICES NOTICES Meetings; Sunshine Act, 7313 U.S.-Laos trade agreement; normal trade relations treatment granted to products of Laos, 7319 Railroad Retirement Board NOTICES Transportation Department Agency information collection activities; proposals, See Federal Aviation Administration submissions, and approvals, 7313–7314 See Maritime Administration See National Highway Traffic Safety Administration Rural Housing Service See Surface Transportation Board NOTICES Grants and cooperative agreements; availability, etc.: Treasury Department Rural Community Development Initiative; correction, See Internal Revenue Service 7228–7229 Veterans Affairs Department Securities and Exchange Commission NOTICES NOTICES Privacy Act: Investment Company Act of 1940: Systems of records, 7320–7323 Morgan Stanley AIP GP LP et al., 7314–7315 Self-regulatory organizations; proposed rule changes: Boston Stock Exchange, Inc., 7315–7316 Separate Parts In This Issue Pacific Exchange, Inc., 7316–7318 Philadelphia Stock Exchange, Inc., 7318 Part II Housing and Urban Development Department, 7325–7355 Small Business Administration NOTICES Part III Meetings: Transportation Department, Federal Aviation District and regional advisory councils— Administration, 7357–7361 Maine, 7318–7319 Applications, hearings, determinations, etc.: Part IV Horizon Ventures Fund II, L.P., 7318 Environmental Protection Agency, 7363–7377
Social Security Administration PROPOSED RULES Reader Aids Supplemental standards of ethical conduct for agency Consult the Reader Aids section at the end of this issue for employees, 7192–7196 phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. Substance Abuse and Mental Health Services To subscribe to the Federal Register Table of Contents Administration LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Agency information collection activities; proposals, archives, FEDREGTOC-L, Join or leave the list (or change submissions, and approvals, 7287–7288 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.
5 CFR Proposed Rules: Ch. LXXXI...... 7192 7 CFR 770...... 7165 10 CFR Proposed Rules: 2...... 7196 30...... 7196 40...... 7196 50...... 7196 52...... 7196 60...... 7196 63...... 7196 70...... 7196 71...... 7196 72...... 7196 73...... 7196 76...... 7196 150...... 7196 14 CFR 39 (2 documents) ....7167, 7174 95...... 7358 Proposed Rules: 39...... 7217 26 CFR 1...... 7176 37 CFR 202...... 7177 40 CFR 180...... 7177 300...... 7182 47 CFR 73...... 7189 Proposed Rules: 73 (3 documents) ...7219, 7220, 7221 49 CFR Proposed Rules: 571...... 7222 50 CFR 648...... 7190
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Rules and Regulations Federal Register Vol. 70, No. 28
Friday, February 11, 2005
This section of the FEDERAL REGISTER 770.2(b). The second change removes ITLAP loans to borrowers that have contains regulatory documents having general the requirement for an appraisal needed received an ITLAP rental value or land applicability and legal effect, most of which to apply for a rental value write-down value write-down within the last five are keyed to and codified in the Code of and replaces it with a market value rent years. The additional eligibility Federal Regulations, which is published under study report prepared by a certified requirement enables FSA to make more 50 titles pursuant to 44 U.S.C. 1510. general appraiser. Currently a complete creditworthy loans and decrease the The Code of Federal Regulations is sold by appraisal is required to establish the possibility of further Agency losses. the Superintendent of Documents. Prices of rental value of the subject property. The This rule will result in better service new books are listed in the first FEDERAL appraisal includes a comparable sales and substantial monetary and time REGISTER issue of each week. approach, an income approach and a savings for borrowers who apply for a cost approach to determine the value of write-down based on rental value. In the property. For a rental value write- addition, it will increase the protection DEPARTMENT OF AGRICULTURE down, the appraisal is excessive for the of the Government from potential loss determination of the rental value as only and reduce the agency official’s burden Farm Service Agency the income approach of the appraisal is in administering the servicing of the relevant. Therefore, the appraisal Indian Tribal Land Acquisition 7 CFR Part 770 requirement is eliminated and replaced Program. RIN 0560–AG87 with the requirement for a market value Discussion of Comments on the rent study. The market value rent study Proposed Rule Revision of Indian Tribal Land compares the rental income of Acquisition Program Loan Regulations properties similar and in the area of the On March 14, 2003, the Farm Service subject property in order to establish the Agency published a Proposed Rule (68 AGENCY: Farm Service Agency, USDA. 5-year average rental value of the land FR 12309) requesting comments ACTION: Final rule. purchased with ITLAP funds. This regarding proposed changes to ITLAP. SUMMARY: This rule clarifies the Indian change will reduce the borrower’s costs, One response was received from a Tribal Land Acquisition Program reduce the appraiser’s time required to Native American Tribe which contained (ITLAP) regulations for borrowers who complete the report, and reduce FSA’s four comments that are addressed as apply for a rental value write-down. The application processing time. The third follows: rule clarifies the method for change requires that write-down The first comment states that FSA did determining the rental value of security applicants must establish that the not comply with the provisions of for purposes of a write-down, adds a delinquency is beyond their control and Executive Order 13175 (E.O. 13175) and definition of ‘‘rental value,’’ clarifies cannot be brought current within one did not consult with this Tribe prior to other write-down eligibility provisions, year, and that they cannot meet their publishing the Proposed Rule. E.O. and limits new loan eligibility for annual loan payments. These 13175 requires that Tribal officials be borrowers who have received a write- requirements will assure that write- consulted early in the process of down in the past. These clarifications downs are provided to those borrowers developing regulations that are likely to are intended to reduce the borrower’s faced with circumstances outside their affect them. costs of applying for a rental value control. The Agency complied with the write-down, and reduce the burden on For rental value write-downs, section requirements of E.O. 13175. The Agency employees in processing 770.10(e)(4)(iv) of the existing rule proposed rule resulted from requests for requests. prohibits additional write-downs of the debt write-down and the concern that specific ITLAP loan that has received the appraisal required was too costly. EFFECTIVE DATE: March 14, 2005. the rental value write-down previously. This rule was proposed in part to FOR FURTHER INFORMATION CONTACT: Mel It also prohibits additional write-downs address that concern. This rule will Thompson, Senior Loan Officer,Farm of the specific loan that has received a reduce the cost to apply for a write- Service Agency; telephone: 202–720– land value write-down within the last down by replacing the appraisal 7862; Facsimile: 202–690–1196; E-mail: five years. This limitation is modified in requirement with a rental value market [email protected]. Persons this final rule to preclude an additional study. To comply further with E.O. with disabilities who require alternative rental value write-down of any loan 13175, the proposed rule was sent in means for communication (Braille, large when any loan has previously received advance of final Agency approval and print, audio tape, etc.) should contact a rental value write-down. It also publication to all Native American the USDA Target Center at (202) 720– prohibits a write-down of any loan Tribes that have ITLAP loans. The 2600 (voice and TDD). when the borrower has received a land original debt write-down requirements SUPPLEMENTARY INFORMATION: value write-down on any loan within published January 9, 2001, resulted the last five years. This revision limits from requests from Tribes for debt relief. Discussion of the Final Rule potential losses on future rental value This rule results from direct discussions This rule clarifies the write-down write-downs. with Tribes after publication of the 2001 servicing policies of the Farm Service In addition, the final rule adds a loan rule, consistent with the consultation Agency’s (FSA) Indian Tribal Land eligibility requirement to section 770.3. requirement of 5(b)(2) of E.O. 13175. Acquisition Loan Program (ITLAP). The Since write-downs are the consequence Thus, the Agency has complied with the first change it makes is to clarify ‘‘rental of a borrower’s seriously deteriorating requirement in EO 13175 to consult value’’ by adding a definition at section financial condition, the rule prohibits with Tribes on regulation changes.
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The second and third comments state exception authorities used in other farm Environmental Evaluation that requiring a market study of the loan programs are contingent on the The environmental impacts of this rental value of the land purchased with proposed action being consistent with rule have been considered in ITLAP funds is still impractical for a statutory authorities and in the best accordance with the provisions of the Tribe to qualify for a write-down based interests of the Government. Given the National Environmental Policy Act of on rental value. The respondent states fact that the Agency receives an 1969 (NEPA), 42 U.S.C. 4321 et seq., the that the market study would be required assignment of income from the Tribe regulations of the Council on for over 8,000 interests in land acquired through the Bureau of Indian Affairs to Environmental Quality (40 CFR Parts with ITLAP funds and the costs would cover loan payments, the Agency does 1500–1508), and the FSA regulations for be prohibitive. As an alternative to the not believe write-downs other than compliance with NEPA, 7 CFR part Agency’s proposed rule, the respondent those specifically authorized by part 770 1940, subpart G. FSA completed an suggests that the land’s rental value be would ever be in the best interests of the environmental evaluation and based on the Tribe’s ability to make Government. Therefore, the Agency concluded the rule requires no further payments on the loan and the past does not adopt the suggestion. environmental review. revenue from the land purchased with Executive Order 13175 ITLAP funds. Executive Order 12988 The Agency must utilize a valid The requirements of Executive Order This rule has been reviewed in method of valuation of the loan 13175 have been met with the accordance with E.O. 12988, Civil collateral to determine if a write-down promulgation of this rule. The rule is Justice Reform. In accordance with that of the debt is warranted. An analysis of the result of consultation with a Tribe Executive Order: (1) All State and local the value of the land based on its rental applicant for a write-down and all laws and regulations that are in conflict value was determined to be the most Tribes who currently have an ITLAP with this rule will be preempted; (2) no cost effective solution. A study of the loan were sent an advance copy of the retroactive effect will be given to this rental market in the subject area proposed rule and requested to rule; and (3) administrative proceedings performed by a certified general comment. The impact of the rule is to in accordance with 7 CFR parts 11 and appraiser according to the Uniform reduce the cost to the applicant for a 780 must be exhausted before requesting Standards for Professional Appraisal write-down by removing the appraisal judicial review. Practice (USPAP) meets this requirement and replacing it with a requirement. This substantially reduces market value rent study. In addition, Executive Order 12372 the cost to the debt write-down due to the time typically associated with As stated in the Notice related to 7 applicant by eliminating the full breadth the completion of an appraisal, the time CFR part 3015, subpart V (48 FR 29115, of requirements for a traditional associated with processing the June 24, 1983) the programs and appraisal by focusing only on the rental application is substantially reduced. activities within this rule do not require value of the land. Basing the rental Executive Order 12866 consultation with state and local value on actual income from a specific officials under the scope of Executive parcel may not be valid if that parcel is This rule has been determined under Order 12372. poorly managed, not farmed, or rented Executive Order 12866 to be not for less than market rent in the area. The significant and was not reviewed by the Unfunded Mandates write-down, and subsequently, the loss Office of Management and Budget. Title II of the Unfunded Mandates to the Government, would be more in Regulatory Flexibility Act Reform Act of 1995 (UMRA), Public such case than it would be based on a Law 104–4, requires Federal agencies to valid rental market study. Using In accordance with the Regulatory assess the effects of their regulatory historical revenues from rent, as Flexibility Act (RFA), 5 U.S.C. 601, the actions on state, local, and tribal proposed by the respondent, could Agency has determined that there will governments or the private sector of cause the debt on the land to be written be no significant economic impact on a expenditures of $100 million or more in off entirely if the borrower simply did substantial number of small entities. any one year. This rule contains no not farm or rent that parcel in recent There are currently 25 ITLAP borrowers Federal mandates, as defined by title II years. Requiring the market rental value with 107 loans totaling $59 million who of the UMRA; therefore, this rule is not study, on which to base rental value, may be affected by this rule. The RFA subject to sections 202 and 205 of the will avoid such a result. Therefore, the requires agencies to consider the impact UMRA. comment and the suggested alternative of their regulatory proposals on small to the Agency’s proposal were not entities, minimize small entity impacts, Executive Order 13132 adopted. and provide their analyses for public The policies contained in this rule do The fourth comment suggests that comment. This rule affects Indian not have any substantial direct effect on FSA authorize certain Agency officials Tribes, and such Tribes are not small states, on the relationship between the to make an exception to the write-down businesses as defined by and subject to national government and the states, or regulation to avoid appraisal the Regulatory Flexibility Act. on the distribution of power and requirements. The respondent asserts Nevertheless, this rule provides a responsibilities among the various that ‘‘FSA has exception authority for substantial reduction in cost to the debt levels of government. Nor does this rule those programs utilized by non-Indian write-down applicant. Thus, to the impose substantial direct compliance borrowers and USDA civil rights extent an Indian Tribe may be affected costs on state and local governments. policies require that Native Americans by this rule, there are no negative be treated equitably.’’ impacts. Further, FSA stated its finding Paperwork Reduction Act A general exception authority is not in the proposed rule at 68 FR 12309, The information collections were necessary to address the problem of March 14, 2003, that the rule will not previously approved under OMB appraisals intended to be corrected by have a significant economic impact on control number 0560–0198, but the this rule. The appraisal requirement is a substantial number of small entities, package was retired since there are less being replaced with a market value rent and received no comments on this than ten respondents annually and the study requirement. Furthermore, typical finding. collections are, therefore, not subject to
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the Paperwork Burden Act. The number (iv) The loan has not previously been requires replacing each unairworthy of estimated annual respondents is not written down under paragraph (e)(4) of grip or pitch horn with an airworthy increased by this rule and the time this section and has not been written part before further flight. This burden on respondents is decreased. down within the last 5 years under this amendment requires those same actions, paragraph, and and also requires an additional Federal Assistance Program (v) The borrower must meet the inspection of the grip and pitch horn The changes affect the following eligibility requirements of paragraphs assembly for a crack in the disassembled program listed in the Catalog of Federal (a)(1)(ii) or (iii) of this section. hub assembly, and replacing any Domestic Assistance: 10.421—Indian (4) Rental value write-down. cracked part with an airworthy part. Tribes and Tribal Corporation Loans. * * * * * This amendment is prompted by the List of Subjects in 7 CFR Part 770 (iii) The borrower provides a current determination that an additional market value rent study report for the enhanced inspection is needed to Agriculture, Credit, Indians, Rural land for the preceding 5 years, which ensure the integrity of the hub assembly. areas, Loan programs. identifies the average rental value. The The actions specified by this AD are I Accordingly, for the reasons stated in report must be prepared by a certified intended to prevent failure of the grip or the preamble, 7 CFR part 770 is amended general appraiser and meet the pitch horn and subsequent loss of as follows: requirements of USPAP; control of the helicopter. (iv) The borrower has not previously DATES: Effective March 18, 2005. PART 770—INDIAN TRIBAL LAND received a write-down under this FOR FURTHER INFORMATION CONTACT: ACQUISITION LOANS paragraph and has not had a loan Charles Harrison, Aviation Safety written down within the last 5 years I 1. The authority citation for part 770 Engineer, FAA, Rotorcraft Directorate, under paragraph (e)(3) of this section, continues to read as follows: Safety Management Group, Fort Worth, and Texas 76193–0110, telephone (817) Authority: 5 U.S.C. 301, 25 U.S.C. 490. (v) The borrower must meet the 222–5128, fax (817) 222–5961. I 2. Amend § 770.2 by adding the eligibility requirements of paragraph abbreviation USPAP in alphabetical (a)(1)(ii) or (iii) of this section. SUPPLEMENTARY INFORMATION: A order in paragraph (a) and a definition * * * * * proposal to amend 14 CFR part 39 by superseding AD 2002–08–54, for Rental value in alphabetical order in Signed in Washington, DC, on January 25, paragraph (b) to read as follows: Amendment 39–12835 (67 FR 50793, 2005. August 6, 2002), and a correction § 770.2 Abbreviations and definitions. James R. Little, published on August 21, 2002 (67 FR (a) Abbreviations. Administrator, Farm Service Agency. 54259), for the specified BHTC model [FR Doc. 05–2678 Filed 2–10–05; 8:45 am] * * * * * helicopters was published in the USPAP Uniform Standards of BILLING CODE 3410–05–P Federal Register on January 21, 2004 Professional Appraisal Practice. (69 FR 2855). The action proposed to (b) Definitions. require, before further flight and at DEPARTMENT OF TRANSPORTATION specified intervals, visually checking * * * * * each affected grip and pitch horn for a Rental value is the potential annual Federal Aviation Administration crack. The action also proposed to rental income of a parcel of real estate require using a 10-power or higher as determined by a market analysis of 14 CFR Part 39 magnifying glass to visually inspect annual rental incomes of like real estate each affected grip and pitch horn for a in the subject property area. [Docket No. 2003–SW–23–AD; Amendment 39–13966; AD 2005–03–10] crack at specified intervals. If a crack is * * * * * found, the action proposed replacing I 3. Amend § 770.3 by adding paragraph RIN 2120–AA64 each unairworthy grip or pitch horn (h) to read as follows: with an airworthy part before further Airworthiness Directives; Bell flight. § 770.3 Eligibility requirements. Helicopter Textron, A Division of BHTC has issued Bell Helicopter * * * * * Textron Canada Model 222, 222B, 222U and 230 Helicopters Textron Alert Service Bulletin No. 222– (h) Have not received a write-down as 02–93, Revision A, No. 222U–02–64, provided in § 770.10(e) within the AGENCY: Federal Aviation Revision A, and 230–02–26, Revision A, preceding 5 years. Administration, DOT. all dated March 3, 2003. The service I 4. Amend § 770.10 by revising ACTION: Final rule. bulletins introduce a daily check and a paragraphs (e)(3)(iii) and (e)(3)(iv), recurrent 25 hour inspection adding paragraph (e)(3)(v), revising SUMMARY: This amendment supersedes requirement for grips and pitch horns paragraphs (e)(4)(iii) and (e)(4)(iv) and an existing airworthiness directive (AD) with more than 1,250 hours since new. adding paragraph (e)(4)(v), to read as for Bell Helicopter Textron, A Division In addition, the service bulletins follows: of Textron Canada (BHTC) Model 222, provide inspection instructions for the § 770.10 Servicing. 222B, 222U, and 230 helicopters, that main rotor grip assemblies and pitch currently requires a visual check of each horns. The service bulletins also specify * * * * * main rotor grip (grip) and pitch horn that all main rotor hub assemblies, (e) Debt write-down. assembly without disassembling the which have accumulated more than * * * * * main rotor hub assembly (hub 2,500 hours of operation since new, (3) Land value write-down. assembly), and a visual inspection at overhaul, or the last 2,500 hour * * * * * specified intervals of each affected grip scheduled inspection, be inspected in (iii) The loan was made more than 5 and pitch horn assembly for a crack accordance with maintenance years prior to the application for land using a 10-power or higher magnifying requirements listed in Chapter 5 of the value write-down; glass. If a crack is found, the existing AD applicable maintenance manual.
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Transport Canada, the airworthiness for AD purposes. However, we have contained in the Rules Docket. A copy authority for Canada, notified the FAA revised this preamble statement to more of it may be obtained from the Rules that an unsafe condition may exist on accurately reflect their status and Docket at the FAA, Office of the these helicopter models. They have removed the reference to the location of Regional Counsel, Southwest Region, determined that a newly developed their ‘‘manufacture.’’ 2601 Meacham Blvd., Room 663, Fort enhanced inspection is required at 2,500 Also, in our proposal, although we Worth, Texas. hours air time in service in addition to referenced the updated Transport the daily check and 25 hour visual Canada AD, CF–2002–23R1, dated May Authority for This Rulemaking repetitive inspection to ensure integrity 7, 2003, in the preamble discussion, we Title 49 of the United States Code of the components. Transport Canada inadvertently referenced the previous specifies the FAA’s authority to issue also advises of the need for repeated Transport Canada AD, CF–2002–23, rules on aviation safety. Subtitle I, daily checks and visual inspections at dated April 2, 2002, in the note at the Section 106, describes the authority of specified intervals, as well as enhanced end of our proposal. We have corrected the FAA Administrator. Subtitle VII, inspections at specified intervals, of the that reference as well as corrected the Aviation Programs, describes in more grip and pitch horn for a crack until the ‘‘Note’’ numbering in this final rule. detail the scope of the Agency’s cause of the premature failures is After careful review of the available authority. data, including the comment noted determined. Transport Canada classified We are issuing this rulemaking under above, the FAA has determined that air the BHTC alert service bulletins as the authority described in Subtitle VII, mandatory and issued AD No. CF– safety and the public interest require Part A, Subpart III, Section 44701, 2002–23R1, dated May 7, 2003, to adopting the rule with the changes ‘‘General requirements.’’ Under that ensure the continued airworthiness of described previously. The FAA has section, Congress charges the FAA with these helicopters. determined that these changes will promoting safe flight of civil aircraft in These helicopter models are type neither increase the economic burden air commerce by prescribing regulations certificated in Canada and are type on any operator nor increase the scope for practices, methods, and procedures certificated for operation in the United of the AD. States under the provisions of 14 CFR The FAA estimates that this AD will the Administrator finds necessary for 21.29 and the applicable bilateral affect 107 helicopters of U.S. registry, safety in air commerce. This regulation agreement. Pursuant to this bilateral and the actions will take approximately is within the scope of that authority agreement, Transport Canada has kept 32 work hours per helicopter to because it addresses an unsafe condition the FAA informed of the situation accomplish at an average labor rate of that is likely to exist or develop on described above. The FAA has $65 per work hour. The cost of the main products identified in this rulemaking examined the findings of Transport rotor grip is either $26,226 or $37,748 action. Canada, reviewed all available and the cost of a pitch horn is either List of Subjects in 14 CFR Part 39 information, and determined that AD $6,863 or $15,281 (2 pitch horns and 2 action is necessary for products of these grips per helicopter). Based on these Air transportation, Aircraft, Aviation type designs that are certificated for figures, the total estimated cost impact safety, Safety. operation in the United States. of the AD on U.S. operators is $2,080 Adoption of the Amendment Interested persons have been afforded per helicopter each year or $222,560 for an opportunity to participate in the the entire fleet, and if all parts are I Accordingly, pursuant to the authority making of this amendment. Due replaced, is $11,570,766, assuming the delegated to me by the Administrator, consideration has been given to the most expensive grips and pitch horns the Federal Aviation Administration comment received. are required. amends part 39 of the Federal Aviation One commenter questioned the Regulations (14 CFR part 39) as follows: accuracy of the statement in the Regulatory Findings preamble to the NPRM, in which we The regulations adopted herein will PART 39—AIRWORTHINESS stated, ‘‘These helicopter models are not have a substantial direct effect on DIRECTIVES manufactured in Canada and are type the States, on the relationship between certificated for operation in the United the national Government and the States, I 1. The authority citation for part 39 States under the provisions of 14 CFR or on the distribution of power and continues to read as follows: 21.29 and the applicable bilateral responsibilities among the various Authority: 49 U.S.C. 106(g), 40113, 44701. agreement.’’ The commenter states that levels of government. Therefore, it is the ‘‘proposed AD is not 100% correct.’’ determined that this final rule does not § 39.13 [Amended] He states that ‘‘[t]he 222 models were have federalism implications under I 2. Section 39.13 is amended by made in the USA and the 230 Executive Order 13132. removing Amendment 39–12835 (67 FR helicopters were made in Canada. The For the reasons discussed above, I 50793, August 6, 2002), and by adding a type certificate may have been changed certify that this action (1) is not a new airworthiness directive (AD), to Transport Canada.’’ We agree. ‘‘significant regulatory action’’ under Amendment 39–13966, to read as However, regardless of where these Executive Order 12866; (2) is not a follows: helicopter models were manufactured, ‘‘significant rule’’ under DOT since the type certificates under which Regulatory Policies and Procedures (44 2005–03–10 Bell Helicopter Textron, a Division of Textron Canada: they operate in the United States are FR 11034, February 26, 1979); and (3) Amendment 39–13966. Docket No. issued by the FAA based on the current will not have a significant economic 2003–SW–23–AD. Supersedes AD 2002– Canadian type certificates for all these impact, positive or negative, on a 08–54, Amendment 39–12835, Docket models under the provisions of 14 CFR substantial number of small entities No. 2002–SW–22–AD. § 21.29 and the applicable bilateral under the criteria of the Regulatory Applicability: The following model agreement, the location where they were Flexibility Act. A final evaluation has helicopters with the listed part number (P/N) manufactured is of limited importance been prepared for this action and it is installed, certificated in any category:
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With grip With pitch horn Model With hub assembly P/N assembly P/N assembly P/N
(1) 222 or 222B ...... 222–011–101–103,¥105,¥107, or ¥109 ...... 222–010–104–105 222–011–104–101 222–012–101–103, or ¥107 ...... 222–012–104–101 222–012–102–101 (2) 222U ...... 222–011–101–105, ¥107, or ¥109 ...... 222–010–104–105 222–011–104–101 222–012–101–103, or ¥107 ...... 222–012–104–101 222–012–102–101 (3) 230 ...... 222–012–101–105, or ¥109 ...... 222–012–104–101 222–012–102–101
Compliance: Required as indicated, unless accumulated 1,250 or more hours time-in- (1) Wipe clean the main rotor grip and accomplished previously. service (TIS) since initial installation on any pitch horn surfaces to remove grease and dirt To prevent failure of the grip or pitch horn helicopter, accomplish the following: in the check area as shown in Figure 1 of this and subsequent loss of control of the (a) Before further flight and thereafter at AD: helicopter, if either the grip or pitch horn has intervals not to exceed 8 hours TIS: BILLING CODE 4910–13–P
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(2) Visually check both main rotor grips for grip, which are in direct contact with the grip to pitch and grip to blade contact areas a crack. Pay particular attention to the pitch horns and the main rotor blades and as shown in Figure 2 of this AD: inboard and outboard tangs portions of the check the area to at least 3 inches beyond the
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(3) Visually check all visible portions of horns, which are in direct contact with the large bolt cutouts, as shown in Figure 4 of each pitch horn for a crack. Pay particular inboard tangs of the main rotor grips, as this AD: attention to the attachment lugs of the pitch shown in Figure 3 of this AD, and the four
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BILLING CODE 4910–13–C (3) Inspect the pitch horn-to-grip (f) This amendment becomes effective on (4) An owner/operator (pilot) holding at attachment bolts and the flapping bearing-to- March 18, 2005. least a private pilot certificate may perform yoke attachment bolts using a magnetic- Note 2: The subject of this AD is addressed the visual check required by paragraph (a) of particle inspection method. If any of these this AD. The pilot must enter compliance in Transport Canada (Canada) AD No. CF– attachment bolts are made from non- 2002–23R1, dated May 7, 2003. with this paragraph into the helicopter magnetic material, inspect those attachment records in accordance with 14 CFR 43.11 and bolts using a fluorescent-penetrant inspection Issued in Fort Worth, Texas, on February 91.417(a)(2)(v)). method. 2, 2005. (b) Within 7 days or 10 hours TIS, (4) During reassembly, install new buffers David A. Downey, whichever occurs first, and thereafter at on the pitch horn and flapping bearing intervals not to exceed 25 hours TIS, without assemblies. Manager, Rotorcraft Directorate, Aircraft disassembling the main rotor hub assembly (d) If a crack is found, replace the cracked Certification Service. (hub assembly) and using a 10-power or part with an airworthy part before further [FR Doc. 05–2609 Filed 2–10–05; 8:45 am] higher magnifying glass, inspect each grip flight. and pitch horn assembly for a crack in BILLING CODE 4910–13–P accordance with paragraphs (a)(1), (a)(2), and Note 1: Bell Helicopter Textron Alert (a)(3) of this AD. Service Bulletin No. 222–02–93, Revision A, (c) Within 300 hours TIS or 6 months, No. 222U–02–64, Revision A, and 230–02– whichever occurs first, for each hub assembly 26, Revision A, all dated March 3, 2003, with 2,500 or more and less than 4,500 hours pertain to the subject of this AD. TIS, and within 2,500 hours TIS for each hub (e) To request a different method of assembly with less than 2,500 hours TIS: compliance or a different compliance time (1) Disassemble and clean the main rotor for this AD, follow the procedures in 14 CFR hub assembly. 39.19. Contact the Safety Management Group, (2) Inspect the grip and pitch horn Rotorcraft Directorate, FAA, for information assembly using a fluorescent-penetrant about previously approved alternative inspection method. methods of compliance.
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DEPARTMENT OF TRANSPORTATION disposition. You can examine the AD Organization rather than the Designated docket on the Internet at http:// Engineering Representative (DER). Federal Aviation Administration dms.dot.gov, or in person at the Docket Conclusion Management Facility office between 9 14 CFR Part 39 a.m. and 5 p.m., Monday through We have carefully reviewed the available data and determined that air [Docket No. FAA–2004–19446; Directorate Friday, except Federal holidays. The Identifier 2004–NM–130–AD; Amendment Docket Management Facility office safety and the public interest require 39–13967; AD 2005–03–11] (telephone (800) 647–5227) is located on adopting the AD with the changes the plaza level of the Nassif Building at described previously. We have RIN 2120–AA64 the U.S. Department of Transportation, determined that these changes will neither increase the economic burden Airworthiness Directives; Boeing 400 Seventh Street SW., room PL–401, on any operator nor increase the scope Model 767–200 and –300 Series Washington, DC. This docket number is FAA–2004–19446; the directorate of the AD. Airplanes identifier for this docket is 2004–NM– Costs of Compliance AGENCY: Federal Aviation 130–AD. Administration (FAA), Department of FOR FURTHER INFORMATION CONTACT: There are about 162 airplanes Transportation (DOT). Suzanne Masterson, Aerospace worldwide of the affected design. This ACTION: Final rule. Engineer, Airframe Branch, ANM–120S, new AD affects about 99 airplanes of FAA, Seattle Aircraft Certification U.S. registry. SUMMARY: The FAA is superseding an Office, 1601 Lind Avenue, SW., Renton, The actions that are required by AD existing airworthiness directive (AD), Washington 98055–4056; telephone 2004–05–10 and retained in this new which applies to certain Boeing Model (425) 917–6441; fax (425) 917–6590. AD take about 22 work hours per airplane, at an average labor rate of $65 767 series airplanes. That AD currently SUPPLEMENTARY INFORMATION: The FAA requires repetitive detailed and eddy proposed to amend part 39 of the per work hour. Based on these figures, current inspections of the aft pressure Federal Aviation Regulations (14 CFR the estimated cost of the currently bulkhead for damage and cracking, and Part 39) with an AD to supersede AD required actions is $1,430 per airplane, repair if necessary. This new AD also 2004–05–10, amendment 39–13505 (69 per inspection cycle. requires one-time detailed and high FR 10321, March 5, 2004). The existing The new actions take about 2 work frequency eddy current inspections of AD applies to certain Boeing Model 767 hours per ‘‘oil-can,’’ at an average labor any ‘‘oil-can’’ located on the aft pressure series airplanes. The proposed AD was rate of $65 per work hour. Based on bulkhead, and related corrective actions published in the Federal Register on these figures, the estimated cost of the if necessary. An ‘‘oil-can’’ is an area on October 26, 2004 (69 FR 62421), to new actions specified in this new AD a pressure dome web that moves when continue to require repetitive detailed for U.S. operators is $130 per ‘‘oil-can.’’ pushed from the forward side. This AD and eddy current inspections of the aft The number of ‘‘oil cans’’ varies per is prompted by reports of cracking at pressure bulkhead for damage and airplane, so an estimate per airplane or ‘‘oil-can’’ boundaries on the aft pressure cracking, and repair if necessary, and to for the U.S. registered fleet is not bulkhead. We are issuing this AD to require one-time detailed and high available. detect and correct fatigue cracking of the frequency eddy current inspections of Authority for This Rulemaking aft pressure bulkhead, which could any ‘‘oil-can’’ located on the aft pressure Title 49 of the United States Code result in rapid depressurization of the bulkhead, and related corrective actions specifies the FAA’s authority to issue airplane and possible damage or if necessary. interference with the airplane control rules on aviation safety. Subtitle I, systems that penetrate the bulkhead, Comments Section 106, describes the authority of and consequent loss of controllability of We provided the public the the FAA Administrator. Subtitle VII, the airplane. opportunity to participate in the Aviation Programs, describes in more detail the scope of the Agency’s DATES: This AD becomes effective development of this AD. No comments have been submitted on the proposed authority. March 18, 2005. We are issuing this rulemaking under On March 22, 2004 (69 FR 10321, AD or on the determination of the cost the authority described in Subtitle VII, March 5, 2004), the Director of the to the public. Part A, Subpart III, Section 44701, Federal Register approved the Clarification of Alternative Methods of ‘‘General requirements.’’ Under that incorporation by reference of Boeing Compliance (AMOC) Language in the section, Congress charges the FAA with Alert Service Bulletin 767–53A0026, Proposed AD promoting safe flight of civil aircraft in Revision 5, dated January 29, 2004. We have revised paragraph (l)(3) of air commerce by prescribing regulations ADDRESSES: For service information the AD to clarify which portions of the for practices, methods, and procedures identified in this AD, contact Boeing AD the previously approved AMOC the Administrator finds necessary for Commercial Airplanes, P.O. Box 3707, applies to. We have replaced ‘‘*** safety in air commerce. This regulation Seattle, Washington 98124–2207. You with this AD.’’ with ‘‘* * * for the is within the scope of that authority can examine this information at the corresponding requirements of this because it addresses an unsafe condition National Archives and Records AD.’’ that is likely to exist or develop on Administration (NARA). For products identified in this rulemaking Changes to Delegation Authority information on the availability of this action. material at NARA, call (202) 741–6030, Boeing has received a Delegation or go to: http://www.archives.gov/ Option Authorization (DOA). We have Regulatory Findings federal_register/ revised this final rule to delegate We have determined that this AD will code_of_federal_regulations/ authority to approve an alternative not have federalism implications under ibr_locations.html. method of compliance for any repair Executive Order 13132. This AD will DOCKET: The AD docket contains the required by this AD to the Authorized not have a substantial direct effect on proposed AD, comments, and any final Representative for the Boeing DOA the States, on the relationship between
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the national government and the States, airplanes. We are issuing this AD to detect New Requirements of This AD and correct fatigue cracking of the aft or on the distribution of power and ‘‘Oil-Can’’ Inspection and Repair responsibilities among the various pressure bulkhead, which could result in rapid depressurization of the airplane and (h) Before the accumulation of 37,500 total levels of government. flight cycles, or within 1,800 flight cycles For the reasons discussed above, I possible damage or interference with the airplane control systems that penetrate the after the effective date of this AD, whichever certify that this AD: bulkhead, and consequent loss of occurs later: Do a one-time detailed and (1) Is not a ‘‘significant regulatory controllability of the airplane. surface high frequency eddy current action’’ under Executive Order 12866; inspections at all ‘‘oil-can’’ locations of the (2) Is not a ‘‘significant rule’’ under Compliance aft pressure bulkhead web for damage and DOT Regulatory Policies and Procedures (e) You are responsible for having the cracks, in accordance with Figure 4 of the (44 FR 11034, February 26, 1979); and actions required by this AD performed within Accomplishment Instructions of the Boeing ASB 767–53A0026, Revision 5, dated January (3) Will not have a significant the compliance times specified, unless the actions have already been done. 29, 2004. All ‘‘oil-cans’’ must meet the limits economic impact, positive or negative, specified in the service bulletin. on a substantial number of small entities Requirements of AD 2004–05–10 Note 2: An ‘‘oil-can’’ is an area on a under the criteria of the Regulatory pressure dome web that moves when pushed Flexibility Act. Detailed Inspections and Eddy Current Inspections from the forward side. We prepared a regulatory evaluation (1) If no damage and no crack are found, (f) Perform a detailed inspection for of the estimated costs to comply with no further action is required by this this AD. See the ADDRESSES section for damage and cracking of the aft side of the aft paragraph. a location to examine the regulatory pressure bulkhead and perform high (2) If any damage or crack is found, before frequency and low frequency eddy current evaluation. further flight, repair in accordance with the inspections for cracking of the aft pressure service bulletin, except as required by List of Subjects in 14 CFR Part 39 bulkhead, in accordance with the paragraph (i) of this AD. Accomplishment Instructions of Boeing ASB Air transportation, Aircraft, Aviation (3) If any ‘‘oil can’’ does not meet the limits 767–53A0026, Revision 5, dated January 29, specified in the service bulletin, before safety, Incorporation by reference, 2004, at the later of the times specified in further flight, repair the ‘‘oil can’’ in Safety. paragraph (f)(1) or (f)(2) of this AD. accordance with the service bulletin, except Thereafter, repeat these inspections at Adoption of the Amendment as required by paragraph (i) of this AD. intervals not to exceed 1,800 flight cycles. (i) Where the service bulletin specifies to I Accordingly, under the authority Note 1: For the purposes of this AD, a contact Boeing for repair data, before further delegated to me by the Administrator, detailed inspection is: ‘‘An intensive visual flight, repair the damage or crack in the FAA amends 14 CFR part 39 as examination of a specific structural area, accordance with a method approved by the Manager, Seattle ACO, FAA; or in accordance follows: system, installation, or assembly to detect damage, failure, or irregularity. Available with data meeting the type certification basis PART 39—AIRWORTHINESS lighting is normally supplemented with a of the airplane approved by an AR for the Boeing DOA Organization who has been DIRECTIVES direct source of good lighting at intensity deemed appropriate by the inspector. authorized by the FAA to make those I 1. The authority citation for part 39 Inspection aids such as mirror, magnifying findings. For a repair method to be approved, as required by this paragraph, the approval continues to read as follows: lenses, etc., may be used. Surface cleaning and elaborate access procedures may be must specifically reference this AD. Authority: 49 U.S.C. 106(g), 40113, 44701. required.’’ (j) Inspections and repairs accomplished before the effective date of this AD in § 39.13 [Amended] (1) Prior to the accumulation of 25,000 accordance with Boeing ASB 767–53A0026, total flight cycles, or within 1,800 flight Revision 4, dated March 27, 2003, are I 2. The FAA amends § 39.13 by cycles after the most recent inspection done removing amendment 39–13505 (69 FR considered acceptable for compliance with in accordance with AD 88–19–03 R1, paragraph (h) of this AD. 10321, March 5, 2004), and by adding the amendment 39–6532, whichever occurs later; following new airworthiness directive or Determining the Number of Flight Cycles for (AD): (2) Within 90 days after March 22, 2004 Compliance Time (the effective date of AD 2004–05–10). 2005–NM–03–11 Boeing: Amendment 39– (k) For the purposes of calculating the 13967. Docket No. FAA–2004–19446; Repair Requirements compliance threshold for the actions required Directorate Identifier 2004–NM–130–AD. by paragraph (f) and (h) of this AD, the (g) If any damage or cracking is detected number of flight cycles in which cabin Effective Date during any inspections required by paragraph differential pressure is at 2.0 pounds per (f) of this AD: Before further flight (a) This AD becomes effective March 18, square inch (psi) or less must be counted accomplish the requirements of paragraph 2005. when determining the number of flight cycles (g)(1) or (g)(2) of this AD, as applicable: that have occurred on the airplane. Where Affected ADs (1) For repairs within the limits of the the service bulletins and this AD differ, the (b) This AD supersedes AD 2004–05–10, Accomplishment Instructions of Boeing ASB AD prevails. amendment 39–13505. 767–53A0026, Revision 5, dated January 29, 2004, repair in accordance with the ASB. Alternative Methods of Compliance Applicability (2) For any repairs outside the limits, (AMOCs) (c) This AD applies to Boeing Model 767– repair in accordance with a method approved (l)(1) The Manager, Seattle ACO, FAA, has 200 and –300 series airplanes, certificated in by the Manager, Seattle Aircraft Certification the authority to approve AMOCs for this AD, any category, as identified in Boeing Alert Office (ACO), FAA; or in accordance with if requested in accordance with the Service Bulletin (ASB) 767–53A0026, data meeting the type certification basis of procedures found in 14 CFR 39.19. Revision 5, dated January 29, 2004. the airplane approved by an Authorized (2) An AMOC that provides an acceptable Representative (AR) for the Boeing level of safety may be used for any repair Unsafe Condition Delegation Option Authorization (DOA) required by this AD, if it is approved by an (d) This AD was prompted by reports of Organization who has been authorized by the AR for the Boeing DOA Organization who cracking at ‘‘oil-can’’ boundaries on a Boeing FAA to make those findings. For a repair has been authorized by the FAA to make Model 747 series airplane’s aft pressure method to be approved, as required by this those findings. bulkhead, which is similar to the aft pressure paragraph, the approval must specifically (3) Alternative methods of compliance, bulkheads on Boeing Model 767 series reference this AD. approved previously in accordance with AD
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2004–05–10, are approved as alternative rulemaking by cross reference to and Treasury Department participated methods of compliance for the corresponding temporary regulations (REG–115472–03) in their development. requirements of this AD. in the Federal Register, and temporary List of Subjects in 26 CFR Part 1 Material Incorporated by Reference regulations in TD 9094 (68 FR 63733), (m) You must use Boeing Alert Service under section 6031 of the Internal Income taxes, Reporting and Bulletin 767–53A0026, Revision 5, dated Revenue Code (Code). Written recordkeeping requirements. January 29, 2004, to perform the actions that comments and requests for a public are required by this AD, unless the AD hearing were solicited. No public Adoption of Amendments to the specifies otherwise. The Director of the hearing was requested, and no Regulations Federal Register previously approved the comments were received. Therefore, the incorporation by reference of this document proposed regulations under section I Accordingly, 26 CFR part 1 is amended on March 22, 2004 (69 FR 10321, March 5, 6031 are adopted as final regulations as follows: 2004). For copies of the service information, without any changes. The temporary contact Boeing Commercial Airplanes, P.O. PART 1—INCOME TAXES Box 3707, Seattle, Washington 98124–2207. regulations are removed. For information on the availability of this Explanation of Provisions I Paragraph 1. The authority citation for material at the National Archives and The following is a general explanation part 1 is amended by removing the entry Records Administration (NARA), call (202) for § 1.6031(a)–1T, and revising the entry 741–6030, or go to http://www.archives.gov/ of the provisions in the final federal_register/code_of_federal_regulations/ regulations, which are the same as the for § 1.6031(a)–1 to read, in part, as ibr_locations.html. You may view the AD provisions in the temporary regulations. follows: docket at the Docket Management Facility, The Commissioner may, in published Authority: 26 U.S.C. 7805. * * * U.S. Department of Transportation, 400 guidance, provide an exception to the Section 1.6031(a)–1 also issued under Seventh Street SW., room PL–401, Nassif reporting requirements of section section 404 of the Tax Equity and Fiscal Building, Washington, DC. 6031(a) for partnerships in situations in Responsibility Act of 1982 (Public Law 97– 248; 96 Stat. 324, 669) (TEFRA). * * * Issued in Renton, Washington, on January which all or substantially all of the partnership’s income is derived from 31, 2005. I Par. 2. Section 1.6031(a)–1 is amended the holding or disposition of tax-exempt Kalene C. Yanamura, as follows: obligations (as defined in section Acting Manager, Transport Airplane I Directorate, Aircraft Certification Service. 1275(a)(3) and § 1.1275–1(e)) or shares 1. In paragraph (a)(1), the first sentence is amended by removing the language [FR Doc. 05–2578 Filed 2–10–05; 8:45 am] in a RIC that pays exempt-interest ‘‘and § 1.6031(a)–1T’’ immediately BILLING CODE 4910–13–P dividends (as defined in section 852(b)(5)). The exception may be following the language ‘‘of this section’’. conditioned on substitute reporting and I 2. Paragraphs (a)(3)(ii) and (f) are DEPARTMENT OF THE TREASURY eligibility and other requirements. In revised to read as follows: conjunction with issuance of the temporary regulations, the § 1.6031(a)–1 Return of partnership Internal Revenue Service income. Commissioner published Rev. Proc. 26 CFR Part 1 2003–84 (2003–48 I.R.B. 1159), which (a) * * * provides for an exception to section (3) * * * [TD 9177] 6031 for specified eligible partnerships. (ii) The Commissioner may, in RIN 1545–BC04 Special Analyses guidance published in the Internal Return of Partnership Income It has been determined that this Revenue Bulletin (see Treasury decision is not a significant § 601.601(d)(2)(ii)(b) of this chapter), AGENCY: Internal Revenue Service (IRS), regulatory action as defined in provide for an exception to partnership Treasury. Executive Order 12866. Therefore, a reporting under section 6031 and for ACTION: Final regulations and removal of regulatory assessment is not required. It conditions for the exception, if all or temporary regulations. has also been determined that section substantially all of a partnership’s 553(b) of the Administrative Procedure income is derived from the holding or SUMMARY: This document contains final disposition of tax-exempt obligations (as regulations that authorize the Act (5 U.S.C. chapter 5) does not apply to these regulations. These regulations defined in section 1275(a)(3) and Commissioner to provide exceptions to § 1.1275–1(e)) or shares in a regulated the requirements of section 6031(a) of impose no new collection of information on small entities; therefore investment company (as defined in the Internal Revenue Code for certain section 851(a)) that pays exempt-interest partnerships by guidance published in a Regulatory Flexibility Analysis under the Regulatory Flexibility Act (5 U.S.C. dividends (as defined in section the Internal Revenue Bulletin. The 852(b)(5)). regulations adopt the rules of the chapter 6) is not required. Pursuant to * * * * * temporary regulations without any section 7805(f) of the Code, the changes. proposed regulations preceding these (f) Effective dates. This section regulations were submitted to the Chief applies to taxable years of a partnership DATES: Effective Date: These regulations Counsel for Advocacy of the Small beginning after December 31, 1999, are effective November 5, 2003. Business Administration for comment except that— FOR FURTHER INFORMATION CONTACT: on its impact on small business. David A. Shulman, (202) 622–3070 (not (1) Paragraph (b)(3) of this section a toll-free number). Drafting Information applies to taxable years of a foreign partnership beginning after December SUPPLEMENTARY INFORMATION: The principal author of these regulations is David A. Shulman of the 31, 2000; and Background Office of the Associate Chief Counsel (2) Paragraph (a)(3)(ii) of this section On November 10, 2003, the IRS and (Passthroughs & Special Industries), IRS. applies to taxable years of a partnership Treasury published a notice of proposed However, other personnel from the IRS beginning on or after November 5, 2003.
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§ 1.6031(a)–1T [Removed] I 3. Amend § 202.5(c)(2) by removing through Friday, excluding legal I Par. 3. Section 1.6031(a)–1T is ‘‘§ 201.3(d)(4)’’ and adding holidays. The docket telephone number removed. ‘‘§ 201.3(d)(3)(ii)’’ in its place. is (703) 305–5805. Dated: February 8, 2005. FOR FURTHER INFORMATION CONTACT: Mark E. Matthews, Marilyn J. Kretsinger, Barbara Madden, Registration Division Deputy Commissioner for Services and (7505C), Office of Pesticide Programs, Enforcement. Associate General Counsel. [FR Doc. 05–2720 Filed 2–10–05; 8:45 am] Environmental Protection Agency, 1200 Approved: January 26, 2005. Pennsylvania Ave., NW., Washington, BILLING CODE 1410–30–S Eric Solomon, DC 20460–0001; telephone number: Acting Deputy Assistant Secretary of the (703) 305–6463; e-mail address: Treasury (Tax Policy). [email protected]. [FR Doc. 05–2725 Filed 2–10–05; 8:45 am] ENVIRONMENTAL PROTECTION AGENCY SUPPLEMENTARY INFORMATION: BILLING CODE 4830–01–P 40 CFR Part 180 I. General Information A. Does this Action Apply to Me? LIBRARY OF CONGRESS [OPP–2005–0015; FRL–7696–8] You may be potentially affected by Copyright Office Thiamethoxam; Pesticide Tolerances this action if you are an agricultural for Emergency Exemptions producer, food manufacturer, or 37 CFR Parts 202 AGENCY: Environmental Protection pesticide manufacturer. Potentially Agency (EPA). affected entities may include, but are [Docket No. RM 2004–5] not limited to: ACTION: Final rule. • Crop production (NAICS code 111) Reconsideration Procedure • SUMMARY: This regulation establishes a Animal production (NAICS code AGENCY: Copyright Office, Library of time-limited tolerance for combined 112) • Congress residues of thiamethoxam and its Food manufacturing (NAICS code ACTION: 311) Final rule: technical metabolite, (CGA-322704) in or on • amendment. artichoke, globe. This action is in Pesticide manufacturing (NAICS response to EPA’s granting of an code 32532) SUMMARY: This document makes emergency exemption under section 18 This listing is not intended to be technical amendments to the Copyright of the Federal Insecticide, Fungicide, exhaustive, but rather provides a guide Office regulation permitting copyright and Rodenticide Act (FIFRA) for readers regarding entities likely to be applicants to request reconsideration of authorizing use of the pesticide on affected by this action. Other types of decisions to refuse registration. artichoke. This regulation establishes a entities not listed in this unit could also DATES: Effective February 11, 2005. maximum permissible level for residues be affected. The North American FOR FURTHER INFORMATION CONTACT: of thiamethoxam and its metabolite, Industrial Classification System Marilyn J. Kretsinger, Associate General (CGA-322704) in this food commodity. (NAICS) codes have been provided to Counsel, or Sandra Jones, Writer–Editor, The tolerance will expire and is revoked assist you and others in determining Copyright GC/I&R, P.O. Box 70400, on June 30, 2008. whether this action might apply to certain entities. To determine whether Washington, DC 20024–0400. DATES: This regulation is effective you or your business may be affected by Telephone (202) 707–8380. Telefax: February 11, 2005. Objections and (202) 707–8366. this action, you should carefully requests for hearings must be received examine the applicability provisions SUPPLEMENTARY INFORMATION: On on or before April 12, 2005. discussed above. If you have any December 28, 2004, the Copyright Office ADDRESSES: To submit a written questions regarding the applicability of published a final rule concerning objection or hearing request follow the this action to a particular entity, consult reconsideration procedures. This detailed instructions as provided in the person listed under FOR FURTHER document corrects references to the Unit VII. of the SUPPLEMENTARY INFORMATION CONTACT. regulatory cite governing the fees INFORMATION. EPA has established a charged copyright applicants for first docket for this action under Docket B. How Can I Access Electronic Copies and second requests for reconsideration. identification (ID) number OPP–2005– of this Document and Other Related List of Subjects in 37 CFR Part 202 0015. All documents in the docket are Information? listed in the EDOCKET index at http:/ Claims, Copyright. In addition to using EDOCKET (http:/ /www.epa.gov/edocket. Although listed /www.epa.gov/edocket/), you may Final Rule in the index, some information is not access this Federal Register document publicly available, i.e., CBI or other electronically through the EPA Internet I For the reasons set out in the preamble, information whose disclosure is under the ‘‘Federal Register’’ listings at 37 CFR part 202 is amended as follows: restricted by statute. Certain other http://www.epa.gov/fedrgstr/. A PART 202–REGISTRATION OF CLAIMS material, such as copyrighted material, frequently updated electronic version of TO COPYRIGHT is not placed on the Internet and will be 40 CFR part 180 is available at E-CFR publicly available only in hard copy Beta Site Two at http:// I 1. The authority citation for Part 202 form. Publicly available docket www.gpoaccess.gov/ecfr/. continues to read as follows: materials are available either II. Background and Statutory Findings Authority: 17 U.S.C. 408, 702. electronically in EDOCKET or in hard copy at the Public Information and EPA, on its own initiative, in § 202.5 [Amended] Records Integrity Branch (PIRIB), Rm. accordance with sections 408(e) and I 2. Amend § 202.5(b)(2) by removing 119, Crystal Mall #2, 1801 S. Bell St., 408(l)(6) of the Federal Food, Drug, and ‘‘§ 201.3(d)(4)’’ and adding Arlington, VA. This docket facility is Cosmetic Act (FFDCA), 21 U.S.C. 346a, ‘‘§ 201.3(d)(3)(i)’’ in its place. open from 8:30 a.m. to 4 p.m., Monday is establishing a tolerance for combined
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residues of the insecticide emergency exemptions in 40 CFR part on this pesticide indicate that the thiamethoxam, 3-[(2-chloro-5- 166. residues are not safe. thiazolyl)methyl]tetrahydro-5-methyl-N- Because this tolerance is being III. Emergency Exemption for nitro-4H-1,3,5-oxadiazin-4-imine and its approved under emergency conditions, Thiamethoxam on Artichokes and metabolite CGA-322704 (N-(2-chloro- EPA has not made any decisions about FFDCA Tolerances thiazol-5-ylmethyl)-N‘-methyl-N’‘-nitro- whether thiamethoxam and its guanidine), in or on artichoke, globe at The proba bug is a native insect and metabolite, (CGA-322704) meets EPA’s 0.40 parts per million (ppm). This it normally occurs on coyote brush and registration requirements for use on tolerance will expire and is revoked on Baccharis pilularis. It was first reported artichoke or whether a permanent June 30, 2008. EPA will publish a to cause crop damage to artichokes in tolerance for this use would be document in the Federal Register to 1996 on a localized field of Mulligan appropriate. Under these circumstances, remove the revoked tolerance from the Hill Ranch in Castorville, California. EPA does not believe that this tolerance Code of Federal Regulations. The saliva of the proba bug contains serves as a basis for registration of Section 408(l)(6) of the FFDCA phyto-toxins that are the primary cause thiamethoxam by a State for special requires EPA to establish a time-limited of plant injury. The injury results in local needs under FIFRA section 24(c). tolerance or exemption from the death of leaf tissue. Further, affected Nor does this tolerance serve as the requirement for a tolerance for pesticide stalks are weakened and cannot support basis for any State other than California chemical residues in food that will bud development causing the bud to to use this pesticide on this crop under result from the use of a pesticide under drop. Methidathion, which is registered section 18 of FIFRA without following an emergency exemption granted by for use on artichokes, is highly effective all provisions of EPA’s regulations EPA under section 18 of FIFRA. Such in controlling proba bug however, its implementing FIFRA section 18 as tolerances can be established without use is restricted to use on the vegetative identified in 40 CFR part 166. For providing notice or period for public stage of artichoke. The State has additional information regarding the comment. EPA does not intend for its included a restriction not allowing emergency exemption for actions on section 18 related tolerances applications of thiamethoxam to the thiamethoxam, contact the Agency’s to set binding precedents for the vegetative stage of the plant. Other Registration Division at the address application of section 408 of the FFDCA insecticides registered for use on provided under FOR FURTHER and the new safety standard to other artichokes have proven ineffective in INFORMATION CONTACT. tolerances and exemptions. Section controlling this pest. EPA has IV. Aggregate Risk Assessment and 408(e) of the FFDCA allows EPA to authorized under FIFRA section 18 the Determination of Safety establish a tolerance or an exemption use of thiamethoxam on artichoke for from the requirement of a tolerance on control of proba bug in California. After EPA performs a number of analyses to its own initiative, i.e., without having having reviewed the submission, EPA determine the risks from aggregate received any petition from an outside concurs that emergency conditions exist exposure to pesticide residues. For party. for this State. further discussion of the regulatory Section 408(b)(2)(A)(i) of the FFDCA As part of its assessment of this requirements of section 408 of the allows EPA to establish a tolerance (the emergency exemption, EPA assessed the FFDCA and a complete description of legal limit for a pesticide chemical potential risks presented by residues of the risk assessment process, see the final residue in or on a food) only if EPA thiamethoxam and its metabolite, (CGA- rule on Bifenthrin Pesticide Tolerances determines that the tolerance is ‘‘safe.’’ 322704) in or on artichoke. In doing so, (62 FR 62961, November 26, 1997) Section 408(b)(2)(A)(ii) of the FFDCA EPA considered the safety standard in (FRL–5754–7). defines ‘‘safe’’ to mean that ‘‘there is a section 408(b)(2) of the FFDCA, and Consistent with section 408(b)(2)(D) reasonable certainty that no harm will EPA decided that the necessary of the FFDCA, EPA has reviewed the result from aggregate exposure to the tolerance under section 408(l)(6) of the available scientific data and other pesticide chemical residue, including FFDCA would be consistent with the relevant information in support of this all anticipated dietary exposures and all safety standard and with FIFRA section action. EPA has sufficient data to assess other exposures for which there is 18. Consistent with the need to move the hazards of thiamethoxam and its reliable information.’’ This includes quickly on the emergency exemption in metabolite, CGA-32270 and to make a exposure through drinking water and in order to address an urgent non-routine determination on aggregate exposure, residential settings, but does not include situation and to ensure that the resulting consistent with section 408(b)(2) of the occupational exposure. Section food is safe and lawful, EPA is issuing FFDCA, for a time-limited tolerance for 408(b)(2)(C) of the FFDCA requires EPA this tolerance without notice and combined residues of thiamethoxam to give special consideration to opportunity for public comment as and its metabolite, (CGA-322704) in or exposure of infants and children to the provided in section 408(l)(6) of the on artichoke, globe at 0.40 ppm. pesticide chemical residue in FFDCA. Although this tolerance will On January 5, 2005 the Agency establishing a tolerance and to ‘‘ensure expire and is revoked on June 30, 2008, published in the Federal Register (70 that there is a reasonable certainty that under section 408(l)(5) of the FFDCA, FR 708) (FRL–7689–7), a Final Rule no harm will result to infants and residues of the pesticide not in excess establishing tolerances for combined children from aggregate exposure to the of the amounts specified in the residues of thiamethoxam and its pesticide chemical residue. . . .’’ tolerance remaining in or on artichoke metabolite in or on legume vegetables, Section 18 of the FIFRA authorizes after that date will not be unlawful, root vegetables (except sugar beet), EPA to exempt any Federal or State provided the pesticide is applied in a strawberries, bushberries, juneberries, agency from any provision of FIFRA, if manner that was lawful under FIFRA, lingonberries, salal, cranberries, EPA determines that ‘‘emergency and the residues do not exceed a level spearmint, peppermint, rapeseed, conditions exist which require such that was authorized by this tolerance at mustard, flax, safflower, crambe, borage, exemption.’’ This provision was not the time of that application. EPA will and potatoes. When the Agency amended by the Food Quality Protection take action to revoke this tolerance conducted risk assessments to Act of 1996 (FQPA). EPA has earlier if any experience with, scientific determine the potential human health established regulations governing such data on, or other relevant information risks from use of thiamethoxam and its
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metabolite to support the tolerances on summary of the aggregate risk the registered and proposed crops were legume vegetables, root vegetables assessments. treated and that all treated crops and (except sugar beet), strawberries, Acute dietary risk assessments are livestock had residues of concern at the bushberries, juneberries, lingonberries, performed for a food-use pesticide, if a tolerance level. The general U.S. salal, cranberries, spearmint, toxicological study has indicated the population and all population peppermint, rapeseed, mustard, flax, possibility of an effect of concern subgroups have exposure and risk safflower, crambe, borage, and potatoes occurring as a result of a 1–day or single estimates which are below the Agency’s (PP # 2E6363, 3E6781, 3E6800, 3E6805, exposure. level of concern (i.e., the aPADs are all In conducting the acute dietary risk 3E6806, 3E6807, 4E6819), these risk below 100%). The most highly exposed assessment EPA used the Dietary assessments also assessed the use of subgroup is children 1 to 2 years of age. Exposure Evaluation Model software thiamethoxam on artichokes under with the Food Commodity Intake The exposure estimate for children 1 to section 18 of FIFRA. Therefore, Database (DEEM-FCIDT), which 2 years of age is 0.01099 milligram/ establishing the artichoke tolerance will incorporates food consumption data as kilogram (mg/kg)/day, which is not change the most recent estimated reported by respondents in the United equivalent to 11% of the aPAD. In aggregate risks resulting from use of States Department of Agriculture addition, there is potential for acute thiamethoxam, as discussed in the (USDA) 1994–1996 and 1998 dietary exposure to thiamethoxam in January 5, 2005 Federal Register (70 FR Nationwide Continuing Surveys of Food drinking water. After calculating 708). Refer to the January 5, 2005 Intake by Individuals (CSFII), and drinking water levels of comparison Federal Register (70 FR 708) document accumulated exposure to the chemical (DWLOCs) and comparing them to the for a detailed discussion of the aggregate for each commodity. For the acute estimated environmental concentrations risk assessments and determination of exposure assessments the residues of (EECs) for surface water and ground safety. EPA relies upon those risk concern are thiamethoxam and its water, EPA does not expect the assessments and the findings made in metabolite (CGA-322704) also know as aggregate exposure to exceed 100% of the Federal Register document in clothianidin. The assessment for the aPAD, as shown in Table 1 of this support of this action. Below is a brief thiamethoxam assumed that 100% of unit:
TABLE 1.—AGGREGATE RISK ASSESSMENT FOR ACUTE EXPOSURE TO THIAMETHOXAM
Surface Ground Acute Population Subgroup aPAD (mg/ % aPAD/ Water EEC/ Water EEC/ DWLOC/ kg) (Food) (ppb) (ppb) (ppb)
General U.S. population 0.1 4 11.4 5 3400
All infants < 1 year old 0.1 10 11.4 5 900
Children 1–2 years old 0.1 11 11.4 5 890
Females 13–49 years old 0.1 2 11.4 5 2900
In conducting the chronic dietary risk residues in the form of average field trial are no residential uses for assessment EPA used DEEM-FCIDTM, residue values, and the analysis thiamethoxam that result in chronic which incorporates food consumption included percent crop estimates. The residential exposure. In addition, there data as reported by respondents in the general U.S. population and all is potential for chronic dietary exposure USDA 1994–1996 and 1998 Nationwide population subgroups have exposure to thiamethoxam in drinking water. Continuing Surveys of Food Intake by and risk estimates which are below the After calculating DWLOCs and Individuals (CSFII), and accumulated Agency’s level of concern (i.e., the comparing them to the EECs for surface exposure to the chemical for each cPADs are all below 100%). The most water and ground water, EPA does not commodity. For the chronic exposure highly exposed subgroup is children 1 expect the aggregate exposure to exceed assessments the residues of concern are to 2 years of age. The exposure estimate 100% of the cPAD, as shown in Table thiamethoxam and its metabolite for children 1 to 2 years of age is 2 of this unit: clothianidin. The chronic analysis for 0.000103 mg/kg/day, which is thiamethoxam was based on anticipated equivalent to 17% of the cPAD. There
TABLE 2.—AGGREGATE RISK ASSESSMENT FOR CHRONIC (NON-CANCER) EXPOSURE TO THIAMETHOXAM
Surface Ground/ Chronic/ Population/Subgroup cPAD/mg/ %/cPAD/ Water EEC/ Water EEC/ DWLOC kg/day (Food) (ppb) (ppb) (ppb)
U.S. Population 0.0006 6 0.77 1.94 20
All infants < 1 year old 0.0006 11 0.77 1.94 5.4
Children 1–2 years old 0.0006 17 0.77 1.94 5
Females 13–49 years old 0.0006 5 0.77 1.94 17
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Short-term and intermediate-term is 3.77 x 10-2 in human equivalents. The dermal or inhalation routes of exposure aggregate exposure takes into account residue of concern for the cancer that should be included in an aggregate residential exposure plus chronic analysis is thiamethoxam, per se. The assessment). A DWLOC was derived for exposure to food and water (considered residues of its metabolite clothianidin the general U.S. population based on to be a background exposure level). were removed from the cancer analysis EPA’s level of concern for cancer or a Thiamethoxam is not registered for use because the metabolite was found to be risk in the range of 1 in 1 million. The on any sites that would result in ‘‘not likely to be carcinogenic to DWLOC is compared to the estimated residential exposure. Therefore, the humans’’ when it was evaluated as an environmental concentrations of aggregate risk is the sum of the risk from active ingredient. The cancer analysis thiamethoxam in surface water and food and water, which do not exceed was based on average field trial residue ground water and is used to determine the Agency’s level of concern. values as well as percent crop treated whether or not aggregate cancer Thiamethoxam has been classified as estimates. The estimated dietary a likely carcinogen for humans based on exposure to the U.S. population is exposures are likely to result in risk increased incidence of hepatocellular 0.000263 mg/kg/day. In conducting the estimates that exceed EPA’s level of adenomas and carcinomas in male and aggregate cancer risk assessment, only concern. Table 3 of this unit female mice. Quantification of risk dietary and drinking water pathways of summarizes the drinking water based on most potent unit risk: Male exposure were considered. At this time, estimated concentrations of mouse liver adenoma and/or carcinoma there are no uses for thiamethoxam that thiamethoxam in surface water and combined tumor rate. The upper bound would result in any non-occupational, ground water and the associated estimate of unit risk, Q1* (mg/kg/day)-1 non-dietary exposure (i.e., there are no DWLOC for cancer:
TABLE 3.—AGGREGATE RISK ASSESSMENT FOR CANCER EXPOSURE TO THIAMETHOXAM
Maximum/ Maximum/ Food/Expo- Water/Expo- Cancer/ Ground/ Surface/ Population/Subgroup Exposure/ sure/mg/kg/ sure/mg/kg/ DWLOC/ Water/EEC/ Water/EEC/ mg/kg/day day day ppb ppb ppb
General U.S. population 7.96 x 10-5 7.96 x 10-5 7.96 x 10-5 1.87 1.94 0.31
For cancer, the DWLOC is slightly less V. Other Considerations procedural regulations which govern the than the ground water EEC. However, submission of objections and requests A. Analytical Enforcement Methodology the cancer DWLOC is based on a for hearings appear in 40 CFR part 178. conservative estimate of dietary Adequate enforcement methodology Although the procedures in those exposure. Available information from (aqueous acetonitrile solvent extraction, regulations require some modification to actual prospective ground water liquid-liquid partitioning and solid- reflect the amendments made to the monitoring data demonstrates that phase extraction cleanup, and high FFDCA by the FQPA, EPA will continue pressure liquid concentration/ actual thiamethoxam residues in to use those procedures, with ultraviolet (HPLC/UV) analysis) is groundwater occur at or below 0.05 ppb. appropriate adjustments, until the available to enforce the tolerance This interim analysis suggests that necessary modifications can be made. expression. The method may be The new section 408(g) of the FFDCA actual long-term residues of requested from: Chief, Analytical thiamethoxam in ground water will be provides essentially the same process Chemistry Branch, Environmental for persons to ‘‘object’’ to a regulation significantly less than the levels Science Center, 701 Mapes Rd., Ft. for an exemption from the requirement predicted by the screening Meade, MD 20755–5350; telephone of a tolerance issued by EPA under new concentration in ground water number: (410) 305–2905; e-mail address: section 408(d) of the FFDCA, as was (SCIGROW) model. A significant [email protected]. provided in the old sections 408 and decrease in the level of thiamethoxam in B. International Residue Limits 409 of the FFDCA. However, the period drinking water results in an aggregate for filing objections is now 60 days, risk estimate that is unlikely to exceed There are no international residue rather than 30 days. EPA’s level of concern for cancer. limits for thiamethoxam. A. What Do I Need to Do to File an Further, the DWLOC numerical VI. Conclusion computation was done using a cancer Objection or Request a Hearing? risk figure of 1 in 1 million although Therefore, the tolerance is established for combined residues of thiamethoxam, You must file your objection or EPA has repeatedly found that risk 3-[(2-chloro-5- request a hearing on this regulation in figures marginally higher than 1 in 1 thiazolyl)methyl]tetrahydro-5-methyl-N- accordance with the instructions million fall within the range of a 1 in nitro-4H-1,3,5-oxadiazin-4-imine and its provided in this unit and in 40 CFR part 1 million risk. metabolite (N-(2-chloro-thiazol-5- 178. To ensure proper receipt by EPA, 6. Determination of safety. Based on ylmethyl)-N‘-methyl-N’‘-nitro- you must identify docket ID number these risk assessments, EPA concludes guanidine), in or on artichoke, globe at OPP–2005–0015 in the subject line on that there is a reasonable certainty that 0.40 ppm. the first page of your submission. All no harm will result to the general requests must be in writing, and must be VII. Objections and Hearing Requests population, and to infants and children mailed or delivered to the Hearing Clerk on or before April 12, 2005. from aggregate exposure to Under section 408(g) of the FFDCA, as thiamethoxam residues. amended by the FQPA, any person may 1. Filing the request. Your objection file an objection to any aspect of this must specify the specific provisions in regulation and may also request a the regulation that you object to, and the hearing on those objections. The EPA grounds for the objections (40 CFR
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178.25). If a hearing is requested, the of fact; there is a reasonable possibility or on the distribution of power and objections must include a statement of that available evidence identified by the responsibilities among the various the factual issues(s) on which a hearing requestor would, if established resolve levels of government, as specified in is requested, the requestor’s contentions one or more of such issues in favor of Executive Order 13132, entitled on such issues, and a summary of any the requestor, taking into account Federalism (64 FR 43255, August 10, evidence relied upon by the objector (40 uncontested claims or facts to the 1999). Executive Order 13132 requires CFR 178.27). Information submitted in contrary; and resolution of the factual EPA to develop an accountable process connection with an objection or hearing issues(s) in the manner sought by the to ensure ‘‘meaningful and timely input request may be claimed confidential by requestor would be adequate to justify by State and local officials in the marking any part or all of that the action requested (40 CFR 178.32). development of regulatory policies that information as CBI. Information so have federalism implications.’’ ‘‘Policies VIII. Statutory and Executive Order marked will not be disclosed except in that have federalism implications’’ is Reviews accordance with procedures set forth in defined in the Executive order to 40 CFR part 2. A copy of the This final rule establishes a time- include regulations that have information that does not contain CBI limited tolerance under section 408 of ‘‘substantial direct effects on the States, must be submitted for inclusion in the the FFDCA. The Office of Management on the relationship between the national public record. Information not marked and Budget (OMB) has exempted these government and the States, or on the confidential may be disclosed publicly types of actions from review under distribution of power and by EPA without prior notice. Executive Order 12866, entitled responsibilities among the various Mail your written request to: Office of Regulatory Planning and Review (58 FR levels of government.’’ This final rule the Hearing Clerk (1900L), 51735, October 4, 1993). Because this directly regulates growers, food Environmental Protection Agency, 1200 rule has been exempted from review processors, food handlers, and food Pennsylvania Ave., NW., Washington, under Executive Order 12866 due to its retailers, not States. This action does not DC 20460–0001. You may also deliver lack of significance, this rule is not alter the relationships or distribution of your request to the Office of the Hearing subject to Executive Order 13211, power and responsibilities established Clerk in Suite 350, 1099 14th St., NW., Actions Concerning Regulations That by Congress in the preemption Washington, DC 20005. The Office of Significantly Affect Energy Supply, provisions of section 408(n)(4) of the the Hearing Clerk is open from 8 a.m. Distribution, or Use (66 FR 28355, May FFDCA. For these same reasons, the to 4 p.m., Monday through Friday, 22, 2001). This final rule does not Agency has determined that this rule excluding legal holidays. The telephone contain any information collections does not have any ‘‘tribal implications’’ number for the Office of the Hearing subject to OMB approval under the as described in Executive Order 13175, Clerk is (202) 564–6255. Paperwork Reduction Act (PRA), 44 entitled Consultation and Coordination 2. Copies for the Docket. In addition U.S.C. 3501 et seq., or impose any with Indian Tribal Governments (65 FR to filing an objection or hearing request enforceable duty or contain any 67249, November 6, 2000). Executive with the Hearing Clerk as described in unfunded mandate as described under Order 13175, requires EPA to develop Unit VII.A., you should also send a copy Title II of the Unfunded Mandates an accountable process to ensure of your request to the PIRIB for its Reform Act of 1995 (UMRA) (Public ‘‘meaningful and timely input by tribal inclusion in the official record that is Law 104–4). Nor does it require any officials in the development of described inADDRESSES. Mail your special considerations under Executive regulatory policies that have tribal copies, identified by the docket ID Order 12898, entitled Federal Actions to implications.’’ ‘‘Policies that have tribal number OPP–2005–0015, to: Public Address Environmental Justice in implications’’ is defined in the Information and Records Integrity Minority Populations and Low-Income Executive order to include regulations Branch, Information Resources and Populations (59 FR 7629, February 16, that have ‘‘substantial direct effects on Services Division (7502C), Office of 1994); or OMB review or any Agency one or more Indian tribes, on the Pesticide Programs, Environmental action under Executive Order 13045, relationship between the Federal Protection Agency, 1200 Pennsylvania entitled Protection of Children from Government and the Indian tribes, or on Ave., NW., Washington, DC 20460– Environmental Health Risks and Safety the distribution of power and 0001. In person or by courier, bring a Risks (62 FR 19885, April 23, 1997). responsibilities between the Federal copy to the location of the PIRIB This action does not involve any Government and Indian tribes.’’ This described in ADDRESSES. You may also technical standards that would require rule will not have substantial direct send an electronic copy of your request Agency consideration of voluntary effects on tribal governments, on the via e-mail to: [email protected]. consensus standards pursuant to section relationship between the Federal Please use an ASCII file format and 12(d) of the National Technology Government and Indian tribes, or on the avoid the use of special characters and Transfer and Advancement Act of 1995 distribution of power and any form of encryption. Copies of (NTTAA), Public Law 104–113, section responsibilities between the Federal electronic objections and hearing 12(d) (15 U.S.C. 272 note). Since Government and Indian tribes, as requests will also be accepted on disks tolerances and exemptions that are specified in Executive Order 13175. in WordPerfect 6.1/8.0 or ASCII file established on the basis of a FIFRA Thus, Executive Order 13175 does not format. Do not include any CBI in your section 18 exemption under section 408 apply to this rule. electronic copy. You may also submit an of the FFDCA, such as the tolerance in IX. Congressional Review Act electronic copy of your request at many this final rule, do not require the Federal Depository Libraries. issuance of a proposed rule, the The Congressional Review Act, 5 requirements of the Regulatory U.S.C. 801 et seq., as added by the Small B. When Will the Agency Grant a Flexibility Act (RFA) (5 U.S.C. 601 et Business Regulatory Enforcement Request for a Hearing? seq.) do not apply. In addition, the Fairness Act of 1996, generally provides A request for a hearing will be granted Agency has determined that this action that before a rule may take effect, the if the Administrator determines that the will not have a substantial direct effect agency promulgating the rule must material submitted shows the following: on States, on the relationship between submit a rule report, which includes a There is a genuine and substantial issue the national government and the States, copy of the rule, to each House of the
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Congress and to the Comptroller General Agricultural commodities, Pesticides Authority: 21 U.S.C. 321(q), 346a and 371. of the United States. EPA will submit a and pests, Reporting and recordkeeping I 2. Section 180.565 is amended by report containing this rule and other requirements. alphabetically adding the commodity required information to the U.S. Senate, Dated: January 30, 2005. ‘‘Artichoke’’ to the table in paragraph (b) the U.S. House of Representatives, and Lois Rossi, to read as follows: the Comptroller General of the United Director, Registration Division, Office of States prior to publication of this final Pesticide Programs. § 180.565 Thiamethoxam; tolerances for rule in the Federal Register. This final I Therefore, 40 CFR chapter I is residues. rule is not a ‘‘major rule’’ as defined by * * * * * 5 U.S.C. 804(2). amended as follows: (b) * * * List of Subjects in 40 CFR Part 180 PART 180—[AMENDED] Environmental protection, I 1. The authority citation for part 180 Administrative practice and procedure, continues to read as follows:
Expiration/revoca- Commodity Parts per million tion date
Artichoke, globe ...... 0.40 6/30/08 ******
* * * * * ADDRESSES: For addresses for the IV. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory [FR Doc. 05–2715 Filed 2–10–05; 8:45 am] Headquarters and Regional dockets, as well as further details on what these Planning and Review BILLING CODE 6560–50–S 1. What Is Executive Order 12866? dockets contain, see section II, 2. Is This Final Rule Subject to Executive ‘‘Availability of Information to the Order 12866 Review? ENVIRONMENTAL PROTECTION Public’’ in the SUPPLEMENTARY B. Paperwork Reduction Act AGENCY INFORMATION portion of this preamble. 1. What Is the Paperwork Reduction Act? FOR FURTHER INFORMATION CONTACT: 2. Does the Paperwork Reduction Act 40 CFR Part 300 Terry Jeng, phone (703) 603–8852, State, Apply to This Final Rule? Tribal and Site Identification Branch, C. Regulatory Flexibility Act [FRL–7871–9] 1. What Is the Regulatory Flexibility Act? Assessment and Remediation Division, 2. How Has EPA Complied With the National Priorities List for Uncontrolled Office of Superfund Remediation and Regulatory Flexibility Act? Hazardous Waste Sites Technology Innovation (Mail Code D. Unfunded Mandates 5204G), U.S. Environmental Protection 1. What Is the Unfunded Mandates Reform AGENCY: Environmental Protection Agency, 1200 Pennsylvania Avenue, Act (UMRA)? Agency. NW., Washington, DC 20460; or the 2. Does UMRA Apply to This Final Rule? ACTION: Final rule. Superfund Hotline, phone (800) 424– E. Executive Order 13132: Federalism What Is Executive Order 13132 and Is It 9346 or (703) 412–9810 in the SUMMARY: The Comprehensive Applicable to This Final Rule? Environmental Response, Washington, DC, metropolitan area. F. Executive Order 13175: Consultation Compensation, and Liability Act of 1980 SUPPLEMENTARY INFORMATION: and Coordination With Indian Tribal Governments (‘‘CERCLA’’ or ‘‘the Act’’), as amended, Table of Contents 1. What Is Executive Order 13175? requires that the National Oil and I. Background 2. Does Executive Order 13175 Apply to Hazardous Substances Pollution A. What Are CERCLA and SARA? This Final Rule? Contingency Plan (‘‘NCP’’) include a list B. What Is the NCP? G. Executive Order 13045: Protection of of national priorities among the known C. What Is the National Priorities List Children From Environmental Health releases or threatened releases of (NPL)? and Safety Risks hazardous substances, pollutants, or D. How Are Sites Listed on the NPL? 1. What Is Executive Order 13045? contaminants throughout the United E. What Happens to Sites on the NPL? 2. Does Executive Order 13045 Apply to States. The National Priorities List F. Does the NPL Define the Boundaries of This Final Rule? Sites? H. Executive Order 13211 (‘‘NPL’’) constitutes this list. The NPL is G. How Are Sites Removed From the NPL? 1. What Is Executive Order 13211? intended primarily to guide the H. May EPA Delete Portions of Sites From 2. Is this Rule Subject to Executive Order Environmental Protection Agency the NPL as They Are Cleaned Up? 13211? (‘‘EPA’’ or ‘‘the Agency’’) in determining I. What Is the Construction Completion List I. National Technology Transfer and which sites warrant further (CCL)? Advancement Act investigation. These further II. Availability of Information to the Public 1. What is the National Technology investigations will allow EPA to assess A. May I Review the Documents Relevant Transfer and Advancement Act? the nature and extent of public health to This Final Rule? 2. Does the National Technology Transfer B. What Documents Are Available for and Advancement Act Apply to This and environmental risks associated with Review at the Headquarters and Region Final Rule? the site and to determine what CERCLA- 2 Dockets? J. Possible Changes to the Effective Date of financed remedial action(s), if any, may C. How Do I Access the Documents? the Rule be appropriate. This rule adds one new D. How May I Obtain a Current List of NPL 1. Has EPA Submitted This Rule to site to the NPL Federal Facilities Sites? Congress and the General Accounting Section. III. Contents of This Final Rule Office? A. Addition to the NPL 2. Could the Effective Date of This Final EFFECTIVE DATE: The effective date for B. Status of NPL Rule Change? this amendment to the NCP shall be C. What Did EPA Do With the Public 3. What Could Cause a Change in the March 14, 2005. Comments It Received? Effective Date of This Rule?
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I. Background revised the NCP on several occasions. Section sites, and its role at such sites The most recent comprehensive revision is accordingly less extensive than at A. What Are CERCLA and SARA? was on March 8, 1990 (55 FR 8666). other sites. In 1980, Congress enacted the As required under section Comprehensive Environmental 105(a)(8)(A) of CERCLA, the NCP also D. How Are Sites Listed on the NPL? Response, Compensation, and Liability includes ‘‘criteria for determining There are three mechanisms for Act, 42 U.S.C. 9601–9675 (‘‘CERCLA’’ or priorities among releases or threatened placing sites on the NPL for possible ‘‘the Act’’), in response to the dangers of releases throughout the United States remedial action (see 40 CFR 300.425(c) uncontrolled releases or threatened for the purpose of taking remedial of the NCP): (1) A site may be included releases of hazardous substances and action and, to the extent practicable, on the NPL if it scores sufficiently high releases or substantial threats of releases taking into account the potential on the Hazard Ranking System (‘‘HRS’’), into the environment of any pollutant or urgency of such action for the purpose which EPA promulgated as appendix A contaminant which may present an of taking removal action.’’ (‘‘Removal’’ of the NCP (40 CFR part 300). The HRS imminent or substantial danger to the actions are defined broadly and include serves as a screening device to evaluate public health or welfare. CERCLA was a wide range of actions taken to study, the relative potential of uncontrolled amended on October 17, 1986, by the clean up, prevent or otherwise address hazardous substances to pose a threat to Superfund Amendments and releases of hazardous substances, human health or the environment. On Reauthorization Act (‘‘SARA’’), Public pollutants or contaminants (42 U.S.C. December 14, 1990 (55 FR 51532), EPA Law 99–499, 100 Stat. 1613 et seq. As 9601(23)). promulgated revisions to the HRS partly part of SARA, Congress created the in response to CERCLA section 105(c), Defense Environmental Restoration C. What Is the National Priorities List added by SARA. The revised HRS Program (DERP), 10 U.S.C. 2701, et seq., (NPL)? evaluates four pathways: ground water, which authorized the Secretary of The NPL is a list of national priorities surface water, soil exposure, and air. As Defense to carry out restoration among the known or threatened releases a matter of Agency policy, those sites activities on current and former military of hazardous substances, pollutants, or that score 28.50 or greater on the HRS facilities. Under Executive Order 12580, contaminants throughout the United are eligible for the NPL. This listing the Secretary of Defense exercises the States. The list, which is appendix B of proposal is not based on scoring President’s authority under sections the NCP (40 CFR part 300), was required pursuant to the HRS; (2) Pursuant to 42 104(a), (b) and (c)(4), 113(k), 117(a) and under section 105(a)(8)(B) of CERCLA, U.S.C. 9605(a)(8)(B), each State may (c), 119, and 121 of CERCLA with as amended by SARA. Section designate a single site as its top priority respect to releases or threatened releases 105(a)(8)(B) defines the NPL as a list of to be listed on the NPL, regardless of the where either the release is on or the sole ‘‘releases’’ and the highest priority HRS score. This mechanism, provided source of the release is from any facility ‘‘facilities’’ and requires that the NPL be by the NCP at 40 CFR 300.425(c)(2) or vessel under the jurisdiction, revised at least annually. The NPL is requires that, to the extent practicable, custody, or control of the Department of intended primarily to guide EPA in the NPL include within the 100 highest Defense (DoD). The Secretary of Defense determining which sites warrant further priorities, one facility designated by has delegated this authority to the investigation to assess the nature and each State representing the greatest Secretary of the Navy for sites the extent of public health and danger to public health, welfare, or the Department of the Navy controlled after environmental risks associated with a environment among known facilities in 1986, which includes both the eastern release of hazardous substances, the State (see 42 U.S.C. 9605(a)(8)(B)). and western portions of Vieques. The pollutants or contaminants. The NPL is This is the option chosen by Puerto Rico U.S. Army, through the U.S. Army only of limited significance, however, as for the Vieques and Culebra areas Corps of Engineers (USACE), executes it does not assign liability to any party addressed in this listing proposal; (3) DERP’s Formerly Used Defense Sites or to the owner of any specific property. The third mechanism for listing, (FUDS) Program in accordance with Neither does placing a site on the NPL included in the NCP at 40 CFR CERCLA and the National Contingency mean that any remedial or removal 300.425(c)(3), allows certain sites to be Plan (NCP), and is authorized under this action necessarily need be taken. listed regardless of their HRS score, if program to conduct investigation and For purposes of listing, the NPL all of the following conditions are met: response actions relating to areas on includes two sections, one of sites that • The Agency for Toxic Substances Culebra that were once under Defense are generally evaluated and cleaned up and Disease Registry (ATSDR) of the jurisdiction. by EPA (the ‘‘General Superfund U.S. Public Health Service has issued a Section’’), and one of sites that are B. What Is the NCP? health advisory that recommends owned or operated by other Federal dissociation of individuals from the To implement CERCLA, EPA agencies (the ‘‘Federal Facilities release. promulgated the revised National Oil Section’’). With respect to sites in the • EPA determines that the release and Hazardous Substances Pollution Federal Facilities section, these sites are poses a significant threat to public Contingency Plan (‘‘NCP’’), 40 CFR part generally being addressed by other health. 300, on July 16, 1982 (47 FR 31180), Federal agencies. Under Executive • EPA anticipates that it will be more pursuant to CERCLA section 105 and Order 12580 (52 FR 2923, January 29, cost-effective to use its remedial Executive Order 12316 (46 FR 42237, 1987) and CERCLA section 120, each authority than to use its removal August 20, 1981). The NCP sets Federal agency is responsible for authority to respond to the release. guidelines and procedures for carrying out most response actions at EPA promulgated an original NPL of responding to releases and threatened facilities under its own jurisdiction, 406 sites on September 8, 1983 (48 FR releases of hazardous substances, or custody, or control, although EPA is 40658). The NPL has been expanded releases or substantial threats of releases responsible for preparing a Hazard since then, most recently on September into the environment of any pollutant or Ranking System (HRS) score and 23, 2004 (69 FR 56949). contaminant which may present an determining whether the facility is In addition, as a matter of policy, EPA imminent or substantial danger to the placed on the NPL. EPA generally is not may defer sites or portions of sites from public health or welfare. EPA has the lead agency at Federal Facilities the NPL. (See, e.g., 56 FR 5601–5602,
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see also ‘‘Guidance on Deferral of NPL to identify the site, as well as any other For these reasons, the NPL need not Listing Determinations While States location to which that contamination be amended as further research reveals Oversee Response Actions,’’ OSWER has come to be located, or from which more information about the location of Directive 9375.6–11.) that contamination came. the contamination or release. E. What Happens to Sites on the NPL? In other words, while geographic G. How Are Sites Removed From the terms are often used to designate the site NPL? A site may undergo remedial action (e.g., the ‘‘Jones Co. plant site’’) in terms financed by the Trust Fund established of the property owned by a particular EPA may delete sites from the NPL under CERCLA (commonly referred to party, the site properly understood is where no further response is as the ‘‘Superfund’’) only after it is not limited to that property (e.g., it may appropriate under Superfund, as placed on the NPL, as provided in the extend beyond the property due to explained in the NCP at 40 CFR NCP at 40 CFR 300.425(b)(1). contaminant migration), and conversely 300.425(e). This section also provides (‘‘Remedial actions’’ are those may not occupy the full extent of the that EPA shall consult with states on ‘‘consistent with permanent remedy, property (e.g., where there are proposed deletions and shall consider taken instead of or in addition to uncontaminated parts of the identified whether any of the following criteria removal actions * * *.’’ 42 U.S.C. property, they may not be, strictly have been met: 9601(24).) However, under 40 CFR speaking, part of the ‘‘site’’). The ‘‘site’’ (i) Responsible parties or other 300.425(b)(2) placing a site on the NPL is thus neither equal to nor confined by persons have implemented all ‘‘does not imply that monies will be the boundaries of any specific property appropriate response actions required; expended.’’ EPA may pursue other that may give the site its name, and the (ii) All appropriate Superfund- appropriate authorities to respond to the name itself should not be read to imply financed response has been releases, including enforcement action that this site is coextensive with the implemented and no further response under CERCLA and other laws. entire area within the property action is required; or Response activities undertaken by DoD boundary of the installation or plant. components pursuant to DERP receive (iii) The remedial investigation has The precise nature and extent of the site their funding from specific shown the release poses no significant are typically not known at the time of environmental restoration accounts threat to public health or the listing. Also, the site name is merely under 10 U.S.C. 2703, not from the environment, and taking of remedial used to help identify the geographic Trust Fund. measures is not appropriate. As of location of the contamination. For January 10, 2005, the Agency has F. Does the NPL Define Boundaries of example, the name ‘‘Jones Co. plant deleted 292 sites from the NPL. Sites? site,’’ does not imply that the Jones company is responsible for the H. May EPA Delete Portions of Sites The NPL does not describe releases in From the NPL as They Are Cleaned Up? precise geographical terms; it would be contamination located on the plant site. neither feasible nor consistent with the EPA regulations provide that the In November 1995, EPA initiated a limited purpose of the NPL (to identify ‘‘nature and extent of the problem new policy to delete portions of NPL releases that are priorities for further presented by the release’’ will be sites where cleanup is complete (60 FR evaluation), for it to do so. determined by a Remedial Investigation/ 55465, November 1, 1995). Total site Although a CERCLA ‘‘facility’’ is Feasibility Study (RI/FS) as more cleanup may take many years, while broadly defined to include any area information is developed on site portions of the site may have been where a hazardous substance has ‘‘come contamination (40 CFR 300.5). During cleaned up and available for productive to be located’’ (CERCLA section 101(9)), the RI/FS process, the release may be use. As of January 10, 2005, EPA has the listing process itself is not intended found to be larger or smaller than was deleted 48 portions of 40 sites. originally thought, as more is learned to define or reflect the boundaries of I. What Is the Construction Completion about the source(s) and the migration of such facilities or releases. Of course, List (CCL)? HRS data (if the HRS is used to list a the contamination. However, this site) upon which the NPL placement inquiry focuses on an evaluation of the EPA also has developed an NPL was based will, to some extent, describe threat posed; the boundaries of the construction completion list (‘‘CCL’’) to the release(s) at issue. That is, the NPL release need not be exactly defined. simplify its system of categorizing sites site would include all releases evaluated Moreover, it generally is impossible to and to better communicate the as part of that HRS analysis. Because discover the full extent of where the successful completion of cleanup Puerto Rico is adding certain areas on contamination ‘‘has come to be located’’ activities (58 FR 12142, March 2, 1993). and around Vieques and Culebra as the before all necessary studies and Inclusion of a site on the CCL has no Commonwealth’s ‘‘single highest remedial work are completed at a site. legal significance. priority facility’’ pursuant to 42 U.S.C. Indeed, the boundaries of the Sites qualify for the CCL when: (1) 9605(a)(8)(B), no HRS analysis is contamination can be expected to Any necessary physical construction is applicable to this listing. change over time. Thus, in most cases, complete, whether or not final cleanup When a site is listed, the approach it may be impossible to describe the levels or other requirements have been generally used to describe the relevant boundaries of a release with absolute achieved; (2) EPA has determined that release(s) is to delineate a geographical certainty. the response action should be limited to area (usually the area within an Further, as noted above, NPL listing measures that do not involve installation or plant boundaries) and does not assign liability to any party or construction (e.g., institutional identify the site by reference to that to the owner of any specific property. controls); or (3) the site qualifies for area. As a legal matter, the site is not Thus, if a party does not believe it is deletion from the NPL. coextensive with that area, and the liable for releases on discrete parcels of As of January 10, 2005, there are a boundaries of the installation or plant property, supporting information can be total of 927 sites on the CCL. For the are not the ‘‘boundaries’’ of the site. submitted to the Agency at any time most up-to-date information on the CCL, Rather, the site consists of all after a party receives notice it is a see EPA’s Internet site at http:// contaminated areas within the area used potentially responsible party. www.epa.gov/superfund.
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II. Availability of Information to the Coordinator, Headquarters; U.S. comment period. During this time, EPA Public Environmental Protection Agency; and the Government of Puerto Rico held CERCLA Docket Office; 1301 four public information sessions in A. May I Review the Documents Constitution Avenue; EPA West, Room Puerto Rico, including sessions on the Relevant to This Final Rule? B102, Washington, DC 20004; 202/566– islands of Vieques and Culebra. In the Yes, documents that form the basis for 0276. Rule proposing AFWTA to the NPL, evaluations by EPA concerning the site The contact information for the EPA sought comment on treating the in this rule are contained in public Region 2 docket is as follows: Dennis noncontiguous islands of Vieques and dockets located both at EPA Munhall, U.S. EPA Region 2, 290 Culebra as one facility considering court Headquarters in Washington, DC and in Broadway, New York, NY 10007–1866; decisions such as Mead Corp. v. the Region 2 office in New York City. 212/637–4343; Browner, 100 F.3d. 152 (D.C. Cir. 1996). An electronic version of the public [email protected]. The Mead court rejected EPA’s attempt docket is available through EPA’s to treat non-contiguous sites as one NPL electronic public docket and comment D. How May I Obtain a Current List of site in a case in which one of the sites system, EPA Dockets. You may use EPA NPL Sites? qualified for listing on the basis of an Dockets at http://www.epa.gov/edocket/ You may obtain a current list of NPL ATSDR advisory. The only rationale to view public comments, access the sites via the Internet at http:// presented for combining the two sites index listing of the contents of the www.epa.gov/superfund/ (look under for the purposes of the listing was that official public docket, and to access the Superfund sites category) or by there were joint operations carried out those documents in the public docket contacting the Superfund Docket (see at the two sites. In the Mead case, EPA that are available electronically. Once in contact information above). had relied on a 1984 aggregation policy the system, select ‘‘Quick Search,’’ then (49 FR 37070 (September 21, 1984)) that key in the appropriate docket III. Contents of This Final Rule was premised on language in section identification number; SFUND–2004– A. Addition to the NPL 104(d)(4) of CERCLA which authorizes 0011. (Although not all docket materials EPA to treat non-contiguous facilities as This final rule adds the Vieques may be available electronically, you one for purposes of section 104. EPA no portion of the Atlantic Fleet Weapons may still access any of the publicly longer relies on the 1984 aggregation Training Area (AFWTA) to the Federal available docket materials through the policy in the listing context. Facilities section of the NPL. docket facilities identified below in EPA also solicited comment on an Pursuant to section 105(a)(8)(B) of section II. C.) approach that would separate the final CERCLA, Puerto Rico requested that listing decision for Culebra from the B. What Documents Are Available for EPA list certain areas on and around final listing decision for Vieques. Under Public Review at the Headquarters and Vieques and Culebra, identified by the such an approach, EPA would go Region 2 Dockets? Governor as the AFWTA, on the NPL. forward with a final rule listing on The Headquarters and Region 2 The AFWTA includes certain land Vieques and postpone the final listing dockets for this rule contain: The June areas, waters and keys in and around decision of Culebra to allow the 13, 2003 letter from Governor Sila M. the islands of Vieques and Culebra completion of a Memorandum of Calderon of Puerto Rico designating where military exercises carried out Agreement between Puerto Rico and certain areas on and around Vieques primarily by the Department of Defense Army. The Memorandum of Agreement and Culebra, identified by the Governor have potentially left CERCLA hazardous would govern the response actions as AFWTA, as her highest priority substances, pollutants or contaminants. necessary to protect Culebra’s human facility and requesting listing of Section 105(a)(8)(B) of CERCLA health and environment. The terms or AFWTA on the NPL; additional letters provides that the NPL ‘‘to the extent progress under such agreement may from Puerto Rico clarifying the June 13, practicable, shall include among the one determine the point at which it may be 2003 letter; maps; ecological hundred highest priority facilities one appropriate to withdraw the proposal to information for Vieques and Culebra; such facility from each State which list the Culebra areas. Corps of Engineers Archive search for shall be the facility designated by the The Culebra portions of the proposal Culebra; and Navy supporting material. State as presenting the greatest danger to consist of land and water areas The Headquarters and Region 2 public health or welfare or the identified by Puerto Rico that were dockets also contain comments environment among the known facilities owned by, leased to, or otherwise received, and the Agency’s responses to in such State. A State shall be allowed utilized by the United States and under those comments. The Agency’s to designate its highest priority facility the jurisdiction of the Secretary of responses are contained in the ‘‘Support only once.’’ In a letter from Governor Defense that potentially contain Document for the Revised National Sila M. Calderon to former EPA CERCLA hazardous substances, Priorities List Final Rule—February Administrator Christine Todd Whitman, pollutants or contaminants left from 2005’’. An electronic version is available dated June 13, 2003, Puerto Rico past military activities. These land areas at http://www.epa.gov/edocket/ using designated the AFWTA, comprising and associated water areas include, but the docket identification number certain areas of concern in and around are not limited to, the following: The SFUND–2004–0011. Vieques and Culebra as the Flamenco Peninsula (Northwest Commonwealth’s single highest priority Peninsula), Alcarraza Cay (Fungy Bowl), C. How Do I Access the Documents? facility (‘‘State pick’’) and requested that Los Gemelos (Twin Rocks), Cayo del You may view the documents, by EPA list the AFWTA on the NPL. Puerto Agua, Culebrita, Cayos Geniqui (Palada appointment only, after the publication Rico clarified its designation in letters Cays), Cayo Tiburon (Shark Cay), Cayo of this rule. The hours of operation for dated October 21, 2003, and July 28, Botella (Ladrone Cay), and a former the Headquarters docket are from 8:30 2004, with respect to both Vieques and mortar range Area in Culebra’s Cerro a.m. to 4:30 p.m., Monday through Culebra, and May 26, 2004, with respect Balcon region. Vieques includes all Friday, excluding Federal holidays. to Vieques. On August 13, 2004, EPA areas agreed to by Puerto Rico and the Following is the contact information proposed to add AFWTA to the NPL Navy in a May 26, 2004, letter to EPA, for the EPA Headquarters: Docket which initiated a 60 day public and that potentially contain CERCLA
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hazardous substances, pollutants or EPA’s responses to the site-specific B. Paperwork Reduction Act contaminants left from past military comments are addressed in the 1. What Is the Paperwork Reduction activities. For more detailed information ‘‘Support Document for the Revised Act? on the Vieques portions, please refer to National Priorities List Final Rule— the May 26, 2004, letter with attached February 2005.’’ The comments and the According to the Paperwork maps in the Docket (Docket ID No. support document are contained in the Reduction Act (PRA), 44 U.S.C. 3501 et seq., an agency may not conduct or SFUND–2004–0011). The description of Headquarters and Region 2 Dockets and sponsor, and a person is not required to the facility may change as more are also listed in EPA’s electronic public information is gathered on the nature respond to a collection of information docket and comment system at that requires OMB approval under the and extent of contamination. http:/www.epa.gov/edocket/ using the This Rule adds the Vieques portions PRA, unless it has been approved by of AFWTA to the NPL. At this time, due SFUND–2004–0011 identification OMB and displays a currently valid to the pending negotiations between the number. This information is also OMB control number. The OMB control Commonwealth of Puerto Rico and the available in repositories in San Juan, numbers for EPA’s regulations, after Army, EPA has elected to take no action Vieques, and Culebra Puerto Rico. initial display in the preamble of the on the final listing decision for Culebra, IV. Statutory and Executive Order final rules, are listed in 40 CFR part 9. The information collection requirements including on whether Vieques and Reviews Culebra can be treated as one facility in related to this action have already been light of court decisions such as Mead. A. Executive Order 12866: Regulatory approved by OMB pursuant to the PRA On October 28, 2004, Raymond J. Fatz, Planning and Review under OMB control number 2070–0012 Deputy Assistant Secretary of the Army, (EPA ICR No. 574). 1. What Is Executive Order 12866? and Esteban Mujica-Cotto, President of 2. Does the Paperwork Reduction Act the Environmental Quality Board of the Under Executive Order 12866, (58 FR Apply to This Final Rule? Commonwealth of Puerto Rico, signed a 51735 (October 4, 1993)) the Agency Preliminary Points of Agreement No. EPA has determined that the PRA must determine whether a regulatory document to facilitate current and does not apply because this rule does action is ‘‘significant’’ and therefore future discussions regarding not contain any information collection subject to Office of Management and environmental activities on Culebra that requirements that require approval of were included in the AFWTA proposal. Budget (OMB) review and the the OMB. requirements of the Executive Order. This preliminary agreement is C. Regulatory Flexibility Act anticipated to result in a Memorandum The Order defines ‘‘significant of Agreement (MOA) between the regulatory action’’ as one that is likely 1. What Is the Regulatory Flexibility Commonwealth and the Department of to result in a rule that may: (1) Have an Act? the Army which will govern the process annual effect on the economy of $100 Pursuant to the Regulatory Flexibility for further investigation and cleanup of million or more or adversely affect in a Act (5 U.S.C. 601 et seq., as amended by the Culebra. The foregoing approach material way the economy, a sector of the Small Business Regulatory was described in the NPL proposed the economy, productivity, competition, Enforcement Fairness Act (SBREFA) of Federal Register document (69 FR jobs, the environment, public health or 1996) whenever an agency is required to 50115). safety, or State, local, or tribal publish a notice of rulemaking for any governments or communities; (2) create proposed or final rule, it must prepare B. Status of NPL a serious inconsistency or otherwise and make available for public comment With today’s addition, the NPL now interfere with an action taken or a regulatory flexibility analysis that contains 1,237 sites; 1,079 in the planned by another agency; (3) describes the effect of the rule on small General Superfund Section and 158 in materially alter the budgetary impact of entities (i.e., small businesses, small the Federal Facilities Section. In entitlements, grants, user fees, or loan organizations, and small governmental addition, there are now 68 sites programs or the rights and obligations of jurisdictions). However, no regulatory proposed and awaiting final agency flexibility analysis is required if the recipients thereof; or (4) raise novel action, 61 in the General Superfund head of an agency certifies the rule will legal or policy issues arising out of legal Section and seven in the Federal not have a significant economic impact Facilities Section. Final and proposed mandates, the President’s priorities, or on a substantial number of small sites now total 1,305. (These numbers the principles set forth in the Executive entities. SBREFA amended the reflect the status of sites as of January Order. Regulatory Flexibility Act to require 10, 2005. Site deletions occurring after 2. Is This Final Rule Subject to Federal agencies to provide a statement this date may affect these numbers at Executive Order 12866 Review? of the factual basis for certifying that a time of publication in the Federal rule will not have a significant Register.) No. The listing of sites on the NPL economic impact on a substantial number of small entities. C. What Did EPA Do With the Public does not impose any obligations on any Comments It Received? entities. The listing does not set 2. How Has EPA Complied With the standards or a regulatory regime and Regulatory Flexibility Act? The Atlantic Fleet Weapons Training imposes no liability or costs. Any This rule which adds a site to the Area (AFWTA) was proposed to the liability under CERCLA exists NPL, does not impose any obligations NPL on August 13, 2004 (69 FR 50115). irrespective of whether a site is listed. EPA received over 2,400 comments on any group, including small entities. It has been determined that this action relating to the proposal of AFWTA to This rule also establishes no standards is not a ‘‘significant regulatory action’’ the NPL. Of these comments, or requirements that any small entity approximately 99% were in favor of the under the terms of Executive Order must meet, and imposes no direct costs NPL designation for AFWTA. 12866 and is therefore not subject to on any small entity. Whether an entity, EPA responded to all relevant OMB review. small or otherwise, is liable for response comments received on this site and costs for a release or threatened release
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of hazardous substances and releases or small governments on compliance with regulation that has federalism substantial threats of releases into the the regulatory requirements. implications and that preempts State environment of any pollutant or law, unless the Agency consults with 2. Does UMRA Apply to This Final contaminant which may present an State and local officials early in the Rule? imminent or substantial danger to the process of developing the proposed public health or welfare depends on No, EPA has determined that this rule regulation. whether that entity is liable under does not contain a Federal mandate that This rule does not have federalism CERCLA 107(a). Any such liability may result in expenditures of $100 implications. It will not have substantial exists regardless of whether the site is million or more for State, local, and direct effects on the States (including listed on the NPL through this tribal governments in the aggregate, or the Commonwealth of Puerto Rico), on rulemaking. Thus, this rule does not by the private sector in any one year. the relationship between the Federal impose any requirements on any small This rule will not impose any Federal government and the States and the entities. For the foregoing reasons, I intergovernmental mandate because it Commonwealth, or on the distribution certify that this final rule does not have imposes no enforceable duty upon State, of power and responsibilities among the a significant economic impact on a tribal or local governments. Listing a various levels of government, as substantial number of small entities. site on the NPL does not itself impose specified in Executive Order 13132. any costs. Listing does not mean that Thus, the requirements of section 6 of D. Unfunded Mandates Reform Act EPA or other Federal agencies or private the Executive Order do not apply to this rule. 1. What Is the Unfunded Mandates parties will undertake remedial action. Nor does listing require any action by a Reform Act (UMRA)? F. Executive Order 13175: Consultation private party or determine liability for and Coordination With Indian Tribal Title II of the Unfunded Mandates response costs. Costs that arise out of Governments Reform Act of 1995 (UMRA), Public site responses result from site-specific Law 104–4, establishes requirements for decisions regarding what actions to take, 1. What Is Executive Order 13175? Federal agencies to assess the effects of not directly from the act of listing a site Executive Order 13175, entitled their regulatory actions on State, local, on the NPL. ‘‘Consultation and Coordination with and tribal governments and the private For the same reasons, EPA also has Indian Tribal Governments’’ (65 FR sector. Under section 202 of the UMRA, determined that this rule contains no 67249, November 6, 2000), requires EPA EPA generally must prepare a written regulatory requirements that might to develop an accountable process to statement, including a cost-benefit significantly or uniquely affect small ensure ‘‘meaningful and timely input by analysis, for proposed and final rules governments. In addition, as discussed tribal officials in the development of with ‘‘Federal mandates’’ that may above, the private sector is not expected regulatory policies that have tribal result in expenditures by State, local, to incur costs exceeding $100 million. implications.’’ ‘‘Policies that have tribal and tribal governments, in the aggregate, EPA has fulfilled the requirement for implications’’ is defined in the or by the private sector, of $100 million analysis under the Unfunded Mandates Executive Order to include regulations or more in any one year. Before EPA Reform Act. that have ‘‘substantial direct effects on promulgates a rule for which a written E. Executive Order 13132: Federalism one or more Indian tribes, on the statement is needed, section 205 of the relationship between the Federal UMRA generally requires EPA to What Is Executive Order 13132 and Is It government and the Indian tribes, or on identify and consider a reasonable Applicable to This Final Rule? the distribution of power and number of regulatory alternatives and Executive Order 13132, entitled responsibilities between the Federal adopt the least costly, most cost- ‘‘Federalism’’ (64 FR 43255, August 10, government and Indian tribes.’’ effective, or least burdensome 1999), requires EPA to develop an 2. Does Executive Order 13175 Apply to alternative that achieves the objectives accountable process to ensure This Final Rule? of the rule. The provisions of section ‘‘meaningful and timely input by State 205 do not apply when they are and local officials in the development of This rule does not have tribal inconsistent with applicable law. regulatory policies that have federalism implications. It will not have substantial Moreover, section 205 allows EPA to implications.’’ ‘‘Policies that have direct effects on tribal governments, on adopt an alternative other than the least federalism implications’’ is defined in the relationship between the Federal costly, most cost-effective, or least the Executive Order to include government and Indian tribes, or on the burdensome alternative if the regulations that have ‘‘substantial direct distribution of power and Administrator publishes with the final effects on the States, on the relationship responsibilities between the Federal rule an explanation why that alternative between the national government and government and Indian tribes, as was not adopted. Before EPA establishes the States, or on the distribution of specified in Executive Order 13175. any regulatory requirements that may power and responsibilities among the Thus, Executive Order 13175 does not significantly or uniquely affect small various levels of government.’’ apply to this rule. governments, including tribal Under section 6 of Executive Order G. Executive Order 13045: Protection of governments, it must have developed 13132, EPA may not issue a regulation Children From Environmental Health under section 203 of the UMRA a small that has federalism implications, that and Safety Risks government agency plan. The plan must imposes substantial direct compliance provide for notifying potentially costs, and that is not required by statute, 1. What Is Executive Order 13045? affected small governments, enabling unless the Federal government provides Executive Order 13045: ‘‘Protection of officials of affected small governments the funds necessary to pay the direct Children from Environmental Health to have meaningful and timely input in compliance costs incurred by State and Risks and Safety Risks’’ (62 FR 19885, the development of EPA regulatory local governments, or EPA consults with April 23, 1997) applies to any rule that: proposals with significant Federal State and local officials early in the (1) Is determined to be ‘‘economically intergovernmental mandates, and process of developing the proposed significant’’ as defined under Executive informing, educating, and advising regulation. EPA also may not issue a Order 12866, and (2) concerns an
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environmental health or safety risk that I. National Technology Transfer and General. This report must contain a EPA has reason to believe may have a Advancement Act copy of the rule, a concise general disproportionate effect on children. If statement relating to the rule (including 1. What Is the National Technology the regulatory action meets both criteria, whether it is a major rule), a copy of the Transfer and Advancement Act? the Agency must evaluate the cost-benefit analysis of the rule (if any), environmental health or safety effects of Section 12(d) of the National the agency’s actions relevant to the planned rule on children, and Technology Transfer and Advancement provisions of the Regulatory Flexibility explain why the planned regulation is Act of 1995 (NTTAA), Public Law 104– Act (affecting small businesses) and the preferable to other potentially effective 113, section 12(d) (15 U.S.C. 272 note), Unfunded Mandates Reform Act of 1995 and reasonably feasible alternatives directs EPA to use voluntary consensus (describing unfunded Federal considered by the Agency. standards in its regulatory activities requirements imposed on State and unless to do so would be inconsistent local governments and the private 2. Does Executive Order 13045 Apply to with applicable law or otherwise sector), and any other relevant This Final Rule? impractical. Voluntary consensus information or requirements and any standards are technical standards (e.g., This final rule is not subject to relevant Executive Orders. materials specifications, test methods, EPA has submitted a report under the Executive Order 13045 because it is not sampling procedures, and business CRA for this rule. The rule will take an economically significant rule as practices) that are developed or adopted effect, as provided by law, within 30 defined by Executive Order 12866, and by voluntary consensus standards days of publication of this document, because the Agency does not have bodies. The NTTAA directs EPA to since it is not a major rule. Section reason to believe the environmental provide Congress, through OMB, 804(2) defines a major rule as any rule health or safety risks addressed by this explanations when the Agency decides that the Administrator of the Office of rule present a disproportionate risk to not to use available and applicable Information and Regulatory Affairs children. voluntary consensus standards. (OIRA) of the Office of Management and H. Executive Order 13211 2. Does the National Technology Budget (OMB) finds has resulted in or is likely to result in: an annual effect on 1. What Is Executive Order 13211? Transfer and Advancement Act Apply to This Final Rule? the economy of $100,000,000 or more; a Executive Order 13211, ‘‘Actions major increase in costs or prices for No. This final rulemaking does not consumers, individual industries, Concerning Regulations That involve technical standards. Therefore, Significantly Affect Energy Supply, Federal, State, or local government EPA did not consider the use of any agencies, or geographic regions; or Distribution, or Use’’ (66 FR 28355 (May voluntary consensus standards. 22, 2001), requires EPA to prepare and significant adverse effects on submit a Statement of Energy Effects to J. Possible Changes to the Effective Date competition, employment, investment, the Administrator of the Office of of the Rule productivity, innovation, or on the ability of United States-based Information and Regulatory Affairs, 1. Has EPA Submitted This Rule to Office of Management and Budget, for enterprises to compete with foreign- Congress and the General Accounting based enterprises in domestic and certain actions identified as ‘‘significant Office? energy actions.’’ Section 4(b) of export markets. NPL listing is not a Executive Order 13211 defines The Congressional Review Act, 5 major rule because, as explained above, ‘‘significant energy actions’’ as ‘‘any U.S.C. 801 et seq., as added by the Small the listing, itself, imposes no monetary action by an agency (normally Business Regulatory Enforcement costs on any person. It establishes no enforceable duties, does not establish published in the Federal Register) that Fairness Act of 1996, generally provides that EPA necessarily will undertake promulgates or is expected to lead to the that before a rule may take effect, the remedial action, nor does it require any promulgation of a final rule or agency promulgating the rule must action by any party or determine its regulation, including notices of inquiry, submit a rule report, which includes a liability for site response costs. Costs advance notices of proposed copy of the rule, to each House of the Congress and to the Comptroller General that arise out of site responses result rulemaking, and notices of proposed of the United States. EPA has submitted from site-by-site decisions about what rulemaking: (1)(i) That is a significant a report containing this rule and other actions to take, not directly from the act regulatory action under Executive Order required information to the U.S. Senate, of listing itself. Section 801(a)(3) 12866 or any successor order, and (ii) is the U.S. House of Representatives, and provides for a delay in the effective date likely to have a significant adverse effect the Comptroller General of the United of major rules after this report is on the supply, distribution, or use of States prior to publication of the rule in submitted. energy; or (2) that is designated by the the Federal Register. A ‘‘major rule’’ Administrator of the Office of 3. What Could Cause a Change in the cannot take effect until 60 days after it Information and Regulatory Affairs as a Effective Date of This Rule? is published in the Federal Register. significant energy action.’’ This rule is not a ‘‘major rule’’ as Under 5 U.S.C. 801(b)(1) a rule shall 2. Is This Rule Subject to Executive defined by 5 U.S.C. 804(2). not take effect, or continue in effect, if Order 13211? Congress enacts (and the President 2. Could the Effective Date of This Final signs) a joint resolution of disapproval, This final rule is not subject to Rule Change? described under section 802. Executive Order 13211, ‘‘Actions Provisions of the Congressional Another statutory provision that may Concerning Regulations That Review Act (CRA) or section 305 of affect this rule is CERCLA section 305, Significantly Affect Energy Supply, CERCLA may alter the effective date of which provides for a legislative veto of Distribution, or Use’’ (66 FR 28355 (May this regulation. Under the CRA, 5 U.S.C. regulations promulgated under 22, 2001)) because it is not a significant 801(a), before a rule can take effect the CERCLA. Although INS v. Chadha, 462 regulatory action under Executive Order Federal agency promulgating the rule U.S. 919,103 S. Ct. 2764 (1983) and Bd. 12866. (See discussion of Executive must submit a report to each House of of Regents of the University of Order 12866 above.) the Congress and to the Comptroller Washington v. EPA, 86 F.3d 1214, 1222
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(D.C. Cir. 1996) cast the validity of the substances, Hazardous waste, PART 300—[AMENDED] legislative veto into question, EPA has Intergovernmental relations, Natural transmitted a copy of this regulation to resources, Oil pollution, Penalties, I 1. The authority citation for part 300 the Secretary of the Senate and the Clerk Reporting and recordkeeping continues to read as follows: of the House of Representatives. If requirements, Superfund, Water Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. action by Congress under either the CRA pollution control, Water supply. 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, or CERCLA section 305 calls the 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, effective date of this regulation into Dated: February 7, 2005. 3 CFR, 1987 Comp., p. 193. question, EPA will publish a document Barry N. Breen, I 2. Table 2 of Appendix B to part 300 of clarification in the Federal Register. Principal Deputy Assistant Administrator, is amended by adding the following Office of Solid Waste and Emergency List of Subjects in 40 CFR Part 300 facility to read as follows: Response. Environmental protection, Air Appendix B to Part 300—National pollution control, Chemicals, Hazardous I 40 CFR part 300 is amended as follows: Priorities List
TABLE 2.—FEDERAL FACILITIES SECTION
State Site name City/County Notes(a)
******* PR ...... Atlantic Fleet Weapons Training Area—Vieques ...... Island of Vieques1 ...... S
******* 1 Only the Vieques portions of the AFWTA are included in Appendix B to Part 300, the National Priorities List. The Culebra portions of the AFWTA (that were included in the NPL proposal AFWTA on August 13, 2004) are not included at this time due to ongoing negotiations between the Commonwealth of Puerto Rico and the Department of the Army. Notes: A = Based on issuance of health advisory by Agency for Toxic Substance and Disease Registry (if scored, HRS score need not be 28.50). C = Sites on Construction Completion list. S = State top priority (included among the 100 top priority sites regardless of score). P = Sites with partial deletion(s).
* * * * * community’s fifth local service. See 69 for inspection and copying during [FR Doc. 05–2711 Filed 2–10–05; 8:45 am] FR 60344, published October 8, 2004. regular business hours at the FCC’s Channel 240C2 can be allotted to Reference Information Center, Portals II, BILLING CODE 6560–50–P Alamogordo in compliance with the 445 Twelfth Street, SW., Room CY– Commission’s minimum distance A257, Washington, DC 20554. The separation requirements, provided there complete text of this decision may also FEDERAL COMMUNICATIONS is a site restriction of 10.4 kilometers be purchased from the Commission’s COMMISSION (6.5 miles) southeast of the community. duplicating contractor, Best Copy and 47 CFR Part 73 The reference coordinates for Channel Printing, Inc., 445 12th Street, SW., 240C2 at Alamogordo are 32–49–04 Room CY–B402, Washington, DC 20554, [DA 05–75; MB Docket No. 04–368, RM– North Latitude and 105–54–19 West telephone 1–800–378–3160 or http:// 11067; MB Docket No. 04–369, RM–11068] Longitude. Because the reference www.BCPIWEB.com. The Commission Radio Broadcasting Services; coordinates at Alamogordo are located will send a copy of this Report and Alamogordo, New Mexico and within 320 kilometers (200 miles) of the Order in a report to be sent to Congress Grayville, IL Mexican border, concurrence of the and the Government Accountability Mexican Government has been Office pursuant to the Congressional AGENCY: Federal Communications obtained. Filing windows for Channel Review Act, see 5 U.S.C. 801(a)(1)(A). Commission. 229A at Grayville, Illinois and Channel List of Subjects in 47 CFR Part 73 ACTION: Final rule. 240C2 at Alamogordo, New Mexico will not be opened at this time. Instead, the Radio, Radio broadcasting. SUMMARY: The Audio Division, at the issue of opening a filing window for request of Linda A. Davidson, allots these channels will be addressed by the PART 73—RADIO BROADCAST Channel 229A at Grayville, Illinois, as Commission in a subsequent order. SERVICES the community’s first local service. See DATES: Effective March 14, 2005. 69 FR 60344, published October 8, 2004. I 1. The authority citation for part 73 ADDRESSES: Federal Communications Channel 229A can be allotted to continues to read as follows: Grayville in compliance with the Commission, 445 Twelfth Street, SW., Authority: 47 U.S.C. 154, 303, 334 and 336. Commission’s minimum distance Washington, DC 20554. separation requirements, provided there FOR FURTHER INFORMATION CONTACT: § 73.202 [Amended] is a site restriction of 13.0 kilometers Helen McLean, Media Bureau, (202) I (8.1 miles) northwest of the community. 418–2738. 2. Section 73.202(b), the Table of FM The reference coordinates for Channel SUPPLEMENTARY INFORMATION: This is a Allotments under Illinois, is amended by 229A at Grayville are 38–21–56 North synopsis of the Commission’s Report adding Grayville, Channel 229A. Latitude and 88–03–38 West Longitude. and Order, MB Docket Nos. 04–368 and I 3. Section 73.202(b), the Table of FM The Audio Division, at the request of 04–369, adopted January 26, 2005, and Allotments under New Mexico, is Daniel R. Feely, allots Channel 240C2 at released January 28, 2005. The full text amended by adding Channel 240C2 at Alamogordo, New Mexico, as the of this Commission decision is available Alamogordo.
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Federal Communications Commission. Deep-Sea Red Crab Fishery Management participating limited access vessels had John A. Karousos, Plan (FMP) require the New England used 592 DAS and landed 3.32 million Assistant Chief, Audio Division, Media Fishery Management Council (Council) lb (1.51 million kg) of red crab. Bureau. to review annually the red crab There seems to be some seasonal [FR Doc. 05–2685 Filed 2–10–05; 8:45 am] specifications. The Council’s Red Crab variability in fishing activity, but data BILLING CODE 6712–01–P Plan Development Team (PDT) meets at collection under the FMP has not been least annually to review the status of the implemented long enough to evaluate stock and the fishery. Based on this seasonal trends accurately at this time. DEPARTMENT OF COMMERCE review, the PDT reports to the Council’s As of January 1, 2005, all four of the Red Crab Committee any necessary vessels with limited access permits that National Oceanic and Atmospheric adjustments to the management did not declare out of the fishery had Administration measures and recommendations for the DAS remaining for FY2004. specifications. Specifications may In addition to the vessels with limited 50 CFR Part 648 include the specification of optimum access permits, there are about 1,234 yield (OY), the setting of a target TAC, vessels with open access incidental take [Docket No. 041208344–4344–01; I.D. allocation of DAS, and/or adjustments red crab permits. These open access 012605A] to trip/possession limits. In developing incidental take permits allow a vessel to RIN 0648–AR59 the management measures and land up to 500 lb (226.8 kg) of whole red recommendations for the annual crab per trip. According to the Vessel Fisheries of the Northeastern United specifications, the PDT reviews the Trip Report database, only two vessels States; Atlantic Deep-Sea Red Crab following data, if available: commercial with incidental red crab permits Fishery catch data; current estimates of fishing reported any red crab landings and both mortality and catch-per-unit-effort; were very small amounts. AGENCY: National Marine Fisheries stock status; recent estimates of While limited data from the observer Service (NMFS), National Oceanic and recruitment; virtual population analysis database and monkfish industry-based Atmospheric Administration (NOAA), results and other estimates of stock size; surveys indicate that red crab bycatch Commerce. sea sampling, port sampling, and survey occurs in the groundfish and monkfish ACTION: Final rule. data or, if sea sampling data are fisheries, there is not sufficient unavailable, length frequency information to date to determine the SUMMARY: NMFS issues final information from port sampling and/or specifications for the 2005 Atlantic level of bycatch of red crabs. surveys; impact of other fisheries on the Based on the Council’s analysis in its Deep-Sea Red Crab (red crab) fishery, mortality of red crabs; and any other 2005 Red Crab SAFE Report/EA/RIR, which are the same as specifications for relevant information. Recommended the Council recommended that the the 2004 fishery. The target total specifications are presented to the current FY2004 specifications be allowable catch (TAC) and fleet days at Council for adoption and maintained for FY2005. NMFS concurs sea (DAS) for fishing year (FY) 2005 is recommendation to NMFS. that the Council’s recommended 5.928 million lb (2.69 million kg) and specifications meet the objectives of the 780 fleet DAS, respectively. Final 2005 Specifications FMP and, therefore, the following Accordingly, since one qualified limited Based on available biological specifications are maintained for access vessel has opted out of the information, the Council has FY2005: fishery for FY2005, the four remaining recommended that the maximum Target TAC: 5.928 million lb (2.69 vessels are each allocated 195 DAS. The sustainable yield (MSY) and OY for million kg) intent of the specifications is to FY2005 should remain the same as in Fleet DAS: 780 (since one vessel has conserve and manage the red crab FY2004. The FMP defines the target opted out of the fishery for FY2005, the resource and provide for a sustainable TAC as equal to OY, and OY is set at remaining four vessels would receive fishery. 95 percent of MSY, unless adjusted 195 DAS each) DATES: through the annual specifications This rule is effective from March Classification 1, 2005, through February 28, 2006. process. The MSY for FY2005 is still estimated to be 6.24 million lb (2.83 This action is exempt from review ADDRESSES: Copies of supporting under Executive Order 12866. documents, including the Stock million kg); therefore, absent any new A description of the legal basis and Assessment and Fishery Evaluation information on which to base a change reasons for the action, and its objectives, (SAFE) Report, Environmental in OY, OY and the target TAC remain can be found in the preamble and are Assessment (EA), and the Regulatory 5.928 million lb (2.69 million kg). According to the DAS database, four not repeated here. This action does not Impact Review (RIR) for the 2005 Red of the five vessels that received a contain any new collection-of- Crab Fishing Year are available from limited access permit in FY2003 used a information, reporting, or recordkeeping Paul J. Howard, Executive Director, New total of 571 days; 73 percent of the full requirements. It would not duplicate, England Fishery Management Council, 780 DAS that were allocated (the fifth overlap, or conflict with any other 50 Water Street, Mill 2, Newburyport, vessel did not fish in FY2003). That Federal rules. MA 01950. The SAFE Report/EA/RIR is amount of fishing effort resulted in 4.09 Pursuant to 5 U.S.C. 553(b)(B), there also accessible via the Internet at http:/ million lb (1.86 million kg) of red crab is good cause to waive proposed /www.nero.nmfs.gov. landed by the limited access fleet. rulemaking and its concomitant prior FOR FURTHER INFORMATION CONTACT: E. The fleet was allocated 780 DAS for notice and opportunity for public Martin Jaffe, Fishery Policy Analyst, FY2004 and, because one of the limited comment on this action. This action (978) 281–9272. access vessels had opted out of the continues specifications already in SUPPLEMENTARY INFORMATION: This final fishery, this translated into 195 DAS for place in § 648.260(a)(1) (setting the rule implements the final specifications each of the four participating limited TAC), § 648.262(b)(2) (setting the DAS), for the FY2005 red crab fishery. access vessels. FY2004 began on March and in 67 FR 63222 (setting the DAS Regulations implementing the Atlantic 1, 2004, and, as of January 1, 2005, the reallocation). These specifications,
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which were subject to public comment, reason, there is good cause under 5 Authority: 16 U.S.C. 1801 et seq. were intended to remain in place U.S.C. 553(d)(3) to waive any delay in Dated: February 7, 2005. indefinitely unless changed at the effectiveness of this rule. John Oliver, recommendation of the Council. This Because prior notice and opportunity intention was stated clearly in the Deputy Assistant Administrator for for public comment are waived for this preamble to 67 FR 63222. Because the Operations, National Marine Fisheries rule pursuant to 5 U.S.C. 553(b), the Council has not recommended any Service. change in the FY2005 specifications, Regulatory Flexibility Act analysis, [FR Doc. 05–2690 Filed 2–10–05; 8:45 am] public comment through proposed pursuant to 5 U.S.C. 601 et seq., is not BILLING CODE 3510–22–S rulemaking is unnecessary. For the same required.
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This section of the FEDERAL REGISTER with the contact person shown in this conduct and implementing SSA contains notices to the public of the proposed preamble. guidance and procedures issued in issuance of rules and regulations. The accordance with the executive branch- Electronic Version purpose of these notices is to give interested wide Standards. persons an opportunity to participate in the The electronic file of this document is rule making prior to the adoption of the final available on the date of publication in Proposed § 9101.102 Outside rules. Employment and Other Outside the Federal Register at http:// Activities www.gpoaccess.gov/fr/index.html. It is SOCIAL SECURITY ADMINISTRATION also available on the Internet site for Under 5 CFR 2635.403(a), an agency SSA (i.e., Social Security Online) at may, by supplemental regulation, 5 CFR Chapter LXXXI http://policy.ssa.gov/pnpublic.nsf/ prohibit its employees from having LawsRegs. compensated outside employment, when the agency determines that having RINs 0960–AE48, 3209–AA15 FOR FURTHER INFORMATION CONTACT: that outside employment would cause a Asim A. Akbari, Office of the General Supplemental Standards of Ethical reasonable person to question the Counsel, General Law Division, impartiality and objectivity with which Conduct for Employees of the Social telephone (410) 966–6581, fax (410) Security Administration agency programs are administered. Such 597–0071, or TTY 1–410–966–5609. For outside employment prohibited by an AGENCY: Social Security Administration information on eligibility or filing for agency’s supplemental regulation (SSA). benefits, call our national toll-free would, in turn, be ‘‘conflicting outside numbers, 1–800–772–1213 or TTY 1– ACTION: Notice of proposed rulemaking. employment’’ and therefore barred by 800–325–0778, or visit our Internet Web the executive branch-wide Standards, SUMMARY: The Social Security site, Social Security Online, at http:// under 5 CFR 2635.802(a). In addition, Administration (SSA), with the www.socialsecurity.gov. under 5 CFR 2635.803 where it is concurrence of the Office of SUPPLEMENTARY INFORMATION: determined to be necessary or desirable Government Ethics (OGE), proposes to for the purpose of administering its issue regulations that would I. Background ethics program, an agency shall by supplement, for officers and employees On August 7, 1992, (at 57 FR 35006– supplemental regulation require of SSA, the OGE Standards of Ethical 35067) OGE published Standards of employees or any category of employees Conduct for Employees of the Executive Ethical Conduct for Employees of the to obtain approval before engaging in Branch. The proposed regulations Executive Branch (OGE Standards), specific types of outside activities, would set forth prohibitions and prior which as corrected and amended are including outside employment. approval requirements for certain codified at 5 CFR part 2635. Effective SSA has determined that SSA outside employment and other outside generally on February 3, 1993, the OGE employees’’ having the outside activities for all SSA employees, and Standards established uniform rules employment described below would would set forth additional prior applicable to all executive branch cause a reasonable person to question approval requirements for SSA personnel. the impartiality and objectivity with Administrative Law Judges. Pursuant to 5 CFR 2635.105, which SSA programs are administered. In addition, SSA has determined that it DATES: To be sure that your comments executive branch agencies are are considered, we must receive them authorized to publish, with the is necessary or desirable for the purpose by March 14, 2005. concurrence of OGE, supplemental of administering its ethics program to regulations deemed necessary to impose on its employees the prior ADDRESSES: You may give us your approval requirements described below. comments by: Using our Internet facility implement their respective ethics programs. SSA and OGE have (a) Applicability. The outside (i.e., Social Security Online) at http:// employment and activity prohibitions policy.ssa.gov/pnpublic.nsf/LawsRegs or determined that the following proposed supplemental regulations are necessary and the prior approval requirements the Federal eRulemaking Portal at http:/ imposed by paragraphs (c) and (d), /www.regulations.gov; e-mail to and appropriate in view of SSA’s programs and operations, and to fulfill respectively, of this proposed section, [email protected]; telefax to (410) would apply to all SSA employees, 966–2830; or letter to the Commissioner the purposes of the OGE Standards. The supplemental regulations would be except special Government employees. of Social Security, P.O. Box 17703, Nevertheless, special Government Baltimore, MD 21235–7703. You may issued in a new chapter LXXXI, consisting of part 9101, of 5 CFR. employees remain subject to other also deliver them to the Office of statutory and regulatory authorities Regulations, Social Security II. Analysis of the Proposed Regulations governing their outside activities, Administration, 100 Altmeyer Building, Proposed § 9101.101 General including bars on their representational 6401 Security Boulevard, Baltimore, MD activities at 18 U.S.C. 203(c) and 205(c), 21235–6401, between 8 a.m. and 4:30 This proposed section would state the and applicable provisions of 5 CFR part p.m. on regular business days. purpose of the supplemental regulation. 2635. Comments are posted on our Internet Also, it would include cross-references (b) Definitions. Proposed site at http://policy.ssa.gov/ to other issuances applicable to SSA § 9101.102(b) would set forth definitions pnpublic.nsf/LawsRegs or you may employees, including regulations on of the terms used in the section. inspect them physically on regular financial disclosure, financial interests, (c) Prohibited Outside Employment business days by making arrangements and employee responsibilities and and Activities. Proposed § 9101.102(c)
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would prohibit an SSA employee from nonprofit organizations, as a member of meaning of 5 CFR 2635.807(a)(2)(i)(B) engaging in consultative or professional a group, such as an advisory board. through (E). Moreover, the proposed services, for compensation, to prepare, Therefore, prior approval would be prior approval requirement would not or assist in the preparation of, any grant required for such outside employment apply, as provided at applications, contract proposals, activities as well. § 9101.102(d)(2)(iii) as proposed, to program reports, or other documents (1) General Approval Requirement. those categories of employment that that are intended for submission to SSA. Proposed § 9101.102(d)(1) would list the have been exempted, pursuant to Note that such conduct, if undertaken employment or activities, with or § 9101.102(d)(5) as proposed, based on a on an uncompensated basis, though not without compensation, for which prior determination that such employment expressly prohibited by proposed written approval would be required for activities generally would be approved paragraph (c), would be subject to the SSA employees. Proposed and are not likely to involve conduct prior approval requirement in proposed § 9101.102(d)(1)(iii) would exclude from prohibited by statute or Federal paragraph (d). the prior approval requirement certain regulation. (d) Prior Approval for Outside services for enumerated nonprofit (3) Submission of Requests for Prior Employment and Other Outside organizations that are uncompensated Approval. Proposed § 9101.102(d)(3) Activities. Proposed § 9101.102(d) (other than reimbursement of expenses) would specify that employees would would require employees to obtain and do not involve the provision of have to submit prior approval requests written approval prior to engaging in professional or consultative services. in writing to their immediate supervisor Proposed § 9101.102(d)(5) would at least 30 days in advance in order to certain outside employment or other likewise exclude those categories of allow a reasonable time before the outside activities. The prior approval outside employment and activities proposed activity for the consideration requirement would be an integral part of exempted thereunder (see the of the requested approval of outside SSA’s ethics program. SSA, with OGE’s discussion of that provision below). activities. Employees would be required concurrence, believes that the prior (2) Additional Approval Requirement to include information in their prior approval requirement is necessary to Applicable to Administrative Law approval requests sufficient to assess the ensure that an employee’s participation Judges (ALJs). Under proposed activity. Upon a significant change in in outside employment or other outside § 9101.102(d)(2), SSA ALJs would be the nature or scope of the outside activities does not adversely affect required to obtain prior written employment or in the employee’s SSA operations within the employing approval for all outside employment, position, proposed § 9101.102(d)(3)(ii) component or place the employee at risk with only limited exceptions. SSA has would require the employee to submit a of violating applicable statutes and determined that it is necessary to the revised request for approval. regulations governing employee administration of its ethics program to (4) Standard for Approval. Proposed conduct. SSA deems the prior approval have this broad prior approval § 9101.102(d)(4) would specify the requirement necessary to preclude the requirement for its ALJs. SSA ALJs have standard for approval of outside appearance that an outside employment the responsibility for issuing decisions employment or other activities. Each or other outside activity mentioned on benefit claims under titles II and XVI proposed activity would be reviewed on above may have been obtained through of the Social Security Act. SSA must a case-by-case basis in order to the use of the employee’s official ensure the public that the hearing determine that the activity is not position and to address a number of process is fair and that there is no expected to involve conduct prohibited other potential ethics concerns. Given appearance that an ALJ has a conflict of by statute or Federal regulation, that SSA annually provides millions of any kind that would undermine the including 5 CFR part 2635 and the SSA dollars of funding in SSA grants, process. ALJs hear and decide cases supplemental regulations. A proposed contracts, cooperative research and from the public on a daily basis. Thus, note that would follow § 9101.102 development agreements and other ALJs are one of the most visible SSA would advise employees that the funding relationships, SSA has employees to the public. ALJ activities, granting of approval for an outside determined that requiring approval both in and out of the office, are activity does not relieve the employee of prior to engaging in such SSA-funded scrutinized by the public. Due to their the obligation to abide by all applicable activities is critical to protect against heightened notoriety by the public as laws and regulations governing questions arising regarding the compared to other SSA employees, the employee conduct. The note would put impartiality and objectivity of its proposed prior approval requirement in employees on notice that approval employees and the administration of § 9101.102(d)(2) would allow SSA to merely constitutes an assessment that SSA’s programs. In fulfilling its mission, assist ALJs in avoiding outside the activity, as described on the SSA would be hindered if members of employment activities that may create a approval request, generally does not the public were to question whether perception of partiality in the decision- appear likely to violate any criminal SSA employees were using their public making process. statutes or other ethics rules. The note position or workplace connections for Consistent with the other prior would serve as a reminder to employees private remunerative gain attributable, approval provisions applicable to all that during the course of an otherwise directly or indirectly, to appropriated SSA employees, proposed approvable activity, situations may funds. In addition, an appearance of § 9101.102(d)(2)(ii) would not require arise, or actions may be contemplated misuse of an employee’s official approval for participation in the that nevertheless pose ethical concerns. position may arise where an employee activities of certain enumerated SSA ethics officials are available to is providing professional or consultative nonprofit organizations, unless the provide advice and guidance to SSA services; engaging in teaching, speaking, participation were to involve the employees as to such situations. writing, or editing that relates to his or provision of professional or consultative (5) Responsibilities of the Designated her official duties or is undertaken upon services, were to be performed for Agency Ethics Official or Designee. invitation by a prohibited source; or compensation (other than Proposed § 9101.102(d)(5) would providing services to a non-Federal reimbursement of expenses), or, provide that the Designated Agency entity as an officer, director, or board additionally, the activity relates to the Ethics Official (DAEO) may issue member, or, with certain exceptions for employee’s official duties within the instructions or manual issuances that
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will be distributed to all SSA offices Regulatory Flexibility Act Authority: 5 U.S.C. 7301; 5 U.S.C. App. exempting categories of employment or (Ethics in Government Act of 1978); E.O. SSA has determined under the 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. other activities from the prior approval Regulatory Flexibility Act (5 U.S.C. requirement, after a determination that 215, as modified by E.O. 12731, 55 FR 42547, chapter 6) that this proposed regulation 3 CFR, 1990 Comp., p. 306; 5 CFR 2635.105, the employment or activities within will not have a significant economic 2635.403, 2635.802, 2635.803. those categories would generally be impact on a substantial number of small approved and are not likely to involve entities because it affects only SSA § 9101.101 General. conduct prohibited by statute or Federal employees. (a) Purpose. In accordance with 5 CFR regulation, including the OGE Standards 2635.105, the regulations in this part and this supplemental regulation. Paperwork Reduction Act apply to employees of Social Security Through these instructions or manual SSA has determined that the reporting Administration (SSA) and supplement issuances, SSA may specify internal requirements contained in proposed the Standards of Ethical Conduct for procedures governing the submission of § 9101.102(d) are exempt from coverage Employees of the Executive Branch prior approval requests and under the Paperwork Reduction Act as contained in 5 CFR part 2635. maintenance of records, designate specified in 5 CFR 1320.3(c)(4). (b) Cross-references. In addition to 5 appropriate officials to act on such Unfunded Mandates Reform Act CFR part 2635 and this part, SSA requests, and include examples of employees are required to comply with outside employment or other outside For purposes of the Unfunded implementing guidance and procedures activities that are permissible or Mandates Reform Act of 1995 (2 U.S.C. issued by SSA in accordance with 5 impermissible consistent with the OGE chapter 25, subchapter II), this proposed CFR 2635.105(c). SSA employees are Standards and this part. regulation will not significantly or also subject to the executive branch- uniquely affect small governments and Clarity of the Proposed Rules wide financial disclosure regulations at will not result in increased expenditures 5 CFR part 2634, the financial interests In addition to your substantive by State, local, and tribal governments, regulations at 5 CFR part 2640, and the comments on these proposed rules, we or by the private sector, of $100 million employee responsibilities and conduct invite your comments on how to make or more (as adjusted for inflation) in any regulations at 5 CFR part 735. the rules easier to understand. For one year. § 9101.102 Outside employment and other example: Congressional Review Act outside activities. • Have we organized the material to SSA has determined that this (a) Applicability. This section applies suit your needs? rulemaking is a nonmajor rule under the to all SSA employees, except special • Are the requirements in the rules Congressional Review Act (5 U.S.C. Government employees. clearly stated? chapter 8) and will, before the future (b) Definitions. For the purposes of • Do the rules contain technical final rule takes effect, submit a report this section: language or jargon that may be avoided thereon to the United States Senate, Compensation has the meaning set or that is not clear? House of Representatives and General forth in 5 CFR 2635.807(a)(2)(iii). Accounting Office in accordance with Consultative services means the • Would a different format (grouping that law. provision of personal services by an and order of sections, use of headings, employee, including the rendering of paragraphing) make the rules easier to List of Subjects in 5 CFR Part 9101 advice or consultation, which requires understand? Conflict of interests, Government advanced knowledge in a field of • Would more (but shorter) sections employees. science or learning customarily acquired be better? Dated: January 26, 2005. by a course of specialized instruction • What else could we do to make the Jo Anne B. Barnhart, and study in an institution of higher rules easier to understand? Commissioner of Social Security. education, hospital, or other similar facility. III. Matters of Regulatory Procedure Approved: February 1, 2005. Employment means any form of non- Executive Order 12866, Regulatory Marilyn L. Glynn, Federal employment or business Planning and Review Acting Director, Office of Government Ethics. relationship involving the provision of personal services by the employee, In issuing this proposed rule, SSA has For the reasons set forth in the preamble, the Social Security whether or not for compensation, or any adhered to the regulatory philosophy self-employment business activity. It and the applicable principles of Administration, with the concurrence of the Office of Government Ethics, is includes but it is not limited to personal regulations set forth in section 1 of services as an officer, director, Executive Order 12866 of September 30, proposing to amend title 5 of the Code of Federal Regulations by adding a new employee, agent, attorney, consultant, 1993. This proposed rule is limited to contractor, general partner, or trustee. agency organization, management, or chapter LXXXI, consisting of part 9101, to read as follows: Professional services means the personnel matters, and thus is not a provision of personal services by an ‘‘significant regulatory action,’’ as Chapter LXXXI—Social Security employee, including the rendering of defined in sections 3(d) through (f) of Administration advice or consultation, which involves the Executive Order. application of the skills of a profession PART 9101—SUPPLEMENTAL Executive Order 12988 as defined in 5 CFR 2636.305(b)(1) or STANDARDS OF ETHICAL CONDUCT involves a fiduciary relationship as As Commissioner of Social Security I FOR EMPLOYEES OF THE SOCIAL defined in 5 CFR 2636.305(b)(2). have reviewed this proposed rule in SECURITY ADMINISTRATION Receive has the meaning set forth in light of section 3 of Executive Order Sec. 5 CFR 2635.807(a)(2)(iv). 12988, Civil Justice Reform, and certify 9101.101 General. (c) Prohibited outside employment that it meets the applicable standards 9101.102 Outside employment and other and activities—prohibited assistance in provided therein. outside activities. the preparation of grant applications or
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contract proposals. An employee shall nonprofit charitable, religious, performed is receiving, or intends to not provide to or on behalf of any professional, social, fraternal, seek, SSA or Federal Government person consultative or professional educational, recreational, public service benefits, an SSA grant, contract, services, for compensation, which or civic organization, unless the cooperative research and development includes preparing, or assisting in the participation involves the provision of agreement, or other funding preparation of, any grant application, professional or consultative services relationship; and contract proposal, program report or within the meaning of paragraph (b) of (J) For activities involving teaching, other document intended for this section, is performed for speaking, writing, or editing, the submission to SSA. compensation other than the proposed text of any disclaimer required (d) Prior approval for outside reimbursement of expenses, or the by 5 CFR 2635.807(b)(2) or by the employment and other outside activity relates to the employee’s official instructions or manual issuances activities. (1) General approval duties within the meaning of 5 CFR authorized under paragraph (d)(5) of requirement. Except to the extent that 2635.807(a)(2)(i)(B) through (E). this section. However, no advance the SSA Designated Agency Ethics (iii) The requirement of paragraph approval for the disclaimer is required Official has exempted the employment (d)(2)(i) of this section shall not apply if the disclaimer reads as follows: ‘‘This or other activity under paragraph (d)(5) to the extent that an employment (article, book, etc.) was (written, edited) of this section, an employee shall obtain activity has been exempted, pursuant to by (employee’s name) in (his or her) written approval prior to engaging, with paragraph (d)(5) of this section. private capacity. No official support or or without compensation, in the (3) Submission of request for endorsement by the Social Security following outside employment or approval. (i) An employee seeking to Administration or the United States is activities: engage in any of the activities for which intended or should be inferred.’’ Where (i) Providing professional or advance approval is required shall allow a disclaimer is required for an article, consultative services, including service not less than 30 days before the book or other writing, the disclaimer as an expert witness; proposed activity for the consideration will be printed in a reasonably (ii) Engaging in teaching, speaking, of the written request for approval. The prominent position in the writing itself. writing, or editing that: employee shall submit the request for (ii) Upon a significant change in the (A) Relates to the employee’s official approval to his or her immediate nature or scope of the outside duties within the meaning of 5 CFR supervisor. All requests for prior employment or in the employee’s SSA 2635.807(a)(2)(i)(B) through (E); or approval shall include the following position, the employee must submit a (B) Would be undertaken as a result information: revised request for approval. of an invitation to engage in the activity (A) The employee’s name, (4) Standard for approval. Approval that was extended to the employee by a organizational component, position shall be granted only upon a person who is a prohibited source title, grade and salary; determination that the outside within the meaning of 5 CFR (B) The nature of the proposed employment or activity is not expected 2635.203(d). outside employment or other outside to involve conduct prohibited by statute (iii) Providing services to a non- activity, including a full description of or Federal regulation, including 5 CFR Federal entity as an officer, director, or the specific duties or services to be part 2635 and this part. board member, or as a member of a performed; (5) Responsibilities of the Designated group such as a planning commission (C) A description of the employee’s Agency Ethics Official or Designee. The advisory council, editorial board, official duties that relate in any way to SSA Designated Agency Ethics Official scientific or technical advisory board or the proposed activity; may issue an instruction or manual panel, which require the provision of (D) The name and address of the issuance exempting categories of advice, counsel or consultation, unless person or organization for whom or with employment or other outside activities the service is provided, without which the work or activity will be done, from a requirement of prior written compensation other than reimbursement including the location where the approval based on a determination that of expenses, to a nonprofit charitable, services will be performed; the employment or activities within religious, professional, social, fraternal, (E) The estimated total time that will those categories would generally be educational, recreational, public service be devoted to the activity. There must approved and would not be likely to or civic organization and does not be a statement of the estimated number involve conduct prohibited by statute or involve the provision of professional or of hours per year and a statement of the Federal regulation, including 5 CFR part consultative services within the anticipated beginning and ending date; 2635 and this part. Through these meaning of paragraph (b) of this section. (F) A statement as to whether the instructions or manual issuances, SSA (iv) Engaging in an activity funded by work can be performed entirely outside may specify internal procedures an SSA grant, contract, cooperative of the employee’s regular duty hours governing the submission of prior research and development agreement, or and, if not, the estimated number of approval requests and maintenance of other funding relationship. hours of absence that will be required; records, designate appropriate officials (2) Additional approval requirement (G) The method or basis of any to act on such requests, and include for Administrative Law Judges. (i) In compensation (e.g., fee, per diem, examples of outside employment or addition to the approval requirements honorarium, royalties, stock options, other outside activities that are set forth in paragraph (d)(1) of this travel and expenses, or other); permissible or impermissible consistent section, an SSA Administrative Law (H) A statement whether the with the OGE Standards and this part. Judge shall obtain written approval compensation is derived from an SSA prior to engaging in any outside grant, contract, cooperative agreement, Note to § 9101.102: The granting of employment, except as provided in or other source of SSA funding; approval for an outside activity does not (I) For activities involving the relieve the employee of the obligation to paragraphs (d)(2)(ii) and (d)(2)(iii) of abide by all applicable laws and regulations this section. provision of consultative or professional governing employee conduct. Approval (ii) The requirement of paragraph services, a statement indicating whether merely constitutes an assessment that the (d)(2)(i) of this section does not apply to the client, employer, or other person on activity as described on the submission participation in the activities of a whose behalf the services are to be generally does not appear likely to violate
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any criminal statutes or other ethics rules. Washington, DC 20555–0001, Attn: III. Purpose of Rulemaking Employees are reminded that during the Rulemakings and Adjudications Staff. IV. Request for Specific Comment course of an otherwise approvable activity, E-mail comments to: [email protected]. If V. Discussion of Proposed Amendments by situations may arise, or actions may be you do not receive a reply e-mail Section contemplated, that nevertheless, pose ethical VI. Criminal Penalties concerns. SSA ethics officials are available to confirming that we have received your VII. Agreement State Issues provide advice and guidance to SSA comments, contact us directly at (301) VIII. Plain Language employees as to such situations. 415–1966. You may also submit IX. Voluntary Consensus Standards comments via the NRC’s rulemaking X. Finding of No Significant Impact: [FR Doc. 05–2644 Filed 2–10–05; 8:45 am] Web site at http://ruleforum.llnl.gov. Environmental Assessment BILLING CODE 4191–02–P Address questions about our rulemaking XI. Paperwork Reduction Act Statement Web site to Carol Gallagher at (301) XII. Regulatory Analysis 415–5905; e-mail [email protected]. XIII. Regulatory Flexibility Analysis XIV. Backfit Analysis NUCLEAR REGULATORY Comments can also be submitted via the COMMISSION Federal Rulemaking Portal http:// I. Background www.regulations.gov. 10 CFR Parts 2, 30, 40, 50, 52, 60, 63, Safeguards Information (SGI) is a Hand-deliver comments to: 11555 70, 71, 72, 73, 76 and 150 special category of sensitive unclassified Rockville Pike, Rockville, Maryland information to be protected from RIN: 3150–AH57 20852, between 7:30 a.m. and 4:15 p.m. unauthorized disclosure under section Federal workdays. (Telephone: (301) Protection of Safeguards Information 147 of the Atomic Energy Act of 1954, 415–1966). as amended (AEA). Although SGI is AGENCY: Nuclear Regulatory Fax comments to: Secretary, U.S. considered to be sensitive unclassified Commission. Nuclear Regulatory Commission at (301) information, it is handled and protected 415–1101. Publicly available documents ACTION: Proposed rule. more like classified National Security related to this rulemaking may be Information than like other sensitive SUMMARY: The Nuclear Regulatory examined and copied for a fee at the unclassified information (e.g., privacy Commission (NRC) is proposing to NRC’s Public Document Room (PDR), and proprietary information). Part 73, amend its regulations for the protection Public File Area O1F21, One White ‘‘Physical Protection of Plants and of Safeguards Information (SGI) to Flint North, 11555 Rockville Pike, Materials,’’ of the Commission’s protect SGI from inadvertent release and Rockville, Maryland. Selected regulations in Title 10 of the Code of unauthorized disclosure which might documents, including comments, can be Federal Regulations contains compromise the security of nuclear reviewed and downloaded requirements for the protection of SGI. facilities and materials. The proposed electronically via the NRC rulemaking Commission orders issued since amendments are consistent with recent Web site at http://ruleforum.llnl.gov. September 11, 2001, have also imposed Commission practices reflected in You may submit comments on the requirements for the designation and orders and threat advisories, issued information collections by the methods protection of SGI. These requirements since September 11, 2001. The proposed indicated in the Paperwork Reduction apply to SGI in the hands of any person, amendments would affect certain Act Statement. whether or not a licensee of the licensees, information, and materials Publicly available documents created Commission, who produces, receives, or not currently specified in the or received at the NRC after November acquires SGI. An individual’s access to regulations, but which are within the 1, 1999, are available electronically at SGI requires both a valid ‘‘need to scope of Commission authority under the NRC’s Electronic Reading Room at know’’ such information and the Atomic Energy Act of 1954, as http://www.nrc.gov/NRC/ADAMS/ authorization based on an appropriate amended (AEA). index.html. From this site, the public background investigation. Power DATES: The comment period expires can gain entry into the NRC’s reactors, certain research and test March 28, 2005. Submit comments Agencywide Document Access and reactors, and spent fuel storage specific to the information collections Management System (ADAMS), which installations are examples of the aspects of this rule March 14, 2005. provides text and image files of NRC’s categories of licensees currently within Comments received after that date will public documents. If you do not have the scope of the provisions of part 73 for be considered if it is practical to do so, access to ADAMS or if there are the protection of SGI. Examples of the but the NRC is able to ensure problems in accessing the documents types of information designated as SGI consideration only for comments located in ADAMS, contact the NRC’s include the physical security plan for a received on or before this date. PDR Reference staff at 1–800–397–4209, licensee’s facility; the design features of 301–415–4737 or by e-mail to ADDRESSES: You may submit comments such a licensee’s physical protection by any one of the following methods. [email protected]. system; and operational procedures for Please include the following number FOR FURTHER INFORMATION CONTACT: the licensee’s security organization. (RIN 3150–AH57) in the subject line of Marjorie Rothschild, Office of the The Commission has authority under your comments. Comments on this General Counsel, U.S. Nuclear section 147 of the AEA to designate, by rulemaking submitted in writing or in Regulatory Commission, Washington, regulation or order, other types of electronic form will be made available DC 20555–0001, telephone (301) 415– information as SGI. For example, for public inspection. Because your 1633, e-mail [email protected] or Bernard section 147.a.(2) allows the Commission comments will not be edited to remove Stapleton, Office of Nuclear Security to designate as SGI a licensee’s or any identifying or contact information, and Incident Response, Nuclear applicant’s detailed security measures the NRC cautions you against including Regulatory Commission, Washington, (including security plans, procedures personal information such as social DC 20555–0001, (301) 415–2432, e-mail and equipment) for the physical security numbers and birth dates in [email protected]. protection of source material or your submission. SUPPLEMENTARY INFORMATION: byproduct material in quantities Mail comments to: Secretary, U.S. I. Background determined by the Commission to be Nuclear Regulatory Commission, II. Need for Rule significant to the public health and
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safety or the common defense and defense and security. The unauthorized III. Purpose of Rulemaking security. The Commission has, by order, release of this information could result NRC staff review of the SGI regulatory imposed SGI handling requirements on in harm to the public health and safety program indicates that changes in the certain categories of these other and the Nation’s common defense and regulations are needed to address issues licensees. An example is a November security, as well as damage to the such as access to SGI, types of security 25, 2003 order issued to certain Nation’s critical infrastructure, 1 information to be protected, and materials licensees. including nuclear power plants and handling and storage requirements.3 Violations of SGI handling and other facilities and materials licensed This rulemaking would: protection requirements, whether those and regulated by the NRC. Codify the SGI requirements imposed specified in part 73 or those imposed by Since September 11, 2001, the NRC by the orders; order, are subject to the applicable civil has issued orders that have increased Expand the scope of part 73 to and criminal sanctions. Employees, past the number of licensees whose security include additional categories of or present, and all persons who have measures will be protected as SGI and licensees (e.g., source and byproduct had access to SGI have a continuing have added additional types of security material licensees, research and test obligation to protect SGI in order to information considered to be SGI. reactors not previously covered, and prevent inadvertent release and Orders have been issued to power fuel cycle facilities not previously unauthorized disclosure. Information reactor licensees, fuel cycle facility covered); designated as SGI must be withheld licensees, certain source material Expand the types of security from public disclosure and must be licensees, and certain byproduct information covered by the definition of physically controlled and protected. material licensees. Some of the orders SGI in § 73.21 to include access Protection requirements include (1) expanded the types of information to be authorization for background screening, protected by licensees who already have secure storage; (2) document marking; detailed emergency planning scenarios (3) restriction of access; (4) limited an SGI protection program, such as and implementing procedures, reproduction; (5) protected nuclear power reactor licensees. Other vulnerabilities or weaknesses corrected transmission; and (6) controls for orders were issued to licensees that in a security system, and some training information processing on electronic have not previously been explicitly and qualification information; and systems. subject to SGI protection requirements Update § 73.21 to address advanced Inadequate protection of SGI, in the regulations, such as certain technology, such as new types of including inadvertent release and licensees authorized to manufacture or portable communication devices and unauthorized disclosure, may result in initially transfer items containing copiers using digital technology. civil and/or criminal penalties. The radioactive material.2 Some orders A graded approach based on the risks AEA explicitly provides in section impose a new designation: Safeguards and consequences of information 147.a. that ‘‘any person, whether or not Information—Modified Handling (SGI– disclosure is being used in determining a licensee of the Commission, who M). SGI–M pertains to certain SGI which category of licensee or type of violates any regulations adopted under subject to handling requirements that information will be subject to certain this section shall be subject to the civil are modified from what part 73 itself protection requirements. This graded monetary penalties of section 234 of this currently requires. This designation for approach can be applied to such issues Act.’’ Furthermore, willful violation of SGI applies to certain quantities of as the type of information to be any regulation or order governing SGI is source, byproduct, and special nuclear protected, the classes of licensees a felony subject to criminal penalties in materials for which the risk of the form of fines or imprisonment, or unauthorized disclosure of information subject to the rule, and the level of both, as prescribed in section 223 of the is relatively low. In contrast, more handling requirements necessary for the AEA. stringent requirements are imposed for various licensees. For example, the graded approach allows certain II. Need for Rule the protection of SGI pertaining to licensees such as power reactors and licensees, whose quantities and forms of Changes in the threat environment certain fuel cycle facilities. material pose a low risk from have revealed the need to protect Some of the requirements imposed by unauthorized information disclosure, to additional types of security information orders that have increased the types of employ the modified-handling held by a broader group of licensees as information to be considered SGI are not procedures introduced in recent orders SGI. Under the current regulations, covered by the current regulations. for Safeguards Information designated some categories of licensees are not Although new SGI requirements could as SGI–M. explicitly included in the categories of continue to be imposed through the The requirements set forth in this licensees subject to the general issuance of orders, the regulations proposed rule are the minimum performance requirements in 10 CFR would not reflect current Commission restrictions the Commission believes to 73.21(a). Similarly, the current SGI policy and/or requirements. Orders be necessary in the current threat regulations do not specify all of the apply only to the licensees named in the environment to protect Safeguards types of information that are now orders, and enforcement orders do not Information against inadvertent release recognized to be significant to the apply prospectively to applicants for or unauthorized disclosure which might public health and safety or the common new licenses such as a rule would. Duke compromise the health and safety of the Energy Corp. (Catawba Nuclear Station, public or the common defense and 1 This order was published in the Federal Units 1 and 2), CLI–04–6, 59 NRC 62 security. The proposed rule covers those Register as ‘‘All Licensees Authorized to (2004) (February 18, 2004). Finally, it facilities and materials the Commission Manufacture or Initially Transfer Items Containing has already determined need to be Radioactive Material for Sale or Distribution and has been Commission policy to codify Who Possess Certain Radioactive Material of requirements in the regulations and not protected against theft or sabotage. The Concern and All Persons Who Obtain Safeguards to rely on orders indefinitely to impose Information Described Herein; Order Issued on requirements that should have generic 3 The NRC staff is in the process of revising the November 25, 2003 Imposing Requirements for the guidance for designation of SGI and has issued a Protection of Certain Safeguards Information application. draft document for comment (Nuclear Regulatory (Effective Immediately),’’ (69 FR 3397 (January 23, Commission Draft Guide for the Designation of 2004). 2 See 69 FR 3397 (January 23, 2004). Safeguards Information, July 2004).
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categories of information constituting reactor applicants or licensees. There is and § 73.23, ‘‘Protection of Safeguards SGI relate to the types of facilities and not a similar statutory authorization to Information-Modified Handling: the quantities of special nuclear require fingerprinting by other Specific Requirements.’’ The purpose of material, source material and byproduct applicants or licensees. these changes would be to reflect that material determined by the Commission The NRC specifically invites comment specific requirements for protecting SGI to be significant and therefore subject to on whether stakeholders would perceive relating to such licensees and materials protection against unauthorized difficulties in complying with these would be moved from § 73.21 to disclosure pursuant to section 147 of the varying requirements. If so, the proposed § 73.22 and § 73.23, of this AEA. Unauthorized release of Commission would welcome chapter, as applicable. Safeguards Information could reduce stakeholder’s suggestions, comments, Conforming changes are also being the deterrence value of systems and and/or proposals which would provide proposed to 10 CFR part 52, ‘‘Early site measures used to protect nuclear a more uniform approach to background permits; standard design certifications; facilities and materials and allow for the checks and trustworthiness and and combined licenses for nuclear possible compromise of those facilities reliability determinations. power plants.’’ Specifically, § 52.47, ‘‘Contents of applications,’’ relating to and materials. Such disclosures could V. Discussion of Proposed Amendments standard design certifications, would be also facilitate advance planning by an by Section adversary intent on committing acts of amended to add as paragraph (c) the theft or sabotage against the facilities Conforming changes to 10 CFR part 2, requirement that an applicant for a and materials within the scope of the ‘‘Rules of practice for domestic licensing standard design certification under part rule. The rule requirements satisfy the proceedings and issuance of orders,’’ 52 shall protect SGI against minimum restrictions provision of would be made to the following sections unauthorized disclosure in accordance section 147.a.(3)(A) of the AEA. Further, to include citation of 10 CFR 73.22 and with the requirements of §§ 73.21 and the Commission has determined, 73.23, in addition to citation of current 73.22 of this chapter, as applicable. A pursuant to section 147.a.(3)(B) of the § 73.21, as applicable appropriate: similar conforming change is being AEA, that the unauthorized disclosure paragraph (f) of § 2.709, ‘‘Discovery proposed for § 52.79, ‘‘Contents of of the information that is the subject of against NRC staff;’’ 4 paragraph (a)(4)(iii) application; technical information,’’ the proposed rule could reasonably be of § 2.1003, ‘‘Availability of material;’’ relating to combined licenses for expected to have a significant adverse and paragraph (b)(6) of § 2.1010, ‘‘Pre- nuclear power facilities. effect on the health and safety of the License application presiding officer.’’ Part 60, ‘‘Disposal of high-level public or the common defense and Conforming changes are also being Radioactive wastes in geologic security by significantly increasing the proposed to 10 CFR part 30, ‘‘Rules of repositories,’’ would be amended to add likelihood of theft, diversion, or general applicability to domestic in § 60.21, ‘‘Content of application,’’ sabotage of nuclear material or a facility. licensing of byproduct material,’’ and 10 new paragraph (d). That paragraph CFR part 40, ‘‘Domestic licensing of would state that the application for a IV. Request for Specific Comment source material.’’ The proposed changes license for a geologic repository The NRC is soliciting specific public would add provisions to the sections of operations area shall protect as SGI comment on the following issue those parts addressing applications for detailed security measures and related associated with the proposed specific licenses and terms and information, in accordance with the rulemaking action: conditions of licenses. In part 30, requirements of § 73.21 and the Differing Requirements for Access to §§ 30.32, ‘‘Application for specific requirements of § 73.22 or § 73.23 of this SGI and SGI–M—sections 73.22(b)(1) licenses’’ and 30.34, ‘‘Terms and chapter, as applicable. A parallel change and 73.23(b)(1) contain differing conditions of licenses,’’ would be would be made to a new paragraph (d) requirements for performing background amended to include citation of §§ 73.21 to § 60.42, ‘‘Conditions of license.’’ checks and making trustworthiness and and 73.23. In part 40, corresponding Part 63, ‘‘Disposal of high-level reliability determinations for granting sections (§§ 40.41 and 40.31) would be radioactive wastes In a geologic personnel access to SGI or SGI–M. amended to include citation of § 73.21 repository at Yucca Mountain, Nevada,’’ Specifically, under § 73.22(b)(1)(i)(A), and the requirements of § 73.22 or would be amended to add new an individual to be authorized access to § 73.23, as applicable. With these paragraph (d) to § 63.21, ‘‘Content of SGI by a nuclear power reactor additions, it should be clear that part 30 application.’’ That section would state applicant or licensee must demonstrate and part 40 licensees and applicants that the applicant for a license to receive trustworthiness and reliability and (subject to 10 CFR part 73), under each and possess source, byproduct, and undergo a Federal Bureau of part would be required to protect special nuclear material at a geologic Investigation criminal history check to categories of documents and repository at Yucca Mountain, Nevada the extent required by § 73.57, which information in accordance with the shall protect the detailed security includes fingerprinting. Individuals to requirements of part 73. measures for the physical protection of be authorized access to SGI by other Conforming changes to 10 CFR part high-level radioactive waste as SGI in applicants or licensees covered by 50, ‘‘Domestic licensing of production accordance with §§ 73.21 and 73.22. A § 73.22 or by a source, byproduct, or and utilization facilities,’’ would add to corresponding change (i.e., adding new special nuclear material applicant or § 50.34, ‘‘Contents of applications; paragraph (e)) would be made to § 63.42, licensee pursuant to § 73.23(b)(1)(i) technical information’’ and § 50.54, ‘‘Conditions of license.’’ must demonstrate trustworthiness and ‘‘Conditions of licenses,’’ citations to Conforming changes are being reliability through a comprehensive § 73.22, ‘‘Protection of Safeguards proposed for 10 CFR part 70, ‘‘Domestic background check or other means Information: Specific Requirements’’ licensing of special nuclear material,’’ approved by the Commission. These subpart D—‘‘License applications.’’ different requirements are based on the 4 In § 2.709(f), which replaces former § 2.744(e), a Specifically, § 70.22, ‘‘Contents of statutory authorization in section 149 of few changes in the language and citations in former applications,’’ and § 70.32 ‘‘Conditions § 2.744(e), not relevant here, were made as part of the AEA for the NRC to require a separate rulemaking amending 10 CFR part 2. of licenses,’’ would be modified to add fingerprinting of individuals to be ‘‘Changes to Adjudicatory Process; Final Rule,’’ 69 citation of proposed § 73.23. These granted access to SGI by nuclear power FR 2182, 2262 (January 14, 2004). modifications are being proposed to be
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consistent with the addition of proposed marking of documents containing disclosure pursuant to section 147 of the § 73.23 containing specific requirements Safeguards Information (SGI) to which AEA. In addition, this definition would for Safeguards Information—Modified the Commission has determined embody the Commission’s authority Handling related to certain quantities of modified protection requirements apply. under section 147 of the AEA to source and byproduct material and Orders to certain materials licensees determine, by order or regulation, that special nuclear material of moderate or contain this new SGI–M designation the unauthorized disclosure of other low strategic significance, except for and the handling requirements for such information could reasonably be those materials covered under § 73.22. information. expected to have an adverse effect on Part 71, ‘‘Packaging and the health and safety of the public or the Section 73.2 Definitions transportation of radioactive material,’’ common defense and security by would be amended to add new § 71.11, This section would be amended to significantly increasing the likelihood of ‘‘Protection of Safeguards Information’’ add definitions of the terms Individual theft, diversion, or sabotage of materials because licensees, certificate holders, or Authorized Access to Safeguards and facilities. The Commission may applicants for a Certificate of Information and Individual Authorized from time to time exercise its authority Compliance for transport of radioactive Access to Safeguards Information- under section 147.a.5 of the AEA to material would be required to protect Modified Handling; Trustworthiness define additional information as SGI. Safeguards Information in accordance and Reliability, and Safeguards Thus, the public and other stakeholders with the applicable amended Information-Modified Handling would, through orders or new requirements in part 73. The proposed Requirements. In addition, the regulations, be given notice of any revision does not address the protection definition of the term Safeguards additional definitions of SGI. of design-related information with Information would be modified. The proposed definition of SGI would respect to transportation packages. The new terms Individual Authorized also delete the words ‘‘licensee’s or Part 72, ‘‘Licensing requirements of Access to Safeguards Information and applicant’s’’ [information]. This change the independent storage of spent Individual Authorized Access to is being proposed to reflect in the nuclear fuel, high-level radioactive Safeguards Information-Modified regulations the Commission’s authority waste, and reactor-related greater than Handling, would be added to under section 147 of the AEA to Class C waste,’’ would also be amended. distinguish such individuals from an determine that other information A new paragraph (f) would be added to ‘‘authorized individual,’’ which is involving the materials described in that § 72.22, ‘‘Contents of application; defined now to apply only to the control provision shall be protected as SGI. This General and financial information,’’ to of and access to special nuclear authority can be exercised if the require that each applicant for a license material, without reference to handling unauthorized disclosure of that under part 72 would be required to of information or documents. information could reasonably be protect SGI against unauthorized The new term, Safeguards expected to have an adverse effect on disclosure in accordance with § 73.21 Information-Modified Handling, would the health and safety of the public or the and the requirements of § 73.22 or be added to reflect the new designation common defense and security by § 73.23, of this chapter, as applicable. In for marking of SGI subject to this significantly increasing the likelihood of § 72.44, ‘‘License conditions,’’ regulation. This marking has been theft, diversion, or sabotage of materials paragraph (h) would include a similar previously established through and facilities regulated by the requirement for each licensee subject to Commission orders. Commission. The proposed change is part 73. Section 72.212 would be The new term, Trustworthiness and also based on the Commission’s very changed to designate paragraph (b)(5)(v) Reliability, would be added to reflect broad authority under section 161.b. of as paragraph (b)(5)(vi) and a new Commission expectations regarding the AEA to regulate the use and paragraph (b)(5)(v) would be added to positive character attributes for access to possession of source, byproduct, and require that each general licensee that SGI and SGI–M handling in addition to special nuclear material in order to receives, transfers, and possesses power an individual’s ‘‘need to know’’ such promote the common defense and reactor spent fuel, power reactor-related information. This expectation is security or to protect health and Greater than Class C (GTCC) waste, and embodied elsewhere in part 73 (§ 73.56, minimize danger to life or property. other radioactive materials associated ‘‘Personnel access authorization Section 73.21 Protection of Safeguards with spent fuel storage shall protect requirements for nuclear power Information: Performance Requirements Safeguards Information against plants.’’) and in 10 CFR 26.10, ‘‘General unauthorized disclosure in accordance performance objectives,’’ for fitness-for- This section would be revised as with the requirements of § 73.21 and the duty. Specifically, § 73.56(b) requires, as follows: a performance objective of a licensee’s requirements of § 73.22 or § 73.23, of Section 73.21(a) General Performance this chapter, as applicable. A new access authorization program, ‘‘high Requirements paragraph (n) would be added to assurance’’ that individuals granted § 72.236, ‘‘Specific requirements for unescorted access to a nuclear power The language in paragraph (a) would spent fuel storage cask approval and plant’s protected and vital areas are be simplified and revised to state at the fabrication,’’ to note that Safeguards trustworthy and reliable. Similarly, outset that any person, including a Information shall be protected against under § 26.10(a), a licensee’s fitness-for- licensee or an applicant, who produces, unauthorized disclosure in accordance duty program must provide reasonable receives or acquires SGI shall ensure with the requirements of § 73.21 and the assurance that covered personnel will that it is protected against unauthorized requirements of § 73.22 or § 73.23 of this perform their tasks in a ‘‘trustworthy disclosure. Although this is not a new chapter, as applicable. and reliable manner.’’ requirement under § 73.21(a), the The definition of ‘‘Safeguards current language and format of that Section 73.1 Purpose and Scope Information’’ would be changed to paragraph does not emphasize this as an Paragraph (b)(7) of this section would reflect that certain categories of be amended to include a reference to information relating to source and 5 In the exercise of this authority, the Commission makes certain determinations and applies the ‘‘Safeguards Information-Modified byproduct material are subject to minimum restrictions necessary to protect SGI, in Handling’’ (SGI–M), the designation for protection as SGI against unauthorized compliance with section 147 of the AEA.
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obligation that extends to any person regulation to be significant. This change and characteristics of the DBT in a level who produces, receives, or acquires SGI. would lessen the need for the of detail greater than that specified in Revised paragraphs § 73.21(a)(1)(i) Commission to issue orders to licensees § 73.1, as well as security-related and (a)(1)(ii) would embody the general for the protection of SGI relating to requirements to be protected against performance requirement in paragraph categories of licensees, information, or unauthorized disclosure such as (a) of current § 73.21 that licensees, materials not currently within the scope protective measures, interim applicants, and persons subject to that of part 73. compensatory measures, and additional section must establish, implement, and Section 73.21(a)(1)(i) and (a)(1)(ii) security measures. These changes are maintain an information protection would also add the word ‘‘implement’’ necessary to codify in the regulations system that includes specified to the requirement in current § 73.21(a) the recent practices of the Commission measures. However, the proposed rule that licensees and persons subject to as reflected in orders and threat presents separate requirements for the this section must establish and maintain advisories issued since September 11, different categories of licensees. an information protection system to 2001. Proposed § 73.22 contains the specific protect against the unauthorized Section 73.21(a)(1), ‘‘Physical requirements for Safeguards Information disclosure of SGI. Protection at Fixed Sites,’’ would be related to power reactors, licensees changed to be consistent with the Section 73.21(b) Commission language in section 147.a.(1), (2), and (3) authorized to possess a formula quantity Authority of strategic special nuclear material, of the AEA to include information transportation of or delivery to a carrier This is a new paragraph that relating to all of the materials there for transportation of a formula quantity recognizes the Commission’s broad specified. As revised, paragraph (a)(1) of of strategic special nuclear material or authority and flexibility under section § 73.21 would not be limited to more than 100 grams of irradiated 147 of the AEA to designate information information concerning the protection reactor fuel, and fuel cycle facilities as SGI or SGI–M and to impose levels of power reactors authorized to operate required to implement security of handling requirements on any person and facilities that possess formula measures. Measures for protecting SGI who produces, receives, or acquires SGI. quantities of strategic special nuclear relating to certain quantities of source In exercising this authority, the material, as is current § 73.21(b)(1). and byproduct material, and special Commission is required to make a Section (a)(1)(i) would be revised to nuclear material of moderate or low finding that the unauthorized disclosure delete the word ‘‘nuclear’’ to be strategic significance are specified in of such information could reasonably be consistent with the terminology in proposed § 73.23.6 expected to have a significant adverse section 147 of the AEA. In addition, the Although the measures for the effect on the health and safety of the words ‘‘All portions of’’ would be added protection of SGI are applicable if the public or the common defense and at the beginning of this category to make information is produced, received, or security by significantly increasing the clear the broader scope of this category acquired, if licensees do not have such likelihood of the theft, diversion, or of information intended to be protected information then the associated sabotage of a facility or source, as SGI. Sections 73.22(a)(1)(iii) and requirements would not apply. For byproduct, and special nuclear material. 73.22(a)(1)(v) embody changes to example, research and test reactors are In addition, the Commission is to current § 73.21(b)(1)(iii) and current not required to implement the power impose the minimum restrictions § 73.21(b)(1)(v). The new § 73.22(a)(ii) reactor Design Basis Threat (DBT),7 and necessary to protect the health and would delete the words ‘‘Details of’’ at therefore, in all likelihood would not safety of the public or the common the beginning of these categories of possess DBT-related information. defense and security. The remaining paragraphs of § 73.21 information to make clear the broader However, should a research and test scope of the information intended to be reactor receive or acquire such will be renumbered into new §§ 73.22 and 73.23, and modified as noted. protected as SGI. information, it would be required to Section 73.22(a)(1)(vi) would be protect the information in accordance Section 73.22 Protection of Safeguards current § 73.21(b)(1)(vi) and would be with applicable measures. Information: Specific Requirements amended to include the phrase Including the references to source, New § 73.22 would be added, ‘‘passwords integral to the physical byproduct, and special nuclear material containing specific requirements for security system’’ because such in these new paragraphs would reflect Safeguards Information related to power passwords constitute the type of the full scope of section 147 of the AEA. reactors, licensees authorized to possess information that should be protected as That section authorizes the Commission a formula quantity of strategic special SGI. to protect against the unauthorized nuclear material, transportation of or Section 73.22(a)(1)(viii), current disclosure of SGI which specifically delivery to a carrier for transportation of § 73.21(b)(1)(viii), and § 73.22(a)(1)(ix), identifies a licensee’s or applicant’s a formula quantity of strategic special current § 73.21(b)(1)(ix), would be detailed procedures or security nuclear material or more than 100 grams revised to add at the beginning of each measures relating to special nuclear of irradiated reactor fuel, and fuel cycle category the words ‘‘All portions of.’’ material, byproduct material, and source facilities required to implement security This change would make it clear that material, in quantities determined by measures. the referenced plans in their entirety the Commission through order or and subparts are intended to be Section 73.22(a) Information To Be designated as SGI. In addition, current 6 The quantities are those determined by the Protected § 73.21(a)(1)(ix) would be changed to Commission through order or regulation to be significant to the public health and safety or the Current § 73.21(b) ‘‘Information To Be recognize the importance of the common defense and security. Protected,’’ would be renumbered as licensee’s overall facility guard training 7 The DBTs, as described in 10 CFR 73.1, provide § 73.22(a) and be revised to add and qualification plan as a ‘‘composite’’ specific adversary characteristics which power specificity to the types of information plan. reactor and Category I fuel cycle facilities need to protect against. The DBTs form the basis for site- and documents that must be protected New § 73.22(a)(1)(x) would reflect a specific defensive strategies as set forth in a site’s as SGI. Such information and combination of current paragraphs physical security plan and contingency plan. documents would include the elements § 73.21(b)(1)(x), § 73.21(b)(1)(xi), and
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§ 73.21(b)(1)(xii). As revised, this transport are included in this category diversion, or sabotage of material or a paragraph would specify the of information. facility (within the scope of § 73.22). enumerated aspects of response forces. Current § 73.21(b)(2)(vi) would be re- The Commission, may from time to Proposed § 73.22(a)(1)(xi) would be numbered as § 73.22(a)(2)(vi) and would time, exercise its authority under added to cover information concerning add the word ‘‘security’’ before the word section 147.a.8 of the AEA to define the size, tactics and capabilities ‘‘emergencies’. additional information as SGI and the required to defend against the DBT or Section 73.22(a)(2)(vii) is new and its public and other stakeholders would information that would disclose purpose would be to encompass have notice as to what these additional elements and characteristics of the DBT information concerning the tactics and definitions of SGI are, through orders or in a greater level of detail than that capabilities required to defend against new regulations, that would specifically specified in § 73.1. attempted radiological sabotage or theft define SGI. Proposed § 73.22(a)(1)(xii) would be and diversion of formula quantities of Section 73.22(b) is based on current added to specify for protection as SGI special nuclear material or related § 73.21(c) through (i), which address engineering and safety analyses, information. access to SGI and specific requirements emergency planning procedures or Section 73.22(a)(2)(viii) would be for protecting it from unauthorized scenarios, and other similar information added to include as information to be disclosure. The Commission is relating to the physical protection of a protected as SGI, engineering or safety proposing to re-structure part 73 to facility or materials if the unauthorized analyses and emergency planning accommodate the separate handling disclosure of such information could procedures or scenarios relating to the requirements for SGI–M, imposed by reasonably be expected to have a protection of a facility or material if the order or regulation on certain significant adverse effect on the health unauthorized disclosure of that byproduct, source, and special nuclear and safety of the public or the common information could reasonably be materials licensees. Proposed § 73.22 defense and security by significantly expected to have a significant adverse would contain the specific requirements increasing the likelihood of theft, effect on the health and safety of the for Safeguards Information related to diversion, or sabotage of such material public or the common defense and power reactors, licensees authorized to or such facility. security by significantly increasing the possess a formula quantity of strategic Proposed § 73.22(a)(1)(xiii) is the likelihood of theft, diversion, or special nuclear material, transportation current § 73.21(b)(1)(xiii). sabotage of such facility or material. of or delivery to a carrier for Section 73.22(a)(3) is based on current transportation of a formula quantity of Section 73.22(a)(2) Physical Protection § 73.21(b)(3), ‘‘Inspections, audits and in Transit strategic special nuclear material or evaluations,’’ and would be broadened more than 100 grams of irradiated The introductory paragraph in current to cover specific requirements for reactor fuel, and fuel cycle facilities § 73.21(b)(2) and § 73.21(b)(2)(i), Safeguards Information related to power required to implement security § 73.21(b)(2)(iii) and § 73.21(b)(2)(iv) are reactors, licensees authorized to possess measures. Corresponding specific renumbered as new introductory a formula quantity of strategic special requirements for SGI–M relating to paragraph § 73.22(a)(2), § 73.22(a)(2)(i), nuclear material, transportation of or certain quantities of source and delivery to a carrier for transportation of § 73.22(a)(2)(iii) and § 73.22(a)(2)(iv). byproduct material, and special nuclear a formula quantity of strategic special The introductory paragraph would be material of low or moderate strategic nuclear material or more than 100 grams changed to reflect the applicability of significance would be set forth in of irradiated reactor fuel, and fuel cycle § 73.22 to the transportation of or proposed § 73.23. delivery to a carrier for transportation of facilities required to implement security Section 73.22(b)(1) would state, as a formula quantity of strategic special measures. Detailed information does current § 73.21(c)(1), the nuclear material or more than 100 grams regarding defects, weaknesses or requirement that no person may have of irradiated reactor fuel. vulnerabilities is generally not released access to SGI unless the person has an Section 73.22(a)(2)(i) would be because identical circumstances may established ‘‘need to know’’ the revised to include the words ‘‘All apply to a licensee or applicant information and fits within described portions of’’ to make it clear that these employing similar security measures. In occupational categories (proposed plans in their entirety and subparts are addition, the types of inspections and § 73.22(b)(1)(i) through (vii)). The new intended to be designated as SGI. reports within the scope of the section § 73.22(b)(1)(i)(A) and (B) add the Current § 73.21(b)(2)(ii) would be re- would not be limited to safeguards requirement that individuals authorized numbered as § 73.22(a)(2)(ii) but would inspections and reports. This language access to SGI by a nuclear power reactor otherwise be unchanged. would recognize that documents licensee and non-power reactor Current § 73.21(b)(2)(iii) would be concerning other types of inspections licensees and applicants, demonstrate renumbered as § 73.22(a)(2)(iii) and could contain SGI. ‘‘trustworthiness and reliability’’ prior Current § 73.21(b)(4), changed to delete the words ‘‘Details of’’ to such access. The Commission has Correspondence, would be renumbered to clarify that the features, devices, and also updated the descriptions in § 73.22(a)(4) and would be otherwise systems in their entirety are a category § 73.21(c)(1)(ii) through (vi) of some of unchanged. of SGI to be protected as such. the occupational groups and added a Current § 73.21(b)(2)(iv) would be Section 73.22(a)(5) would be new and new group, as described below. would reflect the authority of the renumbered as § 73.22(a)(2)(iv) and The description of the occupational Commission under Section 147.a. of the would be otherwise unchanged. category in § 73.22(b)(1)(i), Current § 73.21(b)(2)(v) would be AEA to designate as SGI such other (Commission, U.S. government, or renumbered as § 73.22(a)(2)(v) and information as the Commission may licensee or applicant employee, agent, would delete the words ‘‘radio- determine by order or regulation could or contractor) would change the telephone’’ so as to encompass the more reasonably be expected to have a language in current § 73.21(c)(1)(i) from modern means of communications. This significant adverse effect on the health section would also delete the words and safety of the public or the common 8 In the exercise of this authority, the Commission ‘‘Details regarding’’ to clarify that all defense and security by significantly would make certain determinations and apply the aspects of communications during increasing the likelihood of theft, minimum restrictions necessary to protect SGI.
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‘‘U.S. Government’’ to ‘‘Executive Section 73.22(b)(1)(iii) renumbers Section 73.22(c) Protection While in Branch’’ of the U.S. Government. This current § 73.21(c)(1)(iii) and would be Use or Storage change is necessary because for otherwise unchanged. Section 73.22(c)(1) contains the purposes of access to SGI, members of Section 73.22(b)(1)(iv) is based on identical requirement in current Congress are covered separately in the current § 73.21(c)(1)(iv) but the word § 73.21(d), that while in use, matter occupational category specified in ‘‘representative’’ is being made plural to containing SGI shall be under the proposed § 73.22(b)(1)(i). account for the fact that more than one control of an individual authorized Additionally, new § 73.22(b)(1)(i)(A) representative may be designated under access to SGI. would require that an individual this occupational category. The plural Under certain conditions the general authorized access to SGI by a nuclear form is consistent with similar language control exercised over security zones or power reactor facility applicant or in the descriptions of occupational areas would be considered to meet this licensee must undergo an FBI criminal categories in current § 73.21(c)(1). requirement. Some examples of these history check and must demonstrate Current § 73.21(c)(1)(v) would be re- areas would be: Alarm stations, guard trustworthiness and reliability. Another numbered as paragraph (b)(1)(v) and the posts and guard ready rooms; new paragraph, § 73.22(b)(1)(i)(B) would description of this occupational engineering or drafting areas if visitors be added, mandating that individuals to category would be changed to are escorted and information is not be authorized access to SGI by a non- ‘‘employees’’ (which would include the clearly visible; plant maintenance areas power reactor facility applicant or current term ‘‘member’’) of a state or if access is restricted and information is licensee must also demonstrate local law enforcement authority who are not clearly visible; administrative trustworthiness and reliability. responsible for responding to requests offices (e.g., central records or However, this demonstration would be for assistance during safeguards or purchasing) if visitors are escorted and based on a comprehensive background securities emergencies. information is not clearly visible. The check or other means approved by the Section 73.22(b)(1)(vi) includes as an primary consideration is limiting access Commission in lieu of the FBI criminal occupational category, State Radiation to those who have a ‘‘need to know’’ history check. Control Program Directors and and are authorized to have access. Section 73.22(b)(1)(ii) is based on Homeland Security Advisors or their Section 73.22(c)(2) would be revised to current § 73.21(c)(1)(ii) but would delete designated representatives. This limit access to lock combinations. the phrase ‘‘a duly authorized category corresponds to Section 73.22(d) Preparation and committee of’’ [the Congress]. Under the § 73.23(b)(1)(iii). Marking of Documents or Other Matter Commission’s current regulations in Section 73.22(b)(1)(vii) is current § 73.21(c)(1)(ii), a member of a ‘‘duly § 73.21(c)(1)(vi) and substitutes the Section 73.22(d) would revise current authorized committee of the Congress’’ citation of 10 CFR § 2.709(f) for § 73.21(e) to add in the title ‘‘or other with a ‘‘need to know’’ SGI is given § 2.744(e) because the latter citation is matter,’’ to be consistent with the access to such information. This section outdated. language in the substantive paragraphs of the regulations does not set forth the Section 73.22(b)(2) contains a that follow. In addition, a new provision would be added to require certification meaning of a ‘‘duly authorized statement contained in a recent that a document or other matter committee.’’ If narrowly interpreted, Commission order 9 that finds that contains SGI and the certification must this occupational category might only individuals in the occupational set forth the name and title of the apply to members of Congress who categories described in § 73.22(b)(1)(ii) certifying official and the certification serve on NRC oversight committees. The through § 73.22(b)(1)(vii) 10 are date. Also, portion marking would be deletion in the proposed rule of the considered to be trustworthy and required for correspondence to NRC. phrase ‘‘a duly authorized committee’’ reliable by virtue of their occupational Such marking would have to be [of the Congress] would mean that the status. For non-governmental sufficient to allow the recipient to authorization would extend to all individuals described in § 73.22(b)(1)(i), identify and distinguish those sections members of Congress (with a ‘‘need to a determination of trustworthiness and of the document or other matter know’’ SGI). This change would be reliability is required prior to granting containing the protected information made because many members of access to SGI. Discretion must be from the information that is otherwise Congress are not on NRC oversight exercised in granting access to these unprotected. committees, yet they may need access to individuals. If there is any indication SGI because of the presence of nuclear that the recipient would be unwilling or Section 73.22(e) Reproduction of facilities or materials in their states or unable to provide proper protection for Matter Containing Safeguards districts. As amended, the language the SGI, they are not authorized to Information would not alter the Commission’s receive SGI–M. Section 73.21(f) is renumbered to current practices in responding to become § 73.22(e) and the text is revised requests from members of Congress for 9 e.g., ‘‘All Licensees Authorized to Manufacture to include direction for the use of digital access to SGI. or Initially Transfer Items Containing Radioactive copiers and to delete language regarding In addition, the authorization in Material for Sale or Distribution and Possess Certain Radioactive Material of Concern and All Other destruction of SGI, which has been current § 73.21(c)(1)(ii) does not extend Persons Who Obtain Safeguards Information; Order relocated to § 73.22(i). to congressional staff. The Commission Imposing Requirements for the Protection of Certain is not proposing to extend the Safeguards Information (Effective Immediately) (69 Section 73.22(f) External Transmission authorization to congressional staff. On FR 3397, 3399; January 23, 2004). of Documents and Material 10 Individuals (or in some cases, their designated a case-by-case basis, with explicit representatives) in the following occupational Section 73.22(f)(1) would amend authorization from the appropriate NRC groups are included: State Governors, § 73.21(g)(1) to set forth detailed office, the NRC staff could share SGI representatives of the IAEA, employees of state or requirements for packaging SGI when with a Congressional staff member with local law enforcement, State Radiation Control transmitted outside an authorized place Program Directors and State Homeland Security a ‘‘need to know’’ SGI and who Advisors, and individuals to whom disclosure is of use or storage. These prescriptive otherwise meets the requirements for ordered pursuant to 10 CFR 2.709(f). (69 FR 3399; requirements are consistent with the access to such information. January 23, 2004). current practices of nuclear power
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reactor licensees and the Commission Commission’s orders and threat diversion, or sabotage of material or a now deems it necessary to require them advisories issued to certain byproduct facility (within the scope of § 73.22). to adequately protect SGI or SGI-M materials licensees. The Commission, may from time to when such information is transmitted time, exercise its authority under Section 73.23(a) Information To Be section 147.a.11 externally. Protected of the AEA to define Section 73.22(f)(2) would amend additional information as SGI and the § 73.21(g)(2) to conform to other changes Section 73.23(a) sets forth the public and other stakeholders would made by this rulemaking. information to be protected in have notice as to what these additional Section 73.22(f)(3) would add accordance with the handling definitions of SGI are, through orders or language to current § 73.21(g)(3) to requirements specified in § 73.23(c) new regulations, that would specifically permit transmission of SGI by protected through (i). In general terms, define SGI. telecommunication circuits (including information deemed SGI–M is Section 73.23(b)(1) addresses facsimile) or encryption (Federal information the disclosure of which conditions for access to SGI–M. Information Processing Standard). Both could reasonably be expected to have a Authorization for access to SGI–M by of these means of transmission must be significant adverse effect on the health licensee employees, agents, or approved by the appropriate NRC office. and safety of the public or the common contractors must be based on both an defense and security by significantly appropriate ‘‘need to know’’ Section 73.22(g) Processing of SGI on increasing the likelihood of theft, Electronic Systems determination by the licensee, as well as diversion, or sabotage of materials or a determination concerning the This section updates the title and facilities subject to NRC jurisdiction. trustworthiness and reliability of expands the content of current SGI–M is the designation and marking individuals having access to the § 73.21(h), ‘‘Use of automatic data for SGI which is subject to these information. Employees of an processing (ADP) systems,’’ to refer to requirements. The overall measure for organization associated with the the processing of SGI on electronic consideration of SGI–M is the licensee’s company, for example, a systems and to add specific usefulness of the information (security parent company, may be considered as requirements applicable to the computer or otherwise) to an adversary in employees of the licensee for access processing of SGI. planning or attempting a malevolent act; purposes. A recipient of SGI–M should the more specific the information, the be made aware that the information is Section 73.22(h) Removal From more likely that it will be useful to an Safeguards Information Category SGI–M and those having access to it are adversary. subject to the requirements for its Section 73.23(a) states that the Section 73.22(h) revises current protection as well as civil and criminal specific types of information and § 73.21(i) to add further restrictions on sanctions for mishandling the documents to be protected as SGI–M decontrolling SGI. One proposed change information. include security-related requirements concerns the degree of care that must be Section 73.23(b)(1)(ii) through (vi) that must be protected from exercised in removing information from describes occupational groups who are unauthorized disclosure such as the SGI category. The other new deemed to be trustworthy and reliable protective measures, interim requirement would specify that the by virtue of their employment status. compensatory measures, and additional authority to determine that a document For non-governmental individuals in safety features. Sections 73.23(a)(1) may be decontrolled shall be exercised § 73.23(b)(1)(i) and (vii), a determination through (a)(4) enumerate and describe only by the NRC or with NRC approval, of trustworthiness and reliability is or in consultation with the individual or the specific categories of SGI–M to be protected. These categories of required. Discretion must be exercised organization that made the original in granting access to these individuals. determination, if possible. Removal information are based on those proposed in § 73.22(a)(1) through (a)(5), If there is any indication that the from the SGI-M category is addressed in recipient would be unwilling or unable § 73.23(h). as applicable, which in turn update the types of information specified in current to provide proper protection of the SGI– Section 73.22(i) Destruction of Matter § 73.21(b)(1) through (b)(4). In reference M, they are not authorized to receive Containing SGI to proposed § 73.23(a)(3)(i), regarding SGI–M. Section 73.23(b)(1)(ii) is identical to Section 73.22(i) contains revised portions of certain inspection reports, the current § 73.21(c)(1)(ii), except the language from current § 73.21(f) to be evaluations, audits, or investigations, phrase ‘‘a duly authorized committee consistent with the policies set forth in detailed information regarding defects, of’’ [the Congress] would be deleted. the orders regarding the destruction of weaknesses or vulnerabilities is Under the Commission’s current documents. generally not released because identical New Section 73.23 Protection of circumstances may apply to licensees or regulations in § 73.21(c)(1)(ii), a member Safeguards Information-Modified applicants employing similar security of a ‘‘duly authorized committee of the Handling: Specific Requirements. measures. Section 73.23(a)(4) references Congress’’ with a ‘‘need to know’’ SGI This is a new section which would set correspondence as it pertains to this is given access to such information. This forth the specific requirements for section. section of the regulations does not set Safeguards Information—Modified Section 73.23(a)(5) would be new and forth the meaning of a ‘‘duly authorized Handling related to certain quantities of would reflect the authority of the committee.’’ The deletion in the source and byproduct material and Commission under section 147a of the proposed rule of the phrase ‘‘a duly special nuclear material of moderate or AEA to designate as SGI such other authorized committee’’ [of the Congress] low strategic significance, except for information as the Commission may would mean that the authorization those materials covered under section determine by order or regulation could would extend to all members of 73.22. The term ‘‘SGI–M’’ would be reasonably be expected to have a Congress (with a ‘‘need to know’’ SGI– used as the distinguishing marking for significant adverse effect on the health 11 In the exercise of this authority, the SGI relating to certain source, and safety of the public or the common Commission would make certain determinations byproduct, and special nuclear material defense and security by significantly and apply the minimum restrictions necessary to licensees. Section 73.23 is based on the increasing the likelihood of theft, protect SGI.
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M). This change would be made because maintenance areas, or administrative to protect the material against many members of Congress are not on offices (e.g., central records or unauthorized disclosure. Individuals NRC oversight committees, yet may purchasing) if visitors are escorted and transporting SGI–M should retain the need access to SGI–M because nuclear information is not clearly visible in documents in their personal possession facilities or materials are located in their these areas. Under certain conditions, at all times or ensure that the states or districts. As amended, the the general control exercised over information is appropriately wrapped language would not alter the occupied security zones or areas would and also secured to preclude Commission’s current practices in be considered to meet this requirement. compromise by an unauthorized responding to requests from members of SGI–M, therefore, within alarm stations individual. SGI–M may be transported Congress for access to SGI. or within continuously manned guard by any commercial delivery company In addition, the authorization in posts or ready rooms need not be locked that provides nationwide overnight current § 73.21(c)(1)(ii) does not extend in file drawers or storage containers. service with computer tracking features, to Congressional staff. The Commission The primary consideration is limiting U.S. first class, registered, express, or is not proposing to extend the access to those who have a ‘‘need to certified mail, or by any individual authorization to Congressional staff. On know’’ and are otherwise authorized to authorized access pursuant to the a case-by-case basis, with explicit have access. requirements in § 73.23(b). authorization from the appropriate NRC Section 73.23(d) sets forth Section 73.23(g) describes the office, the NRC staff could share SGI–M requirements for the preparation and requirements for processing SGI–M on with a Congressional staff member with marking of documents designated as electronic systems. The basic objective a ‘‘need to know’’ SGI and who SGI–M. Although the NRC defines what of the restrictions is to prevent access otherwise meets the requirements for specific byproduct material information and retrieval of stored SGI–M by access to such information. constitutes SGI–M, originators of unauthorized individuals, particularly Section 73.23(b)(1)(iii) corresponds to documents are responsible for from remote terminals. Specific files § 73.22(b)(1)(iii), which includes the designating those documents that containing SGI–M will be password Governor of a state or designated contain such information. All protected to preclude access by an representatives as an occupational documents containing SGI–M in use or unauthorized individual. category presumed to be trustworthy storage shall be marked in accordance Removal from the SGI–M category is and reliable for access to SGI. with the requirements of § 73.23(d). As Section 73.23(b)(1)(iv) is based on addressed in § 73.23(h), which contains stated in current § 73.21(a) and by requirements which are identical to § 73.21(c)(1)(iv) and the only change is 12 order, since information protection those in § 73.22(h) for the removal from to make ‘‘representative’’ plural because procedures employed by State and local that would be consistent with language the SGI category. Thus, these police forces are deemed to meet NRC requirements would specify when for other occupational categories in requirements, documents in the which the plural form is used. information is to be removed from the possession of these agencies need not be SGI–M category, the degree of care to be Section 73.23(b)(1)(v) corresponds to marked as set forth in this paragraph. proposed § 73.22(b)(1)(v), in which the exercised in decontrolling a document, Section 73.23(e) contains and the authority to determine that a description of this occupational requirements governing the category would be changed to document may be decontrolled. reproduction of matter containing SGI– Section 73.23(i) contains detailed ‘‘employees’’ (which would include the M. Newer digital copiers which scan current term ‘‘member’’) of a state or requirements for destruction of matter and retain images of documents containing SGI–M. These requirements local law enforcement authority who are represent a security concern. If the responsible for responding to requests cover methods to destroy documents copier is retaining SGI–M information containing SGI–M and set forth for assistance during safeguards or in memory, the copier cannot be securities emergencies. characteristics of a document which connected to a network. It should be would be considered completely Section 73.23(b)(1)(vi) is the same placed in a location that is cleared and occupational category of individuals in destroyed. controlled for the authorized processing Section 73.57 contains requirements § 73.22(b)(1)(vi). Because homeland of SGI–M information. Different copiers security advisors is the correct title of for criminal history checks of have different capabilities, including individuals granted unescorted access to the individuals to be included in this some which come with features that occupational category, that title is a nuclear power facility or access to allow the memory to be erased. Each Safeguards Information by power contained in proposed rule text. copier would have to be examined from Section 73.23(b)(1)(vii) corresponds to reactor licensees. a physical security perspective. proposed § 73.22(c)(1)(vi), which is Section 73.23(f) concerns the external Section 73.57(b)(2)(i) has been revised based on current § 73.21(c)(1)(vi). As transmission of documents and to include reference to § 73.22. proposed, this paragraph substitutes the material. Paragraph (f)(1) addresses the The language in § 73.57(b)(2)(ii), citation of 10 CFR 2.709(f) for § 2.744(e) transmittal of Safeguards Information containing an exception to the because the latter citation is outdated. outside an authorized place of use and fingerprinting requirement for the The subject of § 73.23(c) is protection storage, requiring two sealed envelopes occupational categories of members of of SGI–M while in use or storage. While or wrappers and marking of the Congress and Governors of States, in use, SGI–M shall be under the control envelopes or wrappers. Within a would be revised to be consistent with of an individual authorized access to facility, SGI–M may be transmitted the proposed language in Safeguards Information Modified using a single opaque envelope. It may § 73.22(b)(1)(ii) and (iii) describing these Handling. This requirement is satisfied also be transmitted within a facility same occupational categories. if the SGI–M is attended by an without single or double wrapping, authorized individual in certain Section 76.113 Formula Quantities of provided adequate measures are taken locations even though the information is Strategic Special Nuclear Material— Category 1 in fact not constantly being used. 12 See, for example, the Order cited earlier as Examples of such locations include: published in the Federal Register on January 23, The language of paragraph (c) would Engineering or drafting areas, plant 2004 (69 FR 3398). be changed to include a citation to new
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§ 73.22, Protection of Safeguards source, and byproduct material as the of this environmental assessment is that Information: Specific Requirements. Commission determines to be there will be no significant significant to the public health and environmental impacts from this action. Section 76.115 Special Nuclear safety or the common defense and However, the general public should note Material of Moderate Strategic security. In response to this concern, the that the NRC is seeking public Significance—Category II Commission notes that it needs such participation. Comments on any aspect The language of this section would be broad authority to adequately protect of the environmental assessment may be changed to add a new paragraph (d) to SGI and section 147 of the AEA submitted to the NRC as indicated state that the requirements for the provides such authority to the under the ADDRESSES heading. protection of Safeguards Information Commission. The NRC has sent a copy of the pertaining to special nuclear material of environmental assessment and proposed VIII. Plain Language moderate strategic significance rule to every State Liaison Officer and (Category II) are contained in §§ 73.21 The Presidential Memorandum dated requested comments on the and 73.22. June 1, 1998, entitled ‘‘Plain Language environmental assessment. in Government Writing,’’ directed that Section 76.117 Special Nuclear the Government’s writing be in plain XI. Paperwork Reduction Act Material of Low Strategic Significance— language. This memorandum was Statement Category III published June 10, 1998 (63 FR 31883). This proposed rule amends The language of this section would be The NRC requests comments on this information collection requirements that changed to add a new paragraph (c) to proposed rule specifically with respect are subject to the Paperwork Reduction state that the requirements for the to the clarity and effectiveness of the Act of 1995 (44 U.S.C. 3501 et seq.). protection of Safeguards Information language used. Comments should be This rule has been submitted to the pertaining to special nuclear material of sent to the address listed under the Office of Management and Budget for low strategic significance (Category III) heading ADDRESSES above. review and approval of the information are contained in §§ 73.21 and 73.22. IX. Voluntary Consensus Standards collection requirements. Type of Submission, New or Revision: Section 150.15 Persons Not Exempt The National Technology Transfer Act Revision. A change is also being proposed to of 1995 (Pub. L. 104–113) requires that The Title of the Information part 150, ‘‘Exemptions and Continued Federal agencies use technical standards Collection: 10 CFR 73, ‘‘Protection of Regulatory Authority in Agreement that are developed or adopted by Safeguards Information.’’ States and In Offshore Waters Under voluntary consensus standards bodies The Form Number if Applicable: Not Section 274.’’ Paragraph (a)(9) would be unless the use of such a standard is applicable. added to § 150.15, ‘‘Persons not inconsistent with applicable law or How often the collection is required: exempt,’’ to include the protection of otherwise impractical. In this proposed Licensees must mark and protect from SGI in the list of activities by persons in rule, the NRC is using the following unauthorized disclosure documents Agreement States that are not exempt Government-unique standard: National containing Safeguards Information or from the Commission’s licensing and Institute of Standards and Technology, Safeguards Information designated for regulatory requirements. Federal Information Processing modified handling, on a continuous Standard [FIPS] PUB–140–2, ‘‘Security basis. VI. Criminal Penalties Requirements for Cryptographic Who Will be Required or Asked to For the purpose of section 223 of the Modules,’’ May 25, 2001. The NRC has Report: Power reactor licensees and Atomic Energy Act (AEA), the determined that using this Government- applicants, research and test reactor Commission is proposing to amend 10 unique standard is justified because no licensees and applicants, certificate CFR parts 2, 30, 40, 50, 52, 60, 63, 70, voluntary consensus standard has been holders and applicants, fuel cycle 71, 72, 73, 76, and 150 under one or identified that could be used instead. In facility licensees and applicants, and more of sections 147 161b, 161i, or 161o addition, this Government-unique certain other byproduct, source, and of the AEA. Willful violations of the standard was developed using the same special nuclear material licensees and rule would be subject to criminal procedures used to create a voluntary applicants. enforcement. consensus standard. An Estimate of the Number of Annual Responses: None. VII. Agreement State Issues X. Finding of No Significant Impact: The Estimated Number of Annual The proposed changes to parts 2, 30, Environmental Assessment Respondents: 646 recordkeepers. 40, 50, 52, 60, 63, 70, 71, 72, 73, 76, and The Commission has determined An Estimate of the Total Number of 150 are considered to be Category NRC under the National Environmental Hours Needed Annually to Complete the compatibility and therefore are areas of Policy Act of 1969, as amended, and the Requirement or Request: 5,926 (an exclusive NRC authority. However, the Commission’s regulations in subpart A average of 9 hours per recordkeeper). proposed rule has been provided to the of 10 CFR part 51, that this rule, if Abstract: The NRC is amending its Agreement States for their review and adopted, would not be a major Federal regulations for the protection of comment prior to publication of draft action significantly affecting the quality Safeguards Information to protect it rule text on the NRC Web site and the of the human environment and, from inadvertent release and publication of the proposed rule in the therefore, an environmental impact unauthorized disclosure which might Federal Register. The Agreement States statement is not required. The basis for compromise the security of nuclear of Illinois and Washington commented this determination is that the proposed facilities and materials. The proposed on the proposed rule. Both states rule relates to the designation, handling amendments would be consistent with expressed concern about the breadth of and protection of Safeguards Commission practices reflected in rule text reflecting the Commission’s Information and the collection of previously issued Orders and authority to prohibit the unauthorized information on which a determination advisories. The proposed amendments disclosure of SGI relating to such to grant individuals access to this would affect certain licensees, quantities of special nuclear material, information is based. The determination information, and materials not currently
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specified in the regulations but which XII. Regulatory Analysis of this proposed rule on small entities. are within the scope of the The Commission has prepared a draft The NRC requests written comments on Commission’s statutory authority. regulatory analysis on this proposed the analysis. Send comments to the NRC The U.S. Nuclear Regulatory regulation. The analysis examines the as indicated under the ADDRESSES Commission is seeking public comment costs and benefits of the alternatives heading. on the potential impact of the considered by the Commission. The XIV. Backfit Analysis information collections contained in regulatory analysis is available for The Commission has concluded, on this proposed rule and on the following inspection in the NRC Public Document issues: the basis of the documented evaluation Room, 11555 Rockville Pike, Rockville, in the draft regulatory analysis, that the 1. Is the proposed information MD 20852. Single copies of the analysis majority of the requirements in the collection necessary for the proper may be obtained from the Office of the proposed rule are not backfits as defined performance of the functions of the General Counsel, U.S. Nuclear in 10 CFR 50.109(a)(4)(ii), NRC, including whether the information Regulatory Commission, at 301–415– 70.76(a)(4)(iii), 72.62, and 76.76(a)(4)(ii). will have practical utility? 1633 or by e-mail at [email protected]. The The Commission has also concluded 2. Is the estimate of burden accurate? Commission requests public comment that the requirements in the rule that 3. Is there a way to enhance the on the draft regulatory analysis. constitute backfits are necessary to quality, utility, and clarity of the Comments on the draft analysis may be insure that the facilities and materials information to be collected? submitted to the NRC as indicated described in the proposed rule provide 4. How can the burden of the under the ADDRESSES heading. adequate protection to the public health information collection be minimized, XIII. Regulatory Flexibility Analysis and safety and are in accord with the including the use of automated common defense and security, as The NRC is seeking public comment collection techniques? applicable. Therefore, a backfit analysis on the potential impact of the proposed is not required and the cost-benefit A copy of the OMB clearance package rule on small entities. The NRC may be viewed free of charge at the NRC standards of 10 CFR 50.109(a)(3), 70.76, particularly desires comment from small 72.62, and 76.76, do not apply. The Public Document Room, One White entities (i.e., small businesses, small Flint North, 11555 Rockville Pike, Room documented evaluation in the draft organizations, and small jurisdictions Regulatory Analysis includes a O–1 F21, Rockville, MD 20852. The under the Regulatory Flexibility Act) as OMB clearance package and rule are statement of the objectives of and the to how the proposed regulations will reasons for the backfits that would be available at the NRC worldwide Web affect them and how the regulations site: http://www.nrc.gov/public-involve/ required by the proposed rule and sets may be tiered or otherwise modified to forth the Commission’s conclusion that doc-comment/omb/index.html for 60 impose less stringent requirements on these backfits are not subject to the cost- days after the signature date of this small entities while still adequately benefit standards of 10 CFR 50.109(a)(3), notice and are also available at the protecting the public health and safety 70.76, 72.62, and 76.76. RuleForum site, http:// or the common defense and security. ruleforum.llnl.gov. Those small entities that offer comments List of Subjects Send comments on any aspect of on how the proposed regulations could 10 CFR Part 2 these proposed information collections, be modified to take into account the Administrative practice and including suggestions for reducing the differing needs of small entities should procedure, Antitrust, Byproduct burden and on the above issues, by specifically discuss— material, Classified information, March 14, 2005 to the Records and (a) The licensee’s size and how the Environmental protection, Nuclear FOIA/Privacy Services Branch (T–5 proposed regulations would result in a materials, Nuclear power plants and F52), U.S. Nuclear Regulatory significant economic burden upon the reactors, Penalties, Sex discrimination, Commission, Washington, DC 20555– licensee as compared to a larger Source material, Special nuclear 0001, or by Internet electronic mail to licensee; [email protected] and to the Desk (b) How the proposed regulations material, Waste treatment and disposal. Officer, John A. Asalone, Office of could be modified to take into account 10 CFR Part 30 Information and Regulatory Affairs, the licensee’s differing needs or Byproduct material, Criminal NEOB–10202, (3150–0002), Office of capabilities; penalties, Government contracts, Management and Budget, Washington, (c) The benefits that would accrue, or Intergovernmental relations, Isotopes, DC 20503. Comments received after this the detriments that would be avoided, if Nuclear materials, Radiation protection, date will be considered if it is practical the proposed regulations were modified Reporting and recordkeeping to do so, but assurance of consideration as suggested by the licensee; requirements. cannot be given to comments received (d) How the proposed regulations, as after this date. You may also e-mail modified, would more closely equalize 10 CFR Part 40 comments to the impact of NRC regulations or create Criminal penalties, Government _ _ John A. [email protected] or more equal access to the benefits of contracts, Hazardous materials comment by telephone at (202) 395– Federal programs as opposed to transportation, Nuclear materials, 4650. providing some special advantages to Reporting and recordkeeping Public Protection Notification any particular individual or group; requirements, Source material, (e) How the proposed regulation, as Uranium. The NRC may not conduct or sponsor, modified, would still adequately protect and a person is not required to respond public health and safety or the common 10 CFR Part 50 to, a request for information or an defense and security. Antitrust, Classified information, information collection requirement Send comments to the NRC as Criminal penalties, Fire protection, unless the requesting document indicated under the ADDRESSES heading. Intergovernmental relations, Nuclear displays a currently valid OMB control The Commission is preparing an power plants and reactors, Radiation number. initial regulatory analysis of the impact protection, Reactor siting criteria,
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Reporting and recordkeeping measures, Special nuclear material, under sec. 189, 68 Stat. 955 (42 U.S.C. 2239). requirements. Uranium enrichment by gaseous Subpart M also issued under sec. 184 (42 diffusion. U.S.C. 2234) and sec. 189, 68 stat. 955 (42 10 CFR Part 52 U.S.C. 2239). Appendix A also issued under Administrative practice and 10 CFR Part 150 sec. 6, Pub. L. 91–560, 84 Stat. 1473 (42 U.S.C. 2135). procedure, Antitrust, Backfitting, Criminal penalties, Hazardous Combined license, Early site permit, materials transportation, 2. Paragraph (f) of § 2.709 is amended Emergency planning, Fees, Inspection, Intergovernmental relations, Nuclear to read as follows: Limited work authorization, Nuclear materials, Reporting and recordkeeping power plants and reactors, Probabilistic requirements, Security measures, § 2.709 Discovery against NRC staff. risk assessment, Prototype, Reactor Source material, Special nuclear * * * * * siting criteria, Redress of site, Reporting material. (f) In the case of requested documents and recordkeeping requirements, For the reasons set out in the and records (including Safeguards Standard design, Standard design preamble and under the authority of the Information referred to in sections 147 certification. Atomic Energy Act of 1954, as amended; and 181 of the Atomic Energy Act, as 10 CFR Part 60 the Energy Reorganization Act of 1974, amended) exempt from disclosure under as amended; and 5 U.S.C. 553, the NRC § 2.390, but whose disclosure is found Criminal penalties, High-level waste, is proposing to adopt the following by the presiding officer to be necessary Nuclear materials, Nuclear power plants amendments to 10 CFR Parts 2, 30, 40, to a proper decision in the proceeding, and reactors, Reporting and 50, 52, 60, 63, 70, 71, 72, 73, 76 and 150. any order to the Executive Director for recordkeeping requirements, Waste Operations or a delegate of the treatment and disposal. PART 2—RULES OF PRACTICE FOR Executive Director for Operations, to DOMESTIC LICENSING PROCEEDINGS 10 CFR Part 63 produce the document or records (or AND ISSUANCE OF ORDERS any other order issued ordering Criminal penalties, High-level waste, production of the document or records) Nuclear power plants and reactors, 1. The authority citation for part 2 continues to read as follows: may contain any protective terms and Reporting and recordkeeping conditions (including affidavits of non- requirements, Waste treatment and Authority: Secs. 161, 181, 68 Stat. 948, disclosure) as may be necessary and disposal. 953, as amended (42 U.S.C. 2201, 2231); sec. appropriate to limit the disclosure to 191, as amended, Pub. L. 87–615, 76 Stat. 409 10 CFR Part 70 (42 U.S.C. 2241); sec. 201, 88 Stat. 1242, as parties in the proceeding, to interested amended (42 U.S.C. 5841); 5 U.S.C. 552; sec. States and other governmental entities Criminal penalties, Hazardous participating under § 2.315(c), and to materials transportation, Material 1704, 112 Stat. 2750 (44 U.S.C. 3504 note). Section 2.101 also issued under secs. 53, 62, their qualified witnesses and counsel. control and accounting, Nuclear 63, 81, 103, 104, 105, 68 Stat. 930, 932, 933, When Safeguards Information protected materials, Packaging and containers, 935, 936, 937, 938, as amended (42 U.S.C. from disclosure under section 147 of the Radiation protection, Reporting and 2073, 2092, 2093, 2111, 2133, 2134, 2135); Atomic Energy Act, as amended, is recordkeeping requirements, Scientific sec. 114(f), Pub. L. 97—425, 96 Stat. 2213, as received and possessed by a party other equipment, Security measures, Special amended (42 U.S.C. 10143(f)), sec. 102, Pub. than the Commission staff, it must also nuclear material. L. 91—190, 83 Stat. 853, as amended (42 U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 be protected according to the 10 CFR Part 71 U.S.C. 5871). Sections 2.102, 2.103, 2.104, requirements of § 73.21 and the requirements of § 73.22 or § 73.23 of this Criminal penalties, Hazardous 2.105, 2.721 also issued under secs. 102, 103, chapter, as applicable. The presiding materials transportation, Nuclear 104, 105, 183i, 189, 68 Stat. 936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133, officer may also prescribe additional materials, Packaging and containers, 2134, 2135, 2233, 2239). Sections 2.105 also procedures to effectively safeguard and Reporting and recordkeeping issued under Pub. L. 97–415, 96 Stat. 2073 prevent disclosure of Safeguards requirements. (42 U.S.C. 2239). Sections 2.200—2.206 also Information to unauthorized persons 10 CFR Part 72 issued under secs. 161 b, i, o, 182, 186, 234, with minimum impairment of the 68 Stat. 948–951, 955, 83 Stat. 444, as Administrative practice and amended (42 U.S.C. 2201 (b), (i), (o), 2236, procedural rights which would be procedure, Criminal penalties, 2282); sec. 206, 88 Stat 1246 (42 U.S.C. 5846). available if Safeguards Information were Manpower training programs, Nuclear Section 2.205(j) also issued under Pub. L. not involved. In addition to any other materials, Occupational safety and 101–410, 104 Stat. 90, as amended by section sanction that may be imposed by the health, Penalties, Radiation protection, 3100(s), Pub. L. 104–134, 110 Stat. 1321–373 presiding officer for violation of an (28 U.S.C. 2461 note). Sections 2.600–2.606 Reporting and recordkeeping order issued pursuant to this paragraph, also issued under sec. 102, Pub. L. 91–190, violation of an order pertaining to the requirements, Security measures, Spent 83 Stat. 853, as amended (42 U.S.C. 4332). fuel, Whistleblowing. disclosure of Safeguards Information Sections 2.700a, 2.719 also issued under 5 protected from disclosure under section 10 CFR Part 73 U.S.C. 554. Sections 2.754, 2.760, 2.770, 2.780 also issued under 5 U.S.C. 557. Section 147 of the Atomic Energy Act, as Criminal penalties, Export, Hazardous 2.764 also issued under secs. 135, 141, Pub. amended, may be subject to a civil materials transportation, Import, L. 97—425, 96 Stat. 2232, 2241 (42 U.S.C. penalty imposed under § 2.205. For the Nuclear materials, Nuclear power plants 10155, 10161). Section 2.790 also issued purpose of imposing the criminal and reactors, Reporting and under sec. 103, 68 Stat. 936, as amended (42 penalties contained in section 223 of the recordkeeping requirements, Security U.S.C. 2133), and 5 U.S.C. 552. Sections Atomic Energy Act, as amended, any 2.800 and 2.808 also issued under 5 U.S.C. measures. order issued pursuant to this paragraph 553. Section 2.809 also issued under 5 U.S.C. with respect to Safeguards Information 10 CFR Part 76 553, and sec. 29, Pub. L. 85–256, 71 Stat. 579, is considered to be an order issued as amended (42 U.S.C. 2039). Subpart K also Certification, Criminal penalties, issued under sec. 189, 68 Stat. 955 (42 U.S.C. under section 161.b. of the Atomic Radiation protection, Reporting and 2239); sec. 134, Pub. L. 97–425, 96 Stat. 2230 Energy Act. recordkeeping requirements, Security (42 U.S.C. 10154). Subpart L also issued * * * * *
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3. In § 2.1003, paragraph (a)(4)(iii) is PART 30—RULES OF GENERAL 2233, 2236, 2282); sec. 274, Pub. L. 86–373, revised to read as follows: APPLICABILITY TO DOMESTIC 73 Stat. 688 (42 U.S.C. 2021); secs. 201, as LICENSING OF BYPRODUCT amended, 202, 206, 88 Stat. 1242, as § 2.1003 Availability of material. amended, 1244, 1246 (42 U.S.C. 5841, 5842, MATERIAL 5846); sec. 275, 92 Stat. 3021, as amended by (a) * * * 5. The authority citation for part 30 Pub. L. 97–415, 96 Stat. 2067 (42 U.S.C. (4) * * * continues to read as follows: 2022); sec. 193, 104 Stat. 2835, as amended by Pub. L. 104–134, 110 Stat. 1321, 1321–349 (iii) Which constitutes Safeguards Authority: Secs. 81, 82, 161, 182, 183, 186, (42 U.S.C. 2243); sec. 1704, 112 Stat. 2750 (44 Information under § 73.21 and the 68 Stat. 935, 948, 953, 954, 955, as amended, U.S.C. 3504 note). Section 40.7 also issued requirements of § 73.22 or § 73.23 of this sec. 234, 83 Stat. 444, as amended (42 U.S.C. under Pub. L. 95–601, sec. 10, 92 Stat. 2951 chapter, as applicable. 2111, 2112, 2201, 2232, 2233, 2236, 2282); (42 U.S.C. 5851). Section 40.31(g) also issued secs. 201, as amended, 202, 206, 88 Stat. under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). * * * * * 1242, as amended, 1244, 1246 (42 U.S.C. Section 40.46 also issued under sec. 184, 68 4. In § 2.1010, paragraph (b)(6) is 5841, 5842, 5846); sec. 1704, 112 Stat. 2750 Stat. 954, as amended (42 U.S.C. 2234). revised to read as follows: (44 U.S.C. 3504 note). Section 30.7 also Section 40.71 also issued under sec. 187, 68 issued under Pub. L. 95–601, sec. 10, 92 Stat. Stat. 955 (42 U.S.C. 2237). § 2.1010 Pre-License application presiding 2951 as amended by Pub. L. 102–486, sec. 9. In § 40.31, paragraph (m) is added officer. 2902, 106 Stat. 3123, (42 U.S.C. 5851). Section 30.34(b) also issued under sec. 184, to read as follows: * * * * * 68 Stat. 954, as amended (42 U.S.C. 2234). § 40.31 Application for specific licenses. (b) * * * Section 30.61 also issued under sec. 187, 68 Stat. 955 (42 U.S.C. 2237). * * * * * (6) Whether the material should be (m) Each applicant for a license for disclosed under a protective order 6. In § 30.32, paragraph (j) is added to source material in quantities determined containing such protective terms and read as follows: by the Commission through order or conditions (including affidavits of § 30.32 Application for specific licenses. regulation to be significant to the public nondisclosure) as may be necessary and health and safety or the common * * * * * appropriate to limit the disclosure to defense and security who prepares a potential participants, interested (j) Each applicant for a license for byproduct material in quantities physical security plan, security governmental participants and parties in procedures for emergencies, or guard the proceeding, or to their qualified determined by the Commission through order or regulation to be significant to qualification and training procedures, witnesses and counsel. When shall protect the plans, procedures, and Safeguards Information, protected from the public health and safety or the common defense and security who other related Safeguards Information disclosure under section 147 of the against unauthorized disclosure in Atomic Energy Act of 1954, as amended, prepares a physical security plan, security procedures for emergencies, or accordance with the requirements in is received and possessed by a potential § 73.21 and the requirements of § 73.22 party, interested governmental guard qualification and training procedures, shall protect the plans, or § 73.23 of this chapter, as applicable. participant, or party, other than the 10. In § 40.41, paragraph (h) is added procedures, and other related Commission staff, it shall also be to read as follows: protected according to the requirements Safeguards Information against of § 73.21 and the requirements in unauthorized disclosure in accordance § 40.41 Terms and conditions of licenses. § 73.22 or § 73.23 of this chapter, as with the requirements in §§ 73.21 and * * * * * applicable. The Pre-License Application 73.23 of this chapter, as applicable. (h) Each licensee subject to the 7. In § 30.34, paragraph (j) is added to Presiding Officer may also prescribe requirements of part 73 of this chapter read as follows: such additional procedures as will shall ensure that physical security effectively safeguard and prevent § 30.34 Terms and conditions of licenses. plans, security procedures for emergencies, guard qualification and disclosure of Safeguards Information to * * * * * unauthorized persons with minimum (j) Each licensee subject to the training procedures and other related impairment of the procedural rights requirements of part 73 of this chapter Safeguards Information are protected which would be available if Safeguards shall ensure that physical security against unauthorized disclosure in Information were not involved. In plans, security procedures for accordance with the requirements in addition to any other sanction that may emergencies, guard qualification and § 73.21 and the requirements of § 73.22 be imposed by the Pre-License training procedures and other related or § 73.23 of this chapter, as applicable. Application Presiding Officer for Safeguards Information are protected PART 50—DOMESTIC LICENSING OF violation of an order pertaining to the against unauthorized disclosure in disclosure of Safeguards Information PRODUCTION AND UTILIZATION accordance with the requirements in FACILITIES protected from disclosure under section §§ 73.21 and 73.23 of this chapter, as 147 of the Atomic Energy Act of 1954, applicable. 11. The authority citation for part 50 as amended, the entity in violation may continues to read as follows: be subject to a civil penalty imposed PART 40—DOMESTIC LICENSING OF Authority: Secs. 102, 103, 104, 105, 161, pursuant to § 2.205. For the purpose of SOURCE MATERIAL 182, 183, 186, 189, 68 Stat. 936, 937, 938, imposing the criminal penalties 948, 953, 954, 955, 956, as amended, sec. contained in section 223 of the Atomic 8. The authority citation for part 40 continues to read as follows: 234, 83 Stat. 444, as amended (42 U.S.C. Energy Act of 1954, as amended, any 2132, 2133, 2134, 2135, 2201, 2232, 2233, order issued pursuant to this paragraph Authority: Secs. 62, 63, 64, 65, 81, 161, 2236, 2239, 2282); secs. 201, as amended, with respect to Safeguards Information 182, 183, 186, 68 Stat. 932, 933, 935, 948, 202, 206, 88 Stat. 1242, as amended, 1244, shall be deemed to be an order issued 953, 954, 955, as amended, secs. 11e(2), 83, 1246 (42 U.S.C. 5841, 5842, 5846); sec. 1704, under section 161b of the Atomic 84, Pub. L. 95–604, 92 Stat. 3033, as 112 Stat. 2750 (44 U.S.C. 3504 note). Section amended, 3039, sec. 234, 83 Stat. 444, as 50.7 also issued under Pub. L. 95–601, sec. Energy Act of 1954, as amended. amended (42 U.S.C. 2014(e)(2), 2092, 2093, 10, 92 Stat. 2951 (42 U.S.C. 5841). Section * * * * * 2094, 2095, 2111, 2113, 2114, 2201, 2232, 50.10 also issued under secs. 101, 185, 68
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Stat. 955, as amended (42 U.S.C. 2131, 2235); issued under secs. 11e(2), 81, 68 Stat. 923, measures for physical protection of sec. 102, Pub. L. 91–190, 83 Stat. 853 (42 935, as amended, secs. 83, 84, 92 Stat. 3033, high-level radioactive waste, including U.S.C. 4332). Sections 50.13, 50.54(dd), and 3039 (42 U.S.C. 2014e(2), 2111, 2113, 2114). the design for physical protection, the 50.103 also issued under sec. 108, 68 Stat. Section 150.14 also issued under sec. 53, 68 safeguards contingency plan, the 939, as amended (42 U.S.C. 2138). Sections Stat. 930, as amended (42 U.S.C. 2073). 50.23, 50.35, 50.55, and 50.56 also issued Section 150.15 also issued under secs. 135, security organization personnel training under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). 141, Pub. L. 97–425, 96 Stat. 2232, 2241 (42 and qualification plan, and other related Sections 50.33a, 50.55a and Appendix Q also U.S.C. 10155, 10161). Section 150.17a also security information. issued under sec. 102, Pub. L. 91–190, 83 issued under sec. 122, 68 Stat. 939 (42 U.S.C. 19. In § 60.42, paragraph (d) is added Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 2152). Section 150.30 also issued under sec. to read as follows: 50.54 also issued under sec. 204, 88 Stat. 234, 83 Stat. 444 (42 U.S.C. 2282). § 60.42 Conditions of license. 1245 (42 U.S.C. 5844). Sections 50.58, 50.91, 15. In § 52.47, paragraph (c) is added and 50.92 also issued under Pub. L. 97–415, * * * * * 96 Stat. 2073 (42 U.S.C. 2239). Section 50.78 to read as follows: (d) The licensee shall ensure that the also issued under sec. 122, 68 Stat. 939 (42 § 52.47 Contents of applications. U.S.C. 2152). Sections 50.80—50.81 also detailed security measures for physical issued under sec. 184, 68 Stat. 954, as * * * * * protection of high-level radioactive amended (42 U.S.C. 2234). Appendix F also (c) Each applicant for a standard waste, including the design for physical issued under sec. 187, 68 Stat. 955 (42 U.S.C. design certification under this part shall protection, the safeguards contingency 2237). protect Safeguards Information against plan, the security organization 12. In § 50.34, paragraph (e) is revised unauthorized disclosure in accordance personnel training and qualification to read as follows: with the requirements in §§ 73.21 and plan and other related security 73.22 of this chapter, as applicable. information is protected against § 50.34 Contents of applications; technical 16. In § 52.79, paragraph (e) is added unauthorized disclosure in accordance information. to read as follows: with the requirements in § 73.21 and the * * * * * requirements of § 73.22 or § 73.23 of this (e) Each applicant for a license to § 52.79 Contents of application; technical information. chapter, as applicable. operate a production or utilization facility, who prepares a physical * * * * * PART 63—DISPOSAL OF HIGH-LEVEL security plan, a safeguards contingency (e) Each applicant for a combined RADIOACTIVE WASTES IN A plan, or a guard qualification and license under this subpart shall protect GEOLOGIC REPOSITORY AT YUCCA training plan, shall protect the plans Safeguards Information against MOUNTAIN, NEVADA and other related Safeguards unauthorized disclosure in accordance Information against unauthorized with the requirements in §§ 73.21 and 20. The authority citation for part 63 disclosure in accordance with the 73.22 of this chapter, as applicable. continues to read as follows: requirements in § 73.21 and the Authority: Secs. 51, 53, 62, 63, 65, 81, 161, PART 60—DISPOSAL OF HIGH-LEVEL requirements in § 73.22 or § 73.23 of this 182, 183, 68 Stat. 929, 930, 932, 933, 935, RADIOACTIVE WASTES IN GEOLOGIC chapter, as applicable. 948, 953, 954, as amended (42 U.S.C. 2071, REPOSITORIES 2073, 2092, 2093, 2095, 2111, 2201, 2232, * * * * * 2233); secs. 202, 206, 88 Stat. 1244, 1246 (42 13. In § 50.54, paragraph (v) is revised 17. The authority citation for part 60 U.S.C. 5842, 5846); secs. 10 and 14, Pub. L. to read as follows: continues to read as follows: 95–601, 92 Stat. 2951 (42 U.S.C. 2021a and 5851); sec. 102, Pub. L. 91–190, 83 Stat. 853 § 50.54 Conditions of licenses. Authority: Secs. 51, 53, 62, 63, 65, 81, 161, 182, 183, 68 Stat. 929, 930, 932, 933, 935, (42 U.S.C. 4332); secs. 114, 121, Pub. L. 97– * * * * * 948, 953, 954, as amended (42 U.S.C. 2071, 425, 96 Stat. 2213g, 2238, as amended (42 (v) Each licensee subject to the 2073, 2092, 2093, 2095, 2111, 2201, 2232, U.S.C. 10134, 10141), and Pub. L. 102–486, requirements of part 73 of this chapter 2233); secs. 202, 206, 88 Stat. 1244, 1246 (42 sec. 2902, 106 Stat. 3123 (42 U.S.C. 5851); shall ensure that physical security, U.S.C. 5842, 5846); secs. 10 and 14, Pub. L. sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 safeguards contingency and guard 95–601, 92 Stat. 2951 (42 U.S.C. 2021a and note). qualification and training plans and 5851); sec. 102, Pub. L. 91–190, 83 Stat. 853 (42 U.S.C. 4332); secs. 114, 121, Pub. L. 97– 21. In § 63.21, paragraph (d) is added other related Safeguards Information are to read as follows: protected against unauthorized 425, 96 Stat. 2213g, 2228, as amended (42 U.S.C. 10134, 10141), and Pub. L. 102–486, § 63.21 Content of application. disclosure in accordance with the sec. 2902, 106 Stat. 3123 (42 U.S.C. 5851); requirements in § 73.21 and the sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 * * * * * requirements in § 73.22 or § 73.23 of this note). (d) The applicant for a license to chapter, as applicable. 18. In § 60.21, paragraph (d) is added receive and possess source, special * * * * * to read as follows: nuclear, and byproduct material at a geologic repository at Yucca Mountain, PART 52—EARLY SITE PERMITS; § 60.21 Content of application. Nevada, shall protect as Safeguards STANDARD DESIGN * * * * * Information in accordance with §§ 73.21 CERTIFICATIONS; AND COMBINED (d) The applicant for a license to and 73.22 of this chapter, the detailed LICENSES FOR NUCLEAR POWER receive and possess source, special security measures for physical PLANTS nuclear, and byproduct material at a protection of high-level radioactive 14. The authority citation for part 52 geologic repository operations area waste, including the design for physical continues to read as follows: sited, constructed, or operated in protection, the safeguards contingency accordance with the Nuclear Waste plan, and security organization Authority: Sec. 161, 68 Stat. 948, as Policy Act of 1982 shall protect as personnel training and qualification amended, sec. 274, 73 Stat. 688 (42 U.S.C. plan and other related Safeguards 2201, 2021); sec. 201, 88 Stat. 1242, as Safeguards Information in accordance amended (42 U.S.C. 5841); sec. 1704, 112 with § 73.21 and the requirements of Information. Stat. 2750 (44 U.S.C. 3504 note). Sections § 73.22 or § 73.23 of this chapter, as 22. In § 63.42, paragraph (e) is added 150.3, 150.15, 150.15a, 150.31, 150.32 also applicable, the detailed security to read as follows:
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§ 63.42 Conditions of license. security plan, safeguards contingency in quantities determined by the * * * * * plan, or guard qualification and training Commission through order or regulation (e) The licensee shall ensure that the plan shall protect these plans and other to be significant to the public health and detailed security measures for physical related security Information against safety or the common defense and protection of high-level radioactive unauthorized disclosure in accordance security, shall protect Safeguards waste, including the design for physical with the requirements in §§ 73.21 and Information against unauthorized protection, the safeguards contingency 73.23 of this chapter. disclosure in accordance with the plan, and security organization 25. In § 70.32, paragraph (j) is revised requirements in § 73.21 and the personnel training and qualification and paragraph (I) is added to read as requirements of § 73.22 or § 73.23 of this plan and other related Safeguards follows: chapter, as applicable. Information is protected against § 70.32 Conditions of licenses. unauthorized disclosure in accordance PART 72—LICENSING with the requirements in §§ 73.21 and * * * * * REQUIREMENTS FOR THE 73.22 of this chapter, as applicable. (j) Each licensee who possesses a INDEPENDENT STORAGE OF SPENT formula quantity of strategic special NUCLEAR FUEL, HIGH-LEVEL PART 70—DOMESTIC LICENSING OF nuclear material, or who transports, or RADIOACTIVE WASTE, AND SPECIAL NUCLEAR MATERIAL delivers to a carrier for transport, a REACTOR-RELATED GREATER THAN formula quantity of strategic special CLASS C WASTE 23. The authority citation for part 70 nuclear material, special nuclear continues to read as follows: material of moderate strategic 28. The authority citation for Part 72 Authority: Secs. 51, 53, 161, 182, 183, 68 significance, or special nuclear material continues to read as follows: Stat. 929, 930, 948, 953, 954, as amended, of low strategic significance, or more Authority: Secs. 51, 53, 57, 62, 63, 65, 69, sec. 234, 83 Stat. 444, as amended, (42 U.S.C. than 100 grams of irradiated reactor fuel 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. 2071, 2073, 2201, 2232, 2233, 2282, 2297f); shall ensure that physical security, 929, 930, 932, 933, 934, 935, 948, 953, 954, secs. 201, as amended, 202, 204, 206, 88 Stat. safeguards contingency, and guard 955, as amended, sec. 234, 83 Stat. 444, as 1242, as amended, 1244, 1245, 1246 (42 amended (42 U.S.C. 2071, 2073, 2077, 2092, U.S.C. 5841, 5842, 5845, 5846). Sec. 193, 104 qualification and training plans and other related Safeguards Information are 2093, 2095, 2099, 2111, 2201, 2232, 2233, Stat. 2835 as amended by Pub.L. 104–134, 2234, 2236, 2237, 2238, 2282); sec. 274, Pub. 110 Stat. 1321, 1321–349 (42 U.S.C. 2243); protected against unauthorized L. 86–373, 73 Stat. 688, as amended (42 sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 disclosure in accordance with the U.S.C. 2021); sec. 201, as amended, 202, 206, note). Sections 70.1(c) and 70.20a(b) also requirements in § 73.21 and the 88 Stat. 1242, as amended, 1244, 1246 (42 issued under secs. 135, 141, Pub. L. 97–425, requirements of § 73.22 or § 73.23 of this U.S.C. 5841, 5842, 5846); Pub. L. 95–601, sec. 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). chapter, as applicable. 10, 92 Stat. 2951 as amended by Pub. L. 102– Section 70.7 also issued under Pub. L. 95– * * * * * 486, sec. 7902, 106 Stat. 3123 (42 U.S.C. 601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). 5851); sec. 102, Pub. L. 91–190, 83 Stat. 853 Section 70.21(g) also issued under sec. 122, (l) Each licensee who possesses, uses, transports, or delivers to a carrier for (42 U.S.C. 4332); secs. 131, 132, 133, 135, 68 Stat. 939 (42 U.S.C. 2152). Section 70.31 137, 141, Pub. L. 97–425, 96 Stat. 2229, 2230, also issued under sec. 57d, Pub. L. 93–377, transport special nuclear material of 2232, 2241, sec. 148, Pub. L. 100–203, 101 88 Stat. 475 (42 U.S.C. 2077). Sections 70.36 moderate or low strategic significance Stat. 1330–235 (42 U.S.C. 10151, 10152, and 70.44 also issued under sec. 184, 68 Stat. and who prepares a physical security 10153, 10155, 10157, 10161, 10168); sec. 954, as amended (42 U.S.C. 2234). Section plan shall protect the plan and other 1704, 112 Stat. 2750 (44 U.S.C. 3504 note). 70.81 also issued under secs. 186, 187, 68 related Safeguards Information against Section 72.44(g) also issued under secs. Stat. 955 (42 U.S.C. 2236, 2237). Section unauthorized disclosure in accordance 142(b) and 148(c), (d), Pub. L. 100–203, 101 70.82 also issued under sec. 108, 68 Stat. 939, Stat. 1330–232, 1330–236 (42 U.S.C. as amended (42 U.S.C. 2138). with the requirements in §§ 73.21 and 73.23 of this chapter. 10162(b), 10168(c), (d)). Section 72.46 also 24. In § 70.22, paragraph (l) is revised issued under sec. 189, 68 Stat. 955 (42 U.S.C. and paragraph (o) is added to read as PART 71—PACKAGING AND 2239); sec. 134, Pub. L. 97–425, 96 Stat. 2230 follows: TRANSPORTATION OF RADIOACTIVE (42 U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), Pub. L. 100–203, MATERIAL § 70.22 Contents of applications. 101 Stat. 1330–235 (42 U.S.C. 10165(g)). * * * * * 26. The authority citation for part 71 Subpart J also issued under secs. 2(2), 2(15), (l) Each applicant for a license to continues to read as follows: 2(19), 117(a), 141(h), Pub. L. 97–425, 96 Stat. 2202, 2203, 2204, 2222, 2224 (42 U.S.C. possess, use, transport, or deliver to a Authority: Secs. 53, 57, 62, 63, 81, 161, 10101, 10137(a), 10161(h)). Subparts K and L carrier for transport formula quantities 182, 183, 68 Stat. 930, 932, 933, 935, 948, are also issued under sec. 133, 98 Stat. 2230 of strategic special nuclear material, or 953, 954, as amended, sec. 1701, 106 Stat. (42 U.S.C. 10153) and sec. 218(a), 96 Stat. more than 100 grams of irradiated 2951, 2952, 2953 (42 U.S.C. 2073, 2077, 2092, 2252 (42 U.S.C. 10198). reactor fuel, who prepares a physical 2093, 2111, 2201, 2232, 2233, 2297f); secs. 29. In § 72.22, paragraph (f) is added security, safeguards contingency, or 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, to read as follows: guard qualification and training plan 5846); sec. 1704, 112 Stat. 2750 (44 U.S.C. shall protect these plans and other 3504 note). Section 71.97 also issued under § 72.22 Contents of application: General related Safeguards Information against sec. 301, Pub. L. 96–295, 94 Stat. 789–790. and financial information. unauthorized disclosure in accordance 27. § 71.11 is added to read as follows: * * * * * with the requirements in § 73.21 and the (f) Each applicant for a license under requirements of § 73.22 or § 73.23 of this § 71.11 Protection of Safeguards this part to receive, transfer, and possess chapter, as applicable. Information. power reactor spent fuel, power reactor- * * * * * Each licensee, certificate holder, or related Greater than Class C (GTCC) (o) Each applicant for a license to applicant for a Certificate of Compliance waste, and other radioactive materials possess, use, transport or deliver to a for a transportation package for associated with spent fuel storage in an carrier for transport special nuclear transport of spent fuel, strategic special independent spent fuel storage material of low or moderate strategic nuclear material, critical mass of special installation (ISFSI) shall protect significance, who prepares a physical nuclear material, or byproduct material Safeguards Information against
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unauthorized disclosure in accordance § 73.1 Purpose and scope. effect on the health and safety of the with the requirements in § 73.21 and the * * * * * public or the common defense and requirements of § 73.22 or § 73.23, as (b) * * * security by significantly increasing the applicable. (7) This part prescribes requirements likelihood of radiological sabotage or 30. In § 72.44, paragraph (h) is added for the protection of Safeguards theft or diversion of source, byproduct, to read as follows: Information (including the designation or special nuclear material. Safeguards Information—Modified § 72.44 License conditions. or marking: Safeguards Information— Modified Handling) in the hands of any Handling is the designation or marking * * * * * person, whether or not a licensee of the applied to Safeguards Information (h) Each licensee subject to the Commission, who produces, receives, or which the Commission has determined requirements of part 73 of this chapter acquires that information. requires handling requirements shall protect Safeguards Information * * * * * modified from those for other against unauthorized disclosure in Safeguards Information. accordance with the requirements of 35. In § 73.2, new definitions Individual Authorized Access to * * * * * § 73.21 and the requirements of § 73.22 Trustworthiness and reliability means or § 73.23, as applicable. Safeguards Information, Individual Authorized Access to Safeguards positive attributes as an indication of an 31. In § 72.212, paragraph (b)(5)(v) is individual’s background and character re-designated as (b)(5)(vi) and a new Information—Modified Handling, Safeguards Information—Modified demonstrating a high level of paragraph (b)(5)(v) is added to read as confidence that the individual can be follows: Handling Requirements and Trustworthiness and reliability, are properly authorized to have access to § 72.212 Conditions of general license added in alphabetical order and the and handle Safeguards Information and issued under § 72.210. definition of Safeguards Information is Safeguards Information—Modified * * * * * revised to read as follows: Handling. (b) * * * * * * * * (5) * * * § 73.2 Definitions. 36. Section 73.21 is revised to read as (v) Each general licensee that receives, * * * * * follows: transfers, and possesses power reactor Individual Authorized Access to § 73.21 Protection of Safeguards spent fuel, power reactor-related Greater Safeguards Information is an individual Information: Performance Requirements. than Class C (GTCC) waste, and other authorized to have access to and handle (a) General performance requirement. radioactive materials associated with such information pursuant to the (1) Each licensee, applicant, or other spent fuel storage shall protect requirements of §§ 73.21 and 73.22 of person who produces, receives, or Safeguards Information against this chapter. acquires Safeguards Information shall unauthorized disclosure in accordance Individual Authorized Access to ensure that it is protected against with the requirements of § 73.21 and the Safeguards Information—Modified unauthorized disclosure. To meet this requirements of § 73.22 or § 73.23 of this Handling Requirements is an individual general performance requirement, such chapter, as applicable. authorized to have access to and handle licensees, applicants, or other persons such information pursuant to the * * * * * subject to this section shall: 32. In § 72.236, paragraph (n) is added requirements of §§ 73.21 and 73.23 of (i) For Safeguards Information related to read as follows: this chapter. to power reactors, licensees authorized § 72.236 Specific requirements for spent * * * * * to possess a formula quantity of strategic fuel storage cask approval and fabrication. Safeguards Information means special nuclear material, transportation information not otherwise classified as * * * * * of or delivery to a carrier for (n) Safeguards Information shall be National Security Information or transportation of a formula quantity of protected against unauthorized Restricted Data which specifically strategic special nuclear material or disclosure in accordance with the identifies detailed control and more than 100 grams of irradiated requirements of § 73.21 and the accounting procedures for special reactor fuel, and fuel cycle facilities requirements of § 73.22 or § 73.23 of this nuclear material in quantities required to implement security chapter, as applicable. determined by the Commission through measures, establish, implement and order or regulation to be significant to maintain an information protection PART 73—PHYSICAL PROTECTION OF the public health and safety or the system that includes the applicable PLANTS AND MATERIALS common defense and security; detailed measures specified in § 73.22. security measures (including security (ii) For Safeguards Information related 33. The authority citation for part 73 plans, procedures, and equipment) for to certain quantities of source and continues to read as follows: the physical protection of source, byproduct material and special nuclear Authority: Secs. 53, 161, 68 Stat. 930, 948, byproduct, or special nuclear material material of moderate or low strategic as amended, sec. 147, 94 Stat. 780 (42 U.S.C. in quantities determined by the significance, establish, implement, and 2073, 2167, 2201); sec. 201, as amended, 204, Commission through order or regulation maintain an information protection 88 Stat. 1242, as amended, 1245, sec. 1701, to be significant to the public health and system that includes the measures 106 Stat. 2951, 2952, 2953 (42 U.S.C. 5841, safety or the common defense and 5844, 2297f); sec. 1704, 112 Stat. 2750 (44 specified in § 73.23. U.S.C. 3504 note). Section 73.1 also issued security; security measures for the (2) Information protection procedures under secs. 135, 141, Pub. L. 97–425, 96 Stat. physical protection and location of employed by State and local police 2232, 2241 (42 U.S.C, 10155, 10161). Section certain plant equipment vital to the forces are deemed to meet the general 73.37(f) also issued under sec. 301, Pub. L. safety of production or utilization performance requirement in 96–295, 94 Stat. 789 (42 U.S.C. 5841 note). facilities; and any other information the § 73.21(a)(i). Section 73.57 is issued under sec. 606, Pub. unauthorized disclosure of which, as (b) Commission Authority. Pursuant L. 99–399, 100 Stat. 876 (42 U.S.C. 2169). determined by the Commission through to section 147 of the Atomic Energy Act 34. In § 73.1, paragraph (b)(7) is order or regulation, could reasonably be of 1954, as amended, (42 U.S.C. 2167), revised to read as follows: expected to have a significant adverse the Commission may impose, by order
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or regulation, Safeguards Information safeguards contingency plans, or plant formula quantities of special nuclear handling requirements different from specific safeguards analyses. material, or related information. those specified in § 73.21(a)(1) and (2) (viii) All portions of the composite (viii) Engineering or safety analyses, on any person who produces, receives, safeguards contingency plan for the emergency planning procedures or or acquires Safeguards Information. facility or site. scenarios related to the protection of the 37. Section 73.22 is added to read as (ix) All portions of the composite transported material if the unauthorized follows: facility guard qualification and training disclosure of such information could plan disclosing features of the physical reasonably be expected to have a § 73.22 Protection of Safeguards security system or response procedures. significant adverse effect on the health Information: Specific Requirements. (x) Information concerning onsite or and safety of the public or the common This section contains specific offsite response forces, including size, defense and security by significantly requirements for the protection of identity, armament, and arrival times of increasing the likelihood of theft, Safeguards Information related to power such forces committed to respond to diversion, or sabotage of such material. reactors, licensees authorized to possess safeguards or security emergencies. (3) Inspections, audits and a formula quantity of strategic special (xi) The elements and characteristics evaluations. Information not otherwise nuclear material, transportation of or of the Design Basis Threat in a level of classified as National Security delivery to a carrier for transportation of detail greater than as specified in § 73.1 Information or Restricted Data a formula quantity of strategic special or other information that would disclose pertaining to inspections and reports nuclear material or more than 100 grams the Design Basis Threat, including the that could affect the specific of irradiated reactor fuel, and fuel cycle tactics and capabilities required to requirements for Safeguards Information facilities. defend against that threat. related to power reactors, licensees (a) Information to be protected. The (xii) Engineering and safety analyses, authorized to possess a formula quantity types of information and documents emergency planning procedures or of strategic special nuclear material, that must be protected as Safeguards scenarios, and other information related transportation of or delivery to a carrier Information include security-related to the physical protection of the facility for transportation of a formula quantity requirements such as protective or materials if the unauthorized of strategic special nuclear material or measures, interim compensatory disclosure of such information could more than 100 grams of irradiated measures, additional security measures, reasonably be expected to have a reactor fuel, and fuel cycle facilities and the following, as applicable: significant adverse effect on the health required to implement security (1) Physical Protection at fixed sites. and safety of the public or the common measures including: Information not otherwise classified as defense and security by significantly (i) Portions of inspection reports, Restricted Data or National Security increasing the likelihood of theft, evaluations, audits, or investigations Information relating to the protection of diversion, or sabotage of material or a that contain details of a licensee’s or power reactors, transportation of or facility. applicant’s physical security system or delivery to a carrier for transportation of (xiii) Information required by the that disclose uncorrected defects, a formula quantity of strategic special Commission pursuant to 10 CFR weaknesses, or vulnerabilities in the nuclear material, spent irradiated fuel in 73.55(c)(8) and (9). system. (2) Physical protection in transit. excess of 100 grams, and licensees (ii) Reports of investigations Information not otherwise classified as authorized to possess a formula quantity containing general information may be Restricted Data or National Security of strategic nuclear material, including: released after the investigation has been Information related to the protection of (i) All portions of the composite completed, unless withheld pursuant to transportation of, or delivery to a carrier physical security plan for the facility or other authorities, e.g., the Freedom of for transportation of a formula quantity site. Information Act (5 U.S.C. 552). (ii) Site specific drawings, diagrams, of strategic special nuclear material or more than 100 grams of irradiated (4) Correspondence. Portions of sketches, or maps that substantially correspondence insofar as they contain represent the final design features of the reactor fuel, including: (i) All portions of the composite Safeguards Information as defined in physical security system. transportation physical security plan. paragraphs (a)(1) through (a)(3) of this (iii) Alarm system layouts showing (ii) Schedules and itineraries for paragraph. the location of intrusion detection specific shipments. (Routes and (5) Other information that the devices, alarm assessment equipment, quantities for shipments of spent fuel Commission determines by order or alarm system wiring, emergency power are not withheld from public disclosure. regulation could reasonably be expected sources, and duress alarms. Schedules for spent fuel shipments may to have a significant adverse effect on (iv) Written physical security orders be released 10 days after the last the health and safety of the public or the and procedures for members of the shipment of a current series.) common defense and security by security organization, duress codes, and (iii) Vehicle immobilization features, significantly increasing the likelihood of patrol schedules. intrusion alarm devices, and theft, diversion, or sabotage of material (v) On-site and off-site communications systems. or a facility. communications systems in regard to (iv) Arrangements with and (b) Conditions for access. (1) Except as their use for security purposes. capabilities of local police response the Commission may otherwise (vi) Lock combinations, mechanical forces, and locations of safe havens. authorize, no person may have access to key design, or passwords integral to the (v) Limitations of communications Safeguards Information unless the physical security system. during transport. person has an established ‘‘need to (vii) Documents and other matter that (vi) Procedures for response to know’’ for the information and is: contain lists or locations of certain safeguards or security emergencies. (i) An employee, agent, or contractor safety-related equipment explicitly (vii) Information concerning the of an applicant, a licensee, the identified in the documents as vital for tactics and capabilities required to Commission, or the Executive Branch of purposes of physical protection, as defend against attempted radiological the United States Government. contained in physical security plans, sabotage, or theft and diversion of However,
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(A) An individual to be authorized of the matter contained and must (4) Documents and other matter access to Safeguards Information by a preclude access by individuals not containing Safeguards Information in nuclear power reactor applicant or authorized access in accordance with the hands of contractors and agents of licensee must demonstrate the provisions of this section. licensees that were produced more than trustworthiness and reliability and Knowledge of lock combinations one year prior to the effective date of undergo a Federal Bureau of protecting Safeguards Information must this amendment need not be marked Investigation criminal history check to be limited to a minimum number of unless they are removed from storage the extent required by 10 CFR 73.57 personnel for operating purposes who containers for use. prior to such access; have a ‘‘need to know’’ and are (5) The marking ‘‘SGI’’ must be used (B) Other individuals to be authorized otherwise authorized access to for Safeguards Information designated access to Safeguards Information by an Safeguards Information in accordance as such for the protection of facilities applicant or licensee covered by this with the provisions of this Part. Access and material covered by 10 CFR 73.22. section must demonstrate to lock combinations must be strictly (e) Reproduction of matter containing trustworthiness and reliability through a controlled so as to prevent disclosure to Safeguards Information. Safeguards comprehensive background check or an unauthorized individual not Information may be reproduced to the other means as approved by the authorized access to Safeguards minimum extent necessary consistent Commission prior to such access; Information. with need without permission of the (ii) A member of Congress; (d) Preparation and marking of originator. If Safeguards Information is (iii) The Governor of a State or documents or other matter. (1) Each reproduced on a digital copier that designated representatives; document or other matter that contains would retain Safeguards Information in (iv) Representatives of the Safeguards Information as described in its memory, then the copier may not be International Atomic Energy Agency § 73.21(a)(1)(i) and this section must be connected to a network. (IAEA) engaged in activities associated marked ‘‘Safeguards Information’’ in a (f) External transmission of with the U.S./IAEA Safeguards conspicuous manner on the top and documents and material. (1) Documents Agreement who has been certified by bottom of each page to indicate the or other matter containing Safeguards the NRC; presence of protected information. The Information, when transmitted outside (v) Employees of a state or local law first page of each document must also an authorized place of use or storage, enforcement authority that are contain: must be packaged in two sealed responsible for responding to requests (i) The name, title, and organization of envelopes or wrappers to preclude for assistance during safeguards or the individual authorized to make a disclosure of the presence of protected security emergencies; Safeguards Information determination, (vi) State Radiation Control Program information. The inner envelope or and who has determined that the Directors and State Homeland Security wrapper must contain the name and document contains Safeguards Advisors or their designated address of the intended recipient and be Information; representatives; or marked on both sides, top and bottom, (vii) An individual to whom (ii) The date the determination was with the words ‘‘Safeguards disclosure is ordered pursuant to made; and Information.’’ The outer envelope or § 2.709(f) of this chapter. (iii) An indication that unauthorized wrapper must be opaque, addressed to (2) The individuals described in disclosure would be subject to civil and the intended recipient, must contain the (b)(1)(ii) through (vi) of this section are criminal sanctions. address of the sender, and may not bear deemed to be trustworthy and reliable (2) In addition to the ‘‘Safeguards any markings or indication that the by virtue of their occupational status. Information’’ markings at the top and document contains Safeguards For non-governmental individuals in bottom of each page, transmittal letters Information. (b)(1)(i) and (vii) of this section, a or memoranda which do not in (2) Safeguards Information may be determination of trustworthiness and themselves contain Safeguards transported by any commercial delivery reliability is required. Information shall be marked to indicate company that provides nationwide (3) Except as the Commission may that attachments or enclosures contain overnight service with computer otherwise authorize, no person may Safeguards Information but that the tracking features, U.S. first class, disclose Safeguards Information to any transmittal document does not (e.g., registered, express, or certified mail, or other person except as set forth in ‘‘When separated from Safeguards by any individual authorized access paragraph (b)(1) of this section. Information enclosure(s), this document pursuant to these requirements. (c) Protection while in use or storage. is decontrolled). (3) Except under emergency or (1) While in use, matter containing (3) Any transmittal document extraordinary conditions, Safeguards Safeguards Information must be under forwarding Safeguards Information must Information must be transmitted the control of an individual authorized alert the recipient that protected electronically only by protected access to Safeguards Information. This information is enclosed. Certification telecommunications circuits (including requirement is satisfied if the that a document or other media contains facsimile) or encryption (Federal Safeguards Information is attended by Safeguards Information must include Information Processing Standard [FIPS] such an individual even though the the name and title of the certifying 140–2) approved by the appropriate information is in fact not constantly official and date designated. Portion NRC office. For the purpose of this being used. Safeguards Information marking of documents or other section, emergency or extraordinary within alarm stations, continuously information is required for conditions are defined as any manned guard posts or ready rooms correspondence to and from the NRC. circumstances that require immediate need not be locked in a locked security The portion marking must be sufficient communications in order to report, storage container. to allow the recipient to identify and summon assistance for, or respond to a (2) While unattended, Safeguards distinguish those sections of the safeguards or security event or an event Information must be stored in a locked document or other information that has potential security significance. security storage container. The containing the Safeguards Information Physical security events required to be container may not identify the contents from non-Safeguards Information. reported pursuant to § 73.71 are
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considered to be extraordinary sizes one half inch or smaller composed of the physical security system or conditions. of several pages or documents and response procedures. (g) Processing of Safeguards thoroughly mixed would be considered (viii) Descriptions of security Information on electronic systems. (1) completely destroyed. activities which disclose features of the Safeguards Information may be stored, 38. Section 73.23 is added to read as physical security system or response processed or produced on a stand-alone follows: measures. computer (or computer system) for (ix) Information concerning offsite processing of Safeguards Information. § 73.23 Protection of Safeguards Information-Modified Handling: Specific response forces, including size, identity, ‘‘Stand-alone’’ means a computer or Requirements. armament, and arrival times of such computer system to which access is This section contains specific forces committed to respond to limited to individuals authorized access requirements for the protection of safeguards or security emergencies. to Safeguards Information. A stand- Safeguards Information related to (x) Engineering and safety analyses, alone computer or computer system certain quantities of source and emergency planning procedures or may not be physically or in any other byproduct material and special nuclear scenarios, and other information related way connected to a network accessible material of moderate or low strategic to the physical protection of the facility by users who are not authorized access significance, except for those materials or materials if the unauthorized to Safeguards Information. covered under § 73.22. The disclosure of such information could (2) Each computer not located within reasonably be expected to have a an approved and lockable security requirements of this section distinguish Safeguards Information requiring significant adverse effect on the health storage container that is used to process and safety of the public or the common Safeguards Information must have a modified protection requirements (SGI- M) from Safeguards Information for defense and security by significantly removable storage medium with a increasing the likelihood of theft, bootable operating system. The bootable facilities and materials needing a higher level of protection, as set forth in diversion, or sabotage of material or a operating system must be used to load facility. and initialize the computer. The § 73.22. (a) Information to be protected. The (2) Physical protection in transit. removable storage medium must also types of information and documents Information not otherwise classified as contain the software application that must be protected as Safeguards Restricted Data or National Security programs, and all data must be Information include security-related Information related to the protection of processed and saved on the same requirements such as protective shipments of certain quantities of source removable storage medium. The measures, interim compensatory material and byproduct material and removable storage medium must be measures, additional security measures, special nuclear material of moderate or secured in a locked security storage and the following, as applicable: low strategic significance, except for container when not in use. (1) Physical Protection at fixed sites. (3) A mobile device (such as a laptop those materials covered under § 73.22, Information not otherwise classified as computer) may also be used for the and in quantities determined by the Restricted Data or National Security automated processing of Safeguards Commission through order or regulation Information relating to source material, Information provided the device is to be significant to the public health and byproduct material, special nuclear secured in a locked security storage safety or the common defense and material of moderate strategic container when not in use. Other security, including: significance, or special nuclear material systems may be used if approved for (i) Information regarding security of low strategic significance, in security by the appropriate NRC office. features of a transportation physical (h) Removal from Safeguards quantities determined by the security plan (Scheduling and itinerary Information category. Documents Commission through order or regulation information may be shared with others originally containing Safeguards to be significant to the public health and on a ‘‘need to know’’ basis and is not Information must be removed from the safety or the common defense and designated as Safeguards Information- Safeguards Information category security, including: Modified Handling). (i) All portions of the composite whenever the information no longer (ii) Arrangements with and physical security plan for the facility or meets the criteria contained in this part. capabilities of local police response site. Care must be exercised to ensure that forces, and locations of safe havens. (ii) Site specific drawings, diagrams, (iii) Limitations of communications any document decontrolled not disclose sketches, or maps that substantially during transport. Safeguards Information in some other represent the final design features of the (iv) Procedures for response to form or be combined with other physical security system. unprotected information to disclose (iii) Alarm system layouts showing safeguards or security emergencies. Safeguards Information. The authority location of intrusion detection devices, (v) Engineering or safety analyses, to determine that a document may be alarm assessment equipment, alarm emergency planning procedures or decontrolled shall be exercised only by system wiring, emergency power scenarios related to the protection of the the NRC or with NRC approval, or in sources, and duress alarms. transported material if the unauthorized consultation with the individual or (iv) Written physical security orders disclosure of such information could organization that made the original and procedures for members of the reasonably be expected to have a determination, if possible. security organization, duress codes, and significant adverse effect on the health (i) Destruction of matter containing patrol schedules. and safety of the public or the common Safeguards Information. Documents or (v) On-site and off-site defense and security by significantly other media containing Safeguards communications systems in regard to increasing the likelihood of theft, Information must be destroyed when no their use for security purposes. diversion, or sabotage of such material. longer needed. The information can be (vi) Lock combinations, mechanical (3) Inspections, audits and destroyed by tearing into small pieces, key design, or passwords integral to the evaluations. Information not otherwise burning, shredding or any other method physical security system. classified as National Security that precludes reconstruction by means (vii) Facility guard qualification and Information or Restricted Data relating available to the public at large. Piece training procedures disclosing features to inspections and reports, such as:
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(i) Portions of inspection reports, and reliable by virtue of their (2) In addition to the ‘‘SGI—Modified evaluations, audits, or investigations occupational status. For non- Handling’’’ markings at the top and that contain details of a licensee’s or governmental individuals in (b)(1)(i) bottom of each page, transmittal letters applicant’s physical security system or and (vii) of this section, a determination or memoranda which do not in that disclose uncorrected defects, of trustworthiness and reliability is themselves contain Safeguards weaknesses, or vulnerabilities in the required. Information must be marked to indicate system. (3) Except as the Commission may that attachments or enclosures contain (ii) Reports of investigations otherwise authorize, no person may Safeguards Information but that the containing general information may be disclose Safeguards Information to any transmittal does not (e.g., ‘‘When released after the investigation has been other person except as set forth in separated from Safeguards completed, unless withheld pursuant to paragraph (b)(1) of this section. Information—Modified Handling other authorities, e.g., the Freedom of (c) Protection while in use or storage. enclosure(s), this document is Information Act (5 U.S.C. 552). (1) While in use, matter containing decontrolled’’). (4) Correspondence. Portions of Safeguards Information must be under (3) Any transmittal document correspondence insofar as they contain the control of an individual authorized forwarding Safeguards Information must Safeguards Information, including the access to such information. This alert the recipient that protected information in paragraphs (a)(1) through requirement is satisfied if the information is enclosed. Certification (a)(3) of this section. Safeguards Information is attended by that a document or other media contains (5) Other information that the such an individual even though the Safeguards Information must include Commission determines by order or information is in fact not constantly the name and title of the certifying regulation could reasonably be expected being used. Safeguards Information official and date designated. Portion to have a significant adverse effect on within alarm stations, continuously marking of documents or other the health and safety of the public or the manned guard posts or ready rooms information is required for common defense and security by need not be locked in a file drawer or correspondence to and from the NRC. significantly increasing the likelihood of cabinet. The portion marking must be sufficient theft, diversion, or sabotage of material (2) While unattended, Safeguards to allow the recipient to identify and or a facility. Information must be stored in a locked distinguish those sections of the (b) Conditions for access. (1) Except as file drawer or cabinet. The container document or other information the Commission may otherwise may not identify the contents of the containing the Safeguards Information from non-Safeguards Information. authorize, no person may have access to matter contained and must preclude Documents and other matter containing Safeguards Information unless the access by individuals not authorized Safeguards Information in the hands of person has an established ‘‘need to access in accordance with the contractors and agents of licensees that know’’ for the information and is: provisions of this section. Knowledge of were produced more than one year prior (i) An employee, agent, or contractor lock combinations or access to keys to the effective date of this amendment of an applicant, a licensee, the protecting Safeguards Information must need not be marked unless they are Commission, or the Executive Branch of be limited to a minimum number of removed from storage containers for use. the United States Government. personnel for operating purposes who Individuals authorized access to (e) Reproduction of matter containing have a ‘‘need to know’’ and are Safeguards Information. Safeguards Safeguards Information by a source, otherwise authorized access to byproduct, or special nuclear material Information may be reproduced to the Safeguards Information in accordance minimum extent necessary, consistent applicant or licensee must demonstrate with the provisions of this Part. Access trustworthiness and reliability through a with need, without permission of the to lock combinations must be strictly originator. If Safeguards Information is comprehensive background check or controlled so as to prevent disclosure to other means as approved by the reproduced on a digital copier that an individual not authorized access to would retain Safeguards Information in Commission prior to such access; Safeguards Information. (ii) A member of Congress; its memory, then the copier may not be (iii) The Governor of a State or (d) Preparation and marking of connected to a network. designated representatives; documents or other matter. (1) Each (f) External transmission of (iv) Representatives of the document or other matter that contains documents and material. (1) Documents International Atomic Energy Agency Safeguards Information as described in or other matter containing Safeguards (IAEA) engaged in activities associated § 73.23(a) and in this section must be Information, when transmitted outside with the U.S./IAEA Safeguards marked ‘‘SGI—Modified Handling’’ in a an authorized place of use or storage, Agreement who has been certified by conspicuous manner on the top and must be packaged in two sealed the NRC; bottom of each page to indicate the envelopes or wrappers to preclude (v) Employees of a state or local law presence of protected information. The disclosure of the presence of protected enforcement authority that are first page of the document must also information. The inner envelope or responsible for responding to requests contain: wrapper must contain the name and for assistance during safeguards or (i) The name, title, and organization of address of the intended recipient and be security emergencies; the individual authorized to make a marked on both sides, top and bottom, (vi) State Radiation Control Program Safeguards Information—Modified with the words ‘‘SGI—Modified Directors and State Homeland Security Handling safeguards information Handling.’’ The outer envelope or Advisors or their designated designation, and who has determined wrapper must be opaque, addressed to representatives; or that the document contains Safeguards the intended recipient, must contain the (vii) An individual to whom Information; address of the sender, and must not bear disclosure is ordered pursuant to (ii) The date the determination was any markings or indication that the § 2.709(f) of this chapter. made; and document contains Safeguards (2) The individuals described in (iii) An indication that unauthorized Information. paragraph (b)(1)(ii) through (vi) of this disclosure would be subject to civil and (2) Safeguards Information may be section are deemed to be trustworthy criminal sanctions. transported by any commercial delivery
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company that provides nationwide Information must be removed from the of a State or his or her designated overnight service with computer Safeguards Information category representatives; individuals to whom tracking features, U.S. first class, whenever the information no longer disclosure is ordered pursuant to registered, express, or certified mail, or meets the criteria contained in this part. § 2.709(f) of this chapter; by any individual authorized access Care must be exercised to ensure that * * * * * pursuant to these requirements. any document decontrolled shall not (3) Except under emergency or disclose Safeguards Information in some PART 76—CERTIFICATION OF extraordinary conditions, Safeguards other form or be combined with other GASEOUS DIFFUSION PLANTS Information must be transmitted unprotected information to disclose 40. The authority citation for part 76 electronically only by protected Safeguards Information. The authority continues to read as follows: telecommunications circuits (including to determine that a document may be facsimile) or encryption (Federal decontrolled must be exercised only by Authority: Secs. 161, 68 Stat. 948, as Information Processing Standard [FIPS] the NRC or with NRC approval or in amended, secs. 1312, 1701, as amended, 106 140–2) approved by the appropriate consultation with the individual or Stat. 2932, 2951, 2952, 2953, 110 Stat. 1321– 349 (42 U.S.C. 2201, 2297b–11, 2297f); secs. NRC office. For the purpose of this organization that made the original section, emergency or extraordinary 201, as amended, 204, 206, 88 Stat. 1244, determination, if possible. 1245, 1246 (42 U.S.C. 5841, 5842, 5845, conditions are defined as any (i) Destruction of matter containing 5846). Sec 234(a), 83 Stat. 444, as amended circumstances that require immediate Safeguards Information. Documents or by Pub. L. 104–134, 110 Stat. 1321, 1321–349 communications in order to report, other media containing Safeguards (42 U.S.C. 2243(a)); sec. 1704, 112 Stat. 2750 summon assistance for, or respond to a Information shall be destroyed when no (44 U.S.C. 3504 note). Sec. 76.7 also issued security event or an event that has longer needed. The information can be under Pub. L. 95–601. sec. 10, 92 Stat 2951 potential security significance. Physical destroyed by tearing into small pieces, (42 U.S.C. 5851). Sec. 76.22 is also issued under sec. 193(f), as amended, 104 Stat. 2835, security events required to be reported burning, shredding or any other method pursuant to § 73.71 are considered to be as amended by Pub. L. 104–134, 110 Stat. that precludes reconstruction by means 1321, 1321–349 (42 U.S.C. 2243(f)). Sec. extraordinary conditions. available to the public at large. Piece (g) Processing of Safeguards 76.35(j) also issued under sec. 122, 68 Stat. sizes one half inch or smaller composed 939 (42 U.S.C. 2152). Information on electronic systems. (1) of several pages or documents and Safeguards Information designated for 41. In § 76.113, paragraph (c) is thoroughly mixed would be considered revised to read as follows: modified handling may be stored, completely destroyed. processed or produced on a computer or 39. In § 73.57 paragraphs (b)(2)(i) and § 76.113 Formula quantities of strategic computer system, provided that the (ii) are revised to read as follows: special nuclear material—Category I. system is assigned to the licensee’s or contractor’s facility. Each file containing § 73.57 Requirements for criminal history * * * * * (c) The requirements for the Safeguards Information must be checks of individuals granted unescorted protection of Safeguards Information protected, either by a password or access to a nuclear power facility or access pertaining to formula quantities of encryption, to prevent unauthorized to Safeguards Information by power reactor strategic special nuclear material individuals from gaining access. Word licensees. (Category I) are contained in §§ 73.21 processors such as typewriters are not * * * * * and 73.22 of this chapter. Information subject to these requirements as long as (b) * * * designated by the U.S. Department of they do not transmit information off- (2) * * * site. (Note: if Safeguards Information is (i) For unescorted access to the Energy as Unclassified Controlled produced on a typewriter, the ribbon nuclear power facility or for access to Nuclear Information must be protected must be removed and stored in the same Safeguards Information (but must at a level equivalent to that accorded manner as other Safeguards Information adhere to provisions contained in Safeguards Information. or media.) §§ 73.21 and 73.22): NRC employees * * * * * (2) Safeguards Information files may and NRC contractors on official agency 42. In § 76.115, paragraph (d) is added be transmitted over a network if the file business; individuals responding to a to read as follows: site emergency in accordance with the is encrypted. In such cases, the licensee § 76.115 Special nuclear material of will select a commercially available provisions of § 73.55(a); a representative moderate strategic significance—Category encryption system that the National of the International Atomic Energy II. Agency (IAEA) engaged in activities Institute of Standards and Technology * * * * * (NIST) has validated as conforming to associated with the U.S./IAEA (d) The requirements for the Federal Information Processing Safeguards Agreement at designated protection of Safeguards Information Standards (FIPS). Safeguards facilities who has been certified by the pertaining to special nuclear material of Information files shall be properly NRC; law enforcement personnel acting moderate strategic significance— labeled as ‘‘SGI-Modified Handling’’ in an official capacity; State or local Category II are contained in §§ 73.21 and saved to removable media and government employees who have had and 73.22 of this chapter. stored in a locked file drawer or cabinet. equivalent reviews of FBI criminal 43. In § 76.117, paragraph (c) is added (3) A mobile device (such as a laptop history data; and individuals employed to read as follows: computer) may also be used for the at a facility who possess ‘‘Q’’ or ‘‘L’’ automated processing of Safeguards clearances or possess another active § 76.117 Special nuclear material of low Information provided the device is government granted security clearance, strategic significance—Category III. secured in an appropriate locked storage i.e., Top Secret, Secret, or Confidential; * * * * * container when not in use. Other (ii) For access to Safeguards (c) The requirements for the systems may be used if approved for Information only but must adhere to protection of Safeguards Information security by the appropriate NRC office. provisions contained in §§ 73.21 and pertaining to special nuclear material of (h) Removal from Safeguards 73.22: Employees of other agencies of low strategic significance-Category III Information category. Documents the United States Government; a are contained in §§ 73.21 and 73.22 of originally containing Safeguards member of the Congress; the Governor this chapter.
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PART 150—EXEMPTIONS AND if any cracks are found, replace the beginning of your comments. We will CONTINUED REGULATORY control-column support with a new post all comments we receive, without AUTHORITY IN AGREEMENT STATES support. This proposed AD results from change, to http://dms.dot.gov, including AND IN OFFSHORE WATERS UNDER mandatory continuing airworthiness any personal information you provide. SECTION 274 information (MCAI) issued by the We will also post a report summarizing airworthiness authority for Switzerland. each substantive verbal contact with 44. The authority citation for part 150 We are issuing this proposed AD to FAA personnel concerning this continues to read as follows: detect and correct cracks in the control- proposed rulemaking. Using the search Authority: Sec. 161, 68 Stat. 948, as column support, which could result in function of our docket Web site, anyone amended, sec. 274, 73 Stat. 688 (42 U.S.C. failure of the support. This failure could can find and read the comments 2201, 2021); sec. 201, 88 Stat. 1242, as lead to loss of the primary flight control received into any of our dockets, amended (42 U.S.C. 5841); sec. 1704, 112 system. including the name of the individual Stat. 2750 (44 U.S.C. 3504 note). Sections DATES: We must receive any comments who sent the comment (or signed the 150.3, 150.15, 150.15a, 150.31, 150.32 also comment on behalf of an association, issued under secs. 11e(2), 81, 68 Stat. 923, on this proposed AD by March 18, 2005. business, labor union, etc.). This is 935, as amended, secs. 83, 84, 92 Stat. 3033, ADDRESSES: Use one of the following to 3039 (42 U.S.C. 2014e(2), 2111, 2113, 2114). submit comments on this proposed AD: docket number FAA–2004–20006. You Section 150.14 also issued under sec. 53, 68 • DOT Docket Web site: Go to may review the DOT’s complete Privacy Stat. 930, as amended (42 U.S.C. 2073). http://dms.dot.gov and follow the Act Statement in the Federal Register Section 150.15 also issued under secs. 135, instructions for sending your comments published on April 11, 2000 (65 FR 141, Pub. L. 97–425, 96 Stat. 2232, 2241 (42 electronically. 19477–78) or you may visit http:// U.S.C. 10155, 10161). Section 150.17a also • Government-wide rulemaking Web dms.dot.gov. issued under sec. 122, 68 Stat. 939 (42 U.S.C. Are there any specific portions of this 2152). Section 150.30 also issued under sec. site: Go to http://www.regulations.gov and follow the instructions for sending proposed AD I should pay attention to? 234, 83 Stat. 444 (42 U.S.C. 2282). We specifically invite comments on the your comments electronically. 45. In § 150.15, paragraph (a)(9) is • Mail: Docket Management Facility; overall regulatory, economic, added to read as follows: U.S. Department of Transportation, 400 environmental, and energy aspects of Seventh Street, SW., Nassif Building, this proposed AD. If you contact us § 150.15 Persons not exempt. through a nonwritten communication * * * * * Room PL–401, Washington, DC 20590– 001. and that contact relates to a substantive (a) * * * • part of this proposed AD, we will (9) The requirements for the Fax: 1–202–493–2251. • Hand Delivery: Room PL–401 on summarize the contact and place the protection Safeguards Information in summary in the docket. We will §§ 73.21 and 73.23 of this chapter. the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, consider all comments received by the * * * * * DC, between 9 a.m. and 5 p.m., Monday closing date and may amend this Dated at Rockville, Maryland this 7th day through Friday, except Federal holidays. proposed AD in light of those comments of February 2005. To get the service information and contacts. For the Nuclear Regulatory Commission. identified in this proposed AD, contact Docket Information Pilatus Aircraft Ltd., Customer Liaison Annette L. Vietti-Cook, Where can I go to view the docket Manager, CH–6371 Stans, Switzerland; Secretary of the Commission. information? You may view the AD telephone: +41 41 619 6208; facsimile: [FR Doc. 05–2665 Filed 2–10–05; 8:45 am] docket that contains the proposal, any +41 41 619 7311; e-mail: BILLING CODE 7590–01–P comments received, and any final [email protected] or from disposition in person at the DMS Docket Pilatus Business Aircraft Ltd., Product Offices between 9 a.m. and 5 p.m. Support Department, 11755 Airport DEPARTMENT OF TRANSPORTATION (eastern standard time), Monday Way, Broomfield, Colorado 80021; through Friday, except Federal holidays. telephone: (303) 465–9099; facsimile: Federal Aviation Administration The Docket Office (telephone 1–800– (303) 465–6040. 647–5227) is located on the plaza level To view the comments to this 14 CFR Part 39 of the Department of Transportation proposed AD, go to http://dms.dot.gov. Nassif Building at the street address [Docket No. FAA–2004–20006; Directorate This is docket number FAA–2004– stated in ADDRESSES. You may also view Identifier 2004–CE–49–AD] 20006. the AD docket on the Internet at RIN 2120–AA64 FOR FURTHER INFORMATION CONTACT: http://dms.dot.gov. The comments will Doug Rudolph, Aerospace Engineer, Airworthiness Directives; Pilatus be available in the AD docket shortly FAA, Small Airplane Directorate, 901 Aircraft Limited Models B4–PC11, B4– after the DMS receives them. Locust, Room 301, Kansas City, PC11A, and B4–PC11AF Sailplanes Missouri 64106; telephone: (816) 329– Discussion AGENCY: Federal Aviation 4059; facsimile: (816) 329–4090. What events have caused this Administration (FAA), DOT. SUPPLEMENTARY INFORMATION: proposed AD? The Federal Office for Civil Aviation (FOCA), which is the ACTION: Notice of proposed rulemaking Comments Invited (NPRM). airworthiness authority for Switzerland, How do I comment on this proposed recently notified FAA that an unsafe SUMMARY: The FAA proposes to adopt a AD? We invite you to submit any condition may exist on all Pilatus new airworthiness directive (AD) for all written relevant data, views, or Aircraft Limited (Pilatus) Models B4– Pilatus Aircraft Limited (Pilatus) Models arguments regarding this proposal. Send PC11, B4–PC11A, and B4–PC11AF B4–PC11, B4–PC11A, and B4–PC11AF your comments to an address listed sailplanes. The FOCA reports nine sailplanes. This proposed AD would under ADDRESSES. Include the docket occurrences of cracks in the support of require you to repetitively inspect the number, ‘‘FAA–2004–20006; Directorate the control-column (part number (P/N) control-column support for cracks and, Identifier 2004–CE–49–AD’’ at the 112.35.11.072).
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What is the potential impact if FAA Switzerland and are type-certificated for What would this proposed AD took no action? Cracks in the control- operation in the United States under the require? This proposed AD would column support could result in failure provisions of section 21.29 of the require you to incorporate the actions in and lead to loss of the primary flight Federal Aviation Regulations (14 CFR the previously-referenced service control system. 21.29) and the applicable bilateral bulletin. Is there service information that airworthiness agreement. How does the revision to 14 CFR part applies to this subject? Pilatus has Under this bilateral airworthiness 39 affect this proposed AD? On July 10, issued Pilatus Aircraft Ltd. Service agreement, the FOCA has kept us 2002, we published a new version of 14 Bulletin No. 1005, Revision No. 2, dated informed of the situation described CFR part 39 (67 FR 47997, July 22, April 22, 2004. above. 2002), which governs FAA’s AD system. What are the provisions of this service FAA’s Determination and Requirements This regulation now includes material information? The service bulletin of This Proposed AD that relates to altered products, special includes procedures for: flight permits, and alternative methods What has FAA decided? We have —Inspecting the control-column examined the FOCA’s findings, of compliance. This material previously support (P/N 112.35.11.072) for cracks; reviewed all available information, and was included in each individual AD. and determined that AD action is necessary Since this material is included in 14 —Replacing the control-column support for products of this type design that are CFR part 39, we will not include it in if any cracks are found. certificated for operation in the United future AD actions. What action did the FOCA take? The States. Costs of Compliance FOCA classified this service bulletin as Since the unsafe condition described mandatory and issued Swiss AD previously is likely to exist or develop How many sailplanes would this Number HB 2004–491, dated December on other Pilatus Models B4–PC11, B4– proposed AD impact? We estimate that 23, 2004, to ensure the continued PC11A, and B4–PC11AF sailplanes of this proposed AD affects 32 sailplanes airworthiness of these sailplanes in the same type design that are registered in the U.S. registry. Switzerland. in the United States, we are proposing What would be the cost impact of this Did the FOCA inform the United AD action to detect and correct cracks proposed AD on owners/operators of the States under the bilateral airworthiness in the control-column support, which affected sailplanes? We estimate the agreement? These Pilatus Models B4– could result in failure of the support. following costs to do this proposed PC11, B4–PC11A, and B4–PC11AF This failure could lead to loss of the inspection of the control-column sailplanes are manufactured in primary flight control system. support:
Total cost per Total cost on U.S. op- Labor cost Parts cost sailplane erators
1 work hour × $65 per hour = $65 ...... Not applicable ...... $65 32 × $65 = $2,080.
We estimate the following costs to do proposed inspection. We have no way of that may need this replacement of the any necessary replacements that would determining the number of sailplanes control-column support: be required based on the results of this
Total cost per Labor cost Parts cost sailplane
5 work hours × $65 per hour = $325 ...... $250 $575
Authority for This Rulemaking because it addresses an unsafe condition 1. Is not a ‘‘significant regulatory What authority does FAA have for that is likely to exist or develop on action’’ under Executive Order 12866; issuing this rulemaking action? Title 49 products identified in this AD. 2. Is not a ‘‘significant rule’’ under the of the United States Code specifies the Regulatory Findings DOT Regulatory Policies and Procedures FAA’s authority to issue rules on (44 FR 11034, February 26, 1979); and aviation safety. Subtitle I, Section 106 Would this proposed AD impact 3. Will not have a significant describes the authority of the FAA various entities? We have determined economic impact, positive or negative, Administrator. Subtitle VII, Aviation that this proposed AD would not have on a substantial number of small entities Programs, describes in more detail the federalism implications under Executive under the criteria of the Regulatory scope of the agency’s authority. Order 13132. This proposed AD would Flexibility Act. We are issuing this rulemaking under not have a substantial direct effect on the authority described in Subtitle VII, the States, on the relationship between We prepared a summary of the costs Part A, Subpart III, Section 44701, the national Government and the States, to comply with this proposed AD and ‘‘General requirements.’’ Under that or on the distribution of power and placed it in the AD Docket. You may get section, Congress charges the FAA with responsibilities among the various a copy of this summary by sending a promoting safe flight of civil aircraft in levels of government. request to us at the address listed under air commerce by prescribing regulations ADDRESSES. Include ‘‘AD Docket FAA– for practices, methods, and procedures Would this proposed AD involve a 2004–20006; Directorate Identifier the Administrator finds necessary for significant rule or regulatory action? For 2004–CE–49–AD’’ in your request. safety in air commerce. This regulation the reasons discussed above, I certify is within the scope of that authority that this proposed AD:
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List of Subjects in 14 CFR Part 39 § 39.13 [Amended] What Sailplanes Are Affected by This AD? (c) This AD affects Models B4–PC11, B4– Air transportation, Aircraft, Aviation 2. The FAA amends § 39.13 by adding the following new airworthiness PC11A, and B4–PC11AF sailplanes, all serial safety, Safety. numbers, that are certificated in any category. directive (AD): The Proposed Amendment What Is the Unsafe Condition Presented in Pilatus Aircraft Limited: Docket No. FAA– This AD? 2004–20006; Directorate Identifier 2004– Accordingly, under the authority (d) This AD is the result of mandatory CE–49–AD delegated to me by the Administrator, continuing airworthiness information (MCAI) the Federal Aviation Administration When Is the Last Date I Can Submit issued by the airworthiness authority for proposes to amend 14 CFR part 39 as Comments on This Proposed AD? Switzerland. The actions specified in this AD follows: are intended to detect and correct cracks in (a) We must receive comments on this the control-column support, which could PART 39—AIRWORTHINESS proposed airworthiness directive (AD) by result in failure of the support. This failure DIRECTIVES March 18, 2005. could lead to loss of the primary flight What Other ADs Are Affected By This control system. 1. The authority citation for part 39 Action? What Must I Do To Address This Problem? continues to read as follows: (b) None. (e) To address this problem, you must do Authority: 49 U.S.C. 106(g), 40113, 44701. the following:
Actions Compliance Procedures
(1) Inspect the control-column support (part Within 12 calendar months after the last in- Follow Pilatus Aircraft Ltd. Service Bulletin No. number (P/N) 112.35.11.072) for cracks. spection under Pilatus Aircraft Ltd. Service 1005, Revision No. 2, dated April 22, 2004. Bulletin No. 1005, Revision No. 1, dated April 9, 2003, or Pilatus Aircraft Ltd. Service Bulletin No. 1005, Revision No. 2, dated April 22, 2004, where no cracks were found or within the next 30 days after the effective date of this AD, whichever occurs later, un- less already done. Repetitively inspect thereafter at intervals not to exceed every 12 calendar months regardless of whether the control-column support was replaced. (2) If any cracks are found after the inspection Before further flight after the inspection re- Follow Pilatus Aircraft Ltd. Service Bulletin No. required by paragraph (e)(1) of this AD, re- quired by paragraph (e)(1) of this AD where 1005, Revision No. 2, dated April 22, 2004. place the control-column support (P/N you found the crack. Continue the repetitive 112.35.11.072) with a new control-column inspections required by paragraph (e)(1) of support (P/N 112.35.11.072). this AD.
May I Request an Alternative Method of Ltd., Customer Liaison Manager, CH–6371 FEDERAL COMMUNICATIONS Compliance? Stans, Switzerland; telephone: +41 41 619 COMMISSION (f) You may request a different method of 6208; facsimile: +41 41 619 7311; email: compliance or a different compliance time [email protected] or from 47 CFR Part 73 for this AD by following the procedures in 14 Pilatus Business Aircraft Ltd., Product CFR 39.19. Unless FAA authorizes otherwise, Support Department, 11755 Airport Way, [DA 05–74; MB Docket No. 05–17, RM– send your request to your principal Broomfield, Colorado 80021; telephone: (303) 11113, RM–11114] inspector. The principal inspector may add 465–9099; facsimile: (303) 465–6040. To comments and will send your request to the Radio Broadcasting Services; view the AD docket, go to the Docket Connersville, IN, Erlanger, KY, Manager, Standards Office, Small Airplane Management Facility; U.S. Department of Directorate, FAA. For information on any Lebanon, KY, Lebanon Junction, KY, Transportation, 400 Seventh Street, SW., already approved alternative methods of Madison, IN, Richmond, IN, New Nassif Building, Room PL–401, Washington, compliance, contact Doug Rudolph, Haven, KY, Norwood, OH, and DC, or on the Internet at http://dms.dot.gov. Aerospace Engineer, FAA, Small Airplane Springfield, KY Directorate, 901 Locust, Room 301, Kansas This is docket number FAA–2004–20006. City, Missouri 64106; telephone: (816) 329– Issued in Kansas City, Missouri, on AGENCY: Federal Communications 4059; facsimile: (816) 329–4090. February 7, 2005. Commission. May I Obtain a Special Flight Permit for the David R. Showers, ACTION: Proposed rule. Initial Inspection Requirement of This AD? Acting Manager, Small Airplane Directorate, SUMMARY: The Audio Division requests (g) No. Special flight permits are not Aircraft Certification Service. allowed for this AD. comment on two petitions that are [FR Doc. 05–2696 Filed 2–10–05; 8:45 am] mutually exclusive filed by Rodgers Is There Other Information That Relates to BILLING CODE 4910–13–P Broadcasting Corporation, licensee of This Subject? Station WIFE(FM), Channel 262B at (h) Swiss AD Number HB 2004–491, dated Connersville, Indiana; and jointly filed December 23, 2004, also addresses the by Washington County CBC, Inc., subject of this AD. licensee of Station WAKY–FM, Channel May I Get Copies of the Documents 274A, Springfield, Kentucky, Referenced in This AD? Elizabethtown CBC, Inc., licensee of (i) To get copies of the documents Station WTHX(FM), Channel 297A, referenced in this AD, contact Pilatus Aircraft Lebanon Junction, Kentucky and CBC of
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Marion County, Inc., licensee of Station can be allotted to Norwood provided For information regarding proper WLSK(FM), Channel 265C3, Lebanon, there is a site restriction of 9.4 filing procedures for comments, see 47 Kentucky. See Supplementary kilometers (5.8 miles) southwest at CFR 1.415 and 1.420. Information. coordinates 39–07–19 NL and 84–32–52 List of Subjects in 47 CFR Part 73 DATES: Comments must be filed on or WL. Channel 266A can be allotted to before March 21, 2004, and reply Erlanger at Station’s WIZF current Radio, Radio broadcasting. comments on or before April 5, 2005. license site at coordinates 39–06–18 NL For the reasons discussed in the and 84–33–24 WL. Channel 265A can be ADDRESSES: Federal Communications preamble, the Federal Communications allotted to Madison at its current Commission, 445 Twelfth Street, SW., Commission proposes to amend 47 CFR reference site at coordinates 38–49–15 Washington, DC. 20554. In addition to Part 73 as follows: NL and 85–18–46 WL. Channel 267B1 filing comments with the FCC, can be allotted to Richmond provided PART 73—RADIO BROADCAST interested parties should serve the there is a site restriction of 11.6 SERVICES petitioner, his counsel, or consultant, as kilometers (7.2 miles) northwest at follows: Mark N. Lipp, Esq., J. Thomas 1. The authority citation for part 73 coordinates 39–55–09 NL and 84–57–47 Nolan, Esq., Scott Woodworth, Esq, continues to read as follows: WL. Channel 265A can be allotted to Counsel, Rodgers Broadcasting Lebanon provided there is a site Authority: 47 U.S.C. 154, 303, 334 and 336. Corporation, Vinson & Elkins, LLP, 1455 restriction 9.6 kilometers (6.0 miles) Pennsylvania Avenue, NW., Suite 600, § 73.202 [Amended] northeast at coordinates 37–38–50 NL Washington, DC 20004 and John F. and 85–11–50 WL. 2. Section 73.202(b), the Table of FM Garziglia, Esq., Howard Barr, Esq., The second proposal, jointly filed by Allotments under Indiana, is amended Counsel for Washington County CBC, Washington County CBC, Inc., licensee by removing Connersville, Channel Inc., Elizabethtown CBC, Inc., and CBC of Station WAKY–FM, Channel 274A, 262B, by removing Channel *266A and of Marion County, Inc., Womble Carlyle Springfield, Kentucky, Elizabethtown adding Channel *265A at Madison, by Sandridge & Rice, PLLC, 1401 Eye CBC, Inc. requests the reallotment of removing Channel 267B and by adding Street, NW., Seventh Floor, Washington, Channel 297A from Lebanon Junction to Channel 267B1 at Richmond. DC 20005. New Haven, Kentucky, as its first local 3. Section 73.202(b), the Table of FM FOR FURTHER INFORMATION CONTACT: service and modification of the Station Allotments under Kentucky, is amended Rolanda F. Smith, Media Bureau, (202) WTHX(FM) license. To prevent removal by removing Channel 265A and adding 418–2180. of Lebanon Junction’s sole local service, Channel 266A at Erlanger, by removing SUPPLEMENTARY INFORMATION: This is a the Joint Petitioners proposes the Lebanon, Channel 265C3, by removing synopsis of the Commission’s Notice of reallotment of Channel 274A from Channel 297A and adding Channel Proposed Rule Making, MB Docket No. Springfield to Lebanon Junction, 274A at Lebanon Junction, by adding 05–17, adopted January 26, 2005 and Kentucky and modification of the New Haven, Channel 297A and by released January 28, 2005. The full text Station WAKY–FM license. Moreover, removing Channel 274A and adding of this Commission decision is available to prevent removal of Springfield’s sole Channel 265A at Springfield. for inspection and copying during local service, the Joint Petitioners 4. Section 73.202(b), the Table of FM regular business hours at the FCC’s requests the substitution of Channel Allotments under Ohio, is amended by Reference Information Center, Portals II, 265A for Channel 265C3 at Lebanon, adding Norwood, Channel 262A. 445 Twelfth Street, SW., Room CY– Kentucky, reallotment of Channel 265A Federal Communications Commission. A257, Washington, DC 20554. The from Lebanon to Springfield, Kentucky John A. Karousos, complete text of this decision may also and modification of the Station be purchased from the Commission’s Assistant Chief, Audio Division, Media WLSK(FM) license. Channel 297A can Bureau. duplicating contractor, Best Copy and be reallotted to New Haven provided [FR Doc. 05–2705 Filed 2–10–05; 8:45 am] Printing, Inc., 445 12th Street, SW., there is a site restriction 12.4 kilometers Room CY–B402, Washington, DC, (7.7 miles) northwest at coordinates 37– BILLING CODE 6712–01–P 20054, telephone 1–800–378–3160 or 43–00 NL and 85–42–38 WL. Channel http://www.BCPIWEB.com. 274A can be reallotted to Lebanon The first proposal, filed by Rodgers FEDERAL COMMUNICATIONS Junction provided there is a site COMMISSION Broadcasting seeks the substitution of restriction 13.8 kilometers (8.6 miles) Channel 262A for Channel 262B at southeast at coordinates 37–46–07 NL 47 CFR Part 73 Connersville, Indiana, reallotment of and 85–35–57 WL. Channel 265A can be Channel 262A from Connersville, reallotted to Springfield provided there [DA 05–76; MB Docket No. 05–16; RM– 11143] Indiana to Norwood, Ohio, as its first is a site restriction 4.8 kilometers (3.0 local service and modification of Station miles) at coordinates 37–38–50 NL and Radio Broadcasting Services; WIFE(FM) license accordingly. Rodgers 85–11–50 WL. Richlands, Shallotte, Topsail Beach, Broadcasting also requests the Provisions of the Regulatory and Wrightsville Beach, NC substitution of Channel *265A for Flexibility Act of 1980 do not apply to vacant Channel *266A at Madison, this proceeding. AGENCY: Federal Communications Indiana; substitution of Channel 267B1 Members of the public should note Commission. for Channel 267B at Richmond, Indiana that from the time a Notice of Proposed ACTION: Proposed rule. and modification of the FM Station Rule Making is issued until the matter WFMG license; substitution of Channel is no longer subject to Commission SUMMARY: This document requests 266A for Channel 265A at Erlanger, consideration or court review, all ex comments on a Petition for Rule Making Kentucky and modification of the FM parte contacts are prohibited in filed by Sea-Comm, Inc., (‘‘Petitioner’’), Station WIZF license; and substitution Commission proceedings, such as this licensee of FM Stations WBNU, of Channel 265A for Channel 265C3 at one, which involve channel allotments. Shallotte, North Carolina; WWTB, Lebanon, Kentucky and modification of See 47 CFR 1.1204(b) for rules Topsail Beach, North Carolina, and the WLSK(FM) license. Channel 262A governing permissible ex parte contact. WBNE, Wrightsville Beach, North
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Carolina. Petitioner proposes to upgrade Commission’s duplicating contractors, FEDERAL COMMUNICATIONS Channel 279C3, Station WBNU, to Best Copy and Printing, Inc., Portals II, COMMISSION Channel 279C2 and reallot Channel 445 12th Street, SW., Room CY–B402, 279C2 from Shallotte to Wrightsville Washington, DC 20554, telephone 1– 47 CFR Part 73 Beach, North Carolina; to downgrade 800–378–3160 or http:// [DA 05–73; MB Docket No. 05–13, RM– Channel 280C3, Station WWTB, to www.BCPIWEB.com. 11078; MB Docket No. 05–14; RM 11088; Channel 281A and to reallot Channel MB Docket No. 05–15, RM–11148] 281A from Topsail Beach to Richlands, The provisions of the Regulatory North Carolina; and to upgrade Station Flexibility Act of 1980 do not apply to Radio Broadcasting Services; Channel 229A, Station WBNE, to this proceeding. Groveland, CA and Powers, OR; Channel 229C3 and reallot Channel Members of the public should note Zapata, TX 229C3 from Wrightsville Beach to that from the time a Notice of Proposed Topsail Beach. The coordinates for AGENCY: Federal Communications Rule Making is issued until the matter Commission. proposed Channel 279C2 at Wrightsville is no longer subject to Commission ACTION: Proposed rule. Beach are 33–59–56 NL and 77–54–35 consideration or court review, all ex WL, with a site restriction of 25.4 parte contacts are prohibited in kilometers (15.8 miles) southwest of SUMMARY: The Audio Division requests Commission proceedings, such as this Wrightsville Beach. The coordinates for comments on a petition filed by 105 proposed Channel 281A at Richlands one, which involve channel allotments. Mountain Air, Inc., proposing the are 34–49–40 NL and 77–27–30 WL, See 47 CFR 1.1204(b) for rules allotment of Channel 264A at with a site restriction of 12.9 kilometers governing permissible ex parte contacts. Groveland, California, as the (8.0 miles) southeast of Richlands. The For information regarding proper community’s first local commercial FM coordinates for proposed Channel filing procedures for comments, See 47 transmission service. Channel 264A can 229C3 at Topsail Beach are 34–25–37 CFR 1.415 and 1.420. be allotted to Groveland in compliance NL and 77–38–33 WL, with a site with the Commission’s minimum restriction of 7.0 kilometers (4.3 miles) List of Subjects in 47 CFR Part 73 distance city reference coordinates. The coordinates for Channel 264A at north of Topsail Beach. Radio, Radio broadcasting. Since Petitioner’s reallotment Groveland are 37–50–45 North Latitude proposals comply with the provisions of For the reasons discussed in the and 120–12–00 West Longitude. Section 1.420(i) of the Commission’s preamble, the Federal Communications The Audio Division requests rules, the Commission will not accept Commission proposes to amend 47 CFR comments on a petition filed by Mike competing expressions of interest in the part 73 as follows: Chavez proposing the allotment of use of Channel 279C2 at Wrightsville Channel 293C2 at Powers, Oregon, as Beach, the use of Channel 281A at PART 73—RADIO BROADCAST the community’s first local aural Richlands, or the use of Channel 229C3 SERVICES transmission service. Channel 293C2 at Topsail Beach, or require the can be allotted to Powers in compliance Petitioner to demonstrate the 1. The authority citation for part 73 with the Commission’s minimum availability of additional equivalent continues to read as follows: distance separation requirements at city class channels in those communities. reference coordinates. The coordinates Authority: 47 U.S.C. 154, 303, 334, and for Channel 293C2 at Powers are 42–53– DATES: Comments must be filed on or 336. before March 21, 2005, and reply 01 North Latitude and 124–04–19 West comments on or before April 5, 2005. § 73.202 [Amended] Longitude. See Supplementary Information, infra. ADDRESSES: Secretary, Federal 2. Section 73.202(b), the Table of FM DATES: Comments must be filed on or Communications Commission, 445 12th Allotments under North Carolina, is Street, SW., Room TW–A325, before March 21, 2005, reply comments amended by adding Richlands, Channel on or before April 5, 2005. Washington, DC 20554. In addition to 281A, by removing Channel 279C3 at filing comments with the FCC, ADDRESSES: Federal Communications Shallotte; by removing Channel 280C3 interested parties should serve the Commission, Washington, DC 20554. In and adding Channel 229C3 at Topsail petitioner’s counsel, as follows: John addition to filing comments with the Beach; and by removing Channel 229A Griffith Johnson, Jr., Esq.; Paul, FCC, interested parties should serve the Hastings, Janofsky & Walker, LLP; 1299 and adding Channel 279C2 at petitioner, or its counsel or consultant, Pennsylvania Avenue, NW., Tenth Wrightsville Beach. as follows: Robert Eurich, President, 105 Floor; Washington, DC 20004–2400. Federal Communications Commission. Mountain Air, Inc., 7179 N. Van Ness, FOR FURTHER INFORMATION CONTACT: R. John A. Karousos, Fresno, California 93711 (Petitioner); and Mikel Chavez, P.O. Box 400, Barthen Gorman, Media Bureau, (202) Assistant Chief, Audio Division, Media Coquille, Oregon 97423 (Petitioner); 418–2180. Bureau. SUPPLEMENTARY INFORMATION: This is a Jeraldine Anderson, 1702 Cypress Drive, [FR Doc. 05–2704 Filed 2–10–05; 8:45 am] Irving, Texas 75061 (Petitioner). synopsis of the Commission’s Notice of BILLING CODE 6712–01–P Proposed Rule Making, MB Docket No. FOR FURTHER INFORMATION CONTACT: 05–16, adopted January 26, 2005, and Sharon P. McDonald, Media Bureau, released January 28, 2005. The full text (202) 418–2180. of this Commission decision is available SUPPLEMENTARY INFORMATION: This is a for inspection and copying during synopsis of the Commission’s Notice of regular business hours in the FCC’s Proposed Rule Making, MB Docket No. Reference Information Center at Portals 05–13, MB Docket No. 05–14, MB II, 445 12th Street, SW., CY–A257, Docket No. 05–15, adopted January 26, Washington, DC 20554. This document 2005, and released January 28, 2005. may also be purchased from the The full text of this Commission
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decision is available for inspection and 3. Section 73.202(b), the Table of FM purposes primarily within retirement or copying during normal business hours Allotments under Oregon, is amended planned communities. An LSV is in the FCC Reference Information Center by adding Powers, Channel 293C2. defined in 49 CFR 571.3 as a 4-wheeled (Room CY–A257), 445 12th Street, SW., 4. Section 73.202(b), the Table of FM motor vehicle, other than a truck, whose Washington, DC. The complete text of Allotments under Texas, is amended by speed attainable in 1.6 km (1 mile) is this decision may also be purchased adding Channel 292A at Zapata. more than 32 kilometers per hour (20 from the Commission’s copy contractor, Federal Communications Commission. miles per hour) and not more than 40 Best Copy and Printing, Inc., Portals II, John A. Karousos, kilometers per hour (25 miles per hour) 445 12th Street, SW., Room CY–B402, on a paved level surface. Due to their Assistant Chief, Audio Division, Media small size, low operating speed and Washington, DC 20054, telephone 1– Bureau. 800–378–3160 or http:// restricted area of use, LSVs are excluded [FR Doc. 05–2703 Filed 2–10–05; 8:45 am] www.BCPIWEB.com. from many of the FMVSSs that apply to BILLING CODE 6712–01–P The Audio Division requests conventional, higher-speed motor comments on a petition filed by vehicles. LSVs are not required to have Jeraldine Anderson proposing the doors or bumpers and are not required DEPARTMENT OF TRANSPORTATION allotment of Channel 292A at Zapata, to meet any crashworthiness tests. Texas, as the community’s fourth local However, FMVSS No. 500 does require National Highway Traffic Safety LSVs certified for use on public roads to FM transmission service. Channel 292A Administration can be allotted to Zapata in compliance be equipped with certain safety equipment: Headlamps, front and rear with the Commission’s minimum 49 CFR Part 571 distance with a site restriction of 9.0 turn signal lamps, tail lamps, stop kilometers (5.6 miles) south to avoid a RIN 2127–AI84 lamps, rear reflex reflectors mounted on short-spacing to the licensed site of each side, a reflex reflector mounted on Federal Motor Vehicle Safety Station KPSO–FM, Channel 292A, the rear, rearview mirrors, a parking Standards; Low Speed Vehicles; Falfurria, Texas. The coordinates for brake, a windshield of AS–1 or AS–4 Termination of Rulemaking Channel 292A at Zapata are 26–49–57 glazing composition and Type 1 or Type 2 seat belt assemblies that conform to North Latitude and 99–14–25 West AGENCY: National Highway Traffic FMVSS No. 209 at each designated Longitude. Since Zapata is located Safety Administration (NHTSA), DOT. seating position. within 320 kilometers (199 miles) of the ACTION: Termination of rulemaking. U.S.-Mexican border, concurrence of the On January 9, 2002, the agency received a petition for rulemaking from Mexican government has been SUMMARY: The purpose of this document General Motors Corporation (GM). GM requested. is to announce the termination of a requested that the agency amend Provisions of the Regulatory rulemaking in which the agency had considered adding additional Standard No. 500 to require all low- Flexibility Act of 1980 do not apply to speed vehicles to be equipped with a conspicuity requirements applicable to this proceeding. label identifying the safety hazards low-speed vehicles (LSV), as well as a Members of the public should note associated with their operation in mixed requirement that LSVs bear a label that from the time a Notice of Proposed traffic, and additional conspicuity identifying the safety hazards associated Rule Making is issued until the matter features. NHTSA granted the petition with their operation in mixed traffic. is no longer subject to Commission from GM. consideration or court review, all ex Due to the absence of data showing a On July 12, 2002, NHTSA published parte contacts are prohibited in conspicuity-related safety problem with a notice of proposed rulemaking Commission proceedings, such as this current LSV designs, the agency has (NPRM) (67 FR 46149) proposing the one, which involve channel allotments. decided to terminate the rulemaking. LSV warning label and additional See 47 CFR 1.1204(b) for rules FOR FURTHER INFORMATION CONTACT: For conspicuity requirements. Specifically, governing permissible ex parte contacts. non-legal issues, contact Mr. William D. the agency proposed that LSVs be For information regarding proper filing Evans, Office of Crash Avoidance required to bear a warning label to procedures for comments, see 47 CFR Standards, phone (202) 366–2272. For ensure that drivers of LSVs are alerted 1.415 and 1.420. legal issues, contact Christopher to the safety hazards associated with Calamita, Office of Chief Counsel, List of Subjects in 47 CFR Part 73 their operation in mixed traffic. The phone (202) 366–2992. You may send NPRM also proposed that LSVs be Radio, Radio broadcasting. mail to both of these officials at the equipped with additional reflex For the reasons discussed in the National Highway Traffic Safety reflectors or retroreflective conspicuity preamble, the Federal Communications Administration, 400 Seventh Street, sheeting, and that headlamps, tail Commission proposes to amend 47 CFR SW., Washington, DC 20590. lamps, and side marker lamps be part 73 as follows: SUPPLEMENTARY INFORMATION: continuously illuminated while the LSV propulsion system is activated. In PART 73—RADIO BROADCAST I. Background addition, a ‘‘slow-moving vehicle’’ SERVICES On June 17, 1998, NHTSA published emblem would be required on the rear a final rule establishing Federal Motor of each LSV. The comment period on 1. The authority citation for part 73 Vehicle Safety Standard (FMVSS) No. the NPRM ended on September 10, continues to read as follows: 500, ‘‘Low-speed vehicles,’’ and added a 2002. The agency received comments Authority: 47 U.S.C. 154, 303, 334 and 336. definition of ‘‘low-speed vehicle’’ to 49 from 15 sources. Thirteen of the CFR 571.3 (63 FR 33194). This new commenters were generally in favor of § 73.202 [Amended] FMVSS and vehicle classification the proposed requirements; however, 2. Section 73.202(b), the Table of FM responded to the growing public use of they offered variations to the specific Allotments under California, is golf cars and other similar-sized small proposals or disagreed with certain amended by adding Groveland, Channel vehicles to make short trips for elements. Two commenters generally 264A. shopping, social and recreational felt that the agency did not provide
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enough data to support the safety need as motor vehicles.) In its September 10, safety problem with current LSV for such a proposal. 2002, comments to the LSV conspicuity designs, the agency has decided to NPRM (67 FR 46149), DaimlerChrysler terminate the rulemaking. II. Decision To Withdraw Rulemaking mentioned that they knew of only four Authority: 49 U.S.C. 322, 30111, 30115, NHTSA searched its Fatality Analysis crashes involving Global Electric 30166 and 30177; delegation of authority at Reporting System (FARS) and its Motorcars (GEM), none of which 49 CFR 1.50. National Automotive Sampling System resulted in deaths. Only two of the four (NASS) from 1998 to present for crashes crashes involved other vehicles and Issued on: February 3, 2005. involving LSVs. No crash data relative those were the result of operator errors Stephen R. Kratzke, to LSVs were found. (This may reflect in judgment rather than a lack of Associate Administrator for Rulemaking. the reporting practices of some police conspicuity. In view of the absence of [FR Doc. 05–2471 Filed 2–10–05; 8:45 am] departments that do not recognize LSVs data showing a conspicuity-related BILLING CODE 4910–59–P
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Notices Federal Register Vol. 70, No. 28
Friday, February 11, 2005
This section of the FEDERAL REGISTER Foods Production Act of 1990 (OFPA), information contained on certificates of contains documents other than rules or as amended (7 U.S.C. Section 6501 et organic operations and provide support proposed rules that are applicable to the seq.) requires the establishment of the for the development of an NOP public. Notices of hearings and investigations, NOSB. The purpose of the NOSB is to electronic data management system. The committee meetings, agency decisions and make recommendations about whether a Livestock Committee will discuss issues rulings, delegations of authority, filing of petitions and applications and agency substance should be allowed or involving the formation of an Aquatic statements of organization and functions are prohibited in organic production or Animal Task Force. It will discuss examples of documents appearing in this handling, to assist in the development priorities for sunset review of livestock section. of standards for substances to be used in substances, a rule change for dairy organic production, and to advise the replacement (based on an existing Secretary on other aspects of the NOSB recommendation), and a rule DEPARTMENT OF AGRICULTURE implementation of the OFPA. The change for apiculture standards (based NOSB met for the first time in on an existing NOSB recommendation). Agricultural Marketing Service Washington, DC, in March 1992, and The committee will present a [No.: TM–05–1] currently has six committees working recommendation that addresses options on various aspects of the organic for adding livestock substances, already Notice of Meeting of the National program. The committees are: reviewed and approved by NOSB, to the Organic Standards Board Compliance, Accreditation, and National List. It will consider Certification; Crops; Livestock; restrictions on the use of certain forms AGENCY: Agricultural Marketing Service, Materials; Handling; and Policy of proteinated chelates as livestock feed USDA. Development. supplements. The committee will also ACTION: Notice. In August of 1994, the NOSB address issues regarding a petition SUMMARY: In accordance with the provided its initial recommendations for requesting an extension for the use of Federal Advisory Committee Act, as the National Organic Program (NOP) to DL-Methionine in poultry production amended, the Agricultural Marketing the Secretary of Agriculture. Since that and discuss the use and labeling of Service (AMS) is announcing a time, the NOSB has submitted 53 calcium carbonate as an allowed feed forthcoming meeting of the National addenda to its recommendations and supplement. The Livestock Committee Organic Standards Board (NOSB). reviewed more than 264 substances for will submit a draft guidance document inclusion on the National List of for NOSB consideration on the DATES: The meeting dates are: Monday, February 28, 2005, 2 p.m. to 5:30 p.m., Allowed and Prohibited Substances. requirements for access to pasture for Tuesday, March 1, 2005, 8 a.m. to 5:30 The last meeting of the NOSB was held ruminants. p.m., Wednesday, March 2, 2005, 8 a.m. on October 12–14, 2004, in Washington, The Policy Development Committee to 5:30 p.m., and Thursday, March 3, DC. will discuss the duties of an Executive 2005, 8 a.m. to 12:15 p.m. Requests from The Department of Agriculture Director for the NOSB and factors to be individuals and organizations wishing (USDA) published its final National considered for temporary research to make an oral presentation at the Organic Program regulation in the variances. The committee will present, meeting are due by the close of business Federal Register on December 21, 2000 for NOSB consideration, its on February 11, 2005. (65 FR 80548). The rule became recommendation concerning the effective April 21, 2001. adoption of the NOP collaboration ADDRESSES: The meeting will take place The principal purposes of the meeting policy document and changes to the at the Washington Terrace Hotel, 1515 are to provide an opportunity for the Board Policies and Procedures Manual. Rhode Island Avenue, NW., NOSB to receive an update from the The committee will also present its Washington, DC. Requests for copies of USDA/NOP and hear progress reports recommendation for soliciting USDA the NOSB meeting agenda, requests to from NOSB committees regarding work support for ensuring consistent use of make an oral presentation at the plan items and proposed actions. The the word ‘‘organic’’ on AAPFCO meeting, or written comments may be NOSB will receive an update from the regulated fertilizer labels. Finally, the sent to Ms. Francine Torres at USDA– Association of American Plant Food committee will submit, for NOSB AMS–TMD–NOP, 1400 Independence Control Officials (AAPFCO) concerning consideration, a guidance document Avenue, SW., Room 4008–So., Ag Stop its recent labeling committee meeting regarding the use of organic and non- 0268, Washington, DC 20250–0200. and discuss actions items concerning organic forms of the same ingredient in Requests to make an oral presentation at the formation of the NOSB Aquatic products labeled, ‘‘made with organic the meeting may also be sent via Animal Task Force and Pet Food Task ingredients’’. The Handling Committee facsimile to Ms. Francine Torres at (202) Force. The NOSB will also review will discuss the priorities for the sunset 205’7808 or electronically to Ms. materials to determine if they should be review of natural substances contained Francine Torres at included on the National List of on the National List. The committee will [email protected]. Allowed and Prohibited Substances. report on its work for determining when FOR FURTHER INFORMATION CONTACT: The Accreditation, Certification, and a product is agricultural versus Richard Mathews, Associate Deputy Compliance Committee will discuss nonagricultural. The Handling Administrator, National Organic how to operationalize the peer review of Committee will also present, for NOSB Program, (202) 720–3252. NOP’s accreditation program. It will consideration, its recommendation on SUPPLEMENTARY INFORMATION: Section present, for NOSB consideration, its the following draft guidance documents: 2119 (7 U.S.C. 6518) of the Organic recommendation to expand the (1) The status of albumen for use in the
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clarification process of organic wine- opportunity to speak during the allotted Dated: February 4, 2005. making; (2) the calculation of percent time period and will help the NOSB to A. Ellen Terpstra, organic ingredients for the manufacture better manage the meeting and to Administrator, Foreign Agricultural Service. of organic tea; (3) the status of bitter accomplish its agenda. Individuals or [FR Doc. 05–2719 Filed 2–10–05; 8:45 am] orange as a natural processing aid used organizations will be given in or on organic processed products; approximately 5 minutes to present BILLING CODE 3410–10–P and (4) the organic certification of retail their views. All persons making an oral food establishments. presentation are requested to provide DEPARTMENT OF AGRICULTURE The Materials Committee will discuss their comments in writing. Written plans for identifying and prioritizing submissions may contain information Foreign Agricultural Service substances for sunset review. The other than that presented at the oral committee will present recommended presentation. Trade Adjustment Assistance for action plans for (1) establishing internal Written comments may also be Farmers procedures for NOSB sunset review of submitted at the meeting. Persons substances on the National List; (2) submitting written comments at the AGENCY: Foreign Agricultural Service, determining synthetic vs. non-synthetic meeting are asked to provide 30 copies. USDA. substances; and (3) determining the Interested persons may visit the ACTION: impact of various extraction methods on NOSB portion of the NOP Web site Notice. substances reviewed by the NOSB for http://www.ams.usda.gov/nop to view placement on the National List. The available documents prior to the The Administrator, Foreign committee will also recommend, for meeting. Approximately 6 weeks Agricultural Service (FAS), today NOSB consideration, the revised following the meeting interested accepted a petition filed by the Potato material review procedures developed persons will be able to visit the NOSB Growers of Idaho, Inc., Blackfoot, Idaho, by the NOP and Materials Committee. portion of the NOP Web site to view for trade adjustment assistance. The The Crops Committee will discuss documents from the meeting. petitioner represents producers of fresh priorities for the sunset review of potatoes in Idaho. The petitioner has substances used in organic crop Dated: February 8, 2005. requested a public hearing to review the production. It will also discuss the Kenneth C. Clayton, merits of the petition, which will be development of draft hydroponic Acting Administrator, Agricultural Marketing production standards. The Crops Service. held in Room 5066–S, South Committee will submit, for NOSB [FR Doc. 05–2731 Filed 2–8–05; 2:41 pm] Agricultural Building, Washington, DC, on March 2, 2005, at 11 a.m. e.t. consideration, draft guidance regarding BILLING CODE 3410–02–P the use of compost and compost tea and SUPPLEMENTARY INFORMATION: The the use of waxed boxes used for organic petition maintains that during production. The committee will submit DEPARTMENT OF AGRICULTURE September 2003 through July 2004, revisions to the ‘‘natural resource’’ Foreign Agricultural Service increasing imports of french fries sections of the NOSB organic farm plan, contributed importantly to a decline in to better address biodiversity and domestic fresh potato producer prices natural resource preservation Trade Adjustment Assistance for by more than 20 percent. To support requirements. The committee will also Farmers submit guidance on the assessment of their contention, the petitioner AGENCY: Foreign Agricultural Service, submitted price data from the Idaho commercial availability and equivalent USDA. varieties of organic seeds. Agricultural Statistics Office. Having Materials to be reviewed at the ACTION: Notice. accepted this petition, the meeting by the NOSB are as follows: for Administrator has 40 days to determine The Administrator, Foreign Crop Production: Soy Protein Isolate, whether or not producers represented Agricultural Service (FAS), today Ammonium Bicarbonate, and Ferric by the petitioner are eligible for trade accepted a petition filed by the A. Sam Phosphate. adjustment assistance. If the Farm Inc, Dunkirk, New York, for trade For further information, see http:// determination is positive, they will be adjustment assistance. The petitioner www.ams.usda.gov/nop. Copies of the eligible to apply to the Farm Service represents a group of cabbage producers NOSB meeting agenda can be requested Agency for technical assistance at no from Ms. Francine Torres by telephone in New York. The Administrator will determine within 40 days whether or cost and adjustment assistance at (202) 720–3252; or by accessing the payments. NOP Web site at http:// not imports of cabbages contributed www.ams.usda.gov/nop. importantly to a decline in domestic FOR FURTHER INFORMATION CONTACT: The meeting is open to the public. producer prices of more than 20 percent Jean-Louis Pajot, Coordinator, Trade during the marketing year period The NOSB has scheduled time for Adjustment Assistance for Farmers, beginning January 2003 through public input on Tuesday, March 1, FAS, USDA, (202) 720–2916, e-mail: December 2003. If the determination is 2005, 8 a.m. to 12 p.m.; and Thursday, [email protected]. March 3, 2005, 9 a.m. to 12 p.m. positive, all cabbage producers in New Individuals and organizations wishing York will be eligible to apply to the Dated: February 4, 2005. to make an oral presentation at the Farm Service Agency for technical A. Ellen Terpstra, meeting may forward their request by assistance at no cost and for adjustment Administrator, Foreign Agricultural Service. mail, facsimile, or e-mail to Ms. assistance payments. [FR Doc. 05–2718 Filed 2–10–05; 8:45 am] Francine Torres at addresses listed in FOR FURTHER INFORMATION CONTACT: BILLING CODE 3410–10–P ADDRESSES above. While persons Jean-Louis Pajot, Coordinator, Trade wishing to make a presentation may Adjustment Assistance for Farmers, sign up at the door, advance registration FAS, USDA, (202) 720–2916, e-mail: will ensure that a person has the [email protected].
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DEPARTMENT OF AGRICULTURE FOR FURTHER INFORMATION CONTACT: improving drainage where the roads are Larry Johnson, Environmental Planner, near stream channels. No harvest or Forest Service (307) 789–3194, or Kent O’Dell, Timber road construction would take place in Management Coordinator, (307) 782– inventoried roadless areas. Firelines West Bear Vegetation Management 6555, USDA Forest Service, Evanston would be constructed where needed Project; Wasatch-Cache National Ranger District (see ADDRESS above.) prior to burning to reduce the Forest, Summit County, UT SUPPLEMENTARY INFORMATION: probability of fire escaping the AGENCY: Forest Service, USDA. boundaries. Approximately 1.4 miles of Purpose and Need for Action firelines would be needed. ACTION: Revised notice of intent to The project purpose is to use timber In addition to the No Action prepare environmental impact harvest and prescribed fire meet Revised alternative, an alternative that would statement. Wasatch-Cache National Forest Plan reduce road construction and emphasize vegetation management objectives to prescribed fire without mechanical SUMMARY: The Forest Supervisor of the move toward properly functioning pretreatment is being considered. It Wasatch-Cache National Forest gives condition and to move toward a variety would treat approximately 1,384 acres notice of the agency’s intent to prepare of vegetation types, age classes, and within 28 tentative harvest units. It an environmental impact statement on a patch sizes covering the landscape and would require construction of proposal to manage forest land in the contributing to healthy watersheds, approximately 1.8 miles of temporary West Fork Bear River drainage. aquatic and terrestrial wildlife habitats, roads, 0.3 miles of intermittent service Temporary roads would be constructed recreation environments, and system road, and relocation of to provide access for timber harvest in production of commodities such as approximately 300 feet of an existing portions of the area. The proposal also wood and forage. The Revised Forest system road to reduce sedimentation includes reconstruction or relocation of Plan (Page 4–29) identified a need to and improve drainage. Temporary roads some poorly designed or located treat vegetation with the aspen, aspen/ would be recontoured/rehabilitated after existing roads. The headwaters of this conifer, spruce-fir and mixed conifer harvest as with the proposed action. An drainage are located on the Evanston forest types on the forest to maintain or estimated 6.4 miles of firelines would be Ranger District about 40 miles south of move the forests toward properly needed to accomplish the prescribed Evanston, Wyoming in the Uinta functioning condition. A forest-wide burning. Mountain Range. The proposed action assessment concluded that apsen Preliminary issue identified include was developed to meet Forest Plan communities as well as conifer, effects of the alternatives on threatened, vegetation management objectives for sagebrush and several other vegetation endangered and sensitive (TES) species, achieving forest vegetation composition, types are currently outside the historic land stability, erosion and structure, and patterns in properly range of variation, primarily related to sedimentation, fish and aquatic habitat, functioning condition. The analysis area the absence of naturally occurring fire. cultural resource sites, noxious weed includes approximately 16,000 acres. Proposed Action spread, and conflicts with recreational The proposal addresses lands located traffic. primarily in the Humpy Creek, Meadow The proposal to salvage includes Creek, West Bear and Mill City Creek timber harvesting, prescribed burning, Responsible Official drainages located in Township 1 North, construction of temporary roads, The Responsible Official is Thomas L. Ranges 9 East and 10 East, Salt Lake intermittent service roads, and minor Tidwell, Forest Supervisor, Wasatch- Meridian. reconstruction of existing system roads. Cache National Forest, 8236 Federal The first notice of intent was Treatment would involve group Building, 125 South State Street, Salt published on pages 12963–12964 of the selection harvest in spruce-fir and Lake City, UT 86138. Federal Register on March 20, 2002 mixed conifer stands, small (1 to 5 acre) Nature of Decision To Be Made (Volume 67, Number 54). The project patch cutting in mixed aspen/conifer was delayed due to other priorities stands, conifer removal and prescribed The decision to be made is whether to developing as the result of a large burning in aspen/conifer stands, and implement the proposed activities listed wildfire in the summer of 2002. burning with aspen stands. The above. proposal includes retaining green trees A determination of effects on Canada DATES: Comments concerning the scope and snags for wildlife habitat. lynx will be required from the U.S. Fish of the analysis must be received in Approximately 1,626 acres within 38 and Wildlife Service. writing by March 7, 2005. A draft units would be treated under the environmental impact statement is proposal. Harvests would be Scoping Process expected to be published in May 2005, accomplished using ground-based The Forest Service invites comments with public comment on the draft systems, and in conformance with and suggestions on the scope of the material requested for a period of 45 Forest Plan Standards and Guidelines. analysis to be included in the Draft days, and completion of a final Access to the timber would require the Environmental Impact Statement (DEIS). environmental impact statement is construction of approximately 7.2 miles In addition, the Forest Service gives expected in September, 2005. of temporary roads, 2.1 miles of notice that it is beginning a full ADDRESSES: Send written comments to intermittent service system roads, and environmental analysis and decision- Stephen Ryberg, District Ranger, relocation of approximately 0.6 miles of making process for this proposal so that Evanston Ranger District, PO Box 1880, existing system roads to reduce interested or affected people may know Evanston, WY. 82930. Electronic sedimentation and improve drainage. how they can participate in the comments must be submitted in a All temporary roads would be environmental analysis and contribute format such as an email message, plain recontoured/rehabilitated after harvest. to the final decision. Knowledge of the text (.txt), rich text format (.rtf), and Proposed reconstruction or relocation of issues will help establish the scope of Word (.doc) to comments-intermtn- existing roads would emphasize the Forest Service environmental wasatch-cache-evanston- improving drainage design of the roads analysis and define the kind and range [email protected]. near stream crossings and relocating or of alternatives to be considered. The
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Forest Service welcomes any public National Environmental Policy Act at 40 ACTION: Notice of intent. comments on the proposal. CFR 1503.3 in addressing these points. SUMMARY: Pursuant to the National Early Notice of Importance of Public (Authority: 40 CFR 1501.7 and 1508.22; Environmental Policy Act (NEPA) of Participation in Subsequent Forest Service Handbook 1909.15, Section 21) 1969, as amended, the U.S. Department Environmental Review of Agriculture (USDA), Natural A draft environmental impact Dated: February 7, 2005. Resources Conservation Service (NRCS), statement will be prepared for comment. Thomas L. Tidwell, Utah State Office, announces its The comment period on the draft Forest Supervisor. intention to prepare an environmental environmental impact statement will be [FR Doc. 05–2672 Filed 2–10–05; 8:45 am] impact statement (EIS) to evaluate the 45 days from the date the BILLING CODE 3410–11–M impacts of floodplain and stream Environmental Protection Agency’s channel modifications in the Coal Creek notice of availability appears in the Watershed. A plan would be developed Federal Register. It is very important DEPARTMENT OF AGRICULTURE to reduce safety risks and property that those interested in this proposed damage caused by flooding of Cedar Forest Service action participate at that time. To be the City and agricultural lands, improve water quality, and address related most helpful, comments on the draft Notice of Tri-County Advisory resource and amenity issues for the environmental impact statement should Committee Meeting be as specific as possible and may community. The EIS will analyze the address the adequacy of the statement or AGENCY: Forest Service, USDA. potential environmental and the merits of the alternatives discussed. ACTION: Notice of meeting. socioeconomic impacts of alternatives to The Forest Service believes, at this the human environment, as identified in early stage, it is important to give SUMMARY: Pursuant to the authorities in the NEPA planning process, including reviewers notice of several court rulings the Federal Advisory Committee Act any structural and non-structural related to public participation in the (Pub. L. 92–463) and under the Secure measures that would address resource environmental review process. First, Rural Schools and Community Self- concerns in Coal Creek floodplain. reviewers of draft environmental impact Determination Act of 2000 (Pub. L. 106– The purpose of this notice is to statements must structure their 393) the Beaverhead-Deerlodge National request participation and invite participation in the environmental Forest’s Tri-County Resource Advisory comments from all those individuals review of the proposal so that it is Committee will meet on Thursday, and organizations interested in the meaningful and alerts an agency to the March 3, 2005, from 4 p.m. to 8 p.m. in development of the EIS. reviewer’s position and contentions. Deer Lodge, Montana, for a business Proposed Action: The section of Coal Vermont Yankee Nuclear Power Corp. v. meeting. The meeting is open to the Creek that traverses through Cedar City, NRDC, 435 U.S. 519, 553 (1978). Also, public. Utah has channel stability and capacity environmental objections that could be DATES: Thursday, March 3, 2005. deficiencies that pose a threat to raised at the draft environmental impact ADDRESSES: The meeting will be held at existing infrastructure and statement stage but that are not raised the USDA Service Center, 1002 development. Typical summer, fall, and until after completion of the final Hollenback Road, Deer Lodge, Montana. winter discharges through this section of Coal Creek range from 5 to 15 cubic environmental impact statement may be FOR FURTHER INFORMATION CONTACT: waived or dismissed by the courts. City Thomas K. Reilly, Designated Forest feet per second (cfs). However, intense of Angoon v. Hodel, 803 F.2d 1016, Official (DFO), Forest Supervisor, summer cloudburst events centered in 1022 (9th Cir. 1986) and Wisconsin Beaverhead-Deerlodge National Forest, the upper Coal Creek watershed during Heritages, Inc. v. Harris, 490 F. Supp. at (406) 683–3973. the past 100 years have resulted in 1334, 1338 (E.D. Wis. 1980). Because of several flood events with peak SUPPLEMENTARY INFORMATION: Agenda these court rulings, it is very important discharges of between 4,000 and 5,000 topics for this meeting includes a review that those interested in this proposed cfs. The peak snowmelt event on record of projects approved and proposed for action participate by the close of the 30- is approximately 1,800 cfs. funding as authorized under Title II of day comment period so that substantive The NRCS, in cooperation with Cedar Public Law 106–393, new proposals for comments and objections are made City, proposes to modify portions of the funding, review of a community fire available to the Forest Service at a time Coal Creek channel that are located east plan, and public comment. If the of Interstate 15 within the corporate when it can meaningfully consider them meeting location is changed, notice will limits of Cedar City. Channel and respond to them in the final be posted in local newspapers, modifications are needed to protect environmental impact statement. including The Montana Standard. To assist the Forest Service in existing infrastructure and development identifying and considering issues and Dated: February 7, 2005. from damage or loss caused by bank concerns on the proposed action, Thomas K. Reilly, erosion or flood water from a 100-year comments on the draft environmental Forest Supervisor. flood event and to eliminate the portion impact statement should be as specific [FR Doc. 05–2670 Filed 2–10–05; 8:45 am] of the 100-year floodplain located as possible. It is also helpful if BILLING CODE 3410–11–M outside the stream channel, as defined comments refer to specific pages or on existing Federal Emergency chapters of the draft statement. Management Agency (FEMA) flood Comments may also address the DEPARTMENT OF AGRICULTURE hazard boundary maps. In conjunction adequacy of the draft environmental with needed channel improvements, impact statement or the merits of the Natural Resources Conservation one or more irrigation diversion alternatives formulated and discussed in Service structures on Coal Creek may have to be the statement. Reviewers may wish to Notice of Intent relocated upstream from their current refer to the Council on Environmental locations to eliminate existing flooding Quality Regulations for implementing AGENCY: Natural Resources hazards. It is an NRCS goal to construct the procedural provisions of the Conservation Service, USDA. new diversion facilities that will
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improve irrigation water quality by written response to all comments DEPARTMENT OF AGRICULTURE removing sediment from irrigation water received and will consider the issues after it is diverted from Coal Creek. presented for study and possible Rural Housing Service NRCS will also consider the option of inclusion in the EIS. The public Notice of Funds Availability (NOFA) locating the new diversion facilities to participation plan describes Inviting Applications for the Rural allow a pressurized irrigation system to responsibilities and outreach Community Development Initiative be constructed in the future. New opportunities in this process. pipeline facilities would need to be (RCDI) Date Scoping Comments are Due: constructed as part of this project from AGENCY: Rural Housing Service, USDA. any new diversion facilities to the heads Comments may be submitted by regular ACTION: of the existing canals where the existing mail, facsimile, or E-mail until 5 p.m. Notice; correction/deadline diversions are located. In addition to the MST, March 21, 2005. Written extension. comments submitted by regular mail flood control and irrigation system SUMMARY: The Rural Housing Service improvements, NRCS and Cedar City should be postmarked by March 21, (RHS) is correcting a notice published propose to design and construct a trail 2005, to ensure full consideration. October 27, 2004 (69 FR 62639–62648). system and other Parkway (Note: The scoping period will continue This action is taken to correct the improvements adjacent to the Coal for a period of 30 calendar days after the program requirement and eligibility Creek Channel that would enhance issuance date of this NOI.) Comments criteria for the location of the low- aesthetic values and provide postmarked after this date will be income rural community office that will recreational opportunities for considered to the extent practicable. be receiving the financial and technical community residents and visitors. assistance. This correction provides Public Participation: The NRCS Scoping Meeting: A public scoping clarification to applicants on how to invites full public participation to meeting/open house will be held determine 80 percent of the median promote open communication and Thursday, March 10, 2005, to provide household income for a low-income better decision-making. All persons and information on Coal Creek planning community location. This correction organizations that have an interest in activities conducted to date, give the also extends the application deadline the Coal Creek watershed and opportunity to discuss the issues and date from January 25, 2005, to February floodplain as it impacts Cedar City are alternatives that should be covered in 25, 2005. urged to participate in the NEPA the Draft EIS, and to receive oral and environmental analysis process. written comments. The open house will Accordingly, the notice published October 27, 2004 (69 FR 62639–62648), Assistance will be provided as be held from 4 p.m. to 8 p.m. at the is corrected as follows: On page 62640, necessary to anyone having difficulty in Cedar City Public Library, 303 North in the second column, under the determining how to participate. A 100 East, Cedar City, Utah. Public Involvement Plan (PIP) has been heading Program Requirements, number developed and will be followed. EFFECTIVE DATE: February 18, 2005. 1 should read: ‘‘1. The recipient and Public comments are welcomed beneficiary, but not the intermediary FOR FURTHER INFORMATION CONTACT: must be located in an eligible rural area. throughout the NEPA process. Comments on what the public wishes to Opportunities for public participation The location of the low-income rural be analyzed or addressed within the community office that will be receiving include: (1) The EIS scoping period Draft EIS should be mailed to: Marnie when comments on the NRCS proposal the financial and technical assistance Wilson, Coal Creek EIS, USDA—NRCS, will be solicited through various media must be in a community with a median and at a public meeting to be held in Wallace F. Bennett Federal Building, household income at or below, 80 Cedar City, Utah, March 10, 2005; (2) 125 South State Street, Room 4402, Salt percent of the State or national median the 45-day review and comment period Lake City, UT 84138–1100. Project household income. The applicable Rural for the published Draft EIS; and (3) for information is also available on the Development State Office can assist in 30 days after publication of the Final Internet at: http://www.ut.nrcs.usda.gov determining the eligibility of an area. A EIS. under Public Notices. listing of Rural Development State Scoping Process: Public participation Comments may also be submitted by Offices is included in this Notice.’’ is requested throughout the scoping sending a facsimile to (801) 524–4593, On page 62640, in the third column, process. The NRCS is soliciting or by E-mail to under the heading Program comments from the public indicating [email protected] (please Requirements, number 3 should read: ‘‘3. Documentation must be submitted to what issues and impacts the public include the words ‘‘Coal Creek believes should be encompassed within verify recipient eligibility. Acceptable Comment’’ in the subject line of the E- the scope of the EIS analysis, voicing documentation varies depending on the mail). Respondents should provide any concerns they might have about the type of recipient: Private nonprofit identified resource protection measures, mailing address information and an community-based housing and and submitting any ideas they might indication of wanting to be included on development organizations must have for addressing risks to life and the EIS mailing list. All individuals on provide a letter confirming its tax- property in the Coal Creek floodplain. the mailing list will receive a copy of exempt status from the IRS, a certificate Other opportunities for public input the Draft EIS. of incorporation and good standing from include: (1) Once the Notice of Signed in Salt Lake City, Utah on February the Secretary of State, or other similar Availability (NOA) of the Draft EIS is 1, 2005. and valid documentation of nonprofit published in the Federal Register, Sylvia A. Gillen, status; for low-income rural community comments will be accepted on the Draft recipients, the Agency requires: (a) State Conservationist. EIS for a period of not less than 45 days, evidence the entity is a public body, and and (2) once the Final EIS is published [FR Doc. 05–2663 Filed 2–10–05; 8:45 am] (b) census data verifying that the in the Federal Register; comments will BILLING CODE 3410–16–P median household income of the be accepted for a period of not less than community where the office receiving 30 days. The NRCS will provide a the financial and technical assistance is
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located is at, or below, 80 percent of the and December 10, 2004, the Committee Products Acquisition Center, New York, State or national median household for Purchase From People Who Are NY. income; for federally recognized tribes, Blind or Severely Disabled published Services the Agency needs the page listing their notices (69 FR 68875, 70223, 71777) of Service Type/Location: Grounds name from the current Federal Register proposed additions to the Procurement Maintenance, Basewide, F.E. Warren list of tribal entities recognized and List. After consideration of the material AFB, Wyoming. eligible for funding services (see the presented to it concerning capability of NPA: Pre-Vocational Training Center, definition of federally recognized tribes qualified nonprofit agencies to provide Spokane, WA. for details on this list).’’ the products and services and impact of Contracting Activity: AFSPACOM–Warren On page 62639, in the second column, the additions on the current or most AFB, F.E. Warren AFB, Wyoming. under the heading Dates paragraph recent contractors, the Committee has This action does not affect current should read: ‘‘The deadline for receipt determined that the products and contracts awarded prior to the effective of an application is 4 p.m. eastern time services listed below are suitable for date of this addition or options that may February 25, 2005. The application date procurement by the Federal Government be exercised under those contracts. and time are firm. The Agency will not under 41 U.S.C. 46–48c and 41 CFR 51– Sheryl D. Kennerly, consider any application received after 2.4. the deadline.’’ Director, Information Management. On page 62642, in the third column, Regulatory Flexibility Act Certification [FR Doc. 05–2716 Filed 2–10–05; 8:45 am] under the heading Submission Dates I certify that the following action will BILLING CODE 6353–01–P and Times the second paragraph should not have a significant impact on a read: ‘‘The deadline for receipt of an substantial number of small entities. COMMITTEE FOR PURCHASE FROM application is 4 p.m. eastern time on The major factors considered for this PEOPLE WHO ARE BLIND OR February 25, 2005. The application certification were: SEVERELY DISABLED deadline date and hour are firm and 1. The action will not result in any apply to submission of the original additional reporting, recordkeeping or Procurement List Proposed Additions application to the National Office in other compliance requirements for small Washington, DC. The Agency will not entities other than the small AGENCY: Committee for Purchase from consider any application received after organizations that will furnish the People Who Are Blind or Severely the deadline. A listing of Rural products and services to the Disabled. Development State Offices, their Government. ACTION: Proposed additions to addresses, telephone numbers, and 2. The action will result in Procurement List. person to contact is provided elsewhere authorizing small entities to furnish the SUMMARY: in this Notice.’’ products and services to the The Committee is proposing Government. to add to the Procurement List services Dated: February 4, 2005. to be furnished by nonprofit agencies 3. There are no known regulatory Russell T. Davis, employing persons who are blind or alternatives which would accomplish Administrator, Rural Housing Service. have other severe disabilities. the objectives of the Javits-Wagner- [FR Doc. 05–2706 Filed 2–10–05; 8:45 am] Comments Must be Received on or O’Day Act (41 U.S.C. 46–48c) in Before: March 13, 2005. BILLING CODE 3410–XV–P connection with the products and ADDRESSES: services proposed for addition to the Committee for Purchase From People Who Are Blind or Severely Procurement List. COMMITTEE FOR PURCHASE FROM Disabled, Jefferson Plaza 2, Suite 10800, PEOPLE WHO ARE BLIND OR End of Certification 1421 Jefferson Davis Highway, SEVERELY DISABLED Accordingly, the following products Arlington, Virginia, 22202–3259. and services are added to the FOR FURTHER INFORMATION CONTACT: Procurement List Additions Procurement List: Sheryl D. Kennerly, Telephone: (703) 603–7740, Fax: (703) 603–0655, or email AGENCY: Committee for Purchase from Products People Who Are Blind or Severely [email protected]. Product/NSN: Binder, Loose-leaf; Disabled. SUPPLEMENTARY INFORMATION: This 7510–01–272–3231; notice is published pursuant to 41 U.S.C ACTION: Additions to Procurement List. 7510–01–283–5273. 47(a) (2) and 41 CFR 51–2.3. Its purpose NPA: South Texas Lighthouse for the Blind, SUMMARY: This action adds to the Corpus Christi, TX. is to provide interested persons an Procurement List products and services Contracting Activity: Office Supplies & Paper opportunity to submit comments on the to be furnished by nonprofit agencies Products Acquisition Center, New York, proposed actions. employing persons who are blind or NY. If the Committee approves the have other severe disabilities. Product/NSN: Cap, Baseball, Navy; proposed additions, the entities of the EFFECTIVE DATE: March 13, 2005. 8415–01–487–5148. Federal Government identified in the NPA: National Center for Employment of the notice for each service will be required ADDRESSES: Committee for Purchase Disabled, El Paso, TX. to procure the services listed below From People Who Are Blind or Severely Contracting Activity: Defense Supply Center from nonprofit agencies employing Disabled, Jefferson Plaza 2, Suite 10800, Philadelphia, Philadelphia, PA. persons who are blind or have other 1421 Jefferson Davis Highway, Product/NSN: Eraser, Whiteboard; severe disabilities. Arlington, Virginia, 22202–3259. 7510–01–316–6213. FOR FURTHER INFORMATION CONTACT: Product/NSN: Kit, Dry Erase Marker (12); Regulatory Flexibility Act Certification Sheryl D. Kennerly, Telephone: (703) 7520–01–365–6126. Product/NSN: Kit, Dry Erase Marker (6); I certify that the following action will 603–7740, Fax: (703) 603–0655, or e- 7520–01–352–7321. not have a significant impact on a mail [email protected]. NPA: Dallas Lighthouse for the Blind, Inc., substantial number of small entities. SUPPLEMENTARY INFORMATION: On Dallas, TX. The major factors considered for this November 26, 2004, December 3, 2004, Contracting Activity: Office Supplies & Paper certification were:
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1. If approved, the action will not BROADCASTING BOARD OF project to be undertaken by the result in any additional reporting, GOVERNORS Commission during FY 2005, 2006 recordkeeping or other compliance and 2007 requirements for small entities other Sunshine Act Meeting VI. Future Agenda Items than the small organizations that will FOR FURTHER INFORMATION CONTACT: DATE AND TIME: February 16, 2005 10:30 furnish the services to the Government. Kenneth L. Marcus, Press and a.m.—12 p.m. Communications (202) 376–7700. 2. If approved, the action will result PLACE: Office of Cuba Broadcasting, in authorizing small entities to furnish 4201 NW 77th Ave., Miami, FL 33166. Debra A. Carr, the services to the Government. General Counsel. Closed Meeting 3. There are no known regulatory [FR Doc. 05–2845 Filed 2–9–05; 4:01 pm] alternatives which would accomplish The members of the Broadcasting BILLING CODE 6335–01–M the objectives of the Javits-Wagner- Board of Governors (BBG) will meet in O’Day Act (41 U.S.C. 46–48c) in closed session to review and discuss a connection with the services proposed number of issues relating to U.S. DEPARTMENT OF COMMERCE for addition to the Procurement List. Government-funded non-military international broadcasting. They will Bureau of Economic Analysis Comments on this certification are address internal procedural, budgetary, invited. Commenters should identify the and personnel issues, as well as Institutional Remittances to Foreign statement(s) underlying the certification sensitive foreign policy issues relating Countries on which they are providing additional to potential options in the U.S. information. international broadcasting field. This ACTION: Proposed collection; comment meeting is closed because if open it request. (End of Certification) likely would either disclose matters that would be properly classified to be kept SUMMARY: The Department of The following services are proposed Commerce, as part of its continuing for addition to Procurement List for secret in the interest of foreign policy under the appropriate executive order (5 effort to reduce paperwork and production by the nonprofit agencies respondent burden, invites the general listed: U.S.C. 552b. (c)(1) or would disclose information the premature disclosure of public and other Federal agencies to Services which would be likely to significantly comment on proposed and/or continuing information collections, as Service Type/Location: Grounds frustrate implementation of a proposed required by the Paperwork Reduction Maintenance; agency action. (5 U.S.C. 552b. (c)(9)(B)) Act of 1995, Public Law 104–13 (44 VA Medical Center, Omaha, NE. In addition, part of the discussion will NPA: Goodwill Specialty Services, Inc., relate solely to the internal personnel U.S.C. 3506(c)(2)(A)). Omaha, NE. and organizational issues of the BBG or DATES: Written comments must be Contracting Activity: VA Medical Center the International Broadcasting Bureau. submitted on or before April 12, 2005. Nebraska-West Iowa Health Care System, (5 U.S.C. 552b. (c)(2) and (6)) ADDRESSES: Direct all written comments Omaha, Nebraska. FOR FURTHER INFORMATION CONTACT: to Diana Hynek, Departmental Service Type/Location: Medical Persons interested in obtaining more Paperwork Clearance Officer, Transcription; information should contact either Department of Commerce, Room 6625, Veterans Affairs Medical Center, Loma Brenda Hardnett or Carol Booker at 14th and Constitution Avenue, NW., Linda, CA. (202) 203–4545. Washington, DC 20230 (or via the NPA: National Telecommuting Institute, Inc., Internet at [email protected]). Boston, MA. Dated: February 8, 2005. Carol Booker, FOR FURTHER INFORMATION CONTACT: Contracting Activity: VA, Network Business Michael Mann, Chief, Current Account Legal Counsel. Center (664/NBC/MP), San Diego, CA. Services Branch, Balance of Payments Service Type/Location: Medical [FR Doc. 05–2769 Filed 2–9–05; 10:07 am] Division (BE–58), Bureau of Economic Transcription; BILLING CODE 8230–01–M Analysis, U.S. Department of Veterans Affairs Medical Center, Long Commerce, Washington, DC 20230; Beach, CA. phone: (202) 606–9573; fax: (202) 606– NPA: National Telecommuting Institute, Inc., COMMISSION ON CIVIL RIGHTS 5314; or via the Internet at Boston, MA. [email protected]. Contracting Activity: VA Network Business Sunshine Act Notice Center (664/NBC/MP), San Diego, CA. SUPPLEMENTARY INFORMATION: Service Type/Location: Medical DATE AND TIME: Friday, February 18, I. Abstract Transcription; 2005, 9:30 a.m. Veterans Affairs Medical Center, San PLACE: U.S. Commission on Civil Rights, The Bureau of Economic Analysis Diego, CA. 649 9th Street, NW., Room 540, (BEA) is responsible for the compilation NPA: National Telecommuting Institute, Inc., Washington, DC 20425. of the U.S. international transactions Boston, MA. STATUS: accounts (ITA’s), which it publishes Contracting Activity: VA Network Business quarterly in news releases, on its Web Center (664/NBC/MP), San Diego, CA. Agenda site, and in its monthly journal, the Survey of Current Business. These Sheryl D. Kennerly, I. Approval of Agenda II. Approval of Minutes of January 7, accounts provide a statistical summary Director, Information Management. 2005 Meeting of all U.S. international transactions [FR Doc. 05–2717 Filed 2–10–05; 8:45 am] III. Announcements and, as such, are one of the major BILLING CODE 6353–01–P IV. Staff Director’s Report statistical products of BEA. They are V. Program Planning used extensively by both government • Consideration of proposals for and private organizations for national
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and international economic policy IV. Request for Comments I. Abstract formulation and for analytical purposes. Comments are invited on: (a) Whether The Bureau of Economic Analysis The information collected in this survey the proposed collection of information (BEA) is requesting OMB approval to is used to develop the ‘‘private is necessary for the proper performance conduct a variety of small-scale remittances’’ portion of the ITA’s. of the functions of the agency, including questionnaire pretesting activities under Without this information, an integral whether the information will have this generic clearance. A block of hours component of the ITA’s would be practical utility; (b) the accuracy of the will be dedicated to these activities for omitted. No other Government agency agency’s estimate of burden (including each of the next three years. OMB will collects comprehensive data on private hours and cost) of the proposed be informed in writing of the purpose unilateral transfers of funds to foreign collection of information; (c) ways to and scope of each of these activities, as countries. enhance the quality, utility, and clarity well as the time frame and the number The survey requests information from of the information to be collected; and of burden hours used. The number of U.S. religious, charitable, educational, (d) ways to minimize the burden of the hours used will not exceed the number scientific, and similar organizations on collection of information on set aside for this purpose. transfers to foreign residents and their respondents, including through the use This research program will be used by expenditures in foreign countries. The of automated collection techniques or BEA to improve questionnaires and information is collected on a quarterly other forms of information technology. procedures, reduce respondent burden, basis from organizations remitting $1 Comments submitted in response to improve sample frames, and ultimately million or more each year and annually this notice will be summarized and/or increase the quality of data collected in for organizations remitting at least included in the request for OMB the bureau’s surveys. The clearance will $25,000 but less than $1 million each approval of this information collection; be used to conduct pretesting of surveys year. Organizations with remittances of they also will become a matter of public conducted by BEA prior to mailing the less than $25,000 each year are exempt record. final survey packages to potential from reporting. The survey is voluntary. Dated: February 8, 2005. respondents. Pretesting activities will BEA is proposing a minor revision to Madeleine Clayton, involve methods for identifying Form BE–40 to change ‘‘Other problems with the questionnaire or International Nations’’ on the ‘‘area/ Management Analyst, Office of the Chief Information Officer. survey procedure such as the following: country’’ list to ‘‘Other International cognitive interviews, focus groups, [FR Doc. 05–2693 Filed 2–10–05; 8:45 am] Organizations.’’ respondent debriefing, behavior coding BILLING CODE 3510–EA–P II. Method of Collection of respondent/ interviewer interaction, split panel tests, voluntary sample Survey forms are mailed to potential surveys (including automated surveys). respondents in January of each year; DEPARTMENT OF COMMERCE respondents expected to file on a II. Method of Collection Bureau of Economic Analysis quarterly basis are sent multiple copies. Any of the following methods may be Quarterly reports are due 30 days after Generic Clearance for Pretesting used: Mail, telephone, face-to-face, the close of each calendar or fiscal Research paper-and-pencil, or Internet. quarter and annual reports are due 90 III. Data days after the close of the calendar or ACTION: Proposed collection; comment fiscal year. Potential respondents are request. OMB Number: Will be assigned by U.S. religious, charitable, educational, OMB. scientific, and similar organizations that SUMMARY: The Department of Form Number: Various. voluntarily agree to provide data Commerce, as part of its continuing Type of Review: Regular submission. regarding transfers of cash grants to effort to reduce paperwork and Affected Public: Businesses or other foreign countries and their expenditures respondent burden, invites the general for-profit organizations, Not-for-profit in foreign countries. public and other Federal agencies to institutions, and State, Local or Tribal comment on proposed and/or Government. III. Data continuing information collections, as Estimated Number of Respondents: OMB Number: 0608–0002. required by the Paperwork Reduction 5,000 annually. Form Number: BE–40. Act of 1995, Public Law 104–13 (44 Estimated Time Per Respondent: One Type of Review: Regular submission. U.S.C. 3506(c)(2)(A)). hour. Affected Public: Not-for-profit DATES: Written comments must be Estimated Total Annual Burden institutions. submitted on or before April 12, 2005. Hours: 5,000. Estimated Total Annual Cost: There is Estimated Number of Respondents: ADDRESSES: Direct all written comments no cost to respondents, except for their 790. to Diana Hynek, Departmental time to complete the questionnaire, or Estimated Time Per Response: 1.5 Paperwork Clearance Officer, take part in interviews. hours annually for respondents filing Department of Commerce, Room 6625, Respondent Obligation: Voluntary. annually, 6.0 hours annually for 14th and Constitution Avenue, NW., respondents filing quarterly. Washington, DC 20230 (or via the IV. Request for Comments Estimated Total Annual Burden Internet at [email protected]). Comments are invited on: (a) Whether Hours: 2,100 hours. FOR FURTHER INFORMATION CONTACT: Obie the proposed collection of information Estimated Total Annual Cost: $84,000 G. Whichard, Chief, International is necessary for the proper performance based on an estimated reporting burden Investment Division (BE–50), Bureau of of the functions of the agency, including of 2,100 hours and an estimated hourly Economic Analysis, U.S. Department of whether the information will have cost of $40. Commerce, Washington, DC 20230; practical utility; (b) the accuracy of the Respondent’s Obligation: Voluntary. phone (202) 606–9890 (or via the agency’s estimate of the burden Legal Authority: Bretton Woods Agreement Internet at [email protected]). (including hours and cost) of the Act, Section 8, and E.O. 10033, as amended. SUPPLEMENTARY INFORMATION: proposed collection of information; (c)
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ways to enhance the quality, utility, and the PECSEA. Written statements may be the Department may extend the clarity of the information to be submitted at any time before or after the deadline for completion of the final collected; and (d) ways to minimize the meeting. However, to facilitate results of an administrative review if it burden of the collection of information distribution of public presentation determines that it is not practicable to on respondents, including through the materials to PECSEA members, the complete the final results within the use of automated collection techniques PECSEA suggests that public statutory time limit of 120 days from the or other forms of information presentation materials or comments be date on which the preliminary results technology. forwarded before the meeting to Ms. Lee were published. Completion of the final Comments submitted in response to Ann Carpenter at [email protected]. results within the 120-day period is not this notice will be summarized and/or A Notice of Determination to close practicable because the Department is included in the request for OMB meetings, or portions of meetings, of the considering a withdrawal of request for approval of this information collection; PECSEA to the public on the basis of 5 review submitted by the only party they will also become a matter of public U.S.C. 522(c)(1) was approved on which requested this review. Therefore, record. October 8, 2003, in accordance with the the Department is extending the time Dated: February 8, 2005. Federal Advisory Committee Act. limit for the completion of these final For more information, call Ms. Madeleine Clayton, results by 30 days. Accordingly, the Carpenter on (202) 482–2583. final results of this review will now be Management Analyst, Office of the Chief Information Officer. Dated: February 8, 2005. due on March 7, 2005, since March 6, Matthew S. Borman, 2005 is a weekend day. [FR Doc. 05–2694 Filed 2–10–05; 8:45 am] This notice is published in BILLING CODE 3510–06–P Deputy Assistant Secretary for Export Administration. accordance with section 751(a)(3)(A) of the Act and section 19 CFR [FR Doc. 05–2673 Filed 2–10–05; 8:45 am] DEPARTMENT OF COMMERCE 351.213(h)(2) of the Department’s BILLING CODE 3510–JT–M regulations. Bureau of Industry and Security Dated: February 4, 2005. DEPARTMENT OF COMMERCE Barbara E. Tillman, President’s Export Council Acting Deputy Assistant Secretary for Import Subcommittee on Export International Trade Administration Administration. Administration: Notice of Partially [FR Doc. E5–574 Filed 2–10–05; 8:45 am] Closed Meeting [A–485–803] BILLING CODE 3510–DS–P The President’s Export Council Notice of Extension of Time Limit for Subcommittee on Export the Final Results of Antidumping Duty Administration (PECSEA) will meet on Administrative Review: Certain Cut-To- DEPARTMENT OF COMMERCE March 8, 2005, 10 a.m., at the U.S. Length Carbon Steel Plate From International Trade Administration Department of Commerce, Herbert C. Romania [A–570–848] Hoover Building, Room 4832, 14th AGENCY: Import Administration, Street between Pennsylvania and International Trade Administration, Freshwater Crawfish Tail Meat From Constitution Avenues, NW., Department of Commerce. Washington, DC. The PECSEA provides the People’s Republic of China: Partial EFFECTIVE DATE: February 11, 2005. advice on matters pertinent to those Rescission of Antidumping Duty portions of the Export Administration FOR FURTHER INFORMATION CONTACT: Administrative Review Act, as amended, that deal with United Brandon Farlander at (202) 482–0182 or Abdelali Elouaradia at (202) 482–1374, AGENCY: Import Administration, States policies of encouraging trade with International Trade Administration, all countries with which the United AD/CVD Operations, Office 7, Import Administration, International Trade Department of Commerce. States has diplomatic or trading SUMMARY: In response to a request from relations and of controlling trade for Administration, U.S. Department of Commerce, 14th Street and Constitution the Crawfish Processors Alliance national security and foreign policy (‘‘Petitioners’’), the Department of reasons. Avenue, NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: On Commerce initiated an administrative Public Session January 11, 2005, the Department of review of the antidumping duty order on freshwater crawfish tail meat from 1. Opening remarks by the Chairman. Commerce (‘‘the Department’’) 2. Bureau of Industry and Security published in the Federal Register a the People’s Republic of China (‘‘PRC’’) (BIS) and Export Administration update. notice extending the final results of the for entries of subject merchandise by 3. Export Enforcement update. administrative review of the Qingdao Xiyuan Refrigerate Food Co., 4. Presentation of papers or comments antidumping duty order on certain cut- Ltd. (‘‘Qingdao Xiyuan’’). The period of by the public. to-length carbon steel plate from review is September 1, 2003, through Romania by 30 days until no later than August 31, 2004. We are now rescinding Closed Session February 4, 2005. See Notice of the administrative review with respect 5. Discussion of matters properly Extension of Time Limit for the Final to Qingdao Xiyuan, as a result of classified under Executive Order 12958, Results of Antidumping Duty petitioners’ withdrawal of its request for dealing with the U.S. export control Administrative Review: Certain Cut-to- review of this company. program and strategic criteria related Length Carbon Steel Plate From EFFECTIVE DATE: February 11, 2005. thereto. Romania, 70 FR 1867 (January 11, 2005). FOR FURTHER INFORMATION CONTACT: Scot A limited number of seats will be Fullerton or Carrie Blozy, AD/CVD available for the public session. Extension of Time Limit for Final Operations, Office 9, Import Reservations are not accepted. To the Results Administration, International Trade extent time permits, members of the Section 751(a)(3)(A) of the Tariff Act, Administration, U.S. Department of public may present oral statements to as amended (‘‘the Act’’), provides that Commerce, 14th Street and Constitution
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Avenue, NW. Washington, DC 20230; date of publication of the notice of ACTION: Initiation of Antidumping Duty telephone: (202) 482–1386 and (202) initiation of the requested review. The Investigation. 482–5403, respectively. Department’s regulations further SUPPLEMENTARY INFORMATION: provide that the Secretary may extend EFFECTIVE DATE: February 11, 2005. this time limit if the Secretary FOR FURTHER INFORMATION CONTACT: Background determines that it is reasonable to do so. Elizabeth Eastwood or Jill Pollack at On September 1, 2004, the Petitioners made a timely withdrawal of (202) 482–3874 or (202) 482–4593, Department published a notice of its request for an administrative review respectively; Import Administration, opportunity to request an administrative and the Department has granted the International Trade Administration, review of the antidumping duty order request to rescind the review because U.S. Department of Commerce, 14th on freshwater crawfish tail meat from petitioners were the only party to Street and Constitution Avenue, NW., the PRC. See Antidumping or request the review. The Department will Washington, DC 20230. Countervailing Duty Order, Finding, or issue assessment instructions to U.S. Initiation of Investigation: The Petition Suspended Investigation; Opportunity Customs and Border Protection within to Request Administrative Review, 69 15 days of publication of this notice. On December 27, 2004, the FR 53407 (September 1, 2004). On Department of Commerce (the October 22, 2004, pursuant to a request Notification to Importers and Interested Department) received a petition filed in made by petitioners, the Department Parties proper form by Florida Citrus Mutual, initiated an administrative review of the This notice serves as a final reminder A. Duda & Sons, Inc. (doing business as antidumping duty order on freshwater to importers of their responsibility Citrus Belle), Citrus World, Inc., Peace crawfish tail meat from the PRC with under 19 CFR 351.402(f) to file a River Citrus Products, Inc.,1 and respect to, among other companies, certificate regarding the reimbursement Southern Garden Citrus Processing Qingdao Xiyuan. See Initiation of of antidumping duties prior to Corporation (doing business as Southern Antidumping and Countervailing Duty liquidation of the relevant entries Gardens) (collectively, ‘‘the Administrative Reviews, 69 FR 62022 during this review period. Failure to petitioners’’). The petitioners filed (October 22, 2004). On January 10, 2005, comply with this requirement could amendments to the petition on petitioners withdrew their request for an result in the Secretary’s presumption December 29, 2004, January 6, 7, 11, 12, administrative review of freshwater that reimbursement of antidumping 14, 31, and February 2, 3, and 7, 2005. crawfish tail meat from the PRC with duties occurred and subsequent In order to evaluate further the issue of respect to Qingdao Xiyuan. assessment of double antidumping industry support, on January 25, 2005, Scope of the Order duties. the Department published a notice in This notice also serves as a reminder the Federal Register extending the 20- The product covered by this to parties subject to administrative day initiation determination deadline antidumping duty order is freshwater protective order (APO) of their and requesting information from crawfish tail meat, in all its forms responsibility concerning the domestic growers of round oranges for (whether washed or with fat on, disposition of proprietary information processing and producers of certain whether purged or unpurged), grades, disclosed under APO in accordance orange juice. See Notice of Request for and sizes; whether frozen, fresh, or with 19 CFR 351.305(a)(3). Timely Information and Extension of Time: chilled; and regardless of how it is written notification of the return/ Certain Orange Juice From Brazil, 70 FR packed, preserved, or prepared. destruction of APO materials or 3510 (Jan. 25, 2005) (Extension Notice). Excluded from the scope of the order are conversion to judicial protective order is In accordance with section 732(b)(1) live crawfish and other whole crawfish, hereby requested. Failure to comply of the Tariff Act of 1930, as amended whether boiled, frozen, fresh, or chilled. with the regulations and the terms of an (the Act), the petitioners allege that Also excluded are saltwater crawfish of APO is a sanctionable violation. imports of certain orange juice from any type, and parts thereof. Freshwater This rescission notice is published in Brazil are, or are likely to be, sold in the crawfish tail meat is currently accordance with sections 777(i) of the United States at less than fair value classifiable in the Harmonized Tariff Tariff Act of 1930, as amended, and 19 within the meaning of section 731 of the Schedule of the United States (HTS) CFR 351.213(d)(4). Act, and that imports from Brazil are under item numbers 1605.40.10.10 and materially injuring, or are threatening to Dated: January 31, 2005. 1605.40.10.90, which are the new HTS materially injure, an industry in the numbers for prepared foodstuffs, Barbara E. Tillman, United States. indicating peeled crawfish tail meat and Acting Deputy Assistant Secretary for Import The Department finds that the other, as introduced by the U.S. Administration. petitioners filed this petition on behalf Customs Service in 2000, and HTS [FR Doc. E5–575 Filed 2–10–05; 8:45 am] of the domestic industry because they items 0306.19.00.10 and 0306.29.00, BILLING CODE 3510–DS–P are interested parties as defined in which are reserved for fish and section 771(9)(G) of the Act and they crustaceans in general. The HTS have demonstrated sufficient industry subheadings are provided for DEPARTMENT OF COMMERCE support with respect to the antidumping convenience and customs purposes investigation that they are requesting International Trade Administration only. The written description of the the Department to initiate. See infra, scope of this order is dispositive. [A–351–840] ‘‘Determination of Industry Support for Rescission of Review the Petition.’’ Notice of Initiation of Antidumping The Department’s regulations at 19 Duty Investigation: Certain Orange Scope of Investigation CFR 351.213(d)(1) provide that the Juice From Brazil The scope of this investigation Department will rescind an includes certain orange juice for administrative review if the party that AGENCY: Import Administration, requested the review withdraws its International Trade Administration, 1 Peace River Citrus Products, Inc. withdrew as a request for review within 90 days of the Department of Commerce. petitioner in this proceeding on January 31, 2005.
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transport and/or further manufacturing, be included as part of this proceeding. supports the petition. A petition meets produced in two different forms: (1) We invite comments from all parties on this requirement if the domestic Frozen orange juice in a highly this issue. producers or workers who support the concentrated form, sometimes referred Excluded from the scope of the petition account for: (1) At least 25 to as frozen concentrated orange juice investigation are reconstituted orange percent of the total production of the for further manufacturing (FCOJM); and juice and frozen orange juice for retail domestic like product; and (2) more (2) pasteurized single-strength orange (FCOJR). Reconstituted orange juice is than 50 percent of the production of the juice which has not been concentrated, produced through further manufacture domestic like product produced by that referred to as Not-From-Concentrate of FCOJM, by adding water, oils and portion of the industry expressing (NFC). essences to the orange juice concentrate. support for, or opposition to, the There is an existing antidumping duty FCOJR is concentrated orange juice, petition. Moreover, section 732(c)(4)(D) order on frozen concentrated orange typically at 42° Brix, in a frozen state, of the Act provides that, if the petition juice (FCOJ) from Brazil. See packed in retail sized containers ready does not establish support of domestic Antidumping Duty Order; Frozen for sale to consumers. FCOJR, a finished producers or workers accounting for Concentrated Orange Juice from Brazil, consumer product, is produced through more than 50 percent of the total 52 FR 16426 (May 5, 1987). Therefore, further manufacture of FCOJM, a bulk production of the domestic like product, the scope with regard to FCOJM covers manufacturer’s product. the Department shall: (i) Poll the only FCOJM produced and/or exported The subject merchandise is currently industry or rely on other information in by those companies who were excluded classifiable under items 2009.11.00, order to determine if there is support for or revoked from the existing 2009.12.25, 2009.12.45, and 2009.19.00 the petition, as required by antidumping order on FCOJ from Brazil of the Harmonized Tariff Schedule of subparagraph (A), or (ii) determine as of December 27, 2004. Those the United States (HTSUS). These industry support using a statistically companies are Cargill Citrus Limitada, HTSUS subheadings are provided for valid sampling method. Citrosuco Paulista S.A., Frutropic S.A., convenience and for customs purposes Section 771(4)(A) of the Act defines Montecitrus Industria e Comercio only and are not dispositive, but rather the ‘‘industry’’ as the producers of a Limitada, and Sucocitrico Cutrale SA the written description of the scope of domestic like product. In investigations (Cutrale). this investigation is dispositive. involving processed agricultural The Department also revoked the As discussed in the preamble to the products, the statute allows the existing antidumping duty order on Department’s regulations (Antidumping Department also to include growers or FCOJ with regard to two additional Duties; Countervailing Duties; Final producers of the raw agricultural companies, Coopercitrus Industrial Rule, 62 FR 27296, 27323 (May 19, product within the definition of the Frutesp (Frutesp) and Frutropic S.A. 1997)), we are setting aside a period for industry. See section 771(4)(E) of the (Frutropic). See Frozen Concentrated parties to raise issues regarding product Act. For a full discussion, see the Orange Juice; Final Results and coverage and/or product issues such as February 7, 2005, Memorandum to Termination in Part of Antidumping the scope of the investigation. As noted Barbara E. Tillman, Acting Deputy Duty Administrative Review; above, there is an existing order on Assistant Secretary for Import Revocation in Part of the Antidumping FCOJ from Brazil that differs in certain Administration, from Mildred Steward, Duty Order, 56 FR 52510 (Oct. 21, 1991) respects from the scope of this case. The Attorney, and Vicki Schepker, Senior and Frozen Concentrated Orange Juice; Department is also soliciting comments Policy Analyst, entitled, ‘‘Antidumping Final Results of Antidumping Duty related to the definition of the class or Duty Petition on Certain Orange Juice Administrative Review and Revocation kind of merchandise under from Brazil: Domestic Like Product of Order in Part, 59 FR 53137 (Oct. 21, consideration. The Department Analysis and Calculation of Industry 1994). In a supplemental submission to encourages comments on these issues, Support’’ (‘‘Like Product/Industry the petition, the petitioners cite the as well as on any other issues involving Support Memo’’). For the determination changed circumstances review request product coverage, no later than April 1, of industry support, the Department by Louis Dreyfus Citrus Ltda. (Louis 2005. Comments should be addressed to must identify the domestic like product. Dreyfus) and note that Frutropic and Import Administration’s Central The International Trade Commission Frutesp were purchased by Louis Records Unit, Room 1870, U.S. (ITC), which is responsible for Dreyfus. The petitioners assert that Department of Commerce, 14th Street determining whether the domestic Louis Dreyfus is the successor-in- and Constitution Avenue, NW., industry has been injured, must also interest to these revoked companies. Washington, DC 20230. The period of determine what constitutes a domestic The Department has initiated a changed scope consultations is intended to like product in order to define the circumstances review in the context of provide the Department with ample industry. While both the Department the original order as requested by Louis opportunity to consider all comments and the ITC must apply the same Dreyfus Citrus in order to determine and consult with parties prior to the statutory definition regarding the whether COINBRA–Frutesp (the issuance of the preliminary domestic like product (section 771(10) company created after the ownership determination. of the Act), they do so for different change of Frutesp) is the successor-in- purposes and pursuant to a separate and interest to Frutesp. Nonetheless, the Determination of Industry Support for the Petition distinct authority. In addition, the Department will also examine the Department’s determination is subject to Section 732(b)(1) of the Act requires successor-in-interest issues for both limitations of time and information. that a petition be filed on behalf of the Frutesp and Fruitropic in the context of Although this may result in different this proceeding, and we intend to make domestic industry. Section 732(c)(4)(A) definitions of the like product, such a finding no later than the preliminary of the Act provides that the differences do not render the decision of determination in this case. We note that, Department’s industry support either agency contrary to the law.2 should the Department find Louis determination, which is to be made Dreyfus or COINBRA–Frutesp to be the before the initiation of the investigation, 2 See Algoma Steel Corp. Ltd. v. United States, successor-in-interest to these be based on whether a minimum 688 F. Supp. 639, 642–44 (CIT 1988) (‘‘the ITC does companies, the successor company will percentage of the relevant industry not look behind ITA’s determination, but accepts
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Section 771(10) of the Act defines the of section 732(c)(4)(A)(ii) of the Act are Department’s treatment of price and cost domestic like product as ‘‘a product also met. Accordingly, we determine data in administrative reviews of the which is like, or in the absence of like, that this petition is filed on behalf of the existing order on FCOJ from Brazil (i.e., most similar in characteristics and uses domestic industry within the meaning the Department has developed a with, the article subject to an of section 732(b)(1) of the Act. For practice of relying on pricing and cost investigation under this title.’’ Thus, the further discussion, see the ‘‘Like data for the period under consideration, reference point from which the Product/Industry Support Memo.’’ rather than for the Brazilian marketing year). Regarding perishability, we domestic like product analysis begins is Export Price and Normal Value ‘‘the article subject to an investigation,’’ disagree that the Department’s findings i.e., the class or kind of merchandise to The following are descriptions of the in Kiwifruit from New Zealand apply in be investigated, which normally will be allegations of sales at less than fair value this case. In Kiwifruit from New the scope as defined in the petition. upon which the Department based its Zealand, perishability may have In this case, the domestic like product decision to initiate this investigation. affected price trends. Here, however, the referred to in the petition is the single The sources of data for the deductions perishability at issue is certain orange domestic like product defined in the and adjustments relating to U.S. and juice, not oranges for processing. By the ‘‘Scope of Investigation’’ section, above. foreign market prices, cost of production petitioners’ own admission, the shelf At this time, the Department has no (COP), and constructed value (CV) are life of certain orange juice ranges from basis on the record to find the petition’s discussed in greater detail in the one to two years. See the January 6 definition of the domestic like product business proprietary version of the petition supplement at page 2. to be inaccurate. The Department, petition and in the ‘‘Initiation Consequently, we find the petitioners’ therefore, has adopted the domestic like Checklist.’’ We corrected certain reliance on this case to be misplaced. product definition set forth in the information contained in the petition’s The petitioners based export price petition. For a discussion of the margin calculations. These corrections (EP) on average unit values (AUVs) for domestic like product analysis in this are set forth in detail in the ‘‘Initiation subject merchandise derived from case, see the ‘‘Like Product/Industry Checklist.’’ Should the need arise to use official U.S. import statistics for the POI. Support Memo.’’ any of this information as facts available For one of these calculations, the On December 30, 2004, and January 5, under section 776 of the Act in our petitioners used the AUV of imports 2005,3 we received challenges to preliminary or final determination, we that entered through the port of New industry support from certain U.S. may re-examine this information and York only. We adjusted this weighted- producers. Because we required revise the margin calculations, if average AUV to include entries made additional time to determine the appropriate. through all ports in the United States, in production quantities and levels of Export Price accordance with our practice. imports of U.S. producers, as well as the Additionally, we deducted amounts for The anticipated period of relationships between U.S. and foreign foreign inland freight and insurance, investigation (POI) is October 1, 2003, producers, we solicited additional brokerage, handling, and port charges through September 30, 2004. The information from the U.S. industry, in from the AUVs used to derive U.S. petitioners requested that the accordance with section 732(c)(4)(D) of prices. See the ‘‘Initiation Checklist.’’ Department adopt an alternate POI of the Act. See Extension Notice, 70 FR at As part of their allegation, the July 1, 2003, through June 30, 2004, petitioners provided an AUV for all 3511. On January 19, 2005, we issued asserting that this period corresponds to industry support questionnaires to all imports of FCOJM during the POI. the Brazilian harvest/marketing year. Because this import data potentially known orange growers (via regional According to the petitioners, this period grower associations) and producers of included merchandise exported by is appropriate because: (1) Both prices Brazilian companies subject to the certain orange juice. The questionnaire and costs in the industry are affected by is on file in the Central Records Unit, existing order on FCOJ, we compared the juice yield of a particular harvest this information to company-specific room B–099 of the main Department of season and thus the orange juice Commerce building, and also available FCOJM price information provided by industry is seasonal; and (2) oranges for the petitioners, as described below, for on the Import Administration Web site processing have a limited shelf life and (see http://ia.ita.doc.gov/ia-highlights- the specific companies covered by this are therefore perishable. See the petition petition. Based on this comparison, we and-news.html). at pages 18 through 22 and the January Based on an analysis of the data find that the petitioners’ AUV data is 6, 2005, petition supplement at pages 1 conservative. Therefore we have relied collected, we determine that the and 2. The petitioners assert that the petitioners have demonstrated industry on it for purposes of initiation. Department has taken seasonality and In addition to AUV information, the support representing over 50 percent of perishability into account in setting the petitioners also provided company- the total production of the domestic like POI in other cases. See Final specific FCOJM price data for each of product. Therefore, the domestic Determination of Sales at Less Than Fair the companies covered by this petition. producers or workers who support the Value: Fresh Kiwifruit from New However, we have not relied on petition account for at least 25 percent Zealand, 57 FR 13695 (Apr. 17, 1992) additional futures data from the New of the total production of the domestic (Kiwifruit from New Zealand). We have York Board of Trade for one of these like product, and the requirements of not departed from our standard companies because the petitioners section 732(c)(4)(A)(i) of the Act are methodology for determining the POI, as provided an inadequate link between met. Furthermore, given that the set forth in 19 CFR 351.204(b)(1), the Brazilian exporter and the country petitioners represent more than 50 because the petitioners have not of origin of the merchandise shipped percent of the total production of the demonstrated that the margins from the exporter’s U.S. storage facility. domestic like product, the requirements calculated using the normal POI are Similarly, we have not relied on the unrepresentative of the current level of information provided for the remaining ITA’s determination as to which merchandise is in the class of merchandise sold at LTFV‘‘). dumping activity (and thus that companies because the origin of the 3 On February 3, 2005, we received an additional seasonality is a concern here). This orange juice for which the pricing data challenge to industry support. decision is consistent with the was submitted was unclear (i.e., the
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product consisted of a blend of orange interpretation and application of the the course of this investigation that the juice from numerous countries other URAA, states that an allegation of sales home market (i.e., Brazil) is viable or than Brazil). For further discussion, see below COP need not be specific to that Belgium is not the appropriate the ‘‘Initiation Checklist.’’ individual exporters or producers. See third-country market upon which to Finally, the petitioners also provided SAA, H.R. Doc. No. 103–316 at 833 base normal value, our initiation of a company-specific NFC price data for (1994). The SAA, at 833, states that country-wide cost investigation with one Brazilian company. The price ‘‘Commerce will consider allegations of respect to sales to Belgium will be information was provided in an affidavit below-cost sales in the aggregate for a rendered moot. from an official with direct knowledge foreign country, just as Commerce Because third-country price fell below of the prices charged by Brazilian currently considers allegations of sales cost, pursuant to sections 773(a)(4), processors. Thus, we have accepted this at less than fair value on a country-wide 773(b) and 773(e) of the Act, the data for purposes of initiation. For basis for purposes of initiating an petitioners based NV for sales in the further discussion, see the ‘‘Initiation antidumping investigation.’’ United States on CV. The petitioners Checklist.’’ Further, the SAA provides that calculated CV using the same COM and section 773(b)(2)(A) of the Act retains SG&A figures used to compute the Normal Value the requirement that the Department Belgian third-country market costs. As With respect to normal value (NV), have ‘‘reasonable grounds to believe or noted above, however, we based SG&A the petitioners stated that home market suspect’’ that below-cost sales have on the financial statements of Louis prices were not reasonably available. To occurred before initiating such an Dreyfus. Consistent with section substantiate their argument, the investigation. Reasonable grounds exist 773(e)(2) of the Act, the petitioners petitioners state that the information when an interested party provides included in CV an amount for profit. For reasonably available to them suggests specific factual information on costs and profit, the petitioners initially relied on that sales of the foreign like product in prices, observed or constructed, U.S. processor estimates. In addition, the home market are negligible. See the indicating that sales in the foreign the petitioners also submitted a profit petition at page 63. According to the market in question are at below-cost rate based on the 2003 financial petitioners, Brazil’s orange juice prices. Id. statements of a Brazilian beverage industry is geared almost exclusively to Pursuant to section 773(b)(3) of the producer that does not produce subject exports. Consequently, the petitioners Act, COP consists of the cost of merchandise or juice products, in used statistics on Brazil’s third-country manufacturing (COM), selling, general, further support of the profit reported in exports published by the U.S. and administrative (SG&A) expenses, the petition. Also, as noted above, the Department of Agriculture (USDA) as and packing. The petitioners calculated petitioners provided the 1999 financial the basis for determining NV. In COM based on publicly available statements of Louis Dreyfus. For selecting the third-country market, the information for certain input costs in purposes of initiation, we have relied on petitioners chose Belgium because: (1) It Brazil, where such information was the profit data from Louis Dreyfus is the largest third-country market for available. Where such information was because it more closely reflects the scope merchandise during the POI; (2) not available, the petitioners relied experience of the Brazilian orange juice the aggregate quantity of scope upon input costs provided by U.S. industry. merchandise sold by Brazilian exporters producers, adjusted for known Based on the changes noted above, the to Belgium accounted for more than five differences between costs incurred to recalculated dumping margins for percent of the aggregate quantity of the produce certain orange juice in the certain orange juice from Brazil range scope merchandise sold in the United United States and Brazil. The from 24.12 percent to 60.29 percent. States; and (3) the product sold to the petitioners did not add packing costs to Belgian market is comparable to the the COP because certain orange juice is Fair Value Comparisons product which served as the basis for generally transported in tanks, bins, and Based on the data provided by the EP. After examining this evidence, we drums, which are reusable capital. petitioners, there is reason to believe found the petitioners’ selection of To calculate SG&A, the petitioners that imports of certain orange juice from Belgium as the comparison market to be relied on U.S. processor estimates. Brazil are being, or are likely to be, sold reasonable. However, for purposes of initiation, we at less than fair value. The petitioners calculated third- have recalculated SG&A to be based on country price using quantities and FOB the 1998–1999 financial statements for Allegation and Evidence of Material values from the official Brazilian export Louis Dreyfus, a Brazilian producer of Injury and Causation statistics as published by the USDA orange juice, provided by the petitioners With regard to Brazil, the petitioners with adjustments for Brazilian inland in their February 3, 2005, petition allege that the U.S. industry producing freight and insurance, brokerage, supplement because the SG&A reflected the domestic like product is being handling, and port charges. in these statements more closely reflect materially injured, or is threatened with Pursuant to section 773(b) of the Act, the experience of Brazilian orange juice material injury, by reason of the the petitioners provided information producers. individual and cumulated imports of demonstrating reasonable grounds to Based on a comparison of the Belgian the subject merchandise sold at less believe or suspect that sales by Brazilian market prices for certain orange juice to than NV. producers in the relevant foreign market the COPs calculated in the petition, we The petitioners contend that the were made at prices below the cost of find reasonable grounds to believe or industry’s injured condition is evident production (COP) and, accordingly, suspect that sales of the foreign like in the declining trends in market share, requested that the Department conduct product were made at prices below the sales value and revenue, production a country-wide sales-below-COP COP within the meaning of section volume, shipments, and employment. investigation in connection with this 773(b)(2)(A)(i) of the Act. Accordingly, These factors apply to both the firms investigation. See the February 7, 2005, the Department is initiating a country- that produce certain orange juice, and petition supplement. The Statement of wide cost investigation relating to third- the growers of the raw agricultural Administrative Action (SAA), submitted country sales to Belgium. We note, product, i.e., oranges for processing. The to the Congress in connection with the however, that if we determine during allegations of injury and causation are
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supported by relevant evidence Brazil are causing material injury, or Diameter Carbon and Alloy Seamless including information from U.S. import threatening to cause material injury, to Standard, Line, and Pressure Pipe From statistics, the New York Board of Trade, a U.S. industry. A negative ITC Romania: Preliminary Results and industry studies and reports, the USDA, determination will result in the Partial Rescission of Antidumping Duty and press reports from a variety of investigation being terminated; Administrative Review and Preliminary sources. We have assessed the otherwise, this investigation will Determination Not To Revoke in Part, 69 allegations and supporting evidence proceed according to statutory and FR 54119 (September 7, 2004) regarding material injury and causation, regulatory time limits. (Preliminary Results). The review covers and we have determined that these This notice is issued and published one manufacturer/exporter, S.C. allegations are properly supported by pursuant to section 777(i) of the Act. Silcotub S.A. (Silcotub). adequate evidence and meet the Dated: February 7, 2005. Romania’s designation as a non- market-economy (NME) country statutory requirements for initiation. See Joseph A. Spetrini, the ‘‘Initiation Checklist’’ at Attachment remained in effect until January 1, Acting Assistant Secretary for Import 2003.1 Because the first five months of III. Administration. Regarding the existing antidumping the POR fell before Romania’s [FR Doc. E5–587 Filed 2–10–05; 8:45 am] order on FCOJ from Brazil, the graduation to market-economy status petitioners stated in their January 6, BILLING CODE 3510–DS–P and the last seven months of this POR 2005, petition supplement that the came after its graduation, in its antidumping questionnaire to Silcotub, existing order has had a very limited DEPARTMENT OF COMMERCE effect in preventing the dumping alleged dated November 14, 2003, the in the petition. According to the International Trade Administration Department determined that it would petitioners, the FCOJ pricing evident in treat Romania as an NME country from the marketplace (both before and after [A–485–805] August 1, 2002, through December 31, 2002, and a market-economy (ME) the hurricane damage in the fall of 2004) Certain Small Diameter Carbon and country from January 1, 2003, through confirms that the current order has Alloy Seamless Standard, Line, and July 31, 2003. The first part of this ceased to have any corrective impact. In Pressure Pipe From Romania: Final notice refers to the NME portion of the addition, the petitioners point out that, Results of Antidumping Duty POR (NME POR) and the Department’s because the existing order only covers Administrative Review and Final NME methodology, and the second part FCOJ, not NFC, it has no impact in Determination Not To Revoke Order in of this notice refers to the ME portion preventing damage inflicted by dumped Part NFC from Brazil. of the POR (ME POR) and the AGENCY: Import Administration, Department’s ME methodology. In the Initiation of Antidumping Investigation International Trade Administration, section of this notice entitled Final Based upon our examination of the Department of Commerce. Results of the Review, we have petition on certain orange juice, we have SUMMARY: On September 7, 2004, the calculated a weighted-average dumping found that it meets the requirements of Department of Commerce (the margin reflecting the margin we section 732 of the Act. Therefore, we are Department) published the preliminary calculated for the NME POR and the initiating an antidumping duty results of the antidumping duty dumping margin we calculated for the investigation to determine whether administrative review of certain small ME POR. This weighted-average figure imports of certain orange juice from diameter carbon and alloy seamless reflects the margin of dumping for the Brazil are being, or are likely to be, sold standard, line, and pressure pipe entire POR. in the United States at less than fair (seamless pipe) from Romania. This We invited parties to comment on our value. Unless this deadline is extended review covers one manufacturer/ preliminary results of review. Silcotub pursuant to section 733(b)(1)(A) of the exporter of the subject merchandise. filed a brief on November 12, 2004, and Act, we will make our preliminary The period of review (POR) is August 1, a rebuttal brief on November 18, 2004. determination no later than 140 days 2002, through July 31, 2003. Based on On December 10, 2004, the Department after the date of this initiation. our analysis of comments received, rejected Silcotub’s case brief because it contained new factual information.2 Distribution of Copies of the Petition these final results differ from the preliminary results. The final results are In accordance with section 1 listed below in the ‘‘Final Results of In Certain Small Diameter Carbon and Alloy 732(b)(3)(A) of the Act, a copy of the Seamless Standard, Line, and Pressure Pipe from Review’’ section. public version of the petition has been Romania: Final Results of Antidumping Duty EFFECTIVE DATES: Administrative Review, 68 FR 12672, 12673 (March provided to the representatives of the February 11, 2005. FOR FURTHER INFORMATION CONTACT: 17, 2003), the Department reviewed the non-market- government of Brazil. We will attempt economy status of Romania and determined to to provide a copy of the public version David Layton or Erin Begnal, AD/CVD reclassify Romania as a market economy for of the petition to each exporter named Operations, Office 8, Import purposes of antidumping and countervailing duty in the petition, as provided for under 19 Administration, International Trade proceedings,pursuant to section 771(18)(A) of the Administration, U.S. Department of Tariff Act of 1930, as amended (The Act), effective CFR 351.203(c)(2). January 1, 2003. See Memorandum from Lawrence Commerce, 14th Street and Constitution Norton, Import Policy Analyst, to Joseph Spetrini, ITC Notification Avenue, NW., Washington, DC 20230; Acting Assistant Secretary for Import We have notified the ITC of our telephone: (202) 482–0371 and (202) Administration: Antidumping Duty Administrative 482–1442, respectively. Review of Certain Small Diameter Carbon and Alloy initiation as required by section 732(d) Seamless Standard, Line, and Pressure Pipe from of the Act. SUPPLEMENTARY INFORMATION: Romania—Non-Market Economy Status Review (March 10, 2003). Preliminary Determination by the ITC Background 2 See Letter from Department of Commerce to The ITC will preliminarily determine The Department published the Silcotub regarding 2002–2003 Administrative Review of the Antidumping Duty Order on Certain no later than March 7, 2005, whether preliminary results of the antidumping Small Diameter Carbon and Alloy Seamless there is a reasonable indication that duty administrative review of seamless Standard, Line, and Pressure Pipe from Romania imports of certain orange juice from pipe from Romania. See Certain Small (December 3, 2004).
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Silcotub filed a redacted case brief on pressure pipe meeting the ASTM A–106 ASTM A–106 pipes may be used in December 14, 2004. The domestic standard may be used in temperatures of some boiler applications. interested party, United States Steel up to 1000 degrees Fahrenheit, at Redraw hollows are any unfinished Corporation (U.S. Steel), filed a case various ASME code stress levels. Alloy pipe or ‘‘hollow profiles’’ of carbon or brief on November 12, 2004, and a pipes made to ASTM A–335 standard alloy steel transformed by hot rolling or rebuttal brief on November 18, 2004. On must be used if temperatures and stress cold drawing/hydrostatic testing or January 5, 2005, we issued a letter levels exceed those allowed for ASTM other methods to enable the material to requesting parties to comment on two A–106. Seamless pressure pipes sold in be sold under ASTM A–53, ASTM A– issues: (1) The most appropriate the United States are commonly 106, ASTM A–333, ASTM A–334, methodology for the Department to use produced to the ASTM A–106 standard. ASTM A–335, ASTM A–589, ASTM A– in calculating an all-others rate for Seamless standard pipes are most 795, and API 5L specifications. future entries; and (2) whether it was commonly produced to the ASTM A–53 The scope of the order includes all more appropriate to calculate the specification and generally are not seamless pipe meeting the physical company-specific cash-deposit rate intended for high temperature service. parameters described above and based on the weighted-average margin They are intended for the low produced to one of the specifications reflecting sales from both the ME and temperature and pressure conveyance of listed above, regardless of application, NME portions of the POR or on sales water, steam, natural gas, air and other with the exception of the specific from the ME portion alone. We received liquids and gasses in plumbing and exclusions discussed below, and comments on these issues from U.S. heating systems, air conditioning units, whether or not also certified to a non- Steel on January 11, 2005. automatic sprinkler systems, and other covered specification. Standard, line, and pressure applications and the Scope of the Order related uses. Standard pipes (depending on type and code) may carry liquids at above-listed specifications are defining The products covered by the order are elevated temperatures but must not characteristics of the scope of the order. seamless carbon and alloy (other than exceed relevant ASME code Therefore, seamless pipes meeting the stainless) steel standard, line, and requirements. If exceptionally low physical description above, but not pressure pipes and redraw hollows temperature uses or conditions are produced to the ASTM A–53, ASTM A– produced, or equivalent, to the ASTM anticipated, standard pipe may be 106, ASTM A–333, ASTM A–334, A–53, ASTM A–106, ASTM A–333, ASTM A–335, ASTM A–589, ASTM A– manufactured to ASTM A–333 or ASTM ASTM A–334, ASTM A–335, ASTM A– 795, and API 5L specifications shall be A–334 specifications. 589, ASTM A–795, and the API 5L covered if used in a standard, line, or Seamless line pipes are intended for specifications and meeting the physical pressure application, with the exception the conveyance of oil and natural gas or parameters described below, regardless of the specific exclusions discussed other fluids in pipe lines. Seamless line of application. The scope of the order below. also includes all products used in pipes are produced to the API 5L For example, there are certain other standard, line, or pressure pipe specification. ASTM specifications of pipe which, applications and meeting the physical Seamless water well pipe (ASTM A– because of overlapping characteristics, parameters described below, regardless 589) and seamless galvanized pipe for could potentially be used in ASTM A– of specification. Specifically included fire protection uses (ASTM A–795) are 106 applications. These specifications within the scope of the order are used for the conveyance of water. generally include ASTM A–161, ASTM seamless pipes and redraw hollows, less Seamless pipes are commonly A–192, ASTM A–210, ASTM A–252, than or equal to 4.5 inches (114.3 mm) produced and certified to meet ASTM ASTM A–501, ASTM A–523, ASTM A– in outside diameter, regardless of wall- A–106, ASTM A–53, API 5L–B, and API 524, and ASTM A–618. When such thickness, manufacturing process (hot 5L–X42 specifications. To avoid pipes are used in a standard, line, or finished or cold-drawn), end finish maintaining separate production runs pressure pipe application, with the (plain end, beveled end, upset end, and separate inventories, manufacturers exception of the specific exclusions threaded, or threaded and coupled), or typically triple or quadruple certify the discussed below, such products are surface finish. pipes by meeting the metallurgical covered by the scope of the order. The seamless pipes subject to the requirements and performing the Specifically excluded from the scope order are currently classifiable under required tests pursuant to the respective of the order are boiler tubing and the subheadings 7304.10.10.20, specifications. Since distributors sell the mechanical tubing, if such products are 7304.10.50.20, 7304.31.30.00, vast majority of this product, they can not produced to ASTM A–53, ASTM A– 7304.31.60.50, 7304.39.00.16, thereby maintain a single inventory to 106, ASTM A–333, ASTM A–334, 7304.39.00.20, 7304.39.00.24, service all customers. ASTM A–335, ASTM A–589, ASTM A– 7304.39.00.28, 7304.39.00.32, The primary application of ASTM A– 795, and API 5L specifications and are 7304.51.50.05, 7304.51.50.60, 106 pressure pipes and triple or not used in standard, line, or pressure 7304.59.60.00, 7304.59.80.10, quadruple certified pipes is use in pipe applications. In addition, finished 7304.59.80.15, 7304.59.80.20, and pressure piping systems by refineries, and unfinished OCTG are excluded 7304.59.80.25 of the Harmonized Tariff petrochemical plants, and chemical from the scope of the order, if covered Schedule of the United States (HTSUS). plants. Other applications are in power by the scope of another antidumping Specifications, Characteristics, and generation plants (electrical-fossil fuel duty order from the same country. If not Uses: Seamless pressure pipes are or nuclear), and in some oil field uses covered by such an OCTG order, intended for the conveyance of water, (on shore and off shore) such as for finished and unfinished OCTG are steam, petrochemicals, chemicals, oil separator lines, gathering lines and included in this scope when used in products, natural gas and other liquids metering runs. A minor application of standard, line or pressure applications. and gasses in industrial piping systems. this product is for use as oil and gas With regard to the excluded products They may carry these substances at distribution lines for commercial listed above, the Department will not elevated pressures and temperatures applications. These applications instruct U.S. Customs and Border and may be subject to the application of constitute the majority of the market for Protection (CBP) to require end-use external heat. Seamless carbon steel the subject seamless pipes. However, certification until such time as
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petitioner or other interested parties A list of the issues which parties have 351.222(b)(2)(i)(B) and 351.222(e)(1)(iii) provide to the Department a reasonable raised and to which we have responded of the Department’s regulations. basis to believe or suspect that the in the Decision Memorandum is For these final results, the Department products are being used in a covered attached to this notice as an Appendix. has relied upon Silcotub’s sales activity application. If such information is Parties can find a complete discussion during the 2000–2001, 2001–2002, and provided, we will require end-use of all issues raised in this review and 2002–2003 PORs in making its decision certification only for the product(s) (or the corresponding recommendations in regarding Silcotub’s revocation request. specification(s)) for which evidence is this public memorandum, which is on Although Silcotub had two consecutive provided that such products are being file in the Central Records Unit, room years of sales at not less than NV, used in covered applications as B–099 of the main Commerce building. Silcotub has not received a zero or de described above. For example, if, based In addition, a complete version of the minimis margin in the instant review. on evidence provided by petitioner, the Decision Memorandum can be accessed Thus, Silcotub is not eligible for Department finds a reasonable basis to directly on the Internet at http:// consideration for revocation. believe or suspect that seamless pipe ia.ita.doc.gov/frn. The paper copy and Accordingly, we determine not to produced to the A–161 specification is electronic version of the Decision revoke the order with respect to being used in a standard, line or Memorandum are identical in content. Silcotub’s sales of certain small pressure application, we will require diameter carbon and alloy seamless end-use certifications for imports of that Fair Value Comparisons standard, line, and pressure pipe to the specification. Normally we will require We calculated constructed export United States. only the importer of record to certify to price (CEP) and normal value (NV) All-Others Rate the end use of the imported based on the same methodology we merchandise. If it later proves necessary used in the preliminary results. Changes As a result of Romania’s transition for adequate implementation, we may to ocean freight, unpaid freight for from an NME to an ME during the also require producers who export such billets, model-matching, home-market course of the POR, we invited comments products to the United States to provide credit expenses, U.S. credit expense, on the rate to be used as the all-others such certification on invoices inventory carrying costs, and the rate for the proceeding. The Department accompanying shipments to the United indirect selling expenses of Duferco S.A. is has determined to apply an all-others States. are detailed in the analysis rate of 13.06 percent. See Decision Although the HTSUS subheadings are memorandum and/or the Decision Memorandum at Comment 19 provided for convenience and customs Memorandum. purposes, our written description of the Final Results of Review merchandise subject to this scope is Cost of Production As a result of our review, we dispositive. determine that the following weighted- We calculated the cost of production average percentage margin exists for the Separate Rates (COP) for the merchandise based on the period August 1, 2002, through July 31, Because we are conducting this same methodology we used in the 2003: review in accordance with 19 CFR preliminary results. We found that Silcotub made sales below cost, and we 351.408, we are applying our NME Manufacturer/exporter Margin methodology for Silcotub in the first disregarded such sales where (percent) five months of this review (August- appropriate. S.C. Silcotub S.A...... 1.21 December 2002). Silcotub has requested No Revocation in Part a separate, company-specific antidumping duty rate in this review. In On August 29, 2003, Silcotub Assessment the preliminary results, we found that requested that the Department revoke The Department shall determine, and Silcotub had met the criteria for the the antidumping duty order in part with CBP shall assess, antidumping duties on application of separate antidumping regard to Silcotub based on the absence all appropriate entries. In accordance duty rates. See Preliminary Results. We of dumping pursuant to section with 19 CFR 351.212(b)(1), we have have not received any other information 351.222(b)(2) of the Department’s calculated importer-specific assessment since the preliminary results which regulations. Silcotub submitted, along rates by dividing the dumping margin would warrant reconsideration of our with its revocation request, a found on the subject merchandise separate rates determination with certification stating the following: (1) examined by the entered value of such respect to this company. Therefore, we The company did not sell subject merchandise. Where the importer- determine that Silcotub should be merchandise at less than NV during the specific assessment rate is above de assigned a rate separate from the NME POR and in the future it would not sell minimis, we will instruct CBP to assess entity for the NME portion of this such merchandise at less than NV (see antidumping duties on that importer’s administrative review period. section 351.222 (e)(1)(i)) of the entries of subject merchandise. The Department’s regulations); (2) the Department will issue appropriate Analysis of Comments Received company has sold subject merchandise assessment instructions directly to CBP All issues raised in the case and to the United States in commercial within 15 days of publication of these rebuttal briefs by parties to this review quantities during each of the past three final results of review. are addressed in the ‘‘Issues and years (see section 351.222(e)(1)(ii)) of Decision Memorandum’’ (Decision the Department’s regulations; and (3) Cash-Deposit Requirements Memorandum) from Barbara E. Tillman, the company agreed to its immediate The following deposit requirements Acting Deputy Assistant Secretary, reinstatement in the order, as long as will be effective for all shipments of the Import Administration, to Joseph E. any exporter or producer is subject to subject merchandise entered, or Spetrini, Acting Assistant Secretary for the order, if the Department concludes withdrawn from warehouse, for Import Administration, dated February that the company sold the subject consumption on or after the publication 4, 2005, which is hereby adopted by this merchandise at less than NV subsequent date of these final results of notice. to the revocation. See sections administrative review, as provided by
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section 751(a) of the Act: (1) For the Comment 4: Indirect Selling Expenses of U.S. Department of Commerce, 14th company named above, the cash-deposit Duferco S.A. Street and Constitution Avenue, NW., rate will be the rate listed above; (2) for Comment 5: Indirect Selling Expenses of Washington, DC 20230. merchandise exported by manufacturers Duferco Steel Inc. Comment 6: Freight for Billets SUPPLEMENTARY INFORMATION: or exporters not covered in this review Comment 7: Indexing Brokerage and Background but covered in a previous segment of Handling Rate Using U.S. Producer Price this proceeding, the cash-deposit rate Index On August 6, 2004, the Department will continue to be the company- Comment 8: Non-Market-Economy Packing published the Preliminary Results specific rate published in the prior Costs where we determined that U.S. sales segment of the proceeding in which that Comment 9: Ocean Freight Expenses for U.S. had been made below normal value manufacturer or exporter participated; Sales in the Non-Market-Economy (NV). We invited parties to comment on (3) if the exporter is not a firm covered Portion of the POR our Preliminary Results. On September Comment 10: Treatment of the Schedule in this review or in any previous 1 Field in the Model-Matching 7, 2004, UA France and Petitioners segment of this proceeding but the Methodology filed comments on our Preliminary manufacturer is, the cash-deposit rate Comment 11: Non-Market-Economy Natural Results. On September 13, 2004, UA will be that established for the Gas Price France and Petitioners filed rebuttal manufacturer of the merchandise in Comment 12: Start-Up Adjustment comments. Neither party requested a these final results of review or in the Comment 13: Model-Matching Methodology hearing. The Department has now most recent segment of the proceeding Comment 14: Ordinary Course of Trade completed this review in accordance in which that manufacturer Comment 15: Home Market Credit Expense with section 751(a) of the Tariff Act of participated; and (4) if neither the Comment 16: DSI’s Credit Expense Comment 17: Treatment of Negative Margins 1930, as amended (the Act). exporter nor the manufacturer is a firm Comment 18: Cash-Deposit Rate Scope of the Antidumping Duty Order covered in this or any previous review Comment 19: All-Others Rate conducted by the Department, the cash For purposes of this administrative deposit rate will be 13.06 percent. These [FR Doc. E5–586 Filed 2–10–05; 8:45 am] review, the products covered by the deposit requirements shall remain in BILLING CODE 3510–DS–P order are certain stainless steel sheet effect until publication of the final and strip in coils. Stainless steel is an results of the next administrative alloy steel containing, by weight, 1.2 review. DEPARTMENT OF COMMERCE percent or less of carbon and 10.5 percent or more of chromium, with or Notification International Trade Administration without other elements. The subject This notice also serves as the final [A–427–814] sheet and strip is a flat-rolled product in reminder to importers of their coils that is greater than 9.5 mm in responsibility under 19 CFR 351.402(f) Stainless Steel Sheet and Strip in Coils width and less than 4.75 mm in to file a certificate regarding the From France: Final Results of thickness, and that is annealed or reimbursement of antidumping duties Antidumping Administrative Review otherwise heat treated and pickled or prior to liquidation of the relevant AGENCY: Import Administration, otherwise descaled. The subject sheet entries during this review period. International Trade Administration, and strip may also be further processed Failure to comply with this requirement U.S. Department of Commerce. (e.g., cold-rolled, polished, aluminized, could result in the Secretary’s SUMMARY: On August 6, 2004, the coated, etc.) provided that it maintains presumption that reimbursement of Department of Commerce (Department) the specific dimensions of sheet and antidumping duties occurred and in the published the preliminary results of its strip following such processing. subsequent assessment of double administrative review of the The merchandise subject to this order antidumping duties. antidumping duty order on certain is currently classifiable in the This notice also serves as the only stainless steel sheet and strip in coils Harmonized Tariff Schedule of the reminder to parties subject to (SSSS) from France. See Stainless Steel United States (‘‘HTS’’) at subheadings: administrative protective order (APO) of Sheet and Strip in Coils from France, 69 7219.13.0031, 7219.13.0051, their responsibility concerning the FR 47892 (August 6, 2004) (Preliminary 7219.13.0071, 7219.1300.81 2 return/destruction or conversion to Results). This review covers all 7219.14.0030, 7219.14.0065, judicial protective order of proprietary shipments of this merchandise to the 7219.14.0090, 7219.32.0005, information disclosed under APO in United States during the period from 7219.32.0020, 7219.32.0025, accordance with 19 CFR 351.305(a)(3). July 1, 2002, through June 30, 2003 by 7219.32.0035, 7219.32.0036, Failure to comply is a violation of the Ugine & ALZ France, S.A. (UA France). 7219.32.0038, 7219.32.0042, APO. We gave interested parties an 7219.32.0044, 7219.33.0005, Dated: February 4, 2005. opportunity to comment on the 7219.33.0020, 7219.33.0025, Joseph A. Spetrini, Preliminary Results. Based on our 7219.33.0035, 7219.33.0036, Acting Assistant Secretary for Import analysis of the comments received, we 7219.33.0038, 7219.33.0042, Administration. have made changes to the Preliminary 7219.33.0044, 7219.34.0005, This determination is issued and Results. For the final dumping margins, 7219.34.0020, 7219.34.0025, published in accordance with sections see the ‘‘Final Results of Review’’ 7219.34.0030, 7219.34.0035, 751(a)(1) and 777(i)(1) of the Act. section below. 1 EFFECTIVE DATE: February 11, 2005. Allegheny Ludlum Corporation, AK Steel, Inc., Appendix—Decision Memorandum North American Stainless, United Steelworkers of FOR FURTHER INFORMATION CONTACT: America, AFL–CIO/CLC, Butler Armco Independent Comment 1: Romania As Its Own Surrogate Sebastian Wright or Sean Carey at (202) Union, and Zanesville Armco Independent Country 482–5254 and (202) 482–3964, Organization are the Petitioners in the case. Comment 2: Silcotub’s Market-Economy 2 Due to changes to the HTS numbers in 2001, General & Administrative Expense Ratio respectively; AD/CVD Operations, 7219.13.0030, 7219.13.0050, 7219.13.0070, and Comment 3: Silcotub’s Financial Expense Office 6, Import Administration, 7219.13.0080 are now 7219.13.0031, 7219.13.0051, Ratio International Trade Administration, 7219.13.0071, and 7219.13.0081, respectively.
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7219.35.0005, 7219.35.0015, suspension assemblies for computer steel is most commonly used in the 7219.35.0030, 7219.35.0035, disk drives. Suspension foil is described production of heating ribbons for circuit 7219.90.0010, 7219.90.0020, as 302/304 grade or 202 grade stainless breakers and industrial furnaces, and in 7219.90.0025, 7219.90.0060, steel of a thickness between 14 and 127 rheostats for railway locomotives. The 7219.90.0080, 7220.12.1000, microns, with a thickness tolerance of product is currently available under 7220.12.5000, 7220.20.1010, plus-or-minus 2.01 microns, and surface proprietary trade names such as ‘‘Gilphy 7220.20.1015, 7220.20.1060, glossiness of 200 to 700 percent Gs. 36.’’ 4 7220.20.1080, 7220.20.6005, Suspension foil must be supplied in coil Certain martensitic precipitation- 7220.20.6010, 7220.20.6015, widths of not more than 407 mm, and hardenable stainless steel is also 7220.20.6060, 7220.20.6080, with a mass of 225 kg or less. Roll marks excluded from the scope of this order. 7220.20.7005, 7220.20.7010, may only be visible on one side, with This high-strength, ductile stainless 7220.20.7015, 7220.20.7060, no scratches of measurable depth. The steel product is designated under the 7220.20.7080, 7220.20.8000, material must exhibit residual stresses Unified Numbering System (UNS) as 7220.20.9030, 7220.20.9060, of 2 mm maximum deflection, and S45500-grade steel, and contains, by 7220.90.0010, 7220.90.0015, flatness of 1.6 mm over 685 mm length. weight, 11 to 13 percent chromium, and 7220.90.0060, and 7220.90.0080. Certain stainless steel foil for 7 to 10 percent nickel. Carbon, Although the HTS subheadings are automotive catalytic converters is also manganese, silicon and molybdenum provided for convenience and customs excluded from the scope of this order. each comprise, by weight, 0.05 percent purposes, the Department’s written This stainless steel strip in coils is a or less, with phosphorus and sulfur description of the merchandise under specialty foil with a thickness of each comprising, by weight, 0.03 review is dispositive. between 20 and 110 microns used to percent or less. This steel has copper, Excluded from the review of this produce a metallic substrate with a niobium, and titanium added to achieve order are the following: (1) Sheet and honeycomb structure for use in aging, and will exhibit yield strengths as strip that is not annealed or otherwise automotive catalytic converters. The high as 1700 Mpa and ultimate tensile heat treated and pickled or otherwise steel contains, by weight, carbon of no strengths as high as 1750 Mpa after descaled, (2) sheet and strip that is cut more than 0.030 percent, silicon of no aging, with elongation percentages of 3 to length, (3) plate (i.e., flat-rolled more than 1.0 percent, manganese of no percent or less in 50 mm. It is generally stainless steel products of a thickness of more than 1.0 percent, chromium of provided in thicknesses between 0.635 4.75 mm or more), (4) flat wire (i.e., between 19 and 22 percent, aluminum and 0.787 mm, and in widths of 25.4 cold-rolled sections, with a prepared of no less than 5.0 percent, phosphorus mm. This product is most commonly edge, rectangular in shape, of a width of of no more than 0.045 percent, sulfur of used in the manufacture of television not more than 9.5 mm), and (5) razor no more than 0.03 percent, lanthanum tubes and is currently available under blade steel. Razor blade steel is a flat- of less than 0.002 or greater than 0.05 proprietary trade names such as rolled product of stainless steel, not percent, and total rare earth elements of ‘‘Durphynox 17.’’ 5 further worked than cold-rolled (cold- more than 0.06 percent, with the Finally, three specialty stainless steels reduced), in coils, of a width of not balance iron. typically used in certain industrial more than 23 mm and a thickness of Permanent magnet iron-chromium- blades and surgical and medical 0.266 mm or less, containing, by weight, cobalt alloy stainless strip is also instruments are also excluded from the 12.5 to 14.5 percent chromium, and excluded from the scope of this order. scope of this order. These include certified at the time of entry to be used This ductile stainless steel strip stainless steel strip in coils used in the in the manufacture of razor blades. See contains, by weight, 26 to 30 percent production of textile cutting tools (e.g., Chapter 72 of the HTS, ‘‘Additional U.S. chromium, and 7 to 10 percent cobalt, carpet knives).6 This steel is similar to Note’’ 1(d). with the remainder of iron, in widths AISI grade 420 but containing, by Flapper valve steel is also excluded 228.6 mm or less, and a thickness weight, 0.5 to 0.7 percent of from the scope of the order. This between 0.127 and 1.270 mm. It exhibits molybdenum. The steel also contains, product is defined as stainless steel strip magnetic remanence between 9,000 and by weight, carbon of between 1.0 and in coils containing, by weight, between 12,000 gauss, and a coercivity of 1.1 percent, sulfur of 0.020 percent or 0.37 and 0.43 percent carbon, between between 50 and 300 oersteds. This less, and includes between 0.20 and 1.15 and 1.35 percent molybdenum, and product is most commonly used in 0.30 percent copper and between 0.20 between 0.20 and 0.80 percent electronic sensors and is currently and 0.50 percent cobalt. This steel is manganese. This steel also contains, by available under proprietary trade names sold under proprietary names such as weight, phosphorus of 0.025 percent or such as ‘‘Arnokrome III.’’ 3 ‘‘GIN4 Mo.’’ The second excluded less, silicon of between 0.20 and 0.50 Certain electrical resistance alloy steel stainless steel strip in coils is similar to percent, and sulfur of 0.020 percent or is also excluded from the scope of this AISI 420–J2 and contains, by weight, less. The product is manufactured by order. This product is defined as a non- carbon of between 0.62 and 0.70 means of vacuum arc remelting, with magnetic stainless steel manufactured to percent, silicon of between 0.20 and inclusion controls for sulphide of no American Society of Testing and 0.50 percent, manganese of between more than 0.04 percent and for oxide of Materials (ASTM) specification B344 0.45 and 0.80 percent, phosphorus of no no more than 0.05 percent. Flapper and containing, by weight, 36 percent more than 0.025 percent and sulfur of valve steel has a tensile strength of nickel, 18 percent chromium, and 46 no more than 0.020 percent. This steel between 210 and 300 ksi, yield strength percent iron, and is most notable for its has a carbide density on average of 100 of between 170 and 270 ksi, plus or resistance to high temperature carbide particles per 100 square minus 8 ksi, and a hardness (Hv) of corrosion. It has a melting point of 1390 microns. An example of this product is between 460 and 590. Flapper valve degrees Celsius and displays a creep ‘‘GIN5’’ steel. The third specialty steel steel is most commonly used to produce rupture limit of 4 kilograms per square specialty flapper valves in compressors. millimeter at 1000 degrees Celsius. This 4 ‘‘Gilphy 36’’ is a trademark of Imphy, S.A. Also excluded is a product referred to 5 ‘‘Durphynox 17’’ is a trademark of Imphy, S.A. as suspension foil, a specialty steel 3 ‘‘Arnokrome III’’ is a trademark of the Arnold 6 This list of uses is illustrative and provided for product used in the manufacture of Engineering Company. descriptive purposes only.
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has a chemical composition similar to Analysis of Comments Received appropriate assessment instructions AISI 420 F, with carbon of between 0.37 All the issues raised in the case and directly to CBP within 15 days of and 0.43 percent, molybdenum of rebuttal briefs by the parties to this publication of the final results of between 1.15 and 1.35 percent, but administrative review are addressed in review. lower manganese of between 0.20 and the Issues and Decision Memorandum Cash Deposit Requirements 0.80 percent, phosphorus of no more from Barbara E. Tillman, Acting Deputy The following antidumping duty than 0.025 percent, silicon of between Assistant Secretary for Import deposit rates will be required on all 0.20 and 0.50 percent, and sulfur of no Administration to Joseph A. Spetrini, shipments of SSSS from France entered, more than 0.020 percent. This product Acting Assistant Secretary for Import or withdrawn from warehouse, for is supplied with a hardness of more Administration: Issues and Decision consumption on or after the publication than Hv 500 guaranteed after customer Memorandum for the Final Results of date of these final results, as provided processing, and is supplied as, for the Fourth Administrative Review of 7 for by section 751(a)(1) of the Act: (1) example, ‘‘GIN6’’. Stainless Steel Sheet and Strip in Coils For UA France, the cash deposit rate from France, dated February 2, 2005 Country of Origin will be the rate indicated above; (2) for (Decision Memo), which is hereby In the Preliminary Results, we previously reviewed or investigated adopted by this notice. examined whether certain sales of SSSS A list of the issues which parties have companies other than UA France, the should be excluded from the scope of raised and to which we have responded, cash deposit rate will be the company- this order because the SSSS was hot- all of which are addressed in the specific rate established for the most rolled in Belgium and then annealed Decision Memo, is attached to this recent period; (3) if the exporter is not and pickled in France, but not further notice as an appendix. Parties can find a firm covered in this review, a prior cold-rolled in France. UA France a complete discussion of all the issues review, or the less-than-fair-value contends that this material, which it raised in this review and the (LTFV) investigation, but the designated HRAP, is not within the corresponding recommendations in the manufacturer is, the cash deposit rate scope of the order in this case because Decision Memo, which is on file in the will be the rate established for the most it is deemed to be of Belgian origin Central Records Unit, room B–099 of the recent period for the manufacturer of pursuant to the Department’s findings in main Commerce Building. In addition, a the subject merchandise; and (4) if Stainless Steel Sheet and Strip in Coils complete version of the Decision Memo neither the exporter nor the from the U.K. See Notice of Final can be accessed directly on the Web at manufacturer is a firm covered by this Determination of Sales at Less Than http://ia.ita.doc.gov. The paper copy review, a prior review, or the LTFV Fair Value: Stainless Steel Sheet and and the electronic version of the investigation, the cash deposit rate shall Strip in Coils from the U.K., 64 FR Decision Memo are identical in content. be the ‘‘all others’’ rate established in 30688 (June 9, 1999) at Comment 13. In Based on our analysis of the the LTFV investigation, which is 9.38 the Preliminary Results, we agreed with comments received, we have made percent ad valorem. See Notice of Final UA France and concluded that the certain changes in the margin Determination of Sales at Less Than material was of Belgian origin. See calculations for UA France. We have Fair Value: Stainless Steel Sheet and Preliminary Results. also addressed the alleged ministerial Strip in Coils from France, 64 FR 30820 Additionally, in the Preliminary errors submitted in the briefs. For (June 8, 1999). These deposit rates, Results, we stated that we would further details, see the Decision Memo when imposed, shall remain in effect continue to analyze the record evidence and the Memorandum to the File from until publication of the final results of and the arguments raised by the parties Sebastian Wright to Sean Carey: the next administrative review. on this issue for the purposes of the Analysis Memorandum for Ugine & ALZ Notification to Importers final results. Neither party commented France, S.A. for the Final Results of the on this issue in their brief or rebuttal Fourth Antidumping Duty This notice also serves as a final brief in this case. However, the parties Administrative Review of Stainless Steel reminder to importers of their to this case are also parties in another Sheet and Strip in Coils from France, responsibility under section case before the Department in which (February 2, 2005) (Analysis Memo). 351.402(f)(2) of the Department’s this issue is also present. See Stainless regulations to file a certificate regarding Steel Plate in Coils from Belgium: Final Final Results of Review the reimbursement of antidumping Results of Antidumping Duty As a result of our review, we duties prior to liquidation of the Administrative Review, 69 FR 74495 determine the antidumping margin for relevant entries during this review (December 14, 2004) and accompanying UA France to be as follows: period. Failure to comply with this Issues and Decision Memorandum at requirement could result in the Comment 4 (SSPC from Belgium). Manufacturer/exporter Margin Secretary’s presumption that In SSPC from Belgium, after (percent) reimbursement of antidumping duties occurred and the subsequent assessment consideration of parties’ comments, we Ugine & ALZ France, S.A. (UA concluded that the material hot-rolled France) ...... 9.65 of doubled antidumping duties, in Germany but not further cold-rolled pursuant to section 351.402(f)(3) of the in Belgium was of German origin. Id. Duty Assessment Department’s regulations. Therefore, in accordance with the Notification Regarding APOs Department’s finding in SSPC from The Department shall determine, and Belgium, we continue to find, as we did U.S. Customs and Border Protection This notice also serves as a reminder in the Preliminary Results, that the (CBP) shall assess, antidumping duties to parties subject to administrative SSSS which is hot-rolled in Belgium, on all appropriate entries. Pursuant to protective orders (APO) of their but not further cold-rolled in France is section 351.212(b) of the Department’s responsibility concerning the of Belgian origin. regulations, an assessment rate is disposition of proprietary information calculated for each importer of the disclosed under APO in accordance 7 ‘‘GIN4 Mo,’’ ‘‘GIN5’’ and ‘‘GIN6’’ are the subject merchandise for each with section 351.305 of the proprietary grades of Hitachi Metals America, Ltd. respondent. The Department will issue Department’s regulations. Timely
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written notification of the return/ Results. On October 7, 2004, we intended for the conveyance of water, destruction of APO materials or received case briefs from the sole steam, petrochemicals, chemicals, oil conversion to judicial protective order is respondent, V&M do Brasil, S.A. products, natural gas, and other liquids hereby requested. Failure to comply (‘‘VMB’’), and the petitioner, United and gasses in industrial piping systems. with the regulations and terms of an States Steel Corporation (‘‘petitioner’’). They may carry these substances at APO is a sanctionable violation. Both parties submitted rebuttal briefs on elevated pressures and temperatures This administrative review and notice October 14, 2004. No public hearing was and may be subject to the application of are in accordance with sections held. Pursuant to section 751(a)(3)(A) of external heat. Seamless carbon steel 751(a)(1) and 777(i)(1) of the Act. the Tariff Act of 1930, as amended (‘‘the pressure pipe meeting the ASTM Dated: February 2, 2005. Act’’), the Department extended the standard A–106 may be used in Barbara E. Tillman, time limit for the final results by 30 temperatures of up to 1000 degrees days, from January 5, 2005, to February Fahrenheit, at various American Society Acting Assistant Secretary for Import Administration. 4, 2005. See Notice of Extension of Time of Mechanical Engineers (‘‘ASME’’) Limit for the Final Results of code stress levels. Alloy pipes made to APPENDIX Antidumping Duty Administrative ASTM standard A–335 must be used if List of Issues Review: Small Diameter Circular temperatures and stress levels exceed Seamless Carbon and Alloy Steel those allowed for A–106 and the ASME 1. Constructed Export Price (CEP) Offset 2. Date of Sale for Certain Home-Market Sales Standard, Line and Pressure Pipe from codes. Seamless pressure pipes sold in 3. Credit Expenses Brazil, 69 FR 75916 (December 20, the United States are commonly 4. Application of Adverse Facts Available for 2004). produced to the ASTM A–106 standard. Seamless standard pipes are most Sales to Bernier Scope of the Order 5. Offsetting Margins with Above-Normal- commonly produced to the ASTM A-53 Value Transactions For purposes of this review, the specification and generally are not 6. Offsetting Home-Market Commissions products covered by the order are intended for high temperature service. 7. Further Manufacturing Adjustments seamless pipes produced to the ASTM They are intended for the low 8. Ministerial Errors: Interest Expenses, A–335, ASTM A–106, ASTM A–53 and temperature and pressure conveyance of Home-Market Warranty Expenses, and API 5L specifications and meeting the water, steam, natural gas, air and other Commission Expenses physical parameters described below, liquids and gasses in plumbing and [FR Doc. E5–576 Filed 2–10–05; 8:45 am] regardless of application. The scope of heating systems, air conditioning units, BILLING CODE 3510–DS–P this order also includes all products automatic sprinkler systems, and other used in standard, line, or pressure pipe related uses. Standard pipes (depending applications and meeting the physical on type and code) may carry liquids at DEPARTMENT OF COMMERCE parameters below, regardless of elevated temperatures but must not specification. exceed relevant ASME code International Trade Administration For purposes of this order, seamless requirements. [A–351–826] pipes are seamless carbon and alloy Seamless line pipes are intended for (other than stainless) steel pipes, of the conveyance of oil and natural gas or Notice of Final Results of Antidumping circular cross-section, not more than other fluids in pipelines. Seamless line Duty Administrative Review: Small 114.3 mm (4.5 inches) in outside pipes are produced to the API 5L Diameter Circular Seamless Carbon diameter, regardless of wall thickness, specification. and Alloy Steel Standard, Line and manufacturing process (hot-finished or Seamless pipes are commonly Pressure Pipe From Brazil cold-drawn), end finish (plain end, produced and certified to meet ASTM beveled end, upset end, threaded, or A–106, ASTM A–53 and API 5L AGENCY: Import Administration, threaded and coupled), or surface finish. specifications. Such triple certification International Trade Administration, These pipes are commonly known as of pipes is common because all pipes Department of Commerce. standard pipe, line pipe or pressure meeting the stringent ASTM A–106 EFFECTIVE DATE: February 11, 2005. pipe, depending upon the application. specification necessarily meet the API FOR FURTHER INFORMATION CONTACT: They may also be used in structural 5L and ASTM A–53 specifications. Helen Kramer or Patrick Edwards at applications. Pipes produced in non- Pipes meeting the API 5L specification (202) 482–0405 or (202) 482–8029, standard wall thickness are commonly necessarily meet the ASTM A–53 respectively; AD/CVD Operations, referred to as tubes. specification. However, pipes meeting Office 7, Import Administration, The seamless pipes subject to this the A–53 or API 5L specifications do not International Trade Administration, antidumping duty order are currently necessarily meet the A–106 U.S. Department of Commerce, 14th classifiable under subheadings specification. To avoid maintaining Street & Constitution Avenue, NW., 7304.10.10.20, 7304.10.50.20, separate production runs and separate Washington, DC 20230. 7304.31.60.50, 7304.39.00.16, inventories, manufacturers triple-certify SUPPLEMENTARY INFORMATION: 7304.39.00.20, 7304.39.00.24, the pipes. Since distributors sell the vast 7304.39.00.28, 7304.39.00.32, majority of this product, they can Background 7304.51.50.05, 7304.51.50.60, thereby maintain a single inventory to On September 7, 2004, the 7304.59.60.00, 7304.59.80.10, service all customers. Department of Commerce (‘‘the 7304.59.80.15, 7304.59.80.20, and The primary application of ASTM A– Department’’) published in the Federal 7304.59.80.25 of the Harmonized Tariff 106 pressure pipes and triple-certified Register its preliminary results in this Schedule of the United States pipes is in pressure piping systems by administrative review. See Notice of (‘‘HTSUS’’). The following information refineries, petrochemical plants and Preliminary Results of Antidumping further defines the scope of this order, chemical plants. Other applications are Duty Administrative Review, 69 FR which covers pipes meeting the in power generation plants (electrical- 54125 (September 7, 2004) physical parameters described above: fossil fuel or nuclear), and in some oil (‘‘Preliminary Results’’). We invited Specifications, Characteristics and field uses (on shore and off shore) such parties to comment on the Preliminary Uses: Seamless pressure pipes are as for separator lines, gathering lines
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and metering runs. A minor application Decision Memorandum is appended to warehouse, for consumption on or after of this product is for use as oil and gas this notice. The Decision Memorandum the publication date of these final distribution lines for commercial is on file in the Central Records Unit in results, as provided by section 751(a) of applications. These applications Room B–099 of the main Commerce the Act: (1) For the company covered by constitute the majority of the market for building, and can also be accessed this review, the cash deposit rate will be the subject seamless pipes. However, A– directly on the Web at http:// the rate listed above; (2) for 106 pipes may be used in some boiler www.ia.ita.doc.gov/frn. The paper copy merchandise exported by producers or applications. and electronic version of the Decision exporters not covered in this review but The scope of this order includes all Memorandum are identical in content. covered in the investigation, the cash seamless pipe meeting the physical deposit rate will continue to be the parameters described above and Changes Since the Preliminary Results company-specific rate from the final produced to one of the specifications Based on our analysis of comments determination; (3) if the exporter is not listed above, regardless of application, received, we have made adjustments to a firm covered in this review or the and whether or not also certified to a the product model matching and investigation, but the producer is, the non-covered specification. Standard, weighting criteria, the short-term cash deposit rate will be that established line and pressure applications and the interest rate, credit expense, inventory for the producer of the merchandise in above-listed specifications are defining carrying costs, indirect selling expenses, these final results of review or in the characteristics of the scope of this order. total cost of manufacturing, general and final determination; and (4) if neither Therefore, seamless pipes meeting the administrative (‘‘GA’’) expense, interest the exporter nor the producer is a firm physical description above, but not revenue, packing, and inland freight covered in this review or the produced to the ASTM A–335, ASTM expense used in calculating the final investigation, the cash deposit rate will A–106, ASTM A–53, or API 5L dumping margin in this proceeding. The be 124.94 percent, the ‘‘All Others’’ rate standards shall be covered if used in a adjustments are discussed in detail in established in the less-than-fair-value standard, line or pressure application. the Decision Memorandum. investigation. These deposit For example, there are certain other requirements shall remain in effect until ASTM specifications of pipe which, Final Results of Review publication of the final results of the because of overlapping characteristics, As a result of our review, we next administrative review. could potentially be used in A–106 determine that V&M do Brasil is the This notice also serves as a final applications. These specifications successor to Mannesmann, S.A., and reminder to importers of their generally include A–162, A–192, A–210, that the following weighted-average responsibility under 19 CFR 351.402 (f) A–333, and A–524. When such pipes margin exists for the period of August to file a certificate regarding the are used in a standard, line or pressure 1, 2002, through July 31, 2003: reimbursement of antidumping duties pipe application, such products are prior to liquidation of the relevant covered by the scope of this order. Weighted- entries during this review period. Specifically excluded from this order Producer average Failure to comply with this requirement are boiler tubing and mechanical tubing, margin (percentage) could result in the Secretary’s if such products are not produced to presumption that reimbursement of ASTM A–335, ASTM A–106, ASTM A– V&M do Brasil ...... 12.67 antidumping duties occurred, and in the 53 or API 5L specifications and are not subsequent assessment of double used in standard, line or pressure Assessment antidumping duties. applications. In addition, finished and This notice also is the only reminder unfinished oil country tubular goods The Department will determine, and to parties subject to administrative (‘‘OCTG’’) are excluded from the scope U.S. Customs and Border Protection protective order (APO) of their of this order, if covered by the scope of (‘‘CBP‘‘) shall assess, antidumping responsibility concerning the return or another antidumping duty order from duties on all appropriate entries, destruction of proprietary information the same country. If not covered by such pursuant to 19 CFR 351.212(b). The disclosed under APO in accordance an OCTG order, finished and unfinished Department calculated importer-specific with 19 CFR 351.305. Timely written OCTG are included in this scope when duty assessment rates on the basis of the notification of the return/destruction of used in standard, line or pressure ratio of the total amount of antidumping APO materials or conversion to judicial applications. Finally, also excluded duties calculated for the examined sales protective order is hereby requested. from this order are redraw hollows for to the total entered value of the Failure to comply with the regulations cold-drawing when used in the examined sales for that importer. Where and the terms of an APO is a production of cold-drawn pipe or tube. the assessment rate is above de minimis, sanctionable violation. Although the HTSUS subheadings are we will instruct CBP to assess duties on We are issuing and publishing these provided for convenience and customs all entries of subject merchandise results and notice in accordance with purposes, our written description of the produced by VMB. The Department will sections 751(a)(1) and 777(i)(1) of the scope of this order is dispositive. issue appropriate assessment Act. instructions directly to CBP within 15 Dated: February 4, 2005. Analysis of Comments Received days of publication of these final results The issues raised in the case briefs by of review. Joseph A. Spetrini, parties to this administrative review are Acting Assistant Secretary for Import addressed in the Issues and Decision Cash Deposits Administration. Memorandum to Joseph A. Spetrini, Furthermore, the following deposit Appendix—Issues in Decision Acting Assistant Secretary for Import requirements will be effective upon Memorandum Administration, from Barbara E. publication of the final results of this Comment 1: Product Matching to Similar Tillman, Acting Deputy Assistant administrative review for all shipments Merchandise Secretary (‘‘Decision Memorandum’’), of seamless carbon and certain alloy Comment 2: CEP Offset which is hereby adopted by this notice. steel standard, line and pressure pipe Comment 3: Interest Rate A list of the issues addressed in the from Brazil entered, or withdrawn from Comment 4: Credit Expenses
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Comment 5: Inventory Carrying Costs the Interior, the Marine Mammal the oceans and coasts component of the Comment 6: Reversal of Bad Debt Expense Commission, and by other agencies. The Global Earth Observation System of Comment 7: Adjustment to Cost of non-federal representative selected as a Systems. The First Annual IOOS Manufacturing result of this nomination process is Development Plan and other planning Comment 8: GA Expense Ratio Comment 9: Clerical Errors responsible for providing input and documents can be viewed at http:// a. Home Market Interest Revenue recommendations to the U.S. IWC www.ocean.us. The IOOS is a sustained b. U.S. Packing Expense Commissioner representing the network of sensors on buoys, ships, c. Home Market Inland Insurance positions of non-governmental satellites, underwater vehicles, and organizations. other platforms that routinely supplies [FR Doc. E5–584 Filed 2–10–05; 8:45 am] The intersessional RMS Working the data and information needed for BILLING CODE 3510–DS–P Group meeting will be held March 30– rapid detection and timely predictions April 1, 2005, in Copenhagen, Denmark. of changes in our Nation’s coastal waters and on the high seas. An initial DEPARTMENT OF COMMERCE Dated: February 7, 2005. IOOS consisting of existing systems has Laurie Allen, been identified, and needs for National Oceanic and Atmospheric Director, Office of Protected Resources, Administration enhancements have been submitted by National Marine Fisheries Service. IOOS stakeholders. building on last [I.D. 020205G] [FR Doc. 05–2689 Filed 2–10–05; 8:45 am] year’s First Annual IOOS BILLING CODE 3510–22–S Implementation Conference, this International Whaling Commission; Second Annual IOOS Implementation Intersessional Revised Management Conference will allow stakeholders to Scheme Working Group Meeting; DEPARTMENT OF COMMERCE contribute to updating and improving Nominations National Oceanic and Atmospheric the First Annual IOOS Development AGENCY: National Marine Fisheries Administration Plan. Service (NMFS), NationalOceanic and Dated: February 7, 2005. Atmospheric Administration (NOAA), Public Comment for Enhancement of Peter Gibson, Commerce. the Initial Integrated Ocean Observing Acting Deputy Chief Financial Officer, For ACTION: Request for nominations. System (IOOS) Ocean Services and Coastal Zone Management, National Oceanic and AGENCY: SUMMARY: This notice is a call for National Ocean Service, Atmospheric Administration. NOAA, Department of Commerce. nominees for one non-federal position [FR Doc. 05–2677 Filed 2–10–05; 8:45 am] to the U.S. Delegation to the March 2005 ACTION: Notice of opportunity for BILLING CODE 3510–JE–M International Whaling Commission written public comment. (IWC) intersessional Revised SUMMARY: Management Scheme (RMS) Working This notice announces the DEPARTMENT OF COMMERCE Group meeting. opportunity for the public to comment DATES: All nominations for the U.S. on the implementation and National Oceanic and Atmospheric Delegation to the IWC intersessional development of the U.S. Integrated Administration RMS Working Group meeting must be Ocean Observing System (IOOS). received by March 4, 2005. DATES: Ocean.US will host an DEPARTMENT OF THE INTERIOR ADDRESSES: All nominations for the U.S. Implementation Conference on Tuesday, Delegation to the IWC intersessional May 3, 2005 and Wednesday, May 4, Fish and Wildlife Service 2005. The purpose of this conference is RMS Working Group meeting should be [I.D. 100604B] addressed to Rolland Schmitten, U.S. to enable coordinated implementation Commissioner to the IWC, and sent via of the First Annual IOOS Development Notice of Availability of a Draft post to: Cheri McCarty, 13708, Office of Plan (available at http://www.ocean.us). Environmental Impact Statement and Protected Resources, National Marine The public is invited to submit written Conservation Plan Fisheries Service, 1315 East-West comments on the plan and priorities for AGENCY: National Marine Fisheries Highway, Silver Spring, MD 20910. implementation by close of business on Service, NOAA, Commerce; Fish and Prospective Congressional advisors to Friday, April 22, 2005. Please submit Wildlife Service, Interior the delegation should contact the comments via e-mail to Department of State directly. [email protected] or in written to Ms. ACTION: Notice of applications and Kristine Stump, Ocean.US, 2300 availability of documents for public FOR FURTHER INFORMATION CONTACT: comment. Cheri McCarty, 301–713–2322, Ext. 114. Clarendon Blvd., Suite 1350, Arlington, VA 22201. SUPPLEMENTARY INFORMATION: The SUMMARY: This notice announces the Secretary of Commerce is charged with ADDRESSES: The meeting location has availability of the Draft Environmental the responsibility of discharging the yet to be determined. Impact Statement (DEIS) and obligations of the United States under FOR FURTHER INFORMATION CONTACT: For conservation plan for public review and the International Convention for the more information regarding this Notice, comment. The Washington Department Regulation of Whaling, 1946. The U.S. please contact Ms. Kristine Stump: of Natural Resources (WDNR), on behalf Commissioner has primary Ocean.US telephone (703) 588–0855 or of the State of Washington, has responsibility for the preparation and E-mail [email protected]. submitted applications to the National negotiation of U.S. positions on SUPPLEMENTARY INFORMATION: Ocean.US Marine Fisheries Service (NMFS) and international issues concerning whaling was established to plan and coordinate the Fish and Wildlife Service (FWS) (the and for all matters involving the IWC. implementation of the U.S. Integrated Services) for incidental take permits He is staffed by the Department of Ocean Observing System (IOOS). The under section 10 of the Endangered Commerce and assisted by the IOOS is the U.S. contribution to the Species Act (ESA) of 1973 as amended. Department of State, the Department of Global Ocean Observing System and to The conservation plan also serves as the
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basis of an application to the Services conduct. Harm is defined to include The WDNR, on behalf of the State of that they each take steps under section significant habitat modification or Washington, has applied to: (1) obtain 4(d) of the ESA to limit the application degradation where it actually kills or incidental take permits, pursuant to of the prohibition against take of listed injures wildlife by significantly section 10(a)(1)(B) of the ESA for salmon, steelhead and bull trout so that impairing essential behavioral patterns, endangered, threatened and covered it does not apply to forest practices including breeding, feeding, and species; and, (2) request from the regulated by the State of Washington on sheltering (50 CFR 17.3, 50 CFR Services a limitation on the application non-Federal and non-tribal lands. 222.102). NMFS further defines harm to of the prohibition against take, pursuant DATES: Written comments on the include significant habitat modification to section 4(d) of the ESA for identified conservation plan, Implementation or degradation where it actually kills or threatened species only, for forest Agreement and DEIS will be accepted injures fish or wildlife by significantly practices activities in compliance with for a period of 90 days, beginning on impairing essential behavioral patterns, the state forest practices rules and February 11, 2005 and ending at 5 p.m. including breeding, feeding, spawning, administrative program. The forest Pacific Time on May 12, 2005. Written migrating, rearing, and sheltering (64 FR practices rules, administrative program comments may be sent by mail, 60727). and other provisions are described in facsimile, or e-mail to the addresses The Services may issue incidental the conservation plan and Implementing listed below. take permits, under section 10(a)(1)(B) Agreement and serve as documentation ADDRESSES: Please address written of the ESA, to take listed species that the conservation plan meets the comments to Sally Butts, U.S. Fish and incidental to, and not the purpose of, requirements of section 4(d) as well as Wildlife Service, 510 Desmond Drive otherwise lawful activities. FWS section 10. Each of these actions is S.E., Suite 102, Lacey, WA 98503–1263, regulations governing permits for represented as an alternative in the facsimile (360) 753–9518; or Steve federally endangered and threatened DEIS. Keller, National Marine Fisheries species are promulgated in 50 CFR Activities proposed for coverage Service, 510 Desmond Drive S.E., Suite 13.21. NMFS regulations governing under the incidental take permits or for 103, Lacey, WA 98503–1273, facsimile permits for federally endangered and a limitation on the application of the (360) 753–9517. Please send e-mail threatened species are promulgated prohibition against take include the comments to: under 50 CFR 222.307. following: (1) timber harvesting (including final and intermediate [email protected]. The Services also may issue a rule harvesting, and pre-commercial under section 4(d) of the ESA, providing FOR FURTHER INFORMATION CONTACT: For thinning activities), (2) road for the conservation of threatened further information, or to receive the construction, (3) road maintenance and species while authorizing incidental documents on CD ROM, please contact abandonment, (4) site preparation and take under certain conditions. Sally Butts, Project Manager, Fish and reforestation of harvested areas Wildlife Service, (360)753–5832; or As a result of the listing of several (including piling and or burning harvest Steve Keller, Project Manager, National salmon species and bull trout in debris and mechanical scarification), Marine Fisheries Service, (360) 534– Washington State in the mid to late and (5) adaptive management (including 9309. 1990s, stakeholder groups including research and monitoring to determine SUPPLEMENTARY INFORMATION: The Federal agencies, state and local the effectiveness of the forest practices documents being made available government agencies, Tribes, and large rules in protecting habitat for aquatic include: (1) the proposed conservation and small private forest landowners, species). plan; (2) the proposed Implementing collaborated to develop a science-based The conservation plan, described and Agreement; and (3) the draft plan known as the Forests and Fish analyzed in the DEIS, covers environmental impact statement (DEIS). Report to improve water quality and approximately 9.1 million acres of non- This notice is provided pursuant to the habitat for aquatic species on non- Federal and non-Tribal forest land ESA and the National Environmental Federal and non-Tribal forestland, while across the State of Washington. Policy Act (NEPA) of 1969, as amended. maintaining an economically viable The proposed incidental take permits, The Services are furnishing this notice timber industry in Washington State. under section 10, would authorize the to allow other agencies and the public The Forests and Fish Report was take of the following federally an opportunity to review and comment endorsed by the state legislature which endangered species incidental to on these documents. All comments amended the Revised Code of otherwise lawful activities: Upper received will become part of the public Washington with respect to the Columbia River spring-run chinook record for this action. Washington Forest Practices Act (RCW salmon (Oncorhynchus tshawytscha), Hard bound copies of the 76.09). Subsequently, the Washington Snake River sockeye salmon (O. nerka), conservation plan, Implementation Forest Practices Board amended the and Upper Columbia River steelhead (O. Agreement and DEIS are available for Washington Administrative Code with mykiss). viewing, or partial or complete respect to the Washington Forest The proposed incidental take permits duplication, at all Washington State Practices Rules (WAC 222) to be would also authorize the take of the libraries and most city and county consistent with the Forest and Fish following federally threatened species libraries. Report. These rules, and other non- incidental to otherwise lawful activities: regulatory commitments, are Puget Sound chinook salmon Background incorporated in the state’s conservation (Oncorhynchus tshawytscha), Lower Section 9 of the ESA and Federal plan. The state legislature further Columbia River chinook salmon (O. regulations prohibit the unauthorized stipulated that its actions were premised tshawytscha), Upper Willamette River ‘‘taking’’ of a species listed as upon the expectation that any related chinook salmon (O. tshawytscha), Snake endangered or threatened. The term take incidental take of listed species River spring/summer chinook salmon is defined under the ESA to mean otherwise prohibited by section 9 and (O. tshawytscha), Snake River fall harass, harm, pursue, hunt, shoot, Federal regulations would be permitted chinook salmon (O. tshawytscha), wound, kill, trap, capture, or collect, or or authorized by the Services by June Columbia River chum salmon (O. keta), to attempt to engage in any such 30, 2005. Hood Canal summer-run chum salmon
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(O. keta), Ozette Lake sockeye salmon period during which interested parties CONSUMER PRODUCT SAFETY (O. nerka), Lower Columbia River were invited to provide written COMMISSION steelhead (O. mykiss), Middle Columbia comments expressing their issues or River steelhead (O. mykiss), Snake River concerns relating to the proposal and to Public Meeting Concerning Petition steelhead (O. mykiss), Upper Willamette attend one of four public scoping Requesting Ban of All-Terrain Vehicles River steelhead (O. mykiss), and bull meetings held throughout the State. Sold for Use of Children Under 16 trout (Salvelinus confluentus) the Years Old Columbia River Distinct Population Based on public scoping comments, AGENCY: Segment and the Coastal-Puget Sound the Services have prepared a DEIS to Consumer Product Safety Distinct Population Segment. analyze the effects of alternatives on the Commission. The state is also seeking incidental human environment. Implementation of ACTION: Notice of public meeting. take permit coverage for 54 currently the state’s conservation plan, including SUMMARY: unlisted fish species (including issuance of associated incidental take The Consumer Product Safety anadromous and resident fish) and permits from the Services for Commission (‘‘CPSC’’ or ‘‘Commission’’) seven currently unlisted stream- endangered, threatened and covered will conduct a public meeting on March associated amphibian species under species (should they become listed) is 22, 2005 to receive comments concerning Petition CP 02–4/HP–02–1, specific provisions of the Permits, Alternative 2 in the DEIS. Three other which requested that the Commission should these species be listed in the alternatives are analyzed in the DEIS future. issue a rule banning adult-size four including: Alternative 1, no action, in wheel all terrain vehicles (‘‘ATVS’’) sold The proposed duration of the that neither incidental take permits nor incidental take permits and for the use of children under 16 years section 4(d) limits on the application of old. The CPSC staff’s briefing package conservation plan would be 50 years, the prohibition against take would be though many aspects of the plan’s recommends that the Commission deny issued to the state; Alternative 3, amend conservation strategy are intended to the petition. The Commission invites and implement the conservation plan benefit aquatic species and their habitat oral presentations from members of the long into the future. and issue section 4(d) limits on the public with information or comments Rules adopted under section 4(d) of application of the prohibition against related to the petition or the staff’s the ESA are limited by the statute to take through the NMFS Limit 13 only briefing package. The Commission will threatened species. NMFS has issued a for those threatened species identified consider these presentations as it 4(d) rule for most threatened salmon in the NMFS 4(d) rule, and through a decides what action to take on the that occur in Washington State (50 CFR new rule that would be developed by petition. 223.203, July 10, 2000). Subsection FWS for specific threatened species DATES: The meeting will begin at 10 a.m. (b)13 (Limit 13) of the rule pertains to only; and Alternative 4, incidental take on March 22, 2005. Requests to make forest practices in the State of permits would be issued based on more oral presentations, and 10 copies of the Washington and provides a limit from restrictive forest practices rules that text of the presentation, must be take prohibitions pursuant to section 9 would be incorporated into the state’s received by the CPSC Office of the of the ESA for certain threatened proposed conservation plan. Secretary no later than March 15, 2005. salmonids provided that NMFS finds This notice is provided pursuant to Persons making presentations at the after public review and comment that meeting should provide an additional certain specified requirements are met the ESA and NEPA regulations. The Services will evaluate the applications, 25 copies for dissemination on the date by the State of Washington. These of the meeting. requirements include, in part, that associated documents, and comments submitted thereon to determine whether The Commission reserves the right to actions comply with forest practice limit the number of persons who make regulations adopted and implemented the applications meet the requirements of the ESA and NEPA. presentations and the duration of their by the Washington Forest Practices presentations. To prevent duplicative Board and that they are determined by The Services will revise the DEIS in presentations, groups will be directed to NMFS to be at least as protective of a Final Environmental Impact designate a spokesperson. habitat functions as the regulatory Statement. The Services’ decisions Written submissions, in addition to, elements of the Forests and Fish Report. whether to issue incidental take permits or instead of, an oral presentation may The FWS does not have a similar 4(d) or limits on the application of the be sent to the address listed below and rule for the federally threatened bull prohibition against take will be made will be accepted until April 22, 2005. trout that applies to forest practices in upon completion of the Final the State of Washington. Since there is ADDRESSES: The meeting will be in room Environmental Impact Statement and no comparable ESA 4(d) rule for bull 420 of the Bethesda Towers Building, trout, the FWS would have to develop the associated Record of Decision. 4330 East-West Highway, Bethesda, MD. a 4(d) rule to exempt take of bull trout. Dated: October 28, 2004. Requests to make oral presentations, If this alternative was chosen as the Dave Wesley, and texts of oral presentations should be preferred alternative, FWS would captioned ‘‘ATV Petition Briefing’’ and Deputy Regional Director, Fish and Wildlife submitted by e-mail to cpsc- initiate this action. Any 4(d) rule Service, Region 1, Portland, Oregon. proposed by FWS would include a [email protected]. Requests and texts of oral public review and comment period Dated: February 4, 2005. presentations may also be submitted by prior to a final rule being established. Phil Williams, facsimile to (301) 504–0127 or mailed to the Office of the Secretary, Consumer The Services formally initiated an Chief, Endangered Species Division, Office environmental review of the project of Protected Resources, National Marine Product Safety Commission, through publication of a Notice of Intent Fisheries Service. Washington, DC 20207, or delivered to that office, room 502, 4330 East-West to prepare an Environmental Impact [FR Doc. 05–2691 Filed 2–10–05; 8:45 am] Statement in the Federal Register on Highway, Bethesda, Maryland 20814. BILLING CODES 3510–22–S, 4310–55–S March 17, 2003 (68 FR 12676). That FOR FURTHER INFORMATION CONTACT: For notice also announced a public scoping information about the purpose or
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subject matter of this meeting contact distributors already prohibit their announcements, agendas, minutes, and Elizabeth Leland, Directorate for dealers from selling adult-size ATVs for interim and final reports will be Economic Analysis, U.S. Consumer the use of children. Also, numerous available on the Council’s Web page at Product Safety Commission, hangtags and warnings on ATVs inform http://www.JuvenileCouncil.gov. (You Washington, DC 20207; telephone (301) consumers that adult-size ATVs are not may also verify the status of the meeting 504–7706; e-mail: [email protected]. For intended for children. It is uncertain at that Web address.) information about the schedule for that a ban of the type petitioners request Although designated agency submission of requests to make oral could have any greater impact than representatives attend, the Council is presentations and submission of texts of these existing measures. composed of the Attorney General oral presentations, contact Rockelle B. The Public Meeting (Chair), the Secretary of Health and Hammond, Office of the Secretary, Human Services, the Secretary of Labor, Consumer Product Safety Commission, The purpose of the public meeting is the Secretary of Education, the Secretary Washington, DC 20207; telephone (301) to provide a forum for oral presentations of Housing and Urban Development, the 504–6833; fax (301) 504–0127; e-mail on the ATV petition and the CPSC staff Administrator of the Office of Juvenile [email protected]. briefing package. Justice and Delinquency Prevention Participation in the meeting is open. SUPPLEMENTARY INFORMATION: (Vice Chair), the Director of the Office See the DATES section of this notice for of National Drug Control Policy, the A. Background information on making requests to give Chief Executive Officer of the In August 2002, the Commission oral presentations at the meeting and on Corporation for National and received correspondence from the making written submissions. Community Service, and the Assistant Consumer Federation of America Dated: February 8, 2005. Secretary for Homeland Security, (‘‘CFA’’) and eight other groups Todd A. Stevenson, Immigrations and Customs requesting several actions concerning Secretary, Consumer Product Safety Enforcement. Nine additional members ATVs. The Commission docketed their Commission. are appointed by the Speaker of the request that the Commission ban adult- [FR Doc. 05–2732 Filed 2–10–05; 8:45 am] House of Representatives, the Senate size four wheel ATVs sold for the use BILLING CODE 6355–01–P Majority Leader, and the President of of children under 16 years old as a the United States. petition. The petitioners assert that such The agenda for this meeting will ATVs pose an unreasonable risk of COORDINATING COUNCIL ON include: (a) A review of the past meeting injury and death to children. JUVENILE JUSTICE AND and public comments; (b) presentations The Commission published a notice DELINQUENCY PREVENTION on the Safe Schools/Healthy Students in the Federal Register on October 18, program; (c) a presentation on education 2002, requesting comments on the [OJP (OJJDP) Docket No. 1410] programs; and (d) discussion and plans petition. 67 FR 64353. The Commission Notice of Meeting for future meetings. extended the comment period 60 days. For security purposes, members of the 67 FR 78776. The Commission received AGENCY: Coordinating Council on public who wish to attend the meeting a total of 78 comments in response to Juvenile Justice and Delinquency must pre-register by calling the Juvenile these Federal Register notices. In Prevention. Justice Resource Center at 301–519– addition, the Commission held a public ACTION: Notice of meeting. 6473 (Daryel Dunston) or 301–519–5790 hearing in Morgantown, West Virginia (Karen Boston), no later than February on June 5, 2003, and the Chairman of SUMMARY: The Coordinating Council on 25, 2005. To register online, please go to the Commission conducted one public Juvenile Justice and Delinquency http://www.JuvenileCouncil.gov/ hearing in Anchorage, Alaska on July 8, Prevention (Council) is announcing the meetings.html. Space is limited. 2003 and another in Albuquerque, New March 4, 2005, meeting of the Council. Mexico on November 6, 2003. DATES: Friday, March 4, 2005, 9:15 Note: Photo identification will be required Presenters at these hearings discussed a.m.–12:30 p.m. for admission to the meeting. their opinions about the petition as well ADDRESSES: The meeting will take place Written Comments as other issues concerning ATVs. at the U.S. Department of Education, The staff reviewed the petition, 400 Maryland Avenue, SW., Interested parties may submit written comments and other relevant available Washington, DC 20202. comments by February 25, 2005, to information. The staff then forwarded a FOR FURTHER INFORMATION CONTACT: Robert Samuels, Acting Designated briefing package to the Commission, Federal Official for the Coordinating which is available on the Commission’s Robert Samuels, Acting Designated Federal Official for the Coordinating Council on Juvenile Justice and Web site http://www.cpsc.gov or from Delinquency Prevention, at the Commission’s Office of the Council on Juvenile Justice and Delinquency Prevention, by telephone [email protected]. The Secretary. The staff recommends that Coordinating Council on Juvenile the Commission deny the petition. The at 202–307–1357, or by e-mail at [email protected]. Justice and Delinquency Prevention staff concludes that the effectiveness of expects public statements presented at the ban requested by petitioners would SUPPLEMENTARY INFORMATION: The its meetings will not be repetitive of likely be limited for the following Coordinating Council on Juvenile previously submitted statements. No reasons. A sales ban would primarily Justice and Delinquency Prevention oral comments will be permitted at this address how ATVs are sold, rather than established pursuant to section 3(2)A of meeting. how they are used after they are the Federal Advisory Committee Act (5 purchased, and is likely to have limited U.S.C. App. 2), will meet to carry out its J. Robert Flores, effect on deaths and injuries. CPSC does advisory functions under Section 206 of Vice-Chair, Coordinating Council on Juvenile not have the authority to regulate how the Juvenile Justice and Delinquency Justice and Delinquency Prevention. consumers use a product. Under current Prevention Act of 2002, 42 U.S.C. 5601, [FR Doc. 05–2692 Filed 2–10–05; 8:45 am] ATV Voluntary Action Plans, major et seq. Documents such as meeting BILLING CODE 4410–18–P
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DEPARTMENT OF DEFENSE training is conducted at Fort Bragg and simulators; movement of wheeled Camp Mackall (a sub-installation to Fort vehicles on maintained roads and trails; Department of the Army Bragg) each year. Training to sustain fixed activities limited to bivouac, readiness is Fort Bragg’s primary signal, or medical in existing clearings; Draft Environmental Impact Statement activity. military operations on urbanized terrain to Fully Integrate the Overhills Land upon which to train personnel (MOUNT) training in buildings, but Property Into the Fort Bragg Training is vital to Fort Bragg’s mission. In 1995, only on non-contributing elements Program, Fort Bragg, NC Fort Bragg directed a study that within the District and non-eligible AGENCY: Department of the Army, DOD. identified a shortfall of maneuver land resources outside the District; hasty of 81,876 acres, and a weapons range ACTION: Notice of availability. hand-dug personnel fighting positions; and impact area shortfall of 43,636 use of flame-producing munitions of SUMMARY: The Department of the Army acres. In order to reduce this training any type. announces the availability of the Draft land deficit, the Department of the Hunting and fishing would continue Environmental Impact Statement (DEIS) Army purchased the Overhills property to be allowed subject to restrictions to fully integrate the Overhills property from the Rockefeller family in 1997. imposed on public access by military into the Fort Bragg Training Program, The Overhills property comprises training schedules. Fort Bragg, Cumberland and Harnett 10,580 acres in Cumberland and Harnett The District would be preserved in Counties, North Carolina. Presently, Counties, North Carolina, and adjoins accordance with the ‘‘Standards for realistic training in Fort Bragg’s the northern boundaries of Fort Bragg Preservation’’ in the Secretary of Northern Training Area (NTA), one of and Pope Air Force Base. An Interior’s Standards for the Treatment of Fort Bragg’s largest training areas, is Environmental Assessment was Historic Properties (38 CFR Part 68). hampered by the two sets of training prepared in 1999 to adopt an Interim Training in buildings considered rules that govern training in the units. Training Program (ITP) on the Overhills contributing elements would not be Although no physical barriers separate tract. Under the ITP, training was permitted, but maneuvers in open areas the Overhills training units, NTA V–VII, restricted to company-level, low impact within the historic district boundary from NTA units I–IV, the Overhills (limited) military training. would continue. Standard Operating Procedures (SOP) Presently, the maneuver/training Alternative 2—Limited training, limits the number of personnel and areas at Fort Bragg are so heavily additional recreation, and adaptive types of activities during training utilized that the land to support training reuse and/or layaway of selected exercises, effectively creating a training needs to be used to its fullest extent. contributing elements within the barrier. Applying the same training These factors, in conjunction with the District. Training units would be limited regulation to the Overhills that governs training land deficit identified by Fort to company-size (250 personnel plus training on the rest of the installation’s Bragg, demonstrate the need to make support personnel), but training would training program, and maximize training maximum use of available training be conducted in accordance with the possibilities through the NTA. lands on Fort Bragg. Fully incorporation Installation Range Regulation (IRR), not the Overhills tract, which represents the the Overhills SOP. The following DATES: Comments: To be considered in eastern part of the NTA and comprises additional training would be permitted: preparation for the Final Environmental almost half of the training area, into the Ground and air maneuvers involving Impact Statement, comments must be installation’s training program would both mechanized and light infantry with received not later than March 28, 2005 enhance training throughout the NTA, attached combat support and combat by the U.S. Environmental Protection and help sustain environmental service support; operation of wheeled Agency. and tracked vehicles off road; river Meetings: A public meeting will be resources in other training areas on Fort crossing, bridging, and waterborne held at the Cumberland County Library Bragg. The Army proposes to fully integrte operations (including water drops); and Information Center, 300 Maiden the Overhills into Fort Bragg’s training construction of fortifications and Lane, Fayetteville, North Carolina, no program. The DEIS analyzes the No obstacles; helicopter landing zones; earlier than 15 days after the release of Action/Status Quo alternative as well as excavations (in addition to hand-dug the DEIS to the public. three action alternatives. Alternatives positions) for survivability ADDRESSES: Please direct written considered in detail in the DEIS are: emplacements, such as vehicle fighting comments or requests for copies to the Alternative 1 (No Action)—Continue positions; and use of tear gas and DEIS to David A. Heins, Chief, limited training, existing recreation, and obscurant smoke. Environmental Sustainment Division, preservation of the Overhills Historic A youth golf program and a horse Public Works Business Center, ATTN: District (the District). Fort Bragg would stables program would be added to the AFZA–PW–E, Fort Bragg, NC 28310, or conduct this training in accordance with recreational programs at Fort Bragg. e-mail to [email protected]. the existing Fort Bragg SOP for training These programs would utilize several of FOR FURTHER INFORMATION CONTACT: on the Overhills. This SOP limits the historic buildings and structures on David A. Heins, (910) 396–8207 or e- training exercises to company-sized Overhills such as the Donald Ross golf mail to [email protected]. units (approximately 250 personnel, course, the polo barn, and riding stables. SUPPLEMENTARY INFORMATION: Fort Bragg including exercise support personnel) New facilities would also be serves as headquarters for the XVIII and prescribes the procedures for use of constructed. Hunting and fishing would Airborne Corps and Army Special the Overhills for training. Company-size continue as discussed under Alternative Operations Command, and is home to exercises generally require fewer than 1. the 82nd Airborne Division. The 75 vehicles per exercise. Exercises This alternative would maintain the primary mission of Fort Bragg is the would be scheduled 4–6 times per historic integrity of 15 of the 56 training and deployment of military month. The following types of exercises contributing elements of the historic units. Fort Bragg supports the most are permitted under the Overhills SOP: district. The remaining buildings and intensive and varied training program in Dismounted movement: Air mobile structures would be incorporated into the continental United States. An insertions; firing of blank small arms the Fort Bragg training program after average of 2.5 million personnel days of ammunition (up to .50 caliber) and mitigating for the loss of historical
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integrity by fulfilling all requirements incorporated into the training program requests as required by the Paperwork under the National Historical would remain; the non-essential Reduction Act of 1995. Preservation Act (NEPA), the Fort Bragg buildings and structures would be DATES: An emergency review has been Integrated Cultural Resource demolished. requested in accordance with the Act Management Plan (ICRMP) and Army The Overhills DEIS provides an (44 U.S.C. Chapter 3507(j)), since public Regulation 200–4, Cultural Resources analysis of both the beneficial and harm is reasonably likely to result if Management. adverse environmental impacts of the normal clearance procedures are Alternative 3—Intermediate training, different use alternatives for the followed. Approval by the Office of additional recreation, and adaptive Overhills, and analyzes quantitatively Management and Budget (OMB) has reuse and/or layaway of selected and qualitatively the potential been requested by February 18, 2005. A contributing elements within the environmental impacts of the proposed regular clearance process is also District. Under this alternative, the level alternatives. The resource areas beginning. Interested persons are of activity on the Overhills would be discussed and evaluated are: soils, invited to submit comments on or before increased to accommodate battalion- surface waters, groundwater, wetlands, April 12, 2005. sized units (approximately 1,000 vegetation, wildlife, protected species, ADDRESSES: Written comments personnel), plus support personnel. hazardous materials/waste management, regarding the emergency review should Training would occur in accordance solid waste management, air quality, be addressed to the Office of with the IRR. There are 40 battalions at noise, safety, land use, demographics Information and Regulatory Affairs, Fort Bragg. Battalion-size field exercises and economy, recreation, archaeological Attention: Carolyn Lovett, Desk Officer, typically use 75 or fewer vehicles per resources, and the historic district. The Department of Education, Office of exercise, including support vehicles. DEIS indicates that Alternative 1 (No Management and Budget; 725 17th Each battalion holds one or two 3-day Action) has the fewest potential impacts Street, NW., Room 10235, New field exercises per year. Movement because no new training types will be Executive Office Building, Washington, between NTA units I–IV and Overhills added, and all of the historic buildings DC 20503 or faxed to (202) 395–6974. (NTA V–VIII) would be fluid with no and structures will be preserved. SUPPLEMENTARY INFORMATION: Section training restrictions other than the Alternatives 2, 3, and 4 would have number of personnel permitted on the 3506 of the Paperwork Reduction Act of some potential adverse impacts to 1995 (44 U.S.C. Chapter 35) requires Overhills. several of the analyzed resources; Additional recreation would consist that the Director of OMB provide however mitigations to reduce those interested Federal agencies and the of the youth golf and horse stables impacts are identified in the DEIS. programs described for Alternative 2. public an early opportunity to comment Scoping and Comments: Fort Bragg on information collection requests. Hunting and fishing would continue to has distributed a series of newsletters be permitted, as discussed in OMB may amend or waive the that are also posted on the Fort Bragg Alternative 1. This alternative would requirement for public consultation to website and may be viewed at http:// treat the District as discussed under the extent that public participation in www.bragg.army.mil/ the approval process would defeat the Alternative 2. l Alternative 4 (Preferred Alternative)— envbr review.htm. All future purpose of the information collection, Maximum training, existing recreation, newsletters, notices of meetings, and violate State or Federal law, or and no preservation of the District. other public and stakeholder substantially interfere with any agency’s Under this alternative, the level of participation opportunities will also be ability to perform its statutory training would be increased to posted on this website. Comments or obligations. The Leader, Information accommodate brigade-sized units; the questions may also be submitted on this Management Case Services Team, Overhills would be fully incorporated website. Fort Bragg invites individuals Regulatory Information Management into the installation’s training program, and organizations to participate in the Services, Office of the Chief Information and used in the same manner as the DEIS review process by submitting Officer, publishes this notice containing other training areas on Fort Bragg. Units written comments (see ADDESSES) and proposed information collection up to, and including brigade size, would by attending a public meeting. A public requests at the beginning of the train in accordance with the IRR. Up to meeting will be held at the Cumberland Departmental review of the information approximately 5,000 personnel would County Library and Information Center collection. Each proposed information have access to the Overhills for training (see DATES). collection, grouped by office, contains purposes at one time. Dan K. McNeill, the following: (1) Type of review No additional recreational use of the General, USA, Commanding. requested, e.g., new, revision, extension, Overhills would occur under maximum [FR Doc. 05–2697 Filed 2–10–05; 8:45 am] existing or reinstatement; (2) title; (3) training due to the need for maneuver summary of the collection; (4) frontage and flexibility. Hunting and BILLING CODE 3710–08–M description of the need for, and fishing would continue as discussed proposed use of, the information; (5) under Alternative 1. respondents and frequency of After mitigating for the loss of DEPARTMENT OF EDUCATION collection; and (6) reporting and/or historical integrity by fulfillment of all recordkeeping burden. OMB invites legal requirements under the NHPA, the Notice of Proposed Information public comment. Fort Bragg ICRMP, and AR 200–4, Collection Requests The Department of Education is Cultural Resources Management, the 56 especially interested in public comment contributing elements would be AGENCY: Department of Education. addressing the following issues: (1) Is integrated into the training program. All SUMMARY: The Leader, Information this collection necessary to the proper contributing and non-contributing Management Case Services Team, functions of the Department; (2) will elements as well as standing structures Regulatory Information Management this information be processed and used determined not eligible for the NRHP Services, Office of the Chief Information in a timely manner; (3) is the estimate would be evaluated for use in training Officer, invites comments on the of burden accurate; (4) how might the exercises. The buildings that could be proposed information collection Department enhance the quality, utility,
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and clarity of the information to be 202–245–6621. Please specify the Team, Regulatory Information collected; and (5) how might the complete title of the information Management Services, Office of the Department minimize the burden of this collection when making your request. Chief Information Officer, publishes this collection on the respondents, including Comments regarding burden and/or notice containing proposed information through the use of information the collection activity requirements collection requests at the beginning of technology. should be directed to Sheila Carey at her the Departmental review of the Dated: February 8, 2005. e-mail address [email protected]. information collection. Each proposed Individuals who use a information collection, grouped by Angela C. Arrington, telecommunications device for the deaf office, contains the following: (1) Type Leader, Information Management Case (TDD) may call the Federal Information of review requested, e.g. new, revision, Services Team, Regulatory Information Management Services, Office of the Chief Relay Service (FIRS) at 1–800–877– extension, existing or reinstatement; (2) Information Officer. 8339. title; (3) summary of the collection; (4) description of the need for, and [FR Doc. E5–578 Filed 2–10–05; 8:45 am] Office of Special Education and proposed use of, the information; (5) Rehabilitative Services BILLING CODE 4000–01–P respondents and frequency of Type of Review: Revision. collection; and (6) reporting and/or Title: Annual State Application Under DEPARTMENT OF EDUCATION recordkeeping burden. OMB invites Part B of the IDEA as Amended in 2004. public comment. Frequency: Annually. Notice of Proposed Information The Department of Education is Affected Public: State, Local, or Tribal Collection Requests especially interested in public comment Gov’t, SEAs or LEAs. addressing the following issues: (1) Is AGENCY: Reporting and Recordkeeping Hour Department of Education. this collection necessary to the proper Burden: SUMMARY: The Leader, Information functions of the Department; (2) will Responses: 57. Management Case Services Team, this information be processed and used Burden Hours: 456. Regulatory Information Management in a timely manner; (3) is the estimate Abstract: The Individuals with Services, Office of the Chief Information of burden accurate; (4) how might the Disabilities Education Improvement Act Officer, invites comments on the Department enhance the quality, utility, of 2004, signed on December 3, 2004, proposed information collection and clarity of the information to be became PL 108–446. In accordance with requests as required by the Paperwork collected; and (5) how might the 20 U.S.C. 1412(a) a State is eligible for Reduction Act of 1995. Department minimize the burden of this assistance under part B for a fiscal year DATES: An emergency review has been collection on the respondents, including if the State submits a plan that provides requested in accordance with the Act through the use of information assurances to the Secretary that the (44 U.S.C. Chapter 3507(j)), since public technology. State has in effect policies and harm is reasonably likely to result if Dated: February 8, 2005. procedures to ensure that the State normal clearance procedures are Angela C. Arrington, meets each of the conditions found in followed. Approval by the Office of Leader, Information Management Case 20 U.S.C. 1412. Information Collection Management and Budget (OMB) has Services Team, Regulatory Information 1820–0030 is being revised so that a been requested by February 18, 2005. A Management Services, Office of the Chief State can provide assurances that it regular clearance process is also Information Officer. beginning. Interested persons are either has or does not have in effect Office of Special Education and invited to submit comments on or before policies and procedures to meet the Rehabilitative Services eligibility requirements of part B of the April 12, 2005. Act as found in PL 108–446. ADDRESSES: Written comments Type of Review: Revision. Title: Annual State Application Under ADDITIONAL INFORMATION: This collection regarding the emergency review should Part C of the IDEA as Amended in 2004. is being revised so that a State can be addressed to the Office of Information and Regulatory Affairs, Frequency: Annually. provide assurances that it either has or Affected Public: State, local, or tribal Attention: Carolyn Lovett, Desk Officer, does not have in effect policies, government, SEAs or LEAs. procedures, methods, descriptions, and Department of Education, Office of Reporting and Recordkeeping Hour assurances that meet the application Management and Budget, 725 17th Burden: requirements of part B of the Act as Street, NW., Room 10235, New Responses: 56. found in PL 108–446. Some policies, Executive Office Building, Washington, Burden Hours: 560. procedures, methods, and descriptions DC 20503 or faxed to (202) 395–6974. Abstract: The Individuals with must be submitted to the Secretary. SUPPLEMENTARY INFORMATION: Section Disabilities Education Improvement Act Requests for copies of the proposed 3506 of the Paperwork Reduction Act of of 2004, signed on December 3, 2004, information collection request may be 1995 (44 U.S.C. chapter 35) requires that became Public Law 108–446. In order to accessed from http://edicsweb.ed.gov, the Director of OMB provide interested be eligible for a grant under 20 U.S.C. by selecting the ‘‘Browse Pending Federal agencies and the public an early 1433, a State shall provide assurance to Collections’’ link and by clicking on opportunity to comment on information the Secretary that the State has adopted link number 2682. When you access the collection requests. OMB may amend or a policy that appropriate early information collection, click on waive the requirement for public intervention services are available to all ‘‘Download Attachments’’ to view. consultation to the extent that public infants and toddlers with disabilities in Written requests for information should participation in the approval process the State and their families, including be addressed to U.S. Department of would defeat the purpose of the Indian infants and toddlers with Education, 400 Maryland Avenue, SW., information collection, violate State or disabilities and their families residing Potomac Center, 9th Floor, Washington, Federal law, or substantially interfere on a reservation geographically located DC 20202–4700. Requests may also be with any agency’s ability to perform its in the State, infants and toddlers with electronically mailed to the Internet statutory obligations. The Leader, disabilities who are homeless children address [email protected] or faxed to Information Management Case Services and their families, and has in effect a
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statewide system that meets the 1. Coral Power, L.L.C., Coral Energy Eastern Desert states it has served a requirements of 20 U.S.C. 1435. Management, LLC, Coral Canada US copy of the filing on the Securities and Information Collection 1820–0550 is Inc., Baconton Power LLC Exchange Commission, the California being revised so that a State can provide [Docket No. EC05–42–000] Public Utilities Commission, the Oregon assurances that it either has or does not Public Utilities Commission, the Take notice that on February 1, 2005, have in effect policies, procedures, Washington Utilities and Transportation Coral Power, L.L.C. (Coral Power), Coral methods, descriptions, and assurances Commission, the Utah Public Service Energy Management, LLC (Coral EM), that meet the application requirements Commission, the Idaho Public Utilities Coral Canada US Inc. (Coral Canada), of part C of the Act as found in Public and Baconton Power LLC (Baconton) Commission, and the Wyoming Public Law 108–446. (collectively, Applicants) submitted an Service Commission. Additional Information: This application pursuant to section 203 of Comment Date: 5 p.m. eastern time on collection is being revised so that a State the Federal Power Act for authorization February 25, 2005. can provide assurances that it either has of a disposition of jurisdictional 3. ISO New England Inc. or does not have in effect policies, facilities related to the transfer of [Docket No. ER01–316–015] procedures, methods, descriptions, and indirect upstream interests in assurances that meet the application Applicants from Bechtel Enterprises Take notice that on February 1, 2005, requirements of part C of the Act as Energy B.V. (Bechtel) to an indirect ISO New England Inc. filed its Index of found in Public Law 108–446. Some wholly-owned subsidiary of N.V. Customers for the fourth quarter of 2004 policies, procedures, methods, and Koninklijke Nederlandsche Petroleum for its tariff for transmission dispatch descriptions must be submitted to the Maatschappij (Royal Dutch Petroleum and power administration services in Secretary. Company), a Netherlands company, and compliance with Order No. 614. Requests for copies of the proposed the ‘‘Shell’’ Transport & Trading Comment Date: 5 p.m. eastern time on information collection request may be Company, p.l.c., a United Kingdom February 22, 2005. accessed from http://edicsweb.ed.gov, company (collectively, Shell Parents). 4. DTE East China, LLC, DTE Energy by selecting the ‘‘Browse Pending Applicants state that as a result of the Trading, Inc. Collections’’ link and by clicking on transaction, Coral Power, Coral EM, and link number 2681. When you access the Coral Canada will be indirect wholly- [Docket No. ER03–1206–001] information collection, click on owned subsidiaries of the Shell Parents Take notice that on February 1, 2005, ‘‘Download Attachments’’ to view. and that the Shell Parents will DTE East China, LLC (DTE East China) Written requests for information should indirectly own a 35 percent interest in submitted supplemental information be addressed to U.S. Department of Baconton. Applicants further state that pursuant to the settlement approved by Education, 400 Maryland Avenue, SW., Coral Power, Coral EM, and Coral the Commission in its order issued June Potomac Center, 9th Floor, Washington, Canada are power marketers that do not 2, 2004, in Docket No. ER03–1206–000, DC 20202–4700. Requests may also be own any electric generation, 107 FERC ¶ 61,236. electronically mailed to the Internet transmission, or distribution facilities DTE East China states that copies of address [email protected] or faxed to and Baconton is an exempt wholesale the filing were served on parties on the 202–245–6621. Please specify the generator that owns an approximately official service list in this proceeding. complete title of the information 192 MW generating facility in Mitchell Comment Date: 5 p.m. eastern time on collection when making your request. County, Georgia. Applicants have February 22, 2005. Comments regarding burden and/or requested confidential treatment of 5. Midwest Independent Transmission, the collection activity requirements Exhibit D and Exhibit I to the System Operator, Inc. and Mid- should be directed to Sheila Carey at her Application. Continent Area Power Pool e-mail address [email protected]. Comment Date: 5 p.m. eastern time on Individuals who use a February 22, 2005. [Docket Nos. ER04–691–023, EL04–104–022, ER04–960–003] telecommunications device for the deaf 2. Eastern Desert Power LLC (TDD) may call the Federal Information Take notice that on February 1, 2005, Relay Service (FIRS) at 1–800–877– [Docket No. EG05–37–000] the Midwest Independent Transmission 8339. On February 1, 2005, Eastern Desert System Operator, Inc. (Midwest ISO) [FR Doc. E5–579 Filed 2–10–05; 8:45 am] Power LLC (Eastern Desert), filed with and Mid-Continent Area Power Pool (MAPP), submitted for filing a seams BILLING CODE 4000–01–P the Federal Energy Regulatory Commission an application for operating agreement between the determination of exempt wholesale Midwest Independent Transmission generator status pursuant to part 365 of System Operator, Inc. and MAPPCOR. DEPARTMENT OF ENERGY the Commission’s regulations. The Midwest ISO and MAPP request an Eastern Desert states it is a Delaware effective date of March 1, 2005. Federal Energy Regulatory limited liability company and will be The Midwest ISO states that it has Commission engaged directly and exclusively in the served a copy of this filing business of owning all or part of one or electronically, with attachments, on all [Docket No. EC05–42–000, et al.] more eligible facilities, and selling Midwest ISO Members, Member electric energy at wholesale. Eastern representatives of Transmission Owners Coral Power, L.L.C., et al.; Electric Rate Desert further explains it is developing and non-Transmission Owners, the and Corporate Filings an approximately 51 megawatt wind Midwest ISO Advisory Committee power generation facility to be located participants, as well as all state February 4, 2005. in San Bernardino County, California. commissions in the region. In addition, The following filings have been made Eastern Desert further states that the the Midwest ISO states that the filing with the Commission. The filings are Project will be an eligible facility has been posted electronically on the listed in ascending order within each pursuant to section 32(a)(2) of the Midwest ISO’s Web site at http:// docket classification. Public Utility Holding Act of 1935. www.midwestiso.org under the heading
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‘‘Filings to FERC’’ for other interested and Electric Company, and Holyoke 10. New England Power Company parties in this matter. MAPP states that Water Power Company; The United [Docket No. ER05–530–000] copies of this filing were served upon Illuminating Company; Fitchburg Gas all MAPP members, and each state and Electric Light Company; Unitil Take notice that on January 31, 2005, electric utility regulatory commission in Energy Systems, Inc.; Vermont Electric New England Power Company (NEP) the MAPP region. Power Company; Central Vermont tendered for filing Network Integration Comment Date: 5 p.m. eastern time on Public Service Corporation; Green Transmission Service Agreements February 22, 2005. Mountain Power Corporation and between NEP and Dominion Energy Vermont Electric Cooperative Brayton Point, LLC, Dominion Energy 6. Southwest Power Pool, Inc. (collectively, the New England TOs) and Manchester Street, Inc., and Dominion [Docket No. ER05–526–000] Florida Power & Light Company-New Energy Salem Harbor, LLC, designated as Original Service Agreement Nos. 217, Take notice that on January 31, 2005, England Division, (collectively with the 218 and 219 under NEP’s FERC Electric Southwest Power Pool, Inc. (SPP) ISO and the New England TOs, the Tariff, Second Revised Volume No. 9. submitted for filing a partially executed Filing Parties) submitted, pursuant to NEP requests an effective date of Network Integration Transmission section 205 of the Federal Power Act: (1) January 1, 2005. Service Agreement between SPP and Revisions to the Transmission Operating Oklahoma Municipal Power Authority Agreement (TOA) among the ISO, the NEP states that copies of this filing (OMPA), as well as a partially executed New England TOs, and other have been served on Dominion Energy Network Operating Agreement between Participating Transmission Owners to and regulators in the States of SPP, OMPA and American Electric list the Initial Participating Massachusetts and Rhode Island. Power Company (AEP). SPP requests an Transmission Owners under the TOA; Comment Date: 5 p.m. eastern time on effective date of January 1, 2005. and (2) revisions to the Rate Design and February 22, 2005. SPP states that both OMPA and AEP Funds Disbursement Agreement 11. New England Power Pool and ISO were served with a copy of this filing. (Disbursement Agreement) among the New England Inc. Comment Date: 5 p.m. eastern time on Participating Transmission Owners to February 22, 2005. list the initial parties to that [Docket No. ER05–531–000] Disbursement Agreement. Take notice that on January 31, 2005, 7. ISO New England Inc., Bangor Comment Date: 5 p.m. eastern time on ISO New England Inc. (the ISO) and the Hydro-Electric Company, Central February 22, 2005. New England Power Pool (NEPOOL) Maine Power Company, NSTAR Participants Committee jointly filed for Electric & Gas Corporation, on Behalf of 8. Idaho Power Company acceptance changes to Market Rule 1 Its Affiliates Boston Edison Company, [Docket No. ER05–528–000] that would allow for the partial delisting Commonwealth Electric Company, Take notice that on January 31, 2005, of capacity resources for sale to Cambridge Electric Light Company, and Idaho Power Company (Idaho Power) neighboring control areas. The ISO Canal Electric Company, New England tendered for filing Network Integration requests an effective date of June 1, Power Company, Northeast Utilities Transmission Service Agreements 2005. Service Company, on Behalf of Its between Idaho Power and Bonneville NEPOOL and the ISO state that copies Operating Company Affiliates The Power Administration and Idaho of these materials were sent to the New Connecticut Light and Power Company, Power—Power Supply designated as England state governors and regulatory Western Massachusetts Electric Fifth Revised Service Agreement No. commissions and the Participants in Company, Public Service Company of 156 and Third Revised Service NEPOOL. New Hampshire and Holyoke Water Agreement No. 158 under Idaho Power’s Comment Date: 5 p.m. eastern time on Power Company, The United FERC Electric Tariff First Revised February 22, 2005. Illuminating Company, Fitchburg Gas Volume No. 5. Idaho Power requests an and Electric Light Company, Unitil 12. New England Power Pool effective date of January 1, 2005. Energy Systems, Inc., Vermont Electric Comment Date: 5 p.m. eastern time on [Docket No. ER05-532-000] Power Company, Central Vermont February 22, 2005. Public Service Corporation, Green Take notice that on January 31, 2005, Mountain Power Corporation, Vermont 9. New England Power Company the New England Power Pool (NEPOOL) Participants Committee filed for Electric Cooperative, Florida Power & [Docket No. ER05–529–000] Light Company—NewEngland Division acceptance materials to permit NEPOOL Take notice that on January 31, 2005, (1) to expand its membership to include [Docket No. ER05–527–000] New England Power Company (NEP) the Order of St. Benedict of New Take notice that on January 31, 2005, tendered for filing the Second Revised Hampshire, d/b/a Saint Anselm College ISO New England Inc. (the ISO) and Service Agreement No. 116 for Network (St. Anselm), Spring Street Limited Bangor Hydro-Electric Company; Integration Transmission Service under Partnership (Spring Street LP), Spring Central Maine Power Company; NSTAR NEP’s Open Access Transmission Tariff, Street Energy, LLC (SSE) and Harvard Electric & Gas Corporation, on behalf of Second Revised Volume No. 9 between Dedicated Energy Limited (HDEL), and its affiliates Boston Edison Company, NEP and USGen New England, Inc., (2) to terminate the membership of Commonwealth Electric Company, (USGen). NEP states that the purpose of Engage Energy America LLC (Engage). Cambridge Electric Light Company, and this revised agreement is to remove The Participants Committee requests the Canal Electric Company; New England certain points of delivery. NEP requests following effective dates: February 1, Power Company; Northeast Utilities an effective date of January 1, 2005. 2005, for the NEPOOL membership of Service Company, on behalf of its NEP states that copies of this filing St. Anselm, Spring Street LP, SSE and operating company affiliates The have been served on USGen and HDEL; and January 1, 2005, for the Connecticut Light and Power Company, regulators in the States of Massachusetts termination of Engage. Western Massachusetts Electric and Rhode Island. The Participants Committee states Company, Public Service Company of Comment Date: 5 p.m. eastern time on that copies of these materials were sent New Hampshire and Holyoke Power February 22, 2005. to the New England state governors and
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regulatory commissions and the (866) 208–3676 (toll free). For TTY, call Docket Center Public Reading Room is Participants in NEPOOL. (202) 502–8659. open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal Comment Date: 5 p.m. eastern time on Linda Mitry, February 22, 2005. holidays. The telephone number for the Deputy Secretary. Reading Room is (202) 566–1744, and 13. Coral Canada US Inc. [FR Doc. E5–580 Filed 2–10–05; 8:45 am] the telephone number for the EPA Air BILLING CODE 6717–01–P Docket is (202) 566–1742. An electronic [Docket No. ER05-533-000] version of the public docket is available Take notice that on January 31, 2005, through EPA Dockets (EDOCKET) at Coral Canada US Inc. (Coral Canada) ENVIRONMENTAL PROTECTION http://www.epa.gov/edocket. Use submitted for filing a notice of AGENCY EDOCKET to obtain a copy of the draft cancellation of its market-based rate [OAR–2003–0017, FRL–7872–3] collection of information, submit or electric tariff, Rate Schedule FERC No. view public comments, access the index 1. Coral Canada requests an effective Agency Information Collection listing of the contents of the public date of March 31, 2005. Activities: Proposed Collection; docket, and to access those documents Comment Request; Request for in the public docket that are available Coral Canada states that copies of the Applications for a Critical Use electronically. Once in the system, filing were not served upon any party, Exemption From the Phaseout of select ‘‘search,’’ then key in the docket because such cancellation affects no Methyl Bromide. EPA Number 2031.02, ID number identified above. purchasers under Coral Canada’s Rate OMB Control Number 2060–0482 Any comments related to this ICR Schedule FERC No. 1. should be submitted to EPA within 60 Comment Date: 5 p.m. eastern time on AGENCY: Environmental Protection days of this notice. EPA’s policy is that February 22, 2005. Agency (EPA). public comments, whether submitted ACTION: Notice. electronically or in paper, will be made Standard Paragraph available for public viewing in SUMMARY: In compliance with the EDOCKET as EPA receives them and Any person desiring to intervene or to Paperwork Reduction Act (44 U.S.C. without change, unless the comment protest this filing must file in 3501 et seq.), this document announces contains copyrighted material, accordance with Rules 211 and 214 of that EPA is planning to submit a Confidential Business Information (CBI), the Commission’s Rules of Practice and continuing Information Collection or other information whose public Procedure (18 CFR 385.211 and Request (ICR) to the Office of disclosure is restricted by statute. When 385.214). Protests will be considered by Management and Budget (OMB). This is EPA identifies a comment containing the Commission in determining the a request to renew an existing approved copyrighted material, EPA will provide appropriate action to be taken, but will collection. This ICR is scheduled to a reference to that material in the not serve to make protestants parties to expire on May 31, 2005. Before version of the comment that is placed in the proceeding. Any person wishing to submitting the ICR to OMB for review EDOCKET. The entire printed comment, become a party must file a notice of and approval, EPA is soliciting including the copyrighted material, will intervention or motion to intervene, as comments on specific aspects of the be available in the public docket. appropriate. Such notices, motions, or proposed information collection as Although identified as an item in the protests must be filed on or before the described below. official docket, information claimed as comment date. Anyone filing a motion DATES: Comments must be submitted on CBI, or whose disclosure is otherwise to intervene or protest must serve a copy or before April 12, 2005. restricted by statute, is not included in the official public docket, and will not of that document on the Applicant and ADDRESSES: Submit your comments, be available for public viewing in all parties to this proceeding. referencing docket ID number OAR– 2003–0017, to EPA online using EDOCKET. For further information The Commission encourages EDOCKET (our preferred method), by about the electronic docket, see EPA’s electronic submission of protests and email to [email protected], or by Federal Register notice describing the interventions in lieu of paper using the mail to: EPA Docket Center, (EPA/DC), electronic docket at 67 FR 38102 (May ‘‘eFiling’’ link at http://www.ferc.gov. Environmental Protection Agency, EPA 31, 2002), or go to http://www.epa.gov./ Persons unable to file electronically West, Room B102, 1301 Constitution edocket. Affected entities: Entities potentially should submit an original and 14 copies Ave. NW., Washington, DC 20460. of the protest or intervention to the affected by this action are users of FOR FURTHER INFORMATION CONTACT: Federal Energy Regulatory Commission, methyl bromide, e.g., farmers of Marta Montoro, Office of Air and vegetable crops, fruits, and seedlings, 888 First Street, NE., Washington, DC Radiation, Stratospheric Protection 20426. and owners of stored food commodities Division (6205J), U.S. Environmental and structures such as grain mills and This filing is accessible on-line at Protection Agency, 1200 Pennsylvania processors, agricultural consortia and http://www.ferc.gov, using the Ave., NW., Washington, DC 20460; representative groups, Government and ‘‘eLibrary’’ link and is available for telephone number: (202) 343–9321, fax non-government researchers, as well as review in the Commission’s Public number: (202) 343–2337; email address: producers, importers, exporters, and Reference Room in Washington, DC. [email protected]. distributors of methyl bromide, and There is an ‘‘eSubscription’’ link on the SUPPLEMENTARY INFORMATION: EPA has applicators of methyl bromide. Web site that enables subscribers to established a public docket for this ICR Title: Request for Applications of receive e-mail notification when a under Docket ID number OAR–2003– Critical Use Exemptions from the document is added to a subscribed 0017, which is available for public Phaseout of Methyl Bromide. docket(s). For assistance with any FERC viewing at the EPA Air Docket in the Abstract: With this Information Online service, please e-mail EPA Docket Center (EPA/DC), EPA Collection Request (ICR), EPA’s Office [email protected], or call West, Room B102, 1301 Constitution of Air and Radiation (OAR) and Office Ave., NW., Washington, DC. The EPA of Prevention, Pesticides, and Toxic
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Substances (OPPTS) are continuing the (iii) Enhance the quality, utility, and information; and transmit or otherwise existing request for critical use clarity of the information to be disclose the information. exemption applications for methyl collected; and Dated: February 2, 2005 (iv) Minimize the burden of the bromide, under the Clean Air Act (CAA) Drusilla Hufford, and in accordance with U.S. obligations collection of information on those who are to respond, including through the Director, Stratospheric Protection Division, under the Montreal Protocol on Office of Air and Radiation. Substances that Deplete the Ozone use of appropriate automated electronic, [FR Doc. 05–2713 Filed 2–10–05; 8:45 am] Layer (Protocol). The information is mechanical, or other technological collected so that the U.S. government collection techniques or other forms of BILLING CODE 6560–50–P can submit a technically valid methyl information technology, e.g., permitting electronic submission of responses. bromide critical use exemption ENVIRONMENTAL PROTECTION Burden Statement: nomination to the Ozone Secretariat of AGENCY the United Nations Environment The annual burden is reported in this Programme on an annual basis. Since notice by annual respondent burden. [ER–FRL–6660–5] 2002, this information has primarily This estimate includes the time needed been collected through agricultural to read the CAA request for Environmental Impact Statements and consortia, though individuals have also applications, process, compile, and Regulations; Availability of EPA submitted applications. If an applicant review the requested data for accuracy Comments and appropriateness, generate indicates that the application contains Availability of EPA comments application correspondence, and store, Confidential Business Information (CBI), prepared pursuant to the Environmental file, and maintain the information. This that information will be treated as such Review Process (ERP), under Section ICR renewal does not include any by EPA. Responses to the collection of 309 of the Clean Air Act and Section burden for third-party or public information are required in order for 102(2)(c) of the National Environmental disclosures that were not previously users to obtain a critical use exemption Policy Act, as amended. Requests for benefit. reviewed and approved by OMB. EPA estimated approximated 80% of copies of EPA comments can be directed In 2003, EPA created separate the respondents would be pre-plant or to the Office of Federal Activities at applications for methyl bromide pre- soil users, with the remaining 20% (202) 564–7167. plant users and post-harvest users in being post-harvest users. EPA also An explanation of the ratings assigned order to facilitate data collection as the initially calculated individual and to draft environmental impact pre-plant and post-harvest fumigation consortia burden. The annual burden statements (EISs) was published in the contexts differ. In 2005, EPA is hours for this collection of information Federal Register dated April 2, 2004 (69 considering proposing to format both were initially estimated and FR 17403). the pre-plant and post-harvest summarized as follows, as stated in a applications to more closely resemble Draft EISs notice published in the Federal Register the forms for the nominations required ERP No. D–AFS–D65031–PA Rating on June 27, 2001 (66 FR 34181): by the Methyl Bromide Technical Respondents/affected entities: 200. LO, Martin Run Project, To Implement Options Committee (MBTOC), an Estimated total number of potential Management Direction as Outlined in advisory body to the Parties to the respondents: 200. Allegheny National Forest Plan, Protocol. Frequency of response: Annual. Bradford Ranger District, Allegheny An agency may not conduct or Estimated total/average number of National Forest, Warren and McKean sponsor, and a person is not required to responses for each respondent: 1. Counties, PA. respond to, a collection of information Estimated total annual burden hours: Summary: EPA does not object to the unless it displays a currently valid OMB 25,000. preferred alternative. control number. The OMB control Estimated total annual burden costs: ERP No. D–AFS–J65425–00 Rating numbers for EPA’s regulations in 40 $1,500,000. EC2, Black Hills National Forest Land CFR are listed in 40 CFR part 9. EPA seeks comment on the above and Resource Management Plan Phase II EPA initially calculated that 95% of summary. EPA may revise the Amendment, Proposal to Amend the users would apply with a consortia and calculations based on the critical use 1997 Land and Resource Management the remaining 5% would apply exemption applications received Plan, Custer, Fall River, Lawrence, independently. EPA also calculated annually between 2002–2004. Meade, and Pennington Counties, SD each user’s burden prior to submitting Burden means the total time, effort, or and Crook and Weston Counties, WY. data to a consortia. EPA encourages the financial resources expended by persons Summary: EPA expressed electronic submission of CUE to generate, maintain, retain, or disclose environmental concerns because the applications. or provide information to or for a Preferred Alternative may cause adverse Federal agency. This includes the time impacts to water quality, aquatic, and The EPA would like to solicit needed to review instructions; develop, terrestrial resources, and recommends comments to: acquire, install, and utilize technology that the Final EIS include quantitative (i) Evaluate whether the proposed and systems for the purposes of analysis of water and air quality, and collection of information is necessary collecting, validating, and verifying provisions for greater natural resource for the proper performance of the information, processing and and water quality protection. functions of the Agency, including maintaining information, and disclosing ERP No. D–AFS–L65473–OR Rating whether the information will have and providing information; adjust the LO, Rogue River-Siskiyou National practical utility; existing ways to comply with any Forest, Special Use Permits for Outfitter (ii) Evaluate the accuracy of the previously applicable instructions and and Guide Operations on the Lower Agency’s estimate of the burden of the requirements; train personnel to be able Rogue and Lower Illinois Rivers, Gold proposed collection of information, to respond to a collection of Beach Ranger District, Rogue River- including the validity of the information; search data sources; Siskiyou National Forest, Curry County, methodology and assumptions used; complete and review the collection of OR.
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Summary: EPA conducted a limited potentially significant impacts to human Implementation, Endangered Species review of the Draft EIS and does not health. Recent sampling conducted by Act, OR and WA. object to the proposed project. EPA indicates that off-highway vehicle Summary: No formal comment letter ERP No. D–BOP–D80031–WV Rating users in the project area are exposed to sent to the preparing agency. EC2, Southern West Virginia Proposed substantially higher amounts of asbestos ERP No. F–NPS–D39027–00 Federal Correctional Institution, Four than was assumed in the DEIS. EPA Chesapeake Bay Special Resource Study Alternatives Sites in Southern West recommends that BLM wait until EPA (SRS), To Conserve and Restore Virginia: Boone County, Mingo County, completes its forthcoming exposure Chesapeake Bay, New Unit of the Nicholas County, and McDowell evaluation, use it to recalculate the National Park System, MD, VA, PA and County, WV. health risk, and incorporate this DC. Summary: EPA expressed information into a Revised or Summary: EPA does not object to the environmental concerns because of Supplemental EIS. The Revised or selection of the preferred alternative. secondary and cumulative impacts with Supplemental DEIS should also analyze ERP No. F–NPS–F08011–WI all alternatives, and requested that these a full array of reasonable alternatives Arrowhead-Weston Transmission Line issues be evaluated in the Final EIS. and mitigation measures in order to to Right-of-Way Crossing of the St. Croix Also, EPA asked that the Final EIS avoid or reduce these impacts, National Scenic Riverway, U.S. Army provide documentation to verify including complete closure of the area COE Section 10 and 404 Permits, Washburn County, WI. completion of the mitigation specified and full dry season closure. in the 404 permit. Summary: EPA’s previous issues have ERP No. D–CGD–K03027–CA Rating Final EISs been addressed, therefore EPA has no EC2, Cabrillo Port Liquefied Natural Gas ERP No. F–AFS–J65419–MT Gallatin objection to the proposed action. (LNG) Deepwater Port, Construction and National Forest, Main Boulder Fuels Dated: February 8, 2005. Operation an Offshore Floating Storage Reduction Project, Implementation, Robert W. Hargrove, and Regasification Unit (FSRU), Gallatin National Forest, Big Timber Director, NEPA Compliance Division, Office Application for License, Ventura and Ranger District, Big Timber, Sweetgrass of Federal Activities. Los Angeles Counties, CA. and Park Counties, MT. [FR Doc. 05–2707 Filed 2–10–05; 8:45 am] Summary: EPA expressed Summary: While EPA support BILLING CODE 6560–50–P environmental concerns about impacts reducing fuels and fire risk, we continue to air quality, the analysis for General to have some concerns about the Conformity, and the availability of potential for adverse impacts of the ENVIRONMENTAL PROTECTION emission reduction credits. EPA proposed actions on water quality, AGENCY requested that additional information be fisheries, and riparian habitats. [ER–FRL–6660–4] provided on the potential impacts and ERP No. F–AFS–L65454–OR Diamond risks from emergency/accidental Lake Restoration Project, Improve Water Environmental Impact Statements; releases of LNG or natural gas. EPA also Quality and the Recreational Fishery, Notice of Availability requested additional information on Umpqua National Forest, Diamond Lake several NPDES permitting issues, Ranger District, Umpqua River Basin, Responsible Agency: Office of Federal impacts to waters of the U.S., and Douglas County, OR. Activities, General Information (202) compliance with the Safe Drinking Summary: No formal comment letter 564–7167 or http://www.epa.gov/ Water Act. was sent to the preparing agency. compliance/nepa/. ERP No. DS–GSA–D81027–MD Rating ERP No. F–BIA–J02044–WY Wind Weekly receipt of Environmental Impact EC1, U.S. Food and Administration River Natural Gas Field Development Statements. (FDA) Consolidation, Updated and New Project, Construction, Drilling and Filed January 31, 2005 through February Information, Constructing a New Production Operation of Natural Gas 4, 2005. Eastern Access Road and over Paint Wells, Fremont County, WY. Pursuant to 40 CFR 1506.9. Branch, Construct Additional Facilities Summary: No formal comment letter EIS No. 050044, Draft EIS, BLM, WY, to Support Expanded Program, was sent to the preparing agency. Jonah Infill Drilling Project, Propose Relocating The Day Care Center, Federal ERP No. F–CGD–G39040–LA Gulf to Expand Development of Natural Research Center at White Oak, Silver Landing Deepwater Port License Gas Drilling, Sublette County, WY. Spring, Montgomery, MD. Application for Construct of a Comment Period Ends: April 12, Summary: EPA expressed Deepwater Port and Associated 2005. Contact: Carol Kruse (307) 367– environmental concerns about the Anchorages in the Gulf of Mexico, 5352. proposed project’s impacts on stream South of Cameron, LA. EIS No. 050045, Final EIS, AFS, AZ, banks and water quality within the Summary: EPA continues to express Coconino, Kaibab, and Prescott Federal Research Center, and requested concern regarding air modeling issues National Forest, Integrated Treatment that additional information, including and cumulative impacts. of Noxious and Invasive Weeds. adoption of stringent mitigation ERP No. F–FHW–F40413–IL US Route Implementation, Coconino, Mojave measures and stream valley re- 20 (FAP 301) Project, Construction from and Yavapai Counties, AZ. Wait vegetation, be provided in the Final EIS IL Route 84 north of Galena to Bolton Period Ends: March 14, 2005. Contact: to address these issues. Road northwest of Freeport, Funding, Charles Ernst (928) 635–8317. ERP No. D1–BLM–K65158–CA Rating NPDES Permit and U.S. Army COE EIS No. 050046, Draft Supplement, **3, Clear Creek Resource Management Section 404 Permit Issuance, Jo Davies BLM, MT, Golden Sunlight Mine Pit Area Plan Amendment, Hollister and Stephenson Counties, IL. Reclamation Alternatives. Updated Resource Management Plan, Summary: Since EPA’s previous Information, Operating Permit No. Implementing the Decision Made in the concerns have been resolved, EPA has 00065 and Plan-of-Operation #MTM 1999 CCMA ROD, San Benito and no objection to the action as proposed. 82855, Whitehall, Jefferson County, Fresno Counties, CA. ERP No. F–NOA–L91024–00 Puget MT. Comment Period Ends: April 12, Summary: The Draft EIS does not Sound Chinook Harvest Resource 2005. Contact: David Williams (406) adequately assess the project’s Management Plan (RMP) 2004–2009, 533–7655.
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EIS No. 050047, Draft EIS, BIA, NY, 2005. Contact: Ken Smith (202) 267– Agreement with EPA, will convene a Stockbridge-Munsee Casino Project, 0225. The U.S. Coast Guard and The panel of experts and organize and Proposes to Take Land into Trust for Maritime Administration are Joint conduct an external peer-review panel Gaming Purposes to Address the Lead Agencies for the above Project. meeting to review the external review Tribe’s Economic Development, EIS No. 050054, Draft EIS, NOA, WA, draft document entitled, ‘‘Toxicological Bands of Mohican Indians of Washington State Forest Habitat Review of n-Hexane: In Support of Wisconsin (the Tribe), NPDES Permit Conservation Plan, Proposed Issuance Summary Information on the Integrated and U.S. Army COE Section 404 of Multiple Species Incidental Take Risk Information System (IRIS)’’ Permit, Town of Thompson, Sullivan Permit or (d) Rules, NPDES Permit, (NCEA–S–1605). The EPA is also County, NY. Comment Period Ends: U.S. Army COE Section 10 and 404 announcing a thirty-day public March 28, 2005. Contact: Kurt Permits, WA. Comment Period Ends: comment period for the draft document. Chandler (615) 467–1677. May 12, 2005. Contact: Ms. Sally The document was prepared by EPA’s EIS No. 050048, Final EIS, BLM, OR, Butts (360) 753–5832. National Center for Environmental Cascade-Siskiyou National Monument Assessment (NCEA) of the Office of Amended Notices (CSNM) Resource Management Plan, Research and Development. EPA will Implementation, Klamath and Rouge EIS No. 050004, Final EIS, SFW, WA, use comments and recommendations River Basins, Jackson County, OR. ID, OR, CA, Caspian Tern (sterna from the public and the expert panel Wait Period Ends: March 14, 2005. caspia) Management to Reduce meeting to finalize the draft document. Contact: Kathy Minor (541) 618–2245. Predation of Juvenile Salmonids in DATES: The public comment period will EIS No. 050049, Draft EIS, NOA, WA, the Columbia River Estuary. To begin on February 11, 2005 and CA, OR, Pacific Coast Groundfish Comply with the 2002 Settlement continue for thirty days through March Fishery Management Plan, To Agreement, Endangered Species Act 11, 2005. The peer-review panel Conserve and Enhance Essential Fish (ESA), Columbia River, WA, OR, ID meeting will begin on March 30, 2005, Habitat Designation and Minimization and CA. Wait Period Ends: March 7, at 9 a.m. and end at 3 p.m. To attend of Adverse Impacts, Pacific Coast 2005. Contact: Nanette Seto (503) the meeting, register by March 16, 2005. Exclusive Economic Zone, WA, OR 231–6164. Revision of FR Notice ADDRESSES: The external peer-review and CA. Comment Period Ends: May Published on 1/14/2005: CEQ 11, 2005. Contact: Maryann Nickerson panel meeting will be held at the Comment Period Ending 2/14/2005 American Geophysical Union (AGU) (206) 526–4490. has been extended to 3/07/2005. EIS No. 050050, Draft EIS, COE, MD, Headquarters, 2000 Florida Ave., NW., EIS No. 050023, Final EIS, NRC, SC, Washington, DC, 20009. Under an DE, WV, NY, PA, WV, DC, TIER 1— Savannah River Site Construction and DEIS Baltimore Harbor and Channels Interagency Agreement between EPA Operation of a Mixed Oxide (MOX) and the Department of Energy, the Oak Dredged Material Management Plan Fuel Fabrication Facility, NUREG– (DMMP), To Analyze Dredged Ridge Institute of Science and Education 1767, Aiken, Barnwell and Allendale (ORISE) is organizing, convening, and Material Placement, Port of Baltimore, Counties, SC. Wait Period Ends: Chesapeake Bay, MD, PA, DE, WV, conducting the peer-review panel February 28, 2005. Contact: Matthew VA, DC and NY. Comment Period meeting. To attend the meeting, register Blevins (301) 415–7684. Revision of Ends: March 28, 2005, Contact: Mark by March 16, 2005, by contacting FR Notice Published on 01/28/2005: Mendelsohn (410) 962–9499. ORISE, P.O. Box 117, MS 17, Oak Ridge, Correction to Agencies from DOE to EIS No. 050051, Draft Supplement, AFS, TN 37831–0117, at (865) 241–5784 or NRC. IL, Kudzu Eradication, Proposal to (865) 241–3168 (facsimile). Interested Eradicate Known Kudzu Infestations. Dated: February 8, 2005. parties may also register on-line at: Updated Information, Shawne Robert W. Hargrove, http://www.orau.gov/nhexane. Space is National Forest, Application for Director, NEPA Compliance Division, Office limited, and reservations will be Herbicide and Mechanical Treatment, of Federal Activities. accepted on a first-come, first-served Jackson, Alexander and Pope [FR Doc. 05–2708 Filed 2–10–05; 8:45 am] basis. Members of the public may Counties, IL. Comment Period Ends BILLING CODE 6560–50–P submit comments to the EPA EDOCKET Due: March 28, 2005. Contact: Tom (see Supplementary Information below). Neal (618) 658–2111. Public comments submitted to the EPA EIS No. 050052, Draft EIS, FHW, MI, IN, ENVIRONMENTAL PROTECTION EDOCKET by March 11, 2005 will be US–131 Improvement Study, from the AGENCY provided to the external peer review Indiana Toll Road (1–80/90) to a Point panel prior to the meeting. Members of One Mile North of Cowling Road, U.S. [FRL–7872–2] the public are invited to provide oral Army COE Section 404 Permit, St. Draft Toxicological Review of n- statements at the commencement of the Joseph County, MI and Elkhart Hexane: In Support of Summary meeting (for more information refer to County, IN. Comment Period Ends: Information on the Integrated Risk the instructions for registration below). March 28, 2005. Contact: Abdelmoez Information System (IRIS) A limited number of paper copies are A. Abdalla (517) 702–1820. available by contacting the IRIS Hotline EIS No. 050053, Draft EIS, CGD, AL, TX, AGENCY: Environmental Protection at (202) 566–1676 or (202) 566–1749 Compass Port and Deepwater Port Agency. (facsimile), [email protected] (e-mail). If License Application, To Construct a ACTION: Notice of public comment you are requesting a paper copy, please Liquefied Natural Gas (LNG) period and external peer-review panel provide your name, mailing address, Receiving, Storage and Regasification meeting. and the document title and number, Facility. Proposed Offshore Pipeline ‘‘Draft Toxicological Review of n- and Fabrication Site, NPDES Permit, SUMMARY: The U.S. Environmental Hexane: In Support of Summary and U.S. Army COE Section 10 and Protection Agency (EPA) is announcing Information on the Integrated Risk 404 Permits, Mobile County, AL San that the Oak Ridge Institute of Science Information System (IRIS)’’ (NCEA–S– Patricio and Nueces County, TX. and Education (ORISE), Department of 1605). Copies are not available from Comment Period Ends: March 28, Energy, under an Interagency ORISE.
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FOR FURTHER INFORMATION CONTACT: open from 8:30 a.m. to 4:30 p.m., number in the subject line on the first Questions regarding registration and Monday through Friday, excluding legal page of your comment. Please ensure logistics should be directed to Leslie holidays. The telephone number for the that your comments are submitted Shapard, ORISE, P.O. Box 117, MS 17, Public Reading Room is 202–566–1744, within the specified comment period. Oak Ridge, TN 37831–0117, at (865) and the telephone number for the OEI Comments received after the close of the 241–5784 or (865) 241–3168 (facsimile), Docket is 202–566–1752; facsimile: 202– comment period will be marked ‘‘late.’’ [email protected] (e-mail). 566–1753; or e-mail: Late comments may be considered if If you have questions about the [email protected]. time permits. document, contact Jamie C. Benedict, An electronic version of the public If you submit an electronic comment IRIS Staff, National Center for docket is available through EPA’s as prescribed below, EPA recommends Environmental Assessment, 1200 electronic public docket and comment that you include your name, mailing Pennsylvania Avenue, NW., (8601 D), system, EPA Dockets. You may use EPA address, and an e-mail address or other Washington, DC 20460; telephone: 202– Dockets at http://www.epa.gov/edocket/ contact information in the body of your 564–3386; facsimile: 202–565–0075; to submit or view public comments, comment. Also include this contact [email protected] (e-mail). access the index listing of the contents information on the outside of any disk SUPPLEMENTARY INFORMATION: of the official public docket, and to or CD ROM you submit, and in any access those documents in the public cover letter accompanying the disk or Integrated Risk Information System docket that are available electronically. (IRIS) CD ROM. This ensures that you can be Once in the system, select ‘‘search,’’ identified as the individual who IRIS is a database that contains then key in the appropriate docket submitted the comment and allows EPA information on the potential adverse identification number. to contact you in case EPA cannot read human health effects that may result Certain types of information will not your comment due to technical from chronic (or lifetime) exposure to be placed in the EPA Dockets. difficulties or needs further information specific chemical substances found in Information claimed as CBI and other on the substance of your comment. the environment. The database information whose disclosure is EPA’s policy is that EPA will not edit restricted by statute, which is not (available on the Internet at http:// your comment, and any identifying or included in the official public docket, www.epa.gov/iris) contains qualitative contact information provided in the will not be available for public viewing and quantitative health effects body of a comment will be included as information for more than 500 chemical in EPA’s electronic public docket. EPA’s part of the comment that is placed in the substances that may be used to support policy is that copyrighted material will official public docket, and made the first two steps (hazard identification not be placed in EPA’s electronic public available in EPA’s electronic public and dose-response evaluation) of the docket but will be available only in docket. If EPA cannot read your risk assessment process. When printed, paper form in the official public comment due to technical difficulties supported by available data, the docket. and cannot contact you for clarification, database provides oral reference doses EPA’s policy is that public comments, EPA may not be able to consider your (RfDs) and inhalation reference whether submitted electronically or in comment. concentrations (RfCs) for chronic health paper, will be made available for public effects, and oral slope factors and viewing in EPA’s electronic public Your use of EPA’s electronic public inhalation unit risks for carcinogenic docket as EPA receives them and docket to submit comments to EPA effects. Combined with specific without change, unless the comment electronically is EPA’s preferred method exposure information, government and contains copyrighted material, CBI, or for receiving comments. Go directly to private entities use IRIS to help other information whose disclosure is EPA Dockets at http://www.epa.gov/ characterize public health risks of restricted by statute. When EPA edocket, and follow the online chemical substances in a site-specific identifies a comment containing instructions for submitting comments. situation and thereby support risk copyrighted material, EPA will provide To access EPA’s electronic public management decisions designed to a reference to that material in the docket from the EPA Internet Home protect public health. version of the comment that is placed in Page, select ‘‘Information Sources,’’ EPA’s electronic public docket. The ‘‘Dockets,’’ and ‘‘EPA Dockets.’’ Once in EPA’s E-Docket entire printed comment, including the the system, select ‘‘search,’’ and then EPA has established an official public copyrighted material, will be available key in Docket ID No. ORD–2005–0007. docket for this action under Docket ID in the public docket. The system is an ‘‘anonymous access’’ No. ORD–2005–0007. The official public Public comments submitted on system, which means EPA will not docket consists of the documents computer disks that are mailed or know your identity, e-mail address, or specifically referenced in this action, delivered to the docket will be other contact information unless you any public comments received, and transferred to EPA’s electronic public provide it in the body of your comment. other information related to this action. docket. Public comments that are Comments may be sent by electronic Although a part of the official docket, mailed or delivered to the Docket will mail (e-mail) to [email protected], the public docket does not include be scanned and placed in EPA’s Attention Docket ID No. ORD–2005– Confidential Business Information (CBI) electronic public docket. Where 0007. In contrast to EPA’s electronic or other information whose disclosure is practical, physical objects will be public docket, EPA’s e-mail system is restricted by statute. The official public photographed, and the photograph will not an ‘‘anonymous access’’ system. If docket is the collection of materials that be placed in EPA’s electronic public you send an e-mail comment directly to is available for public viewing at the docket along with a brief description the Docket without going through EPA’s Office of Environmental Information written by the docket staff. electronic public docket, EPA’s e-mail (OEI) Docket in the Headquarters EPA You may submit comments system automatically captures your e- Docket Center, (EPA/DC) EPA West electronically, by mail, by facsimile, or mail address. E-mail addresses that are Building, Room B102, 1301 Constitution by hand delivery/courier. To ensure automatically captured by EPA’s e-mail Ave., NW., Washington, DC. The EPA proper receipt by EPA, identify the system are included as part of the Docket Center Public Reading Room is appropriate docket identification comment that is placed in the official
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public docket, and made available in meeting from Lawrence Martin, whose and editing and approval of the EPA’s electronic public docket. contact information is listed under the Subcommittee’s report. Proposed You may submit comments on a disk FOR FURTHER INFORMATION CONTACT agenda items for the face-to-face or CD ROM that you mail to the OEI section of this notice. meeting include, but are not limited to: Docket mailing address. These Face-to-Face Meeting: The face-to-face presentations by key EPA staff involved electronic submissions will be accepted meeting will be held at the U.S. EPA in the PM and O3 Research Program, in WordPerfect, Word, or ASCII file Research Triangle Park (RTP) Campus, poster sessions on ORD’s PM & O3 format. Avoid the use of special EPA Facility Building C Room C111, research, and preparation of the draft characters and any form of encryption. located at 109 T.W. Alexander Drive, report. The conference calls and the If you provide comments in writing, Research Triangle Park, NC 27711. face-to-face meeting are open to the please submit one unbound original public. Document Availability with pages numbered consecutively, Information on Services for the and three copies of the comments. For Draft agendas for the meetings are Handicapped: Individuals requiring attachments, provide an index, number available from Lawrence Martin, whose special accommodations at this meeting pages consecutively with the comments, contact information is listed under the should contact Lawrence Martin, and submit an unbound original and FOR FURTHER INFORMATION CONTACT Designated Federal Officer, at (202) three copies. section of this notice. Requests for the 564–6497 at least five business days Dated: February 7, 2005. draft agendas will be accepted up to 2 prior to the meeting so that appropriate Peter W. Preuss, business days prior to each conference arrangements can be made to facilitate call/meeting date. The draft agendas Director, National Center for Environmental their participation. Assessment. also can be viewed through EDOCKET, as provided in Unit I.A. of the A. How Can I Get Copies of Related [FR Doc. 05–2712 Filed 2–10–05; 8:45 am] SUPPLEMENTARY INFORMATION section. Information? BILLING CODE 6560–50–P Any member of the public interested 1. Docket. EPA has established an in making an oral presentation at one of official public docket for this action ENVIRONMENTAL PROTECTION the conference calls or at the face-to-face under Docket ID No. ORD–2005–0006. AGENCY meeting may contact Lawrence Martin, The official public docket consists of the whose contact information is listed documents specifically referenced in [Docket Number ORD–2005–0006; FRL– under the FOR FURTHER INFORMATION this action, any public comments 7871–2] CONTACT section of this notice. Requests received, and other information related for making oral presentations will be Board of Scientific Counselors, to this action. Documents in the official accepted up to 2 business days prior to Particulate Matter and Ozone Research public docket are listed in the index in each conference call/meeting date. In Subcommittee EPA’s electronic public docket and general, each individual making an oral comment system, EDOCKET. AGENCY: Environmental Protection presentation will be limited to a total of Documents are available either Agency (EPA). three minutes. electronically or in hard copy. ACTION: Notice of meetings. Submitting Comments Electronic documents may be viewed through EDOCKET. Hard copies of the SUMMARY: Pursuant to the Federal Written comments may be submitted draft agendas may be viewed at the Advisory Committee Act, Public Law electronically, by mail, or through hand Board of Scientific Counselors, PM & O3 92–463, the Environmental Protection delivery/courier. Follow the detailed Research Subcommittee Docket in the Agency, Office of Research and instructions as provided in Unit I.B. of EPA Docket Center (EPA/DC), EPA Development (ORD), announces four this section. Written comments will be West, Room B102, 1301 Constitution meetings of the Board of Scientific accepted up to 2 business days prior to Ave., NW., Washington, DC. The EPA Counselors (BOSC) Particulate Matter each conference call/meeting date. Docket Center Public Reading Room is and Ozone (PM–O3) Research FOR FURTHER INFORMATION CONTACT: open from 8:30 a.m. to 4:30 p.m., Subcommittee. Lawrence Martin, Designated Federal Monday through Friday, excluding legal DATES: Three teleconference call Officer, Environmental Protection holidays. The telephone number for the meetings will be held, the first on Agency, Office of Research and Public Reading Room is (202) 566–1744, Thursday, March 3, 2005, from 12 to 3 Development, Mail Code 8104R, 1200 and the telephone number for the ORD p.m., and the second on Monday, March Pennsylvania Avenue, NW., Docket is (202) 566–1752. 14, 2005, from 1 to 3 p.m. and the third Washington, DC; telephone (202) 564– 2. Electronic Access. You may access on Tuesday April 12, 2005 from 12 to 6497; fax (202) 565–2925; e-mail this Federal Register document 3 p.m. A face-to-face meeting will be [email protected]. electronically through the EPA Internet held beginning Wednesday, March 30, SUPPLEMENTARY INFORMATION: under the Federal Register listings at 2005 (8 a.m. to 5:30 p.m.), continuing on http://www.epa.gov/fedrgstr/. Thursday, March 31, 2005 (8 a.m. to I. General Information An electronic version of the public 5:30 p.m.), and concluding on Friday, This notice announces three meetings docket is available through EDOCKET. April 1, 2005 (8 a.m. to 12 p.m.). All of the BOSC PM–O3 Research You may use EDOCKET at http:// times noted are Eastern Standard Time. Subcommittee. The purpose of the www.epa.gov/edocket/ to submit or Meetings may adjourn early if all meetings are to evaluate EPA’s PM & O3 view public comments, access the index business is completed. Research Program. Proposed agenda listing of the contents of the official ADDRESSES: Conference calls: items for the conference calls include, public docket, and to access those Participation in the conference calls will but are not limited to: charge questions, documents in the public docket that are be by teleconference only—meeting objective of program reviews, available electronically. Once in the rooms will not be used. Members of the background on the U.S. EPA’s PM & O3 system, select ‘‘search,’’ then key in the public may obtain the call-in number Research Program, writing assignments, appropriate docket identification and access code for the teleconference planning for the face-to-face meeting, number (ORD–2005–0006).
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For those wishing to make public i. EDOCKET. Your use of EPA’s ENVIRONMENTAL PROTECTION comments, it is important to note that electronic public docket to submit AGENCY EPA’s policy is that comments, whether comments to EPA electronically is [OPP–2005–0018; FRL–7696–9] submitted electronically or on paper, EPA’s preferred method for receiving will be made available for public comments. Go directly to EDOCKET at Endothall; Notice of Filing a Pesticide viewing in EPA’s electronic public http://www.epa.gov/edocket/, and Petition to Establish a Tolerance for a docket as EPA receives them and follow the online instructions for Certain Pesticide Chemical in or on without change, unless the comment submitting comments. To access EPA’s Food contains copyrighted material, electronic public docket from the EPA confidential business information (CBI), Internet Home Page, www.epa.gov, AGENCY: Environmental Protection or other information whose disclosure is select ‘‘Information Sources,’’ Agency (EPA). restricted by statute. When EPA ‘‘Dockets,’’ and ‘‘EDOCKET.’’ Once in ACTION: Notice. identifies a comment containing the system, select ‘‘search,’’ and then SUMMARY: This notice announces the copyrighted material, EPA will provide key in Docket ID No. ORD–2005–0006. initial filing of a pesticide petition a reference to that material in the The system is an anonymous access proposing the establishment of version of the comment that is placed in system, which means EPA will not regulations for residues of a certain EPA’s electronic public docket. The know your identity, e-mail address, or pesticide chemical in or on various food entire printed comment, including the other contact information unless you commodities. copyrighted material, will be available provide it in the body of your comment. in the public docket. DATES: Comments, identified by docket Public comments submitted on ii. E-mail. Comments may be sent by identification (ID) number OPP–2005– computer disks mailed or delivered to electronic mail (e-mail) to 0018, must be received on or before the docket will be transferred to EPA’s [email protected], Attention Docket March 14, 2005. ID No. ORD–2005–0006. In contrast to electronic public docket. Written public ADDRESSES: Comments may be comments mailed or delivered to the EPA’s electronic public docket, EPA’s e- submitted electronically, by mail, or Docket will be scanned and placed in mail system is not an anonymous access through hand delivery/courier. Follow EPA’s electronic public docket. system. If you send an e-mail comment the detailed instructions as provided in directly to the docket without going SUPPLEMENTARY B. How and to Whom Do I Submit Unit I. of the through EPA’s electronic public docket, INFORMATION. Comments? EPA’s e-mail system automatically FOR FURTHER INFORMATION CONTACT: You may submit comments captures your e-mail address. E-mail addresses that are automatically Joanne Miller, Registration Division electronically, by mail, or through hand (7505C), Office of Pesticide Programs, delivery/courier. To ensure proper captured by EPA’s e-mail system are included as part of the comment that is Environmental Protection Agency, 1200 receipt by EPA, identify the appropriate Pennsylvania Ave., NW., Washington, docket identification number (ORD– placed in the official public docket, and made available in EPA’s electronic DC 20460–0001; telephone number: 2005–0006) in the subject line on the (703) 305–6224; e-mail address: public docket. first page of your comment. Please [email protected]. ensure that your comments are iii. Disk or CD ROM. You may submit SUPPLEMENTARY INFORMATION: submitted within the specified comment comments on a disk or CD ROM mailed period. to the mailing address identified in Unit I. General Information 1. Electronically. If you submit an I.B.2. These electronic submissions will electronic comment as prescribed be accepted in Word, WordPerfect or A. Does this Action Apply to Me? below, EPA recommends that you rich text files. Avoid the use of special You may be potentially affected by include your name, mailing address, characters and any form of encryption. this action if you are an agricultural and an e-mail address or other contact 2. By Mail. Send your comments to: producer, food manufacturer, or information in the body of your U.S. Environmental Protection Agency, pesticide manufacturer. Potentially comment. Also include this contact ORD Docket, EPA Docket Center (EPA/ affected entities may include, but are information on the outside of any disk DC), Mailcode: 28221T, 1200 not limited to: or CD ROM you submit, and in any • Crop production (NAICS 111) Pennsylvania Ave., NW., Washington, cover letter accompanying the disk or • Animal production (NAICS 112) DC 20460, Attention Docket ID No. CD ROM. This ensures that you can be • Food manufacturing (NAICS 311) ORD–2005–0006. identified as the submitter of the • Pesticide manufacturing (NAICS comment, and it allows EPA to contact 3. By Hand Delivery or Courier. 32532) you if further information on the Deliver your comments to: EPA Docket This listing is not intended to be substance of the comment is needed or Center (EPA/DC), Room B102, EPA West exhaustive, but rather provides a guide if your comment cannot be read due to Building, 1301 Constitution Avenue, for readers regarding entities likely to be technical difficulties. EPA’s policy is NW., Washington, DC, Attention Docket affected by this action. Other types of that EPA will not edit your comment, ID No. ORD–2005–0006 (note: this is not entities not listed in this unit could also and any identifying or contact a mailing address). Such deliveries are be affected. The North American information provided in the body of a only accepted during the docket’s Industrial Classification System comment will be included as part of the normal hours of operation as identified (NAICS) codes have been provided to comment placed in the official public in Unit I.A.1. assist you and others in determining docket and made available in EPA’s Dated: February 4, 2005. whether this action might apply to electronic public docket. If EPA cannot certain entities. If you have any read your comment due to technical Mary Ellen Radzikowski, questions regarding the applicability of difficulties and cannot contact you for Acting Director, Office of Science Policy. this action to a particular entity, consult clarification, EPA may not be able to [FR Doc. 05–2710 Filed 2–10–05; 8:45 am] the person listed under FOR FURTHER consider your comment. BILLING CODE 6560–50–P INFORMATION CONTACT.
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B. How Can I Get Copies of this be available electronically, you may still cover letter accompanying the disk or Document and Other Related access any of the publicly available CD ROM. This ensures that you can be Information? docket materials through the docket identified as the submitter of the 1. Docket. EPA has established an facility identified in Unit I.B.1. EPA comment and allows EPA to contact you official public docket for this action intends to work towards providing in case EPA cannot read your comment under docket ID number OPP–2005– electronic access to all of the publicly due to technical difficulties or needs 0018. The official public docket consists available docket materials through further information on the substance of of the documents specifically referenced EPA’s electronic public docket. your comment. EPA’s policy is that EPA For public commenters, it is in this action, any public comments will not edit your comment, and any important to note that EPA’s policy is received, and other information related identifying or contact information that public comments, whether provided in the body of a comment will to this action. Although a part of the submitted electronically or in paper, be included as part of the comment that official docket, the public docket does will be made available for public is placed in the official public docket, not include Confidential Business viewing in EPA’s electronic public and made available in EPA’s electronic Information (CBI) or other information docket as EPA receives them and public docket. If EPA cannot read your whose disclosure is restricted by statute. without change, unless the comment comment due to technical difficulties The official public docket is the contains copyrighted material, CBI, or and cannot contact you for clarification, collection of materials that is available other information whose disclosure is EPA may not be able to consider your for public viewing at the Public restricted by statute. When EPA comment. Information and Records Integrity identifies a comment containing i. EPA Dockets. Your use of EPA’s Branch (PIRIB), Rm. 119, Crystal Mall copyrighted material, EPA will provide electronic public docket to submit #2, 1801 S. Bell St., Arlington, VA. This a reference to that material in the comments to EPA electronically is docket facility is open from 8:30 a.m. to version of the comment that is placed in EPA’s preferred method for receiving 4 p.m., Monday through Friday, EPA’s electronic public docket. The comments. Go directly to EPA Dockets excluding legal holidays. The docket entire printed comment, including the at http://www.epa.gov/edocket/, and telephone number is (703) 305–5805. copyrighted material, will be available follow the online instructions for 2. Electronic access. You may access in the public docket. submitting comments. Once in the this Federal Register document Public comments submitted on system, select ‘‘search,’’ and then key in electronically through the EPA Internet computer disks that are mailed or docket ID number OPP–2005–0018. The under the ‘‘Federal Register’’ listings at delivered to the docket will be system is an ‘‘anonymous access’’ http://www.epa.gov/fedrgstr/. transferred to EPA’s electronic public system, which means EPA will not An electronic version of the public docket. Public comments that are know your identity, e-mail address, or docket is available through EPA’s mailed or delivered to the docket will be other contact information unless you electronic public docket and comment scanned and placed in EPA’s electronic provide it in the body of your comment. system, EPA Dockets. You may use EPA public docket. Where practical, physical ii. E-mail. Comments may be sent by Dockets at http://www.epa.gov/edocket/ objects will be photographed, and the e-mail to [email protected], to submit or view public comments, photograph will be placed in EPA’s Attention: Docket ID Number OPP– access the index listing of the contents electronic public docket along with a 2005–0018. In contrast to EPA’s of the official public docket, and to brief description written by the docket electronic public docket, EPA’s e-mail access those documents in the public staff. system is not an ‘‘anonymous access’’ docket that are available electronically. system. If you send an e-mail comment C. How and to Whom Do I Submit Although not all docket materials may directly to the docket without going Comments? be available electronically, you may still through EPA’s electronic public docket, access any of the publicly available You may submit comments EPA’s e-mail system automatically docket materials through the docket electronically, by mail, or through hand captures your e-mail address. E-mail facility identified in Unit I.B.1. Once in delivery/courier. To ensure proper addresses that are automatically the system, select ‘‘search,’’ then key in receipt by EPA, identify the appropriate captured by EPA’s e-mail system are the appropriate docket ID number. docket ID number in the subject line on included as part of the comment that is Certain types of information will not the first page of your comment. Please placed in the official public docket, and be placed in the EPA Dockets. ensure that your comments are made available in EPA’s electronic Information claimed as CBI and other submitted within the specified comment public docket. information whose disclosure is period. Comments received after the iii. Disk or CD ROM. You may submit restricted by statute, which is not close of the comment period will be comments on a disk or CD ROM that included in the official public docket, marked ‘‘late.’’ EPA is not required to you mail to the mailing address will not be available for public viewing consider these late comments. If you identified in Unit I.C.2. These electronic in EPA’s electronic public docket. EPA’s wish to submit CBI or information that submissions will be accepted in policy is that copyrighted material will is otherwise protected by statute, please WordPerfect or ASCII file format. Avoid not be placed in EPA’s electronic public follow the instructions in Unit I.D. Do the use of special characters and any docket but will be available only in not use EPA Dockets or e-mail to submit form of encryption. printed, paper form in the official public CBI or information protected by statute. 2. By mail. Send your comments to: docket. To the extent feasible, publicly 1. Electronically. If you submit an Public Information and Records available docket materials will be made electronic comment as prescribed in this Integrity Branch (PIRIB) (7502C), Office available in EPA’s electronic public unit, EPA recommends that you include of Pesticide Programs (OPP), docket. When a document is selected your name, mailing address, and an e- Environmental Protection Agency, 1200 from the index list in EPA Dockets, the mail address or other contact Pennsylvania Ave., NW., Washington, system will identify whether the information in the body of your DC 20460–0001, Attention: Docket ID document is available for viewing in comment. Also include this contact Number OPP–2005–0018. EPA’s electronic public docket. information on the outside of any disk 3. By hand delivery or courier. Deliver Although not all docket materials may or CD ROM you submit, and in any your comments to: Public Information
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and Records Integrity Branch (PIRIB), You may also provide the name, date, sufficiency of the submitted data at this Office of Pesticide Programs (OPP), and Federal Register citation. time or whether the data supports Environmental Protection Agency, Rm. granting of the petition. Additional data II. What Action is the Agency Taking? 119, Crystal Mall #2, 1801 S. Bell St., may be needed before EPA rules on the Arlington, VA, Attention: Docket ID EPA has received a pesticide petition petition. as follows proposing the establishment Number OPP–2005–0018. Such A. Residue Chemistry deliveries are only accepted during the and/or amendment of regulations for docket’s normal hours of operation as residues of a certain pesticide chemical 1. Analytical method. The analytical identified in Unit I.B.1. in or on various food commodities method for endothall in water is EPA/ under section 408 of the Federal Food, ORD Method 548, Determination of D. How Should I Submit CBI to the Drug, and Cosmetic Act (FFDCA), 21 Endothall in Drinking Water by Agency? U.S.C. 346a. EPA has determined that Aqueous Derivatization, Liquid-Solid Do not submit information that you this petition contains data or Extraction and Gas Chromatography consider to be CBI electronically information regarding the elements set with Electron-Capture Detection. The through EPA’s electronic public docket forth in FFDCA section 408(d)(2); Limit of Detection (LOD) for this or by e-mail. You may claim however, EPA has not fully evaluated method is 0.015 ppm. information that you submit to EPA as the sufficiency of the submitted data at 2. Magnitude of residues. Aquatic CBI by marking any part or all of that this time or whether the data support species were exposed for 7 days under information as CBI (if you submit CBI granting of the petition. Additional data static conditions at the maximum label on disk or CD ROM, mark the outside may be needed before EPA rules on the rate. The highest endothall residues of the disk or CD ROM as CBI and then petition. were observed in Bluegill at 0.035 ppm. identify electronically within the disk or Catfish showed no detectable endothall CD ROM the specific information that is List of Subjects residues (LOQ = 0.020 ppm). The CBI). Information so marked will not be Environmental protection, maximum residue for crayfish was 0.23 disclosed except in accordance with Agricultural commodities, Feed ppm after 5 days exposure. No evidence procedures set forth in 40 CFR part 2. additives, Food additives,Pesticides and of accumulation was seen in any of the In addition to one complete version of pests, Reporting and recordkeeping aquatic organisms. the comment that includes any requirements. B. Toxicological Profile information claimed as CBI, a copy of the comment that does not contain the Dated: January 31, 2005. 1. Acute toxicity. Endothall acid and information claimed as CBI must be Lois Rossi, the disodium salt of endothall are submitted for inclusion in the public Director, Registration Division, Office of moderately toxic by oral ingestion and docket and EPA’s electronic public Pesticide Programs. inhalation (Toxicity Category II), slightly toxic by dermal exposure docket. If you submit the copy that does Summary of Petition not contain CBI on disk or CD ROM, (Toxicity Category III), and severely mark the outside of the disk or CD ROM The petitioner summary of the irritating to the eye. The diamine salt of clearly that it does not contain CBI. pesticide petition (PP) is printed below endothall is moderately toxic by oral, Information not marked as CBI will be as required by section 408(d)(3) of the dermal, and inhalation routes of included in the public docket and EPA’s Federal Food, Drug, and Cosmetic Act exposure (Toxicity Category II) and is electronic public docket without prior (FFDCA). The summary of the petition severely irritating to the eyes and skin. notice. If you have any questions about was prepared by the petitioner and 2. Genotoxicty. A full battery of CBI or the procedures for claiming CBI, represents the view of the petitioner. genetic toxicology studies were please consult the person listed under The petition summary announces the conducted for endothall. Endothall is not mutagenic. FOR FURTHER INFORMATION CONTACT. availability of a description of the analytical methods available to EPA for 3. Reproductive and developmental E. What Should I Consider as I Prepare the detection and measurement of the toxicity. In a teratology and postnatal My Comments for EPA? pesticide chemical residues or an behavioral study, pregnant Sprague- You may find the following explanation of why no such method is Dawley rats were dosed via oral gavage suggestions helpful for preparing your needed. on gestation days 6 through 15 with endothall doses of 0, 10, 20, and 30 comments: Cerexagri, Inc. 1. Explain your views as clearly as milligrams/kilogram/day (mg/kg/day). The maternal no-observed-effect-level possible. PP 9F6015 2. Describe any assumptions that you (NOEL) was 20 mg/kg/day due to used. EPA has received a pesticide petition mortality seen at 30 mg/kg/day. The 3. Provide copies of any technical (PP 9F6015 ) from Cerexagri, Inc., 630 developmental NOEL was 30 mg/kg/ information and/or data you used that Freedom Business Center, Suite 402, day. support your views. King of Prussia, PA 19406, proposing, In a subsequent developmental 4. If you estimate potential burden or pursuant to section 408(d) of FFDCA, 21 toxicity study, pregnant Sprague- costs, explain how you arrived at the U.S.C. 346a(d), to amend 40 CFR part Dawley rats were orally dosed with 0, estimate that you provide. 180 by establishing a tolerance for 6.25, 12.5, and 25.0 mg/kg/day from 5. Provide specific examples to residues of endothall (7-oxabicyclo gestation day 6 through 15. The NOEL illustrate your concerns. [2.2.1] heptane-2,3-dicarboxylic acid) in for maternal toxicity was 12.5 mg/kg/ 6. Make sure to submit your or on the raw agricultural commodity day. The developmental NOEL was 25.0 comments by the deadline in this fish/shellfish at 0.25 parts per million mg/kg/day. A developmental toxicity notice. (ppm). EPA has determined that the study was conducted in female CD-1 7. To ensure proper receipt by EPA, petition contains data or information mice. Groups of pregnant mice were be sure to identify the docket ID number regarding the elements set forth in orally dosed with 0, 5, 20, or 40 mg/kg/ assigned to this action in the subject section 408(d)(2) of FFDCA; however, day on days 6 to 16 of gestation. The line on the first page of your response. EPA has not fully evaluated the NOEL for maternal toxicity was 5 mg/
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kg/day based on mortality seen at 20 mg/kg/day). No evidence of disruption of hormonal stasis in the rat. mg/kg/day. The developmental NOEL carcinogenicity was seen in this study. Further, histophathologic evaluation of was 20 mg/kg/day. Developmental Beagle dogs were fed diets containing hormone-sensitive tissues from changes seen at 40 mg/kg/day were 0, 100, 300, or 800 ppm disodium chronically exposed rats, mice, and dogs related to the severe maternal toxicity at endothall (equivalent to 0, 2, 6, or 16 did not reveal any changes suggestive of that dose. mg/kg/day endothall) for 24 months. No an endocrine related effect. A developmental toxicity study was clinical signs of toxicity were seen at conducted on New Zealand white any dose level. The 100 ppm dietary C. Aggregate Exposure rabbits by oral exposure. Preliminary concentration (2 mg/kg/day) was the 1. Dietary exposure—i. Food. studies indicated that the rabbit was NOAEL. Endothall exposure via the diet will extremely sensitive to endothall. Groups In a 52–week oral toxicity study, occur from treated potatoes and cotton. of pregnant rabbits were dosed with 0, groups of 4 male and 4 female beagle Secondary residues are expected in 0.3, 1.0, or 3.0 mg/kg/day on gestation dogs were fed diets containing 0, 150, meat, milk, and eggs as well as shellfish, days 6 through 19. The fetal and 450, or 1,350/1,000 ppm (0, 5.7, 17.1, or fish, catfish, and crayfish maternal toxicity NOELs were 1.0 mg/ 35.8 mg/kg/day for males; 0, 6.4, 18.8, ii. Drinking water. Drinking water kg/day. or 36 mg/kg/day for females). The 1,350 exposure to endothall may be expected. A 2-generation reproduction study ppm dietary level had to be reduced to However, this exposure is not was conducted in rats. In this study, 1,000 ppm after 6 weeks of treatment considered to be significant due to groups of rats received dietary doses of due to marked reductions in body intermittent seasonal use of the product 0, 30, 150, and 900 ppm. The no- weight and food consumption and for aquatic weed control, its low observed-adverse-effect-level (NOAEL) subsequent sacrifice of 5 animals from mobility in surface waters and rapid for parental effects was <30 ppm (2–2.3 this group. Minimal to very mild gastric degradation. mg/kg/day) based on proliferative epithelial effects were seen in some of 2. Non-dietary exposure. There are no lesions of the gastric epithelium seen in the dogs receiving 150 ppm. This effect registered or proposed uses for male and female animals. The NOAEL was considered as a low grade reaction endothall products which would result for offspring toxicity was 150 ppm (9.4 to the chronic epithelial irritation and in non-occupational exposure. mg/kg/day) based on decreased pup 150 ppm is considered the NOAEL. In D. Cumulative Effects body weights on day 0 for the F1a and an 18–month oncogenicity study, Swiss F2a generations at the 900 ppm (60 mg/ Albino mice were fed in the diet at Cerexagri, Inc. has reviewed chemical kg/day) dietary level. concentrations of 0, 50, 100, or 300 ppm structure data to determine if any other 4. Subchronic toxicity. Male and (0, 8.1, 16.7, or 50 mg/kg/day for males; pesticide products are chemically female Sprague-Dawley rats were 0, 10.8, 22.4, or 68 mg/kg/day for similar to endothall and produce exposed dermally to 0, 30, 100, and 300 females) for 92 weeks. The systemic gastrointestinal changes specific to mg/kg/day for 21 days. The lowest- NOEL was 100 ppm based on decreased endothall. Endothall appears to be observed-effect-level (LOEL) was 30 mg/ mean body weight in 300 ppm males. chemically and toxicologically kg/day based on decreased body weight No evidence of carcinogenicity was seen dissimilar to existing chemical gain and dermal irritation. A NOEL was in this study. substances. Therefore, cumulative risk not established. In a second 18–month dietary should not be an issue for this chemical. Male and female Sprague-Dawley rats oncogenicity study, groups of 50 male were exposed to oral concentrations of and 50 female Swiss Albino mice were E. Safety Determination 0, 150, 600, or 1,800 ppm (0, 10, 39, or fed the disodium salt of endothall at 1. U.S. population. The acute 118 for males; 0, 12, 51, or 153 mg/kg/ dietary concentrations of 0, 750, or Population Adjusted Dose (aPAD) used day for females, respectively) for 13 1,500 ppm (0, 122, or 258 mg/kg/day for in the assessment is 0.05 mg/kg/day and weeks. The LOEL was 1,800 ppm based males; 0, 152, or 319 mg/kg/day for was derived using the NOAEL for on decreases in body weight gain and females). Toxicity results for the 1,500 maternal toxicity in a developmental food intake. The NOEL was 600 ppm. ppm dietary level clearly shows that the study with the mouse (5 mg/kg/day) Male and female beagle dogs were maximum tolerated dose (MTD) was with a 100X uncertainty factor (10X for exposed to oral concentrations of 0, 100, exceeded. At 750 ppm, compound- intraspecies and 10X for interspecies 400, or 1,000 ppm (0, 3.2, 11.7, or 27.5 related effects consisted of decreased variation). The chronic Population mg/kg/day for males and 0, 3.2, 13.0, or boy weight gain, rectal prolapse, and an Adjusted Dose (cPAD) is 0.007 mg/kg/ 28.9 mg/kg/day for females, increase in the incidence and severity of day. The cPAD was derived using the respectively) for 13 weeks. The LOEL mucosal hyperplasia of the glandular LOAEL of 2 mg/kg/day from a 2- was 1,000 ppm based on decreases in stomach. Endothall was not considered generation reproduction study. An body weight gain and food intake. The carcinogenic in this study. uncertainty factor of 300X (10X for NOEL was 400 ppm. 6. Animal metabolism. Following a intraspecies variation, 10X for 5. Chronic toxicity. In a combined single oral administration of 14C- interspecies variation, 3X for chronic toxicity and oncogenicity study, endothall to male and female rats, the extrapolation of a LOAEL to a NOAEL. male and female Sprague-Dawley rats majority of the radioactivity was i. Acute exposure and risk. The group were fed endothall dietary excreted within 24 hours. The majority with the highest exposure levels were 6 concentrations of 0, 150, 300, 900, and of the radioactivity was found in the year olds in the winter with exposure 1,800 ppm for 104 weeks. The NOAEL feces. Chromatographic analysis of levels of 0.011896 mg/kg/day (23.8% of was 300 ppm (12 mg/kg/day) for males extracts of the urine, feces, cecum, and the aPAD). The maximum seasonal based on lower body weight gain and large intestine of both male and female average observed for adults was histologic changes in the nonglandular rats gave a single radioactive component 0.010637 mg/kg/day (21.3% of the stomach seen in the 900 ppm (37 mg/ corresponding to unchanged endothall. aPAD) for 46 year olds in the fall. The kg/day) males. The NOAEL was 150 7. Endocrine disruption. Evaluation of maximum seasonal average was less ppm (8.7 mg/kg/day) for females based the results from the 2-generation than 0.005 mg/kg/day (10% of the on dose-related body weight decrements reproduction studies do not aPAD) for most of the population (1,000 in the females receiving 300 ppm (16 demonstrate any effects suggestive of people).
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A separate analysis was conducted for Department of Agriculture and Forestry B. How Can I Get Copies of this women of childbearing age (13–50 to use the pesticide carbofuran (CAS No. Document and Other Related years) with a population of 500 people. 563–66–2) to treat up to 300,000 acres Information? The maximum observed was 0.005087 of rice to control rice water weevil. The 1. Docket. EPA has established an mg/kg/day (10% of the aPAD) for 41 applicant proposes the use of an active official public docket for this action year olds in the spring. However, ingredient which has been the subject of under docket ID number OPP–2005– exposure was less than 0.0002 mg/kg/ a Special Review and is intended for a 0027. The official public docket consists day (0.4% of the aPAD) for most ages use that has been the subject of the of the documents specifically referenced and seasons. Special Review. EPA is soliciting public in this action, any public comments When acute exposure to endothall in comment before making the decision received, and other information related water is aggregated with maximum whether or not to grant the exemption. to this action. Although, a part of the acute exposure to food, the estimated DATES: Comments, identified by docket official docket, the public docket does total exposure to children is 0.0319 mg/ identification (ID) number OPP–2005– not include Confidential Business kg/day, representing 64% of the aPAD. 0027, must be received on or before Information (CBI) or other information The maximum estimated total exposure February 28, 2005. whose disclosure is restricted by statute. to endothall in food and water for adults ADDRESSES: Comments may be The official public docket is the is 0.0163 mg/kg/day, representing 33% submitted electronically, by mail, or collection of materials that is available of the aPAD. through hand delivery/courier. Follow ii. Chronic exposure and risk. The for public viewing at the Public the detailed instructions as provided in group with the highest exposure levels Information and Records Integrity Unit I. of the SUPPLEMENTARY was 2 year olds in the winter with Branch (PIRIB), Rm. 119, Crystal Mall INFORMATION. exposure levels of 0.000071 mg/kg/day #2, 1801 S. Bell St., Arlington, VA. This (1% of the cPAD). The highest seasonal FOR FURTHER INFORMATION CONTACT: docket facility is open from 8:30 a.m. to average observed for adults was Barbara Madden, Registration Division 4 p.m., Monday through Friday, 0.000055 mg/kg/day (0.8% of the aPAD) (7505C), Office of Pesticide Programs, excluding legal holidays. The docket for 78 year olds in the summer. Environmental Protection Agency, 1200 telephone number is (703) 305–5805. 2. Electronic access. You may access Exposure to the U.S. population (based Pennsylvania Ave., NW., Washington, this Federal Register document on a population of 1,000 people) was DC 20460–0001; telephone number: electronically through the EPA Internet 0.000039 mg/kg/day, representing 0.6% (703) 305–6463; fax number: (703) 308– under the ‘‘Federal Register’’ listings at of the cPAD). 5433; e-mail address: When chronic exposure to endothall [email protected]. http://www.epa.gov/fedrgstr/. An electronic version of the public in water is aggregated with maximum SUPPLEMENTARY INFORMATION: chronic exposure to food, estimated docket is available through EPA’s total exposure to children is 0.000451 I. General Information electronic public docket and comment system, EPA Dockets. You may use EPA mg/kg/day, representing 6.4% of the A. Does this Action Apply to Me? cPAD. The maximum estimated total Dockets at http://www.epa.gov/edocket/ exposure to endothall in food and water You may be potentially affected by to submit or view public comments, for adults is 0.000165 mg/kg/day, this action if you are an agricultural access the index listing of the contents representing 2.4% of the cPAD. producer, food manufacturer, or of the official public docket, and to 2. Infants and children. The exposure pesticide manufacturer. Potentially access those documents in the public to infants and children has been affected entities may include, but are docket that are available electronically. calculated in both the acute and chronic not limited to: Once in the system, select ‘‘search,’’ • dietary assessments. In all cases and all Crop production (NAICS code then key in the appropriate docket ID age groups of infants and children, the 111) number. • margins of exposure are sufficient to Animal production (NAICS code Certain types of information will not 112) be placed in the EPA Dockets. protect the health of infants and • children. Food manufacturing (NAICS code Information claimed as CBI and other 311) information whose disclosure is F. International Tolerances • Pesticide manufacturing (NAICS restricted by statute, which is not No international tolerances have been code 32532) included in the official public docket, set for endothall. This listing is not intended to be will not be available for public viewing exhaustive, but rather provides a guide in EPA’s electronic public docket. EPA’s [FR Doc. 05–2618 Filed 2–10–05; 8:45 am] for readers regarding entities likely to be policy is that copyrighted material will BILLING CODE 6560–50–S affected by this action. Other types of not be placed in EPA’s electronic public entities not listed in this unit could also docket but will be available only in be affected. The North American printed, paper form in the official public ENVIRONMENTAL PROTECTION Industrial Classification System docket. To the extent feasible, publicly AGENCY (NAICS) codes have been provided to available docket materials will be made [OPP–2005–0027; FRL–7698–6] assist you and others in determining available in EPA’s electronic public whether this action might apply to docket. When a document is selected Carbofuran; Receipt of Application for certain entities. To determine whether from the index list in EPA Dockets, the Emergency Exemption, Solicitation of you or your business may be affected by system will identify whether the Public Comment this action, you should carefully document is available for viewing in AGENCY: Environmental Protection examine the applicability provisions EPA’s electronic public docket. Agency (EPA). discussed above. If you have any Although, not all docket materials may ACTION: Notice. questions regarding the applicability of be available electronically, you may still this action to a particular entity, consult access any of the publicly available SUMMARY: EPA has received a specific the person listed under FOR FURTHER docket materials through the docket exemption request from the Louisiana INFORMATION CONTACT. facility identified in Unit I.B.1. EPA
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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–2005–0027. 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 on 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–2005–0027. 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 2005–0027. 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 notice. 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–2005–0027. document. 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. identified as the submitter of the Environmental Protection Agency, Rm. You may also provide the name, date, comment and allows EPA to contact you 119, Crystal Mall #2, 1801 S. Bell St., and Federal Register citation.
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II. Background of rice have the potential for needing a collection of information subject to the carbofuran. An estimated 5–20% yield Paperwork Reduction Act that does not What Action is the Agency Taking? loss from these 300,000 acres is display a valid control number. Under section 18 of the Federal expected if left untreated for weevils. As Comments are requested concerning (a) Insecticide, Fungicide, and Rodenticide a result farmers would experience losses Whether the proposed collection of Act (FIFRA) (7 U.S.C. 136p), at the of approximately 6.1 to 24.4 million information is necessary for the proper discretion of the Administrator, a dollars. performance of the functions of the Federal or State agency may be The Applicant proposes to make no Commission, including whether the exempted from any provision of FIFRA more than one application of the information shall have practical utility; if the Administrator determines that formulated product Furadan 3G, (0.6 lb (b) the accuracy of the Commission’s emergency conditions exist which carbofuran per acre). Up to 300,000 burden estimate; (c) ways to enhance require the exemption. The Louisiana acres of rice in Louisiana could be the quality, utility, and clarity of the Department of Agriculture and Forestry treated and up to 180,000 lb of information collected; and (d) ways to has requested the Administrator to issue carbofuran (6,000,000 lb of Furadan 3G) minimize the burden of the collection of a specific exemption for the use of could be applied. information on the respondents, carbofuran on rice to control rice water This notice does not constitute a including the use of automated weevil. Information in accordance with decision by EPA on the application collection techniques or other forms of 40 CFR part 166 was submitted as part itself. The regulations governing section information technology. of this request. 18 of FIFRA require publication of a DATES: Written Paperwork Reduction As part of this request, the Applicant notice of receipt of an application for a asserts that the rice water weevil is the Act (PRA) comments should be specific exemption proposing the use of submitted on or before April 12, 2005. most important early-season insect pest an active ingredient which has been of rice in Louisiana. Five insecticides If you anticipate that you will be subject of a Special Review and is are currently registered for control of submitting comments, but find it intended for a use that has been the rice water weevil. However, one of the difficult to do so within the period of subject of the Special Review. The five, fipronil has been voluntarily time allowed by this notice, you should notice provides an opportunity for removed from the U.S. rice market by advise the contact listed below as soon public comment on the application. the manufacturer and will be in limited as possible. The Agency, will review and consider supply in 2005. The other four ADDRESSES: Direct all Paperwork all comments received during the registered alternatives are lambda- Reduction Act (PRA) comments to Les comment period in determining cyhalothrin, zeta-cypermethrin, gamma- Smith, Federal Communications whether to issue the specific exemption cyhalothrin, and diflubenzuron. The Commission, Room 1–A804, 445 12th current emergency situation with requested by the Louisiana Department Street, SW., Washington, DC 20554 or respect to weevil management has of Agriculture and Forestry. via the Internet to [email protected]. arisen primarily from the continuing List of Subjects FOR FURTHER INFORMATION CONTACT: For practice of cultivating crawfish in ponds Environmental protection, Pesticides additional information or copies of the in close proximity to rice fields in and pests. information collection(s), contact Les southern Louisiana. Crawfish were Smith at (202) 418–0217 or via the cultivated on over 100,000 acres in Dated: February 2, 2005. Internet at [email protected]. southern Louisiana in 2004. The Betty Shackleford, SUPPLEMENTARY INFORMATION: remaining four insecticides currently Acting Director, Registration Division, Office OMB Control Number: 3060–0065. registered for use against the rice water of Pesticide Programs. Title: Application for New or weevil in Louisiana are toxic to [FR Doc. 05–2619 Filed 2–10–05; 8:45 am] Modified Radio Stations Authorization crawfish. Weather conditions in the BILLING CODE 6560–50–S Under part 5 of the FCC Rules— spring, when aerial applications of Experimental Radio Service, FCC Form pyrethroid insecticides for weevil 442. control are made, are often conducive to FEDERAL COMMUNICATIONS Form Number: FCC 442. drift of liquid formulations of COMMISSION Type of Review: Revision of a pesticides. As a result, there were at currently approved collection. least 15 reports of crawfish mortality Notice of Public Information Respondents: Business or other for- due to drift of pyrethroids into crawfish Collection(s) Being Reviewed by the profit; Not-for-profit institutions; and ponds in southern Louisiana. The recent Federal Communications Commission, State, Local or Tribal Government. decision to remove fipronil from the Comments Requested Number of Respondents: 700. U.S. rice market exacerbates the Estimated Time per Response: 4 emergency situation. January 28, 2005. hours. Carbofuran is an effective insecticide SUMMARY: The Federal Communications Frequency of Response: On occasion against rice water weevil and was used Commission, as part of its continuing reporting requirements. successfully for weevil control for over effort to reduce paperwork burden Total Annual Burden: 2,800 hours. 30 years in southern Louisiana. Because invites the general public and other Total Annual Cost: None. it targets the damaging stage of the pest, Federal agencies to take this Privacy Impact Assessment: No and because larval thresholds are well- opportunity to comment on the impact(s). established, carbofuran can be used only following information collection(s), as Needs and Uses: Applicants that when larval densities are high enough to required by the Paperwork Reduction require an FCC license to operate a new cause economic losses. Further, the state Act (PRA) of 1995, Pub. L. No. 104–13. or modified experimental radio station claims that since carbofuran will be An agency may not conduct or sponsor must file FCC Form 442, as required by applied as a granular formulation there a collection of information unless it 47 CFR sections 5.55 (a), (b), and (c) and is less potential for drift and carbofuran displays a currently valid control 5.59 of FCC Rules. The FCC’s clerks, is less toxic to crawfish. According to number. No person shall be subject to legal instruments examiners, and the state, approximately 300,000 acres any penalty for failing to comply with engineers used the data supplied by
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applicants in FCC Form 442 to following information collection(s), as Privacy Act Impact Assessment: N/A. determine: if the applicant is eligible for required by the Paperwork Reduction Needs and Uses: In a Memorandum an experimental license; the purpose of Act of 1995, Pub. L. 104–13. An agency Opinion and Order, (FCC 04–206), the the experiment; compliance with the may not conduct or sponsor a collection Commission modified paragraph (c) and requirements of part 5 of the FCC Rules; of information unless it displays a added two new paragraphs (d) and (e) and if the proposed operation will cause currently valid control number. No to Section 64.2341. Section 64.2341(c) interference to existing operations. person shall be subject to any penalty requires that a carrier shall make the Thus, the FCC cannot grant an for failing to comply with a collection contracts and records available, upon experimental license without the of information subject to the Paperwork request, to the Commission, and to any information contained on this form. Reduction Act (PRA) that does not directory publisher that requests those Applicants now file FCC Form 442 display a valid control number. contracts and records for the purpose of electronically. Comments are requested concerning (a) publishing a directory. New section OMB Control Number: 3060–0068. Whether the proposed collection of 64.2341(d) states that a carrier need not Title: Application for Consent to information is necessary for the proper disclose to a directory publisher Assign an Experimental Authorization, performance of the functions of the pursuant to paragraph (c) portions of FCC Form 702. Commission, including whether the requested contracts that are wholly Form Number: FCC 702. information shall have practical utility; unrelated to the rates, terms, or Type of Review: Revision of a (b) the accuracy of the Commission’s conditions under which the carrier currently approved collection. burden estimate; (c) ways to enhance provides subscriber list information to Respondents: Business or other for- the quality, utility, and clarity of the itself, an affiliate, or any entity that profit; Not-for-profit institutions. information collected; and (d) ways to publishes directories on the carrier’s Number of Respondents: 10. minimize the burden of the collection of behalf. Section 64.2341(e) states that a Estimated Time per Response: 0.6 information on the respondents, carrier may subject its disclosure of hour. (36 mins.). including the use of automated subscriber list information contracts or Frequency of Response: On occasion collection techniques or other forms of records to a directory publisher reporting requirements. information technology. pursuant to paragraph (c) to a Total Annual Burden: 6 hours. DATES: Written Paperwork Reduction confidentiality agreement that limits Total Annual Cost: $550. Act (PRA) comments should be access to and use of the information to Privacy Impact Assessment: No submitted on or before March 14, 2005. the purpose of determining the rates, impact(s). If you anticipate that you will be terms, and conditions under which the Needs and Uses: The FCC Rules, 47 submitting comments, but find it carrier provides subscriber information CFR Section 5.59, require that difficult to do so within the period of to itself, an affiliate, or an entity that applicants for Experimental Radio time allowed by this notice, you should publishes directories on the carrier’s Service file FCC Form 702 when the advise the contact listed below as soon behalf. All of the information collection legal right to control the use and as possible. requirements under this OMB control operation of a station is to be ADDRESSES: Direct all comments number are used to ensure that transferred, as a result of a voluntary act regarding this Paperwork Reduction Act telecommunications carriers comply (contract or other agreement); of an submission to Judith B. Herman, Federal with the requirements to implement involuntary act (death or legal Communications Commission, Room 1– Section 222 of the Communications Act disability) of the grantee of a station C804, 445 12th Street, SW., DC 20554 or of 1934, as amended. authorization; by involuntary via the Internet to Judith- OMB Control No.: 3060–XXXX. assignment of the physical property [email protected]. Title: Federal-State Joint Board on constituting the station under a court Universal Service, Petitions for FOR FURTHER INFORMATION CONTACT: For decree in bankruptcy proceedings or additional information or copies of the Designation as Eligible other court order; or by operation of law information collection(s), contact Judith Telecommunications Carriers (ETCs), in any other manner. Applicants now B. Herman at 202–418–0214 or via the CC Docket No. 96–45. file FCC Form 702 electronically. Internet at [email protected]. Form No: N/A. Type of Review: New collection. Federal Communications Commission. SUPPLEMENTARY INFORMATION: Respondents: Business or other for- Marlene H. Dortch, OMB Control No.: 3060–0715. profit. Secretary. Title: Telecommunications Carrier’s Use of Customer Proprietary Network Number of Respondents: 22. [FR Doc. 05–2502 Filed 2–10–05; 8:45 am] Estimated Time per Response: 2–3 BILLING CODE 6712–01–P Information (CPNI) and Other Customer Information, CC Docket No. 96–115. hours. Form No: N/A. Frequency of Response: One-time and annual reporting requirements. FEDERAL COMMUNICATIONS Type of Review: Revision of a Total Annual Burden: 176 hours. COMMISSION currently approved collection. Respondents: Business or other for- Total Annual Cost: N/A. Notice of Public Information profit. Privacy Act Impact Assessment: N/A. Collection(s) Being Reviewed by the Number of Respondents: 4,832. Needs and Uses: Section 254(e) of the Federal Communications Commission Estimated Time per Response: .50– Communications Act of 1934, as 100 hours. amended, provides that ‘‘only an February 3, 2005. Frequency of Response: On occasion, eligible telecommunications carrier SUMMARY: The Federal Communications annual, biennial and other one-time (ETC) designated under section 214(e) Commission, as part of its continuing reporting requirements, recordkeeping shall be eligible to receive specific effort to reduce paperwork burden requirement and third party disclosure Federal universal service support.’’ invites the general public and other requirements. Pursuant to section 214(e)(1), a common Federal agencies to take this Total Annual Burden: 669,808 hours. carrier designated as an ETC must offer opportunity to comment on the Total Annual Cost: $229,520,000. and advertise the services supported by
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the federal universal service any penalty for failing to comply with capabilities after disruption by a mechanisms throughout the designated a collection of information subject to the terrorist threat or attack; and to assist service area. Section 214(e)(2) of the Act Paperwork Reduction Act (PRA) that the Commission in ensuring that public gives state commissions the primary does not display a valid control number. safety, public health, and other responsibility for performing ETC Comments are requested concerning (a) emergency and defense personnel have designations. Section 214(e)(6), whether the proposed collection of effective communications services however, directs the Commission, upon information is necessary for the proper available to them in the immediate request, to designate as an ETC ‘‘a performance of the functions of the aftermath of any terrorist attack within common carrier providing telephone Commission, including whether the the United States. To fulfill this exchange service and exchange access information shall have practical utility; mission, the FCC’s Homeland Security that is not subject to the jurisdiction of (b) the accuracy of the Commission’s Policy Council must be able to contact a state commission.’’ Under section burden estimate; (c) ways to enhance key communications providers to 214(e)(6), the Commission, may with the quality, utility, and clarity of the determine the extent of a respect to an area served by a rural information collected; and (d) ways to communications disruption and telephone company, and shall, in all minimize the burden of the collection of appropriate agency response. The other areas, designate more than one information on the respondents, Commission’s staff through the agency common carrier as an ETC for a including the use of automated will collect this emergency contact designated service area, consistent with collection techniques or other forms of information via telephone. This the public interest, convenience, and information technology. emergency contact information will be necessity, so long as the requesting DATES: Persons wishing to comment on utilized in the event of a carrier meets the requirements of this information collection should communications disruption. section 214(e)(1). Before designating an submit comments April 12, 2005. If you Federal Communications Commission. additional ETC for an area served by a anticipate that you will be submitting rural telephone company, the comments, but find it difficult to do so Marlene H. Dortch, Commission must determine that the within the period of time allowed by Secretary. designation is in the public interest. this notice, you should advise the [FR Doc. 05–2687 Filed 2–10–05; 8:45 am] The Commission issued a contact listed below as soon as possible. BILLING CODE 6712–01–P Memorandum Opinion and Order, in CC Docket No. 96–45, FCC 03–338, which ADDRESSES: Direct all Paperwork Reduction Act (PRA) comments to imposes three new information FEDERAL COMMUNICATIONS collection requirements. Specifically, Judith B. Herman, Federal COMMISSION they are: (1) Report on progress towards Communications Commission, 445 12th Street, SW., Room 1–C804, Washington, meeting infrastructure build-out plans; Notice of Public Information (2) report on the number of consumer DC 20554 or via the Internet to Judith- [email protected]. Collection(s) Being Reviewed by the complaints per 1,000 handsets; and (3) Federal Communications Commission, FOR FURTHER INFORMATION CONTACT: For report on information detailing the Comments Requested number of unfulfilled requests for additional information or copies of the service from potential customers for a information collections contact Judith B. February 3, 2005. twelve month period. Herman at 202–418–0214 or via the Internet at [email protected]. SUMMARY: The Federal Communications Federal Communications Commission. Commission, as part of its continuing SUPPLEMENTARY INFORMATION: Marlene H. Dortch, effort to reduce paperwork burden Secretary. OMB Control No.: 3060–1003. Title: Telecommunications Carrier invites the general public and other [FR Doc. 05–2686 Filed 2–10–05; 8:45 am] Emergency Contact Information. Federal agencies to take this BILLING CODE 6712–01–P Form No.: N/A. opportunity to comment on the Type of Review: Extension of a following information collection(s), as currently approved collection. required by the Paperwork Reduction FEDERAL COMMUNICATIONS Respondents: Business or other for Act (PRA) of 1995, Public Law 104–13. COMMISSION profit, not-for-profit institutions, Federal An agency may not conduct or sponsor a collection of information unless it Notice of Public Information Government, State, local or tribal displays a currently valid control Collection(s) Being Reviewed by the government. number. No person shall be subject to Federal Communications Commission Number of Respondents: 89. any penalty for failing to comply with for Extension Under Delegated Estimated Time per Response: .166 a collection of information subject to the Authority hours. Frequency of Response: On occasion Paperwork Reduction Act that does not February 4, 2005. and annual reporting requirements. display a valid control number. SUMMARY: The Federal Communications Total Annual Burden: 15 hours. Comments are requested concerning (a) Commission, as part of its continuing Annual Cost Burden: N/A. whether the proposed collection of effort to reduce paperwork burden Privacy Act Impact Assessment: N/A. information is necessary for the proper invites the general public and other Needs and Uses: In response to the performance of the functions of the Federal agencies to take this events of September 11, 2001, the Commission, including whether the opportunity to comment on the Commission created a Homeland information shall have practical utility; following information collection(s), as Security Policy Council to assist the (b) the accuracy of the Commission’s required by the Paperwork Reduction Commission in evaluating and burden estimate; (c) ways to enhance Act of 1995, Public Law 104–13. An strengthening measures for protecting the quality, utility, and clarity of the agency may not conduct or sponsor a U.S. communications infrastructure and information collected; and (d) ways to collection of information unless it facilities from further terrorist attacks; to minimize the burden of the collection of displays a currently valid control assist the Commission in ensuring rapid information on the respondents, number. No person shall be subject to restoration of communications including the use of automated
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collection techniques or other forms of the term of its license, the Educational information on the respondents, information technology. and Informational (E/I) needs of including the use of automated DATES: Written Paperwork Reduction children (‘‘Core Programming’’) through collection techniques or other forms of Act (PRA) comments should be both the licensee’s overall programming information technology. submitted on or before April 12, 2005. and programming specifically designed DATES: Written Paperwork Reduction If you anticipate that you will be to serve such needs. In order for a Act (PRA) comments should be submitting comments, but find it program to be identified as a core submitted on or before March 14, 2005. difficult to do so within the period of educational program, the E/I symbol If you anticipate that you will be time allowed by this notice, you should must be displayed throughout the submitting comments, but find it advise the contact listed below as soon program. difficult to do so within the period of as possible. These changes are intended to time allowed by this notice, you should provide greater clarity about ADDRESSES: Direct all Paperwork advise the contact listed below as soon broadcasters’ obligations under the Reduction Act (PRA) comments to as possible. Children’s Television Act (CTA) of 1990 Cathy Williams, Federal ADDRESSES: Direct all comments which specified the airing of programs Communications Commission, Room 1– regarding this Paperwork Reduction Act ‘‘specifically designed’’ to serve the C823, 445 12th Street, SW., Washington, submission to Judith B. Herman, Federal educational and informational needs of DC 20554 or via the Internet to Communications Commission, Room 1– children and to improve public access [email protected]. C804, 445 12th Street, SW., DC 20554 or to information about the availability of via the Internet to Judith- FOR FURTHER INFORMATION CONTACT: For these programs. These requirements will [email protected]. additional information or copies of the provide better information to the public information collection(s), contact Cathy about the shows broadcasters air to FOR FURTHER INFORMATION CONTACT: For Williams at (202) 418–2918 or via the satisfy their obligation to provide additional information or copies of the Internet at [email protected]. educational and informational information collection(s), contact Judith B. Herman at 202–418–0214 or via the SUPPLEMENTARY INFORMATION: programming under the Children’s OMB Control Number: 3060–0750. Television Act of 1990. Internet at [email protected]. SUPPLEMENTARY INFORMATION: Title: 47 CFR 73.671, Educational and Federal Communications Commission. Informational Programming for OMB Control No.: 3060–0370. Marlene H. Dortch, Title: Part 32—Uniform System of Children; 47 CFR 73.673, Public Secretary. Information Initiatives Regarding Accounts for Telecommunications [FR Doc. 05–2688 Filed 2–10–05; 8:45 am] Educational and Informational Companies. BILLING CODE 6712–10–P Form No: N/A. Programming for Children. Type of Review: Extension of a Form Number: Not applicable. currently approved collection. Type of Review: Revision of a FEDERAL COMMUNICATIONS Respondents: Business or other for- currently approved collection. COMMISSION profit, not-for-profit institutions, and Respondents: Business or other for- state, local and tribal government. profit entities. Notice of Public Information Number of Respondents: 239. Number of Respondents: 2,350. Collection(s) Being Reviewed by the Estimated Time Per Response: 1.07– Estimated Time per Response: 1–5 Federal Communications Commission 104 hours. minutes. Frequency of Response: On occasion Frequency of Response: Third party January 31, 2005. reporting requirement and disclosure requirement. SUMMARY: The Federal Communications recordkeeping requirement. Total Annual Burden: 438,920 hours. Commission, as part of its continuing Total Annual Burden: 1,516,702 Total Annual Cost: None. effort to reduce paperwork burden hours. Privacy Impact Assessment: No invites the general public and other Total Annual Cost: N/A. impact(s). Federal agencies to take this Privacy Act Impact Assessment: N/A. Needs and Uses: On September 9, opportunity to comment on the Needs and Uses: With this submission 2004, the Commission adopted a Report following information collection(s), as to OMB, the Commission is revising this And Order (R&O) and Further Notice of required by the Paperwork Reduction information collection, and adopts the Proposed Rule Making (FNPRM), In The Act of 1995, Public Law 104–13. An Joint Conference’s recommendations to Matter of Children’s Television agency may not conduct or sponsor a reinstate the following Part 32 Class A Obligations of Digital Television collection of information unless it accounts: Account 5230, Directory Broadcasters, FCC 04–221, MM Docket displays a currently valid control revenue; Account 6621, Call completion No. 00–167. 47 CFR 73.673 is amended number. No person shall be subject to services; Account 6622, Number to remove program identification any penalty for failing to comply with services; Account 6623, Customer requirements. New identification a collection of information subject to the services; Account 6561, Depreciation requirements are in section 73.671. Paperwork Reduction Act (PRA) that expenses—telecommunications plant in Section 73.673 now states that each does not display a valid control number. service; Account 6562, Depreciation commercial television broadcast station Comments are requested concerning (a) expenses—property held for future licensee shall provide information whether the proposed collection of telecommunications use; Account 6563, identifying programming specifically information is necessary for the proper Amortization expense—tangible; designed to educate and inform children performance of the functions of the Account 6564, Amortization expense— to publishers of program guides. Such Commission, including whether the intangible; Account 6565, Amortization information shall include an indication information shall have practical utility; expense—other. These accounting of the age group for this the program is (b) the accuracy of the Commission’s changes are mandatory only for Class A intended. 47 CFR 73.671 states that each burden estimate; (c) ways to enhance Incumbent Local Exchange Carriers commercial and noncommercial the quality, utility, and clarity of the (ILECs). The reinstatement of these educational television broadcast station information collected; and (d) ways to accounts will impose a minor increase licensee has an obligation to serve, over minimize the burden of the collection of (7%) in burden on Class A ILECs only.
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Additionally, the Commission mitigation plans is added to the service rule questions, contact the establishes a requirement that Class A information already required under Mobility Division, Wireless ILECs maintain subsidiary record Section 5.63 [experimental] and Section Telecommunications Bureau, as follows: categories for unbundled network 97.202(g) [amateur] of the Commission’s Erin McGrath, Keith Harper, or JoAnn element revenues, resale revenues, rules. Epps at (202) 418–0620. reciprocal compensation revenues, and The Second Report and Order reduces SUPPLEMENTARY INFORMATION: other interconnection revenues in the information collection requirements for This is a accounts in which these revenues are all licensees—including small summary of the Commission’s Public currently recorded. The use of businesses—by amending FCC rules to Notice released on February 2, 2005, subsidiary record categories allows provide automatic authorization for Auction No. 61 Comment Public Notice. carriers to use whatever mechanisms certain satellite maneuvers, such as The complete text of the Auction No. 61 they choose, including those currently qualifying orbit-raising maneuvers or Comment Public Notice, including in place, to identify the relevant end-of-life disposal maneuvers that attachments and any related amounts as long as the information can previously required licensees to apply Commission documents is available for be made available to state and federal for prior FCC authorization. public inspection and copying during regulators upon request. The use of regular business hours at the FCC Federal Communications Commission. Reference Information Center, Portals II, subsidiary record categories for Marlene H. Dortch, interconnection revenue does not 445 12th Street, SW., Room CY–A257, Secretary. require massive changes to the ILECs’ Washington, DC 20554. The Auction No. accounting system and is far less [FR Doc. 05–2695 Filed 2–10–05; 8:45 am] 61 Comment Public Notice and related burdensome alternative than the BILLING CODE 6712–01–P Commission documents may also be creation of new accounts and/or purchased from the Commission’s subaccounts. duplicating contractor, Best Copy and FEDERAL COMMUNICATIONS Printing, Inc. (BCPI), Portals II, 445 12th OMB Control No.: 3060–1013. COMMISSION Title: Mitigation of Orbital Debris. Street, SW., Room CY–B402, Form No: N/A. [Report No. AUC–05–61–A (Auction No. 61); Washington, DC, 20554, telephone 202– Type of Review: Revision of a DA 05–194] 488–5300, facsimile 202–488–5563, or currently approved collection. you may contact BCPI at its Web site: Respondents: Business or other for- Auction of Automated Maritime http://www.BCPIWEB.com. When profit. Telecommunications Systems ordering documents from BCPI, please Number of Respondents: 53. Licenses Scheduled for August 3, make sure you provide the appropriate Estimated Time Per Response: 3 2005, Comment Sought on Reserve FCC document number (for example, hours. Prices or Minimum Opening Bids and FCC 03–270 for the Third Report and Frequency of Response: On occasion Other Procedures for Auction No. 61 Order). The Auction No. 61 Comment and other one-time reporting Public Notice and related documents are requirements and third party disclosure AGENCY: Federal Communications Commission. also available on the Internet at the requirement. Commission’s Web site: http:// Total Annual Burden: 159 hours. ACTION: Notice. wireless.fcc.gov/auctions/61/. Total Annual Cost: $74,200. Privacy Act Impact Assessment: N/A. SUMMARY: This document announces the I. General Information Needs and Uses: The Second Report auction of ten Automated Maritime and Order in IB Docket No. 02–54, FCC Telecommunications System (‘‘AMTS’’) 1. The Wireless Telecommunications 04–130, requires that a satellite system licenses scheduled to commence on Bureau (‘‘Bureau’’) announces the operator requesting FCC space station August 3, 2005 (Auction No. 61). This auction of ten AMTS licenses. This authorization, or an entity requesting a document also seeks comment on auction is scheduled to commence on Commission ruling for access to a non- reserve prices or minimum opening bids August 3, 2005 (Auction No. 61). AMTS U.S.-licensed space station under the and other procedures for Auction No. is a specialized system of coast stations Commission’s satellite market access 61. which provide integrated and procedures, must submit an orbital DATES: Comments are due on or before interconnected marine voice and data debris mitigation plan to the February 18, 2005, and reply comments communications, somewhat like a Commission regarding spacecraft design are due on or before February 25, 2005. cellular phone system, for tugs, barges, and operation as part of its request. For and other vessels on waterways. Service commercial operators, this requirement ADDRESSES: Comments and reply to units on land is permitted, so long as is added to the technical information comments must be sent by electronic marine-originating communications that is already required under Section mail to the following address: receive priority. In Auction No. 61, two 25.114 of the Commission’s rules in [email protected]. 500-kilohertz blocks of paired spectrum support of an application for space FOR FURTHER INFORMATION CONTACT: For in the 217/219 MHz band will be offered station authorization. For applications legal questions: Howard Davenport at in each of ten AMTS Areas for authority for experimental and (202) 418–0660. For general auction (‘‘AMTSAs’’), where available. A amateur space stations, information questions: Roy Knowles, Debbie Smith complete list of licenses available for about the space station’s orbital debris or Barbara Sibert at (717) 338–2888. For Auction No. 61 follows.
Channel Market No. Description License No. Frequencies (MHz) block
AMTSA001 ...... Northern Atlantic ...... PC–AMT001–A 217.5–218.0 / 219.5–220.0 A AMTSA002 ...... Mid-Atlantic ...... PC–AMT002–A 217.5–218.0 / 219.5–220.0 A AMTSA003 ...... Southern Atlantic ...... PC–AMT003–A 217.5–218.0 / 219.5–220.0 A AMTSA004 ...... Mississippi River ...... PC–AMT004–A 217.5–218.0 / 219.5–220.0 A AMTSA005 ...... Great Lakes ...... PC–AMT005–A 217.5–218.0 / 219.5–220.0 A
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Channel Market No. Description License No. Frequencies (MHz) block
AMTSA006 ...... Southern Pacific ...... PC–AMT006–A 217.5–218.0 / 219.5–220.0 A AMTSA007 ...... Northern Pacific ...... PC–AMT007–A 217.5–218.0 / 219.5–220.0 A AMTSA008 ...... Hawaii ...... PC–AMT008–A 217.5–218.0 / 219.5–220.0 A AMTSA008 ...... Hawaii ...... PC–AMT008–B 217.0–217.5 / 219.0–219.5 B AMTSA009 ...... Alaska ...... PC–AMT009–A 217.5–218.0 / 219.5–220.0 A
2. Auction No. 61 will use the FCC’s B. Upfront Payments and Bidding single round, and submit an upfront Integrated Spectrum Auction System Eligibility payment amount covering that total (‘‘ISAS’’ or ‘‘FCC Auction System’’), an 5. The Bureau has delegated authority number of bidding units. Provisionally extensive redesign of the previous and discretion to determine an winning bids are bids that would auction application and bidding appropriate upfront payment for each become final winning bids if the auction systems. The redesign includes FCC license being auctioned, taking into were to close in that given round. The Form 175 application enhancements account such factors as the population Bureau seeks comment on this proposal. such as discrete data elements in place in each geographic license area and the C. Activity Rules of free-form exhibits and improved data value of similar spectrum. The upfront 7. In order to ensure that the auction accuracy through automated checking of payment is a refundable deposit made closes within a reasonable period of by each bidder to establish eligibility to FCC Form 175 applications. time, an activity rule requires bidders to bid on licenses. Upfront payments Enhancements have also been made to bid actively throughout the auction, related to the specific spectrum subject the FCC Form 175 application search rather than wait until late in the auction to auction protect against frivolous or function. The auction bidding system before participating. Bidders are insincere bidding and provide the has also been updated for easier required to be active on a specific Commission with a source of funds from navigation, customizable results, and percentage of their current bidding which to collect payments owed at the improved functionality. The Bureau will eligibility during each round of the close of the auction. With these release subsequent public notices that auction. A bidder that does not satisfy guidelines in mind for Auction No. 61, outline more specific information on the activity rule either will lose bidding the Bureau proposes to calculate upfront these enhancements and announce eligibility in the next round or must use payments on a license-by-license basis schedules for demonstrations. an activity rule waiver (if any remain). using a formula based on bandwidth 8. The Bureau proposes to divide the 3. Section 309(j)(3) of the and license area population: Communications Act of 1934, as auction into two stages, each $0.005 * MHz * License Area characterized by a different activity amended, requires the Commission to Population with a minimum of requirement. The auction will start in ‘‘ensure that, in the scheduling of any $1,000 per license. Stage One. The Bureau proposes that the competitive bidding under this The specific proposed upfront payment auction generally will advance from subsection, an adequate period is for each license available in Auction No. Stage One to Stage Two when the allowed * * * before issuance of 61 is set forth in Attachment A of the auction activity level, as measured by bidding rules, to permit notice and Auction No. 61 Comment Public Notice. the percentage of bidding units comment on proposed auction The Bureau seeks comment on this receiving new provisionally winning procedures * * *’’ Consistent with the proposal. bids, is approximately twenty percent or provisions of § 309(j)(3) and to ensure 6. The Bureau further proposes that below for three consecutive rounds of that potential bidders have adequate the amount of the upfront payment bidding. However, the Bureau further time to familiarize themselves with the submitted by a bidder will determine proposes that the Bureau retain the specific rules that will govern the day- the maximum number of bidding units discretion to change stages unilaterally to-day conduct of an auction, the on which a bidder may place bids. This by announcement during the auction. In Commission directed the Bureau, under limit is a bidder’s initial bidding exercising this discretion, the Bureau its existing delegated authority, to seek eligibility. Each license is assigned a will consider a variety of measures of comment on a variety of auction- specific number of bidding units equal bidder activity, including, but not specific procedures prior to the start of to the upfront payment on a bidding limited to, the auction activity level, the each auction. The Bureau therefore unit per dollar basis. Bidding units for percentage of licenses (as measured in seeks comment on the following issues a given license do not change as prices bidding units) on which there are new relating to Auction No. 61. rise during the auction. A bidder’s bids, the number of new bids, and the upfront payment is not attributed to percentage increase in revenue. The II. Auction Structure specific licenses. Rather, a bidder may Bureau seeks comment on these place bids on any combination of A. Simultaneous Multiple-Round proposals. licenses as long as the total number of 9. For Auction No. 61, the Bureau Auction Design bidding units associated with those proposes the following activity 4. The Bureau proposes to award all licenses does not exceed its current requirements: licenses included in Auction No. 61 in eligibility. Eligibility cannot be Stage One: In each round of the first a simultaneous multiple-round auction. increased during the auction; it can only stage of the auction, a bidder desiring to This methodology offers every license remain the same or decrease. Thus, in maintain its current bidding eligibility calculating its upfront payment amount, is required to be active on licenses for bid at the same time with successive an applicant must determine the representing at least 80 percent of its bidding rounds in which bidders may maximum number of bidding units it current bidding eligibility. Failure to place bids on individual licenses. The may wish to bid on (or hold maintain the requisite activity level will Bureau seeks comment on this proposal. provisionally winning bids on) in any result in a reduction in the bidder’s
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bidding eligibility in the next round of this case, the bidder’s eligibility is available. The toll free telephone bidding (unless an activity rule waiver permanently reduced to bring the bidder number through which telephonic is used). During Stage One, a bidder’s into compliance with the activity rules bidding may be accessed will be reduced eligibility for the next round as described above. Once eligibility has provided to bidders. will be calculated by multiplying the been reduced, a bidder will not be 18. The initial bidding schedule will bidder’s current round activity by five- permitted to regain its lost bidding be announced in a public notice to be fourths (5⁄4). eligibility. released at least one week before the Stage Two: In each round of the 14. A bidder may apply an activity start of the auction. The simultaneous second stage, a bidder desiring to rule waiver proactively as a means to multiple-round format will consist of maintain its current bidding eligibility keep the auction open without placing sequential bidding rounds, each is required to be active on 90 percent of a bid. If a bidder proactively applies an followed by the release of round results. its current bidding eligibility. During activity rule waiver (using the ‘‘apply Details regarding the location and Stage Two, a bidder’s reduced eligibility waiver’’ function in the FCC Auction format of round results will be included for the next round will be calculated by System) during a bidding round in in the same public notice. multiplying the bidder’s current round which no bids or withdrawals are 19. The Bureau has discretion to activity by ten-ninths (10⁄9). submitted, the auction will remain open change the bidding schedule in order to 10. The Bureau seeks comment on and the bidder’s eligibility will be foster an auction pace that reasonably these proposals. Commenters that preserved. An automatic waiver applied balances speed with the bidders’ need to believe these activity rules should be by the FCC Auction System in a round study round results and adjust their modified should explain their reasoning in which there are no new bids or bidding strategies. The Bureau may and comment on the desirability of an withdrawals will not keep the auction increase or decrease the amount of time alternative approach. Commenters are open. Note: Applying a waiver is for the bidding rounds and review advised to support their claims with irreversible; once a proactive waiver is periods, or the number of rounds per analyses and suggested alternative submitted that waiver cannot be day, depending upon the bidding activity rules. unsubmitted, even if the round has not activity level and other factors. The Bureau seeks comment on this proposal. D. Activity Rule Waivers and Reducing yet closed. Eligibility 15. The Bureau proposes that each B. Reserve Price or Minimum Opening bidder in Auction No. 61 be provided 11. Use of an activity rule waiver Bid with three activity rule waivers that may preserves the bidder’s current bidding 20. Section 309(j) of the be used at the bidder’s discretion during eligibility despite the bidder’s activity Communications Act calls upon the the course of the auction as set forth in the current round being below the Commission to prescribe methods for above. The Bureau seeks comment on required minimum level. An activity establishing a reasonable reserve price this proposal. rule waiver applies to an entire round or a minimum opening bid amount of bidding and not to a particular E. Information Relating to Auction when FCC licenses are subject to license. Activity rule waivers can be Delay, Suspension, or Cancellation auction, unless the Commission either proactive or automatic and are 16. For Auction No. 61, the Bureau determines that a reserve price or principally a mechanism for auction proposes that, by public notice or by minimum opening bid amount is not in participants to avoid the loss of bidding announcement during the auction, the the public interest. Consistent with this eligibility in the event that exigent Bureau may delay, suspend, or cancel mandate, the Commission has directed circumstances prevent them from the auction in the event of natural the Bureau to seek comment on the use placing a bid in a particular round. disaster, technical obstacle, evidence of of a minimum opening bid amount and/ 12. The FCC Auction System assumes an auction security breach, unlawful or reserve price prior to the start of each that bidders with insufficient activity bidding activity, administrative or auction. would prefer to apply an activity rule 21. Normally, a reserve price is an weather necessity, or for any other waiver (if available) rather than lose absolute minimum price below which reason that affects the fair and efficient bidding eligibility. Therefore, the an item will not be sold in a given conduct of competitive bidding. In such system will automatically apply a auction. Reserve prices can be either cases, the Bureau, in its sole discretion, waiver at the end of any bidding round published or unpublished. A minimum may elect to resume the auction starting where a bidder’s activity level is below opening bid amount, on the other hand, from the beginning of the current round, the minimum required unless: (1) The is the minimum bid price set at the resume the auction starting from some bidder has no activity rule waivers beginning of the auction below which previous round, or cancel the auction in available; or (2) the bidder overrides the no bids are accepted. It is generally used its entirety. Network interruption may automatic application of a waiver by to accelerate the competitive bidding cause the Bureau to delay or suspend reducing eligibility, thereby meeting the process. Also, the auctioneer often has the auction. The Bureau emphasizes minimum requirement. Note: If a bidder the discretion to lower the minimum that exercise of this authority is solely has no waivers remaining and does not opening bid amount later in the auction. within the discretion of the Bureau, and satisfy the required activity level, its It is also possible for the minimum its use is not intended to be a substitute eligibility will be permanently reduced, opening bid amount and the reserve for situations in which bidders may possibly eliminating the bidder from price to be the same amount. wish to apply their activity rule waivers. further bidding in the auction. 22. In light of Section 309(j)’s The Bureau seeks comment on this 13. A bidder with insufficient activity requirements, the Bureau proposes to proposal. may wish to reduce its bidding establish minimum opening bid eligibility rather than use an activity III. Bidding Procedures amounts for Auction No. 61. The Bureau rule waiver. If so, the bidder must believes a minimum opening bid A. Round Structure affirmatively override the automatic amount, which has been used in other waiver mechanism during the bidding 17. The Commission will conduct auctions, is an effective bidding tool. round by using the ‘‘reduce eligibility’’ Auction No. 61 over the Internet. 23. Specifically, for Auction No. 61, function in the FCC Auction System. In Telephonic bidding will also be the Bureau proposes to calculate
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minimum opening bid amounts on a will round the result using our standard provisionally winning bid from among license-by-license basis using a formula rounding procedures. the tied bids. If the auction were to end based on bandwidth and license area 27. The nine acceptable bid amounts with no higher bids being placed for population: for each license consist of the minimum that license, the winning bidder would $0.005 * MHz * License Area acceptable bid amount and additional be the one that placed the selected Population with a minimum of amounts calculated using the minimum provisionally winning bid. However, the $1,000 per license. acceptable bid amount and the bid remaining bidders, as well as the The specific minimum opening bid increment percentage. The Bureau will provisionally winning bidder, can amount for each license available in round the results using our standard submit higher bids in subsequent Auction No. 61 is set forth in rounding procedures. The first rounds. If any bids are received on the Attachment A of the Auction No. 61 additional acceptable bid amount equals license in a subsequent round, the Comment Public Notice. The Bureau the minimum acceptable bid amount provisionally winning bid again will be seeks comment on this proposal. times one plus the bid increment determined by the highest bid amount percentage, rounded—e.g., if the bid 24. If commenters believe that these received for the license. increment percentage is 5 percent, the minimum opening bid amounts will 32. A provisionally winning bid will calculation is (minimum acceptable bid result in substantial numbers of unsold remain the provisionally winning bid amount) * (1 + 0.05), rounded, or licenses, or are not reasonable amounts, until there is a higher bid on the same (minimum acceptable bid amount) * or should instead operate as reserve license at the close of a subsequent 1.05, rounded; the second additional prices, they should explain why this is round, unless the provisionally winning acceptable bid amount equals the so, and comment on the desirability of bid is withdrawn. Bidders are reminded minimum acceptable bid amount times an alternative approach. Commenters that provisionally winning bids confer one plus two times the bid increment credit for activity. are advised to support their claims with percentage, rounded, or (minimum valuation analyses and suggested acceptable bid amount) * 1.10, rounded; E. Information Regarding Bid reserve prices or minimum opening bid the third additional acceptable bid Withdrawal and Bid Removal amount levels or formulas. In amount equals the minimum acceptable establishing the minimum opening bid 33. For Auction No. 61, the Bureau bid amount times one plus three times proposes the following bid removal and amounts, the Bureau particularly seeks the bid increment percentage, rounded, comment on such factors as the amount bid withdrawal procedures. Before the or (minimum acceptable bid amount) * close of a bidding round, a bidder has of spectrum being auctioned, levels of 1.15, rounded; etc. Note that the bid incumbency, the availability of the option of removing any bid placed increment percentage need not be the in that round. By removing selected bids technology to provide service, the size same as the minimum acceptable bid of the geographic service areas, issues of in the FCC Auction System, a bidder percentage. may effectively ‘‘unsubmit’’ any bid interference with other spectrum bands 28. In the case of a license for which placed within that round. A bidder and any other relevant factors that could the provisionally winning bid has been removing a bid placed in the same reasonably have an impact on valuation withdrawn, the minimum acceptable round is not subject to a withdrawal of the AMTS spectrum. The Bureau also bid amount will equal the second payment. Once a round closes, a bidder seeks comment on whether, consistent highest bid received for the license. with Section 309(j), the public interest 29. For Auction No. 61, the Bureau may no longer remove a bid. would be served by having no minimum proposes to use a minimum acceptable 34. A bidder may withdraw its opening bid amount or reserve price. bid percentage of five percent. This provisionally winning bids using the means that the minimum acceptable bid ‘‘withdraw bids’’ function in the FCC C. Minimum Acceptable Bid Amounts Auction System. A bidder that and Bid Increments amount for a license will be approximately five percent greater than withdraws its provisionally winning 25. In each round, eligible bidders the provisionally winning bid amount bid(s) is subject to the bid withdrawal will be able to place bids on a given for the license. The Bureau proposes to payment provisions of the Commission license in any of nine different amounts. use a bid increment percentage of five rules. The Bureau seeks comment on The FCC Auction System interface will percent. these bid removal and bid withdrawal list the nine acceptable bid amounts for 30. The Bureau retains the discretion procedures. each license. to change the minimum acceptable bid 35. In the Part 1 Third Report and 26. The minimum acceptable bid amounts, the minimum acceptable bid Order, the Commission explained that amount for a license will be equal to its percentage, and the bid increment allowing bid withdrawals facilitates minimum opening bid amount until percentage if it determines that efficient aggregation of licenses and the there is a provisionally winning bid for circumstances so dictate. The Bureau pursuit of efficient backup strategies as the license. After there is a provisionally will do so by announcement in the FCC information becomes available during winning bid for a license, the minimum Auction System during the auction. The the course of an auction. The acceptable bid amount for that license Bureau seeks comment on these Commission noted, however, that, in will be equal to the amount of the proposals. some instances, bidders may seek to provisionally winning bid plus an withdraw bids for improper reasons. additional amount. The minimum D. Provisionally Winning Bids The Bureau, therefore, has discretion, in acceptable bid amount will be 31. At the end of a bidding round, a managing the auction, to limit the calculated by multiplying the provisionally winning bid amount for number of withdrawals to prevent any provisionally winning bid amount times each license will be determined based bidding abuses. The Commission stated one plus the minimum acceptable bid on the highest bid amount received for that the Bureau should assertively percentage—e.g., if the minimum the license. In the event of identical exercise its discretion, consider limiting acceptable bid percentage is 5 percent, high bid amounts being submitted on a the number of rounds in which bidders the minimum acceptable bid amount license in a given round (i.e., tied bids), may withdraw bids, and prevent bidders will equal (provisionally winning bid the Bureau proposes to use a random from bidding on a particular market if amount) * (1.05), rounded. The Bureau number generator to select a single the Bureau finds that a bidder is abusing
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the Commission’s bid withdrawal waiver or places any withdrawals. In reminded that memoranda summarizing procedures. this event, the effect will be the same as the presentations must contain 36. Applying this reasoning, the if a bidder had applied a waiver. The summaries of the substance of the Bureau proposes to limit each bidder in activity rule, therefore, will apply as presentations and not merely a listing of Auction No. 61 to withdrawing usual and a bidder with insufficient the subjects discussed. More than a one provisionally winning bids in no more activity will either lose bidding or two sentence description of the views than one round during the course of the eligibility or use a remaining activity and arguments presented is generally auction. To permit a bidder to withdraw rule waiver. required. Other rules pertaining to oral bids in more than one round may iii. Declare that the auction will end and written ex parte presentations in encourage insincere bidding or the use after a specified number of additional permit-but-disclose proceedings are set of withdrawals for anti-competitive rounds (‘‘special stopping rule’’). If the forth in § 1.1206(b) of the Commission’s purposes. The round in which Bureau invokes this special stopping rules. withdrawals may be used will be at the rule, it will accept bids in the specified Federal Communications Commission. bidder’s discretion; withdrawals final round(s) and the auction will otherwise must be in accordance with close. Gary D. Michaels, the Commission’s rules. There is no 40. The Bureau proposes to exercise Deputy Chief, Auctions and Spectrum Access limit on the number of provisionally these options only in certain Division, WTB. winning bids that may be withdrawn in circumstances, for example, where the [FR Doc. 05–2683 Filed 2–10–05; 8:45 am] the round in which withdrawals are auction is proceeding very slowly, there BILLING CODE 6712–01–P used. Withdrawals will remain subject is minimal overall bidding activity, or it to the bid withdrawal payment appears likely that the auction will not provisions specified in the close within a reasonable period of time. FEDERAL RESERVE SYSTEM Commission’s rules. The Bureau seeks Before exercising these options, the comment on this proposal. Bureau is likely to attempt to increase Agency Information Collection the pace of the auction by, for example, Activities: Announcement of Board F. Stopping Rule increasing the number of bidding Approval under Delegated Authority 37. The Bureau has discretion ‘‘to rounds per day, and/or increasing the and Submission to OMB establish stopping rules before or during amount of the minimum bid increments SUMMARY: Notice is hereby given of the multiple round auctions in order to for the limited number of licenses where final approval of proposed information terminate the auction within a there is still a high level of bidding collections by the Board of Governors of reasonable time.’’ For Auction No. 61, activity. The Bureau seeks comment on the Bureau proposes to employ a these proposals. the Federal Reserve System (Board) simultaneous stopping rule approach. A under OMB delegated authority, as per IV. Conclusion simultaneous stopping rule means that 5 CFR 1320.16 (OMB Regulations on all licenses remain available for bidding 41. Comments are due on or before Controlling Paperwork Burdens on the until bidding closes simultaneously on February 18, 2005, and reply comments Public). Board–approved collections of all licenses. are due on or before February 25, 2005. information are incorporated into the 38. Bidding will close simultaneously Because of the disruption of regular official OMB inventory of currently on all licenses after the first round in mail and other deliveries in approved collections of information. which no bidder submits any new bids, Washington, DC, the Bureau requires Copies of the OMB 83–Is and supporting applies a proactive waiver, or places any that all comments and reply comments statements and approved collection of withdrawals. Thus, unless be filed electronically. Comments and information instrument(s) are placed circumstances dictate otherwise, reply comments and copies of material into OMB’s public docket files. The bidding will remain open on all licenses filed with the Commission pertaining to Federal Reserve may not conduct or until bidding stops on every license. Auction No. 61, must be sent by sponsor, and the respondent is not 39. However, the Bureau proposes to electronic mail to the following address: required to respond to, an information retain the discretion to exercise any of [email protected]. The electronic mail collection that has been extended, the following options during Auction containing the comments or reply revised, or implemented on or after No. 61: comments must include a subject or October 1, 1995, unless it displays a i. Use a modified version of the caption referring to Auction No. 61 currently valid OMB control number. simultaneous stopping rule. The Comments and the name of the FOR FURTHER INFORMATION CONTACT: modified stopping rule would close the commenting party. The Bureau requests Federal Reserve Board Clearance Officer auction for all licenses after the first that parties format any attachments to —Michelle Long—Division of Research round in which no bidder applies a electronic mail as Adobe Acrobat and Statistics, Board of Governors of the waiver, places a withdrawal or submits (pdf) or Microsoft Word documents. Federal Reserve System, Washington, any new bids on any license for which Copies of comments and reply DC 20551 (202–452–3829) it is not the provisionally winning comments will be available for public OMB Desk Officer—Mark Menchik— bidder. Thus, absent any other bidding inspection during regular business Office of Information and Regulatory activity, a bidder placing a new bid on hours in the FCC Reference Information Affairs, Office of Management and a license for which it is the Center, Room CY–A257, 445 12th Street, Budget, New Executive Office Building, provisionally winning bidder would not SW., Washington, DC 20554, and will Room 10235, Washington, DC 20503, or keep the auction open under this also be posted on the Web page for email to [email protected]. modified stopping rule. The Bureau Auction No. 61 at http:// Final approval under OMB delegated further seeks comment on whether this wireless.fcc.gov/auctions/61/. authority of the extension for three modified stopping rule should be used 42. This proceeding has been years, without revision, of the following at any time or only in stage two of the designated as a ‘‘permit-but-disclose’’ report: auction. proceeding in accordance with the ii. Keep the auction open even if no Commission’s ex parte rules. Persons Report title: Notification of Foreign bidder submits any new bids, applies a making oral ex parte presentations are Branch Status.
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Agency form number: FR 2058. General description of report: This collect any additional information OMB control number: 7100–0069. information collection is mandatory (12 deemed to be critical and needed in an Frequency: on occasion. U.S.C. 1844(c)). Confidential treatment expedited manner. It is intended to Reporters: Member banks, bank is not routinely given to the data in supplement the FR Y–9C and FR Y–9SP holding companies (BHCs), and Edge these reports. However, confidential reports. and agreement corporations. treatment for the reporting information, The FR Y–9ES collects financial Annual reporting hours: 20 hours. in whole or in part, can be requested in information from employee stock Estimated average hours per response: accordance with the instructions to the ownership plans (ESOPs) that are also 15 minutes. form, pursuant to sections (b)(4), BHCs on their benefit plan activities as Number of respondents: 79. (b)(6)and (b)(8) of the Freedom of of December 31. It consists of four General description of report: This Information Act [5 U.S.C. 522(b)(4), schedules: Statement of Changes in Net information collection is mandatory (12 (b)(6) and (b)(8)]. Assets Available for Benefits, Statement U.S.C. 321, 601, and 602 (member Abstract: The FR Y–9C collects basic of Net Assets Available for Benefits, banks)); (12 U.S.C. 615 (Edge financial data from a domestic BHC on Memoranda, and Notes to the Financial corporations)); (12 U.S.C. 601 a consolidated basis in the form of a Statements. (agreement corporations)); and (12 balance sheet, an income statement, and Current Actions: On October 25, 2004, U.S.C. 1844(c) (BHCs)) and is not detailed supporting schedules, the Federal Reserve issued for public regarded as confidential. including a schedule of off–balance– comment proposed revisions to BHC Abstract: Member banks, BHCs, and sheet items, similar to the Federal reports (69 FR 62269). The comment Edge and agreement corporations are Financial Institutions Examination period expired on December 27, 2004. required to notify the Federal Reserve of Council (FFIEC) Consolidated Reports of The Federal Reserve received comment the opening, closing, or relocation of a Condition and Income (Call Reports) letters from two BHCs and one trade foreign branch. The Federal Reserve (FFIEC 031 & 041; OMB No. 7100– association. The comments received are needs the information collected on the 0036). The FR Y–9C collects data from addressed below. the BHC as of the end of March, June, FR 2058 to fulfill supervisory Accelerated Filing Deadline – FR Y–9C responsibilities specified in Regulation September, and December. The FR Y–9C K including the supervision of foreign is filed by top–tier BHCs with total Effective in June 2005 top–tier BHCs branches of U.S. banking organizations. consolidated assets of $150 million or are scheduled to accelerate the filing of The information submitted on the FR more and lower–tier BHCs that have their FR Y–9C reports to 35 days after 2058 notification is the primary means total consolidated assets of $1 billion or the reporting date and each quarter by which the Federal Reserve monitors more. In addition, multibank holding thereafter, except for the December the current operating status of foreign companies with total consolidated reporting date. Consistent with a delay branches of U.S banking organizations. assets of less than $150 million with in the implementation date announced The information is needed in order to debt outstanding to the general public or by the Securities and Exchange evaluate the organization’s international engaged in certain nonbank activities Commission regarding its phased–in exposure and to update the Federal must file the FR Y–9C. approach for accelerated filings, the Reserve’s structure files on U.S. banking The FR Y–9LP collects basic financial Federal Reserve proposed to postpone organizations. The information enables data from domestic BHCs on an commencement of its 35–day the Federal Reserve to evaluate an unconsolidated, parent–only basis in accelerated filing deadline until the organization’s development over time. the form of a balance sheet, an income June 2006 reporting date. The FR 2058 notification is the only statement, and supporting schedules All three commenters supported source of this information. relating to investments, cash flow, and delaying the effective date of this action certain memoranda items. This report is and requested confirmation that the Final approval under OMB delegated filed as of the end of March, June, filing deadline for BHCs other than top– authority of the extension for three September, and December on a parent tier FR Y–9C filers would remain at 45 years, with revision, of the following company only basis by each BHC that days after the reporting date. They also reports: files the FR Y–9C. In addition, for tiered asked for reconfirmation that the 35–day 1. Report title: Financial Statements BHCs, a separate FR Y–9LP must be deadline is defined as 30 calendar days for Bank Holding Companies. filed for each lower–tier BHC. plus 5 business days after the report Agency form number: FR Y–9C, FR Y– The FR Y–9SP is a parent company date. The Federal Reserve confirms that 9LP, FR Y–9SP, FR Y–9CS, and FR Y– only financial statement filed by smaller the filing deadline for BHCs other than 9ES. BHCs as of the end of June and top–tier FR Y–9C filers and the OMB control number: 7100–0128. December. Respondents include one– definition of the 35–day filing deadline Frequency: Quarterly, semiannually, bank holding companies with total are correct. consolidated assets of less than $150 and annually. Accelerated Filing Deadline – FR Y–9LP Reporters: BHCs. million and multibank holding Annual reporting hours: 399,192. companies with total consolidated As requested by a number of BHCs, Estimated average hours per response: assets of less than $150 million that the Federal Reserve proposed to make FR Y–9C: 35.40 hours, meet certain other criteria. This form is the filing deadline for the FR Y–9LP FR Y–9LP: 4.75 hours, a simplified or abbreviated version of consistent with the filing deadline for FR Y–9SP: 4.85 hours, the more extensive parent company top–tier FR Y–9C respondents. Because FR Y–9ES: 30 minutes, only financial statement for large BHCs the FR Y–9LP serves as source FR Y–9CS: 30 minutes. (FR Y–9LP). This report collects basic information for completing the FR Y– Number of respondents: balance sheet and income information 9C, much of the information on the FR FR Y–9C: 2,240, for the parent company, information on Y–9LP must be compiled prior to filing FR Y–9LP: 2,590, intangible assets, and information on the FR Y–9C. Therefore filing the FR Y– FR Y–9SP: 3,253, intercompany transactions. 9LP on the same time frame was not FR Y–9ES: 87, The FR Y–9CS is a free form believed to entail additional reporting FR Y–9CS: 600. supplement that may be utilized to burden and could result in less
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reporting burden due to fewer follow– abbreviated form that collects four data income, total assets, equity capital, and up calls from the Federal Reserve. items: net income, total assets, equity total off–balance sheet items. The data All three commenters strongly capital, and total off–balance–sheet are used to identify current and opposed the shortened filing deadline items. The data are used in conjunction potential problems at the foreign for FR Y–9LP reports. They cited with data from other BHC reports to subsidiaries of U.S. parent companies, increased demands to prepare and assess the condition of BHCs that are to monitor the activities of U.S. banking complete required SEC filings, bank Call heavily engaged in nonbanking organizations in specific countries, and Report data, and the FR Y–9C data activities and to monitor the volume, to develop a better understanding of approximately one month after the nature, and condition of their activities within the industry, in reporting period date, and added that nonbanking operations. general, and of individual institutions, BHCs who wish to file their FR Y–9 data Current Actions: On October 25, 2004, in particular. The FR 2314 is the only ahead of the deadline are not precluded the Federal Reserve issued for public source of comprehensive and systematic from doing so. Further they stated that comment proposed revisions to the FR data on the assets, liabilities, and although data in the FR Y–9LP are used Y–11 reports (69 FR 62269) effective earnings of the foreign bank and for completing the FR Y–9C, BHCs need with the March 31, 2005, report date. nonbank subsidiaries of U.S. SMBs, to gather additional information (e.g., The comment period expired on BHCs, and Edge and agreement cash flow data, detail on investment in December 27, 2004. The Federal Reserve corporations. subsidiaries, memoranda information) received one comment from a BHC. Current Actions: On October 25, 2004, for the FR Y–9LP that is not required on The Federal Reserve proposed to the Federal Reserve issued for public the FR Y–9C and additional analysis is revise the FR Y–11 reporting comment proposed revisions to the FR required for the preparation of a parent instructions for ‘‘all other assets’’ to 2314 reports (69 FR 62269) effective company only presentation. exclude investments in unconsolidated with the March 31, 2005, report date. The Federal Reserve concurs with the subsidiaries and associated companies The comment period expired on commenters’ argument that accelerating and include them in ‘‘balances due from December 27, 2004. The Federal Reserve the filing deadline for the FR Y–9LP related organizations.’’ The commenter received one comment from a BHC. would impose additional burden to agreed with the proposed revision. The Federal Reserve proposed to respondents. The Federal Reserve will 3. Report title: Financial Statements of revise the FR 2314 reporting retain the current filing deadline for the Foreign Subsidiaries of U.S. Banking instructions for ‘‘all other assets’’ to FR Y–9LP of 45 calendar days following Organizations. exclude investments in unconsolidated the reporting date. Agency form number: FR 2314 and FR subsidiaries and associated companies 2. Report title: Financial Statements of 2314S. and include them in ‘‘balances due from U.S. Nonbank Subsidiaries of U.S. Bank OMB control number: 7100–0073. related organizations.’’ The commenter Holding Companies. Frequency: Quarterly and annually. agreed with the proposed revision. Agency form number: FR Y–11 and Reporters: Foreign subsidiaries of U.S. state member banks (SMBs), BHCs, and Board of Governors of the Federal Reserve FR Y–11S System, February 7, 2005. OMB control number: 7100–0244. Edge or agreement corporations. Frequency: Quarterly and annually. Annual reporting hours: 4,855 hours. Jennifer J. Johnson, Reporters: BHCs. Estimated average hours per response: Secretary of the Board. Annual reporting hours: 31,877 hours. FR 2314 (quarterly): 6 hours, [FR Doc. 05–2675 Filed 2–10–05; 8:45 am] Estimated average hours per response: FR 2314 (annual): 6 hours, BILLING CODE: 6210–01–S FR Y–11 (quarterly): 6 hours, FR 2314S (annual): 1 hour. FR Y–11 (annual): 6 hours, Number of respondents: FR Y–11S (annual): 1 hour. FR 2314 (quarterly): 156, DEPARTMENT OF HEALTH AND Number of respondents: FR 2314 (annual): 143, HUMAN SERVICES FR Y–11 (quarterly): 1,246, FR 2314S (annual): 253. FR Y–11 (annual): 218, General description of report: This Centers for Medicare & Medicaid FR Y–11S (annual): 665. information collection is mandatory (12 Services General description of report: This U.S.C. 324, 602, 625, and 1844). information collection is mandatory (12 Confidential treatment is not routinely [Document Identifier: CMS–R–43] U.S.C. 1844(c)). Confidential treatment given to the data in these reports. Agency Information Collection is not routinely given to the data in However, confidential treatment for the Activities: Proposed Collection; these reports. However, confidential reporting information, in whole or in Comment Request treatment for the reporting information, part, can be requested in accordance in whole or in part, can be requested in with the instructions to the form, AGENCY: Centers for Medicare & accordance with the instructions to the pursuant to sections (b)(4), (b)(6) and Medicaid Services. form, pursuant to sections (b)(4), (b)(8) of the Freedom of Information Act In compliance with the requirement (b)(6)and (b)(8) of the Freedom of [5 U.S.C. 522(b)(4) (b)(6) and (b)(8)]. of section 3506(c)(2)(A) of the Information Act [5 U.S.C. 522(b)(4), Abstract: The FR 2314 data are Paperwork Reduction Act of 1995, the (b)(6) and (b)(8)]. collected from U.S. member banks, Edge Centers for Medicare & Medicaid Abstract: The FR Y–11 and FR Y–11S and agreement corporations, and BHCs Services (CMS) is publishing the collect financial information for for their direct or indirect foreign following summary of proposed individual U.S. nonbank subsidiaries of subsidiaries. The FR 2314 consists of a collections for public comment. BHCs located in the United States. The balance sheet and income statement; Interested persons are invited to send FR Y–11 consists of a balance sheet and information on changes in equity comments regarding this burden income statement; information on capital, changes in the allowance for estimate or any other aspect of this changes in equity capital, changes in the loan and lease losses, off–balance–sheet collection of information, including any allowance for loan and lease losses, off– items, and loans; and a memoranda of the following subjects: (1) The balance–sheet items, and loans; and a section. The FR 2314S is an abbreviated necessity and utility of the proposed memoranda section. The FR Y–11S is an form that collects four data items: net information collection for the proper
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performance of the agency’s functions; DEPARTMENT OF HEALTH AND address at http://www.cms.hhs.gov/ (2) the accuracy of the estimated HUMAN SERVICES regulations/pra/, or E-mail your request, burden; (3) ways to enhance the quality, including your address, phone number, utility, and clarity of the information to Centers for Medicare & Medicaid OMB number, and CMS document be collected; and (4) the use of Services identifier, to [email protected], automated collection techniques or [Document Identifier: CMS–10131] or call the Reports Clearance Office on other forms of information technology to (410) 786–1326. minimize the information collection Agency Information Collection Written comments and burden. Activities: Submission for OMB recommendations for the proposed Type of Information Collection Review; Comment Request information collections must be mailed within 30 days of this notice directly to Request: Extension of a currently AGENCY: Centers for Medicare & approved collection; Title of the OMB desk officer: OMB Human Medicaid Services, HHS. Resources and Housing Branch, Information Collection: Conditions of In compliance with the requirement Attention: Christopher Martin, New Participation for Portable X-ray of section 3506(c)(2)(A) of the Executive Office Building, Room 10235, Suppliers and Supporting Regulations Paperwork Reduction Act of 1995, the Washington, DC 20503. in 42 CFR, Sections 486.104, 486.106, Centers for Medicare & Medicaid and 486.110; Use: This information Services (CMS), Department of Health Dated: February 3, 2005. collection request contains the and Human Services, is publishing the John P. Burke, III, recordkeeping requirements contained following summary of proposed CMS Paperwork Reduction Act Reports in the above noted regulation sections. collections for public comment. Clearance Officer, Office of Strategic These requirements are designed to Interested persons are invited to send Operations and Regulatory Affairs, ensure that each supplier has a properly comments regarding this burden Regulations Development Group. trained staff to provide the appropriate estimate or any other aspect of this [FR Doc. 05–2659 Filed 2–10–05; 8:45 am] type and level of care, as well as a safe collection of information, including any BILLING CODE 4120–03–P physical environment for patients. CMS of the following subjects: (1) The uses these conditions to certify portable necessity and utility of the proposed X-ray Suppliers wishing to participate information collection for the proper DEPARTMENT OF HEALTH AND in the Medicare program.; Form performance of the agency’s function; HUMAN SERVICES Number: CMS–R–43 (OMB#: 0938– (2) the accuracy of the estimated 0338); Frequency: Recordkeeping; burden; (3) ways to enhance the quality, Food and Drug Administration Affected Public: Business or other for- utility, and clarity of the information to [Docket No. 1998N–0046] profit and Not-for-profit institutions; be collected; and (4) the use of Number of Respondents: 602; Total automated collection techniques or Annual Comprehensive List of Annual Responses: 602; Total Annual other forms of information technology to Guidance Documents at the Food and Hours: 1,505. minimize the information collection Drug Administration; Correction burden. To obtain copies of the supporting AGENCY: Type of Information Collection Food and Drug Administration, statement and any related forms for the HHS. proposed paperwork collections Request: New Collection; Title of ACTION: Notice; correction. referenced above, access CMS’ Web site Information Collection: Evaluation of Medicare Disease Management address at http://www.cms.hhs.gov/ SUMMARY: The Food and Drug Demonstrations; Form No.: CMS–10131 regulations/pra/, or E-mail your request, Administration (FDA) is correcting a (OMB# 0938–NEW); Use: CMS including your address, phone number, notice that appeared in the Federal contracted with Mathematica Policy OMB number, and CMS document Register of January 5, 2005 (70 FR 824). Research, Inc. for the evaluation of identifier, to [email protected], The document provided the agency’s programs and disease management. The or call the Reports Clearance Office on annual comprehensive list of guidance purpose of the patient survey is to (410) 786–1326. documents. The list provided assess the impact of disease Written comments and information on current guidance management and prescription drug recommendations for the proposed documents and those that have been benefits (the latter in 3 of the sites) on information collections must be mailed withdrawn. The document was patient’s health and functioning status, within 60 days of this notice directly to published with some inadvertent errors. care satisfaction, health behaviors and the CMS Paperwork Reduction Act This document corrects those errors. knowledge of condition. Data from the Reports Clearance Officer designated at physician survey will be used to assess FOR FURTHER INFORMATION CONTACT: the address below: CMS, Office of physician satisfaction with disease Joyce Strong, Office of Policy (HF–27), Strategic Operations and Regulatory management services, their perceptions Food and Drug Administration, 5600 Affairs, Division of Regulations of the impact of disease management on Fishers Lane, Rockville, MD 20857, Development, Attention: Melissa patient outcomes, education, and 301–827–7010. Musotto, Room C5–14–03, 7500 service use, and on their own practice SUPPLEMENTARY INFORMATION: In FR Doc. Security Boulevard, Baltimore, and office workload.; Frequency: On 05–155, appearing on page 824 in the Maryland 21244–1850. Occasion; Affected Public: Individuals Federal Register of Wednesday, January Dated: February 3, 2005. or households, Business or other for- 5, 2005, the following corrections are John P. Burke, III, profit; Number of Respondents: 5000; made: CMS Paperwork Reduction Act Reports Total Annual Responses: 2500; Total 1. On page 867, in the list, under the Clearance Officer, Office of Strategic Annual Hours: 1625. heading ‘‘Guidance Documents Issued Operations and Regulatory Affairs, To obtain copies of the supporting by CDRH—Continued,’’ the entire entry Regulations Development Group. statement and any related forms for the is removed for the document entitled [FR Doc. 05–2658 Filed 2–10–05; 8:45 am] proposed paperwork collections ‘‘Review of 510(k)s for Computer BILLING CODE 4120–03–P referenced above, access CMS Web site Controlled Medical Devices (blue book
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memo #K91–1)’’ and for the document DATES: Submit written or electronic States, and includes input from both entitled ‘‘FDA Policy for The Regulation comments at any time. regulatory and industry representatives. of Computer Products; Draft.’’ These ADDRESSES: Submit written requests for The VICH Steering Committee is two guidance documents were listed in single copies of the guidance to the composed of member representatives error as both current and withdrawn. Communications Staff (HFV–12), Center from the European Commission, These guidances have been withdrawn for Veterinary Medicine (CVM), Food European Medicines Evaluation Agency, by the agency. and Drug Administration, 7519 Standish European Federation of Animal Health, 2. On page 894, in the list, under the Pl., Rockville, MD 20855. Send one self- Committee on Veterinary Medicinal heading ‘‘Guidance Documents Issued addressed adhesive label to assist that Products, the U.S. FDA, the U.S. by CFSAN,’’ the entire entry is removed office in processing your requests. See Department of Agriculture, the Animal Health Institute, the Japanese Veterinary for the document entitled the SUPPLEMENTARY INFORMATION section ‘‘Investigations Operations Manual’’ and for electronic access to the guidance Pharmaceutical Association, the for the document entitled ‘‘Regulatory document. Japanese Association of Veterinary Biologics, and the Japanese Ministry of Procedures Manual.’’ These two Submit written comments on the Agriculture, Forestry and Fisheries. guidance documents were listed as guidance to the Division of Dockets being issued by the Center for Food Four observers are eligible to Management (HFA–305), Food and Drug participate in the VICH Steering Safety and Applied Nutrition in error. Administration, 5630 Fishers Lane, rm. They can be found in the list of Committee: One representative from the 1061, Rockville, MD 20852. Submit government of Australia/New Zealand, guidance documents issued by the electronic comments to http:// Office of Regulatory Affairs. one representative from the industry in www.fda.gov/dockets/ecomments. Australia/ New Zealand, one Dated: February 3, 2005. Comments should be identified with the representative from the government of Jeffrey Shuren, full title of the guidance and the docket Canada, and one representative from the Assistant Commissioner for Policy. number found in brackets in the industry of Canada. The VICH [FR Doc. 05–2642 Filed 2–10–05; 8:45 am] heading of this document. Secretariat, which coordinates the BILLING CODE 4160–01–S FOR FURTHER INFORMATION CONTACT: preparation of documentation, is Louis T. Mulligan, Center for Veterinary provided by the International Medicine (HFV–153), Food and Drug Federation for Animal Health (IFAH). DEPARTMENT OF HEALTH AND Administration, 7500 Standish Pl., An IFAH representative also HUMAN SERVICES Rockville, MD 20855, 301–827–6984, e- participates in the VICH Steering mail: [email protected]. Committee meetings. Food and Drug Administration SUPPLEMENTARY INFORMATION: II. Guidance on Microbiological Acceptable Daily Intake [Docket No. 2003D–0474] I. Background In the Federal Register of November International Cooperation on 13, 2003 (68 FR 64354), FDA published Harmonisation of Technical In recent years, many important the notice of availability of the VICH Requirements for Registration of initiatives have been undertaken by draft guidance, giving interested persons Veterinary Medicinal Products (VICH); regulatory authorities and industry until December 15, 2003, to submit Final Guidance for Industry on Studies associations to promote the comments. After consideration of to Evaluate the Safety of Residues of international harmonization of comments received, the draft guidance Veterinary Drugs in Human Food: regulatory requirements. FDA has was changed in response to the General Approach to Establish a participated in efforts to enhance comments and submitted to the VICH Microbiological ADI (VICH GL–36); harmonization and has expressed its Steering Committee. At a meeting held Availability commitment to seek scientifically based on May 3, 2004, the VICH Steering harmonized technical procedures for the Committee endorsed the final guidance AGENCY: Food and Drug Administration, development of pharmaceutical for industry (VICH GL–36). This VICH HHS. products. One of the goals of guidance provides guidance for ACTION: Notice. harmonization is to identify and then assessing the human food safety of reduce differences in technical residues from veterinary antimicrobial SUMMARY: The Food and Drug requirements for drug development drugs with regard to effects on the Administration (FDA) is announcing the among regulatory agencies in different human intestinal flora. The objectives of availability of a guidance document for countries. this guidance are: (1) To outline the industry (#159) entitled ‘‘Studies to FDA has actively participated in the recommended steps in determining the Evaluate the Safety of Residues of International Conference on need for establishing a microbiological Veterinary Drugs in Human Food: Harmonisation of Technical acceptable daily intake (ADI); (2) to General Approach to Establish a Requirements for Approval of recommend test systems and methods Microbiological ADI’’ (VICH GL36). This Pharmaceuticals for Human Use for for determining no-observable adverse guidance has been developed for several years to develop harmonized effect concentrations (NOAECs) and no- veterinary use by the International technical requirements for the approval observable adverse effect levels Cooperation on Harmonisation of of human pharmaceutical and biological (NOAELs) for the endpoints of health Technical Requirements for Registration products among the European Union, concern; and (3) to recommend a of Veterinary Medicinal Products Japan, and the United States. The VICH procedure to derive a microbiological (VICH). This VICH guidance document is a parallel initiative for veterinary ADI. It is recognized that different tests provides guidance for assessing the medicinal products. The VICH is may be useful. The experience gained human food safety of residues from concerned with developing harmonized with the recommended tests may result veterinary antimicrobial drugs with technical requirements for the approval in future modifications to this guidance regard to effects on the human intestinal of veterinary medicinal products in the and its recommendations. Information flora. European Union, Japan, and the United collection is covered under Office of
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Management and Budget (OMB) control DEPARTMENT OF HEALTH AND Any interested person may file written number 0910–0032. HUMAN SERVICES comments with the committee by forwarding the statement to the Contact Person listed on III. Significance of Guidance National Institutes of Health this notice. The statement should include the This document, developed under the name, address, telephone number and when National Cancer Institute; Notice of applicable, the business or professional VICH process, has been revised to affiliation of the interested person. conform to FDA’s good guidance Meeting In the interest of security, NIH has practices regulation (21 CFR 10.115). Pursuant to section 10(d) of the instituted stringent procedures for entrance For example, the document has been Federal Advisory Committee Act, as into the building by non-government designated ‘‘guidance’’ rather than employees. Persons without a government amended (5 U.S.C. Appendix 2), notice I.D. will need to show a photo I.D. and sign- ‘‘guideline.’’ Because guidance is hereby given of a meeting of the documents are not binding, mandatory in at the security desk upon entering the Board of Scientific Counselors, National building. words such as ‘‘must,’’ ‘‘shall,’’ and Cancer Institute. ‘‘will’’ in the original VICH document (Catalogue of Federal Domestic Assistance The meeting will be open to the Program Nos. 93.392, Cancer Construction; have been substituted with ‘‘should.’’ public as indicated below, with Similarly, words such as ‘‘require’’ or 93.393, Cancer Cause and Prevention attendance limited to space available. Research; 93.394, Cancer Detection and ‘‘requirement’’ have been replaced by Individuals who plan to attend and Diagnosis Research; 93.395, Cancer ‘‘recommend’’ or ‘‘recommendation’’ as need special assistance, such as sign Treatment Research; 93.396, Cancer Biology appropriate to the context. language interpretation or other Research; 93.397, Cancer Centers Support; The VICH guidance (#159) is reasonable accommodations, should 93.398, Cancer Research Manpower; 93.399, consistent with the agency’s current Cancer Control, National Institutes of Health, notify the Contact Person listed below thinking on the subject matter. This HHS) in advance of the meeting. guidance does not create or confer any The meeting will be closed to the Dated: February 4, 2005. rights for or on any person and will not public as indicated below in accordance LaVerne Y. Stringfield, operate to bind FDA or the public. An with the provisions set forth in section Director, Office of Federal Advisory alternative method may be used as long 552b(c)(6), Title 5 U.S.C., as amended Committee Policy. as it satisfies the requirements of for the review, discussion, and [FR Doc. 05–2645 Filed 2–10–05; 8:45 am] applicable statutes and regulations. evaluation of individual intramural BILLING CODE 4140–01–M IV. Comments programs and projects conducted by the As with all of FDA’s guidances, the National Cancer Institute, including consideration of personnel DEPARTMENT OF HEALTH AND public is encouraged to submit written HUMAN SERVICES or electronic comments pertinent to this qualifications and performance, and the competence of individual investigators, guidance. FDA will periodically review National Institutes of Health the comments in the docket and, where the disclosure of which would appropriate, will amend the guidance. constitute a clearly unwarranted National Cancer Institute; Notice of The agency will notify the public of any invasion of personal privacy. Closed Meeting such amendments through a notice in Name of Committee: Board of Scientific Pursuant to section 10(d) of the the Federal Register. Counselors, National Cancer Institute, Interested persons may submit to the Subcommittee 1—Clinical Sciences and Federal Advisory Committee Act, as Division of Dockets Management (see Epidemiology. amended (5 U.S.C. Appendix 2), notice Date: March 7–8, 2005. is hereby given of the following ADDRESSES) written or electronic Open: March 7, 2005, 8:30 a.m. to 10:45 comments regarding this document. meeting. a.m. The meeting will be closed to the Submit a single copy of electronic Agenda: Joint Session of NCI, Board of public in accordance with the comments or two paper copies of any Scientific Advisors and BSC Subcommittees. provisions set forth in sections mailed comments, except that Place: National Institutes of Health, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., individuals may submit one paper copy. National Cancer Institute, 9000 Rockville as amended. The grant applications Comments are to be identified with the Pike, Building 31, Conference Room 10, and/or contract proposals and the docket number found in brackets in the Bethesda, MD 20892. discussions could disclose confidential heading of this document. Received Closed: March 7, 2005, 10:45 a.m. to 4:30 trade secrets or commercial property comments may be seen in the Division p.m. Agenda: To review and evaluate personal such as patentable material, and of Dockets Management between 9 a.m. qualifications and performance, and personal information concerning and 4 p.m., Monday through Friday. competence of individual investigators. individuals associated with the grant V. Electronic Access Place: National Institutes of Health, applications and/or contract proposals, National Cancer Institute, 9000 Rockville the disclosure of which would Copies of the guidance document Pike, Building 31, Conference Room 6, entitled ‘‘Studies to Evaluate the Safety Bethesda, MD 20892. constitute a clearly unwarranted of Residues of Veterinary Drugs in Closed: March 8, 2005, 8 a.m. to 12:45 p.m. invasion of personal privacy. Human Food: General Approach to Agenda: To review and evaluate personal Name of Committee: National Cancer Establish a Microbiological ADI’’ (VICH qualifications and performance, and Institute Special Emphasis Panel; CA05–018: GL–36) may be obtained on the Internet competence of individual investigators. CISNET. Place: Holiday Inn Bethesda, Versailles IV, from the CVM home page at http:// Date: March 4, 2005. 8120 Wisconsin Avenue, Bethesda, MD Time: 8 a.m. to 5 p.m. www.fda.gov/cvm. 20814. Agenda: To review and evaluate grant Dated: February 3, 2005. Contact Person: Brian E. Wojcik, PhD, applications. Jeffrey Shuren, Senior Review Administrator, Institute Place: Marriott Bethesda North, 5701 Review Office, Office of the Director, Marinelli Road, North Bethesda, MD 20852. Assistant Commissioner for Policy. National Cancer Institute, 6116 Executive Contact Person: C. Michael Kerwin, PhD, [FR Doc. 05–2643 Filed 2–10–05; 8:45 am] Boulevard, Room 2114, Bethesda, MD 20892, MPH, Scientific Review Administrator, BILLING CODE 4160–01–S (301) 496–7628, [email protected]. Special Review and Logistics Branch,
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Division Of Extramural Activities, National Contact Person: Harold L. Watson, PhD, Contact Person: Harold L. Watson, PhD, Cancer Institute, National Institutes Of Scientific Review Administrator, Office of Scientific Review Administrator, Office of Health, 6116 Executive Boulevard, Room Review, NCRR, National Institutes of Health, Review, NCRR, National Institutes of Health, 8057, MSC 8329, Bethesda, MD 20892–8329, 6701 Democracy Boulevard, 1 Democracy 6701 Democracy Boulevard, Room 1070, (301) 496–7421, [email protected]. Plaza, Room 1070, MSC 4874, Bethesda, MD MSC 4874, Bethesda, MD 20892–4874. (301) 20892–4874, (301) 435–0813, 435–0813. [email protected]. (Catalogue of Federal Domestic Assistance [email protected]. Program Nos. 93.392, Cancer Construction; (Catalogue of Federal Domestic Assistance 93.393, Cancer Cause and Prevention (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; Research; 93.394, Cancer Detection and Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research; 93.371, Biomedical Diagnosis Research; 93.395, Cancer 93.333, Clinical Research; 93.371, Biomedical Technology; 93.389, Research Infrastructure, Treatment Research; 93.396, Cancer Biology Technology; 93.389, Research Infrastructure, 93.306, 93.333, National Institutes of Health, Research; 93.397, Cancer Centers Support; 93.306, 93.333, National Institutes of Health, HHS) 93.398, Cancer Research Manpower; 93.399, HHS) Dated: February 4, 2005. Cancer Control, National Institutes of Health, Dated: February 4, 2005. LaVerne Y. Stringfield, HHS) LaVerne Y. Stringfield, Director, Office of Federal Advisory Dated: February 4, 2005. Director, Office of Federal Advisory Committee Policy. LaVerne Y. Stringfield, Committee Policy. [FR Doc. 05–2650 Filed 2–10–05; 8:45 am] Director, Office of Federal Advisory [FR Doc. 05–2647 Filed 2–10–05; 8:45 am] BILLING CODE 4140–01–M Committee Policy. BILLING CODE 4140–01–M [FR Doc. 05–2646 Filed 2–10–05; 8:45 am] BILLING CODE 4140–01–M DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND HUMAN SERVICES HUMAN SERVICES DEPARTMENT OF HEALTH AND National Institutes of Health HUMAN SERVICES National Institutes of Health National Center for Research National Institutes of Health National Center for Research Resources; Notice of Closed Meetings Resources; Notice of Meeting National Center for Research Pursuant to section 10(d) of the Resources; Notice of Closed Meetings Pursuant to section 10(d) of the Federal Advisory Committee Act, as Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice Pursuant to section 10(d) of the amended (5 U.S.C. Appendix 2), notice is hereby given of the following Federal Advisory Committee Act, as is hereby given of the following meetings. amended (5 U.S.C. Appendix 2), notice meeting. The meetings will be closed to the is hereby given of the following The meeting will be open to the public in accordance with the meetings. public as indicated below, with provisions set forth in sections The meetings will be closed to the attendance limited to space available. 552b(c)(4) and 552b(c)(6), title 5 U.S.C., public in accordance with the Individuals who plan to attend and as amended. The grant applications and provisions set forth in sections need special assistance, such as sign the discussions could disclose 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., language interpretation or other confidential trade secrets or commercial as amended. The grant applications and reasonable accommodations, should property such as patentable material, the discussions could disclose notify the Contact Person listed below and personal information concerning confidential trade secrets or commercial in advance of the meeting. individuals associated with the grant property such as patentable material, The meeting will be closed to the applications, the disclosure of which and personal information concerning public in accordance with the would constitute a clearly unwarranted individuals associated with the grant provisions set forth in sections invasion of personal privacy. applications, the disclosure of which 552b(c)(4) and 552b(c)(6), title 5 U.S.C., would constitute a clearly unwarranted Name of Committee: National Center for as amended. The grant applications and Research Resources Special Emphasis Panel, invasion of personal privacy. the discussions could disclose Scientific and Technical Review Board. Name of Committee: National Center for confidential trade secrets or commercial Date: March 24, 2005. Research Resources Special Emphasis Panel. property such as patentable material, Time: 9 a.m. to adjournment. Date: March 16, 2005. and personal information concerning Agenda: To review and evaluate grant Time: 8 a.m. to Adjournment. individuals associated with the grant applications. Agenda: To review and evaluate grant applications, the disclosure of which Place: Office of Review, Bethesda, MD applications. would constitute a clearly unwarranted 20892. (Telephone conference call.) Place: Double Tree Hotel, Rockville; 1750 Contact Person: Sheryl K. Brining, PhD, Rockville Pike, Rockville, MD 20852. invasion of personal privacy. Director, Office of Review, NCRR, National Contact Person: Harold L. Watson, PhD, Name of Committee: National Center for Institutes of Health, 6701 Democracy Blvd, 1 Scientific Review Administrator, Office of Research Resources Initial Review Group, Democracy Plaza, Room 1074, MSC 4874, Review, NCRR, National Institutes of Health, Research Centers in Minority Institutions Bethesda, MD 20892–4874. (301) 435–0809. 6701 Democracy Blvd., Room 1078, Review Committee. [email protected]. Bethesda, MD 20892, (301) 435–0813, Date: March 15, 2005. Name of Committee: National Center for [email protected]. Open: 8 a.m. to 9 a.m. Research Resources Special Emphasis Panel. Name of Committee: National Center for Agenda: To discuss program planning and Date: May 24–25, 2005. Research Resources Special Emphasis Panel. other matters. Closed: May 24, 2005, 8 a.m. to Date: April 4, 2005. Place: Double Tree Hotel, Rockville, 1750 adjournment. Time: 8 a.m. to Adjournment. Rockville Pike, Rockville, MD 20852. Agenda: To review and evaluate grant Agenda: To review and evaluate grant Closed: 9 a.m. to adjournment. applications. applications. Agenda: To review and evaluate grant Place: Double Tree Hotel, Rockville, 1750 Place: NCRR, OR, 6701 Democracy Blvd., applications. Rockville Pike, Rockville, MD 20852. Rockville, MD 20892 (Telephone Conference Place: DoubleTree Hotel, 1750 Rockville Contact Person: Carol Lambert, PhD, Call). Pike, Rockville, MD 20852. Scientific Review Administrator, Office of
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Review, National Center for Research Closed: 7 p.m. to 9:30 p.m. The meetings will be closed to the Resources, National Institute of Health, 6701 Agenda: Program Planning. public in accordance with the Democracy Boulevard, 1 Democracy Plaza, Place: Hyatt Regency Bethesda, One provisions set forth in sections Room 1076, Bethesda, MD 20892–4874. (301) Bethesda Metro Center, 7400 Wisconsin 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 435–0814. [email protected]. Avenue, Bethesda, MD 20814. as amended. The grant applications and (Catalogue of Federal Domestic Assistance Contact Person: Lore Anne McNicol, PhD, Director, Division of Extramural Research, the discussions could disclose Program Nos. 93.306, Comparative Medicine; confidential trade secrets or commercial 93.333, Clinical Research; 93.371, Biomedical National Eye Institute, National Institutes of Technology; 93.389, Research Infrastructure, Health, Bethesda, MD 20892. property such as patentable material, 93.306, 93.333, National Institutes of Health, This notice is being published less than 15 and personal information concerning HHS.) days prior to the meeting due to the timing individuals associated with the grant limitations imposed by the review and applications, the disclosure of which Dated: February 4, 2005. funding cycle. would constitute a clearly unwarranted LaVerne Y. Stringfield, Information is also available on the invasion of personal privacy. Director, Office of Federal Advisory Institute’s/Center’s home page: http:// Committee Policy. www.nei.nih.gov, where an agenda and any Name of Committee: National Institute on [FR Doc. 05–2651 Filed 2–10–05; 8:45 am] additional information for the meeting will Drug Abuse Special Emphasis Panel, Member be posted when available. Conflict. BILLING CODE 4140–01–M (Catalogue of Federal Domestic Assistance Date: March 1–2, 2005. Program Nos. 93.867, Vision Research, Time: 3 p.m. to 1 p.m. DEPARTMENT OF HEALTH AND National Institutes of Health, HHS) Agenda: To review and evaluate grant HUMAN SERVICES Dated: February 4, 2005. applications. Place: Hyatt Regency Bethesda, One LaVerne Y. Stringfield, National Institutes of Health Bethesda Metro Center, 7400 Wisconsin Director, Office of Federal Advisory Avenue, Bethesda, MD 20814. National Eye Institute; Notice of Committee Policy. Contact Person: Rita Liu, PhD, Associate Meeting [FR Doc. 05–2652 Filed 2–10ndash;05; 8:45 Director, OEA, Office of Extramural Affairs, am] National Institute on Drug Abuse, NIH, Pursuant to section 10(d) of the BILLING CODE 4140–01–M′ DHHS, Room 212, MSC 8401, 6101 Executive Federal Advisory Committee Act, as Boulevard, Bethesda, MD 20892–8401, (301) amended (5 U.S.C. Appendix 2), notice 435–1388. DEPARTMENT OF HEALTH AND is hereby given of a meeting of the Name of Committee: National Institute on HUMAN SERVICES National Advisory Eye Council. Drug Abuse Special Emphasis Panel, Member The meeting will be opened to the National Institutes of Health Conflict Meeting. public as indicated below, with Date: March 9, 2005. attendance limited to space available. Time: 3 p.m. to 4 p.m. Individuals who plan to attend and National Heart, Lung, and Blood Institute; Amended Notice of Meeting Agenda: To review and evaluate grant need special assistance, such as sign applications. language interpretation or other Notice is hereby given of a change in Place: Residence Inn Bethesda, 7335 reasonable accommodations, should the meeting of the Clinical Trials Wisconsin Avenue, Bethesda, MD 20814. notify the Contact Person listed below Review Committee, February 28, 2005, 8 Contact Person: Mark Swieter, PhD, Health in advance of the meeting. a.m. to March 2, 2005, 5 p.m., Sheraton Scientist Administrator, Office of Extramural The meeting will be closed to the Inner Harbor Hotel, 300 South Charles Affairs, National Institute on Drug Abuse, public in accordance with the Street, Baltimore, MD 21201 which was National Institutes of Health, DHHS, 6101 provisions set forth in sections published in the Federal Register on Executive Boulevard, Suite 220, Bethesda, 552b(c)(4) and 552b(c)(6), title 5 U.S.C., February 1, 2005, FR70:5191. MD 20892–8401, (301) 435–1389, as amended. The grant applications and The meeting will start on February 27 [email protected]. the discussions could disclose at 6 p.m. and continue through March Name of Committee: National Institute on confidential trade secrets or commercial 1, 2005. The meeting is closed to the Drug Abuse Special Emphasis Panel, Member property such as patentable material, public. Conflict Meeting. and personal information concerning Dated: February 4, 2005. Date: March 9, 2005. individuals associated with the grant Time: 4 p.m. to 5 p.m. LaVerne Y. Stringfield, applications, the disclosure of which Agenda: To review and evaluate grant would constitute a clearly unwarranted Director, Office of Federal Advisory applications. invasion of personal privacy. Committee Policy. Place: Residence Inn Bethesda, 7335 [FR Doc. 05–2656 Filed 2–10–05; 8:45 am] Wisconsin Avenue, Bethesda, MD 20814. Name of Committee: National Advisory BILLING CODE 4140–01–M Eye Council. Contact Person: Mark Swieter, PhD, Health Date: February 28, 2005. Scientist Administrator, Office of Extramural Time: 10 a.m. to 12 p.m. Affairs, National Institute on Drug Abuse, Agenda: Following opening remarks by the DEPARTMENT OF HEALTH AND National Institutes of Health, DHHS, 6101 Director, NEI, there will be presentations by HUMAN SERVICES Executive Boulevard, Suite 220, Bethesda, the staff of the Institute and discussions MD 20892–8401, (301) 435–1389, concerning Institute programs and policies. National Institutes of Health [email protected]. Place: Hyatt Regency Bethesda, One (Catalogue of Federal Domestic Assistance Bethesda Metro Center, 7400 Wisconsin National Institute on Drug Abuse; Avenue, Bethesda, MD 20814. Notice of Closed Meetings Program Nos. 93.277, Drug Abuse Scientist Closed: 1:30 p.m. to 5 p.m. Development Award for Clinicians, Scientist Agenda: To review and evaluate grant Pursuant to section 10(d) of the Development Awards, and Research Scientist applications. Federal Advisory Committee Act, as Awards; 93.278, Drug Abuse National Place: Hyatt Regency Bethesda, One amended (5 U.S.C. Appendix 2), notice Research Service Awards for Research Bethesda Metro Center, 7400 Wisconsin is hereby given of the following Training; 93.279, Drug Abuse Research Avenue, Bethesda, MD 20814. meetings. Programs, National Institutes of Health, HHS)
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Dated: February 4, 2005. Factors Analysis in Virtual Reality (VR) for Institutes of Health, Room 754, 6707 LaVerne Y. Stringfield, Burn Treatment. Democracy Boulevard, Bethesda, MD 20892. (301) 402–7172. Director, Office of Federal Advisory Date: March 16, 2005. [email protected],gov. Committee Policy. Time: 1:30 p.m. to 3 p.m. Agenda: To review and evaluate contract [FR Doc. 05–2648 Filed 2–10–05; 8:45 am] (Catalogue of Federal Domestic Assistance proposals. Program Nos. 93.847, Diabetes, BILLING CODE 4140–01–M Place: National Institutes of Health, 6101 Endocrinology and Metabolic Research; Executive Boulevard, Rockville, MD 20852. 93.848, Digestive Diseases and Nutrition (Telephone conference call.) Research; 93.849, Kidney Diseases, Urology DEPARTMENT OF HEALTH AND Contact Person: Eric Zatman, Contract and Hematology Research, National Institutes HUMAN SERVICES Review Specialist, Office of Extramural of Health, HHS) Affairs, National Institute on Drug Abuse, National Institutes of Health NIH, DHHS, Room 220, MSC 8401, 6101 Dated: February 4, 2005. Executive Boulevard, Bethesda, MD 20892– LaVerne Y. Stringfield, National Institute on Drug Abuse; 8401. (301) 435–1438. Director, Office of Federal Advisory Notice of Closed Meetings (Catalogue of Federal Domestic Assistance Committee Policy. Program Nos. 93.277, Drug Abuse Scientist [FR Doc. 05–2653 Filed 2–10–05; 8:45 am] Pursuant to section 10(d) of the Development Award for Clinicians, Scientist BILLING CODE 4140–01–M Federal Advisory Committee Act, as Development Awards, and Research Scientist amended (5 U.S.C. Appendix 2), notice Awards; 93.278, Drug Abuse National is hereby given of the following Research Service Awards for Research DEPARTMENT OF HEALTH AND Training; 93.279, Drug Abuse Research meetings. HUMAN SERVICES The meetings will be closed to the Programs, National Institutes of Health, HHS.) public in accordance with the National Institutes of Health provisions set forth in sections Dated: February 4, 2005. 552b(c)(4) and 552b(c)(6), title 5 U.S.C., LaVerne Y. Stringfield, National Institute of Environmental as amended. The contract proposals and Director, Office of Federal Advisory Health Sciences; Notice of Closed the discussions could disclose Committee Policy. Meetings confidential trade secrets or commercial [FR Doc. 05–2649 Filed 2–10–05; 8:45 am] Pursuant to section 10(d) of the property such as patentable material, BILLING CODE 4140–01–M and personal information concerning Federal Advisory Committee Act, as individuals associated with the contract amended (5 U.S.C. Appendix 2), notice is hereby given of the following proposals, the disclosure of which DEPARTMENT OF HEALTH AND would constitute a clearly unwarranted meeting. HUMAN SERVICES The meeting will be closed to the invasion of personal privacy. National Institutes of Health public in accordance with the Name of Committee: National Institute on provisions set forth in sections Drug Abuse Special Emphasis Panel, SBIR— 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., ‘‘Microarray Data Warehouse for Addiction National Institute of Diabetes and Research’’. Digestive and Kidney Diseases; Notice as amended. The grant applications and Date: February 24, 2005. of Closed Meeting the discussions could disclose Time: 1:30 p.m. to 3 p.m. confidential trade secrets or commercial Agenda: To review and evaluate contract Pursuant to section 10(d) of the property such as patentable material, proposals. Federal Advisory Committee Act, as and personal information concerning Place: National Institutes of Health, 6101 amended (5 U.S.C. Appendix 2), notice individuals associated with the grant Executive Boulevard, Rockville, MD 20852. is hereby given of the following applications, the disclosure of which (Telephone conference call.) meeting. would constitute a clearly unwarranted Contact Person: Eric Zatman, Contract The meeting will be closed to the invasion of personal privacy. Review Specialist, Office of Extramural public in accordance with the Affairs, National Institute on Drug Abuse, provisions set forth in sections Name of Committee: National Institute of NIH, DHHS, Room 220, MSC 8401, 6101 552b(c)(4) and 552b(c)(6), title 5 U.S.C., Environmental Health Sciences Special Executive Boulevard, Bethesda, MD 20892– Emphasis Panel Advanced Research 8401. (301) 435–1438. as amended. The grant applications and Cooperation for Environmental Health This notice is being published less than 15 the discussions could disclose (ARCH) RFA ES–04–009 days prior to the meeting due to the timing confidential trade secrets or commercial Date: March 16–18, 2005. limitations imposed by the review and property such as patentable material, Time: 8:30 a.m. to 5 p.m. funding cycle. and personal information concerning Agenda: To review and evaluate grant Name of Committee: National Institute on individuals associated with the grant applications. Drug Abuse Special Emphasis Panel, SBIR— applications, the disclosure of which Place: Hawthorn Suites Hotel, 300 ‘‘Develop Research Training Modules for would constitute a clearly unwarranted Meredith Drive, Research Triangle Park, NC International Application’’. 27713. Date: March 1, 2005. invasion of personal privacy. Contact Person: Leroy Worth, PhD, Time: 9 a.m. to 3 p.m. Name of Committee: National Institute of Scientific Review Administrator, Scientific Agenda: To review and evaluate contract Diabetes and Digestive and Kidney Diseases Review Branch, Division of Extramural proposals. Special Emphasis Panel, Nutrition and Research and Training, Nat. Institute of Place: Residence Inn Bethesda, 7335 Gastroenterology. Environmental Health Sciences, P.O. Box Wisconsin Avenue, Bethesda, MD 20814. Date: March 8, 2005. 12233, MD EC–30/Room 3171, Research Contact Person: Lyle Furr, Contract Review Time: 8 a.m. to 5 p.m. Triangle Park, NC 27709, (919) 541–0670, Specialist, Office of Extramural Affairs, Agenda: To review and evaluate grant [email protected]. National Institute on Drug Abuse, NIH, applications. This notice is being published less than 15 DHHS, Room 220, MSC 8401, 6101 Executive Place: Bethesda Marriott Suites, 6711 days prior to the meeting due to the timing Boulevard, Bethesda, MD 20892–8401. (301) Democracy Boulevard, Bethesda, MD 20817. limitations imposed by the review and 435–1439. Contact Person: Barbara A. Woynarowska, funding cycle. Name of Committee: National Institute on PhD, Scientific Review Administrator, (Catalogue of Federal Domestic Assistance Drug Abuse Special Emphasis Panel, Human Review Branch, DEA, NIDDK, National Program Nos. 93.115, Biometry and Risk
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Estimation—Health Risks from Development in the Environmental Health MSC 7818, Bethesda, MD 20892, (301) 435– Environmental Exposures; 93.142, NIEHS Sciences; 93.113, Biological Response to 2359, [email protected]. Hazardous Waste Worker Health and Safety Environmental Health Hazards; 93.114, This notice is being published less than 15 Training; 93.143, NIEHS Superfund Applied Toxicological Research and Testing, days prior to the meeting due to the timing Hazardous Substances—Basic Research and National Institutes of Health, HHS) limitations imposed by the review and Education; 93.894, Resources and Manpower Dated: February 4, 2005. funding cycle. Development in the Environmental Health LaVerne Y. Stringfield, Name of Committee: Center for Scientific Sciences; 93.113, Biological Response to Review Special Emphasis Panel, Software Environmental Health Hazards; 93.114, Director, Office of Federal Advisory Development and Maintenance. Applied Toxicological Research and Testing, Committee Policy. Date: February 18, 2005. National Institutes of Health, HHS) [FR Doc. 05–2655 Filed 2–10–05; 8:45 am] Time: 8:30 a.m. to 5 p.m. Dated: February 4, 2005. BILLING CODE 4140–01–M Agenda: To review and evaluate grant LaVerne Y. Stringfield, applications. Place: Bethesda Marriott Suites, 6711 Director, Office of Federal Advisory Democracy Boulevard, Bethesda, MD 20817. Committee Policy. DEPARTMENT OF HEALTH AND HUMAN SERVICES Contact Person: Marc Rigas, PhD, Scientific [FR Doc. 05–2654 Filed 2–10–05; 8:45 am] Review Administrator, Center for Scientific BILLING CODE 440–01–M National Institutes of Health Review, National Institutes of Health, 6701 Rockledge Drive, Room 4194, MSC 7826, Center For Scientific Review; Notice of Bethesda, MD 20892, (301) 402–1074, DEPARTMENT OF HEALTH AND Closed Meetings [email protected]. HUMAN SERVICES This notice is being published less than 15 Pursuant to section 10(d) of the days prior to the meeting due to the timing National Institutes of Health Federal Advisory Committee Act, as limitations imposed by the review and amended (5 U.S.C. Appendix 2), notice funding cycle. National Institute of Environmental is hereby given of the following Name of Committee: Center for Scientific Health Sciences; Notice of Closed meetings. Review Special Emphasis Panel, Basic Aging. Meeting The meetings will be closed to the Date: February 22–23, 2005. Time: 8 a.m. to 5 p.m. Pursuant to section 10(d) of the public in accordance with the Agenda: To review and evaluate grant Federal Advisory Committee Act, as provisions set forth in sections applications. amended (5 U.S.C. Appendix 2), notice 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Place: Hyatt Regency Bethesda, One is hereby given of the following as amended. The grant applications and Bethesda Metro Center, 7400 Wisconsin meeting. the discussions could disclose Avenue, Bethesda, MD 20814. The meeting will be closed to the confidential trade secrets or commercial Contact Person: James P. Harwood, PhD, property such as patentable material, Scientific Review Administrator, Center for public in accordance with the Scientific Review, National Institutes of provisions set forth in sections and personal information concerning individuals associated with the grant Health, 6701 Rockledge Drive, Room 5168, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., MSC 7843, Bethesda, MD 20892, (301) 435– as amended. The grant applications and applications, the disclosure of which 1256, [email protected]. the discussions could disclose would constitute a clearly unwarranted This notice is being published less than 15 confidential trade secrets or commercial invasion of personal privacy. days prior to the meeting due to the timing property such as patentable material, Name of Committee: Center for Scientific limitations imposed by the review and and personal information concerning Review Special Emphasis Panel, Member funding cycle. individuals associated with the grant Conflict in Speech Movement Physiology. Name of Committee: Molecular, Cellular applications, the disclosure of which Date: February 15, 2005. and Developmental Neuroscience Integrated would constitute a clearly unwarranted Time: 1 p.m. to 2 p.m. Review Group, Neurodifferentiation, Agenda: To review and evaluate grant Plasticity, and Regeneration Study Section. invasion of personal privacy. applications. Date: February 24–25, 2005. Name of Committee: National Institute of Place: One Washington Circle Hotel, One Time: 8 a.m. to 5 p.m. Environmental Health Sciences Special Washington Circle, Washington, DC 20037. Agenda: To review and evaluate grant Emphasis Panel Research Program Project Contact Person: Maribeth Champoux, PhD, applications. applications. Scientific Review Administrator, Center for Place: Hyatt Regency Bethesda, One Date: March 21–22, 2005. Scientific Review, National Institutes of Bethesda Metro Center, 7400 Wisconsin Time: 7 p.m. to 5 p.m. Health, 6701 Rockledge Drive, Room 3146, Avenue, Bethesda, MD 20814. Agenda: To review and evaluate grant MSC 7759, Bethesda, MD 20892, (301) 594– Contact Person: Joanne T. Fujii, PhD, applications. 3163, [email protected]. Scientific Review Administrator, Center for Place: Hawthorne Suites Hotel, 300 This notice is being published less than 15 Scientific Review, National Institutes of Meredith Drive, Research Triangle Park, NC days prior to the meeting due to the timing Health, 6701 Rockledge Drive, Room 5204, 27713. limitations imposed by the review and MSC 7850, Bethesda, MD 20892, (301) 435– Contact Person: Janice B. Allen, PhD, funding cycle. 1178, [email protected]. Scientific Review Administrator, Scientific Name of Committee: Center for Scientific Name of Committee: Center for Scientific Review Branch, Division of Extramural Review Special Emphasis Panel, Small Review Special Emphasis Panel, GGG R15 Research and Training, Nat. Institute of Business Respiratory Diseases. Grant Applications. Environmental Health Science, P.O. Box Date: February 16, 2005. Date: February 28, 2005. 12233, MD EC–30/Room 3170 B, Research Time: 8 a.m. to 5 p.m. Time: 1 p.m. to 3 p.m. Triangle Park, NC 27709. (919) 541– Agenda: To review and evaluate grant Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance applications. applications. Program Nos. 93.115, Biometry and Risk Place: Holiday Inn Georgetown, 2101 Place: National Institutes of Health, 6701 Estimation—Health Risks from Wisconsin Avenue, NW., Washington, DC Rockledge Drive, Bethesda, MD 20892, Environmental Exposures; 93.142, NIEHS 20007. (Telephone Conference Call). Hazardous Waste Worker Health and Safety Contact Person: Rass M. Shayiq, PhD, Contact Person: Michael M. Sveda, PhD, Training; 93.143, NIEHS Superfund Scientific Review Administrator, Center for Scientific Review Administrator, Center for Hazardous Substances—Basic Research and Scientific Review, National Institutes of Scientific Review, National Institutes of Education; 93.894, Resources and Manpower Health, 6701 Rockledge Drive, Room 2182, Health, 6701 Rockledge Drive, Room 5152,
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MSC 7842, Bethesda, MD 20892, (301) 435– Contact Person: Christine L. Melchior, Place: Hyatt Regency, One Bethesda Metro, 3565, [email protected]. PhD, Scientific Review Administrator, Center Bethesda, MD 20814. Name of Committee: Center for Scientific for Scientific Review, National Institutes of Contact Person: Richard Marcus, PhD, Review Special Emphasis Panel, Clinical Health, 6701 Rockledge Drive, Room 5176, Scientific Review Administrator, Center for Sensory Disorders. MSC 7844, Bethesda, MD 20892, (301) 435– Scientific Review, National Institutes of Date: February 28, 2005. 1713, [email protected]. Health, 6701 Rockledge Drive, Room 5168, Time: 12 p.m. to 2 p.m. Name of Committee: Center for Scientific MSC 7844, Bethesda, MD 20892, (301) 435– Agenda: To review and evaluate grant Review Special Emphasis Panel, Ataxia and 1245. [email protected]. applications. Neurodegeneration. Name of Committee: Center for Scientific Place: National Institutes of Health, 6701 Date: March 1, 2005. Review Special Emphasis Panel, Renal Rockledge Drive, Bethesda, MD 20892, Time: 1 p.m. to 2 p.m. Function and Hypertension. (Telephone Conference Call). Agenda: To review and evaluate grant Date: March 2, 2005. Contact Person: Bernard F. Driscoll, PhD, applications. Time: 10 a.m. to 11:30 a.m. Scientific Review Administrator, Center for Place: National Institutes of Health, 6701 Agenda: To review and evaluate grant Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892, applications. Health, 6701 Rockledge Drive, Room 5184, (Telephone Conference Call). Place: Latham Hotel, 3000 M Street, NW., MSC 7844, Bethesda, MD 20892, (301) 435– Contact Person: Toby Behar, PhD, Washington, DC 20007. 1242, [email protected]. Scientific Review Administrator, Center for Contact Person: Robert T. Su, PhD, Name of Committee: Cardiovascular Scientific Review, National Institutes of Scientific Review Administrator, Center for Sciences Integrated Review Group, Health, 6701 Rockledge Drive, Room 4136, Scientific Review, National Institutes of Hypertension and Microcirculation Study MSC 7850, Bethesda, MD 20892, (301) 435– Health, 6701 Rockledge Drive, Room 4134, Section. 4433, [email protected]. MSC 7802, Bethesda, MD 20892, (301) 435– Date: March 1–2, 2005. Name of Committee: Center for Scientific 1195, [email protected]. Time: 8 a.m. to 1 p.m. Review Special Emphasis Panel, Skin and Name of Committee: Center for Scientific Agenda: To review and evaluate grant Rheumatology. Review Special Emphasis Panel, ZRG1 DIG– applications. Date: March 1, 2005. F (02) Member Conflict: XNDA. Place: Latham Hotel, 3000 M Street, NW., Time: 2:30 p.m to 3 p.m. Date: March 2, 2005. Washington, DC 20007. Agenda: To review and evaluate grant Time: 11 a.m. to 1 p.m. Contact Person: Ai-Ping Zou, PhD, MD, applications. Agenda: To review and evaluate grant Scientific Review Administrator, Center for Place: National Institutes of Health, 6701 applications. Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892, Place: National Institutes of Health, 6701 Health, 6701 Rockledge Drive, Room 4118, (Telephone Conference Call). Rockledge Drive, Bethesda, MD 20892, MSC 7814, Bethesda, MD 20892, (301) 435– Contact Person: Aftab A. Ansari, PhD, (Telephone Conference Call). 1777, [email protected]. Scientific Review Administrator, Center for Contact Person: Rass M. Shayiq, PhD, Name of Committee: Musculoskeletal, Oral Scientific Review, National Institutes of Scientific Review Administrator, Center for and Skin Sciences Integrated Review Group, Health, 6701 Rockledge Drive, Room 4108, Scientific Review, National Institutes of Oral, Dental and Craniofacial Sciences Study MSC 7814, Bethesda, MD 20892, (301) 594– Health, 6701 Rockledge Drive, Room 2182, Section. 6376, [email protected]. MSC 7818, Bethesda, MD 20892, (301) 435– Date: March 1–2, 2005. Name of Committee: Center for Scientific 2359, [email protected]. Time: 8:30 a.m. to 3 p.m. Review Special Emphasis Panel, SBIB F 15B: Agenda: To review and evaluate grant Name of Committee: Center for Scientific applications. Small Business: Tactile Imaging. Review Special Emphasis Panel, Inner Ear, Place: The River Inn, 924 25th Street, NW., Date: March 1, 2005. Member Conflict. Washington, DC 20037. Time: 12 p.m. to 12:30 p.m. Date: March 2, 2005. Contact Person: J. Terrell Hoffeld, DDS, Agenda: To review and evaluate grant Time: 1 p.m. to 3 p.m. PhD, Dental Officer, USPHS, Center for applications. Agenda: To review and evaluate grant Scientific Review, National Institutes of Place: National Institutes of Health, 6701 applications. Health, 6701 Rockledge Drive, Room 4116, Rockledge Drive, Bethesda, MD 20892, Place: National Institutes of Health, 6701 MSC 7816, Bethesda, MD 20892, (301) 435– (Telephone Conference Call). Rockledge Drive, Bethesda, MD 20892, 1781, [email protected]. Contact Person: Robert J. Nordstrom, PhD, (Telephone Conference Call). Scientific Review Administrator, Center for Contact Person: Christine L. Melchoir, Name of Committee: Center for Scientific Scientific Review, National Institutes of PhD, Scientific Review Administrator, Center Review Special Emphasis Panel, Skin and Health, 6701 Rockledge Drive, Room 5118, for Scientific Review, National Institutes of Rheumatology. MSC 7854, Bethesda, MD 20892, (301) 435– Health, 6701 Rockledge Drive, Room 5176, Date: March 1, 2005. 1175, [email protected]. MSC 7844, Bethesda, MD 20892, (301) 435– Time: 1 p.m. to 2 p.m. Agenda: To review and evaluate grant Name of Committee: Center for Scientific 1713, [email protected]. applications. Review Special Emphasis Panel, Muscle. Name of Committee: Center for Scientific Place: National Institutes of Health, 6701 Date: March 2, 2005. Review Special Emphasis Panel, ZRG1 SBIB Rockledge Drive, Bethesda, MD 20892, Time: 8:30 a.m. to 12:30 p.m. G 03M: Member Conflict: Bioengineering, (Telephone Conference Call). Agenda: To review and evaluate grant Technology, and Surgical Sciences. Contact Person: Aftab A. Ansari, PhD, applications. Date: March 2, 2005. Scientific Review Administrator, Center for Place: Double Tree Rockville, 1750 Time: 2 p.m. to 4 p.m. Scientific Review, National Institutes of Rockville Pike, Rockville, MD 20852. Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 4108, Contact Person: Aftab A. Ansari, PhD, applications. MSC 7814, Bethesda, MD 20892, (301) 594– Scientific Review Administrator, Center for Place: National Institutes of Health, 6701 6376, [email protected]. Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892, Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 4108, (Telephone Conference Call). Review Special Emphasis Panel, Hearing MSC 7814, Bethesda, MD 20892, (301) 594– Contact Person: Paul F. Parakkal, PhD, Disorders in Humans: Member Conflict. 6376, [email protected]. Scientific Review Administrator, Center for Date: March 1, 2005. Name of Committee: Center for Scientific Scientific Review, National Institutes of Time: 1 p.m. to 2:30 p.m. Review Special Emphasis Panel, Behavioral Health, 6701 Rockledge Drive, Room 5122, Agenda: To review and evaluate grant Neurosciences Fellowships (IFCN). MSC 7854, Bethesda, MD 20892, (301) 435– applications. Date: March 2-3, 2005. 1176, [email protected]. Place: National Institutes of Health, 6701 Time: 9 a.m. to 5 a.m. Name of Committee: Center for Scientific Rockledge Drive, Bethesda, MD 20892, Agenda: To review and evaluate grant Review Special Emphasis Panel, Cortical (Telephone Conference Call). applications. Plasticity.
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Date: March 2, 2005. MSC 7849, Bethesda, MD 20892, (301) 435– Contact Person: Karin F. Helmers, PhD, Time: 2 p.m. to 4 p.m. 2810, [email protected]. Scientific Review Administrator, Center for Agenda: To review and evaluate grant Name of Committee: Center for Scientific Scientific Review, National Institutes of applications. Review Special Emphasis Panel, Drug Health, 6701 Rockledge Drive, Room 3166, Place: National Institutes of Health, 6701 Discovery and Mechanisms of Antimicrobial MSC 7770, Bethesda, MD 20892, (301) 435– Rockledge Drive, Bethesda, MD 20892, Resistance. 1017, [email protected]. (Telephone Conference Call). Date: March 3–4, 2005. Name of Committee: Brain Disorders and Contact Person: Bernard F. Driscol, PhD, Time: 8 a.m. to 5 p.m. Clinical Neuroscience Integrated Review Scientific Review Administrator, Center for Agenda: To review and evaluate grant Group, Developmental Brain Disorders Study Scientific Review, National Institutes of applications. Section. Health, 6701 Rockledge Drive, Room 5184, Place: Hyatt Regency Bethesda, One Date: March 3–4, 2005. MSC 7844, Bethesda, MD 20892, (301) 435– Bethesda Metro Center, 7400 Wisconsin Time: 8:30 a.m. to 6 p.m. 1242, [email protected]. Avenue, Bethesda, MD 20814. Agenda: To review and evaluate grant Name of Committee: Musculoskeletal, Oral Contact Person: Tera Bounds, PhD, DVM, applications. and Skin Sciences Integrated Review Group, Scientific Review Administrator, National Place: Hyatt Regency Bethesda, One Musculoskeletal Rehabilitation Sciences Institutes of Health, Center for Scientific Bethesda Metro Center, 7400 Wisconsin Study Section. Review, 6701 Rockledge Drive, Room 3015– Avenue, Bethesda, MD 20814. Date: March 2–4, 2005. D, MSC 7808, Bethesda, MD 20892, (301) Contact Person: Sherry L. Stuesse, PhD, Time: 8 p.m. to 5 p.m. 435–2306, [email protected]. Scientific Review Administrator, Center for Agenda: To review and evaluate grant Name of Committee: Center for Scientific Scientific Review, National Institutes of applications. Review Special Emphasis Panel, Multiple Health, 6701 Rockledge Drive, Room 5188, Place: Hyatt Regency Bethesda, One Sclerosis/EAE. MSC 7846, Bethesda, MD 20892, (301) 435– Bethesda Metro Center, 7400 Wisconsin Date: March 3, 2005. 1785, [email protected]. Avenue, Bethesda, MD 20814. Time: 8 a.m. to 5 p.m. Name of Committee: Infectious Diseases Contact Person: Jo Pelham, BA, Scientific Agenda: To review and evaluate grant and Microbiology Integrated Review Group, Review Administrator, Center for Scientific applications. Bacterial Pathogenesis Study Section. Review, National Institutes of Health, 6701 Place: George Washington University Inn, Date: March 3–4, 2005. Rockledge Drive, Room 4102, MSC 7814, 824 New Hampshire Ave., NW., Washington, Time: 8:30 a.m. to 5 p.m. Bethesda, MD 20892, (301) 435–1786, DC 20037. Agenda: To review and evaluate grant [email protected]. Contact Person: Calbert A. Laing, PhD, applications. Scientific Review Administrator, Center for Name of Committee: Cardiovascular Place: Latham Hotel, 3000 M Street, NW., Scientific Review, National Institutes of Washington, DC 20007. Sciences Integrated Review Group, Electrical Health, 6701 Rockledge Drive, Room 4210, Signaling, Ion Transport, and Arhythmias Contact Person: Melody Mills, PhD, MSC 7812, Bethesda, MD 20892, (301) 435– Scientific Review Administrator, Center for Study Section. 1221, [email protected]. Date: March 3–4, 2005. Scientific Review, National Institutes of Time: 8 a.m. to 11:30 a.m. Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 3204, Review Special Emphasis Panel, Vector Agenda: To review and evaluate grant MSC 7808, Bethesda, MD 20892, (301) 435– Biology. applications. 0903, [email protected]. Date: March 3–4, 2005. Place: Four Points by Sheraton Bethesda, Name of Committee: Infectious Diseases Time: 8 a.m. to 5 p.m. 8400 Wisconsin Avenue, Bethesda, MD and Microbiology Integrated Review Group, Agenda: To review and evaluate grant 20814. applications. Virology—B Study Section. Contact Person: Rajiv Kumar, PhD, Place: Hotel Rouge, 1315 16th Street, NW., Date: March 3–4, 2005. Scientific Review Administrator, Center for Washington, DC 20036. Time: 8:30 a.m. to 4 p.m. Scientific Review, National Institutes of Contact Person: John C. Pugh, PhD, Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 4122, Scientific Review Administrator, Center for applications. MSC 7802, Bethesda, MD 20892, (301) 435– Scientific Review, National Institutes of Place: Beacon Hotel and Corporate 1212, [email protected]. Health, 6701 Rockledge Drive, Room 3114, Quarters, 1615 Rhode Island Avenue, NW., Name of Committee: Center for Scientific MSC 7808, Bethesda, MD 20892, (301) 435– Washington, DC 20036. Review Special Emphasis Panel, L- 2398, [email protected]. Contact Person: Robert Freund, PhD, Scientific Review Administrator, Center for Fellowship. Name of Committee: Center for Scientific Scientific Review, National Institutes of Date: March 3–4, 2005. Review Special Emphasis Panel, Modeling Health, 6701 Rockledge Drive, Room 3200, Time: 8 a.m. to 5:30 p.m. and Analysis of Biological Systems. MSC 7848, Bethesda, MD 20892, (301) 435– Agenda: To review and evaluate grant Date: March 3–4, 2005. 1050, [email protected]. applications. Time: 8:30 a.m. to 5 p.m. Place: Holiday Inn Select, 480 King Street, Agenda: To review and evaluate grant Name of Committee: Center for Scientific Alexandria, VA 22314. applications. Review Special Emphasis Panel, Bacterial Contact Person: Ramesh K. Nayak, PhD, Place: Hyatt Regency Bethesda, One Biodefense Agents. Scientific Review Administrator, Center for Bethesda Metro Center, 7400 Wisconsin Date: March 3–4, 2005. Scientific Review, National Institutes of Avenue, Bethesda, MD 20814. Time: 8:30 a.m. to 5 p.m. Health, 6701 Rockledge Drive, Room 5146, Contact Person: Malgorzata Klosek, PhD, Agenda: To review and evaluate grant MSC 7840, Bethesda, MD 20892, (301) 435– Scientific Review Administrator, Center for applications. 1026, [email protected]. Scientific Review, National Institutes of Place: Hyatt Regency Bethesda, One Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 4188, Bethesda Metro Center, 7400 Wisconsin Review Special Emphasis Panel, Gene Drug MSC 7849, Bethesda, MD 20892, (301) 435– Avenue, Bethesda, MD 20814. Delivery Systems. 2211, [email protected]. Contact Person: Fouad A. El-Zaatari, PhD, Date: March 3–4, 2005. Name of Committee: Center for Scientific Scientific Review Administrator, Center for Time: 8 a.m. to 5 p.m. Review Special Emphasis Panel, Research on Scientific Review, National Institutes of Agenda: To review and evaluate grant Ethical Issues in Human Studies. Health, 6701 Rockledge Drive, Room 3206, applications. Date: March 3, 2005. MSC 7808, Bethesda, MD 20814–9692, (301) Place: Holiday Inn Select Bethesda, 8120 Time: 8:30 a.m. to 4 p.m. 435–1149, [email protected]. Wisconsin Ave., Bethesda, MD 20814. Agenda: To review and evaluate grant Name of Committee: Center for Scientific Contact Person: Steven J. Zullo, PhD, applications. Review Special Emphasis Panel, Small Scientific Review Administrator, Center for Place: Hyatt Regency Bethesda, One Business: Health of the Population. Scientific Review, National Institutes of Bethesda Metro Center, 7400 Wisconsin Date: March 3–4, 2005. Health, 6701 Rockledge Drive, Room 4192, Avenue, Bethesda, MD 20814. Time: 8:30 a.m. to 5 p.m.
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Agenda: To review and evaluate grant Time: 11 a.m. to 12:30 p.m. Name of Committee: Center for Scientific applications. Agenda: To review and evaluate grant Review Special Emphasis Panel, Hematology Place: One Washington Circle Hotel, One applications. Small Business Activities. Washington Circle, Washington, DC 20037. Place: National Institutes of Health, 6701 Date: March 4, 2005. Contact Person: Valerie Durrant, PhD, Rockledge Drive, Bethesda, MD 20892, Time: 8 a.m. to 6 p.m. Scientific Review Administrator, Center for (Telephone Conference Call). Agenda: To review and evaluate grant Scientific Review, National Institutes of Contact Person: Joseph G. Rudolph, PhD, applications. Health, 6701 Rockledge Drive, Room 3148, Scientific Review Administrator, Center for Place: Holiday Inn Select Bethesda, 8120 MSC 7770, Bethesda, MD 20892, (301) 435– Scientific Review, National Institutes of Wisconsin Avenue, Bethesda, MD 20814. 3554, [email protected]. Health, 6701 Rockledge Drive, Room 5186, Contact Person: Lawrence E. Boerboom, Name of Committee: Center for Scientific MSC 7844, Bethesda, MD 20892, (301) 435– PhD, Scientific Review Administrator, Center Review Special Emphasis Panel, 2212, [email protected]. for Scientific Review, National Institutes of Psychopathology, Developmental Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 5156, Disabilities, Stress and Aging Fellowships. Review Special Emphasis Panel, Respiratory MSC 7814, Bethesda, MD 20892, (301) 435– Date: March 3–4, 2005. Sciences Member Conflict. 8367, [email protected]. Time: 8:30 a.m. to 3 p.m. Date: March 3, 2005. Name of Committee: Center for Scientific Agenda: To review and evaluate grant Time: 1 p.m. to 3 p.m. Review Special Emphasis Panel, SBIB 13: applications. Agenda: To review and evaluate grant Small Business Novel Technologies for In Place: Bethesda Marriott, 5151 Pooks Hill applications. Vivo Imaging and Image-guided Cancer Road, Bethesda, MD 20814. Place: National Institutes of Health, 6701 Interventions. Contact Person: Lynn T Nielsen-Bohlman, Rockledge Drive, Bethesda, MD 20892, Date: March 4, 2005. PhD, Scientific Review Administrator, Center (Telephone Conference Call). Time: 8:30 a.m. to 4:30 p.m. for Scientific Review, National Institutes of Contact Person: George M. Barnas, PhD, Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 3089F, Scientific Review Administrator, Center for applications. MSC 7848, Bethesda, MD 20892, (301) 594– Scientific Review, National Institutes of Place: Four Points by Sheraton Bethesda, 5287, [email protected]. Health, 6701 Rockledge Drive, Room 2180, 8400 Wisconsin Avenue, Bethesda, MD Name of Committee: Center for Scientific MSC 7818, Bethesda, MD 20892, (301) 435– 20814. Review Special Emphasis Panel, SBIR: Risk 0696, [email protected]. Contact Person: Arthur A. Petrosian, PhD, Prevention and Health Behavior. Name of Committee: Center for Scientific Scientific Review Administrator, Center for Date: March 3–4, 2005. Review Special Emphasis Panel, ICOHRTA. Scientific Review, National Institutes of Time: 8:30 a.m. to 5 p.m. Date: March 3, 2005. Health, 6701 Rockledge Drive, Room 5112, Agenda: To review and evaluate grant Time: 1 p.m. to 5 p.m. MSC 7854, Bethesda, MD 20892, (301) 435– applications. Agenda: To review and evaluate grant 1258, [email protected]. Place: Radisson Barcelo Hotel, 2121 P applications. Name of Committee: Center for Scientific Street, NW., Washington, DC 20037. Place: Hyatt Regency Bethesda, One Review Special Emphasis Panel, Small Contact Person: Claire E. Gutkin, PhD, Bethesda Metro Center 7400 Wisconsin Business Rheumatology. MPH, Scientific Review Administrator, Avenue, Bethesda, MD 20814. Date: March 4, 2005. Center for Scientific Review, National Contact Person: Dan D. Gerendasy, PhD, Time: 8:30 a.m. to 12:30 p.m. Institutes of Health, 6701 Rockledge Drive, Scientific Review Administrator, Center for Agenda: To review and evaluate grant Room 3138, MSC 7759, Bethesda, MD 20892, Scientific Review, National Institutes of applications. (301) 594–3139, [email protected]. Health, 6701 Rockledge Drive, Room 5132, Place: Double Tree Rockville, 1750 Name of Committee: Health of the MSC 7843, Bethesda, MD 20892, (301) 594– Rockville Pike, Rockville, MD 20852. Population Integrated Review Group, 6830, [email protected]. Contact Person: Aftab A. Ansari, PhD, Epidemiology of Cancer Study Section. Name of Committee: Center for Scientific Scientific Review Administrator, Center for Date: March 3–4, 2005. Review Special Emphasis Panel, ZRG1 IFCN Scientific Review, National Institutes of Time: 8:30 a.m. to 5 p.m. H 02 M: The SCN and Circadian Rhythms. Health, 6701 Rockledge Drive, Room 4108, Agenda: To review and evaluate grant Date: March 3, 2005. MSC 7814, Bethesda, MD 20892, 301-594– applications. Time: 2 p.m. to 3 p.m. 6376, [email protected]. Place: Melrose Hotel, 2430 Pennsylvania Agenda: To review and evaluate grant Name of Committee: Center for Scientific Ave., NW., Washington, DC 20037. applications. Review Special Emphasis Panel, EPIC Contact Person: Denise Wiesch, PhD, Place: Hyatt Regency Bethesda, One Member Conflict SEP. Scientific Review Administrator, Center for Bethesda Metro Center, 7400 Wisconsin Date: March 4, 2005. Scientific Review, National Institutes of Avenue, Bethesda, MD 20814. Time: 8:30 a.m. to 5 p.m. Health, 6701 Rockledge Drive, Room 3150, Contact Person: Richard Marcus, PhD, Agenda: To review and evaluate grant MSC 7770, Bethesda, MD 20892, (301) 435– Scientific Review Administrator, Center for applications. 0684, [email protected]. Scientific Review, National Institutes of Place: One Washington Circle Hotel, One Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 5168, Washington Circle, Washington, DC 20037. Review Special Emphasis Panel, AITRP. MSC 7844, Bethesda, MD 20892, (301) 435– Contact Person: Christopher Sempos, PhD, Date: March 3, 2005. 1245, [email protected]. Scientific Review Administrator, Center for Time: 9 a.m. to 12 p.m. Name of Committee: Center for Scientific Scientific Review, National Institutes of Agenda: To review and evaluate grant Review Special Emphasis Panel, ZRG1 IFCN Health, 6701 Rockledge Drive, Room 3146, applications. H 03 S: Sleep and the Basal Forebrain. MSC 7770, Bethesda, MD 20892, (301) 451– Place: Hyatt Regency Bethesda, One Date: March 3, 2005. 1329, [email protected]. Bethesda Metro Center, 7400 Wisconsin Time: 3 p.m. to 4 p.m. Name of Committee: Center for Scientific Avenue, Bethesda, MD 20814. Agenda: To review and evaluate grant Review Special Emphasis Panel, Associated Contact Person: Dan D. Gerendasy, PhD, applications. Conflict of Interest Special Emphasis Panel. Scientific Review Administrator, Center for Place: Hyatt Regency Bethesda, One Date: March 4, 2005. Scientific Review, National Institutes of Bethesda Metro Center, 7400 Wisconsin Time: 9 a.m. to 4 p.m. Health, 6701 Rockledge Drive, Room 5132, Avenue, Bethesda, MD 20814. Agenda: To review and evaluate grant MSC 7843, Bethesda, MD 20892, (301) 594– Contact Person: Richard Marcus, PhD, applications. 6830, [email protected]. Scientific Review Administrator, Center for Place: Bethesda Marriott, 5151 Pooks Hill Name of Committee: Center for Scientific Scientific Review, National Institutes of Road, Bethesda, MD 20814. Review Special Emphasis Panel, Pain and Health, 6701 Rockledge Drive, Room 5168, Contact Person: Lynn T Nielsen-Bohlman, Somatosensory (2). MSC 7844, Bethesda, MD 20892, 301 435– PhD, Scientific Review Administrator, Center Date: March 3, 2005. 1245, [email protected]. for Scientific Review, National Institutes of
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Health, 6701 Rockledge Drive, Room 3089F, Dated: February 4, 2005. support systems. In particular, the MSC 7848, Bethesda, MD 20892, (301) 594– LaVerne Y. Stringfield, history of how the program was 5287, [email protected]. Director, Office of Federal Advisory established, what it takes to maintain Name of Committee: Center for Scientific Committee Policy. the program, the challenges the Review Special Emphasis Panel, Genetic [FR Doc. 05–2657 Filed 1–10–05; 8:45 am] programs have faced in providing Determinants of Erythocyte Hydration. transition supports and their solutions Date: March 4, 2005. BILLING CODE 4140–01–M Time: 2 p.m. to 3 p.m. to these problems can help others, and Agenda: To review and evaluate grant prevent needless duplication of trial and applications. DEPARTMENT OF HEALTH AND error. Place: National Institutes of Health, 6701 HUMAN SERVICES This project will begin the Rockledge Drive, Bethesda, MD 20892, development of guidelines for others Substance Abuse and Mental Health (Telephone Conference Call). attempting to bridge this important Contact Person: Robert T. Su, PhD, Services Administration Scientific Review Administrator, Center for service gap through discovering shared Scientific Review, National Institutes of Agency Information Collection and unique approaches to establishing Health, 6701 Rockledge Drive, Room 4134, Activities: Submission for OMB and maintaining pioneering transition MSC 7802, Bethesda, MD 20892, (301) 435– Review; Comment Request programs, and the challenges that they 1195, [email protected]. face in providing services to this grossly Name of Committee: Center for Scientific Periodically, the Substance Abuse and underserved population. Review Special Emphasis Panel, SBIB 16: Mental Health Services Administration Nine such programs have been Small Business Novel Technologies for in (SAMHSA) will publish a summary of identified. Another four programs, that Vivo Imaging and Image Guided Cancer information collection requests under have not been maintained, will also be Interventions. OMB review, in compliance with the Date: March 4, 2005. identified, yielding a total of 13 Paperwork Reduction Act (44 U.S.C. programs that will be examined. Time: 4:30 p.m. to 5 p.m. chapter 35). To request a copy of these Agenda: To review and evaluate grant Examination will occur primarily applications. documents, call the SAMHSA Reports through telephone interview of multiple Place: Four Points by Sheraton Bethesda, Clearance Officer on (240) 276–1243. stakeholders per program. Program 8400 Wisconsin Avenue, Bethesda, MD Understanding the Establishment and information will also be requested 20814. Maintenance of Pioneering Transition electronically. Stakeholders from each Contact Person: Arthur A. Petrosian, PhD, program will consist of the following: 2 Scientific Review Administrator, Center for Programs—New Scientific Review, National Institutes of SAMHSA’s Center for Mental Health State-level child mental health Health, 6701 Rockledge Drive, Room 5112, Services will collect information about administrators, 2 program-level MSC 7854, Bethesda, MD 20892, (301) 435– the establishment and maintenance of administrators/staff, and up to an 1258, [email protected]. programs funded in part by state child additional 3 key stakeholders that are Name of Committee: Center for Scientific mental health agencies that prepare identified during the process of Review Special Emphasis Panel, youth from these agencies for adult interviewing the first 4 stakeholders. Cardiovascular Sciences BRP. functioning, and can provide these Stakeholders will be asked about 3 Date: March 4, 2005. issues: (1) How the program was Time: 12:30 p.m. to 5 p.m. services continuously beyond the upper age limit of state child mental health established; (2) efforts to keep the Agenda: To review and evaluate grant program open and funded; and (3) applications. eligibility. Many of the youth served in Place: Four Points by Sheraton Bethesda, state child mental health systems cannot factors that facilitated or inhibited its 8400 Wisconsin Ave, Bethesda, MD 20814. access state adult mental health opening or maintenance. Sufficient Contact Person: Rajiv Kumar, PhD, services; thus, the ability to provide detail will be sought to determine the Scientific Review Administrator, Center for continuing transition support services to unique efforts needed for these kinds of Scientific Review, National Institutes of this population throughout the period of programs, as opposed to common efforts Health, 6701 Rockledge Drive, Room 4122, transition, roughly to the age of 25, is made to establish any new program. MSC 7802, Bethesda, MD 20892, (301) 435– Two questionnaires will be used to 1212, [email protected]. critical to the likelihood of adult success. obtain this information, one for program (Catalogue of Federal Domestic Assistance The small number of pioneering administrators or staff and the other for Program Nos. 93.306, Comparative Medicine; other stakeholders. 93.333, Clinical Research, 93.306, 93.333, programs in the country that have 93.337, 93.393–93.396, 93.837–93.844, successfully negotiated the system to The following table summarizes the 93.846–93.878, 93.892, 93.893, National achieve this status have much to teach estimated response burden for this Institutes of Health, HHS) those trying to develop better transition project.
Number of Responses per Total Hours per Total hour Questionnaire respondents respondent responses response burden
Staff ...... 52 1 ...... 1 52 Non-Staff ...... 26 1 ...... 1.5 39
Total ...... 78 ...... 78 ...... 91
Written comments and and Budget, New Executive Office respondents are encouraged to submit recommendations concerning the Building, Room 10235, Washington, DC comments by fax to: 202–395–6974. proposed information collection should 20503; due to potential delays in OMB’s be sent by March 14, 2005, to: SAMHSA receipt and processing of mail sent Desk Officer, Human Resources and through the U.S. Postal Service, Housing Branch, Office of Management
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Dated: January 27, 2005. authorization for the onshore pipeline, (3) By fax to the Docket Management Anna Marsh, and from the Army Corps of Engineers Facility at 202–493–2251. Executive Officer, SAMHSA. for the appropriate section 10 and 404 (4) By delivery to room PL–401 on the [FR Doc. 05–2669 Filed 2–10–05; 8:45 am] permits, this draft environmental impact Plaza level of the Nassif Building, 400 BILLING CODE 4162–20–P statement will assess the environmental Seventh Street SW., Washington, DC, impacts of both the onshore and between 9 a.m. and 5 p.m., Monday offshore portions of the project. The through Friday, except Federal holidays. lead agencies (Coast Guard and The telephone number is 202–366– DEPARTMENT OF HOMELAND Maritime Administration), as well as the 9329. SECURITY cooperating agencies (Federal Energy The DOT Docket Management Facility Coast Guard Regulatory Commission and U.S. Army accepts hand-delivered submissions, Corps of Engineers), request public and makes docket contents available for DEPARTMENT OF TRANSPORTATION comments on the draft environmental public inspection and copying, at this impact statement. address, in room PL–401, between 9 Maritime Administration DATES: Public meetings and a.m. and 5 p.m., Monday through informational open houses will be held. Friday, except Federal holidays. The [USCG–2004–17659] The informational open houses are on Facility’s telephone is 202–366–9329, the following dates in the following its fax is 202–493–2251, and its web site Compass Port LLC Liquefied Natural for electronic submissions or for Gas Deepwater Port License cities: • February 28, 2005, 4:30 p.m. to 6 electronic access to docket contents is Application; Draft Environmental p.m., Portland, TX. http://dms.dot.gov. Impact Statement • March 1, 2005, 4:30 p.m. to 6 p.m. Meetings: The public meeting and AGENCY: Coast Guard, DHS; and (Cambodian language interpreter informational open house in Portland, Maritime Administration, DOT. available), Bayou La Batre, AL. TX, will be held at: Portland • Community Center, 2000 Billy G. Webb ACTION: Notice of availability; notice of March 1, 2005, 6:30 to 8 p.m. Dr., Portland, TX 78374, phone: 361– public meeting; request for comments. (Laotian language interpreter available), Bayou La Batre, AL. 777–3301. SUMMARY: The U.S. Coast Guard and the • March 2, 2005, 4:30 p.m. to 6 p.m. The public meetings and Maritime Administration announce the (Vietnamese language interpreter informational open houses in Bayou La availability of the draft environmental available), Bayou La Batre, AL. Batre, AL, will be held at: Bayou La impact statement for this license • March 3, 2005: 4:30 p.m. to 6 p.m., Batre Community Center, 12745 Padgett application. The application describes a Dauphin Island, AL. Switch Rd., Bayou La Batre, AL 36509, project that would be located in the • March 4, 2005: 4:30 p.m. to 6 p.m, phone: 251–824–7918. Outer Continental Shelf and Mississippi Pascagoula, MS. The public meeting and informational Sound areas of the Gulf of Mexico, The public meetings will be held on open house in Dauphin Island, AL, will approximately 11 miles south of the following dates in the following be held at: Dauphin Island Chamber of Dauphin Island, AL, in lease block cities: Commerce, 402 La Vente St., Dauphin Mobile 910. The draft environmental • February 28, 2005, 6:30 p.m. to 8:30 Island, AL 36528, phone: 251–861– impact statement is a Coast Guard p.m., Portland, TX. 5524. document with several agencies, • March 2, 2005, 6:30 p.m. to 8:30 The public meeting and informational including the U.S. Army Corps of p.m. (Vietnamese, Laotian, and open house in Pascagoula, MS, will be Engineers and the Federal Energy Cambodian language interpreters held at: Jackson County Fairgrounds Regulatory Commission acting as available), Bayou La Batre, AL. Fair Hall, 2902 Shortcut Rd., cooperating agencies in the National • March 3, 2005, 6:30 to 8:30 p.m., Pascagoula, MS 39567, phone: 228–762– Environmental Policy Act of 1969 Dauphin Island, AL. 6043. process, as described by 40 CFR 1501.6. • March 4, 2005, 6:30 p.m. to 8:30 FOR FURTHER INFORMATION CONTACT: If The Coast Guard is the lead federal p.m., Pascagoula, MS. you have questions on the project, agency in the preparation of the draft The public meetings may end later contact Kenneth Smith, U.S. Coast environmental impact statement for the than the stated time, depending on the Guard, telephone: 202–267–0578, email: liquefied natural gas terminal, number of persons wishing to speak. [email protected]. If you have construction of the gravity-based Material submitted in response to the questions on the National structures, and the associated offshore request for comments must reach the Environmental Policy Act of 1969 and onshore pipelines. The joint Department of Transportation’s Docket process, contact Joan Lang, U.S. Coast document will satisfy the requirements Management Facility on or before March Guard, telephone: 202–267–2498, e- of the Deepwater Port Act. The U.S. 27, 2005. mail: [email protected]. If you have Army Corps of Engineers will assist in ADDRESSES: Comments: You may submit questions on viewing the docket, call the preparation of the draft comments identified by Coast Guard Andrea M. Jenkins, Program Manager, environmental impact statements for docket number USCG–2004–17659 to Docket Operations, telephone: 202–366– permits pursuant to section 10 of the the Docket Management Facility at the 0271. Rivers and Harbors Act of 1899 (33 U.S. Department of Transportation: SUPPLEMENTARY INFORMATION: U.S.C. 403) and section 404 of the Clean (1) Electronically through the Web Water Act (33 U.S.C. 1344). The Federal Site for the Docket Management System Public Participation and Request for Energy Regulatory Commission will at http://dms.dot.gov. Comments assist in the preparation of the draft (2) By mail to the Docket Management We request public comments or other environmental impact statement for the Facility, (USCG–2004–17659), U.S. relevant information on the draft onshore pipeline. Even though an Department of Transportation, room PL– environmental impact statement (DEIS). affiliate of Compass Port LLC must 401, 400 Seventh Street SW., The public meeting is not the only separately apply for and receive an Washington, DC 20590–0001. opportunity you have to comment on
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the DEIS. In addition to or in place of in the Federal Register published on create a free account which can be attending the meetings, you can submit April 11, 2000 (65 FR 19477), or you created online. material to the DOT Docket may visit http://dms.dot.gov. Comments will be considered by the Management Facility during the public FERC, but will not serve to make the Public Meeting and Open House comment period (see DATES). All commentor a party to the proceeding. comments received will be posted, We invite you to learn about the Any person seeking to become a party without change, to http://dms.dot.gov proposed deepwater port at the to the proceeding must file a motion to and will include any personal informational open house, and to intervene pursuant to Rule 214 of the information you have provided. We comment at the public meeting on the FERC’s Rules of Practice and Procedures have an agreement with the Department proposed action and the evaluation (18 CFR 385.214). of Transportation (DOT) to use the contained in the DEIS. Anyone may intervene in this Docket Management Facility. Please see In order to allow everyone a chance proceeding based on this DEIS. You DOT’s ‘‘Privacy Act’’ paragraph below. to speak, we may limit speaker time, or must file your request to intervene as Submitting comments: If you submit a extend the meeting hours, or both. You specified above. You do not need comment, please include your name and must identify yourself, and any intervenor status to have your address, identify the docket number for organization you represent, by name. comments considered. this rulemaking (USCG–2004–17659), Your remarks will be recorded or The DEIS has been placed in the indicate the specific section of this transcribed for inclusion in the public public files of the FERC and is available document to which each comment docket. for distribution and public inspection applies, and give the reason for each You may submit written material at at: Federal Energy Regulatory comment. You may submit your the public meeting, either in place of or Commission, Public Reference Room, comments and material by electronic in addition to speaking. Written 888 First Street, NE., Room 2A, means, mail, fax, or delivery to the DOT material must include your name and Washington, DC 20426; phone: 202– Docket Management Facility at the address, and will be included in the 502–8371. A limited number of copies address under ADDRESSES; but please public docket. are available from the Public Reference submit your comments and material by Because of significant numbers of Room identified above. In addition, only one means. If you submit them by persons speaking Vietnamese, Laotian, copies of the DEIS have been mailed to mail or delivery, submit them in an and Cambodian languages in the area federal, state and local agencies, public unbound format, no larger than 81⁄2 by around Bayou La Batre, AL, we are interest groups, individuals who have 11 inches, suitable for copying and providing interpreters as noted in the requested the DEIS, newspapers, and electronic filing. If you submit them by DATES section. Interpreters at the public parties to this proceeding. mail and would like to know that they meeting in Bayou La Batre, AL, will Additional information about the reached the Facility, please enclose a translate public statements made in project is available from the FERC’s stamped, self-addressed postcard or those languages for entry in the public Office of External Affairs, at 1–866–208– envelope. The Coast Guard will docket in English. If you plan to attend FERC or on the FERC Internet Web site consider all comments submitted during either an open house or a public (http://www.ferc.gov) using the eLibrary the public comment period, and then meeting, and need other special link. Click on the eLibrary link, click on will prepare the final environmental assistance such as sign language ‘‘General Search’’ and enter the docket impact statement (EIS). We will interpretation or other reasonable number excluding the last three digits in announce the availability of the final accommodation, please notify the Coast the Docket Number field. Be sure you EIS and once again give you an Guard (see FURTHER INFORMATION have selected an appropriate date range. opportunity for review and comment. If CONTACT) at least three business days For assistance, please contact FERC you would like to be notified when the prior to the date of the meeting. Include Online Support at final EIS is available, please contact your contact information as well as [email protected] or toll free either Coast Guard representative information about your specific needs. at 1–866–208–3676, or for TTY, contact identified in FOR FURTHER INFORMATION To submit comments to the Federal 202–502–8659. The eLibrary link also CONTACT. Energy Regulatory Commission (FERC) provides access to the texts of formal Viewing comments and documents: docket (CP04–114–000 and CP04–115– documents issued by the FERC, such as To view comments, as well as 000), send an original and two copies of orders, notices, and rulemakings. documents mentioned in this preamble your comments to: Secretary, Federal In addition, the FERC now offers a as being available in the docket, go to Energy Regulatory Commission, 888 free service called eSubscription which http://dms.dot.gov at any time and First St., NE., Room 1A, Washington, DC allows you to keep track of all formal conduct a simple search using the 20426. issuances and submittals in specific docket number. You may also visit the • Label one copy of the comments for dockets. This can reduce the amount of DOT Docket Management Facility in the attention of Gas Branch 2, PJ11.2 time you spend researching proceedings room PL–401 on the Plaza level of the • Reference Docket No. CP04–114– by automatically providing you with Nassif Building, 400 Seventh Street 000; and notification of these filings, document SW., Washington, DC, between 9 a.m. • Mail your comments to FERC so summaries and direct links to the and 5 p.m., Monday through Friday, that they will be received in documents. Go to http://www.ferc.gov/ except Federal holidays. Washington, DC on or before March 27. esubscribenow.htm. Privacy Act: Anyone can search the The FERC strongly encourages Mobile District, U.S. Army Corps of electronic form of all comments electronic filing of any comments or Engineers (Corps) is issuing a public received into any of our dockets by the interventions or protests to this notice announcing the NOA and DEIS. name of the individual submitting the proceeding. See 18 CFR Comments on this DEIS relating to comment (or signing the comment, if 385.2001(a)(1)(iii) and the instructions matters within Corps jurisdiction submitted on behalf of an association, on the FERC’s Web site at http:// should be submitted to the Coast Guard business, labor union, etc.). You may www.ferc.gov under the ‘‘e-Filing’’ link through the docket management system review the Department of and the link to the User’s Guide. Before described in this notice with a copy Transportation’s Privacy Act Statement you can file comments you will need to furnished to the Corps at U.S. Army
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Corps of Engineers, Mobile District, would be stored in two integral full- disaster for the State of Hawaii (FEMA– Attn: Regulatory Branch, P.O. Box 2288, containment tanks, each with a capacity 1575–DR), dated February 1, 2005, and Mobile, AL 36628. of 150,000 cubic meters, and a related determinations. combined capacity of 300,000 cubic Proposed Action EFFECTIVE DATE: February 1, 2005. meters of LNG. FOR FURTHER INFORMATION CONTACT: On June 25, 2004, the Coast Guard The regasification process would Magda Ruiz, Recovery Division, Federal and MARAD published a notice of consist of lifting the LNG from the Emergency Management Agency, intent to prepare an environmental storage tanks, pumping the LNG to Washington, DC 20472, (202) 646–2705. impact statement (EIS) for the proposed pipeline pressure, vaporizing across SUPPLEMENTARY INFORMATION: Notice is Compass Port deepwater port in the heat exchanging equipment, and hereby given that, in a letter dated Federal Register (69 FR 35657). The sending out through the pipeline to February 1, 2005, the President declared proposed action requiring custody transfer metering for ultimate environmental review is the Federal delivery to downstream interstate a major disaster under the authority of licensing of the proposed deepwater pipeline capacity. No gas conditioning the Robert T. Stafford Disaster Relief port described in ‘‘Summary of the is required since the incoming LNG will and Emergency Assistance Act, 42 Application’’ below, which is reprinted meet the gas quality specifications of the U.S.C. 5121–5206 (the Stafford Act), as from previous Federal Register notices downstream pipelines. follows: in this docket. The deepwater port would be I have determined that the damage in designed to handle a nominal capacity certain areas of the State of Hawaii, resulting Alternatives to the Proposed Action of 7.5 million metric tons per annum of from severe storms and flash flooding on The alternatives to licensing are: (1) LNG. This is equivalent to an average October 30, 2004, is of sufficient severity and Licensing with conditions (including delivery of approximately 1.02 billion magnitude to warrant a major disaster conditions designed to mitigate declaration under the Robert T. Stafford cubic feet per day (bcfd) of pipeline Disaster Relief and Emergency Assistance environmental impact), and (2) denying quality gas. Act, 42 U.S.C. 5121–5206 (the Stafford Act). the application, which for purposes of In the Notice of Application, the Therefore, I declare that such a major disaster environmental review is the ‘‘no-action’’ applicant had identified five locations exists in the State of Hawaii. alternative. These alternatives are more as possible fabrication sites for the In order to provide Federal assistance, you fully discussed in the DEIS. concrete gravity-based structures which are hereby authorized to allocate from funds would be used to contain the LNG available for these purposes such amounts as Summary of the Application storage tanks. you find necessary for Federal disaster The application plan calls for the As a result of additional information assistance and administrative expenses. proposed deepwater port to be located You are authorized to provide Public during the development of this DEIS, Assistance and Hazard Mitigation in the in the Outer Continental Shelf (OCS) three locations have been eliminated designated area, and any other forms of and Mississippi Sound areas of the Gulf from further study. The two proposed assistance under the Stafford Act you may of Mexico, approximately 11 miles off locations for the fabrication sites are: deem appropriate. Consistent with the Dauphin Island, AL, in lease block • Big Bend Site, Freeport, TX; and requirement that Federal assistance be Mobile 910. Compass Port would serve • Kiewit Construction Site, Ingleside, supplemental, any Federal funds provided as a liquefied natural gas (LNG) TX. under the Stafford Act for Public Assistance receiving, storage, and regasification and Hazard Mitigation will be limited to 75 Dated: February 8, 2005. percent of the total eligible costs. If Other facility, located in approximately 70 feet Howard L. Hime, of water depth. It will incorporate Needs Assistance under Section 408 of the Acting Director of Standards, Marine Safety, Stafford Act is later requested and warranted, docking facilities, unloading facilities, Security, and Environmental Protection, U.S. Federal funding under that program will also two LNG storage tanks, regasification Coast Guard. be limited to 75 percent of the total eligible facilities, an offshore pipeline, and costs. support facilities. H. Keith Lesnick, Further, you are authorized to make Compass Port proposes the Senior Transportation Specialist, Deepwater changes to this declaration to the extent installation of approximately 26.8 miles Ports Program Manager, U.S. Maritime allowable under the Stafford Act. Administration. of 36-inch diameter natural gas The Federal Emergency Management transmission pipeline on the OCS. In [FR Doc. 05–2804 Filed 2–9–05; 1:55 pm] Agency (FEMA) hereby gives notice that addition, approximately 4.9 miles of 36- BILLING CODE 4910–15–P pursuant to the authority vested in the inch diameter pipeline would be Under Secretary for Emergency installed onshore to connect the Preparedness and Response, Department proposed deepwater port and offshore DEPARTMENT OF HOMELAND SECURITY of Homeland Security, under Executive pipeline with existing gas distribution Order 12148, as amended, Michael Karl, pipelines near Coden, AL. Federal Emergency Management of FEMA is appointed to act as the The deepwater port facility would Agency Federal Coordinating Officer for this consist of two concrete gravity-based declared disaster. structures (GBS) that would contain the [FEMA–1575–DR] I do hereby determine the following LNG storage tanks, LNG carrier berthing area of the State of Hawaii to have been Hawaii; Major Disaster and Related provisions, LNG unloading arms, low affected adversely by this declared Determinations and high pressure pumps, vaporizers, major disaster: metering, utility systems, general AGENCY: Federal Emergency The City and County of Honolulu for facilities and accommodations. The Management Agency, Emergency Public Assistance. terminal would be able to receive LNG Preparedness and Response Directorate, The City and County of Honolulu are carriers up to 255,000 cubic meters Department of Homeland Security. eligible to apply for assistance under the cargo capacity. Liquefied natural gas ACTION: Notice. Hazard Mitigation Grant Program. carrier arrival frequency would be (The following Catalog of Federal Domestic planned to match specified terminal gas SUMMARY: This is a notice of the Assistance Numbers (CFDA) are to be used delivery rates. Liquefied natural gas Presidential declaration of a major for reporting and drawing funds: 97.030,
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Community Disaster Loans; 97.031, Cora Assistance program to save lives, protect FOR FURTHER INFORMATION CONTACT: Brown Fund Program; 97.032, Crisis property and public health and safety. Other Magda Ruiz, Recovery Division, Federal Counseling; 97.033, Disaster Legal Services forms of assistance under Title V of the Emergency Management Agency, Program; 97.034, Disaster Unemployment Stafford Act may be added at a later date, as Washington, DC 20472, (202) 646–2705. Assistance (DUA); 97.046, Fire Management you deem appropriate. You are further Assistance; 97.048, Individuals and authorized to provide this emergency SUPPLEMENTARY INFORMATION: The notice Households Housing; 97.049, Individuals and assistance in the affected areas for a period of a major disaster declaration for the Households Disaster Housing Operations; of 48 hours. You may extend the period of State of Indiana is hereby amended to 97.050 Individuals and Households Program- assistance, as warranted. This assistance include the following areas among those Other Needs, 97.036, Public Assistance excludes regular time costs for sub-grantees’ areas determined to have been adversely Grants; 97.039, Hazard Mitigation Grant regular employees. Assistance under this affected by the catastrophe declared a Program.) emergency is authorized at 75 percent major disaster by the President in his Federal funding for eligible costs. Michael D. Brown, declaration of January 21, 2005: Further, you are authorized to make Under Secretary, Emergency Preparedness changes to this declaration to the extent DeKalb, Elkhart, Franklin, Fulton, Jasper, and Response, Department of Homeland allowable under the Stafford Act. Kosciusko, Lake, Laporte, Marshall, Newton, Security. Noble, Porter, Pulaski, Ripley, St. Joseph, [FR Doc. 05–2700 Filed 2–10–05; 8:45 am] The Federal Emergency Management Starke, Union, and Whitley Counties for BILLING CODE 9110–10–P Agency (FEMA) hereby gives notice that Individual Assistance. pursuant to the authority vested in the Allen, Dearborn, and Fayette Counties for Under Secretary for Emergency Individual Assistance and Public Assistance. Preparedness and Response, Department Adams and Wayne Counties for Individual DEPARTMENT OF HOMELAND Assistance (already designated for Public SECURITY of Homeland Security, under Executive Assistance.) Order 12148, as amended, Scott Wells, Rush County for Public Assistance (already Federal Emergency Management of FEMA is appointed to act as the designated for Individual Assistance) Agency Federal Coordinating Officer for this (The following Catalog of Federal Domestic [FEMA–3199–EM] declared emergency. Assistance Numbers (CFDA) are to be used I do hereby determine the following for reporting and drawing funds: 97.030, Illinois; Emergency and Related areas of the State of Illinois to have been Community Disaster Loans; 97.031, Cora Determinations affected adversely by this declared Brown Fund Program; 97.032, Crisis emergency: Counseling; 97.033, Disaster Legal Services AGENCY: Federal Emergency Program; 97.034, Disaster Unemployment Management Agency, Emergency The counties of Edwards, Franklin, Assistance (DUA); 97.046, Fire Management Gallatin, Hamilton, Hardin, Jackson, Johnson, Preparedness and Response Directorate, Assistance; 97.048, Individuals and Lawrence, Massac, Pope, Richland, Saline, Households Housing; 97.049, Individuals and Department of Homeland Security. Union, Wabash, White, and Williamson for Households Disaster Housing Operations; ACTION: Notice. emergency protective measures (Category B) 97.050 Individuals and Households Program- under the Public Assistance program for a Other Needs, 97.036, Public Assistance SUMMARY: This is a notice of the period of 48 hours. Grants; 97.039, Hazard Mitigation Grant Presidential declaration of an (Catalog of Federal Domestic Assistance No. Program.) emergency for the State of Illinois 97.036, Disaster Assistance.) (FEMA–3199-EM), dated February 1, Michael D. Brown, 2005, and related determinations. Michael D. Brown, Under Secretary, Emergency Preparedness and Response, Department of Homeland EFFECTIVE DATE: February 1, 2005. Under Secretary, Emergency Preparedness and Response, Department of Homeland Security. FOR FURTHER INFORMATION CONTACT: Security. [FR Doc. 05–2698 Filed 2–10–05; 8:45 am] Magda Ruiz, Recovery Division, Federal [FR Doc. 05–2702 Filed 2–10–05; 8:45 am] BILLING CODE 9110–10–P Emergency Management Agency, Washington, DC 20472, (202) 646–2705. BILLING CODE 9110–10–P SUPPLEMENTARY INFORMATION: Notice is DEPARTMENT OF HOMELAND hereby given that, in a letter dated DEPARTMENT OF HOMELAND SECURITY February 1, 2005, the President declared SECURITY an emergency declaration under the Federal Emergency Management authority of the Robert T. Stafford Federal Emergency Management Agency Disaster Relief and Emergency Agency [FEMA–1576–DR] Assistance Act, 42 U.S.C. 5121–5206 (Stafford Act), as follows: [FEMA–1573–DR] Utah; Major Disaster and Related Determinations I have determined that the impact in Indiana; Amendment No. 2 to Notice of certain areas of the State of Illinois, resulting a Major Disaster Declaration AGENCY: Federal Emergency from the record/near record snow on Management Agency, Emergency December 21–23, 2004, is of sufficient AGENCY: Federal Emergency severity and magnitude to warrant an Preparedness and Response Directorate, Management Agency, Emergency Department of Homeland Security. emergency declaration under the Robert T. Preparedness and Response Directorate, Stafford Disaster Relief and Emergency ACTION: Notice. Assistance Act, 42 U.S.C. 5121–5206 (the Department of Homeland Security. Stafford Act). Therefore, I declare that such ACTION: Notice. SUMMARY: This is a notice of the an emergency exists in the State of Illinois. Presidential declaration of a major In order to provide Federal assistance, you SUMMARY: This notice amends the notice disaster for the State of Utah (FEMA– are hereby authorized to allocate from funds of a major disaster declaration for the 1576–DR), dated February 1, 2005, and available for these purposes, such amounts as State of Indiana (FEMA–1573–DR), related determinations. you find necessary for Federal disaster dated January 21, 2005, and related EFFECTIVE DATE: February 1, 2005. assistance and administrative expenses. determinations. You are authorized to provide emergency FOR FURTHER INFORMATION CONTACT: protective measures under the Public DATES: Effective Date: January 31, 2005. Magda Ruiz, Recovery Division, Federal
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Emergency Management Agency, Other Needs, 97.036, Public Assistance percent of the total eligible cost. If Other Washington, DC 20472, (202) 646–2705. Grants; 97.039, Hazard Mitigation Grant Needs Assistance under Section 408 of the Program.) Stafford Act is later warranted, Federal SUPPLEMENTARY INFORMATION: Notice is funding under that program will also be hereby given that, in a letter dated Michael D. Brown, limited to 75 percent of the total eligible February 1, 2005, the President declared Under Secretary, Emergency Preparedness costs. a major disaster under the authority of and Response, Department of Homeland Further, you are authorized to make the Robert T. Stafford Disaster Relief Security. changes to this declaration to the extent and Emergency Assistance Act, 42 [FR Doc. 05–2701 Filed 2–10–05; 8:45 am] allowable under the Stafford Act. U.S.C. 5121–5206 (the Stafford Act), as BILLING CODE 9110–10–P The Federal Emergency Management follows: Agency (FEMA) hereby gives notice that I have determined that the damage in pursuant to the authority vested in the certain areas of the State of Utah, resulting DEPARTMENT OF HOMELAND Under Secretary for Emergency from severe storms and flooding on January SECURITY Preparedness and Response, Department 8–12, 2005, is of sufficient severity and Federal Emergency Management of Homeland Security, under Executive magnitude to warrant a major disaster Order 12148, as amended, Michael declaration under the Robert T. Stafford Agency Disaster Relief and Emergency Assistance Bolch, of FEMA is appointed to act as Act, 42 U.S.C. 5121–5206 (the Stafford Act). [FEMA–1574–DR] the Federal Coordinating Officer for this Therefore, I declare that such a major disaster declared disaster. exists in the State of Utah. West Virginia; Major Disaster and I do hereby determine the following In order to provide Federal assistance, you Related Determinations areas of the State of West Virginia to are hereby authorized to allocate from funds AGENCY: Federal Emergency have been affected adversely by this available for these purposes such amounts as declared major disaster: you find necessary for Federal disaster Management Agency, Emergency assistance and administrative expenses. Preparedness and Response Directorate, The counties of Brooke, Hancock, You are authorized to provide Public Department of Homeland Security. Marshall, Ohio, Tyler, and Wetzel for Public Assistance. Assistance in the designated areas; and ACTION: Notice. Hazard Mitigation throughout the State. All counties within the State of West Virginia are eligible to apply for assistance Consistent with the requirement that Federal SUMMARY: This is a notice of the under the Hazard Mitigation Grant Program. assistance be supplemental, any Federal Presidential declaration of a major funds provided under the Stafford Act for disaster for the State of West Virginia (The following Catalog of Federal Domestic Public Assistance and Hazard Mitigation, Assistance Numbers (CFDA) are to be used will be limited to 75 percent of the total (FEMA–1574–DR), dated February 1, for reporting and drawing funds: 97.030, eligible costs. If Other Needs Assistance 2005, and related determinations. Community Disaster Loans; 97.031, Cora under Section 408 of the Stafford Act is later DATES: Effective Date: February 1, 2005. Brown Fund Program; 97.032, Crisis warranted, Federal funding under that FOR FURTHER INFORMATION CONTACT: Counseling; 97.033, Disaster Legal Services program will also be limited to 75 percent of Magda Ruiz, Recovery Division, Federal Program; 97.034, Disaster Unemployment the total eligible costs. Assistance (DUA); 97.046, Fire Management Further, you are authorized to make Emergency Management Agency, Assistance; 97.048, Individuals and changes to this declaration to the extent Washington, DC 20472, (202) 646–2705. Households Housing; 97.049, Individuals and allowable under the Stafford Act. SUPPLEMENTARY INFORMATION: Notice is Households Disaster Housing Operations; The Federal Emergency Management hereby given that, in a letter dated 97.050 Individuals and Households Agency (FEMA) hereby gives notice that February 1, 2005, the President declared Program—Other Needs, 97.036, Public pursuant to the authority vested in the a major disaster under the authority of Assistance Grants; 97.039, Hazard Mitigation Grant Program.) Under Secretary for Emergency the Robert T. Stafford Disaster Relief Preparedness and Response, Department and Emergency Assistance Act, 42 Michael D. Brown, of Homeland Security, under Executive U.S.C. 5121–5206 (the Stafford Act), as Under Secretary, Emergency Preparedness Order 12148, as amended, Justin follows: and Response, Department of Homeland DeMello, of FEMA is appointed to act as I have determined that the damage in Security. the Federal Coordinating Officer for this certain areas of the State of West Virginia, [FR Doc. 05–2699 Filed 2–10–05; 8:45 am] declared disaster. resulting from severe storms, flooding, and BILLING CODE 9110–10–P I do hereby determine the following landslides beginning on January 4, 2005, and areas of the State of Utah to have been continuing, is of sufficient severity and affected adversely by this declared magnitude to warrant a major disaster DEPARTMENT OF HOUSING AND major disaster: declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance URBAN DEVELOPMENT Kane and Washington Counties for Public Act, 42 U.S.C. 5121–5206 (the Stafford Act). [Docket No. FR–4971–N–06] Assistance. Therefore, I declare that such a major disaster All counties within the State of Utah are exists in the State of West Virginia. Notice of Submission of Proposed eligible to apply for assistance under the In order to provide Federal assistance, you Hazard Mitigation Grant Program. Information Collection to OMB; are hereby authorized to allocate from funds Prepayment of Direct Loans on Section (The following Catalog of Federal Domestic available for these purposes such amounts as Assistance Numbers (CFDA) are to be used you find necessary for Federal disaster 202 and 202/8 Projects With Inclusion for reporting and drawing funds: 97.030, assistance and administrative expenses. of FHA Mortgage Guidelines Community Disaster Loans; 97.031, Cora You are authorized to provide Public AGENCY: Office of the Chief Information Brown Fund Program; 97.032, Crisis Assistance in the designated areas; Hazard Officer, HUD. Counseling; 97.033, Disaster Legal Services Mitigation throughout the State; and any Program; 97.034, Disaster Unemployment other forms of assistance under the Stafford ACTION: Notice. Assistance (DUA); 97.046, Fire Management Act you may deem appropriate. Consistent Assistance; 97.048, Individuals and with the requirement that Federal assistance SUMMARY: The proposed information Households Housing; 97.049, Individuals and be supplemental, any Federal funds provided collection requirement described below Households Disaster Housing Operations; under the Stafford Act for Public Assistance has been submitted to the Office of 97.050 Individuals and Households Program- and Hazard Mitigation will be limited to 75 Management and Budget (OMB) for
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review, as required by the Paperwork telephone 202–708–2374. This is not a on those who are to respond; including Reduction Act. The Department is toll-free number. Copies of available through the use of appropriate soliciting public comments on the documents submitted to OMB may be automated collection techniques or subject proposal. obtained from Mr. Eddins or Ms. Deitzer other forms of information technology, The collection is necessary for owners and at HUD’s Web site at http:// e.g., permitting electronic submission of of multifamily housing projects www5.hud.gov:63001/po/i/icbts/ responses. financed under Section 202 of the collectionsearch.cfm. This notice also lists the following National Housing Act requesting to SUPPLEMENTARY INFORMATION: This information: prepay the mortgage. notice informs the public that the Title of Proposal: Prepayment of DATES: Comments Due Date: March 14, Department of Housing and Urban Direct Loans on Section 202 and 202/8 2005. Development has submitted to OMB a Projects. ADDRESSES: Interested persons are request for approval of the information OMB Approval Number: 2502–0554. invited to submit comments regarding collection described below. This notice Form Numbers: HUD–9808. this proposal. Comments should refer to is soliciting comments from members of Description of the Need for the the proposal by name and/or OMB the public and affecting agencies Information and Its Proposed Use: The Approval Number (2502–0554) and concerning the proposed collection of collection is necessary to gather relevant should be sent to: HUD Desk Officer, information to: (1) Evaluate whether the documents from owners of multifamily Office of Management and Budget, New proposed collection of information is housing projects financed under Section Executive Office Building, Washington, necessary for the proper performance of 202 of the National Housing Act who DC 20503; fax: 202–395–6974. the functions of the agency, including request to prepay the mortgage. HUD FOR FURTHER INFORMATION CONTACT: whether the information will have staff must review the documents Wayne Eddins, Reports Management practical utility; (2) Evaluate the submitted by the owner to determine if Officer, AYO, Department of Housing accuracy of the agency’s estimate of the approval of the prepayment request and Urban Development, 451 Seventh burden of the proposed collection of should be granted. Street, SW., Washington, DC 20410; e- information; (3) Enhance the quality, Frequency of Submission: Other mail [email protected]; or utility, and clarity of the information to Reporting is voluntary based on the Lillian Deitzer at be collected; and (4) Minimize the owner’s decision to prepay the [email protected] or burden of the collection of information mortgage.
Number of Annual × Hours per Burden respondents responses response = hours
Reporting burden ...... 150 1 2 300
Total Estimated Burden Hours: 300. Committee) to be held via telephone hearing or speaking may access this Status: Extension of a currently conference. This meeting is open to the number via TTY by calling the toll-free approved collection. general public, which may participate Federal Information Relay Service at Authority: Section 3507 of the Paperwork by following the instructions below. 800–877–8339. Reduction Act of 1995, 44 U.S.C. 35, as DATES: The conference call meeting will SUPPLEMENTARY INFORMATION: Notice of amended. be held on Tuesday, February 22, 2005, this meeting is provided in accordance Dated: February 4, 2005. from 1 p.m. to 5 p.m. eastern time. with sections 10(a) and (b) of the Wayne Eddins, ADDRESSES: Information concerning the Federal Advisory Committee Act (5 Departmental Paperwork Reduction Act conference call can be obtained from the U.S.C. App. 2) and 41 CFR 102–3.150. Officer, Office of the Chief Information Department’s Consensus Committee The Manufactured Housing Consensus Officer. Administering Organization, the Committee was established under [FR Doc. 05–2641 Filed 2–10–05; 8:45 am] National Fire Protection Association section 604(a)(3) of the National (NFPA). Interested parties can log onto Manufactured Housing Construction BILLING CODE 4210–72–P NFPA’s Web site for instructions and Safety Standards Act of 1974, as concerning how to participate, and for amended, 42 U.S.C. 4503(a)(3). The DEPARTMENT OF HOUSING AND contact information for the conference Committee is charged with providing URBAN DEVELOPMENT call: http://www.nfpa.org/category recommendations to the Secretary to List.asp?categoryID=858. Alternately, adopt, revise, and interpret [Docket No. FR–4665–N–22] interested parties may contact Jill manufactured home construction and McGovern of NFPA by phone at 617– Conference Call Meeting of the safety standards and procedural and 984–7404 (this is not a toll-free number) enforcement regulations, and with Manufactured Housing Consensus for conference call information. Committee developing and recommending FOR FURTHER INFORMATION CONTACT: proposed model installation standards AGENCY: Office of the Assistant William W. Matchneer III, to the Secretary. Secretary for Housing—Federal Housing Administrator, Office of Manufactured The purpose of this conference call Commissioner, HUD. Housing Programs, Office of the Deputy meeting is to permit the Committee, at ACTION: Notice of upcoming meeting via Assistant Secretary for Regulatory its request, to review and make further conference call. Affairs and Manufactured Housing, recommendations to the Secretary Department of Housing and Urban regarding proposed changes to Title 24, SUMMARY: This notice sets forth the Development, 451 Seventh Street, SW., Code of Federal Regulations, schedule and proposed agenda of an Washington, DC 20410–8000, telephone §§ 3282.401 through 3282.418. The upcoming meeting of the Manufactured 202–708–6409 (this is not a toll-free exceptional circumstances permitting Housing Consensus Committee (the number). Persons who have difficulty less than 15 calendar days’ notice of the
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meeting are that it is necessary to have DEPARTMENT OF THE INTERIOR for the purpose of enhancement of the this meeting on this date, which has survival of the species. been agreed to by the Committee, to Fish and Wildlife Service Applicant: George P. DeMers, Jefferson permit the committee to continue their City, MT, PRT–097875. Receipt of Applications for Permit consideration and action on the draft The applicant requests a permit to proposed changes of subpart I for AGENCY: Fish and Wildlife Service, import the sport-hunted trophy of one recommendation to the Secretary. Interior. male woods bison (Bison bison Tentative Agenda ACTION: Notice of receipt of applications athabascae) taken in the Yukon A. Roll Call. for permit. Territory, Canada, for the purpose of B. Welcome and Opening remarks. enhancement of the survival of the C. Full Committee meeting and take SUMMARY: The public is invited to species. actions on proposed changes to 24 CFR comment on the following applications Applicant: James L. Brogan, Athens, part 3282, subpart I of the Regulations. to conduct certain activities with WV, PRT–086007. endangered species and/or marine D. Adjournment. The applicant requests a permit to mammals. Dated: February 4, 2005. import the sport-hunted trophy of one John C. Weicher, DATES: Written data, comments or male woods bison (Bison bison Assistant Secretary for Housing—Federal requests must be received by March 14, athabascae) taken from the Aishihik Housing Commissioner. 2005. herd, Yukon Territory, Canada, for the [FR Doc. 05–2640 Filed 2–10–05; 8:45 am] ADDRESSES: Documents and other purpose of enhancement of the survival BILLING CODE 4210–27–P information submitted with these of the species. applications are available for review, Applicant: Clarence T. Clem, subject to the requirements of the Carrollton, TX, PRT–083717. DEPARTMENT OF THE INTERIOR Privacy Act and Freedom of Information The applicant requests a permit to Act, by any party who submits a written import the sport-hunted trophy of one Office of the Secretary request for a copy of such documents male cheetah (Acinonyx jubatus) taken within 30 days of the date of publication in Namibia, for the purpose of the Blackstone River Valley National of this notice to: U.S. Fish and Wildlife enhancement of the survival of the Heritage Corridor Commission; Notice Service, Division of Management species. of Special Meeting Authority, 4401 North Fairfax Drive, Applicant: James W. Crawford, III, Notice is hereby given in accordance Room 700, Arlington, Virginia 22203; Henderson, NC, PRT–085085. fax 703/358–2281. with Section 552b of Title 5, United The applicant requests a permit to FOR FURTHER INFORMATION CONTACT: States Code, that a meeting of the John import the sport-hunted trophy of one H. Chafee Blackstone River Valley Division of Management Authority, cheetah (Acinonyx jubatus) taken in National Heritage Corridor Commission telephone 703/358–2104. Namibia, for the purpose of the will be held on Friday, March 04, 2005. SUPPLEMENTARY INFORMATION: enhancement of the survival of the The Commission was established species. pursuant to Public Law 99–647. The Endangered Species Applicant: Emanuel Gerstein, West purpose of the Commission is to assist The public is invited to comment on Palm Beach, FL, PRT–080455. federal, state and local authorities in the the following applications for a permit development and implementation of an to conduct certain activities with The applicant requests a permit to integrated resource management plan endangered species. This notice is import the sport-hunted trophy of one for those lands and waters within the provided pursuant to section 10(c) of cheetah (Acinonyx jubatus) taken in Corridor. the Endangered Species Act of 1973, as Namibia, for the purpose of the enhancement of the survival of the The meeting will convene on March 04, amended (16 U.S.C. 1531, et seq.). 2005 at 7 p.m. at the Commission Office at Written data, comments, or requests for species. One Depot Square, Woonsocket, RI 02895 for copies of these complete applications Applicant: Renee Snider, Elk Grove, CA, the following reasons: should be submitted to the Director PRT–080078. 1. By-Law Amendment (address above). The applicant requests a permit to 2. Election of Officers import the sport-hunted trophy of one It is anticipated that about twenty-five Applicant: Philip A. Spulnik, Waldport, people will be able to attend the session in OR, PRT–096533. female cheetah (Acinonyx jubatus) addition to the Commission members. The applicant requests a permit to taken in Namibia, for the purpose of the Interested persons may make oral or import the sport-hunted trophy of one enhancement of the survival of the written presentations to the Commission or male bontebok (Damaliscus pygargus species. file written statements. Such requests should pygargus) culled from a captive herd Applicant: Stephen D. Hornady, Grand be made prior to the meeting to: Michael Island, NE, PRT–081325. Creasey, Executive Director, John H. Chafee, maintained under the management Blackstone River Valley National Heritage program of the Republic of South Africa, The applicant requests a permit to Corridor Commission, One Depot Square, for the purpose of enhancement of the import the sport-hunted trophy of one Woonsocket, RI 02895, Tel.: (401) 762–0250. survival of the species. straight-horned markhor (Capra Further information concerning this Applicant: Blair R. Hamilton, Spanish falconeri megaceros) taken in the meeting may be obtained from Michael Fork, UT, PRT–097801. Torghar Hills region of Pakistan, for the Creasey, Executive Director of the purpose of the enhancement of the Commission at the aforementioned address. The applicant requests a permit to import the sport-hunted trophy of one survival of the species. Elizabeth McConnell, male bontebok (Damaliscus pygargus Applicant: Harry D. Nicholson, Sr., Chief of Administration, BRVNHCC. pygargus) culled from a captive herd Corsicana, TX, PRT–090959. [FR Doc. 05–2671 Filed 2–10–05; 8:45 am] maintained under the management The applicant requests a permit to BILLING CODE 4310–RK–P program of the Republic of South Africa, import the sport-hunted trophy of one
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Karaganda argali (Ovis ammon collium) ADDRESSES: Documents and other program of the Republic of South Africa, taken in the Republic of Kazakhstan, for information submitted with these for the purpose of enhancement of the the purpose of the enhancement of the applications are available for review, survival of the species. survival of the species. subject to the requirements of the Marine Mammals Privacy Act and Freedom of Information Marine Mammals Act, by any party who submits a written The public is invited to comment on The public is invited to comment on request for a copy of such documents the following application for a permit to the following application for a permit to within 30 days of the date of publication conduct certain activities with marine conduct certain activities with marine of this notice to: U.S. Fish and Wildlife mammals. The application was mammals. The application was Service, Division of Management submitted to satisfy requirements of the submitted to satisfy requirements of the Authority, 4401 North Fairfax Drive, Marine Mammal Protection Act of 1972, Marine Mammal Protection Act of 1972, Room 700, Arlington, Virginia 22203; as amended (16 U.S.C. 1361, et seq.), as amended (16 U.S.C. 1361, et seq.), fax 703/358–2281. and the regulations governing marine and the regulations governing marine FOR FURTHER INFORMATION CONTACT: mammals (50 CFR part 18). Written mammals (50 CFR Part 18). Written Division of Management Authority, data, comments, or requests for copies data, comments, or requests for copies telephone 703/358–2104. of the complete application or requests of the complete applications or requests for a public hearing on this application SUPPLEMENTARY INFORMATION: for a public hearing on these should be submitted to the Director applications should be submitted to the Endangered Species (address above). Anyone requesting a Director (address above). Anyone The public is invited to comment on hearing should give specific reasons requesting a hearing should give the following applications for a permit why a hearing would be appropriate. specific reasons why a hearing would be to conduct certain activities with The holding of such a hearing is at the appropriate. The holding of such a endangered species. This notice is discretion of the Director. hearing is at the discretion of the Director. provided pursuant to section 10(c) of PRT–098679 the Endangered Species Act of 1973, as Applicant: Brian Hansen, Punta Gorda, Applicant: San Francisco Zoological amended (16 U.S.C. 1531, et seq.). FL. Garden, San Francisco, CA, PRT– Written data, comments, or requests for 097957. copies of these complete applications The applicant requests a permit to The applicant requests a permit to should be submitted to the Director import a polar bear (Ursus maritimus) import biological samples from free (address above). sport-hunted from the Southern ranging wild polar bears (Ursus Beaufort Sea polar bear population in maritimus) in Norway, for the purpose PRT–097882 Canada for personal, noncommercial of scientific research. This notification Applicant: Bonnie Ringo, Cave Junction, use. covers activities to be conducted by the Oregon. Dated: January 28, 2005. applicant over a five-year period. The applicant requests a permit to Michael L. Carpenter, Concurrent with the publication of export three tigers (Panthera tigris) to this notice in the Federal Register, the Senior Permit Biologist, Branch of Permits, the Papanack Park Zoo in Wendover, Division of Management Authority. Division of Management Authority is Ontario, Canada, for conservation forwarding copies of the above [FR Doc. 05–2681 Filed 2–10–05; 8:45 am] education and enhancement of the BILLING CODE 4310–55–P application to the Marine Mammal survival of the species. Commission and the Committee of Scientific Advisors for their review. PRT–098184 DEPARTMENT OF THE INTERIOR Dated: February 4, 2005. Applicant: Bonnie Ringo, Cave Junction, Michael S. Moore, Oregon. U.S. Geological Survey Senior Permit Biologist, Branch of Permits, The applicant requests a permit to Division of Management Authority. import one male tiger (Panthera tigris) National Cooperative Geologic [FR Doc. 05–2680 Filed 2–10–05; 8:45 am] from the Zoological Garden of Buenos Mapping Program (NCGMP) Advisory Committee BILLING CODE 4310–55–P Aires, Argentina, for breeding and conservation education. AGENCY: U.S. Geological Survey. ACTION: DEPARTMENT OF THE INTERIOR PRT–097864 Notice of meeting. Applicant: Oklahoma City Zoological SUMMARY: Pursuant to Pub. L. 106–148, Fish and Wildlife Service Park, Oklahoma City, OK. the NCGMP Advisory committee will Receipt of Applications for Permit The applicant requests a permit to meet in Room 7000 B of the Main import two live female captive-born Interior Building, 1849 C Street, NW., AGENCY: Fish and Wildlife Service, jaguars (Panthera onca) from La Aurora Washington, DC. The Advisory Interior. Zoo, Guatemala City, Guatemala, for the Committee, composed of scientists from ACTION: Notice of receipt of applications purpose of enhancement of the survival Federal agencies, State agencies, for permit. of the species. academic institutions, and private PRT–098671 companies, will advise the Director of SUMMARY: The public is invited to the U.S. Geological Survey on planning comment on the following applications Applicant: Michael Remesch, Chagrin and implementation of the geologic to conduct certain activities with Falls, OH. mapping program. endangered species and/or marine The applicant requests a permit to Topics to be reviewed and discussed mammals. import the sport-hunted trophy of one by the Advisory Committee include the: DATES: Written data, comments or male bontebok (Damaliscus pygargus • Progress of the NCGMP towards requests must be received by March 14, pygargus) culled from a captive herd fulfilling the purposes of the National 2005. maintained under the management Geologic Mapping Act of 1992
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• Updates on the Federal, State, and DATES: This seasonal closure will be motorized vehicles reduces impacts to educational components of the NCGMP effective annually from January 1 wintering big game. • Strategic Goals through April 30. The following BLM-administered DATES: March 24–25, 2005 commencing lands are included in this closure: FOR FURTHER INFORMATION CONTACT: • The Raymond Mountain WSA, at 9 a.m. on March 24 and adjourning Wally Mierzejewski, Outdoor Recreation located approximately 15 miles north of by 5 p.m. on March 25. Planner, or Dale Wondercheck, Wildlife Cokeville and contains 32,956 acres. FOR FURTHER INFORMATION CONTACT: Biologist, Bureau of Land Management, • The Slate Creek area including all Laurel Bybell, U.S. Geological Survey, 312 Highway 189 North, Kemmerer, BLM-administered lands south of 908 National Center, Reston, Virginia Wyoming 83101. Mr. Mierzejewski or Fontenelle Creek, west and north of 20192 (703) 648–5281. Mr. Wondercheck may also be contacted Route 189, and east of the crest of Slate SUPPLEMENTARY INFORMATION: Meetings by telephone at 307–828–4500. of the National Cooperative Geologic Creek Ridge, and contains 111,100 SUPPLEMENTARY INFORMATION: The acres. Mapping Program Advisory Committee • are open to the Public. Kemmerer Resource Management Plan The Rock Creek area including all (RMP) Final Environmental Impact BLM-administered lands south of P. Patrick Leahy, Statement (FEIS) and Record of Decision County Road 204 (Pine Creek Road), Associate Director for Geology, U.S. (ROD) states that big game winter ranges west of the crest of Dempsey Ridge, west Geological Survey. may be closed to minimize stress to of Fossil Butte National Monument, [FR Doc. 05–2721 Filed 2–10–05; 8:45 am] wintering animals. Prior to effecting north and east of Highway 30, and BILLING CODE 4310–17–M seasonal closures the BLM must consult contains 105,750 acres. annually with the Wyoming Game and • The Bridger Creek area including all Fish Department. If conditions warrant, BLM-administered lands south of DEPARTMENT OF THE INTERIOR the BLM Kemmerer Field Manager may Highway 30, west of Fossil Ridge, west implement a seasonal closure on certain of Bear River Divide, north of the Bureau of Land Management BLM-administered lands and travel Uinta—Lincoln County line, east of the [WY–090–1220–MA] ways including existing roads and two- Utah—Wyoming border, and southeast track trails, to all types of motorized of Highway 89, and contains 98,400 Notice of Seasonal Closure of Public vehicle travel (i.e., snowmobiles, all- acres. Lands to Motorized Vehicle Use terrain vehicles, any vehicle including Maps of these areas will be posted trucks, sport utility vehicles and cars, with this notice at key locations that AGENCY: Bureau of Land Management, motorcycles etc.). Crucial big game provide access into the closure areas, as Interior. winter range as identified in the well as at the Kemmerer Field Office, ACTION: Notice of seasonal closure of Kemmerer RMP may be closed annually 312 Highway 189 North, Kemmerer, certain public lands located in Lincoln from January 1 through April 30. Use of Wyoming 83101–9710. County, Wyoming, to all types of motor these areas by non-motorized means is Seasonal closure orders may be vehicle use. still allowed. implemented as provided in 43 CFR, SUMMARY: Pursuant to 43 Code of The BLM Kemmerer Field Office is subparts 8341.2 and 8364.1. Violations Federal Regulations (CFR) subpart 8364, responsible for management of crucial of this closure are punishable by a fine the Bureau of Land Management (BLM) winter range habitat located on public not to exceed $1000, and/or announces its intentions to close certain lands within Lincoln County. The imprisonment not to exceed 12 months. BLM-administered public lands to all Raymond Mountain WSA, Slate Creek, Dated: December 21, 2004. types of motor vehicle use during the Rock Creek, and Bridger Creek areas are Robert A. Bennett, period of January 1 through April 30, crucial wintering ranges for elk, moose, State Director. annually. This seasonal closure is antelope, and mule deer. Reasons for the [FR Doc. 05–2638 Filed 2–10–05; 8:45 am] needed to protect public lands and closure include the effects of persistent BILLING CODE 4310–22–P resources and to minimize stress to drought and/or severe winter conditions wintering elk, moose, pronghorn which threaten the health of these antelope and mule deer. wintering wildlife species. Low forage DEPARTMENT OF THE INTERIOR This seasonal closure affects public production associated with persistent lands located within the Raymond drought conditions causes animals to go Bureau of Land Management Mountain Wilderness Study Area into winter in poor condition. Losses of (WSA), Slate Creek, Rock Creek, and wintering habitat from development [WY–100–04–1310–DB] Bridger Creek winter ranges. Except for activity can reduce the area available to Notice of Availability of a Draft travel on highways or county roads, the wintering animals. These impacts to Environmental Impact Statement for motorized vehicle travel within these wintering wildlife are compounded by the Jonah Infill Drilling Project, areas will be allowed only by written significant human activity, such as day Sublette County, WY authorization from the Kemmerer Field and night wildlife observation, still and Manager. Personnel of the BLM, video photography, snowmobiling, and AGENCY: Bureau of Land Management, Wyoming Game and Fish Department, antler gathering. Because of the Interior. U.S. Department of Agriculture-APHIS increased stress the presence of ACTION: Notice of availability of a Draft & Forest Service, U.S. Fish & Wildlife motorized vehicles inflicts on wintering Environmental Impact Statement (DEIS) Service, and law enforcement personnel big game during difficult winter periods, for the proposed Jonah Infill Drilling are exempt from this closure only when the number of animals that could die Project and notice of public performing official duties. Operators of and the rate of aborting of fetuses on the involvement meeting for the purposes of existing oil and gas facilities may winter range can increase. This providing comment on the DEIS. perform maintenance and pumping, as decreases production of young during approved, and livestock operators may the following summer. Therefore, SUMMARY: Under the National perform permitted activities. closing crucial winter range to Environmental Policy Act (NEPA), the
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Federal Land Policy and Management The BLM will announce public drilling and development of an Act of 1976 (FLPMA) and associated meetings and other opportunities to additional 1,250 wells to drilling and regulations, the Bureau of Land submit comments on this project at least development of an additional 3,100 Management (BLM) in cooperation with 15 days prior to the event. wells. Well location spacing would be the State of Wyoming, announces the Announcements will be made through dictated by the geologic conditions, availability of a DEIS that evaluates, local news media and the Pinedale Field such as geologic formations and the analyzes, and discloses to the public Office’s Web site; http:// location of gas resources. Well pad direct, indirect, and cumulative www.wy.blm.gov/pfo/info.htm. These spacing would vary from one well pad environmental impacts of a proposal to meetings will provide the public with per 5 acres to one well pad per 20 acres. continue to develop a natural gas field the opportunity to submit oral or The DEIS describes in detail and by increasing the density of well written comments on the DEIS to the analyzes the impacts of eight locations by drilling additional wells. BLM. alternatives, in addition to the No Action Alternative and the Companies’ This practice is known as ‘‘infill’’ ADDRESSES: A copy of the DEIS has been Proposed Action. The following is a drilling. sent to affected Federal, State and local summary of the alternatives: The Jonah Infill Drilling Project (JIDP) government agencies and to interested 1. No Action Alternative—No area is located approximately 32 miles parties. additional development would be An electronic copy of the DEIS may southeast of Pinedale and 28 miles authorized beyond what is currently be viewed or downloaded from the BLM northwest of Farson, Sublette County, authorized as recorded in the March Web site at http://www.wy.blm.gov/pfo. Wyoming. The JIDP area is 2000 decision made for Modified Jonah Copies of the DEIS are available for approximately 30,200 acres in II Project. Townships 29 and 30 North, Range 114 public inspection at the following BLM 2. Proposed Action—Up to 3,100 new West, 6th Principal Meridian. The DEIS office locations: • wells would be drilled and developed. analyzes a proposal made by EnCana Oil Bureau of Land Management, Well pad location spacing would & Gas (USA) Inc., (EnCana) and BP Wyoming State Office, 5353 depend on geologic conditions. Drilling America Production Company (BP), Yellowstone Road, Cheyenne, rate would be up to 250 wells per year. referred to collectively as ‘‘the Wyoming. Operator-committed mitigation • Bureau of Land Management, Companies,’’ to increase development of measures would be applied. Federal natural gas resources in an area Pinedale Field Office, 432 East Mill 3. Alternative A—This alternative known as the Jonah Field. The Street, Pinedale, Wyoming. proposes to maximize economic Companies’ proposal includes drilling FOR FURTHER INFORMATION CONTACT: recovery of gas resources. Up to 3,100 up to 3,100 natural gas wells from Contact Ms. Carol Kruse, Project new wells would be drilled and existing and new well pads, at a Manager, BLM Pinedale Field Office, developed. Well pad location would minimum well pad density of 64 well 432 East Mill Street, Pinedale, Wyoming depend on geologic conditions. Drilling pads per aliquot section (1 wellpad/10 82941. Ms. Kruse may also be reached and well development rates would vary acres), and at a rate of 250 wells per at (307) 367–5352. between 75 and 250 wells per year. No year. The infill drilling is expected to be SUPPLEMENTARY INFORMATION: In ‘‘operator-committed’’ mitigation concentrated in a 21,000 acre portion of response to a proposal submitted by the measures would apply, but some BLM- the Jonah Field. The proposed life of Companies, the BLM published in the standard mitigation measures would be project (LOP) is 70 to 80 years with the March 13, 2003, Federal Register a applied. majority of drilling and development Notice of Intent (NOI) to prepare an 4. Alternative B—This alternative activities to occur within the first 8 to Environmental Impact Statement (EIS) proposes activities that would minimize 12 years following approval. The and notice of the potential for surface disturbance within the project proposal also includes constructing or amendment of the Pinedale Resource area. No new well pads would be upgrading associated ancillary Management Plan (RMP). constructed and existing well pads transportation and transmission As described in the NOI, the would be expanded to accommodate facilities within the 30,200 acres project Companies’ original proposal to drill additional directionally drilled wells as area. The total project area is comprised 450 wells in addition to 47 existing appropriate. Drilling and well of: Approximately 28,280 acres of wells at the same number of well development rates would vary between Federal surface and mineral estate locations was approved by the BLM in 75 and 250 wells per year. The administered by the BLM; 1,280 acres of the Environmental Assessment (EA), Companies would agree to some State of Wyoming surface and minerals; Finding of No Significant Impact and ‘‘operator committed’’ mitigation and and 640 acres of private surface Decision Record for the Modified Jonah some mitigation measures would be ownership with Federal mineral (split Field II Natural Gas Project, March 2000 required in addition to standard estate). (Modified Jonah Field II EA). In mitigation measures. September 2002, the Companies Under the provisions of NEPA, the 5. Alternative C—This alternative submitted a proposal to drill and State of Wyoming assisted in the proposes activities that would allow a develop an additional 1,250 wells from preparation of the DEIS as a cooperating moderate level of surface disturbance. 850 well pad locations within the same agency. Up to 1,250 new wells would be drilled area analyzed in the Modified Jonah and developed. Drilling and DATES: The DEIS will be available for Field II EA. This proposal was based on development rates would vary between review for 60 calendar days following a well pad spacing of one well pad per 75 and 250 wells per year. The the date that the Environmental 20 to 10 acres. (32 to 64 wells per Companies would agree to some Protection Agency (EPA) publishes its aliquot section). In November 2003, the ‘‘operator committed’’ mitigation and Notice of Availability (NOA) in the Companies submitted a revision to their some mitigation measures would be Federal Register. The BLM can best use proposal; this revised proposal is required in addition to standard your comments and resource described and analyzed as the mitigation measures. information within the 60 day review ‘‘Proposed Action’’ alternative. The 6. Alternative D—This alternative period provided above. Companies revised their proposal from proposes activities that would allow an
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intermediate level of surface years beginning with project beginning of your written comments. disturbance. Up to 2,200 new well pads authorization through reclamation. Such requests will be honored to the would be drilled and developed. Disposition of Potential for extent allowed by law. We will not Drilling and development rates would Amendment of the Pinedale RMP: Based consider anonymous comments. All vary between 75 and 250 wells per year. on a review of information and submissions from organizations or The Companies would agree to some comments received in response to the businesses will be made available for ‘‘operator committed’’ mitigation and NOI and during the preparation of the public inspection in their entirety. some mitigation measures would be DEIS, the Pinedale Field Manager has required in addition to standard determined that this proposal is in Robert A. Bennett, mitigation measures. conformance with the Pinedale RMP State Director. 7. Alternative E—This alternative (1988). Postponing this DEIS until the [FR Doc. 05–2636 Filed 2–10–05; 8:45 am] proposes to restrict well pad spacing to Pinedale RMP revisions, that are BILLING CODE 4310–22–P 16 well pads per aliquot section or 1 currently underway, are completed, well pad per 40 acres. Up to 3,100 new would not be in the public interest nor wells and up to 266 new well pads a timely agency response to the DEPARTMENT OF THE INTERIOR would be drilled and developed. Companies’ proposal made in 2001. Bureau of Land Management Drilling and well development rates Therefore, no amendment to the would vary between 75 and 250 wells Pinedale RMP will be made as a result [WY–100–05–1310–DB] per year. The Companies would agree to of analyses conducted for this DEIS. some ‘‘operator committed’’ mitigation Notice of Meeting of the Pinedale How To Submit Comments and some mitigation measures would be Anticline Working Group’s required in addition to standard The BLM welcomes your comments Transportation Task Group on the JIDP DEIS. The BLM asks that mitigation measures. AGENCY: Bureau of Land Management, those submitting comments make them 8. Alternative F—This alternative Interior. proposes to restrict well pad spacing to as specific as possible with reference to ACTION: 32 well pads per aliquot section, or 1 chapters, page numbers, and paragraphs Notice of public meeting. well pad per 20 acres. Up to 3,100 new in the DEIS document. Comments that SUMMARY: In accordance with the wells and up to 1,208 well pads would contain only opinions or preferences Federal Land Policy and Management be drilled and developed. Drilling and will not receive a formal response; Act (1976) and the Federal Advisory well development rates would vary however, they will be considered, and Committee Act (1972), the U.S. between 75 and 250 wells per year. The included, as part of the BLM decision- Department of the Interior, Bureau of Companies would agree to some making process. The most useful Land Management (BLM) Pinedale ‘‘operator committed’’ mitigation and comments will contain new technical or Anticline Working Group (PAWG) some mitigation measures would be scientific information, identify data gaps Transportation Task Group required in addition to standard in the impact analysis, or provide (subcommittee) will meet in Pinedale, mitigation measures. technical or scientific rationale for Wyoming, for a business meeting. Task 9. Alternative G—This alternative opinions or preferences. Group meetings are open to the public. proposes to restrict well pad spacing to Written comments may be mailed DATES: A PAWG Transportation Task 64 well pads per aliquot section, or 1 directly or delivered to the BLM at: Group meeting is scheduled for March well pad per 10 acres. The Companies Jonah Infill Drilling Project DEIS, 8, 2005, from 1 p.m. until 5 p.m. would agree to some ‘‘operator Project Manager, Bureau of Land committed’’ mitigation and some Management, Pinedale Field Office, 432 ADDRESSES: The meeting of the PAWG mitigation measures would be required East Mill Street, P.O. Box 768, Pinedale, Transportation Task Group will be held in addition to standard mitigation Wyoming 82941. in the Board Room of the Pinedale measures. You may send comments Library at 155 S. Tyler Ave., Pinedale, 10. Agency Preferred Alternative— electronically to WY. This alternative would allow up to [email protected]. Please FOR FURTHER INFORMATION CONTACT: Bill 3,100 new wells from a variable number put ‘‘Attention: Carol Kruse’’ in the Wadsworth, BLM/Transportation TG of well pads to be drilled and subject line. Comments submitted by Liaison, Bureau of Land Management, developed. Three drilling density zones facsimile will not be accepted or Pinedale Field Office, 432 E. Mills St., in the project area would govern surface considered. PO Box 738, Pinedale, WY, 82941; 307– well pad location. The drilling rate is To receive full consideration by the 367–5341. 250 well per year. In addition to BLM all DEIS comment submittals must SUPPLEMENTARY INFORMATION: The ‘‘operator committed’’ mitigation on- include the commenter’s name and Pinedale Anticline Working Group site, the Companies would agree to street address. (PAWG) was authorized and established conduct off-site mitigation and an Comments, including the names and with release of the Record of Decision accelerated reclamation schedule. street addresses of each respondent, will (ROD) for the Pinedale Anticline Oil Features common to all action be available for public review at the and Gas Exploration and Development alternatives: Exploration of unexplored BLM office listed above during regular Project on July 27, 2000. The PAWG formations; inclusion of the north half business hours (8 a.m. to 4:30 p.m.), advises the BLM on the development of Section 23, T. 28 N., R. 109 W. as a Monday through Friday, except for and implementation of monitoring plans similar action for analysis purposes; Federal holidays. Your comments may and adaptive management decisions as development of ancillary facilities, be published as part of the EIS process. development of the Pinedale Anticline including but not limited to a new ware- Individual respondents may request Natural Gas Field (PAPA) proceeds for yard, expansion of existing compressor confidentiality. If you wish to withhold the life of the field. stations, and new/expanded water your name or street address, or both, After the ROD was issued, Interior disposal facilities; some degree of from public review or from disclosure determined that a Federal Advisory upgrade of the Burma Road; and an under the Freedom of Information Act, Committees Act (FACA) charter was average Life of Field (LOF) of 70 to 80 you must state this prominently at the required for this group. The charter was
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signed by Secretary of the Interior, Gale $166 to reimburse the Department for included in the SUPPLEMENTARY Norton, on August 15, 2002, and the cost of this Federal Register notice. INFORMATION section of this notice. renewed on August 13, 2004. An The lessees have met all the Comments on the Proposed Plan and announcement of committee initiation requirements for reinstatement of the Final EIS may be submitted to Medford and call for nominations was published lease as set out in Section 31(d) and (e) District Office, Attn: Howard Hunter, in the Federal Register on February 21, of the Mineral Lands Leasing Act of Project Manager, at the address listed 2003, (68 FR 8522). PAWG members 1920 (30 U.S.C. 188), and the Bureau of below. were appointed by Secretary Norton on Land Management is proposing to ADDRESSES: Copies of the CSNM PRMP/ May 4, 2004. reinstate lease WYW141360 effective FEIS have been sent to affected Federal, At their second business meeting, the April 1, 2004, under the original terms state, and local government agencies PAWG established seven resource- or and conditions of the lease and the and to known interested parties. The activity-specific Task Groups, including increased rental and royalty rates cited PRMP/FEIS is available for public one for Transportation. Public above. BLM has not issued a valid lease inspection at the Medford District Office participation on the Task Groups was affecting the lands. in Medford, Oregon, during regular solicited through the media, letters, and Theresa M. Stevens, business hours (7:45 a.m. to 4:30 p.m., word-of-mouth. Land Law Examiner. Monday through Friday, except The agenda for this meeting will holidays). Interested persons may also [FR Doc. 05–2637 Filed 2–10–05; 8:45 am] include information gathering and review the PRMP/FEIS on the Internet at discussion related to implementation BILLING CODE 4310–22–P http://www.or.blm.gov/Medford/CSNM. and funding of the adopted FOR FURTHER INFORMATION CONTACT: transportation monitoring plan for the DEPARTMENT OF THE INTERIOR Howard Hunter, Project Manager, Pinedale Anticline gas field. At a Bureau of Land Management, 3040 minimum, public comments will be Bureau of Land Management Biddle Road, Medford, Oregon, 97504, heard just prior to adjournment of the telephone (541–618–2256) or fax (541– meeting. Notice of Availability of the Cascade- 734–2400). Siskiyou National Monument Proposed Dated: February 2, 2005. SUPPLEMENTARY INFORMATION: The Priscilla E. Mecham, Resource Management Plan and Final Environmental Impact Statement proposed management described in the Field Office Manager. PRMP/FEIS was developed based on the [FR Doc. 05–2639 Filed 2–10–05; 8:45 am] AGENCY: Bureau of Land Management, four alternatives examined in the Draft BILLING CODE 4310–22–P Interior. RMP/EIS (2002) and subsequent public ACTION: Notice of availability. review and comment on the Draft RMP/ EIS (June 2002–December 2002). DEPARTMENT OF THE INTERIOR SUMMARY: In accordance with the The proposed management detailed in Federal Land Policy and Management the FEIS addresses vegetation Bureau of Land Management Act (FLPMA) of 1976 and the National management, transportation and access, Environmental Policy Act (NEPA) of [WY–920–1310–01; WYW141360] livestock grazing, recreation, visitor use, 1969, the Bureau of Land Management facilities, and rights-of-way. The PRMP Notice of Proposed Reinstatement of (BLM) has prepared a Proposed describes a management strategy for Terminated Oil and Gas Lease Resource Management Plan (PRMP) and meeting the primary goals of the Final Environmental Impact Statement proclamation. An approved RMP/ AGENCY: Bureau of Land Management, (FEIS) for the Cascade-Siskiyou National Record of Decision is expected to be Interior. Monument (CSNM). This planning available for the public by February ACTION: Notice of proposed activity encompasses approximately 2005 after resolution of any protests. reinstatement of terminated oil and gas 52,947 acres of public land located in Comments on the Draft RMP/EIS lease. Jackson County in southwestern Oregon. received from the public and internal The BLM has and will continue to work BLM review comments were SUMMARY: Under the provisions of 30 closely with all interested parties to incorporated into the proposed plan U.S.C. 188(d) and (e), and 43 CFR identify management decisions that best where appropriate. Public comments 3108.2–3(a) and (b)(1), the Bureau of protect public lands in the monument. resulted in some additional analysis and Land Management (BLM) received a Final decisions will supercede the the addition of clarifying text, but did petition for reinstatement of oil and gas Medford District Resource Management not significantly change proposed land lease WYW141360 for lands in Plan completed in 1995 for lands within use decisions. Sweetwater County, Wyoming. The the CSNM area and provide direction Instructions for filing a protest with petition was filed on time and was for management of these public lands. the Director of the BLM regarding the accompanied by all the rentals due DATES: Publication of the Environmental PRMP/FEIS may be found at 43 CFR since the date the lease terminated Protection Agency (EPA) Notice of 1610.5. A protest may only raise those under the law. Availability initiates a 30 day protest issues which were submitted for the FOR FURTHER INFORMATION CONTACT: period. BLM Planning Regulations (43 record during the planning process. E- Bureau of Land Management, Theresa CFR 1610.5–2) states that any person mail and faxed protests will not be M. Stevens, Land Law Examiner, at who participated in the planning accepted as valid protests unless the (307) 775–6167. process, and has an interest that may be protesting party also provides the SUPPLEMENTARY INFORMATION: The adversely affected, may protest. The original letter by either regular or lessees have agreed to the amended protest must be filed within 30 days of overnight mail postmarked by the close lease terms for rentals and royalties at the date that the EPA publishes this of the protest period. Under these rates of $10.00 per acre or fraction notice in the Federal Register. conditions, BLM will consider the e- thereof, per year and 162⁄3 percent, Instructions for filing of protests are mail or faxed protest as an advance copy respectively. The lessees have paid the described in the ‘‘Dear Interested Party’’ and it will receive full consideration. If required $500 administrative fee and letter of the CSNM PRMP/FEIS and you wish to provide BLM with such
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advance notification, please direct faxed Individual respondents may request Sale and several supporting and protests to the attention of the BLM confidentiality. Respondents who wish essential documents referenced herein protest coordinator at 202–452–5112 to withhold name and/or street address from the MMS Gulf of Mexico Region and emails to Brenda_Hudgens- from public review or from disclosure Public Information Unit, 1201 Elmwood [email protected]. Please direct the under FOIA, must state this Park Boulevard, New Orleans, Louisiana follow-up letter to the appropriate prominently at the beginning of the 70123–2394, (504) 736–2519 or (800) address provided below. To be written comment. Such request will be 200–GULF, or via the MMS Internet considered complete, your protest must honored to the extent allowed by law. Web site at http://www.mms.gov. contain (at minimum) the following All submissions from organizations or Filing Of Bids: Bidders must submit information: businesses, and from individuals sealed bids to the Regional Director (1) Name, mailing address, telephone identifying themselves as (RD), MMS Gulf of Mexico Region, 1201 number and the affected interest of the representatives or official organizations Elmwood Park Boulevard, New Orleans, person filing the protest(s). or business, will be made available for Louisiana 70123–2394, between 8 a.m. (2) A statement of the part or parts of public inspection in their entirety. and 4 p.m. on normal working days, and the proposed plan and issues being The Director will promptly render a from 8 a.m. to the Bid Submission protested. To the extent possible, this decision on the protest. This decision should be done by reference specific will be in writing and will be sent to the Deadline of 10 a.m. on Tuesday, March pages, paragraphs, and sections of the protesting party by certified mail, return 15, 2005. If the bids are mailed, please FEIS. receipt requested. The decision of the address the envelope containing all of (3) A copy of all documents Director shall be the final decision of the sealed bids as follows: addressing the issue or issues which the Department of the Interior. Attention: Supervisor, Sales and were submitted during the planning Support Unit (MS 5422), Leasing process or a reference to the date the Timothy B. Reuwsaat, Activities Section, MMS Gulf of Mexico issue or issues were discussed by the Medford District Manager, Bureau of Land Region, 1201 Elmwood Park Boulevard, person participating for the record. Management. New Orleans, Louisiana 70123–2394. (4) A concise statement explaining [FR Doc. 05–2634 Filed 2–10–05; 8:45 am] Contains Sealed Bids for Oil and Gas why the proposed decision is believed BILLING CODE 4310–33–P Lease Sale 194. to be incorrect. This is a critical part of your protest. Document all relevant Please Deliver to Ms. Jane Burrell facts, as much as possible. A protest DEPARTMENT OF THE INTERIOR Johnson, Room 311, Immediately. merely expressing disagreement with Minerals Management Service Please note: Bidders mailing their bid(s) the State Director’s proposed decision are advised to call Ms. Jane Burrell Johnson without providing any supporting data Outer Continental Shelf (OCS) Central (504) 736–2811 immediately after putting will not be considered a valid protest. Gulf of Mexico (GOM) Oil and Gas their bid(s) in the mail. All protests must be in writing and Lease Sale 194 mailed to the following address: If the Regional Director receives bids Regular Mail: Director, WO–210/LS– AGENCY: Minerals Management Service, later than the time and date specified 1075, Bureau of Land Management, Interior. above, he will return those bids Attn: Brenda Hudgens-Williams, ACTION: Final Notice of Sale (FNOS) 194. unopened to bidders. Bidders may not Department of the Interior, P.O. Box modify or withdraw their bids unless SUMMARY: On March 16, 2005, the MMS 66538, Washington DC, 20240. the RD receives a written modification Overnight Mail: Director, WO–210/LS– will open and publicly announce bids or written withdrawal request prior to 1075, Bureau of Land Management, received for blocks offered in Central 10 a.m. on Tuesday, March 15, 2005. Attn: Brenda Hudgens-Williams, GOM Oil and Gas Lease Sale 194, Should an unexpected event such as Department of Interior, 1620 L Street pursuant to the OCS Lands Act (43 flooding or travel restrictions be U.S.C. 1331–1356, as amended) and the NW., Suite 1075, Washington, DC significantly disruptive to bid regulations issued thereunder (30 CFR 20036. submission, the MMS Gulf of Mexico part 256). Region may extend the Bid Submission To be considered timely, your protest The Final Notice of Sale 194 Package must be postmarked no later than the Deadline. Bidders may call (504) 736– (FNOS 194 Package) contains 0557 for information about the possible last day of the protest period. Though information essential to bidders, and not a requirement, we suggest you send extension of the Bid Submission bidders are charged with the knowledge Deadline due to such an event. your protest by certified mail, return of the documents contained in the receipt requested. You are also Package. Areas Offered for Leasing: The MMS encouraged, but not required, to forward is offering for leasing all blocks and a copy of your protest to the Project DATES: Public bid reading will begin at partial blocks listed in the document Manager at the address listed below. 9 a.m., Wednesday, March 16, 2005, in ‘‘Blocks Available for Leasing in Central This may allow us to resolve the protest the Hyatt Regency Conference Center GOM Oil and Gas Lease Sale 194’’ through clarification of intent or (Cabildo Rooms), 500 Poydras Plaza, included in the FNOS 194 Package. All alternative dispute resolution methods. New Orleans, Louisiana. All times of these blocks are shown on the Please note that comments and referred to in this document are local following Leasing Maps and Official protests, including names and street New Orleans times, unless otherwise Protraction Diagrams (which may be addresses, are available for public specified. purchased from the MMS Gulf of review and/or release under the ADDRESSES: Bidders can obtain an FNOS Mexico Region Public Information Freedom of Information Act (FOIA). 194 Package containing this Notice of Unit):
Outer Continental Shelf Leasing Maps—Louisiana Map Numbers 1 through 12 (These 30 maps sell for $2.00 each.) LA1 West Cameron Area (Revised November 1, 2000). LA1A West Cameron Area, West Addition (Revised November 1, 2000). LA1B West Cameron Area, South Addition (Revised November 1, 2000).
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LA2 East Cameron Area (Revised November 1, 2000). LA2A East Cameron Area, South Addition (Revised November 1, 2000). LA3 Vermilion Area (Revised November 1, 2000). LA3A South Marsh Island Area (Revised November 1, 2000). LA3B Vermilion Area, South Addition (Revised November 1, 2000). LA3C South Marsh Island Area, South Addition (Revised November 1, 2000). LA3D South Marsh Island Area, North Addition (Revised November 1, 2000). LA4 Eugene Island Area (Revised November 1, 2000). LA4A Eugene Island Area, South Addition (Revised November 1, 2000). LA5 Ship Shoal Area (Revised November 1, 2000). LA5A Ship Shoal Area, South Addition (Revised November 1, 2000). LA6 South Timbalier Area (Revised November 1, 2000). LA6A South Timbalier Area, South Addition (Revised November 1, 2000). LA6B South Pelto Area (Revised November 1, 2000). LA6C Bay Marchand Area (Revised November 1, 2000). LA7 Grand Isle Area (Revised November 1, 2000). LA7A Grand Isle Area, South Addition (Revised February 17, 2004). LA8 West Delta Area (Revised November 1, 2000). LA8A West Delta Area, South Addition (Revised November 1, 2000). LA9 South Pass Area (Revised November 1, 2000). LA9A South Pass Area, South and East Addition (Revised November 1, 2000). LA10 Main Pass Area (Revised November 1, 2000). LA10A Main Pass Area, South and East Addition (Revised November 1, 2000). LA10B Breton Sound Area (Revised November 1, 2000). LA11 Chandeleur Area (Revised November 1, 2000). LA11A Chandeleur Area, East Addition (Revised November 1, 2000). LA12 Sabine Pass Area (Revised November 1, 2000). Outer Continental Shelf Official Protraction Diagrams (These 10 diagrams sell for $2.00 each.) NG15–03 Green Canyon (Revised November 1, 2000). NG15–06 Walker Ridge (Revised November 1, 2000). NG15–09 Amery Terrace (Revised October 25, 2000). NG16–01 Atwater Valley (Revised November 1, 2000). NG16–04 Lund (Revised November 1, 2000). NG16–07 Lund South (Revised November 1, 2000). NH15–12 Ewing Bank (Revised November 1, 2000). NH16–04 Mobile (Revised November 1, 2000). NH16–07 Viosca Knoll (Revised November 1, 2000). NH16–10 Mississippi Canyon (Revised November 1, 2000).
Please Note: A CD–ROM (in ARC/INFO such blocks is found in the document amended (92 Stat. 629), hereinafter and Acrobat (pdf) format) containing all of ‘‘Central Gulf of Mexico Lease Sale called ‘‘the Act’’; all regulations issued the GOM Leasing Maps and Official 194—Unleased Split Blocks and pursuant to the Act and in existence Protraction Diagrams, except for those not yet converted to digital format, is available from Available Unleased Acreage of Blocks upon the Effective Date of the lease; all the MMS Gulf of Mexico Region Public with Aliquots and Irregular Portions regulations issued pursuant to the Information Unit for a price of $15. For the Under Lease or Deferred’’ included in statute in the future which provide for current status of all Central GOM Leasing the FNOS 194 Package. the prevention of waste and Maps and Official Protraction Diagrams, Areas Not Available for Leasing: The conservation of the natural resources of please refer to 66 FR 28002 (published May following whole and partial blocks are the OCS and the protection of 21, 2001) and 69 FR 23211 (published April not offered for lease in this lease sale: correlative rights therein; and all other 28, 2004). In addition, Supplemental Official • Blocks which are beyond the applicable statutes and regulations. OCS Block Diagrams (SOBDs) for these United States Exclusive Economic Zone blocks are available for blocks which contain Lease Terms and Conditions: Initial the ‘‘U.S. 200 Nautical Mile Limit’’ line and in the area known as the Northern period, extensions of initial period, the ‘‘U.S.-Mexico Maritime Boundary’’ line. portion of the Eastern Gap: minimum bonus bid amount, rental These SOBDs are also available from the Lund South (Area NG16–07) rates, royalty rates, minimum royalty, MMS Gulf of Mexico Region Public and royalty suspension areas are shown Information Unit. For additional information, Blocks: 172 and 173; 213 through 217; on the map ‘‘Lease Terms and Economic please call Ms. Tara Montgomery (504) 736– 252 through 261; 296 through 305; 5722. Conditions, Lease Sale 194, Final’’ for 349 leases resulting from this lease sale: All blocks are shown on these Leasing • Whole and partial blocks which lie Initial Period: 5 years for blocks in Maps and Official Protraction Diagrams. within the 1.4 nautical mile buffer zone water depths of less than 400 meters; 8 The available Federal acreage of all north of the continental shelf boundary years for blocks in water depths of 400 whole and partial blocks in this lease between the United States and Mexico: sale is shown in the document ‘‘List of to less than 800 meters; and 10 years for Blocks Available for Leasing in Lease Amery Terrace (Area NG15–09) blocks in water depths of 800 meters or Sale 194’’ included in the FNOS 194 Whole Blocks: 280 and 281; 318 through deeper; Package. Some of these blocks may be 320; 355 through 359 Extensions of Initial Period: partially leased or transected by Partial Blocks: 235 through 238; 273 Extensions may be granted for eligible administrative lines such as the Federal/ through 279; 309 through 317 leases on blocks in water depths less State jurisdictional line. A bid on a Statutes and Regulations: Each lease than 400 meters as specified in NTL No. block must include all of the available issued in this lease sale is subject to the 2000–G22; Federal acreage of that block. Also, OCS Lands Act of August 7, 1953, 67 Minimum Bonus Bid Amount: A information on the unleased portions of Stat. 462; 43 U.S.C. 1331 et seq., as bonus bid will not be considered for
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acceptance unless it provides for a cash Use of Seabed and Water Column in the dollar amount if the calculation results bonus in the amount of $25 or more per Vicinity of an Approved Offshore in a decimal figure (see next paragraph). acre or fraction thereof for blocks in Liquefied Natural Gas (LNG) Deepwater Please note: The minimum bonus bid water depths of less than 400 meters or Port Receiving Terminal; and (8) Below calculation, including all rounding, is shown $37.50 or more per acre or fraction Seabed Operations on Mississippi in the document ‘‘List of Blocks Available for thereof for blocks in water depths of 400 Canyon Block 920. Please see the Leasing in Lease Sale 194’’ included in the meters or deeper; see ‘‘List of Blocks ‘‘Stipulations and Deferred Blocks, FNOS 194 Package. Available for Leasing’’ contained in the Lease Sale 194, Final’’ map. The texts of Bonus Bid Deposit: Each bidder FNOS 194 Package to confirm the exact the lease stipulations are contained in submitting an apparent high bid must calculation of the minimum bonus bid the document ‘‘Lease Stipulations for submit a bonus bid deposit to the MMS amount for each block; Oil and Gas Lease Sale 194, Final’’ equal to one-fifth of the bonus bid Rental Rates: $5 per acre or fraction included in the FNOS 194 Package. amount for each such bid. Under the thereof for blocks in water depths of less Information to Lessees: The FNOS 194 authority granted by 30 CFR 256.46(b), than 200 meters and $7.50 per acre or Package contains an ‘‘Information To the MMS requires bidders to use fraction thereof for blocks in water Lessees’’ document which provides electronic funds transfer procedures for depths of 200 meters or deeper, to be detailed information on certain specific payment of one-fifth bonus bid deposits paid on or before the first day of each issues pertaining to this oil and gas for Lease Sale 194, following the lease year until a discovery in paying lease sale. detailed instructions contained in the quantities of oil or gas, then at the Method of Bidding: For each block bid document ‘‘Instructions for Making EFT expiration of each lease year until the upon, a bidder must submit a separate Bonus Payments’’ included in the FNOS start of royalty-bearing production; signed bid in a sealed envelope labeled 194 Package. All payments must be Royalty Rates: 16–2/3 percent royalty ‘‘Sealed Bid for Oil and Gas Lease Sale electronically deposited into an interest- rate for blocks in water depths of less 194, not to be opened until 9 a.m., bearing account in the U.S. Treasury than 400 meters and a 12–1/2 percent Wednesday, March 16, 2005.’’ The total (account specified in the EFT royalty rate for blocks in water depths amount of the bid must be in a whole of 400 meters or deeper, except during instructions) by 1:00 p.m. Eastern Time dollar amount; any cent amount above periods of royalty suspension, to be paid the day following bid reading. Such a the whole dollar will be ignored by the monthly on the last day of the month deposit does not constitute and shall not MMS. Details of the information next following the month during which be construed as acceptance of any bid required on the bid(s) and the bid the production is obtained; on behalf of the United States. If a lease Minimum Royalty: After the start of envelope(s) are specified in the is awarded, however, MMS requests that royalty-bearing production: $5 per acre document ‘‘Bid Form and Envelope’’ only one transaction be used for or fraction thereof per year for blocks in contained in the FNOS 194 Package. payment of the four-fifths bonus bid water depths of less than 200 meters The MMS published in the Federal amount and the first year’s rental. and $7.50 per acre or fraction thereof Register a list of restricted joint bidders, Please note: Certain bid submitters (i.e., per year for blocks in water depths of which applies to this lease sale, at 69 FR those that are NOT currently an OCS mineral 200 meters or deeper, to be paid at the 61402 on October 18, 2004. Bidders lease record title holder or designated expiration of each lease year with credit must execute all documents in operator OR those that have ever defaulted applied for actual royalty paid during conformance with signatory on a one-fifth bonus bid payment (EFT or the lease year. If actual royalty paid authorizations on file in the MMS Gulf otherwise)) are required to guarantee (secure) their one-fifth bonus bid payment prior to the exceeds the minimum royalty of Mexico Region Adjudication Unit. Partnerships also must submit or have submission of bids. For those who must requirement, then no minimum royalty secure the EFT one-fifth bonus bid payment, payment is due; on file a list of signatories authorized to one of the following options may be used: (1) Royalty Suspension Areas: Royalty bind the partnership. Bidders Provide a third-party guarantee; (2) Amend suspension, subject to deep gas price submitting joint bids must include on development bond coverage; (3) Provide a thresholds, will apply to blocks in water the bid form the proportionate interest letter of credit; or (4) Provide a lump sum depths less than 200 meters where deep of each participating bidder, stated as a payment in advance via EFT. The EFT gas (typically 15,000 feet or greater percentage, using a maximum of five instructions specify the requirements for subsea) is drilled and commences decimal places, e.g., 33.33333 percent. each option. production before May 3, 2009. In The MMS may require bidders to submit Withdrawal of Blocks: The United addition, subject to both oil and gas other documents in accordance with 30 States reserves the right to withdraw price thresholds, royalty suspension CFR 256.46. The MMS warns bidders any block from this lease sale prior to will apply in water depths of 400 meters against violation of 18 U.S.C. 1860 issuance of a written acceptance of a bid or deeper. See the map ‘‘Lease Terms prohibiting unlawful combination or for the block. and Economic Conditions, Lease Sale intimidation of bidders. Bidders are Acceptance, Rejection, or Return of 194, Final’’ for specific areas and the advised that the MMS considers the Bids: The United States reserves the ‘‘Royalty Suspension Provisions, Lease signed bid to be a legally binding right to reject any and all bids. In any Sale 194, Final’’ document contained in obligation on the part of the bidder(s) to case, no bid will be accepted, and no the FNOS 194 Package for specific comply with all applicable regulations, lease for any block will be awarded to details regarding royalty suspension including payment of the one-fifth any bidder, unless the bidder has eligibility, applicable price thresholds bonus bid amount on all high bids. A complied with all requirements of this and implementation. statement to this effect must be included Notice, including the documents Lease Stipulations: One or more of on each bid (see the document ‘‘Bid contained in the associated FNOS 194 eight lease stipulations apply: (1) Form and Envelope’’ contained in the Package and applicable regulations; the Topographic Features; (2) Live Bottoms; FNOS 194 Package). bid is the highest valid bid; and the (3) Military Areas; (4) Blocks South of Rounding: The following procedure amount of the bid has been determined Baldwin County, Alabama; (5) Law of must be used to calculate the minimum to be adequate by the authorized officer. the Sea Convention Royalty Payment; bonus bid, annual rental, and minimum Any bid submitted which does not (6) Protected Species; (7) Limitation on royalty: Round up to the next whole conform to the requirements of this
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Notice, the Act, and other applicable reprocessed pre- and post-stack depth DEPARTMENT OF THE INTERIOR regulations may be returned to the migrated geophysical data and person submitting that bid by the RD information in its possession or control Minerals Management Service and not considered for acceptance. The and used in the evaluation of that block. Outer Continental Shelf (OCS) Eastern Attorney General may also review the The existence, extent (i.e., number of results of the lease sale prior to the Gulf of Mexico (GOM) Oil and Gas line miles for 2D or number of blocks for Lease Sale 197 acceptance of bids and issuance of 3D) and type of such data and leases. To ensure that the Government information must be clearly identified. AGENCY: Minerals Management Service, receives a fair return for the conveyance The statement must include the name Interior. of lease rights for this lease sale, high and phone number of a contact person, ACTION: Final notice of sale (FNOS) 197. bids will be evaluated in accordance and an alternate, knowledgeable about with MMS bid adequacy procedures. A SUMMARY: On March 16, 2005, the MMS copy of current procedures, the depth data sets (that were processed will open and publicly announce bids ‘‘Modifications to the Bid Adequacy or reprocessed to correct for depth) used received for blocks offered in Eastern Procedures’’ at 64 FR 37560 on July 12, in evaluating the block. In the event GOM Oil and Gas Lease Sale 197, 1999, can be obtained from the MMS such data and information includes data pursuant to the OCS Lands Act (43 Gulf of Mexico Region Public sets from different timeframes, you U.S.C. 1331–1356, as amended) and the Information Unit. should identify only the most recent regulations issued thereunder (30 CFR Successful Bidders: As required by data set used for block evaluations. Part 256). The Final Notice of Sale 197 the MMS, each company that has been The statement must also identify each Package (FNOS 197 Package) contains awarded a lease must execute all copies block upon which a bidder participated information essential to bidders, and of the lease (Form MMS–2005 (March in a bid but for which it does not bidders are charged with the knowledge 1986) as amended), pay by EFT the possess or control such depth data and of the documents contained in the balance of the bonus bid amount and information. Package. the first year’s rental for each lease DATES: Public bid reading for Eastern issued in accordance with the Every bidder must submit a separate Geophysical Data and Information GOM Oil and Gas Lease Sale 197 will requirements of 30 CFR 218.155, and begin after the public bid reading for Statement in a sealed envelope. The satisfy the bonding requirements of 30 Central GOM Oil and Gas Lease Sale envelope should be labeled CFR part 256, subpart I, as amended. 194 which will begin at 9 a.m., Also, in accordance with regulations ‘‘Geophysical Data and Information Wednesday, March 16, 2005, in the at 43 CFR, part 42, subpart C, the lessee Statement for Oil and Gas Lease Sale Hyatt Regency Conference Center shall comply with the U.S. Department 194’’ and the bidder’s name and (Cabildo Rooms), 500 Poydras Plaza, of the Interior’s nonprocurement qualification number must be clearly New Orleans, Louisiana. All times debarment and suspension requirements identified on the outside of the referred to in this document are local and agrees to communicate this envelope. This statement must be New Orleans times, unless otherwise requirement to comply with these submitted to the MMS at the Gulf of specified. regulations to persons with whom the Mexico Regional Office, Attention: lessee does business as it relates to this ADDRESSES: Bidders can obtain a FNOS Resource Evaluation (1201 Elmwood lease by including this term as a 197 Package containing this Notice of Park Boulevard, New Orleans, Louisiana condition to enter into their contracts Sale and several supporting and and other transactions. 70123–2394) by 10 a.m. on Tuesday, essential documents referenced herein Affirmative Action: The MMS March 15, 2005. The statement may be from the MMS Gulf of Mexico Region requests that, prior to bidding, Equal submitted in conjunction with the bids Public Information Unit, 1201 Elmwood Opportunity Affirmative Action or separately. Do not include this Park Boulevard, New Orleans, Louisiana Representation Form MMS 2032 (June statement in the same envelope 70123–2394, (504) 736–2519 or (800) 1985) and Equal Opportunity containing a bid. These statements will 200–GULF, or via the MMS Internet Compliance Report Certification Form not be opened until after the public bid Web site at http://www.mms.gov. MMS 2033 (June 1985) be on file in the reading at Lease Sale 194 and will be Filing of Bids: Bidders must submit MMS Gulf of Mexico Region kept confidential. An Example of sealed bids to the Regional Director Adjudication Unit. This certification is Preferred Format for the Geophysical (RD), MMS Gulf of Mexico Region, 1201 required by 41 CFR part 60 and Data and Information Statement is Elmwood Park Boulevard, New Orleans, Executive Order No. 11246 of included in the FNOS 194 Package. Louisiana 70123–2394, between 8 a.m. September 24, 1965, as amended by and 4 p.m. on normal working days, and Please refer to NTL No. 2003–G05 for Executive Order No. 11375 of October from 8 a.m. to the Bid Submission 13, 1967. In any event, prior to the more detail concerning submission of Deadline of 10 a.m. on Tuesday, March execution of any lease contract, both the Geophysical Data and Information 15, 2005. If the bids are mailed, please forms are required to be on file in the Statement, making the data available to address the envelope containing all of MMS Gulf of Mexico Region the MMS following the lease sale, the sealed bids as follows: Adjudication Unit. preferred format, reimbursement for Attention: Supervisor, Sales and Geophysical Data and Information costs, and confidentiality. Support Unit (MS 5422), Leasing Statement: Pursuant to 30 CFR 251.12, Dated: February 3, 2005. Activities Section, MMS Gulf of Mexico Region, 1201 Elmwood Park Boulevard, the MMS has a right to access R.M. ‘‘Johnnie’’ Burton, geophysical data and information New Orleans, Louisiana 70123–2394. collected under a permit in the OCS. Director, Minerals Management Service. Contains Sealed Bids for Oil and Gas Every bidder submitting a bid on a block [FR Doc. 05–2770 Filed 2–10–05; 8:45 am] Lease Sale 197, Please Deliver to Ms. in Sale 194, or participating as a joint BILLING CODE 4310–MR–P Jane Burrell Johnson, Room 311, bidder in such a bid, must submit a Immediately. Geophysical Data and Information Please note: Bidders mailing their bid(s) Statement identifying any processed or are advised to call Ms. Jane Burrell Johnson
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(504) 736–2811 immediately after putting disruptive to bid submission, the MMS Longitude and which range from 100 to their bid(s) in the mail. Gulf of Mexico Region may extend the 196 miles south of Alabama, and from If the RD receives bids later than the Bid Submission Deadline. Bidders may about 70 to 148 miles offshore time and date specified above, he will call (504) 736–0557 for information Louisiana. Please see the map included return those bids unopened to bidders. about the possible extension of the Bid in the FNOS 197 Package: ‘‘Lease Bidders may not modify or withdraw Submission Deadline due to such an Terms, Economic Conditions, and their bids unless the RD receives a event. Stipulations, Sale 197, Final.’’ All of written modification or written Areas Offered for Leasing: The MMS these blocks are shown on the following withdrawal request prior to 10 a.m. on is offering for leasing all of the unleased Official Protraction Diagrams (which Tuesday, March 15, 2005. Should an whole blocks located within the portion may be purchased from the MMS Gulf unexpected event such as flooding or of the Eastern GOM Planning Area that of Mexico Region Public Information travel restrictions be significantly is west of 87 degrees 30 minutes West Unit):
Outer Continental Shelf Official Protraction Diagrams (These diagrams sell for $2.00 each.) NG16–02 Lloyd Ridge (revised November 1, 2000). NH16–11 De Soto Canyon (revised November 1, 2000).
Please Note: A CD–ROM (in ARC/INFO conservation of the natural resources of for specific details regarding royalty and Acrobat (pdf) format) containing all of the OCS and the protection of suspension eligibility, applicable price the GOM Leasing Maps and Official correlative rights therein; and all other thresholds, and implementation. Protraction Diagrams, except for those not yet Lease Stipulations: Four lease converted to digital format, is available from applicable statutes and regulations. the MMS Gulf of Mexico Region Public Lease Terms and Conditions: Initial stipulations apply: (1) Military Areas; Information Unit for a price of $15. For period, minimum bonus bid amount, (2) Evacuation; (3) Coordination; and (4) additional information, please call Ms. Tara rental rates, royalty rates, minimum Protected Species. Please refer to the Montgomery (504) 736–5722. royalty, and royalty suspension area are map, ‘‘Lease Terms, Economic All blocks are shown on these two shown on the map ‘‘Lease Terms, Conditions, and Stipulations, Lease Sale Official Protraction Diagrams. The Economic Conditions, and Stipulations, 197, Final’’ in the FNOS 197 Package. available Federal acreage of all blocks in Lease Sale 197, Final’’ for leases The texts of the lease stipulations are this lease sale is shown in the document resulting from this lease sale: contained in the document ‘‘Lease ‘‘List of Blocks Available for Leasing in Initial Period: 10 years; Stipulations for Oil and Gas Lease Sale Sale 197’’ included in the FNOS 197 Minimum Bonus Bid Amount: A 197, Final’’ included in the FNOS 197 Package. A bid on a block must include bonus bid will not be considered for Package. all of the available Federal acreage of acceptance unless it provides for a cash Information To Lessees: The FNOS that block. bonus in the amount of $37.50 or more 197 Package contains an ‘‘Information Areas Not Available for Leasing: The per acre or fraction thereof; see ‘‘List of To Lessees’’ document which provides following whole blocks located within Blocks Available for Leasing’’ contained detailed information on certain specific the sale area are currently leased and are in the FNOS 197 Package to confirm the issues pertaining to this oil and gas therefore not available for bid in this exact calculation of the minimum bonus lease sale. lease sale: bid amount for each block; Method of Bidding: For each block bid De Soto Canyon Blocks 133, 134, 135, Rental Rates: $7.50 per acre or upon, a bidder must submit a separate 136, 137, 177, 178, 179, 180, 181, 182, fraction thereof, to be paid on or before signed bid in a sealed envelope labeled 223, 224, 225, 226, 267, 268, 269, 270, the first day of each lease year until a ‘‘Sealed Bid for Oil and Gas Lease Sale 309, 311, 313, 314, 353, 354, 397, 398, discovery in paying quantities of oil or 197, not to be opened until 9 a.m., 401, 402, 443, 445, 446, 447, 485, 486, gas, then at the expiration of each lease Wednesday, March 16, 2005.’’ The total 487, 488, 489, 490, 491, 529, 530, 534, year until the start of royalty-bearing amount of the bid must be in a whole 535, 573, 574, 576, 577, 578, 617, 618, production; dollar amount; any cent amount above 619, 620, 621, 622, 623, 624, 662, 663, Royalty Rates: 12 1⁄2 percent royalty the whole dollar will be ignored by the 664, 665, 666, 668, 706, 707, 709, 710, rate, except during periods of royalty MMS. Details of the information 751, 793, 794, 796, 798, 837, 838, 840, suspension, to be paid monthly on the required on the bid(s) and the bid 842, 843, 883, 887, 927, 929, 932, 970, last day of the month next following the envelope(s) are specified in the 971, 972, 975, 976. month during which the production is document ‘‘Bid Form and Envelope’’ Lloyd Ridge Blocks 1, 2, 5, 6, 7, 45, obtained; contained in the FNOS 197 Package. 46, 47, 48, 49, 50, 51, 52, 91, 94, 95, 96, Minimum Royalty: After the start of The MMS published in the Federal 133, 134, 135, 136, 137, 139, 140, 177, royalty-bearing production: $7.50 per Register a list of restricted joint bidders, 183, 221, 265, 267, 268, 309, 315, 316, acre or fraction thereof per year, to be which applies to this lease sale, at 69 FR 354, 355, 359, 360, 399, 400, 401, 402, paid at the expiration of each lease year 61402 on October 18, 2004. Bidders 443, 444, 445, 446. with credit applied for actual royalty must execute all documents in Statutes and Regulations: Each lease paid during the lease year. If actual conformance with signatory issued in this lease sale is subject to the royalty paid exceeds the minimum authorizations on file in the MMS Gulf OCS Lands Act of August 7, 1953, 67 royalty requirement, then no minimum of Mexico Region Adjudication Unit. Stat. 462; 43 U.S.C. 1331 et seq., as royalty payment is due; Partnerships also must submit or have amended (92 Stat. 629), hereinafter Royalty Suspension Area: Royalty on file a list of signatories authorized to called ‘‘the Act’’; all regulations issued suspension of 12 million barrels of oil bind the partnership. Bidders pursuant to the Act and in existence equivalent, subject to both oil and gas submitting joint bids must include on upon the Effective Date of the lease; all price thresholds, will apply to all leases the bid form the proportionate interest regulations issued pursuant to the in this lease sale. Please see the map of each participating bidder, stated as a statute in the future which provide for ‘‘Lease Terms, Economic Conditions, percentage, using a maximum of five the prevention of waste and and Stipulations, Lease Sale 197, Final’’ decimal places, e.g., 33.33333 percent.
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The MMS may require bidders to submit Withdrawal of Blocks: The United Adjudication Unit. This certification is other documents in accordance with 30 States reserves the right to withdraw required by 41 CFR 60 and Executive CFR 256.46. The MMS warns bidders any block from this lease sale prior to Order No. 11246 of September 24, 1965, against violation of 18 U.S.C. 1860 issuance of a written acceptance of a bid as amended by Executive Order No. prohibiting unlawful combination or for the block. 11375 of October 13, 1967. In any event, intimidation of bidders. Bidders are Acceptance, Rejection, or Return of prior to the execution of any lease advised that the MMS considers the Bids: The United States reserves the contract, both forms are required to be signed bid to be a legally binding right to reject any and all bids. In any on file in the MMS Gulf of Mexico obligation on the part of the bidder(s) to case, no bid will be accepted, and no Region Adjudication Unit. comply with all applicable regulations, lease for any block will be awarded to Geophysical Data and Information including payment of the one-fifth any bidder, unless the bidder has Statement: Pursuant to 30 CFR 251.12, bonus bid amount on all high bids. A complied with all requirements of this the MMS has a right to access statement to this effect must be included Notice, including the documents geophysical data and information on each bid (see the document ‘‘Bid contained in the associated FNOS 197 collected under a permit in the OCS. Form and Envelope’’ contained in the Package and applicable regulations; the Every bidder submitting a bid on a block FNOS 197 Package). bid is the highest valid bid; and the in Sale 197, or participating as a joint Rounding: The following procedure amount of the bid has been determined bidder in such a bid, must submit a must be used to calculate the minimum to be adequate by the authorized officer. Geophysical Data and Information bonus bid, annual rental, and minimum Any bid submitted which does not Statement identifying any processed or royalty: Round up to the next whole conform to the requirements of this reprocessed pre- and post-stack depth dollar amount if the calculation results Notice, the Act, and other applicable migrated geophysical data and in a decimal figure (see next paragraph). regulations may be returned to the information in its possession or control person submitting that bid by the RD Please note: The minimum bonus bid and used in the evaluation of that block. and not considered for acceptance. The The existence, extent (i.e., number of calculation, including all rounding, is shown Attorney General may also review the in the document ‘‘List of Blocks Available for line miles for 2D or number of blocks for Leasing in Lease Sale 197’’ included in the results of the lease sale prior to the 3D) and type of such data and FNOS 197 Package. acceptance of bids and issuance of information must be clearly identified. leases. To ensure that the Government The statement must include the name Bonus Bid Deposit: Each bidder receives a fair return for the conveyance submitting an apparent high bid must and phone number of a contact person, of lease rights for this lease sale, high and an alternate, knowledgeable about submit a bonus bid deposit to the MMS bids will be evaluated in accordance equal to one-fifth of the bonus bid the depth data sets (that were processed with MMS bid adequacy procedures. A or reprocessed to correct for depth) used amount for each such bid. Under the copy of current procedures, in evaluating the block. In the event authority granted by 30 CFR 256.46(b), ‘‘Modifications to the Bid Adequacy such data and information includes data the MMS requires bidders to use Procedures’’ at 64 FR 37560 on July 12, sets from different timeframes, you electronic funds transfer procedures for 1999, can be obtained from the MMS should identify only the most recent payment of one-fifth bonus bid deposits Gulf of Mexico Region Public data set used for block evaluations. for Lease Sale 197, following the Information Unit. detailed instructions contained in the Successful Bidders: As required by The statement must also identify each document ‘‘Instructions for Making EFT the MMS, each company that has been block upon which a bidder participated Bonus Payments’’ included in the FNOS awarded a lease must execute all copies in a bid but for which it does not 197 Package. All payments must be of the lease (Form MMS–2005 (March possess or control such depth data and electronically deposited into an interest- 1986) as amended), pay by EFT the information. bearing account in the U.S. Treasury balance of the bonus bid amount and Every bidder must submit a separate (account specified in the EFT the first year’s rental for each lease Geophysical Data and Information instructions) by 1 p.m. eastern time the issued in accordance with the Statement in a sealed envelope. The day following bid reading. Such a requirements of 30 CFR 218.155, and envelope should be labeled deposit does not constitute and shall not satisfy the bonding requirements of 30 ‘‘Geophysical Data and Information be construed as acceptance of any bid CFR 256, Subpart I, as amended. Statement for Oil and Gas Lease Sale on behalf of the United States. If a lease Also, in accordance with regulations 197’’ and the bidder’s name and is awarded, however, MMS requests that at 43 CFR, part 42, subpart C, the lessee qualification number must be clearly only one transaction be used for shall comply with the U.S. Department identified on the outside of the payment of the four-fifths bonus bid of the Interior’s nonprocurement envelope. This statement must be amount and the first year’s rental. debarment and suspension requirements submitted to the MMS at the Gulf of Mexico Regional Office, Attention: Please note: Certain bid submitters (i.e., and agrees to communicate this those that are NOT currently an OCS mineral requirement to comply with these Resource Evaluation (1201 Elmwood lease record title holder or designated regulations to persons with whom the Park Boulevard, New Orleans, Louisiana operator OR those that have ever defaulted lessee does business as it relates to this 70123–2394) by 10 a.m. on Tuesday, on a one-fifth bonus bid payment (EFT or lease by including this term as a March 15, 2005. The statement may be otherwise)) are required to guarantee (secure) condition to enter into their contracts submitted in conjunction with the bids their one-fifth bonus bid payment prior to the and other transactions. or separately. Do not include this submission of bids. For those who must Affirmative Action: The MMS statement in the same envelope secure the EFT one-fifth bonus bid payment, requests that, prior to bidding, Equal containing a bid. These statements will one of the following options may be used: Opportunity Affirmative Action not be opened until after the public bid (1) Provide a third-party guarantee; (2) Amend development bond coverage; (3) Representation Form MMS 2032 (June reading at Lease Sale 197 and will be Provide a letter of credit; or (4) Provide a 1985) and Equal Opportunity kept confidential. An Example of lump sum payment in advance via EFT. The Compliance Report Certification Form Preferred Format for the Geophysical EFT instructions specify the requirements for MMS 2033 (June 1985) be on file in the Data and Information Statement is each option. MMS Gulf of Mexico Region included in the FNOS 197 Package.
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Please refer to NTL No. 2003–G05 for number (202) 514–1547. In requesting a and Technology, U.S. Department of more detail concerning submission of copy, please enclose a check in the Commerce. the Geophysical Data and Information amount of $43.00 (with attachments) or Dorothy B. Fountain, Statement, making the data available to $24.25 (without attachments) for United the MMS following the lease sale, Deputy Director of Operations, Antitrust States v. Port of Tacoma, Occidental Division. preferred format, reimbursement for Chemical Corporation, Mariana [FR Doc. 05–2733 Filed 2–10–05; 8:45 am] costs, and confidentiality. Properties, Inc., and Pioneer Americas, BILLING CODE 4410–11–M Dated: February 3, 2005. LLC, (25 cents per page reproduction R.M. ‘‘Johnnie’’ Burton, cost) payable to the U.S. Treasury. DEPARTMENT OF JUSTICE Director, Minerals Management Service. Robert Maher, [FR Doc. 05–2771 Filed 2–10–05; 8:45 am] Assistant Section Chief, Environmental Antitrust Division BILLING CODE 4310–MR–P Enforcement Section. [FR Doc. 05–2724 Filed 2–10–05; 8:45 am] Notice Pursuant to the National BILLING CODE 4410–15–M Cooperative Research and Production DEPARTMENT OF JUSTICE Act of 1993—American Industrial Hygiene Association Notice of Lodging of Consent Decree DEPARTMENT OF JUSTICE Pursuant to the Comprehensive Notice is hereby given that, on September 17, 2004, pursuant to Section Environmental Response, Antitrust Division Compensation, and Liability Act 6(a) of the National Cooperative Research and Production Act of 1993, In accordance with Departmental Notice Pursuant to the National Cooperative Research and Production 15 U.S.C. 4301 et seq. (‘‘the Act’’), policy, 28 CFR § 50.7, notice is hereby American Industrial Hygiene Act of 1993—Active Fuel and Emission given that a proposed consent decree in Association (‘‘AIHA’’) has filed written Control Teaming Agreement Under United States v. Port of Tacoma, notifications simultaneously with the Occidental Chemical Corporation, Award No. 70NANB4H3038 Attorney General and the Federal Trade Mariana Properties, Inc., and Pioneer Commission disclosing (1) the name and Notice is hereby given that, on Americas, LLC, Civil Action No. 3:05– principal place of business of the CV–05103 FDB was lodged on February January 12, 2005, pursuant to section standards development organization 8, 2005 with the United States District 6(a) of the National Cooperative and (2) the nature and scope of its Court for the Western District of Research and Production Act of 1993, standards development activities. The Washington. This consent decree 15 U.S.C. 4301 et seq. (‘‘the Act’’), notifications were filed for the purpose requires the defendants to perform Active Fuel and Emission Control of invoking the Act’s provisions limiting injunctive relief, requiring the cleanup Teaming Agreement under Award No. the recovery of antitrust plaintiffs to of the Head of the Hylebos Waterway 70NANB4H3038 (‘‘ATV JV’’) has filed actual damages under specified Problem Area of the Commencement written notifications simultaneously circumstances. Bay/Nearshore Tideflats Superfund Site. with the Attorney General and the Pursuant to Section 6(b) of the Act, The Department of Justice will Federal Trade Commission disclosing the name and principal place of receive, for a period of thirty (30) days (1) the identities of the parties to the business of the standards development from the date of this publication, venture and (2) the nature and organization is: American Industrial comments relating to the proposed objectives of the venture. The Hygiene Association, Fairfax, VA. The consent decree. Comments should be notifications were filed for the purpose nature and scope of AIHA’s standards addressed to the Assistant Attorney of invoking the Act’s provisions limiting development activities are: development General, Environmental and Natural the recovery of antitrust plaintiffs to of standards for the design, operation, Resources Division, P.O. Box 7611, U.S. actual damages under specified and maintenance of equipment to Department of Justice, Washington, DC circumstances. provide a safe atmosphere in industrial, 20044–7611, and should refer to United manufacturing, or construction States v. Atofina Chemicals, Inc., and Pursuant to section 6(b) of the Act, the operations by removing harmful General Metals of Tacoma, Inc., DOJ identities of the parties to the venture substances by either local exhaust or Ref. 90–11–2–726/2. are: Glennan Microsystems Inc., general ventilation and safely disposing The proposed consent decree may be Cleveland, OH; Case Western Reserve of such substances, and such examined at the office of the United University, Cleveland, OH; ZIN, Inc., supplementary standards on personal States Attorney, 601 Union Street, Suite Brook Park, OH; and Delavan Inc., a protection as may be necessary to 5100, Seattle, WA 98101 and at U.S. wholly owned subsidiary of Goodrich prescribe methods for the protection of EPA Region 10, 1200 Sixth Avenue, Corporation d/b/a Turbine Fuel workers. AIHA also develops a standard Seattle, WA 98101. During the comment Technologies, West Des Moines, IA. The of management principles and systems period, the consent decree may be general area of the ATV JV’s planned to help organizations design and examined on the following Department activity is to develop an Active Fuel and implement deliberate and documented of Justice Web site, http:// Emission Control Technology approaches to continuously improve www.usdoj.gov/enrd/open.html. Copies Demonstrator for gas turbine engines their occupational health and safety of the consent decree also may be based on Silicon Carbide microsystems (OHS) performance. This standard will obtained by mail from the Consent technology that will greatly reduce enable organizations to integrate OHS Decree Library, P.O. Box 7611, U.S. polluting emissions while extending management into their overall business Department of Justice, Washington, DC engine life and preserving fuel management systems, focusing on 20044–7611 or by faxing or e-mailing a efficiency. The activities of this joint principles that are broadly applicable to request to Tonia Fleetwood venture will be partially funded by an organizations of all sizes and types, not ([email protected]), fax No. award from the Advanced Technology on detailed specifications. The standard (202) 514–0097. phone confirmation Program, National Institute of Standards will be compatible with relevant OHS,
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environmental and quality management DEPARTMENT OF JUSTICE Research and Production Act of 1993, standards, and with approaches to OHS 15 U.S.C. 4301 et seq. (‘‘the Act’’), the management in common use in the U.S. Antitrust Division Institute of Electrical and Electronics AIHA also develops safe practices and Engineers (‘‘IEEE’’) has filed written requirements for using respirators for Notice Pursuant to the National notifications simultaneously with the the protection of the respiratory system Cooperative Research and Production Attorney General and the Federal Trade from the inhalation of particulate Act of 1993—ASTM International— Commission disclosing additions or matter, oxygen deficiencies, noxious Standards changes to its standards development gases and vapors. AIHA also develops Notice is hereby given that, on activities. The notifications were filed programs, practices, procedures and January 21, 2005, pursuant to Section for the purpose of extending the Act’s equipment related to industrial 6(a) of the National Cooperative provisions limiting the recovery of respiratory protection. Research and Production Act of 1993, antitrust plaintiffs to actual damages under specified circumstances. Dorothy B. Fountain, 15 U.S.C. 4301 et seq. (‘‘the Act’’), ASTM International—Standards Specifically, 22 new standards have Deputy Director or Operations, Antitrust (‘‘ASTM’’) has filed written notifications been initiated and 13 existing standards Division. simultaneously with the Attorney have been amended. More detail [FR Doc. 05–2727 Filed 2–10–05; 8:45 am] General and the Federal Trade regarding these changes can be found at BILLING CODE 4410–11–M Commission disclosing additions or http://standards.ieee.org/db/status/ changes to its standards development index.shtml. activities. The notifications were filed DEPARTMENT OF JUSTICE On September 17, 2004, IEEE filed its for the purpose of extending the Act’s original notification pursuant to section Antitrust Division provisions limiting the recovery of 6(a) of the Act. The Department of antitrust plaintiffs to actual damages Justice published a notice in the Federal Notice Pursuant to the National under specified circumstances. Register pursuant to section 6(b) of the Cooperative Research and Production Specifically, ASTM has provided an Act on November 3, 2004 (69 FR 64105). Act of 1993—American Society of updated list of current, ongoing ASTM Dorothy B. Fountain, Mechanical Engineers standards activities originating after October 15, 2004, designated as Work Deputy Director of Operations, Antitrust Division. Notice is hereby given that, on Items. A complete listing of ASTM December 21, 2004, pursuant to section Work Items, along with a brief [FR Doc. 05–2735 Filed 2–10–05; 8:45 am] 6(a) of the National Cooperative description of each, is available at http: BILLING CODE 4410–11–M Research and Production Act of 1993, //www.astm.org. 15 U.S.C. 4301 et seq. (‘‘the Act’’), On September 15, 2004, ASTM filed DEPARTMENT OF JUSTICE American Society of Mechanical its original notification pursuant to Section 6(a) of the Act. The Department Engineers (‘‘ASME’’) has filed written Antitrust Division notifications simultaneously with the of Justice published a notice in the Attorney General and the Federal Trade Federal Register pursuant to Section Notice Pursuant to the National Commission disclosing additions or 6(b) of the Act on November 10, 2004 Cooperative Research and Production changes to its standards development (69 FR 65226). Act of 1993—Interactive Advertising The last notification was filed with activities. The notifications were filed Bureau for the purpose of extending the Act’s the Department on October 15, 2004. A provisions limiting the recovery of notice was published in the Federal Notice is hereby given that, on antitrust plaintiffs to actual damages Register pursuant to Section 6(b) of the January 4, 2005, pursuant to section 6(a) under specified circumstances. Act on February 2, 2005 (70 FR 5482). of the National Cooperative Research For additional information, please Specifically, since September 15, 2004, and Production Act of 1993, 15 U.S.C. contact: Thomas B. O’Brien, Jr., General ASME has revised several consensus 4310 et seq. (‘‘the Act’’), Interactive Counsel, at ASTM International, 100 committee charters; has published Advertising Bureau (‘‘IAB’’) has filed Barr Harbor Drive, West Conshohocken, several new standards; and has initiated written notifications simultaneously PA 19428, telephone #610–832–9597, e- several new standards development with the Attorney General and the mail address [email protected]. projects, all within the general nature Federal Trade Commission disclosing and scope of ASME’s standards Dorothy B. Fountain, additions or changes to its standards development activities, as specified in Deputy Director of Operations, Antitrust development activities. The its original notification. More detail Division. notifications were filed for the purpose regarding these changes can be found at [FR Doc. 05–2726 Filed 2–10–05; 8:45 am] of extending the Act’s provisions http://www.asme.org/codes. BILLING CODE 4410–11–M limiting the recovery of antitrust On September 15, 2004, ASME filed plaintiffs to actual damages under its original notification pursuant to specified circumstances. Specifically, section 6(a) of the Act. The Department DEPARTMENT OF JUSTICE IAB has recently completed the development of standards for: (1) Ad of Justice published a notice in the Antitrust Division Federal Register pursuant to section Measurement Guidelines Version 2.0; (2) Pop-Up Guidelines/Best Practices; 6(b) of the Act on October 13, 2004 (69 Notice Pursuant to the National FR 60895). and (3) Rich Media Guidelines Over-the- Cooperative Research and Production Page Units. IAB is currently developing Dorothy B. Fountain, Act of 1993—Institute of Electrical and standards for Click-Thru Measurement. Electronics Engineers Deputy Director of Operations, Antitrust On September 17, 2004, IAB filed its Division. Notice is hereby given that, on original notification pursuant to section [FR Doc. 05–2737 Filed 2–10–05; 8:45 am] January 14, 2005, pursuant to section 6(a) of the Act. The Department of BILLING CODE 4410–11–M 6(a) of the National Cooperative Justice published a notice in the Federal
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Register pursuant to section 6(b) of the DEPARTMENT OF JUSTICE Research and Production Act of 1993, Act on October 21, 2004 (69 FR 61868). 15 U.S.C. 4301 et seq. (‘‘the Act’’), Antitrust Division Window Covering Manufacturers Dorothy B. Fountain, Association, Inc. (‘‘WCMA’’) has filed Deputy Director of Operations, Antitrust Notice Pursuant to the National written notifications simultaneously Division. Cooperative Research and Production with the Attorney General and the [FR Doc. 05–2734 Filed 2–10–05; 8:45 am] Act of 1993—Semiconductor Test Federal Trade Commission disclosing Consortium, Inc. BILLING CODE 4410–11–M (1) the name and principal place of Notice is hereby given that, on business of the standards development January 12, 2005, pursuant to Section organization and (2) the nature and DEPARTMENT OF JUSTICE 6(a) of the National Cooperative scope of its standards development Research and Production Act of 1993, activities. The notifications were filed Antitrust Division 15 U.S.C. 4301 et seq. (‘‘the Act’’), the for the purpose of invoking the Act’s Semiconductor Test Consortium, Inc., provisions limiting the recovery of Notice Pursuant to the National has filed written notifications antitrust plaintiffs to actual damages Cooperative Research and Production simultaneously with the Attorney under specified circumstances. Act of 1993—North American Laminate General and the Federal Trade Pursuant to Section 6(b) of the Act, Flooring Association Commission disclosing changes in its the name and principal place of membership. The notifications were business of the standards development Notice is hereby given that, on filed for the purpose of extending the organization is: Window Covering January 7, 2005, pursuant to section 6(a) Act’s provisions limiting the recovery of Manufacturers Association, Inc., New of the National Cooperative Research antitrust plaintiffs to actual damages York, NY. The nature and scope of and Production Act of 1993, 15 U.S.C. under specified circumstances. ECMA’s standards development 4301 et seq. (‘‘the Act’’), North Specifically, Genesis Technology, Inc., activities are: developing and American Laminate Flooring Hygo, JAPAN; and LOA Technology, maintaining the ANSI/WCMA A100 Association (‘‘NALFA’’) has filed Southborough, MA have been added as series of standards covering window written notifications simultaneously parties to this venture. Also, Stargen, covering products including Cellular with the Attorney General and the Marlborough, MA has withdrawn as a Shades, Horizontal Blinds, Pleated Federal Trade Commission disclosing party to this venture. Shades, Roll-up Blinds, Roller Shades, Roman Shades, Traverse Rods, and (1) The name and principal place of No other changes have been made in either the membership or planned Vertical Blinds, as well as ANSI/WCMA business of the standards development A101 series. organization and (2) the nature and activity of the group research project. scope of its standards development Membership in this group research Dorothy B. Fountain, project remains open, and activities. The notifications were filed Deputy Director of Operations, Antitrust Semiconductor Test Consortium, Inc. for the purpose of invoking the Act’s Division. intends to file additional written provisions limiting the recovery of [FR Doc. 05–2728 Filed 2–10–05; 8:45 am] notification disclosing all changes in BILLING CODE 4410–11–M antitrust plaintiffs to actual damages membership. under specified circumstances. On May 27, 2003, Semiconductor Test Pursuant to section 6(b) of the Act, the Consortium, Inc., filed its original DEPARTMENT OF LABOR name and principal place of business of notification pursuant to Section 6(a) of the standards development organization the Act. The Department of Justice Employment Standards is: North American Laminate Flooring published a notice in the Federal Administration; Wage and Hour Association, Washington, DC. The Register pursuant to section 6(b) of the Division nature and scope of NALFA’s standards Act on June 17, 2003 (68 FR 35913). development activities are: to provide The last notification was filed with Minimum Wages for Federal and minimum performance requirements for the Department on October 18, 2004. A Federally Assisted Construction; residential and commercial use laminate notice was published in the Federal General Wage Determination Decisions Register pursuant to section 6(b) of the flooring using standard test methods. Act on December 3, 2004 (69 FR 70283). General wage determination decisions Such performance requirements include of the Secretary of Labor are issued in but are not limited to, static load, Dorothy B. Fountain, accordance with applicable law and are thickness, swell, impact resistance, light Deputy Director of Operations, Antitrust based on the information obtained by resistance, cleanability/stain resistance, Division. the Department of Labor from its study wear resistance, dimensional tolerances [FR Doc. 05–2736 Filed 2–10–05; 8:45 am] of local wage conditions and data made and castor chair resistance. The BILLING CODE 4410–11–M available from other sources. They requirement of this standard applies to specify the basic hourly wage rates and laminate flooring upon manufacturer’s fringe benefits which are determined to completion and proper storage until first DEPARTMENT OF JUSTICE be prevailing for the described classes of placed into service. laborers and mechanics employed on Antitrust Division construction projects of a similar Dorothy B. Fountain, Notice Pursuant to the National character and in the localities specified Deputy Director of Operations, Antitrust Cooperative Research and Production therein. Division. Act of 1993—Window Covering The determinations in these decisions [FR Doc. 05–2738 Filed 2–10–05; 8:45 am] Manufacturers Association, Inc. of prevailing rates and fringe benefits BILLING CODE 4410–11–M have been made in accordance with 29 Notice is hereby given that, on CFR Part 1, by authority of the Secretary September 20, 2004, pursuant to Section of Labor pursuant to the provisions of 6(a) of the National Cooperative the Davis-Bacon Act of March 3, 1931,
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as amended (46 Stat. 1494, as amended, Wage Determinations, 200 Constitution AZ030011 (Jun. 13, 2003) 40 U.S.C. 276a) and of other Federal Avenue, NW., Room S–3014, AZ030012 (Jun. 13, 2003) statutes referred to in 29 CFR Part 1, Washington, DC 20210. AZ030016 (Jun. 13, 2003) Appendix, as well as such additional AZ030017 (Jun. 13, 2003) Modification to General Wage California statutes as may from time to time be Determination Decisions CA030001 (Jun. 13, 2003) enacted containing provisions for the CA030002 (Jun. 13, 2003) payment of wages determined to be The number of the decisions listed to CA030004 (Jun. 13, 2003) prevailing by the Secretary of Labor in the Government Printing Office CA030009 (Jun. 13, 2003) accordance with the Davis-Bacon Act. document entitled ‘‘General Wage CA030019 (Jun. 13, 2003) The prevailing rates and fringe benefits Determinations Issued Under the Davis- CA030023 (Jun. 13, 2003) determined in these decisions shall, in Bacon and related Acts’’ being modified CA030025 (Jun. 13, 2003) accordance with the provisions of the are listed by Volume and State. Dates of CA030028 (Jun. 13, 2003) publication in the Federal Register are CA030029 (Jun. 13, 2003) foregoing statutes, constitute the CA030030 (Jun. 13, 2003) minimum wages payable on Federal and in parentheses following the decisions CA030031 (Jun. 13, 2003) federally assisted construction projects being modified. CA030032 (Jun. 13, 2003) to laborers and mechanics of the Volume I CA030033 (Jun. 13, 2003) specified classes engaged on contract CA030035 (Jun. 13, 2003) work of the character and in the Connecticut CA030036 (Jun. 13, 2003) CT030001 (Jun. 13, 2003) CA030037 (Jun. 13, 2003) localities described therein. CT030003 (Jun. 13, 2003) Good cause is hereby found for not Nevada CT030004 (Jun. 13, 2003) NV030001 (Jun. 13, 2003) utilizing notice and public comment Maine procedure thereon prior to the issuance NV030002 (Jun. 13, 2003) ME030002 (Jun. 13, 2003) NV030003 (Jun. 13, 2003) of these determinations as prescribed in New Jersey NV030004 (Jun. 13, 2003) 5 U.S.C. 553 and not providing for delay NJ030007 (Jun. 13, 2003) NV030005 (Jun. 13, 2003) in the effective date as prescribed in that New York NV030006 (Jun. 13, 2003) section, because the necessity to issue NY030002 (Jun. 13, 2003) NV030007 (Jun. 13, 2003) current construction industry wage NY030003 (Jun. 13, 2003) NV030009 (Jun. 13, 2003) NY030007 (Jun. 13, 2003) determinations frequently and in large NY030009 (Jun. 13, 2003) General Wage Determination volume causes procedures to be NY030013 (Jun. 13, 2003) Publication impractical and contrary to the public NY030014 (Jun. 13, 2003) interest. NY030016 (Jun. 13, 2003) General wage determinations issued General wage determinations NY030017 (Jun. 13, 2003) under the Davis-Bacon and related Acts, decisions, and modifications and NY030018 (Jun. 13, 2003) including those noted above, may be supersede decisions thereto, contain no NY030021 (Jun. 13, 2003) found in the the Government Printing expiration dates and are effective from NY030023 (Jun. 13, 2003) Officer (GPO) document entitled their date of notice in the Federal NY030026 (Jun. 13, 2003) ‘‘General Wage Determinations Issued Register, or on the date written notice NY030033 (Jun. 13, 2003) Under the Davis-Bacon And Related NY030039 (Jun. 13, 2003) Acts’’. This publication is available at is received by the agency, whichever is NY030041 (Jun. 13, 2003) earlier. These decisions are to be used NY030060 (Jun. 13, 2003) each of the 50 Regional Government in accordance with the provisions of 29 Depository Libraries and many of the CFR Parts 1 and 5. Accordingly, the Volume II 1,400 Government Depository Libraries applicable decision, together with any Pennsylvania across the country. modifications issued, must be made a PA030004 (Jun. 13, 2003) General wage determinations issued part of every contract for performance of PA030005 (Jun. 13, 2003) under the Davis-Bacon and related Acts the described work within the PA030006 (Jun. 13, 2003) are available electronically at no cost on geographic area indicated as required by PA030026 (Jun. 13, 2003) the Government Printing Office site at PA030031 (Jun. 13, 2003) http://www.access.gpo.gov/davisbacon. an applicable Federal prevailing wage PA0300042 (Jun. 13, 2003) law and 29 CFR Part 5. The wage rates West Virginia They are also available electronically by and fringe benefits, notice of which is WV030005 (Jun. 13, 2003) subscription to the Davis-Bacon Online published herein, and which are WV030010 (Jun. 13, 2003) Service (http:// contained in the Government Printing davisbacon.fedworld.gov) of the Office (GPO) document entitled Volume III National Technical Information Service ‘‘General Wage Determinations Issued Georgia (NTIS) of the U.S. Department of Under The Davis-Bacon and Related GA030003 (Jun. 13, 2003) Commerce at 1–800–363–2068. This Acts,’’ shall be the minimum paid by GA030004 (Jun. 13, 2003) subscription offers value-added features GA030006 (Jun. 13, 2003) contractors and subcontractors to GA030022 (Jun. 13, 2003) such as electronic delivery of modified laborers and mechanics. GA030031 (Jun. 13, 2003) wage decisions directly to the user’s Any person, organization, or GA030032 (Jun. 13, 2003) desktop, the ability to access prior wage governmental agency having an interest GA030033 (Jun. 13, 2003) decisions issued during the year, in the rates determined as prevailing is GA030034 (Jun. 13, 2003) extensive Help Desk Support, etc. encouraged to submit wage rate and GA030036 (Jun. 13, 2003) Hard-copy subscriptions may be fringe benefit information for GA030040 (Jun. 13, 2003) purchased from: Superintendent of consideration by the Department. GA030050 (Jun. 13, 2003) Documents, U.S. Government Printing Further information and self- GA030055 (Jun. 13, 2003) Office, Washington, DC 20402, (202) explanatory forms for the purpose of Volume VII 512–1800. submitting this data may be obtained by Arizona When ordering hard-copy writing to the U.S. Department of Labor, AZ030001 (Jun. 13, 2003) subscription(s), be sure to specify the Employment Standards Administration, AZ030002 (Jun. 13, 2003) State(s) of interest, since subscriptions Wage and Hour Division, Division of AZ030005 (Jun. 13, 2003) may be ordered for any or all of the six
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separate Volumes, arranged by State. days from the date of publication in the clouds of gas or other material Subscriptions include an annual edition Federal Register of the U.S. remaining after the star is formed). (issued in January or February) which Environmental Protection Agency (EPA) 3. Provide high-resolution includes all current general wage Notice of Availability of the FEIS for the information about some faint objects determinations for the States covered by Outrigger Telescopes Project, whichever outside our galaxy. each volume. Throughout the remainder is later. 4. Make high-resolution observations of the year, regular weekly updates will ADDRESSES: NASA has sent a hard copy of objects within the solar system, be distributed to subscribers. of the FEIS to each library within the including asteroids, comets, and outer Hawai’i State Public Library System and planets. Dated: Signed at Washington, DC, This 3rd The first of these four objectives can day of February 2005. to Regional Libraries. Specific addresses be accomplished by linking the for Hawai’i State and Regional Libraries John Frank, Outrigger Telescopes together as an can be found in the appropriate Acting Chief, Branch of Construction Wage interferometer. An interferometer telephone directory and online at http:/ Determinations. combines the light from two or more /www.librarieshawaii.org/locations/ [FR Doc. 05–2437 Filed 2–10–05; 8:45 am] separate telescopes so that they act as a index.htm. Hard copies of the FEIS are BILLING CODE 4510–27–M single large telescope. The last three also available for review at certain objectives require that the Outrigger California State Public Libraries (see Telescopes be linked as an SUPPLEMENTARY INFORMATION). The FEIS NATIONAL AERONAUTICS AND interferometer to at least one 8-meter SPACE ADMINISTRATION also may be reviewed at the following (m) (26-feet (ft)) or larger telescope. locations: NASA proposes to fund the Outrigger [Notice (05–022)] (a) NASA Headquarters, Library, Telescopes Project at the W.M. Keck Room 1J20, 300 E Street, SW., Observatory site located within the National Environmental Policy Act; Washington, DC 20546–0001; Outrigger Telescopes Project Astronomy Precinct in the Mauna Kea (b) Jet Propulsion Laboratory, Visitors Science Reserve on the summit of AGENCY: National Aeronautics and Lobby, Building 249, 4800 Oak Grove Mauna Kea, Island of Hawai’i. The W.M. Space Administration (NASA). Drive, Pasadena, CA 91109; and Keck Observatory is the site of the two (c) Legislative Reference Bureau, ACTION: Notice of availability of the largest optical telescopes in the world— Final Environmental Impact Statement Room 004, State Capitol, Honolulu, HI the twin 10-m (33-ft) Keck I and Keck (FEIS) for the Outrigger Telescopes 96813. II. The Outrigger Telescopes Project, if Limited hard copies of the FEIS are Project. fully implemented as proposed, would available by contacting Dr. Carl B. consist of up to six 1.8-m (6-ft) Pilcher at the address or telephone SUMMARY: Pursuant to the National telescopes placed strategically around Environmental Policy Act of 1969, as number indicated below. The FEIS is the two existing Keck Telescopes. amended (NEPA) (42 U.S.C. 4321 et also available in Acrobat format at The California Association for seq.), the Council on Environmental http://www2.keck.hawaii.edu/ (click on Research in Astronomy, a non-profit Quality Regulations for Implementing ‘‘News and Outreach’’, then on corporation established by the the Procedural Provisions of NEPA (40 ‘‘Outrigger Telescopes’’). University of California and California CFR Parts 1500–1508), and NASA FOR FURTHER INFORMATION CONTACT: Dr. Institute of Technology, operates and policy and procedures (14 CFR Part Carl B. Pilcher, Program Executive, maintains the W.M. Keck Observatory. 1216 Subpart 1216.3), NASA has Universe Division, Suite 3W39; NASA The W.M. Keck Observatory site prepared and issued a FEIS for the Headquarters; 300 E Street, SW; (approximately 2-hectare (ha)(5-acre proposed Outrigger Telescopes Project. Washington, DC 20546–0001; telephone (ac)) is located within the Astronomy NASA’s Proposed Action and preferred 877–283–1977 (toll-free), electronic mail Precinct and is subleased to the alternative is to fund the Outrigger [email protected], or facsimile 202–358– California Institute of Technology by the Telescopes Project at the W.M. Keck 3096. University of Hawai’i. The Astronomy Observatory within the Mauna Kea SUPPLEMENTARY INFORMATION: The Precinct encompasses approximately Science Reserve on the summit of Outrigger Telescopes Project is a key 212 ha (525 ac) of the Mauna Kea Mauna Kea, Island of Hawai’i. The FEIS element in NASA’s Origins Program. Science Reserve (4,568 ha (11,288 ac)). addresses alternative sites and the The Origins Program addresses two The Mauna Kea Science Reserve is environmental and cultural resource fundamental questions: (1) How do leased to the University of Hawai’i by impacts that could potentially occur galaxies, stars, and planets form? (i.e., the State of Hawai’i. with on-site construction, installation, ‘‘Where do we come from?’’); and (2) Due to present funding constraints, and operation of four, and possibly up Are there planets, aside from ours, that only four Outrigger Telescopes would to six, Outrigger Telescopes. The have the conditions necessary to initially be installed and operated, proposed Outrigger Telescopes would support life? (i.e., ‘‘Are we alone?’’). The although the foundations for six would be strategically placed around the Outrigger Telescopes Project has four be constructed. It is anticipated that the existing Keck I and Keck II Telescopes, scientific objectives that contribute to on-site construction and installation of within the current footprint of W.M. achieving the goals of the Origins four of the six Outrigger Telescopes, Keck Observatory. A reasonable Program: along with on-site construction of the alternative site has been identified on La 1. Detect the astrometric signature underground structures for Telescopes 5 Palma, Canary Islands, Spain. Sites for (i.e., the wobble of a star due to the and 6, would begin in 2005, with initial a reduced science option have been gravitational influence of an unseen operations anticipated in 2007. If identified at Mt. Wilson and Mt. planetary companion) of planets as funding were to become available, the Palomar in California. small as Uranus. aboveground construction and DATES: NASA will not issue a Record of 2. Make images of proto-stellar disks installation of Telescopes 5 and 6 would Decision (ROD) or take final action on (i.e.+, disks of dust and gas in space likely begin no earlier than 2007. the proposed Outrigger Telescopes believed to be an early stage of star In addition to the W.M. Keck Project before March 21, 2005, or 30 formation) and stellar debris disks (i.e., Observatory site, alternative sites with
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at least one existing 8-m (26-ft) or larger (d) NASA, Goddard Space Flight FOR FURTHER INFORMATION CONTACT: Dr. telescope are considered in the FEIS. Center, Greenbelt, MD 20771 (301) 286– Barbara Giles, Science Mission The Gran Telescopio Canarias site at the 4721); Directorate, National Aeronautics and Roque de los Muchachos Observatory (e) NASA, Johnson Space Center, Space Administration, Washington, DC on La Palma, one of the Canary Islands, Houston, TX 77058 (281–483–8612); 20546, (202) 358–1762, Spain meets the criteria to be (f) NASA, Kennedy Space Center, FL [email protected]. 32899 (321–867–9280); considered as a reasonable alternative SUPPLEMENTARY INFORMATION: The (g) NASA, Langley Research Center, site. meeting will be open to the public up If NASA cannot or decides not to Hampton, VA 23681 (757–864–2497); (h) NASA, Marshall Space Flight to the capacity of the room. The agenda implement the Outrigger Telescopes for the meeting includes the following Project at the W.M. Keck Observatory Center, Huntsville, AL 35812 (256–544– 1837); and topics: site or at the reasonable alternative site • Sun-Earth Systems Division in the Canary Islands, NASA would (i) NASA, John C. Stennis Space Center, MS 39529 (228–688–2164). Overview and Program Status. consider sites where at least the one • Exploration Vision, Budget, objective that does not require a large Comments on the Draft Environmental Impact Statement were Priorities. telescope (i.e., detect the astrometric • Reports from Subcommittees and solicited from Federal, State and local signature of planets as small as Uranus) Management Operations Working agencies, organizations, and members of can be achieved. Such reduced science Groups. the general public through: (a) notices sites considered in the FEIS include the • Earth Science Roadmap/Strategic published in the Federal Register— Mount Wilson Observatory in Los Plan. NASA notice on July 29, 2004 (69 FR Angeles County, California and the • Sun-Solar System Connection 45350) and EPA notice on August 6, Mount Palomar Observatory in northern Roadmap/Strategic Plan. 2004 (69 FR 47926); and (b) notices San Diego County, California. The FEIS Attendees will be requested to sign a published in general circulation also addresses the No-Action visitor’s register. It is imperative that the newspapers in Hawai’i and California. alternative. meeting be held on these dates to Comments received have been The FEIS analyzes the potential accommodate the scheduling priorities addressed in the FEIS. environmental impacts associated with of the key participants. the on-site construction, installation, The ROD will be sent to each of the Dated: February 7, 2005. and operation of the Outrigger libraries, governmental agencies, Telescopes at the W.M. Keck organizations, and persons who are P. Diane Rausch, Observatory site and the Canary Islands being sent a copy of the FEIS. In Advisory Committee Management Officer, site. The potential environmental addition, when issued the ROD will be National Aeronautics and Space Administration. impacts at the reduced science sites are available in Acrobat format at http:// also evaluated. Environmental issues www2.keck.hawaii.edu/. [FR Doc. 05–2722 Filed 2–10–05; 8:45 am] BILLING CODE 7513–13–P emphasized include, but are not Jeffrey E. Sutton, necessarily limited to, cultural Assistant Administrator for Infrastructure, resources, flora and fauna, sewage and Management, and Headquarters Operations. hydrology, hazardous materials, and NATIONAL FOUNDATION ON THE [FR Doc. 05–2624 Filed 2–8–05; 8:45 am] ARTS AND THE HUMANITIES cumulative impacts. BILLING CODE 7510–13–P In addition to the locations indicated National Council on the Humanities; under ADDRESSES above, the FEIS may Meeting be reviewed at: NATIONAL AERONAUTICS AND (a) La Canada Flintridge Library, 4545 SPACE ADMINISTRATION February 3, 2005. North Oakwood Avenue, La Canada [Notice 05–023] Pursuant to the provisions of the Flintridge, CA 91011; Federal Advisory Committee Act (Public (b) Pasadena Central Library, 285 E. NASA Advisory Council, Space L. 92–463, as amended) notice is hereby Walnut Street, Pasadena, CA 91101; Science Advisory Committee, Earth- given the National Council on the (c) Altadena Main Library, 600 East Sun System Subcommittee; Meeting Humanities will meet in Washington, Mariposa St., Altadena, CA 91001; DC on February 24–25, 2005. (d) San Diego County Library—Vista AGENCY: National Aeronautics and The purpose of the meeting is to Branch, 700 Eucalyptus Avenue, Vista, Space Administration (NASA). advise the Chairman of the National CA 92084; and ACTION: Notice of meeting. Endowment for the Humanities with (e) Escondido Public Library, 239 respect to policies, programs, and South Kalmia Street, Escondido, CA SUMMARY: The National Aeronautics and procedures for carrying out his 92025. Space Administration announces a functions, and to review applications for In addition, the FEIS may be forthcoming meeting of the NASA financial support from and gifts offered examined at the following NASA Advisory Council (NAC), Space Science to the Endowment and to make locations by contacting the pertinent Advisory Committee (SScAC), Earth- recommendations thereon to the Freedom of Information Act Office: Sun System Subcommittee. Chairman. (a) NASA, Ames Research Center, DATES: Monday, February 28, 2005, 8:30 The meeting will be held in the Old Moffett Field, CA 94035 (650–604– a.m. to 5:30 p.m., Tuesday, March 1, Post Office Building, 1100 Pennsylvania 1181); 2005, 8:30 a.m. to 5:30 p.m., and Avenue, NW., Washington, DC. A (b) NASA, Dryden Flight Research Wednesday, March 2, 2005, 8:30 a.m. to portion of the morning and afternoon Center, Edwards, CA 93523 (661–276– noon. sessions on February 24–25, 2005, will 2704); ADDRESSES: Inn and Conference Center, not be open to the public pursuant to (c) NASA, Glenn Research Center, University of Maryland, 3501 University subsections (c)(4), (c)(6) and (c)(9)(B) of 21000 Brookpark Road, Cleveland, OH Boulevard East, Adelphi, Maryland section 552b of Title 5, United States 44135 (216–433–2755); 20783. Code because the Council will consider
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information that may disclose: Trade Daniel Schneider, Advisory Committee (Pub. L. 92–463, as amended), notice is secrets and commercial or financial Management Officer, National hereby given that the Acquisition information obtained from a person and Endowment for the Humanities, 1100 Advisory Panel established in privileged or confidential; information Pennsylvania Avenue, NW., accordance with the Services of a personal nature the disclosure of Washington, DC 20506, or by calling Acquisition Reform Act of 2003 will which would constitute a clearly (202) 606–8322, TDD (202) 606–8282. meet on February 28, 2005 at 9 a.m., unwarranted invasion of personal Advance notice of any special needs or eastern time. Location for the meeting privacy; and information the premature accommodations is appreciated. will be the Rachel Carson Room in the disclosure of which would be likely to basement of the Department of Interior, Daniel Schneider, significantly frustrate implementation of 1849 C Street, NW., Washington, DC proposed agency action. I have made Advisory Committee Management Officer. 20240. While the meeting is open to the this determination under the authority [FR Doc. 05–2679 Filed 2–10–05; 8:45 am] public, building security and limited granted me by the Chairman’s BILLING CODE 7536–01–P seating require you to provide your Delegation of Authority dated July 19, name to the Designated Federal Officer 1993. (DFO) (contact information listed below) The agenda for the session on NATIONAL SCIENCE FOUNDATION by Thursday, February 24, 2005. You February 24, 2005 will be as follows: will need a photo identification to enter Visa Reform Act the building. The public entrance to the Committee Meetings AGENCY: National Science Foundation. building is the C Street entrance. (Open to the Public) ACTION: Notice. However, the E Street entrance is reserved for individuals with Policy Discussion. SUMMARY: In response to the disabilities requiring an accessible 9–10:30 a.m. requirement in the H–1B Visa Reform entrance to the building. Please let the Education Programs—Room 527 Act of 2004, Public Law 108–447, DFO know in advance if you will Federal/State Partnership—Room 507 Division J, Title IV, Subtitle B, Section require the accessible entrance. The Preservation and Access—Room 415 429(d), NSF is publishing the list of panel’s statutory charter is to review Public Programs—Room 420 eligible programs of study that will be Federal contracting laws, regulations, Research Programs—Room 315 included in the scholarship program and government-wide policies, including the use of commercial (Closed to the Public) established by the Act. Eligible programs of study are the practices, performance-based Discussion of specific grant biological science (except medicine and contracting, performance of acquisition applications and programs before the other clinical fields), physical sciences, functions across agency lines of Council. mathematical sciences, computer and responsibility, and government-wide 10:30 a.m. until Adjourned information sciences, the geosciences, contracts. Since this meeting will be the Education Programs—Room 527 and engineering, as well as technology first time the panel members discuss Federal/State Partnership—Room 507 areas associated with the preceding substantive procurement-related issues, Preservation and Access—Room 415 fields. it is anticipated that a broad range of Public Programs—Room 420 FOR FURTHER INFORMATION CONTACT: topics falling under their statutory Research Programs—Room 315 More information about the National charter will be discussed. Subgroups or 2–3:30 p.m. Science Foundation may be found at working groups, as referenced in the Jefferson Lecture—Room 527 http://www.nsf.gov. Individuals who use Panel’s Bylaws and operating The morning session on February 25, a telecommunications device for the procedures, may be established to 2005 will convene at 9 a.m., in the 1st deaf (TDD) may call the Federal research specific procurement-related Floor Council Room M–09, and will be Information Relay Service (FIRS) at 1– areas in order to eventually make a open to the public, as set out below. The 800–877–8339 between 8 a.m. and 8 recommendation to the panel. A draft agenda for the morning session will be p.m., Eastern time, Monday through agenda will be available from the DFO, as follows: Friday. upon request, in advance of the meeting. SUPPLEMENTARY INFORMATION: The A. Minutes of the Previous Meeting Dated: February 7, 2005. B. Reports purpose of the panel is to provide 1. Introductory Remarks Duncan E. McBride, independent advice and 2. Staff Report Program Director, National Science recommendations to the Office of 3. Congressional Report Foundation. Federal Procurement Policy and 4. Budget Report [FR Doc. 05–2602 Filed 2–10–05; 8:45 am] Congress pursuant to Section 1423 of 5. Reports on Policy and General BILLING CODE 7555–01–M the Services Acquisition Reform Act of Matters 2003. This will be the first substantive a. Education Programs meeting of the Panel. No public b. Federal/State Partnership OFFICE OF MANAGEMENT AND testimony will be heard at this meeting. c. Preservation and Access BUDGET However, interested parties are invited d. Public Programs to attend the meeting. The public may e. Research Programs Acquisition Advisory Panel also submit written public comments of f. Jefferson Lecture AGENCY: Office of Management and any length to the DFO. Although the The remainder of the proposed Budget Executive Office of the Panel accepts written comments until meeting will be given to the President. the date of the meeting (unless consideration of specific applications ACTION: Notice of Federal Advisory otherwise stated), written comments and closed to the public for the reasons Committee meeting. should be received by the DFO at least stated above. five business days prior to the meeting Further information about this SUMMARY: Pursuant to the provisions of date so that the comments may be made meeting can be obtained from Mr. the Federal Advisory Committee Act available to the panel for their
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consideration. Written comments the Paperwork Reduction Act of 1995 regarding the information collection should be supplied, electronically if which provides opportunity for public should be addressed to Ronald J. possible, to the DFO at the e-mail comment on new or revised data Hodapp, Railroad Retirement Board, 844 address (or for hardcopies, mailing collections, the Railroad Retirement North Rush Street, Chicago, Illinois address) noted below. Acceptable Board (RRB) will publish periodic 60611–2092 or send an e-mail to electronic formats include Adobe summaries of proposed data collections. [email protected]. Written Acrobat, Microsoft Word, Rich Text files Comments are invited on: (a) Whether comments should be received within 60 in IBM-PC/Windows 98/2000/XP the proposed information collection is days of this notice. format. Those providing written necessary for the proper performance of comments and who attend the meeting the functions of the agency, including Charles Mierzwa, are also asked to bring 35 copies of their whether the information has practical Clearance Officer. comments for public distribution. utility; (b) the accuracy of the RRB’s [FR Doc. 05–2660 Filed 2–10–05; 8:45 am] estimate of the burden of the collection BILLING CODE 7905–01–P Meeting Accommodations of the information; (c) ways to enhance Individuals requiring special the quality, utility, and clarity of the accommodation to access the public information to be collected; and (d) RAILROAD RETIREMENT BOARD meeting listed above should contact the ways to minimize the burden related to Agency Forms Submitted for OMB DFO at least five business days prior to the collection of information on Review the meeting so that appropriate respondents, including the use of arrangements can be made. automated collection techniques or Summary: In accordance with the Requests for additional information or other forms of information technology. Paperwork Reduction Act of 1995 (44 written statements should be directed to Title and purpose of information U.S.C. Chapter 35), the Railroad Laura Auletta, Designated Federal collection: Statement of Authority to Act Retirement Board (RRB) has submitted Officer (DFO), at [email protected] for Employee; OMB 3220–0034. the following proposal(s) for the or (202) 208–7279, General Services Under Section 5(a) of the Railroad collection of information to the Office of Administration, 1800 F Street, NW., Unemployment Insurance Act (RUIA), Management and Budget for review and Room 4006, Washington, DC, 20405. claims for benefits are to be made in approval. Laura Auletta, accordance with such regulations as the Summary of Proposal(s) Designated Federal Officer (Executive Railroad Retirement Board (RRB) shall Director). prescribe. The provisions for claiming (1) Collection title: Railroad Service [FR Doc. 05–2633 Filed 2–10–05; 8:45 am] sickness benefits as provided by Section and Compensation Reports/System BILLING CODE 3110–01–P 2 of the RUIA are prescribed in 20 CFR Access Application. 335.2. Included in these provisions is (2) Form(s) submitted: BA–3a, BA–4, the RRB’s acceptance of forms executed BA–4 (Internet), BA–12. (3) OMB Number: 3220–0008. POSTAL RATE COMMISSION by someone else on behalf of an employee if the RRB is satisfied that the (4) Expiration date of current OMB Sunshine Act Meetings employee is sick or injured to the extent clearance: 05/31/2005. of being unable to sign forms. (5) Type of request: Revision of a NAME OF AGENCY: Postal Rate The RRB utilizes Form SI–10, currently approved collection. Commission. Statement of Authority to Act for (6) Respondents: Business or other TIME AND DATE: Monday, February 14, Employee, to provide the means for an for-profit. 2005, at 3 p.m. individual to apply for authority to act (7) Estimated annual number of respondents: 579. PLACE: Commission conference room, on behalf of an incapacitated employee (8) Total annual responses: 2,167. 1333 H Street, NW., Suite 300, and also to obtain the information necessary to determine that the (9) Total annual reporting hours: Washington, DC 20268–0001. 38,126. STATUS: Closed. delegation should be made. Part I of the form is completed by the applicant for (10) Collection description: Under the MATTERS TO BE CONSIDERED: Personnel Railroad Retirement Act and the matters. the authority and Part II is completed by the employee’s doctor. One response is Railroad Unemployment Insurance Act, CONTACT PERSON FOR MORE INFORMATION: requested of each respondent. employers are required to report service Stephen L. Sharfman, General Counsel, Completion is required to obtain and compensation for each employee to Postal Rate Commission, Suite 300, benefits. update Railroad Retirement Board 1333 H Street, NW., Washington, DC The RRB proposes no changes to records for payments of benefits. The 20268–0001, 202–789–6818. Form SI–10. collection obtains this information and Dated: February 9, 2005. The estimated annual respondent also information needed to ensure Steven W. Williams, burden is as follows: secure system access from employers Secretary. Form: SI–10. who voluntarily opt to use the Internet to submit reporting forms to the RRB. [FR Doc. 05–2785 Filed 2–9–05; 11:23 am] Estimate of Annual Responses: 400. Estimated Completion Time: 6 Additional Information or Comments: BILLING CODE 7710–FW–M minutes. Copies of the forms and supporting Total Burden Hours: 40. documents can be obtained from Additional Information or Comments: Charles Mierzwa, the agency clearance RAILROAD RETIREMENT BOARD To request more information or to officer (312–751–3363) or Proposed Data Collection Available for obtain a copy of the information [email protected]. Public Comment and collection justification, forms, and/or Comments regarding the information Recommendations supporting material, please call the RRB collection should be addressed to Clearance Officer at (312) 751–3363 or Ronald J. Hodapp, Railroad Retirement Summary: In accordance with the send an e-mail request to Board, 844 North Rush Street, Chicago, requirement of Section 3506 (c)(2)(A) of [email protected]. Comments Illinois, 60611–2092 or
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[email protected] and to the and, with the Advisers and Act’’) and as an investment adviser OMB Desk Officer for the RRB, at the Underwriters, the ‘‘Applicants’’).1 under the Investment Advisers Act of Office of Management and Budget, FILING DATES: The application was filed 1940. MS&Co. serves as principal Room 10230, New Executive Office on January 25, 2005 and amended on underwriter for, and the other Building, Washington, DC 20503. January 26, 2005. Applicants have Applicants serve as investment adviser, subadviser, depositor or principal Charles Mierzwa, agreed to file another amendment during the notice period, the substance underwriter for, numerous registered Clearance Officer. of which is reflected in this notice. investment companies (‘‘Funds’’). The [FR Doc. 05–2661 Filed 2–10–05; 8:45 am] HEARING OR NOTIFICATION OF HEARING: ESC Managers serve as the general BILLING CODE 7905–01–P An order granting the application will partner or investment adviser to certain be issued unless the Commission orders employees’ securities companies a hearing. Interested persons may operating pursuant to Commission request a hearing by writing to the orders (included in the term ‘‘Funds’’).2 SECURITIES AND EXCHANGE Commission’s Secretary and serving 2. On February 4, 2005, the United COMMISSION Applicants with a copy of the request, States District Court for the District of personally or by mail. Hearing requests Columbia entered the Injunction against [Release No. IC–26749; 812–13160] should be received by the Commission MS&Co. in a matter brought by the 3 by 5:30 p.m. on March 1, 2005, and Commission. The Commission alleged Morgan Stanley AIP GP LP, et al.; should be accompanied by proof of in the complaint (‘‘Complaint’’) that Notice of Application and Temporary service on Applicants, in the form of an MS&Co. violated Rule 101 of Regulation Order affidavit, or for lawyers, a certificate of M under the Exchange Act by attempting to induce certain customers February 4, 2005. service. Hearing requests should state the nature of the writer’s interest, the to place orders for shares in the AGENCY: Securities and Exchange reason for the request, and the issues aftermarket for certain initial public Commission (‘‘Commission’’). contested. Persons who wish to be offerings (‘‘IPOs’’) it underwrote during ACTION: Temporary order and notice of notified of a hearing may request the restricted period of such IPOs. The application for a permanent order under notification by writing to the alleged violations occurred in section 9(c) of the Investment Company Commission’s Secretary. connection with certain IPOs underwritten by MS&Co. from March Act of 1940 (‘‘Act’’). ADDRESSES: Secretary, Commission, 450 1999 through November 2000. Without Fifth Street, NW., Washington, DC admitting or denying any of the SUMMARY OF APPLICATION: Applicants 20549–0609. Applicants, c/o Barry allegations in the Complaint, except as have received a temporary order Funk, Esq., Morgan Stanley, 1221 to jurisdiction, MS&Co. consented to the exempting them from section 9(a) of the Avenue of the Americas, 22nd Floor, entry of the Injunction as well as the Act, with respect to an injunction New York, NY 10020. entered against Morgan Stanley & Co. payment of a civil penalty of $40 FOR FURTHER INFORMATION, CONTACT: million. Incorporated (‘‘MS&Co.’’) on February 4, John Yoder, Attorney-Adviser, or Mary 2005 by the United States District Court Kay Frech, Branch Chief, at 202–942– Applicants’ Legal Analysis for the District of Columbia (the 0564 (Division of Investment ‘‘Injunction’’), until the Commission 1. Section 9(a)(2) of the Act, in Management, Office of Investment relevant part, prohibits a person who takes final action on an application for Company Regulation). a permanent order. Applicants also have has been enjoined from engaging in or SUPPLEMENTARY INFORMATION: The applied for a permanent order. continuing any conduct or practice in following is a temporary order and a connection with the purchase or sale of APPLICANTS: Morgan Stanley AIP GP LP, summary of the application. The a security from acting, among other Morgan Stanley Asset & Investment complete application may be obtained things, as an investment adviser or Trust Management Co., Limited, Morgan for a fee at the Commission’s Public depositor of any registered investment Stanley Investment Advisors Inc., Reference Branch, 450 Fifth Street, NW., company or a principal underwriter for Morgan Stanley Investment Washington, DC 20549–0102 (telephone any registered open-end investment Management Company, Morgan Stanley 202–942–8090). company, registered unit investment Investment Management Inc., Morgan trust or registered face-amount Applicants’ Representations Stanley Investment Management certificate company. Section 9(a)(3) of Limited, Van Kampen Advisors Inc., 1. Each Applicant is a direct or the Act makes the prohibition in section and Van Kampen Asset Management indirect subsidiary of Morgan Stanley, a 9(a)(2) applicable to a company, any (together, the ‘‘Advisers’’); MS&Co., Delaware corporation. Morgan Stanley affiliated person of which has been Morgan Stanley Distribution, Inc., is a publicly held global financial disqualified under the provisions of Morgan Stanley Distributors Inc., services company that, through its section 9(a)(2). Section 2(a)(3) of the Act Morgan Stanley DW Inc., and Van subsidiaries and affiliates, provides defines ‘‘affiliated person’’ to include Kampen Funds Inc. (together, the investment, financing, advisory, any person directly or indirectly ‘‘Underwriters’’); Morgan Stanley insurance, banking and related products controlling, controlled by, or under Capital Partners III, Inc., Morgan Stanley and services. MS&Co., a Delaware Global Emerging Markets, Inc., Morgan corporation, is a global financial 2 Morgan Stanley Capital Investors, L.P., Stanley Venture Capital III, Inc., MSDW services firm and is registered as a Investment Company Act Release Nos. 24340 (Mar. Capital Partners IV, Inc., MSDW OIP broker-dealer under the Securities 17, 2000) (notice) and 24389 (Apr. 12, 2000) (order); Morgan Stanley Venture Investors, L.P., Investment Investors, Inc., MSDW Real Estate Exchange Act of 1934 (the ‘‘Exchange Company Act Release Nos. 20206 (Apr. 8, 1994) Special Situations II Manager, L.L.C., (notice) and 20276 (May 4, 1994) (order). MSDW Venture Partners IV, Inc., 1 Applicants request that any relief granted 3 Securities and Exchange Commission v. Morgan MSREF II, Inc., MSREF III, Inc., MSREF pursuant to the application also apply to any other Stanley & Co. Incorporated, Final Judgment Against company of which MS&Co. is or becomes an Morgan Stanley & Co. Incorporated, 05:CV 00166 IV, L.L.C., MSREF V, L.L.C. and MSVP affiliated person in the future (together with (HHK) (D.D.C., filed February 4, 2005) (‘‘Final 2002, Inc. (together, ‘‘ESC Managers’’ Applicants, ‘‘Covered Persons’’). Judgment’’).
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common control with, the other person. provide the Boards with all information By the Commission. Applicants state that MS&Co. is an concerning the Injunction and the Margaret H. McFarland, affiliated person of each of the other application that is necessary for the Deputy Secretary. Applicants within the meaning of Funds to fulfill their disclosure and [FR Doc. E5–577 Filed 2–10–05; 8:45 am] section 2(a)(3) of the Act. Applicants other obligations under the Federal BILLING CODE 8010–01–P state that, as a result of the Injunction, securities laws. they would be subject to the 6. Applicants also assert that, if they prohibitions of section 9(a). were barred from providing services to SECURITIES AND EXCHANGE 2. Section 9(c) of the Act provides that the Funds, the effect on their businesses COMMISSION the Commission shall grant an and employees would be severe. application for exemption from the Applicants state that they have [Release No. 34–51137; File No. SR–BSE– 2005–06] disqualification provisions of section committed substantial resources over 9(a) if it is established that these more than thirty years to establish an Self-Regulatory Organizations; Notice provisions, as applied to Applicants, are expertise in advising and underwriting of Filing and Immediate Effectiveness unduly or disproportionately severe or Funds. Applicants recently applied for of Proposed Rule Change by the that Applicants’ conduct has been such an exemption pursuant to section 9(c) of Boston Stock Exchange, Inc. Relating the Act for conduct relating to certain as not to make it against the public to Its Minor Rule Violation Plan interest or the protection of investors to research analysts’ conflicts of interest.5 grant the application. Applicants have In addition, Dean Witter Reynolds Inc., February 4, 2005. filed an application pursuant to section the predecessor of Morgan Stanley DW Pursuant to Section 19(b)(1) of the 9(c) seeking a temporary and permanent Inc., previously sought and received an Securities Exchange Act of 1934 order exempting them from the exemption under section 9(c) of the (‘‘Act’’),1 and Rule 19b–4 thereunder,2 disqualification provisions of section Act.6 notice is hereby given that on January 9(a) of the Act. Applicants’ Condition 31, 2005, the Boston Stock Exchange, 3. Applicants believe they meet the Inc. (‘‘BSE’’ or ‘‘Exchange’’) filed with standards for exemption specified in Applicants agree that any order the Securities and Exchange section 9(c). Applicants state that the granting the requested relief will be Commission (‘‘Commission’’) the prohibitions of section 9(a) as applied to subject to the following condition: proposed rule change as described in Any temporary exemption granted them would be unduly and Items I, II, and III below, which items pursuant to the application shall be disproportionately severe and that the have been prepared by the Exchange. without prejudice to, and shall not limit conduct of Applicants has been such as The Exchange designated its filing as the Commission’s rights in any manner not to make it against the public interest non-controversial pursuant to section with respect to, any Commission or the protection of investors to grant 19(b)(3)(A) of the Act3 and Rule 19b– investigation of, or administrative the exemption from section 9(a). 4(f)(6).4 Accordingly, the proposed rule proceedings involving or against, 4. Applicants state that none of their change became effective upon filing. officers or employees who are engaged Covered Persons, including without limitation, the consideration by the The Commission is publishing this in the provision of investment advisory, notice to solicit comments on the depositor or underwriting services to Commission of a permanent exemption from section 9(a) of the Act requested proposed rule change from interested the Funds participated in any way in persons. the conduct underlying the Injunction. pursuant to the application or the Applicants further state that the conduct revocation or removal of any temporary I. Self-Regulatory Organization’s underlying the Injunction did not exemptions granted under the Act in Statement of the Terms of Substance of involve any Funds. connection with the application. the Proposed Rule Change 5. Applicants state that the inability to Temporary Order The Exchange seeks to amend its rules continue providing advisory services to The Commission has considered the related to its Minor Rule Violation Plan the Funds and the inability to continue matter and finds that Applicants have (‘‘MRVP’’). The text of the proposed rule serving as principal underwriter or made the necessary showing to justify change is available on BSE’s Web site depositor to the Funds would result in granting a temporary exemption. (http://www.bostonstock.com/legal/ potentially severe hardships for the Accordingly, it is hereby ordered, index.html), at BSE’s principal office, Funds and their shareholders. pursuant to section 9(c) of the Act, that and at the Commission’s Public Applicants also state that they have Covered Persons are granted a Reference Room. distributed, or will distribute as soon as temporary exemption from the II. Self-Regulatory Organization’s is reasonably practical, written provisions of section 9(a), effective Statement of the Purpose of, and materials, including an offer to meet in forthwith, solely with respect to the Statutory Basis for, the Proposed Rule person to discuss the materials, to the Injunction, subject to the condition in Change boards of directors or trustees of the the application, until the date the In its filing with the Commission, the Funds (the ‘‘Boards’’), including the Commission takes final action on an Exchange included statements directors or trustees who are not application for a permanent order. ‘‘interested persons,’’ as defined in concerning the purpose of, and basis for, the proposed rule change and discussed section 2(a)(19) of the Act, of the Funds concerning the Injunction, any impact on the UITs, and their independent legal counsel, as and the application, and will provide any other any comments it received on the defined in rule 0–1(a)(6) under the Act, related information that may be requested by the proposed rule change. The text of these if any, regarding the Injunction, any trustee. statements may be examined at the 5 Morgan Stanley Investment Advisers Inc., places specified in Item IV below. The impact on the Funds, and the Investment Company Act Release No. 26236 (Oct. 4 application. The Applicants will 31, 2003) (notice and temporary order). 1 6 Dean Witter Reynolds Inc., Investment Company 15 U.S.C. 78s(b)(1). 4 With respect to Funds that are unit investment Act Release Nos. 17887 (Nov. 29, 1990) (notice and 2 2 17 CFR 240.19b–4. trusts (‘‘UITs’’), Applicants will provide written temporary order) and 18119 (Apr. 29, 1991) 3 15 U.S.C. 78s(b)(3)(A). notification to the trustee for each of the UITs (permanent order). 4 17 CFR 240.19b–4(f)(6).
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Exchange has prepared summaries, set III. Date of Effectiveness of the 450 Fifth Street, NW., Washington, DC forth in sections A, B, and C below, of Proposed Rule Change and Timing for 20549–0609. the most significant aspects of such Commission Action All submissions should refer to File statements. BSE asserts that the foregoing rule has Number SR–BSE–2005–06. This file A. Self-Regulatory Organization’s become effective pursuant to Section number should be included on the Statement of the Purpose of, and 19(b)(3)(A) of the Act 6 and Rule 19b– subject line if e-mail is used. To help the Statutory Basis for, the Proposed Rule 4(f)(6) thereunder 7 because it does not Commission process and review your Change significantly affect the protection of comments more efficiently, please use investors or the public interest or only one method. The Commission will 1. Purpose impose any significant burden on post all comments on the Commission’s The Exchange is proposing to add a competition. BSE has requested that the Internet Web site (http://www.sec.gov/ new section to its MRVP which would Commission waive the requirement that rules/sro.shtml). Copies of the set forth procedures for a member the rule change not become operative submission, all subsequent against whom formal disciplinary action for 30 days after the date of the filing, amendments, all written statements is taken by the Exchange to consent to as set forth in Rule 19b–4(f)(6)(iii).8 The with respect to the proposed rule the charges being levied and waive Commission finds good cause for the change that are filed with the formal disciplinary hearing. These proposed rule change to become Commission, and all written procedures would be similar to those set operative prior to the 30th day after the communications relating to the forth in NASD Rule 9216, ‘‘Acceptance, date of publication of notice of filing in proposed rule change between the Waiver, and Consent; Plan Pursuant to the Federal Register. The Commission Commission and any person, other than SEC Rule 19d–1(c)(2),’’ and provide that notes that the proposed rule is those that may be withheld from the a BSE member may, upon being notified substantially similar to NASD Rule public in accordance with the of disciplinary charges by the 9216,9 which was previously approved provisions of 5 U.S.C. 552, will be Exchange’s Enforcement Department, by the Commission after notice and available for inspection and copying in execute a written letter which (1) comment and, therefore, does not raise the Commission’s Public Reference accepts the charges, (2) consents to the any new regulatory issues.10 Room. Copies of such filing also will be imposition of a sanction, and (3) agrees At any time within 60 days of the available for inspection and copying at to waive the right to a hearing of appeal filing of the proposed rule change, the the principal office of BSE. All to challenge the validity of the letter. In Commission may summarily abrogate comments received will be posted proposing such procedures, the such rule change if it appears to the without change; the Commission does Exchange is seeking to provide its Commission that such action is not edit personal identifying members with an intermediary necessary or appropriate in the public information from submissions. You disciplinary step, short of a formal interest, for the protection of investors, should submit only information that hearing, which would permit its or otherwise in furtherance of the you wish to make available publicly. All members to avoid formal proceedings in purposes of the Act. submissions should refer to File Number SR–BSE–2005–06 and should instances where they accept liability IV. Solicitation of Comments from the outset. be submitted on or before March 4, Interested persons are invited to 2005. 2. Statutory Basis submit written data, views, and For the Commission, by the Division of The statutory basis for the proposed arguments concerning the foregoing, Market Regulation, pursuant to delegated rule change is Section 6(b)(5) of the including whether the proposed rule authority.11 Act,5 in that it is designed to promote change is consistent with the Act. Margaret H. McFarland, just and equitable principles of trade, to Comments may be submitted by any of Deputy Secretary. the following methods: foster cooperation and coordination [FR Doc. E5–581 Filed 2–10–05; 8:45 am] with persons engaged in regulating Electronic Comments BILLING CODE 8010–01–P securities transactions, to remove • impediments to perfect the mechanism Use the Commission’s Internet comment form (http://www.sec.gov/ of a free and open market and a national SECURITIES AND EXCHANGE market system and, in general, to protect rules/sro.shtml); or • COMMISSION investors and the public interest. Send an e-mail to rule- [email protected]. Please include File [Release No. 34–51145; File No. SR–PCX– B. Self-Regulatory Organization’s Number SR–BSE–2005–06 on the 2005–02] Statement on Burden on Competition subject line. Self-Regulatory Organizations; Pacific The Exchange does not believe that Paper Comments Exchange, Inc.; Notice of Filing and the proposed rule change will impose • Immediate Effectiveness of Proposed any burden on competition that is not Send paper comments in triplicate Rule Change Relating to Market Maker necessary or appropriate in furtherance to Jonathan G. Katz, Secretary, Cleanup Order Administrative Change of the purposes of the Act. Securities and Exchange Commission, February 7, 2005. C. Self-Regulatory Organization’s 6 5 U.S.C. 78s(b)(3)(A). Statement on Comments on the 7 17 CFR 240.19b–4(f)(6). Pursuant to Section 19(b)(1) of the Proposed Rule Change Received From 8 17 CFR 240.19b–4(f)(6)(iii). Securities Exchange Act of 1934 Members, Participants, or Others 9 See Securities Exchange Release No. 32383 (May (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 28, 1993), 58 FR 31768 (June 4, 1993) (SR–NASD– notice is hereby given that on January The Exchange has neither solicited 93–6). 21, 2005, the Pacific Exchange, Inc. nor received any comments on this 10 Rule 19b–4(f)(6) also requires a self-regulatory organization to give written notice of a proposed proposed rule change. 11 rule change filed pursuant to this subsection at least 17 CFR 200.30–3(a)(12). five business days prior to filing. BSE complied 1 15 U.S.C. 78s(b)(1). 5 15 U.S.C. 78f(b)(5). with this requirement. 2 17 CFR 240.19b–4.
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(‘‘PCX’’ or ‘‘Exchange’’) filed with the to eliminate the requirement that Market protection of investors or the public Securities and Exchange Commission Makers must maintain one Cleanup interest; (2) impose any significant (‘‘Commission’’) the proposed rule Order for all of the securities in which burden on competition; and (3) become change as described in Items I, II and III they are registered. The amendment was operative for 30 days from the date on below, which Items have been prepared intended to facilitate additional Market which it was filed, or such shorter time by the PCX. The Exchange filed this Maker participation on ArcaEx and to as the Commission may designate if proposal pursuant to Section 19(b)(3)(A) further enhance order interaction, consistent with the protection of of the Act,3 and Rule 19b–4(f)(6) provide greater depth in liquidity, and investors and the public interest, the thereunder,4 which renders the proposal foster price competition. The proposed rule change has become effective upon filing with the Commission approved the proposed effective pursuant to Section 19(b)(3)(A) Commission. The Commission is rule change on February 3, 2004.6 of the Act10 and Rule 19b–4(f)(6) publishing this notice to solicit At this time, the Exchange proposes to thereunder.11 At any time within 60 comments on the proposed rule change delete PCXE Rule 7.23(a)(6) to conform days of the filing of such proposed rule from interested persons. to the previous rule change, which the change, the Commission may summarily Exchange inadvertently failed to delete I. Self-Regulatory Organization’s abrogate such rule change if it appears as part of the filing in October 2003.7 to the Commission that such action is Statement of the Terms of Substance of PCXE Rule 7.23(a) details the the Proposed Rule Change necessary or appropriate in the public obligations of Market Makers and interest, for the protection of investors, The PCX, through its wholly-owned subsection (6) requires Market Makers to or otherwise in furtherance of the subsidiary PCX Equities, Inc. (‘‘PCXE’’ maintain one Cleanup order in each purposes of the Act. or ‘‘Corporation’’), proposes to amend security in which the Market Maker is its rules governing the Archipelago registered as such for each Market Order IV. Solicitation of Comments Exchange (‘‘ArcaEx’’), the equities Auction. The Exchange proposes to Interested persons are invited to trading facility of PCXE. With this filing, delete this provision as obsolete given submit written data, views, and PCX proposes to delete PCXE Rule the aforementioned rule change that was arguments concerning the foregoing, 7.23(a)(6) in order to conform to a approved by the Commission. including whether the proposed rule previous rule change. The text of the change is consistent with the Act. 2. Statutory Basis proposed rule change is available on the Comments may be submitted by any of PCX’s Web site (www.pacificex.com), at The Exchange believes that the the following methods: the PCX’s Office of the Secretary, and at proposed rule change is consistent with the Commission’s Public Reference section 6(b) of the Act,8 in general, and Electronic Comments Room. furthers the objectives of section • Use the Commission’s Internet 6(b)(5),9 in particular, because it is comment form (http://www.sec.gov/ II. Self-Regulatory Organization’s rules/sro.shtml); or Statement of the Purpose of, and designed to promote just and equitable principles of trade, to foster cooperation • Send an e-mail to rule- Statutory Basis for, the Proposed Rule [email protected]. Please include File Change and coordination with persons engaged in facilitating transactions in securities, Number SR–PCX–2005–02 on the In its filing with the Commission, the and to remove impediments and perfect subject line. PCX included statements concerning the the mechanisms of a free and open Paper Comments purpose of and basis for the proposed market and to protect investors and the • rule change and discussed any public interest. Send paper comments in triplicate comments it received on the proposed to Jonathan G. Katz, Secretary, rule change. The text of these statements B. Self-Regulatory Organization’s Securities and Exchange Commission, may be examined at the places specified Statement on Burden on Competition 450 Fifth Street, NW., Washington, DC in Item IV below. The PCX has prepared The Exchange does not believe that 20549–0609. summaries, set forth in Sections A, B, the proposed rule change will impose All submissions should refer to File and C below, of the most significant any burden on competition that is not Number SR–PCX–2005–02. This file aspects of such statements. necessary or appropriate in furtherance number should beincluded on the A. Self-Regulatory Organization’s of the purposes of the Act. subject line if e-mail is used. To help the Commission process and review your Statement of the Purpose of, and C. Self-Regulatory Organization’s comments more efficiently, please use Statutory Basis for, the Proposed Rule Statement on Comments on the only one method. The Commission will Change Proposed Rule Change Received From post all comments on the Commission’s Members, Participants, or Others 1. Purpose Internet Web site (http://www.sec.gov/ On October 23, 2003, the Exchange Written comments on the proposed rules/sro.shtml). Copies of the filed a rule proposal with the rule change were neither solicited nor submission, all subsequent Commission to amend its rules received. amendments, all written statements governing Market Maker obligations on III. Date of Effectiveness of the with respect to the proposed rule ArcaEx.5 Specifically, the Exchange Proposed Rule Change and Timing for change that are filed with the proposed to modify PCXE Rule 7.25(b) Commission Action Commission, and all written to eliminate the stipulation that Market communications relating to the Because the foregoing rule change Makers must become Odd Lot Dealers in proposed rule change between the does not: (1) Significantly affect the the securities in which they are Commission and any person, other than registered. In addition, the Exchange those that may be withheld from the 6 See Securities Exchange Act Release No. 49176 proposed to modify PCXE Rule 7.34(b) (February 3, 2004), 69 FR 6356 (February 10, 2004) public in accordance with the (Order approving SR–PCX–2003–59). provisions of 5 U.S.C. 552, will be 3 15 U.S.C. 78s(b)(3)(A). 7 See supra note 5. 4 17 CFR 240.19b–4(f)(6). 8 15 U.S.C. 78f(b). 10 15 U.S.C. 78s(b)(3)(A). 5 See SR–PCX–2003–59. 9 15 U.S.C. 78f(b)(5). 11 17 CFR 240.19b–4(f)(6).
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available for inspection and copying in the entry of an order into the system For the Commission, by the Division of the Commission’s Public Reference reflects a point spread of more than Market Regulation, pursuant to delegated 11 Section, 450 Fifth Street, NW., $.05, round-lot market orders up to 500 authority. Washington, DC 20549. Copies of such shares and PRL 6 market orders up to Margaret H. McFarland, filing also will be available for 599 shares will be stopped at the PACE Deputy Secretary. inspection and copying at the principal Quote at the time of entry into the [FR Doc. E5–583 Filed 2–10–05; 8:45 am] office of the Exchange. All comments system (‘‘Stop Price’’) and be subject to BILLING CODE 8010–01–P received will be posted without change; a delay of up to 30 seconds from being the Commission does not edit personal executed in order to receive an identifying information from opportunity for price improvement. SMALL BUSINESS ADMINISTRATION submissions. You should submit only During that time, specialists may, but [License No. 09/79–0456] information that you wish to make are not required to, improve the available publicly. All submissions execution price of the order to a price HorizonVentures Fund II, L.P.; Notice should refer to File Number SR–PCX– better than the Stop Price. Phlx Seeking Exemption Under Section 312 2005–02 and should be submitted on or of the Small Business Investment Act, before March 4, 2005. proposes to amend Phlx Rule 229 to eliminate the POES functionality. As a Conflicts of Interest For the Commission, by the Division of result, orders that would have been Market Regulation, pursuant to delegated Notice is hereby given that Horizon authority.12 subject to POES will be automatically Ventures Fund II, L.P., 4 Main Street, executed at the PACE quote without a Margaret H. McFarland, Suite 50, Los Altos, CA 94022, a Federal 30-second delay. Licensee under the Small Business Deputy Secretary. The Commission finds that the Investment Act of 1958, as amended [FR Doc. E5–582 Filed 2–10–05; 8:45 am] (‘‘the Act’’), in connection with the BILLING CODE 8010–01–P proposed rule change is consistent with the requirements of the Act and the financing of a small concern, has sought rules and regulations thereunder an exemption under Section 312 of the Act and Section 107.730, Financings SECURITIES AND EXCHANGE applicable to a national securities which Constitute Conflicts of Interest of COMMISSION exchange.7 In particular, the the Small Business Administration Commission believes that the proposal [Release No. 34–51144; File No. SR–Phlx– (‘‘SBA’’) Rules and Regulations (13 CFR 2004–84] is consistent with Section 6(b)(5) of the 107.730). Horizon Ventures Fund II, L.P. 8 Act, which requires that the rules of an proposes to provide equity/debt security Self-Regulatory Organizations; exchange be designed, among other financing to iWatt, Inc.. The financing is Philadelphia Stock Exchange, Inc.; things, to promote just and equitable contemplated for operating expenses Order Granting Approval to Proposed principles of trade, to perfect the and for general corporate purposes. Rule Change To Eliminate the Public mechanism of a free and open market The financing is brought within the Order Exposure System Functionality and a national market system, and, in purview of § 107.730(a)(1) of the From Phlx Rule 229 general, to protect investors and the Regulations because Horizon Ventures February 7, 2005. public interest. Under the proposed rule Fund I, L.P. and Horizon Ventures change, orders that would have been Advisors Fund I, L.P., both Associates of On November 26, 2004, the Horizon Ventures Fund II, L.P., own Philadelphia Stock Exchange, Inc. subject to a 30-second delay will now be more than ten percent of iWatt, Inc. (‘‘Phlx’’ or ‘‘Exchange’’) filed with the automatically executed at the PACE quote, thereby improving order Notice is hereby given that any Securities and Exchange Commission interested person may submit written (‘‘Commission’’), pursuant to Section turnaround time and reducing the number of manual orders. The comments on the transaction to the 19(b)(1) of the Securities Exchange Act Associate Administrator for Investment, 1 Commission notes that specialists will of 1934 (‘‘Act’’) and Rule 19b–4 U.S. Small Business Administration, thereunder,2 a proposed rule change to still be able to offer price improvement through the Exchange’s Automatic Price 409 Third Street, SW., Washington, DC eliminate the Public Order Exposure 20416. System (‘‘POES’’) functionality from Improvement feature, where applicable, Phlx Rule 229. The proposed rule and through manual price improvement Dated: January 11, 2005. change was published for comment in when certain conditions are met.9 Jaime Guzman-Fournier, the Federal Register on December 29, It is therefore ordered, pursuant to Acting Associate Administrator for 3 Investment. 2004. The Commission received no section 19(b)(2) of the Act,10 that the [FR Doc. 05–2666 Filed 2–10–05; 8:45 am] comments on the proposal. proposed rule change (File No. SR– Currently, Phlx Rule 229, Phlx–2004–84) be, and it hereby is, BILLING CODE 8025–01–P Supplementary Material .05, provides approved. that if the PACE 4 Quote 5 at the time of SMALL BUSINESS ADMINISTRATION 12 17 CFR 200.30–3(a)(12). 1 15 U.S.C. 78s(b)(1). (‘‘ITS/CAES’’) quote, as appropriate. See Phlx Rule Region 1—Maine District Advisory 2 17 CFR 240.19b–4. 229. Council; Public Meeting 3 See Securities Exchange Act Release No. 50901 6 PRL means a combined round-lot and odd-lot (December 21, 2004), 69 FR 78089 (‘‘Notice’’). order. See Phlx Rule 229. The U.S. Small Business 4 PACE is the Exchange’s automated order 7 In approving this proposed rule change, the Administration, Maine District Advisory routing, delivery, execution and reporting system Commission notes that it has considered the Council, located in the geographical for equities. See Phlx Rule 229. proposed rule’s impact on efficiency, competition, area of Augusta, Maine, will be hosting 5 The PACE Quote means the best bid/ask quote and capital formation. See 15 U.S.C. 78c(f). a public meeting to discuss such matters among the American, Boston, National, Chicago, 8 15 U.S.C. 78f(b)(5). New York, or Philadelphia Stock Exchanges; the as may be presented by members, staff Pacific Exchange; or the Intermarket Trading 9 See Notice. System/Computer Assisted Execution System 10 15 U.S.C. 78s(b)(2). 11 17 CFR 200.30–3(a)(12).
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of the U.S. Small Business the Federal Register by the USRT that a TX, a distance of approximately 51 Administration, or others present. The trade agreement between the United miles.3 meeting will be held on Tuesday, March States and Laos containing reciprocal The transaction was scheduled to be 22, 2005, starting at 10 a.m. The meeting MFN obligations has entered into force. consummated on February 1, 2005. will take place at the U.S. Small On September 18, 2003, the United Business Administration, Maine District States and Laos signed a bilateral trade The purpose of this transaction is to Office, 68 Sewall Street, Room 510, agreement containing reciprocal NTR modify the temporary trackage rights Augusta, Maine 04330. obligations. Through an exchange of exempted in STB Finance Docket No. Anyone wishing to attend must written notes of acceptance of the terms 34554 to extend the expiration date to contact Mary McAleney in writing or by of the agreement by the two parties on on or before December 31, 2005. The fax. Mary McAleney, District Director, February 4, 2005, the parties brought the modified trackage rights will permit UP U.S. Small Business Administration, agreement into force. Therefore, to continue to move loaded and empty Maine District Office, 68 Sewall Street, pursuant to the terms of Public Law No. ballast trains for use in its maintenance- Room 512, Augusta, Maine 04330, 108–429, products of Laos entered, or of-way projects. telephone: (207) 622–8386, fax: (207) withdrawn from warehouse for As a condition to this exemption, any 622–8277, e-mail: consumption, on or after February 4, employees affected by the trackage [email protected]. 2005, are granted NTR treatment by the rights will be protected by the United States. Pursuant to the terms of Matthew K. Becker, conditions imposed in Norfolk and the trade agreement, products of the Committee Management Officer. Western Ry. Co.—Trackage Rights—BN, United States will receive reciprocal [FR Doc. 05–2667 Filed 2–10–05; 8:45 am] NTR treatment by Laos as of the 354 I.C.C. 605 (1978), as modified in BILLING CODE 8025–01–P effective date of this notice. Mendocino Coast Ry., Inc.—Lease and Operate, 360 I.C.C. 653 (1980). John Veroneau, This notice is filed under 49 CFR OFFICE OF THE UNITED STATES General Counsel. 1180.2(d)(7). If it contains false or TRADE REPRESENTATIVE [FR Doc. 05–2723 Filed 2–10–05; 8:45 am] misleading information, the exemption BILLING CODE 3190–W5–M Notice of Entry Into Force of Trade is void ab initio. Petitions to revoke the Agreement With the Lao People’s exemption under 49 U.S.C. 10502(d) Democratic Republic and the Grant of may be filed at any time. The filing of Normal Trade Relations Treatment to DEPARTMENT OF TRANSPORTATION a petition to revoke will not Products of Laos automatically stay the transaction. Surface Transportation Board An original and 10 copies of all AGENCY: Office of the United States Trade Representative. [STB Finance Docket No. 34554 (Sub–No. pleadings, referring to STB Finance Docket No. 34554 (Sub-No. 2) must be ACTION: Notice of entry into force of 2)] trade agreement. filed with the Surface Transportation Union Pacific Railroad Company— Board, 1925 K Street, NW., Washington, SUMMARY: On September 18, 2003, the Temporary Trackage Rights DC 20423–0001. In addition, one copy United States and the Lao People’s Exemption—BNSF Railway Company 1 of each pleading must be served on Democratic Republic (Laos) signed a BNSF Railway Company (BNSF), Robert T. Opal, 1400 Douglas Street, trade agreement obligating reciprocal pursuant to a modified written trackage STOP 1580, Omaha, NE 68179. most-favored-nation treatment between rights agreement entered into between Board decisions and notices are Laos and the United States. The trade BNSF and Union Pacific Railroad available on our Web site at ‘‘http:// agreement entered into force as of Company (UP), has agreed to extend the February 4, 2005, the effective date of www.stb.dot.gov.’’ expiration date of the local trackage this notice, after which time all Decided: February 3, 2005. rights granted to UP 2 over BNSF’s line products of Laos entered, or withdrawn of railroad extending from BNSF By the Board, David M. Konschnik, from warehouse for consumption, shall milepost 579.3 near Mill Creek, OK, to Director, Office of Proceedings. be granted most-favored-nation BNSF milepost 631.1 near Joe Junction, Vernon A. Williams, treatment by the United States. Secretary. DATES: The effective date of this notice 1 Effective January 20, 2005, The Burlington [FR Doc. 05–2597 Filed 2–10–05; 8:45 am] is February 4, 2005. Northern and Santa Fe Railway Company has BILLING CODE 4915–01–P ADDRESSES: Office of the United States changed its name to BNSF Railway Company. Trade Representative, 600 17th Street, 2 UP submits that the trackage rights being NW., Washington, DC 20508. granted here are only temporary rights, but, because they are ‘‘local’’ rather than ‘‘overhead’’ rights, they FOR FURTHER INFORMATION CONTACT: do not qualify for the Board’s new class exemption 3 Elena Bryan, Deputy Assistant U.S. for temporary trackage rights at 49 CFR The original trackage rights granted in Union Trade Representative for Southeast Asia 1180.2(d)(8). See Railroad Consolidation Pacific Railroad Company—Trackage Rights Procedures—Exemption for Temporary Trackage Exemption—The Burlington Northern and Santa Fe and the Pacific (202) 395–6813 or Rights, STB Ex Parte No. 282 (Sub-No. 20) (STB Railway Company, STB Finance Docket No. 34554 Catherine Field, Chief Counsel for Legal served May 23, 2003). Therefore, UP and BNSF (STB served Oct. 7, 2004), also extended from BNSF Affairs (202) 395–3432. concurrently have filed a petition for partial milepost 579.3 near Mill Creek, OK, to BNSF SUPPLEMENTARY INFORMATION: On revocation of this exemption in STB Finance Docket milepost 631.1 near Joe Junction, TX. By decision No. 34554 (Sub-No. 3), Union Pacific Railroad served November 24, 2004, in STB Finance Docket December 3, 2004, President Bush Company—Temporary Trackage Rights No. 34554 (Sub-No. 1), the Board granted an signed into law H.R. (Pub. L. No. 108– Exemption—BNSF Railway Company, wherein UP exemption to permit the trackage rights granted in 429), which makes products of Laos and BNSF request that the Board permit the proposed local trackage rights arrangement STB Finance Docket No. 34554 to expire. At that eligible for normal trade relations (NTR) described in the present proceeding to expire on or time, it was anticipated by the parties that the rights treatment by the United States as of the about December 31, 2005. That petition will be would expire on or about December 31, 2004. effective date of a notice published in addressed by the Board in a separate decision. However, this authority has not yet been exercised.
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DEPARTMENT OF TRANSPORTATION Docket No. 34657, must be filed with a.m. and 4:30 p.m., Monday through the Surface Transportation Board, 1925 Friday (except holidays). Please call Surface Transportation Board K Street, NW., Washington, DC 20423– (202) 273–9515 for an appointment. [STB Finance Docket No. 34657] 0001. In addition, a copy of each FOR FURTHER INFORMATION CONTACT: pleading must be served on Sarah W. Peter Mulhern, Office of Financial BNSF Railway Company—Trackage Bailiff, Senior General Attorney, BNSF Policy (047GC1), Department of Rights Exemption—Union Pacific Railway Company, P.O. Box 961039, Veterans Affairs, 810 Vermont Avenue, Railroad Company Fort Worth, TX 76161–0039. NW., Washington, DC 20420, (202) 273– Board decisions and notices are 5570. Union Pacific Railroad Company (UP) available on our Web site at http:// has agreed to grant overhead trackage www.stb.dot.gov. SUPPLEMENTARY INFORMATION: rights to BNSF Railway Company, f/k/a The Burlington Northern and Decided: February 4, 2005. I. Description of the Proposed System of By the Board, David M. Konschnik, Records Santa Fe Railway Company (BNSF), Director, Office of Proceedings. over: (1) A line of railroad between UP’s Vernon A. Williams, The General Services Administration milepost 1.7 at a station known as Secretary. has established a governmentwide Tower 30, on UP’s Glidden Subdivision charge card service. This service is used [FR Doc. 05–2682 Filed 2–10–05; 8:45 am] and Strang yard, TX, and UP’s milepost as a payment mechanism and is 21.5 on UP’s Strang Subdivision; and (2) BILLING CODE 4915–01–P designed to provide better financial and portions of a line of railroad between cash management controls over the Tower 30 and Strang yard that are Federal Government’s low dollar value owned by the Port of Houston (PHA), DEPARTMENT OF VETERANS procurements. Individual employees are maintained by the Port Terminal AFFAIRS selected by their agencies to obtain and Railroad Association (PTRA), and use the Government’s purchase card, jointly operated by PTRA and UP Privacy Act of 1974; New System of Records called SmartPay, to aid in the pursuant to UP’s contractual employee’s procurement arrangements with PHA and PTRA.1 AGENCY: Department of Veterans Affairs. responsibilities. The line is located in the State of Texas. ACTION: Notice of new system of records. An individual employee obtains a The total distance of the trackage rights credit card by applying to a private granted to BNSF is approximately 15.6 SUMMARY: The Privacy Act of 1974 (5 contractor, which currently is Citibank. miles. U.S.C. 552a(e)(4)) requires that all This application is given to the agency The transaction was scheduled to be agencies publish in the Federal Register Program Coordinator, who serves as the consummated on February 1, 2005, and a notice of the existence of and focal point for coordination of operations under this exemption were character of their systems of records. applications, issuance and destruction scheduled to begin on that date. The Notice is hereby given that the of cards, establishment of reports, and purpose of the temporary trackage rights Department of Veterans Affairs (VA) is administrative training. This Program is to allow BNSF access to a limited adding a new system of records entitled Coordinator also serves as a liaison subset of facilities on the Bayport Loop, ‘‘Purchase Credit Card Program—VA’’ between the agency and Citibank. Prior southeast of Houston, TX, and BNSF’s (131VA047). to obtaining this account, an employee system trackage in the Houston DATES: To assure consideration, written receives a delegation of authority from terminal, including, without limitation, comments mailed to the Department as his/her agency, which indicates the access to BNSF’s existing rights between provided below must be postmarked no maximum dollar amount for each single Tower 30 and the East and West Belts. later than March 14, 2005, and written purchase made and a dollar limit for As a condition to this exemption, any comments hand delivered to the total purchases made with the credit employees affected by the acquisition of Department and comments submitted card in a given month. At the close of the temporary trackage rights will be electronically must be received as each billing cycle, each employee protected by the conditions imposed in provided below, no later than 5 p.m. receives a ‘‘Statement of Account’’ from Norfolk and Western Ry. Co.—Trackage Eastern Time on March 14, 2005. If no Citibank that itemizes each transaction. Rights—BN, 354 I.C.C. 605 (1978), as public comment is received during the modified in Mendocino Coast Ry., Inc.— In order to successfully participate in 30-day review period allowed for public Lease and Operate, 360 I.C.C. 653 the SmartPay purchase card program, comment, or unless otherwise published (1980). VA must maintain certain records on This notice is filed under 49 CFR in the Federal Register by VA, the new the employees who have obtained a 1180.2(d)(7). If it contains false or system of records statement is effective credit card. This information includes misleading information, the exemption March 14, 2005. name, address, social security number, is void ab initio. Petitions to revoke the ADDRESSES: Written comments employment information, telephone exemption under 49 U.S.C. 10502(d) concerning the proposed amended numbers, information needed for may be filed at any time. The filing of system of records may be submitted by: identification verification, charge card a petition to revoke will not Mail or hand-delivery to Director, applications, charge card statements, automatically stay the transaction. Regulations Management (00REG1), terms and conditions for use of the An original and 10 copies of all Department of Veterans Affairs, 810 charge card, and monthly report from pleadings, referring to STB Finance Vermont Avenue, NW., Room 1068, contractor(s) showing charges to Washington, DC 20420; fax to (202) individual account numbers, balances 1 A redacted version of the trackage rights 273–9026; or e-mail to and other types of account analysis. agreement between BNSF and UP was filed with the ‘‘[email protected]’’. All This information is retrievable by the notice of exemption. The full version of the comments received will be available for employee’s name. Consequently, a agreement, as required by 49 CFR 1180.6(a)(7)(ii), was filed under seal along with a motion for public inspection in the Office of Privacy Act system of records must be protective order on January 28, 2005. A protective Regulation Policy and Management, established in order to protect this order is being served on February 4, 2005. Room 1063B, between the hours of 8 information.
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II. Proposed Routine Use Disclosures of or process is compatible with a purpose voluntarily reimburse VA for the Data in the System for which VA collects the information. unauthorized purchases, VA will pursue 4. Disclosure of relevant information collection through procedures set forth VA is proposing to establish the may be made to individuals, in 31 U.S.C., chapter 37, subchapters I following routine use disclosures of the organizations, private or public and II, 31 CFR parts 900–904, and VA information that will be maintained in agencies, or other entities with whom regulations 38 CFR 1.900–1.954, as well the system. VA has a contract or agreement or where as through Federal salary offset under 5 1. The record of an individual who is there is a subcontract to perform such U.S.C. 5514 and VA regulations 38 CFR covered by this system may be disclosed services as VA may deem practicable for 1.980–1.994. to a Member of Congress, or a staff the purposes of laws administered by 8. Routine uses 8 and 9 are added to person acting for the member, when the VA, in order for the contractor or this new system of records to authorize member or staff person requests the subcontractor to perform the services of release of information to the Department record on behalf of and at the written the contract or agreement. of the Treasury, the Department of request of the individual. VA must be able to provide Justice, other Federal agencies, and Individuals sometimes request the information to contractors and private collection agencies for debt help of a Member of Congress in subcontractors with whom VA has a collection purposes. resolving some issue relating to a matter contract or agreement in order to In accordance with the Debt before VA. The Member of Congress perform the services of the contract or Collection Improvement Act of 1996 then writes VA, and VA must be able to agreement. (DCIA) (Public Law 104–134, April 26, give sufficient information to be 5. VA may disclose on its own 1996), VA and other Federal agencies responsive to the inquiry. initiative any information in this system must now notify the Department of the 2. Disclosure may be made to the that is relevant to a suspected or Treasury of all delinquent debts over National Archives and Records reasonably imminent violation of law, 180 days old so that Treasury can Administration (NARA) in records whether civil, criminal, or regulatory in collect these debts through management inspections conducted nature and whether arising by general or administrative offset from Federal under authority of Title 44 U.S.C. program statute or by regulation, rule, or payments, including tax refunds and NARA is responsible for archiving old order issued pursuant thereto, to a salary payments. VA and other Federal records no longer actively used, but Federal, State, local, tribal, or foreign agencies are also required to refer which may be appropriate for agency charged with the responsibility delinquent debts over 180 days old to preservation. NARA is responsible in of investigating or prosecuting such the Department of the Treasury so that general for the maintenance of the violation, or charged with enforcing or Treasury may attempt to collect, Federal Government’s records. VA must implementing the statute, regulation, compromise, or terminate these debts. be able to turn records over to NARA in rule, or order. Treasury may also refer these debts to VA must be able to comply with the other designated Federal debt collection order to determine the proper requirements of agencies charged with centers, to the Department of Justice for disposition of such records. enforcing the law and investigations of litigation, or to private collection 3. Records from this system of records violations or possible violations of law. agencies. may be disclosed to the Department of VA must also be able to provide 9. Records from the system of records Justice (DOJ) (including U.S. Attorneys) information to Federal, State, local, may be disclosed to officials of labor or in a proceeding before a court, tribal and foreign agencies charged with organizations recognized under 5 U.S.C. adjudicative body, or other protecting the public health as set forth chapter 71 when relevant and necessary administrative body when litigation or in law. to their duties of exclusive the adjudicative or administrative 6. Disclosure to other Federal agencies representation concerning personnel process is likely to affect VA, the may be made to assist such agencies in policies, practices, and matters affecting employees or any of its components, or preventing and detecting possible fraud working conditions. when VA, its employees, or any of its or abuse by individuals in their As noted above, sometimes an components is a party to the litigation operations and programs. employee uses the purchase card to or process, or has an interest in the Abuse of Federal programs costs the obtain unauthorized items. In addition litigation or process, and the use of such Federal Government and taxpayers large to debt collection procedures, the records is deemed by VA to be relevant sums of money every year. Information employee may face disciplinary action and necessary to the litigation or contained in VA records may help for such unauthorized use of the card. process, provided that the disclosure is detect and/or prevent fraud and abuse of As a result, the employee may seek compatible with the purpose for which other agency programs. VA must be able representation or guidance from the records were collected. to assist other Federal agencies in their recognized labor organizations and VA Whenever VA is involved in litigation efforts to detect and prevent fraud and must be able to provide information to or an adjudicative or administrative abuse in their programs. labor organizations to enable them to process, or occasionally when another 7. Any information in this system may provide adequate representation and party is involved in litigation or an be disclosed, other than to consumer guidance under these circumstances. adjudicative or administrative process, reporting agencies, in connection with 10. The name and address of an and VA policies or operations could be any proceeding for the collection of an employee, and other information as is affected by the outcome of the litigation amount owed VA as the result of an reasonably necessary to identify such or process, VA would be able to disclose employee’s unauthorized use of a employee, may be disclosed to a information to the court, the purchase card when such disclosure is consumer reporting agency for the adjudicative or administrative bodies, or deemed necessary and proper. purpose of locating the employee or, the parties involved. A determination Sometimes an employee uses the obtaining a consumer report to would be made in each instance that, purchase care to obtain unauthorized determine the ability of the employee to under the circumstances involved, the items. If VA pays for such purchases, repay an indebtedness to VA arising by purpose served by the use of the VA will seek reimbursement from the virtue of the unauthorized use of a information in the particular litigation employee. If the employee does not purchase credit card, provided that the
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requirements of 31 U.S.C. 3711(e) have CATEGORIES OF INDIVIDUALS COVERED BY THE and necessary to the litigation or been met. SYSTEM: process, provided that the disclosure is Disclosures pursuant to 5 U.S.C. Individuals covered by the system are compatible with the purpose for which 552a(b)(12) may be made to consumer current VA employees who have their the records were collected. reporting agencies as defined in the Fair own Government assigned charge card, 4. Disclosure of relevant information Credit Reporting Act 15 U.S.C. 1681a(f) or who have had a charge card. may be made to individuals, organizations, private or public or the Federal Claims Collection Act of CATEGORIES OF RECORDS IN THE SYSTEM: agencies, or other entities with whom 1966 31 U.S.C. 3701(a)(3). The Records include name, work and VA has a contract or agreement or where disclosure is limited to information home addresses, social security number, there is a subcontract to perform such necessary to establish the identity of the date of birth, employment information, services as VA may deem practicable for individual, including name, address, work and home telephone numbers, the purposes of laws administered by and taxpayer identification number information needed for identification VA, in order for the contractor or (Social Security number), the amount, verification, charge card applications, subcontractor to perform the services of status and history of the claim, and the charge card statements, terms and the contract or agreement. agency or program under which the conditions for use of the charge card, 5. VA may disclose on its own claim arose for the sole purpose of and monthly report from contractor(s) initiative any information in this system allowing the consumer reporting agency showing charges to individual account that is relevant to a suspected or to prepare a commercial credit report. numbers, balances, and other types of reasonably imminent violation of law, Title 31 U.S.C. 3711(d) governs the account analysis. whether civil, criminal, or regulatory in release of names and addresses of any nature and whether arising by general or AUTHORITY FOR MAINTENANCE OF THE SYSTEM: person to consumer reporting agencies program statute or by regulation, rule, or under certain circumstances. Federal Acquisition Regulation (FAR), order issued pursuant thereto, to a part 13, 48 CFR part 13, and Public Law III. Compatibility of the Proposed Federal, State, local, tribal, or foreign 93–579, section 7(b). Routine Use Disclosures agency charged with the responsibility PURPOSE(S): of investigating or prosecuting such The Privacy Act permits VA to To establish and maintain a system violation, or charged with enforcing or disclose information about individuals for operating, controlling, and managing implementing the statute, regulation, without their consent for a routine use the purchase card program involving rule, or order. 6. Disclosure to other Federal agencies when the information will be used for commercial purchases by authorized VA may be made to assist such agencies in a purpose that is compatible with the employees. purpose for which VA collected the preventing and detecting possible fraud information. In all of the routine use ROUTINE USES OF RECORDS MAINTAINED IN THE or abuse by individuals in their disclosures described above, the SYSTEM, INCLUDING CATEGORIES OF USERS AND operations and programs. recipient of the information will use the THE PURPOSES OF SUCH USES: 7. Any information in this system of information either in connection with a System information may be accessed records may be disclosed, other than to matter relating to one of VA’s programs, and used by authorized VA employees consumer reporting agencies, in or will use the information to provide a or contractors to conduct duties connection with any proceeding for the benefit to VA, or will disclose as associated with the management and collection of an amount owed VA as the required by law. operation of the purchase card program. result of an employee’s unauthorized Information from this system also may use of a purchase card when such The ‘‘notice of intent to publish’’ and be disclosed as a routine use for the disclosure is deemed necessary and an advance copy of the system notice following purposes: proper. have been sent to the appropriate 1. The record of an individual who is 8. Any information in this system of Congressional committees and to the covered by this system may be disclosed records concerning a delinquent debt Director of the Office of Management to a Member of Congress, or a staff may be disclosed to the Secretary of the and Budget (OMB) as required by 5 person acting for the member, when the Treasury, or to any designated U.S.C. 552a(r) (Privacy Act) and member or staff person requests the Government disbursing official, for the guidelines issued by OMB on December record on behalf of and at the written purpose of conducting administrative 12, 2000 (65FR77677). request of the individual. offset of any eligible Federal payments Approved: January 26, 2005. 2. Disclosure may be made to the under the authority set forth in 31 Anthony J. Principi, National Archives and Records U.S.C. 3716. Tax refund and Federal Secretary of Veterans Affairs. Administration (NARA) in records salary payments may be included in management inspections conducted those Federal payments eligible for SYSTEM NAME: under authority of Title 44 U.S.C. administrative offset. 3. Records from this system of records 9. Any information in this system of Purchase Credit Card Program-Va may be disclosed to the Department of records concerning a delinquent debt (131VA047). Justice (DOJ) (including U.S. Attorneys) may be disclosed to the Secretary of the or in a proceeding before a court, Treasury for appropriate collection or SYSTEM LOCATION: adjudicative body, or other termination action, including the This system of records is located in administrative body when litigation or transfer of the indebtedness for the finance/fiscal office of the local the adjudicative or administrative collection or termination, in accordance installation of the Department, the process is likely to affect VA, its with 31 U.S.C. 3711(g)(4), to a debt Financial Services Center, Austin, TX, employees or any of its components, or collection center designated by the as well as VA Central Office, when VA, its employees, or any of its Secretary of the Treasury, to a private Washington, DC. Records necessary for components is a party to the litigation collection agency, or to the Department the contractor to perform under the or process, or has an interest in the of Justice. The Secretary of the Treasury, contract are located at the contractor’s litigation or process, and the use of such through the Department of the Treasury, facility. records is deemed by VA to be relevant a designated debt collection center, a
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private collection agency, or the consumer reporting agencies under year, then transfer to a Federal Archives Department of Justice may take certain circumstances. and Records Center, Destroy 6 years and appropriate action on a debt in 3 months after period covered by POLICIES AND PRACTICES FOR STORING, accordance with the existing laws under account. RETRIEVING, ACCESSING, RETAINING, AND which the debt arose. DISPOSING OF RECORDS IN THE SYSTEM: 10. Records from this system of SYSTEM MANAGER(S) AND ADDRESS: records may be disclosed to officials of STORAGE: Deputy Assistant Secretary for labor organizations recognized under 5 Paper documents and electronic Finance (047), VA Central Office, U.S.C. chapter 71 when relevant and storage media. Washington, DC 20420. necessary to their duties of exclusive RETRIEVABILITY: NOTIFICATION PROCEDURE: representation concerning personnel These records may be retrieved using Individuals seeking information policies, practices, and matters affecting various combinations of name or working conditions. concerning the existence of a record identification number (credit card pertaining to them must submit a DISCLOSURE TO CONSUMER REPORTING number) of the individual on whom the written request to the VA station where AGENCIES: records are maintained. the records are maintained. Such Disclosures pursuant to 5 U.S.C. SAFEGUARDS: requests must contain a reasonable 552a(b)(12) may be made to consumer Access to these records is restricted to description of the records requested. In reporting agencies as defined in the Fair authorized VA employees, contractors, addition, identification of the individual Credit Reporting Act 15 U.S.C. 1681a(f) or subcontractors on a ‘‘need to know’’ requesting the information will be or the Federal Claims Collection Act of basis. Offices where these records are required in the written request and will 1966 31 U.S.C. 3701(a)(3). The maintained are locked after working consist of the requester’s name, disclosure is limited to information hours and are protected from outside signature, and address, as a minimum. necessary to establish the identity of the access by the Federal Protective Service, RECORD ACCESS PROCEDURE: individual, including name, address, other security officers, and alarm (See Notification procedure above.) and taxpayer identification number systems. Access to computerized (Social Security number), the amount, records is restricted to authorized VA CONTESTING RECORD PROCEDURE: status and history of the claim, and employees, contractors, or (See Notification procedure above.) limited to the agency or program under subcontractors by means of unique user which the claim arose for the sole identification and passwords. RECORD SOURCE CATEGORIES: purpose of allowing the consumer Information received from individuals reporting agency to prepare a RETENTION AND DISPOSAL: and the private card contractor. commercial credit report. Title 31 U.S.C. In accordance with General Records 3711(e) governs the release of names Schedule 6, Item 1a(2), retain in inactive [FR Doc. 05–2676 Filed 2–10–05; 8:45 am] and addresses of any person to storage 1 year after the close of the fiscal BILLING CODE 8320–01–M
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Part II
Department of Housing and Urban Development Federal Property Suitable as Facilities To Assist the Homeless; Notice
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DEPARTMENT OF HOUSING AND interested in any such property should Dated: February 3, 2005. URBAN DEVELOPMENT send a written expression of interest to Mark R. Johnston, HHS, addressed to John Hicks, Division Director, Office of Special Needs Assistance [Docket No. FR–4980–N–06] of Property Management, Program Programs. Federal Property Suitable as Facilities Support Center, HHS, room 5B–17, 5600 TITLE V PROPERTIES REPORTED IN YEAR To Assist the Homeless Fishers Lane, Rockville, MD 20857; (301) 443–2265. (This is not a toll-free 2004 WHICH ARE SUITABLE AND AGENCY: Office of the Assistant number.) HHS will mail to the AVAILABLE Secretary for Community Planning and interested provider an application Agriculture Development, HUD. packet, which will include instructions Montana ACTION: Notice. for completing the application. In order to maximize the opportunity to utilize a Building SUMMARY: This Notice identifies suitable property, providers should Ofc. Bldg. unutilized, underutilized, excess, and submit their written expressions of Aerial Fire Depot Missoula MT 59808– surplus Federal property reviewed by interest as soon as possible. For HUD for suitability for possible use to Property No.: 15200410001 complete details concerning the Status: Unutilized assist the homeless. processing of applications, the reader is Comment: 957 sq. ft. w/598 sq. ft. garage, FOR FURTHER INFORMATION CONTACT: encouraged to refer to the interim rule presence of asbestos, off-site use only Kathy Ezzell, room 7262, Department of governing this program, 24 CFR part Air Force Housing and Urban Development, 451 581. Seventh Street SW., Washington, DC For more information regarding Alaska 20410; telephone (202) 708–1234; TDD particular properties identified in this Building number for the hearing- and speech- Notice (i.e., acreage, floor plan, existing Bldg. 7525 impaired (202) 708–2565 (these sanitary facilities, exact street address), Elmendorf AFB telephone numbers are not toll-free), or providers should contact the Elmendorf AFB AK 99506– call the toll-free Title V information line appropriate landholding agencies at the Property No.: 18200230009 at 1–800–927–7588. following addresses: U.S. Army: Status: Unutilized Comment: 26,226 sq. ft., need rehab, possible SUPPLEMENTARY INFORMATION: In Audredy C. Ormerod, Headquarters, asbestos/lead paint, most recent use— accordance with 24 CFR part 581 and Department of the Army, Office of the dormitory, off-site use only section 501 of the Stewart B. McKinney Assistant Chief of Staff for Installation Homeless Assistance Act (42 U.S.C. Management, Attn: DAIM–MD, Room Hawaii 11411), as amended, HUD is publishing 1E677, 600 Army Pentagon, Building this Notice to identify Federal buildings Washington, DC 20310–0600; (703) 692– Bldg. 849 and other real property that HUD 9223; Corps of Engineers: Shirley Bellows AFS reviewed in 2004 for suitability for use Middleswarth, Army Corps of Bellows AFS HI to assist the homeless. The properties Engineers, Civil Division, Directorate of Property No.: 18200330008 were reviewed using information Real Estate, 441 G Street, Washington, Status: Unutilized Comment: 462 sq. ft., concrete storage facility provided to HUD by Federal DC 20314–1000; (202) 761–7425; U.S. landholding agencies regarding Navy: Charles C. Cocks, Dept. of Navy, Missouri unutilized and underutilized buildings Real Estate Policy Division, Naval Building and real property controlled by such Facilities Engineering Command, Bldgs. 90A/B, 91A/B, 92A/B agencies or by GSA regarding its Washington Navy Yard, 1322 Patterson Jefferson Barracks Housing inventory of excess or surplus Federal Ave., SE, Suite 1000, Washington, DC St. Louis MO 63125– property. 20374–5065; (202) 685–9200; U.S. Air Property No.: 18200220002 In accordance with 24 CFR part Force: Kathryn M. Halvorson, Air Force Status: Excess 581.3(b) landholding agencies are Real Property Agency, 1700 North Comment: 6450 sq. ft., needs repair, includes required to notify HUD by December 31, Moore St., Suite 2300, Arlington, VA 2 acres 2004, the current availability status and 22209–2802; (703) 696–5501; GSA: Nebraska classification of each property Brian K. Polly, Office of Property Land controlled by the Agencies that were Disposal, GSA, 18th and F Streets NW., Hastings Radar Bomb Scoring published by HUD as suitable and Washington, DC 20405; (202) 501–0084; Hastings Co: Adams NE 68901– available which remain available for Dept. of Veterans Affairs: Amelia Property No.: 18199810027 application for use by the homeless. McLellan, Real Property Service, Dept. Status: Unutilized Pursuant to 24 CFR part 581.8(d) and of Veterans Affairs, room 419, 810 Comment: 11 acres (e) HUD is required to publish a list of Vermont Ave. NW., Washington, DC New York those properties reported by the 20420; (202) 565–5398; Dept. of Energy: Agencies and a list of suitable/ Andy Duran, Office of Engineering & Building unavailable properties including the Construction Management, ME–90, Lockport Comm. Facility reasons why they are not available. Washington, DC 20585; (202) 586–4548; Shawnee Road Properties listed as suitable/available Dept. of Agriculture: Marsha Pruitt, Lockport Co: Niagara NY will be available exclusively for Reporters Building, 300 7th St., SW., Property No.: 18200040004 Status: Excess homeless use for a period of 60 days Rm 310B, Washington, DC 20250; (202) Comment: 2 concrete block bldgs., (415 & from the date of this Notice. Where 720–4335; Dept. of Interior: Linda 2929 sq. ft.) on 7.68 acres property is described as for ‘‘off-site use Tribby, Acquisition & Property Bldg. 240 only’’ recipients of the property will be Management, Dept. of Interior, 1849 C Rome Lab required to relocate the building to their St. NW., MS 5512, Washington, DC Rome Co: Oneida NY 13441– own site at their own expense. 20240; (202) 219–0728; (These are not Property No.: 18200340023 Homeless assistance providers toll-free numbers). Status: Unutilized
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Comment: 39108 sq. ft., presence of asbestos, most recent use—residential, off-site use Status: Excess most recent use—Electronic Research Lab only Comment: 2135 sq. ft., presence of asbestos/ Bldg. 247 3 Bldgs. lead paint, most recent use—residential, Rome Lab Hunley Park/Charleston AFB off-site use only Rome Co: Oneida NY 13441– N. Charleston Co: SC 29404– 11 Bldgs. Property No.: 18200340024 Property No.: 18200430016 Charleston AFB Status: Unutilized Location: 3302A/B, 3418A/B, 3424A/B Floor Plan 4AR Comment: 13199 sq. ft., presence of asbestos, Status: Excess N. Charleston Co: SC 29404– most recent use—Electronic Research Lab Comment: 2470 sq. ft., needs extensive Property No.: 18200430024 Bldg. 248 repair, presence of asbestos/lead paint, Status: Excess Rome Lab most recent use—residential, off-site use Comment: 2652 sq. ft., presence of asbestos/ Rome Co: Oneida NY 13441– only lead paint, most recent use—residential, Property No.: 18200340025 Bldg. 3207A/B off-site use only Status: Unutilized Hunley Park/Charleston AFB 4 Bldgs. Comment: 4000 sq. ft., presence of asbestos, N. Charleston Co: SC 29404– Charleston AFB most recent use—Electronic Research Lab Property No.: 18200430017 N. Charleston Co: SC 29404– Bldg. 302 Status: Excess Property No.: 18200430025 Rome Lab Comment: 2688 sq. ft., needs extensive Location: 2314A/B, 2327A/B, 2339A/B, Rome Co: Oneida NY 13441– repair, presence of asbestos/lead paint, 2397A/B Property No.: 18200340026 most recent use—residential, off-site use Status: Excess Status: Unutilized only Comment: 2722 sq. ft., presence of asbestos/ Comment: 10288 sq. ft., presence of asbestos, 11 Bldgs. lead paint, most recent use—residential, most recent use—communications facility Hunley Park/Charleston AFB off-site use only Unit Type 3E 5 Bldgs. South Carolina N. Charleston Co: SC 29404– Charleston AFB Building Property No.: 18200430018 N. Charleston Co: SC 29404– 24 Bldgs. Status: Excess Property No.: 18200430026 Hunley Park/Charleston AFB Comment: 2688 sq. ft., needs extensive Location: 2311A/B, 2322A/B, 2329A/B, Idaho Ave., Unit Type 3S repair, presence of asbestos/lead paint, 2385A/B, 2399A/B N. Charleston Co: SC 29404–4827 most recent use—residential, off-site use Status: Excess Property No.: 18200430011 only Comment: 2642 sq. ft., presence of asbestos/ Status: Excess 24 Bldgs. lead paint, most recent use—residential, Comment: 1624 sq. ft., needs extensive Hunley Park/Charleston AFB off-site use only repair, presence of asbestos/lead paint, Unit Type 3J 4 Bldgs. most recent use—residential, off-site use N. Charleston Co: SC 29404– Charleston AFB only Property No.: 18200430019 N. Charleston Co: SC 29404– 6 Bldgs. Status: Excess Property No.: 18200430027 Hunley Park/Charleston AFB Comment: 2787 sq. ft., needs extensive Location: 2315A/B, 2323A/B, 2330A/B, N. Charleston Co: SC 29404– repair, presence of asbestos/lead paint, 2387A/B Property No.: 18200430012 most recent use—residential, off-site use Status: Excess Location: 3510, 3514, 3517, 3528, 3533, 3538 only Comment: 2756 sq. ft., presence of asbestos/ Status: Excess Bldg. 3209A/B lead paint, most recent use—residential, Comment: 1684 sq. ft., needs extensive Hunley Park/Charleston AFB off-site use only repair, presence of asbestos/lead paint, N. Charleston Co: SC 29404– 3 Bldgs. most recent use—residential, off-site use Property No.: 18200430020 Charleston AFB only Status: Excess N. Charleston Co: SC 29404– Bldg. 3601 Comment: 2944 sq. ft., needs extensive Property No.: 18200430028 Hunley Park/Charleston AFB repair, presence of asbestos/lead paint, Location: 2321A/B, 2326A/B, 2336A/B N. Charleston Co: SC 29404– most recent use—residential, off-site use Status: Excess Property No.: 18200430013 only Comment: 2766 sq. ft., presence of asbestos/ Status: Excess Bldgs. 3107A/B, 3205A/B lead paint, most recent use—residential, Comment: 1902 sq. ft., needs extensive Hunley Park/Charleston AFB off-site use only repair, presence of asbestos/lead paint, N. Charleston Co: SC 29404– Bldg. 2331A/B most recent use—residential, off-site use Property No.: 18200430021 Charleston AFB only Status: Excess N. Charleston Co: SC 29494– 5 Bldgs. Comment: 2944 sq. ft., needs extensive Property No.: 18200430029 Hunley Park/Charleston AFB repair, presence of asbestos/lead paint, Status: Excess N. Charleston Co: SC 29404– most recent use—residential, off-site use Comment: 2803 sq. ft., presence of asbestos/ Property No.: 18200430014 only lead paint, most recent use—residential, Location: 3524, 3603, 3605, 3607, 3608 5 Bldgs. off-site use only Status: Excess Hunley Park/Charleston AFB Bldg. 2341A/B Comment: 1788 sq. ft., needs extensive Unit Type 4J Charleston AFB repair, presence of asbestos/lead paint, N. Charleston Co: SC 29404– N. Charleston Co: SC 29404– most recent use—residential, off-site use Property No.: 18200430022 Property No.: 18200430030 only Status: Excess Status: Excess 4 Bldgs. Comment: 3423 sq. ft., needs extensive Comment: 2715 sq. ft., presence of asbestos/ Hunley Park/Charleston AFB repair, presence of asbestos/lead paint, lead paint, most recent use—residential, N. Charleston Co: SC 29404– most recent use—residential, off-site use off-site use only Property No.: 18200430015 only 6 Bldgs. Location: 3009A/B, 3013A/B, 3202A/B, 7 Bldgs. Charleston AFB 3214A/B Charleston AFB N. Charleston Co: SC 29404– Status: Excess Floor Plan 1 Property No.: 18200430031 Comment: 2346 sq. ft., needs extensive N. Charleston Co: SC 29404–4827 Location: 2346, 2354, 2363, 2382, 2389, 2396 repair, presence of asbestos/lead paint, Property No.: 18200430023 Status: Excess
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Comment: 1394 sq. ft., presence of asbestos/ 7 Bldgs. Property No.: 18200430048 lead paint, most recent use—residential, Charleston AFB Location: 1846A/B, 1853A/B, 1862A/B, off-site use only Floor Plan E6 2203A/B 15 Bldgs N. Charleston Co: SC 29204– Status: Excess Charleston AFB Property No.: 18200430040 Comment: 2363 sq. ft., presence of asbestos/ Floor Plan 6A Status: Excess lead paint, most recent use—residential, N. Charleston Co: SC 29404– Comment: 1249 sq. ft., presence of asbestos/ off-site use only lead paint, most recent use—residential, Property No.: 18200430032 40 Bldgs. off-site use only Status: Excess Charleston AFB Comment: 1378 sq. ft., presence of asbestos/ 11 Bldgs. Floor Plan 2A lead paint, most recent use—residential, Charleston AFB N. Charleston Co: SC 29404– off-site use only Floor Plan F6 Property No.: 18200430049 N. Charleston Co: SC 29404– 12 Bldgs. Status: Excess Property No.: 18200430041 Charleston AFB Comment: 2387 sq. ft., presence of asbestos/ Floor Plan 6B Status: Excess Comment: 1249 sq. ft., presence of asbestos/ lead paint, most recent use—residential, N. Charleston Co: SC 29404– off-site use only Property No.: 18200430033 lead paint, most recent use—residential, Status: Excess off-site use only Bldg. 1765A/B Comment: 1387 sq. ft., presence of asbestos/ 11 Bldgs. Charleston AFB lead paint, most recent use—residential, Charleston AFB N. Charleston Co: SC 29404– off-site use only Floor Plan G6 Property No.: 18200430050 13 Bldgs. N. Charleston Co: SC 29404– Status: Excess Charleston AFB Property No.: 18200430042 Comment: 2558 sq. ft., presence of asbestos/ Floor Plan 1–1 Status: Excess lead paint, most recent use—residential, N. Charleston Co: SC 29404– Comment: 1390 sq. ft., presence of asbestos/ off-site use only Property No.: 18200430034 lead paint, most recent use—residential, 42 Bldgs. Status: Excess off-site use only Charleston AFB Comment: 2305 sq. ft., presence of asbestos/ 9 Bldgs. Floor Plan 2R lead paint, most recent use—residential, Charleston AFB N. Charleston Co: SC 29404– off-site use only Floor Plan GV Property No.: 18200430051 Bldg. 2377 N. Charleston Co: SC 29404– Status: Excess Charleston AFB Property No.: 18200430043 Comment: 2558 sq. ft., presence of asbestos/ N. Charleston Co: SC 29404– Status: Excess lead paint, most recent use—residential, Property No.: 18200430035 Comment: 1390 sq. ft., presence of asbestos/ off-site use only Status: Excess lead paint, most recent use—residential, Bldg. 1828A/B Comment: 1662 sq. ft., presence of asbestos/ off-site use only Charleston AFB lead paint, most recent use—residential, 8 Bldgs. N. Charleston Co: SC 29404– off-site use only Charleston AFB Floor Plan H6 Property No.: 18200430052 10 Bldgs. Status: Excess Charleston AFB N. Charleston Co: SC 29404– Comment: 2330 sq. ft., presence of asbestos/ Floor Plan D6 Property No.: 18200430044 lead paint, most recent use—residential, N. Charleston Co: SC 29204– Status: Excess off-site use only Property No.: 18200430036 Comment: 1396 sq. ft., presence of asbestos/ Status: Excess lead paint, most recent use—residential, 3 Bldgs. Comment: 1241 sq. ft., presence of asbestos/ off-site use only Charleston AFB lead paint, most recent use—residential, Bldgs. 1841A/B, 1849A/B N. Charleston Co: SC 29404– off-site use only Charleston AFB Property No.: 18200430053 10 Bldgs. N. Charleston Co: SC 29404– Location: 2309A/B, 2320A/B, 2335A/B Charleston AFB Property No.: 18200430045 Status: Excess Floor Plan D1 Status: Excess Comment: 2766 sq. ft., presence of asbestos/ N. Charleston Co: SC 29404– Comment: 2249 sq. ft., presence of asbestos/ lead paint, most recent use—residential, Property No.: 18200430037 lead paint, most recent use—residential, off-site use only Status: Excess off-site use only South Dakota Comment: 1250 sq. ft., presence of asbestos/ 9 Bldgs. lead paint, most recent use—residential, Charleston AFB Building off-site use only Floor Plan I6 West Communications Annex 7 Bldgs. N. Charleston Co: SC 29404– Ellsworth Air Force Base Charleston AFB Property No.: 18200430046 Ellsworth AFB Co: Meade SD 57706– Floor Plan DIV Status: Excess Property No.: 18199340051 N. Charleston Co: SC 29404– Comment: 1400 sq. ft., presence of asbestos/ Status: Unutilized Property No.: 18200430038 lead paint, most recent use—residential, Comment: 2 bldgs. on 2.37 acres, remote area, Status: Excess off-site use only lacks infrastructure, road hazardous during Comment: 1250 sq. ft., presence of asbestos/ 7 Bldgs. winter storms, most recent use—industrial lead paint, most recent use—residential, Charleston AFB storage off-site use only Floor Plan IV Land 7 Bldgs. N. Charleston Co: SC 29404– Charleston AFB Property No.: 18200430047 S. Nike Ed. Annex Land Floor Plan DV Status: Excess Ellsworth AFB N. Charleston Co: SC 29404– Comment: 1400 sq. ft., presence of asbestos/ Pennington SD 57706– Property No.: 18200430039 lead paint, most recent use—residential, Property No.: 18200220010 Status: Excess off-site use only Status: Unutilized Comment: 1241 sq. ft., presence of asbestos/ 4 Bldgs. Comment: 7 acres w/five foundations from lead paint, most recent use—residential, Charleston AFB demolished bldgs. remain on site; with a off-site use only N. Charleston Co: SC 29404– road and a parking lot
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Army Property No.: 21200130083 Comment: 1311 sq. ft., presence of asbestos/ Status: Unutilized lead paint, most recent use—housing, off- Alaska Comment: 9000 sq. ft., poor condition, site use only Building possible asbestos/lead paint, most recent Bldg. 00127 Armory use—storage, off-site use only Pueblo Chemical Depot NG Noorvik Bldg. T–209 Pueblo CO 81006– Noorvik AK 99763– Fort Carson Property No.: 21200420179 Property No.: 21200110075 Ft. Carson Co: El Paso CO 80913– Status: Unutilized Status: Unutilized Property No.: 21200130084 Comment: 8067 sq. ft., presence of asbestos, Comment: 1200 sq. ft., most recent use— Status: Unutilized most recent use—barracks, off-site use only armory, off-site use only Comment: 400 sq. ft., poor condition, Bldg. 00001 possible asbestos/lead paint, most recent Georgia Kiana Natl Guard Armory use—maint. shop, off-site use only Building Kiana AK 99749– Bldg. T–217 Bldg. 1252, Fort Benning Property No.: 21200340075 Fort Carson Ft. Benning Co: Muscogee GA 31905– Status: Excess Ft. Carson Co: El Paso CO 80913– Comment: 1200 sq. ft., butler bldg., needs Property No.: 21200130085 Property No.: 21199220694 repair, off-site use only Status: Unutilized Status: Unutilized Comment: 9000 sq. ft., poor condition, Comment: 583 sq. ft., 1 story, most recent Arizona possible asbestos/lead paint, most recent use—storehouse, needs major rehab, off- Building use—maint., off-site use only site removal only Bldg. 4963, Fort Benning Bldg. 30012, Fort Huachuca Bldg. T–218 Sierra Vista Co: Cochise AZ 85635– Fort Carson Ft. Benning Co: Muscogee GA 31905– Property No.: 21199310298 Ft. Carson Co: El Paso CO 80913– Property No.: 21199220710 Status: Excess Property No.: 21200130086 Status: Unutilized Comment: 237 sq. ft., 1-story block, most Status: Unutilized Comment: 6077 sq. ft., 1 story, most recent recent use—storage Comment: 9000 sq. ft., poor condition, use—storehouse, need repairs, off-site removal only Bldg. S–306 possible asbestos/lead paint, most recent Yuma Proving Ground use—maint., off-site use only Bldg. 2396, Fort Benning Yuma Co: Yuma/La Paz AZ 85365–9104 Bldg. T–220 Ft. Benning Co: Muscogee GA 31905– Property No.: 21199420346 Fort Carson Property No.: 21199220712 Status: Unutilized Ft. Carson Co: El Paso CO 80913– Status: Unutilized Comment: 4103 sq. ft., 2-story, needs major Property No.: 21200130087 Comment: 9786 sq. ft., 1 story, most recent rehab, off-site use only Status: Unutilized use—dining facility, needs major rehab, Bldg. 503, Yuma Proving Ground Comment: 690 sq. ft., poor condition, off-site removal only Yuma Co: Yuma AZ 85365–9104 possible asbestos/lead paint, most recent Bldg. 4882, Fort Benning Property No.: 21199520073 use—heat plant, off-site use only Ft. Benning Co: Muscogee GA 31905– Status: Underutilized Bldg. T–6001 Property No.: 21199220727 Comment: 3789 sq. ft., 2-story, major Fort Carson Status: Unutilized structural changes required to meet floor Ft. Carson Co: El Paso CO 80913– Comment: 6077 sq. ft., 1 story, most recent loading & fire code requirements, presence Property No.: 21200130088 use—storage, need repairs, off-site removal of asbestos, off-site use only Status: Unutilized only Bldg. 00500 Comment: 4372 sq. ft., poor condition, Bldg. 4967, Fort Benning Yuma Proving Ground possible asbestos/lead paint, most recent Ft. Benning Co: Muscogee GA 31905– Yuma AZ 85365–9498 use—vet clinic, off-site use only Property No.: 21199220728 Property No.: 21200340076 Bldg. S6263 Status: Unutilized Status: Unutilized Fort Carson Comment: 6077 sq. ft., 1 story, most recent Comment: 4171 sq. ft., needs rehab, possible Ft. Carson Co: El Paso CO 80913– use—storage, need repairs, off-site removal asbestos/lead paint, most recent use— Property No.: 21200310051 only training, off-site use only Status: Unutilized Bldg. 4977, Fort Benning Bldg. 43002 Comment: 24,902 sq. ft., needs repair, Ft. Benning Co: Muscogee GA 31905– Fort Huachuca presence of asbestos/lead paint, most Property No.: 21199220736 Cochise Co: AZ 85613–7010 recent use—offices, off-site use only Status: Unutilized Property No.: 21200440066 Bldg. T–211 Comment: 192 sq. ft., 1 story, most recent Status: Excess Fort Carson use—offices, need repairs, off-site removal Comment: 23,152 sq. ft., presence of Ft. Carson Co: El Paso CO 80913– only asbestos/lead paint, most recent use— Property No.: 21200340080 Bldg. 4944, Fort Benning dining, off-site use only Status: Unutilized Ft. Benning Co: Muscogee GA 31905– Comment: 4172 sq. ft., presence of asbestos/ Property No.: 21199220747 California lead paint, most recent use—office, off-site Status: Unutilized Building use only Comment: 6400 sq. ft., 1 story, most recent Bldgs. 18026, 18028 Bldg. S6268 use—vehicle maintenance shop, need Camp Roberts Fort Carson repairs, off-site removal only Monterey CA 93451–5000 Ft. Carson Co: El Paso CO 80913– Bldg. 4884, Fort Benning Property No.: 21200130081 Property No.: 21200340085 Ft. Benning Co: Muscogee GA 31905– Status: Excess Status: Unutilized Property No.: 21199220762 Comment: 2024 sq. ft. & 487 sq. ft., concrete, Comment: 840 sq. ft., presence of asbestos/ Status: Unutilized poor condition, off-site use only lead paint, most recent use—storage, off- Comment: 2000 sq. ft., 1 story, most recent site use only use—headquarters bldg., need repairs, off- Colorado Bldgs. 25, 26, 27 site removal only Building Pueblo Chemical Depot Bldg. 4964, Fort Benning Bldg. T–108 Pueblo CO 81006– Ft. Benning Co: Muscogee GA 31905– Fort Carson Property No.: 21200420178 Property No.: 21199220763 Ft. Carson Co: El Paso CO 80913– Status: Unutilized Status: Unutilized
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Comment: 2000 sq. ft., 1 story, most recent Bldg. 92 Property No.: 21199930131 use—headquarters bldg., need repairs, off- Fort Benning Status: Unutilized site removal only Co: Muscogee GA 31905– Comment: 7514 sq. ft., most recent use— Bldg. 4966, Fort Benning Property No.: 21199830278 storage, off-site use only Ft. Benning Co: Muscogee GA 31905– Status: Unutilized Bldg. 5886 Property No.: 21199220764 Comment: 637 sq. ft., needs rehab, most Fort Benning Status: Unutilized recent use—admin., off-site use only Ft. Benning Co: Muscogee GA 31905– Comment: 2000 sq. ft., 1 story, most recent Bldg. 4232 Property No.: 21199930134 use—headquarters bldg., need repairs, off- Fort Benning Status: Unutilized site removal only Co: Muscogee GA 31905– Comment: 67 sq. ft., most recent use—maint/ Bldg. 4965, Fort Benning Property No.: 21199830291 storage, off-site use only Ft. Benning Co: Muscogee GA 31905– Status: Unutilized Bldgs. 5974–5978 Property No.: 21199220769 Comment: 3720 sq. ft., needs rehab, most Fort Benning Status: Unutilized recent use—maint. bay, off-site use only Ft. Benning Co: Muscogee GA 31905– Comment: 7713 sq. ft., 1 story, most recent Bldg. 39720 Property No.: 21199930135 use—supply bldg., need repairs, off-site Fort Gordon Status: Unutilized removal only Ft. Gordon Co: Richmond GA 30905– Comment: 400 sq. ft., most recent use— Bldg. 4945, Fort Benning Property No.: 21199930119 storage, off-site use only Ft. Benning Co: Muscogee GA 31905– Status: Unutilized Bldg. 5993 Property No.: 21199220779 Comment: 1520 sq. ft., concrete block, Fort Benning Status: Unutilized possible asbestos/lead paint, most recent Ft. Benning Co: Muscogee GA 31905– Comment: 220 sq. ft., 1 story, most recent use—office, off-site use only Property No.: 21199930136 use—gas station, needs major rehab, off- Bldg. 1370 Status: Unutilized site removal only Fort Benning Comment: 960 sq. ft., most recent use— Bldg. 4023, Fort Benning Ft. Benning Co: Muscogee GA 31905– storage, off-site use only Ft. Benning Co: Muscogee GA 31905– Property No.: 21199930122 Bldg. 5994 Property No.: 21199310461 Status: Unutilized Fort Benning Status: Unutilized Comment: 5204 sq. ft., most recent use— Ft. Benning Co: Muscogee GA 31905– Comment: 2269 sq. ft., 1-story, needs rehab, hdqts. bldg., off-site use only Property No.: 21199930137 most recent use—maintenance shop, off- Bldg. 2288 Status: Unutilized site use only Fort Benning Comment: 2016 sq. ft., most recent use— Bldg. 4024, Fort Benning Ft. Benning Co: Muscogee GA 31905– storage, off-site use only Ft. Benning Co: Muscogee GA 31905– Property No.: 21199930123 Bldg. T–1003 Property No.: 21199310462 Status: Unutilized Fort Stewart Status: Unutilized Comment: 2481 sq. ft., most recent use— Hinesville Co: Liberty GA 31514– Comment: 3281 sq. ft., 1-story, needs rehab, admin., off-site use only Property No.: 21200030085 most recent use—maintenance shop, off- Bldg. 2293 Status: Excess site use only Fort Benning Comment: 9267 sq. ft., poor condition, most Bldg 4051, Fort Benning Ft. Benning Co: Muscogee GA 31905– recent use—admin., off-site use only Ft. Benning Co: Muscogee GA 31905– Property No.: 21199930125 Bldgs. T–1005, T–1006, T–1007 Property No.: 21199520175 Status: Unutilized Fort Stewart Status: Unutilized Comment: 2600 sq. ft., most recent use— Hinesville Co: Liberty GA 31514– Comment: 967 sq. ft., 1-story, needs rehab, hdqts. bldg., off-site use only Property No.: 21200030086 most recent use—storage, off-site use only Bldg. 2297 Status: Excess Bldg. 322 Fort Benning Comment: 9267 sq. ft., poor condition, most Fort Benning Ft. Benning Co: Muscogee GA 31905– recent use—storage, off-site use only Ft. Benning Co: Muscogee GA 31905– Property No.: 21199930126 Bldgs. T–1015, T–1016, T–1017 Property No.: 21199720156 Status: Unutilized Fort Stewart Status: Unutilized Comment: 5156 sq. ft., most recent use— Hinesville Co: Liberty GA 31514– Comment: 9600 sq. ft., needs rehab, most admin. Property No.: 21200030087 recent use—admin., off-site use only Bldg. 2508 Status: Excess Bldg. 2593 Fort Benning Comment: 7496 sq ft., poor condition, most Fort Benning Ft. Benning Co: Muscogee GA 31905– recent use—storage, off-site use only Ft. Benning Co: Muscogee GA 31905– Property No.: 21199930128 Bldgs. T–1018, T–1019 Property No.: 21199720167 Status: Unutilized Fort Stewart Status: Unutilized Comment: 2434 sq. ft., most recent use— Hinesville Co: Liberty GA 31514– Comment: 13644 sq. ft., needs rehab, most storage, off-site use only Property No.: 21200030088 recent use—parachute shop, off-site use Bldg. 2815 Status: Excess only Fort Benning Comment: 9267 sq. ft., poor condition, most Bldg. 2595 Ft. Benning Co: Muscogee GA 31905– recent use—storage, off-site use only Fort Benning Property No.: 21199930129 Bldgs. T–1020, T–1021 Ft. Benning Co: Muscogee GA 31905– Status: Unutilized Fort Stewart Property No.: 21199720168 Comment: 2578 sq. ft., most recent use— Hinesville Co: Liberty GA 31514– Status: Unutilized hdqts. bldg., off-site use only Property No.: 21200030089 Comment: 3356 sq. ft., needs rehab, most Bldg. 3815 Status: Excess recent use—chapel, off-site use only Fort Benning Comment: 9267 sq. ft., poor condition, most Bldg. 4476 Ft. Benning Co: Muscogee GA 31905– recent use—storage, off-site use only Fort Benning Property No.: 21199930130 Bldg. T–1022 Ft. Benning Co: Muscogee GA 31905– Status: Unutilized Fort Stewart Property No.: 21199720184 Comment: 7575 sq. ft., most recent use— Hinesville Co: Liberty GA 31514– Status: Unutilized storage, off-site use only Property No.: 21200030090 Comment: 3148 sq. ft., needs rehab, most Bldg. 3816 Status: Excess recent use—vehicle maint. shop, off-site Fort Benning Comment: 9267 sq. ft., poor condition, most use only Ft. Benning Co: Muscogee GA 31905– recent use—supply center, off-site use only
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Bldg. T–1027 Hinesville Co: Liberty GA 31314–5136 Fort Benning Fort Stewart Property No.: 21200230046 Ft. Benning Co: Chattahoochee GA 31905– Hinesville Co: Liberty GA 31514– Status: Excess Property No.: 21200420050 Property No.: 21200030091 Comment: 27,254 sq. ft., off-site use only Status: Excess Status: Excess Bldg. T1191 Comment: 7356 sq. ft., most recent use—heat Comment: 9024 sq ft., poor condition, most Fort Stewart plant bldg., off-site use only recent use—storage, off-site use only Hinesville Co: Liberty GA 31314–5136 Bldg. 11370 Bldg. T–1028 Property No.: 21200230047 Fort Benning Fort Stewart Status: Excess Ft. Benning Co: Chattahoochee GA 31905– Hinesville Co: Liberty GA 31514– Comment: 9386 sq. ft., off-site use only Property No.: 21200420051 Property No.: 21200030092 Bldg. T1192 Status: Excess Status: Excess Fort Stewart Comment: 9602 sq. ft., most recent use—nco/ Comment: 7496 sq. ft., poor condition, most Hinesville Co: Liberty GA 31314–5136 enl bldg., off-site use only recent use—storage, off-site use only Property No.: 21200230048 Bldg. T924 Bldgs. T–1035, T–1036, T–1037 Status: Excess Fort Stewart Fort Stewart Comment: 3992 sq. ft., off-site use only Ft. Stewart Co: Liberty GA 31314– Hinesville Co: Liberty GA 31514– Bldgs. 00064, 00065 Property No.: 21200420194 Property No.: 21200030093 Camp Frank D. Merrill Status: Excess Status: Excess Dahlonega Co: Lumpkin GA 30597– Comment: 9360 sq. ft., most recent use— Comment: 1626 sq ft., poor condition, most Property No.: 21200330108 warehouse, off-site use only recent use—storage, off-site use only Status: Unutilized Bldgs. T–1038, T–1039 Comment: 648 sq. ft. each, concrete block, Land Fort Stewart most recent use—water support treatment Land (Railbed) Hinesville Co: Liberty GA 31514– bldg., off-site use only Fort Benning Property No.: 21200030094 Bldg. 00232 Ft. Benning Co: Muscogee GA 31905– Status: Excess Hunter Army Airfield Property No.: 21199440440 Comment: 1626 sq. ft., poor condition, most Garrison Co: Chatham GA 31409– Status: Unutilized recent use—storage, off-site use only Property No.: 21200420007 Comment: 17.3 acres extending 1.24 miles, Bldgs. T–1040, T–1042 Status: Excess no known utilities potential Fort Stewart Comment: 2436 sq. ft., most recent use— Hawaii Hinesville Co: Liberty GA 31514– headquarters bldg., off-site use only Property No.: 21200030095 Bldg. P1450 Building Status: Excess Hunter Army Airfield P–88 Comment: 1626 sq. ft., poor condition, most Garrison Co: Chatham GA 31409– Aliamanu Military Reservation recent use—storage, off-site use only Property No.: 21200420027 Honolulu Co: Honolulu HI 96818– Bldgs. T–1086, T–1087, T–1088 Status: Excess Property No.: 21199030324 Fort Stewart Comment: 100,230 sq. ft., most recent use— Location: Approximately 600 feet from Main Hinesville Co: Liberty GA 31514– health clinic, off-site use only Gate on Aliamanu Drive. Property No.: 21200030096 Bldg. 4151 Status: Unutilized Status: Excess Fort Benning Comment: 45,216 sq. ft. underground tunnel Comment: 7680 sq. ft., poor condition, most Ft. Benning Co: Chattahoochee GA 31905– complex, pres. of asbestos clean-up recent use—storage, off-site use only Property No.: 21200420032 required of contamination, use of respirator Bldg. T0130 Status: Excess required by those entering property, use Fort Stewart Comment: 3169 sq. ft., most recent use— limitations Hinesville Co: Liberty GA 31314–5136 battle lab, off-site use only Bldg. T–337 Property No.: 21200230041 Bldg. 4152 Fort Shafter Status: Excess Fort Benning Honolulu Co: Honolulu HI 96819– Comment: 10,813 sq. ft., off-site use only Ft. Benning Co: Chattahoochee GA 31905– Property No.: 21199640203 Bldg. T0157 Property No.: 21200420033 Status: Unutilized Fort Stewart Status: Excess Comment: 132 sq. ft., most recent use— Hinesville Co: Liberty GA 31314–5136 Comment: 721 sq. ft., most recent use—battle storage, off-site use only Property No.: 21200230042 lab, off-site use only Bldg. 06508 Status: Excess Bldg. 4476 Schofield Barracks Comment: 1440 sq. ft., off-site use only Fort Benning Wahiawa HI 96786– Bldg. T0251 Ft. Benning Co: Chattahoochee GA 31905– Property No.: 21200220106 Fort Stewart Property No.: 21200420034 Status: Unutilized Hinesville Co: Liberty GA 31314–5136 Status: Excess Comment: 1140 sq. ft., most recent use— Property No.: 21200230043 Comment: 3148 sq. ft., most recent use—veh. office, off-site use only Status: Excess maint. shop, off-site use only Illinois Comment: 27,254 sq. ft., off-site use only Bldg. 8771 Bldgs. T291, T292 Fort Benning Building Fort Stewart Ft. Benning Co: Chattahoochee GA 31905– Bldg. 54 Hinesville Co: Liberty GA 31314–5136 Property No.: 21200420044 Rock Island Arsenal Property No.: 21200230044 Status: Excess Rock Island Co: Rock Island IL 61299– Status: Excess Comment: 972 sq. ft., most recent use—RH/ Property No.: 21199620666 Comment: 5220 sq. ft. each, off-site use only TGT house, off-site use only Status: Unutilized Bldg. T0295 Bldg. 9028 Comment: 2000 sq. ft., most recent use—oil Fort Stewart Fort Benning storage, needs repair, off-site use only Hinesville Co: Liberty GA 31314–5136 Ft. Benning Co: Chattahoochee GA 31905– Bldg. AR112 Property No.: 21200230045 Property No.: 21200420049 Sheridan Reserve Status: Excess Status: Excess Arlington Heights IL 60052–2475 Comment: 5220 sq. ft., off-site use only Comment: 54 sq. ft., most recent use—sew/ Property No.: 21200110081 Bldg. T0470 wst wtr treatment, off-site use only Status: Unutilized Fort Stewart Bldg. 9029 Comment: 1000 sq. ft., off-site use only
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Louisiana Ft. George G. Meade Aberdeen Proving Grounds Building Ft. Meade Co: Anne Arundel MD 20755– Aberdeen Co: Harford MD 21005– Property No.: 21200140083 Property No.: 21200320121 Bldg. 8423, Fort Polk Status: Unutilized Status: Unutilized Ft. Polk Co: Vernon Parish LA 71459– Comment: 2441 sq. ft., presence of asbestos/ Comment: 505 sq. ft., off-site use only Property No.: 21199640528 lead paint, most recent use—storehouse, Bldg. 01113 Status: Underutilized off-site use only Comment: 4172 sq. ft., most recent use— Aberdeen Proving Grounds barracks Bldg. 979 Aberdeen Co: Harford MD 21005– Ft. George G. Meade Property No.: 21200320128 Maryland Ft. Meade Co: Anne Arundel MD 20755– Status: Unutilized Building Property No.: 21200140084 Comment: 1012 sq. ft., off-site use only Status: Unutilized Bldgs. 01124, 01132 Bldg. 0459B Comment: 2331 sq. ft., presence of asbestos/ Aberdeen Proving Grounds Aberdeen Proving Ground lead paint, most recent use—admin., off- Aberdeen Co: Harford MD 21005– Aberdeen Co: Harford MD 21005–5001 site use only Property No.: 21200120106 Property No.: 21200320129 Status: Unutilized Bldg. 1007 Status: Unutilized Comment: 225 sq. ft., poor condition, most Ft. George G. Meade Comment: 740/2448 sq. ft., most recent use— recent use—equipment bldg., off-site use Ft. Meade Co: Anne Arundel MD 20755– lab, off-site use only only Property No.: 21200140085 Bldgs. 02373, 02378 Status: Unutilized Aberdeen Proving Grounds Bldg. 00785 Comment: 3108 sq. ft., presence of asbestos/ Aberdeen Proving Ground Aberdeen Co: Harford MD 21005– lead paint, most recent use—storage, off- Property No.: 21200320130 Aberdeen Co: Harford MD 21005–5001 site use only Property No.: 21200120107 Status: Unutilized Status: Unutilized Bldg. 02207 Comment: 8359 sq. ft., most recent use— Comment: 160 sq. ft., poor condition, most Fort Meade training, off-site use only recent use—shelter, off-site use only Ft. Meade Co: Anne Arundel MD 20755– Bldg. 03558 Property No.: 21200220112 Aberdeen Proving Grounds Bldg. E3728 Status: Unutilized Aberdeen Co: Harford MD 21005– Aberdeen Proving Ground Comment: 6855 sq. ft., possible asbestos/lead Property No.: 21200320133 Aberdeen Co: Harford MD 21005–5001 paint, most recent use—storage, off-site use Status: Unutilized Property No.: 21200120109 only Comment: 18,000 sq. ft., most recent use— Status: Unutilized storage, off-site use only Comment: 2596 sq. ft., presence of asbestos/ Bldg. 2214 lead paint, most recent use—testing Fort George G. Meade Bldg. 05262 facility, off-site use only Fort Meade Co: Anne Arundel MD 20755– Aberdeen Proving Grounds Property No.: 21200230054 Bldg. E5239 Aberdeen Co: Harford MD 21005– Status: Unutilized Property No.: 21200320136 Aberdeen Proving Ground Comment: 7740 sq. ft., needs rehab, possible Aberdeen Co: Harford MD 21005–5001 Status: Unutilized asbestos/lead paint, most recent use— Comment: 864 sq. ft., most recent use— Property No.: 21200120113 storage, off-site use only Status: Unutilized storage, off-site use only Comment: 230 sq. ft., most recent use— Bldg. 00375 Bldg. 05608 storage, off-site use only Aberdeen Proving Grounds Aberdeen Proving Grounds Aberdeen Co: Harford MD 21005– Aberdeen Co: Harford MD 21005– Bldg. E5317 Property No.: 21200320107 Aberdeen Proving Ground Property No.: 21200320137 Status: Unutilized Status: Unutilized Aberdeen Co: Harford MD 21005–5001 Comment: 64 sq. ft., most recent use— Property No.: 21200120114 Comment: 1100 sq. ft., most recent use— storage, off-site use only Status: Unutilized maint bldg., off-site use only Comment: 3158 sq. ft., presence of asbestos/ Bldg. 0385A Bldg. E5108 lead paint, most recent use—lab, off-site Aberdeen Proving Grounds Aberdeen Proving Grounds use only Aberdeen Co: Harford MD 21005– Aberdeen Co: Harford MD 21005– Property No.: 21200320110 Bldg. E5637 Property No.: 21200320147 Status: Unutilized Aberdeen Proving Ground Status: Unutilized Comment: 944 sq. ft., off-site use only Aberdeen Co: Harford MD 21005–5001 Comment: 5155 sq. ft., most recent use— Property No.: 21200120115 Bldg. 00523 recreation center, off-site use only Status: Unutilized Aberdeen Proving Grounds Bldg. E5483 Comment: 312 sq. ft., presence of asbestos/ Aberdeen Co: Harford MD 21005– Aberdeen Proving Grounds lead paint, most recent use—lab, off-site Property No.: 21200320113 Aberdeen Co: Harford MD 21005– use only Status: Unutilized Property No.: 21200320148 Bldg. 219 Comment: 3897 sq. ft., most recent use— Status: Unutilized Ft. George G. Meade paint shop, off-site use only Comment: 2140 sq. ft., most recent use— Ft. Meade Co: Anne Arundel MD 20755– Bldg. 00649 vehicle storage, off-site use only Property No.: 21200140078 Aberdeen Proving Grounds Bldg. E5645 Status: Unutilized Aberdeen Co: Harford MD 21005– Aberdeen Proving Grounds Comment: 8142 sq. ft., presence of asbestos/ Property No.: 21200320116 Aberdeen Co: Harford MD 21005– lead paint, most recent use—admin., off- Status: Unutilized Property No.: 21200320150 site use only Comment: 1079 sq. ft., most recent use— Status: Unutilized Bldg. 294 storage, off-site use only Comment: 548 sq. ft., most recent use— Ft. George G. Meade Bldg. 00657 storage, off-site use only Ft. Meade Co: Anne Arundel MD 20755– Aberdeen Proving Grounds Bldg. 00435 Property No.: 21200140081 Aberdeen Co: Harford MD 21005– Aberdeen Proving Grounds Status: Unutilized Property No.: 21200320119 Aberdeen Co: Harford MD 21005– Comment: 3148 sq. ft., presence of asbestos/ Status: Unutilized Property No.: 21200330111 lead paint, most recent use—entomology Comment:1048 sq. ft., most recent use— Status: Unutilized facility, off-site use only bunker, off-site use only Comment: 1191 sq. ft., needs rehab, most Bldg. 949 Bldg. 0700B recent use—storage, off-site use only
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Bldg. 0449A Bldg. E3241 Aberdeen Proving Grounds Aberdeen Proving Grounds Aberdeen Proving Grounds Aberdeen Co: Harford MD 21005– Aberdeen Co: Harford MD 21005– Aberdeen Co: Harford MD 21005– Property No.: 21200330153 Property No.: 21200330112 Property No.: 21200330136 Status: Unutilized Status: Unutilized Status: Unutilized Comment: 1114 sq. ft., needs rehab, most Comment: 143 sq. ft., needs rehab, most Comment: 592 sq. ft., needs rehab, most recent use—private club, off-site use only recent use—substation switch bldg., off-site recent use—medical res bldg., off-site use 4 Bldgs. use only only Aberdeen Proving Grounds Bldg. 0460 Bldgs. E3269, E3270 Aberdeen Co: Harford MD 21005– Aberdeen Proving Grounds Aberdeen Proving Grounds Property No.: 21200330154 Aberdeen Co: Harford MD 21005– Aberdeen Co: Harford MD 21005– Location: E5005, E5049, E5050, E5051 Property No.: 21200330114 Property No.: 21200330138 Status: Unutilized Status: Unutilized Status: Unutilized Comment: sq. ft. varies, needs rehab, most Comment: 1800 sq. ft., needs rehab, most Comment: 200/1200 sq. ft., needs rehab, most recent use—storage, off-site use only recent use—electrical EQ bldg., off-site use recent use—flam. storage, off-site use only Bldg. E5068 only Bldg. E3300 Aberdeen Proving Grounds Bldg. 00914 Aberdeen Proving Grounds Aberdeen Co: Harford MD 21005– Aberdeen Proving Grounds Aberdeen Co: Harford MD 21005– Property No.: 21200330155 Aberdeen Co: Harford MD 21005– Property No.: 21200330139 Status: Unutilized Property No.: 21200330118 Status: Unutilized Comment: 1200 sq. ft., needs rehab, most Status: Unutilized Comment: 44,352 sq. ft., needs rehab, most recent use—fire station, off-site use only Comment: needs rehab, most recent use— recent use—chemistry lab, off-site use only Bldg. 05447 safety shelter, off-site use only 5 Bldgs. Aberdeen Proving Grounds Bldg. 00915 Aberdeen Proving Grounds Aberdeen Co: Harford MD 21005– Aberdeen Proving Grounds Aberdeen Co: Harford MD 21005– Property No.: 21200330160 Aberdeen Co: Harford MD 21005– Property No.: 21200330143 Status: Unutilized Property No.: 21200330119 Location: E3329, E3334, E3344, E3350, E3370 Comment: 2464 sq. ft., needs rehab, most Status: Unutilized Status: Unutilized recent use—storage, off-site use only Comment: 247 sq. ft., needs rehab, most Comment: sq. ft. varies, needs rehab, most Bldgs. 05448, 05449 recent use—storage, off-site use only recent use—lab test bldgs., off-site use only Aberdeen Proving Grounds Bldg. 01189 Bldg. E3335 Aberdeen Co: Harford MD 21005– Aberdeen Proving Grounds Aberdeen Proving Grounds Property No.: 21200330161 Aberdeen Co: Harford MD 21005– Aberdeen Co: Harford MD 21005– Status: Unutilized Property No.: 21200330126 Property No.: 21200330144 Comment: 6431 sq. ft., needs rehab, most Status: Unutilized Status: Unutilized recent use—enlisted UHP, off-site use only Comment: 800 sq. ft., needs rehab, most Comment: 400 sq. ft., needs rehab, most Bldg. 05450 recent use—range bldg., off-site use only recent use—storage, off-site use only Aberdeen Proving Grounds Bldg. E1413 Bldgs. E3360, E3362, E3464 Aberdeen Co: Harford MD 21005– Aberdeen Proving Grounds Aberdeen Proving Grounds Property No.: 21200330162 Aberdeen Co: Harford MD 21005– Aberdeen Co: Harford MD 21005– Status: Unutilized Property No.: 21200330127 Property No.: 21200330145 Comment: 2730 sq. ft., needs rehab, most Status: Unutilized Status: Unutilized recent use—admin., off-site use only Comment: needs rehab, most recent use— Comment: 3588/236 sq. ft., needs rehab, most Bldgs. 05451, 05455 observation tower, off-site use only recent use—storage, off-site use only Aberdeen Proving Grounds Bldg. E2350A Bldg. E3542 Aberdeen Co: Harford MD 21005– Aberdeen Proving Grounds Aberdeen Proving Grounds Property No.: 21200330163 Aberdeen Co: Harford MD 21005– Aberdeen Co: Harford MD 21005– Status: Unutilized Property No.: 21200330132 Property No.: 21200330148 Comment: 2730/6431 sq. ft., needs rehab, Status: Unutilized Status: Unutilized most recent use—storage, off-site use only Comment: 325 sq. ft., need rehab, most recent Comment: 1146 sq. ft., needs rehab, most Bldg. 05453 use—oil storage, off-site use only recent use—lab test bldg., off-site use only Aberdeen Proving Grounds Bldg. 2456 Bldgs. 03554, 03556 Aberdeen Co: Harford MD 21005– Aberdeen Proving Grounds Aberdeen Proving Grounds Property No.: 21200330164 Aberdeen Co: Harford MD 21005– Aberdeen Co: Harford MD 21005– Status: Unutilized Property No.: 21200330133 Property No.: 21200330149 Comment: 6431 sq. ft., needs rehab, most Status: Unutilized Status: Unutilized recent use—admin., off-site use only Comment: 4720 sq. ft., needs rehab, presence Comment: 18,000/9,000 sq. ft., needs rehab, Bldgs. 05456, 05459, 05460 of asbestos/lead paint, most recent use— most recent use—storage, off-site use only Aberdeen Proving Grounds admin., off-site use only Bldg. E4420 Aberdeen Co: Harford MD 21005– Bldg. E3175 Aberdeen Proving Grounds Property No.: 21200330165 Aberdeen Proving Grounds Aberdeen Co: Harford MD 21005– Status: Unutilized Aberdeen Co: Harford MD 21005– Property No.: 21200330151 Comment: 6431 sq. ft., needs rehab, most Property No.: 21200330134 Status: Unutilized recent use—enlisted bldg., off-site use only Status: Unutilized Comment: 14,997 sq. ft., needs rehab, most Bldg. E5609 Comment: 1296 sq. ft., needs rehab, most recent use—police bldg., off-site use only Aberdeen Proving Grounds recent use—hazard bldg., off-site use only Bldg. E4733 Aberdeen Co: Harford MD 21005– 4 Bldgs. Aberdeen Proving Grounds Property No.: 21200330167 Aberdeen Proving Grounds Aberdeen Co: Harford MD 21005– Status: Unutilized Aberdeen Co: Harford MD 21005– Property No.: 21200330152 Comment: 2053 sq. ft., needs rehab, most Property No.: 21200330135 Status: Unutilized recent use—storage, off-site use only Location: E3224, E3228, E3230, E3232, E3234 Comment: 2252 sq. ft., needs rehab, most Bldg. E5611 Status: Unutilized recent use—flammable storage, off-site use Aberdeen Proving Grounds Comment: sq. ft. varies, needs rehab, most only Aberdeen Co: Harford MD 21005– recent use—lab test bldgs., off-site use only Bldg. E4734 Property No.: 21200330168
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Status: Unutilized Comment: 2299 sq. ft., most recent use—heat Comment: 4720 sq. ft., 2—story, presence of Comment: 11,242 sq. ft., needs rehab, most plant, off-site use only lead base paint, most recent use—admin/ recent use—hazard bldg., off-site use only Bldg. E5026 gen. purpose, off-site use only Bldg. E5634 Aberdeen Proving Ground Bldg. T2139 Aberdeen Proving Grounds Harford MD 21005– Fort Leonard Wood Aberdeen Co: Harford MD 21005– Property No.: 21200420056 Ft. Leonard Wood Co: Pulaski MO 65473– Property No.: 21200330169 Status: Unutilized 5000 Status: Unutilized Comment: 20,536 sq. ft., most recent use— Property No.: 21199420446 Comment: 200 sq. ft., needs rehab, most storage, off-site use only Status: Underutilized recent use—flammable storage, off-site use Bldg. 05261 Comment: 3663 sq. ft., 1—story, presence of only Aberdeen Proving Ground lead base paint, most recent use—admin/ Bldg. E5654 Harford MD 21005– gen. purpose, off-site use only Aberdeen Proving Grounds Property No.: 21200420057 Bldg. T2385 Aberdeen Co: Harford MD 21005– Status: Unutilized Fort Leonard Wood Property No.: 21200330171 Comment: 10067 sq. ft., most recent use— Ft. Leonard Wood Co: Pulaski MO 65473– Status: Unutilized maintenance, off-site use only Property No.: 21199510115 Comment: 21,532 sq. ft., needs rehab, most Bldgs. 00733, 00734 Status: Excess recent use—storage, off-site use only Aberdeen Proving Grounds Comment: 3158 sq. ft., 1—story, wood frame, Bldg. E5854 Aberdeen Co: Harford MD 21005– most recent use—admin., to be vacated 8/ Aberdeen Proving Grounds Property No.: 21200430063 95, off-site use only Aberdeen Co: Harford MD 21005– Status: Unutilized Bldg. 2167 Property No.: 21200330174 Comment: 136 sq. ft. each, most recent use— Fort Leonard Wood Status: Unutilized ammo storage, off-site use only Ft. Leonard Wood Co: Pulaski MO 65473– Comment: 5166 sq. ft., needs rehab, most Bldg. 0401A 5000 recent use—eng/MTN bldg., off-site use Aberdeen Proving Grounds Property No.: 21199820179 only Aberdeen Co: Harford MD 21005– Status: Unutilized Bldg. E5942 Property No.: 21200440068 Comment: 1296 sq. ft., presence of asbestos/ Aberdeen Proving Grounds Status: Unutilized lead paint, most recent use—admin., off- Aberdeen Co: Harford MD 21005– Comment: 220 sq. ft., needs rehab, most site use only Property No.: 21200330176 recent use—storage, off-site use only Bldgs. 2192, 2196, 2198 Status: Unutilized Bldg. 0748A Fort Leonard Wood Comment: 2147 sq. ft., needs rehab, most Aberdeen Proving Grounds Ft. Leonard Wood Co: Pulaski MO 65473– recent use—igloo storage, off-site use only Aberdeen Co: Harford MD 21005– 5000 Bldgs. E5952, E5953 Property No.: 21200440069 Property No.: 21199820183 Aberdeen Proving Grounds Status: Unutilized Status: Unutilized Aberdeen Co: Harford MD 21005– Comment: 112 sq. ft., needs rehab, most Comment: 4720 sq. ft., presence of asbestos/ Property No.: 21200330177 recent use—shelter, off-site use only lead paint, most recent use—barracks, off- Status: Unutilized Bldg. 01198 site use only Comment: 100/24 sq. ft., needs rehab, most Aberdeen Proving Grounds 12 Bldgs recent use—compressed air bldg., off-site Aberdeen Co: Harford MD 21005– Fort Leonard Wood use only Property No.: 21200440070 Ft. Leonard Wood Co: Pulaski MO 65743– Bldgs. E7401, E7402 Status: Unutilized 8944 Aberdeen Proving Grounds Comment: 168 sq. ft., needs rehab, most Property No.: 21200410110 Aberdeen Co: Harford MD 21005– recent use—ordnance, off-site use only Location: 07036, 07050, 07054, 07102, 07400, Property No.: 21200330178 Bldg. 03557 07401, 08245, 08249, 08251, 08255, 08257, Status: Unutilized Aberdeen Proving Grounds 08261 Comment: 256/440 sq. ft., needs rehab, most Aberdeen Co: Harford MD 21005– Status: Unutilized recent use—storage, off-site use only Property No.: 21200440071 Comment: 7152 sq. ft. 6 plex housing Bldg. E7407, E7408 Status: Unutilized quarters, potential contaminants, off-site Aberdeen Proving Grounds Comment: 340 sq. ft., needs rehab, most use only Aberdeen Co: Harford MD 21005– recent use—storage, off-site use only 6 Bldg Property No.: 21200330179 Bldg. E3732 Fort Leonard Wood Status: Unutilized Aberdeen Proving Grounds Ft. Leonard Wood Co: Pulaski MO 65743– Comment: 1078/762 sq. ft., needs rehab, most Aberdeen Co: Harford MD 21005– 8944 recent use—decon facility, off-site use only Property No.: 21200440072 Property No.: 21200410111 Bldg. E7931 Status: Unutilized Location: 07044, 07106, 07107, 08260, 08281, Aberdeen Proving Grounds Comment: 1080 sq. ft., needs rehab, most 08300 Aberdeen Co: Harford MD 21005– recent use—storage, off-site use only Status: Unutilized Property No.: 21200330182 Bldg. E5876 Comment: 9520 sq ft., 8 plex housing Status: Unutilized Aberdeen Proving Grounds quarters, potential contaminants, off-site Comment: needs rehab, most recent use— Aberdeen Co: Harford MD 21005– use only. sewer treatment, off-site use only Property No.: 21200440073 15 Bldgs Bldg. 1145D Status: Unutilized Fort Leaonard Wood Aberdeen Proving Ground Comment: 1192 sq. ft., needs rehab, most Ft. Leonard Wood Co: Pulaski MO 65743– Harford MD 21005– recent use—storage, off-site use only 8944 Property No.: 21200420054 Property No.: 21200410112 Missouri Status: Unutilized Location: 08242, 08243, 08246–08248, 08250, Comment: 898 sq. ft., most recent use— Building 08252–08254, 08256, 08258–08259, storage, off-site use only Bldg. T1497 08262–08263, 08265 Bldg. 3070A Fort Leonard Wood Status: Unutilized Aberdeen Proving Ground Ft. Leonard Wood Co: Pulaski MO 65473– Comment: 4784 sq ft., 4 plex housing Harford MD 21005– 5000 quarters, potential contaminants, off-site Property No.: 21200420055 Property No.: 21199420441 use only. Status: Unutilized Status: Underutilized Bldgs 08283, 08285
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Fort Leonard Wood Armament R&D Engineering Center Oklahoma Ft. Leonard Wood Co: Pulaski MO 65743– Picatinny Arsenal Co: Morris NJ 07806–5000 Building 8944 Property No.: 21199740315 Property No.: 21200410113 Status: Unutilized Bldg. T–838, Fort Sill 838 Macomb Road Status: Unutilized Comment: 9077 sq. ft., needs rehab, most Lawton Co: Comanche OK 73503–5100 Comment: 2240 sq ft, 2 plex housing recent use—storage, off-site use only quarters, potential contaminants, off-site Property No.: 21199220609 Bldg. 816C Status: Unutilized use only Armament R, D, & Eng. Center Comment: 151 sq. ft., wood frame, 1 story, 15 Bldgs Picatinny Arsenal Co: Morris NJ 07806–5000 off-site removal only, most recent use—vet Fort Leonard Wood Property No.: 21200130103 facility (quarantine stable). Ft. Leonard Wood Co: Pulaski MO 65743– Status: Unutilized Bldg. T–954, Fort Sill 0827 Comment: 144 sq. ft., most recent use— 954 Quinette Road Property No.: 21200410114 storage, off-site use only Lawton Co: Comanche OK 73503–5100 Location: 08267, 08269, 08271, 08273, 08275, Property No.: 21199240659 08277, 08279, 08290—08296, 08301 New Mexico Status: Unutilized Status: Unutilized Building Comment: 3571 sq. ft., 1 story wood frame, Comment: 4784 sq ft., 4 plex housing Bldg. 34198 needs rehab, off-site use only, most recent quarters, potential contaminants, off-site use—motor repair shop use only White Sands Missile Range Dona Ana NM 88002– Bldg. T–3325, Fort Sill Bldg 09432 3325 Naylor Road Fort Leonard Wood Property No.: 21200230062 Status: Excess Lawton Co: Comanche OK 73503–5100 Ft. Leonard Wood Co: Pulaski MO 65743– Property No.: 21199240681 8944 Comment: 107 sq. ft., most recent use— security, off-site use only Status: Unutilized Property No.: 21200410115 Comment: 8832 sq. ft., 1 story wood frame, Status: Unutilized New York needs rehab, off-site use only, most recent Comment: 8724 sq ft., 6—plex housing use—warehouse quarters, potential contaminants, off-site Building Bldg. T–4226 use only 6 Bldgs. Fort Sill Fort Drum Bldgs. 5006 and 5013 Lawton Co: Comanche OK 73503– T–451, T–452, T–453, T–454, T–456, T–458 Fort Leonard Wood Property No.: 21199440384 Ft. Drum Co: Jefferson NY 13602– Ft. Leonard Wood Co: Pulaski MO 65743– Status: Unutilized Property No.: 21200210056 8944 Comment: 114 sq. ft., 1-story wood frame, Status: Unutilized Property No.: 21200430064 possible asbestos and lead paint, most Status: Unutilized Comment: 4720 sq. ft., needs repair, most recent use—storage, off-site use only Comment: 192 & 144 sq. ft., needs repair, recent use—enlisted barracks AN TR, off- site use only Bldg. P–1015, Fort Sill most recent use—generator bldg., off-site Lawton Co: Comanche OK 73501–5100 use only 5 Bldgs. Property No.: 21199520197 Bldgs. 13210, 13710 Orangeburg USARC Status: Unutilized Fort Leonard Wood #206, 207, 208, 218, 223 Comment: 15402 sq. ft., 1-story, most recent Ft. Leonard Wood Co: Pulaski MO 65743– Orangeburg Co: Rockland NY 10962–2209 use—storage, off-site use only Property No.: 21200310061 8944 Bldg. P–366, Fort Sill Status: Unutilized Property No.: 21200430065 Lawton Co: Comanche OK 73503– Status: Unutilized Comment: various sq. ft., need major repairs, Property No.: 21199610740 Comment: 144 sq. ft. each, needs repair, most presence of lead paint, most recent use— Status: Unutilized recent use—communication, off-site use admin/storage, off-site use only Comment: 482 sq. ft., possible asbestos, most only Bldg. 1227 recent use—storage, off-site use only Montana U.S. Military Academy Building T–2952 Highlands Co: Orange NY 10996–1592 Building Fort Sill Property No.: 21200440074 Lawton Co: Comanche OK 73503–5100 Bldg. 00405 Status: Unutilized Property No.: 21199710047 Fort Harrison Comment: 3800 sq. ft., needs repair, possible Status: Unutilized Ft. Harrison Co: Lewis/Clark MT 59636– asbestos/lead paint, most recent use— Comment: 4,327 sq. ft., possible asbestos and Property No.: 21200130099 maintenance, off-site use only leadpaint, most recent use—motor repair Status: Unutilized North Carolina shop, off-site use only Comment: 3467 sq. ft., most recent use— Building P–5042 Building storage, security limitations Fort Sill Bldg. T0066 Bldg. C5536 Lawton Co: Comanche OK 73503–5100 Fort Harrison Fort Bragg Property No.: 21199710066 Ft. Harrison Co: Lewis/Clark MT 59636– Ft. Bragg Co: Cumberland NC 28310–5000 Status: Unutilized Property No.: 21200130100 Property No.: 21200130150 Comment: 119 sq. ft., possible asbestos and Status: Unutilized Status: Unutilized leadpaint, most recent use—heatplant, off- Comment: 528 sq. ft., needs rehab, presence Comment: 600 sq. ft., single wide trailer w/ site use only of asbestos, security limitations metal storage shed, needs major repair, 4 Buildings New Jersey presence of asbestos/lead paint, off-site use Fort Sill only Lawton Co: Comanche OK 73503–5100 Building Ohio Property No.: 21199710086 Bldg. 178 Location: T–6465, T–6466, T–6467, T–6468 Armament R&D Engineering Center Land Status: Unutilized Picatinny Arsenal Co: Morris NJ 07806–5000 Land Comment: various sq. ft., possible asbestos Property No.: 21199740312 Defense Supply Center and leadpaint, most recent use—range Status: Unutilized Columbus Co: Franklin OH 43216–5000 support, off site use only Comment: 2067 sq. ft., most recent use— Property No.: 21200340094 Bldg. T–810 research, off-site use only Status: Excess Fort Sill Bldg. 732 Comment: 11 acres, railroad access Lawton Co: Comanche OK 73503–5100
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Property No.: 21199730350 Comment: 400 sq. ft. each, possible asbestos/ Comment: 3672 sq. ft., possible asbestos/lead Status: Unutilized lead paint, most recent use—storage, off- paint, most recent use—admin., off-site use Comment: 7205 sq. ft., possible asbestos/lead site use only only paint, most recent use—hay storage, off-site Bldgs. T–3001, T–3006 Bldgs. P–2912, P–2921, P–2944 use only Fort Sill Fort Sill Bldgs. T–837, T–839 Lawton Co: Comanche OK 73503–5100 Lawton Co: Comanche OK 73503–5100 Fort Sill Property No.: 21199730383 Property No.: 21199910144 Lawton Co: Comanche OK 73503–5100 Status: Unutilized Status: Unutilized Property No.: 21199730351 Comment: approx. 9300 sq. ft., possible Comment: 1390 sq. ft., possible asbestos/lead Status: Unutilized asbestos/lead paint, most recent use— paint, most recent use—office, off-site use Comment: approx. 100 sq. ft. each, possible storage, off-site use only only asbestos/lead paint, most recent use— Bldg. T–3314 Bldg. P–2914 storage, off-site use only Fort Sill Fort Sill Bldg. P–934 Lawton Co: Comanche OK 73503–5100 Lawton Co: Comanche OK 73503–5100 Property No.: 21199910146 Fort Sill Property No.: 21199730385 Status: Unutilized Lawton Co: Comanche OK 73503–5100 Status: Unutilized Comment: 1236 sq. ft., possible asbestos/lead Property No.: 21199730353 Comment: 229 sq. ft., possible asbestos/lead Status: Unutilized paint, most recent use—storage, off-site use paint, most recent use—office, off-site use only Comment: 402 sq. ft., possible asbestos/lead only paint, most recent use—storage, off-site use Bldg. P–5101 only Bldg. T–5041 Fort Sill Fort Sill Bldgs. T–1468, T–1469 Lawton Co: Comanche OK 73503–5100 Lawton Co: Comanche OK 73503–5100 Fort Sill Property No.: 21199910153 Property No.: 21199730409 Lawton Co: Comanche OK 73503–5100 Status: Unutilized Status: Unutilized Property No.: 21199730357 Comment: 82 sq. ft., possible asbestos/lead Comment: 763 sq. ft., possible asbestos/lead Status: Unutilized paint, most recent use—gas station, off-site paint, most recent use—storage, off-site use Comment: 114 sq. ft., possible asbestos/lead use only only paint, most recent use—storage, off-site use Bldg. S–6430 only Bldg. T–5420 Fort Sill Fort Sill Bldg. T–1470 Lawton Co: Comanche OK 73503–5100 Lawton Co: Comanche OK 73503–5100 Fort Sill Property No.: 21199910156 Status: Unutilized Lawton Co: Comanche OK 73503–5100 Property No.: 21199730414 Comment: 2080 sq. ft., possible asbestos/lead Property No.: 21199730358 Status: Unutilized paint, most recent use—range support, off- Status: Unutilized Comment: 189 sq. ft., possible asbestos/lead site use only Comment: 3120 sq. ft., possible asbestos/lead paint, most recent use—fuel storage, off- paint, most recent use—storage, off-site use site use only Bldg. T–6461 only Bldg. T–7775 Fort Sill Fort Sill Lawton Co: Comanche OK 73503–5100 Bldgs. T–1954, T–2022 Property No.: 21199910157 Fort Sill Lawton Co: Comanche OK 73503–5100 Property No.: 21199730419 Status: Unutilized Lawton Co: Comanche OK 73503–5100 Comment: 200 sq. ft., possible asbestos/lead Property No.: 21199730362 Status: Unutilized Comment: 1452 sq. ft., possible asbestos/lead paint, most recent use—range support, off- Status: Unutilized site use only Comment: approx. 100 sq. ft. each, possible paint, most recent use—private club, off- asbestos/lead paint, most recent use— site use only Bldg. T–6462 storage, off-site use only 4 Bldgs. Fort Sill Fort Sill Lawton Co: Comanche OK 73503–5100 Bldg. T–2184 Property No.: 21199910158 Fort Sill P–617, P–1114, P–1386, P–1608 Lawton Co: Comanche OK 73503–5100 Status: Unutilized Lawton Co: Comanche OK 73503–5100 Comment: 64 sq. ft., possible asbestos/lead Property No.: 21199910133 Property No.: 21199730364 paint, most recent use—control tower, off- Status: Unutilized Status: Unutilized site use only Comment: 454 sq. ft., possible asbestos/lead Comment: 106 sq. ft., possible asbestos/lead Bldg. P–7230 paint, most recent use—storage, off-site use paint, most recent use—utility plant, off- Fort Sill only site use only Lawton Co: Comanche OK 73503–5100 Bldgs. T–2186, T–2188, T–2189 Bldg. P–746 Property No.: 21199910159 Fort Sill Fort Sill Status: Unutilized Lawton Co: Comanche OK 73503–5100 Lawton Co: Comanche OK 73503–5100 Comment: 160 sq. ft., possible asbestos/lead Property No.: 21199730366 Property No.: 21199910135 paint, most recent use—transmitter bldg., Status: Unutilized Status: Unutilized off-site use only Comment: 6299 sq. ft., possible asbestos/lead Comment: 1656–3583 sq. ft., possible Bldg. S–4023 paint, most recent use—admin., off-site use asbestos/lead paint, most recent use— Fort Sill only vehicle maint. shop, off-site use only Lawton Co: Comanche OK 73503–5100 Bldg. T–2187 Bldgs. P–2581, P–2773 Property No.: 21200010128 Fort Sill Fort Sill Status: Unutilized Lawton Co: Comanche OK 73503–5100 Lawton Co: Comanche OK 73503–5100 Comment: 1200 sq. ft., possible asbestos/lead Property No.: 21199730367 Property No.: 21199910140 paint, most recent use—storage, off-site use Status: Unutilized Status: Unutilized only Comment: 1673 sq. ft., possible asbestos/lead Comment: 4093 and 4129 sq. ft., possible Bldg. P–747 paint, most recent use—storage, off-site use asbestos/lead paint, most recent use— Fort Sill only office, off-site use only Lawton Co: Comanche OK 73503–5100 Bldgs. T–2291 thru T–2296 Bldg. P–2582 Property No.: 21200120120 Fort Sill Fort Sill Status: Unutilized Lawton Co: Comanche OK 73503–5100 Lawton Co: Comanche OK 73503–5100 Comment: 9232 sq. ft., possible asbestos/lead Property No.: 21199730372 Property No.: 21199910141 paint, most recent use—lab, off-site use Status: Unutilized Status: Unutilized only
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Bldg. P–842 Comment: 711 sq. ft., needs repair, most Comment: 480 sq. ft., most recent use— Fort Sill recent use—storage shower, off-site use only Lawton Co: Comanche OK 73503–5100 Bldg. 1765 Bldgs. 56620, 56621 Property No.: 21200120123 Fort Jackson Fort Hood Status: Unutilized Ft. Jackson Co: Richland SC 29207– Ft. Hood Co: Bell TX 76544– Comment: 192 sq. ft., possible asbestos/lead Property No.: 21200030109 Property No.: 21200220146 paint, most recent use—storage, off-site use Status: Unutilized Status: Unutilized only Comment: 1700 sq. ft., need repairs, presence Comment: 1120 sq. ft., most recent use— Bldg. T–911 of asbestos/lead paint, most recent use— shower, off-site use only Fort Sill training bldg., off-site use only Bldgs. 56626, 56627 Lawton Co: Comanche OK 73503–5100 Land Fort Hood Property No.: 21200120124 Ft. Hood Co: Bell TX 76544– Status: Unutilized One Acre Property No.: 21200220147 Comment: 3080 sq. ft., possible asbestos/lead Fort Jackson Status: Unutilized paint, most recent use—office, off-site use Columbia Co: Richland SC 29207– Comment: 1120 sq. ft., most recent use— only Property No.: 21200110089 shower, off-site use only Status: Underutilized Bldg. P–1672 Bldg. 56628 Comment: approx. 1 acre Fort Sill Fort Hood Lawton Co: Comanche OK 73503–5100 Texas Ft. Hood Co: Bell TX 76544– Property No.: 21200120126 Building Property No.: 21200220148 Status: Unutilized Status: Unutilized Comment: 1056 sq. ft., possible asbestos/lead Bldg. 7137, Fort Bliss Comment: 1133 sq. ft., most recent use— paint, most recent use—storage, off-site use El Paso Co: El Paso TX 79916– shower, off-site use only only Property No.: 21199640564 Bldgs. 56630, 56631 Status: Unutilized Bldg. S–2362 Fort Hood Comment: 35,736 sq. ft., 3-story, most recent Fort Sill Ft. Hood Co: Bell TX 76544– use—housing, off-site use only Lawton Co: Comanche OK 73503–5100 Property No.: 21200220149 Property No.: 21200120127 Bldg. 92043 Status: Unutilized Status: Unutilized Fort Hood Comment: 1120 sq. ft., most recent use— Comment: 64 sq. ft., possible asbestos/lead Ft. Hood Co: Bell TX 76544– shower, off-site use only paint, most recent use—gatehouse, off-site Property No.: 21200020206 Bldgs. 56636, 56637 use only Status: Unutilized Fort Hood Comment: 450 sq. ft., most recent use— Bldg. P–2589 Ft. Hood Co: Bell TX 76544– storage, off-site use only Fort Sill Property No.: 21200220150 Lawton Co: Comanche OK 73503–5100 Bldg. 92044 Status: Unutilized Property No.: 21200120129 Fort Hood Comment: 1120 sq. ft., most recent use— Status: Unutilized Ft. Hood Co: Bell TX 76544– shower, off-site use only Comment: 3672 sq. ft., possible asbestos/lead Property No.: 21200020207 Bldg. 56638 paint, most recent use—storage, off-site use Status: Unutilized Fort Hood only Comment: 1920 sq. ft., most recent use— Ft. Hood Co: Bell TX 76544– admin., off-site use only Property No.: 21200220151 Pennsylvania Bldg. 92045 Status: Unutilized Building Fort Hood Comment: 1133 sq. ft., most recent use— 5 Bldgs. Ft. Hood Co: Bell TX 76544– shower, off-site use only Carlisle Barracks Property No.: 21200020208 Bldgs. 56703, 56708 00441 thru 00445 Status: Unutilized Fort Hood Carlisle Co: Cumberland PA 17013– Comment: 2108 sq. ft., most recent use— Ft. Hood Co: Bell TX 76544– Property No.: 21200430066 maint., off-site use only Property No.: 21200220152 Status: Unutilized Bldg. 120 Status: Unutilized Comment: 4238 sq. ft. each, presence of Fort Hood Comment: 1306 sq. ft., most recent use— asbestos, most recent use—residential, off- Ft. Hood Co: Bell TX 76544– shower, off-site use only site use only Property No.: 21200220137 Bldg. 56758 Status: Unutilized South Carolina Fort Hood Comment: 1450 sq. ft., most recent use— Ft. Hood Co: Bell TX 76544– Building dental clinic, off-site use only Property No.: 21200220154 Bldg. 3499 Bldg. 56305 Status: Unutilized Fort Jackson Fort Hood Comment: 1133 sq. ft., most recent use— Ft. Jackson Co: Richland SC 29207– Ft. Hood Co: Bell TX 76544– shower, off-site use only Property No.: 21199730310 Property No.: 21200220143 Bldgs. P6220, P6222 Status: Unutilized Status: Unutilized Fort Sam Houston Comment: 3724 sq. ft., needs repair, most Comment: 2160 sq. ft., most recent use— Camp Bullis recent use—admin. admin., off-site use only San Antonio Co: Bexar TX Bldg. 2441 Bldg. 56402 Property No.: 21200330197 Fort Jackson Fort Hood Status: Unutilized Ft. Jackson Co: Richland SC 29207– Ft. Hood Co: Bell TX 76544– Comment: 384 sq. ft., most recent use— Property No.: 21199820187 Property No.: 21200220144 carport/storage, off-site use only Status: Unutilized Status: Unutilized Bldgs. P6224, P6226 Comment: 2160 sq. ft., needs repair, most Comment: 2680 sq. ft., most recent use— Fort Sam Houston recent use—admin. recreation center, off-site use only Camp Bullis Bldg. 3605 Bldgs. 56403, 56405 San Antonio Co: Bexar TX Fort Jackson Fort Hood Property No.: 21200330198 Ft. Jackson Co: Richland SC 29207– Ft. Hood Co: Bell TX 76544– Status: Unutilized Property No.: 21199820188 Property No.: 21200220145 Comment: 384 sq. ft., most recent use— Status: Unutilized Status: Unutilized carport/storage, off-site use only
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Bldg. 04200 Property No.: 21199630213 Comment: 2360 sq. ft., needs repair, presence Fort Hood Status: Unutilized of asbestos/lead paint, most recent use— Ft. Hood Co: Bell TX 76544– Comment: 230 sq. ft., possible asbestos/lead office, off-site use only Property No.: 21200420065 paint, most recent use—storehouse, off-site Bldg. 5224 Status: Unutilized use only Fort Lewis Comment: 2100 sq. ft., presence of asbestos, Bldg. 1307, Fort Lewis Ft. Lewis Co: Pierce WA 98433– most recent use—admin., off-site use only Ft. Lewis Co: Pierce WA 98433–9500 Property No.: 21199830433 29 Bldgs. Property No.: 21199630216 Status: Unutilized Fort Sam Houston Status: Unutilized Comment: 2360 sq. ft., needs repair, presence Canyon Lake Co: TX Comment: 1092 sq. ft., possible asbestos/lead of asbestos/lead paint, most recent use— Property No.: 21200440076 paint, most recent use—storage, off-site use educ. fac., off-site use only Location: S–34 thru S–39, S–40 thru S–63 only Bldg. U001B Status: Unutilized Bldg. 1309, Fort Lewis Fort Lewis Comment: 924 sq. ft., mobile homes, off-site Ft. Lewis Co: Pierce WA 98433–9500 Ft. Lewis Co: Pierce WA 98433– use only Property No.: 21199630217 Property No.: 21199920237 Land Status: Unutilized Status: Excess Comment: 1092 sq. ft., possible asbestos/lead Comment: 54 sq. ft., needs repair, presence 1 acre paint, most recent use—storage, off-site use of asbestos/lead paint, most recent use— Fort Sam Houston only control tower, off-site use only San Antonio Co: Bexar TX 78234– Bldg. 2167, Fort Lewis Property No.: 21200440075 Bldg. U001C Ft. Lewis Co: Pierce WA 98433–9500 Fort Lewis Status: Excess Property No.: 21199630218 Comment: 1 acre, grassy area Ft. Lewis Co: Pierce WA 98433– Status: Unutilized Property No.: 21199920238 Virginia Comment: 288 sq. ft., possible asbestos/lead Status: Unutilized paint, most recent use—warehouse, off-site Comment: 960 sq. ft., needs repair, presence Building use only of asbestos/lead paint, most recent use— Bldgs. 1516, 1517, 1552, 1567 Bldg. 4078, Fort Lewis supply, off-site use only Fort Eustis Ft. Lewis Co: Pierce WA 98433–9500 10 Bldgs. Ft. Eustis VA 23604– Property No.: 21199630219 Fort Lewis Property No.: 21200130154 Status: Unutilized Ft. Lewis Co: Pierce WA 98433– Status: Unutilized Comment: 10200 sq. ft., needs rehab, possible Property No.: 21199920239 Comment: 2892 & 4720 sq. ft., most recent asbestos/lead paint, most recent use— Location: U002B, U002C, U005C, U015I, use—dining/barracks/admin, off-site use warehouse, off-site use only U016E, U019C, U022A, U028B, 0091A, only Bldg. 9599, Fort Lewis U093C Bldg. 1559 Ft. Lewis Co: Pierce WA 98433–9500 Status: Excess Fort Eustis Property No.: 21199630220 Comment: 600 sq. ft., needs repair, presence Ft. Eustis VA 23604– Status: Unutilized of asbestos/lead paint, most recent use— Property No.: 21200130156 Comment: 12366 sq. ft., possible asbestos/ range house, off-site use only Status: Unutilized lead paint, most recent use—warehouse, 6 Bldgs. Comment: 2892 sq. ft., most recent use— off-site use only Fort Lewis storage, off-site use only Bldg. A1404, Fort Lewis Ft. Lewis Co: Pierce WA 98433– Bldg. T–707 Ft. Lewis Co: Pierce WA 98433– Property No.: 21199920240 Fort Eustis Property No.: 21199640570 Location: U003A, U004B, U006C, U015B, Ft. Eustis VA 23604– Status: Unutilized U016B, U019B Property No.: 21200330199 Comment: 557 sq. ft., needs rehab, most Status: Unutilized Status: Unutilized recent use—storage, off-site use only Comment: 54 sq. ft., needs repair, presence Comment: 3763 sq. ft., most recent use— Bldg. EO347 of asbestos/lead paint, most recent use— chapel, off-site use only Fort Lewis control tower, off-site use only Bldg. 01025 Ft. Lewis Co: Pierce WA 98433– Bldg. U004D Fort Belvoir Property No.: 21199710156 Fort Lewis Ft. Belvoir Co: Fairfax VA 22060– Status: Unutilized Ft. Lewis Co: Pierce WA 98433– Property No.: 21200440108 Comment: 1800 sq. ft., possible asbestos/lead Property No.: 21199920241 Status: Unutilized paint, most recent use—office, off-site use Status: Unutilized Comment: 3594 sq. ft., presence of asbestos, only Comment: 960 sq. ft., needs repair, presence most recent use—chapel, off-site use only Bldg. B1008, Fort Lewis of asbestos/lead paint, most recent use— Bldgs. 01804, 01824 Ft. Lewis Co: Pierce WA 98433– supply, off-site use only Fort Belvoir Property No.: 21199720216 Bldg. U005A Ft. Belvoir Co: Fairfax VA 22060– Status: Unutilized Fort Lewis Property No.: 21200440109 Comment: 7387 sq. ft., 2-story, needs rehab, Ft. Lewis Co: Pierce WA 98433– Status: Unutilized possible asbestos/lead paint, most recent Property No.: 21199920242 Comment: 3960 sq. ft., presence of asbestos, use—medical clinic, off-site use only Status: Unutilized most recent use—chapel, off-site use only Bldgs. CO509, CO709, CO720 Comment: 360 sq. ft., needs repair, presence Washington Fort Lewis of asbestos/lead paint, most recent use— Ft. Lewis Co: Pierce WA 98433– control tower, off-site use only Building Property No.: 21199810372 7 Bldgs. Bldg. CO909, Fort Lewis Status: Unutilized Fort Lewis Ft. Lewis Co: Pierce WA 98433–9500 Comment: 1984 sq. ft., possible asbestos/lead Ft. Lewis Co: Pierce WA 98433– Property No.: 21199630205 paint, needs rehab, most recent use— Property No.: 21199920245 Status: Unutilized storage, off-site use only Location: U014A, U022B, U023A, U043B, Comment: 1984 sq. ft., possible asbestos/lead Bldg. 5162 U059B, U060A, U101A paint, most recent use—admin., off-site use Fort Lewis Status: Excess only Ft. Lewis Co: Pierce WA 98433– Comment: needs repair, presence of asbestos/ Bldg. 1164, Fort Lewis Property No.: 21199830419 lead paint, most recent use—ofc/tower/ Ft. Lewis Co: Pierce WA 98433–9500 Status: Unutilized support, off-site use only
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Bldg. U015J Status: Excess Comment: 36 sq. ft., needs repair, presence Fort Lewis Comment: 192 sq. ft., needs repair, presence of asbestos/lead paint, most recent use— Ft. Lewis Co: Pierce WA 98433– of asbestos/lead paint, most recent use— control tower, off-site use only Property No.: 21199920246 shelter, off-site use only Bldg. U059A Status: Excess Bldg. U035C Fort Lewis Comment: 144 sq. ft., needs repair, presence Fort Lewis Ft. Lewis Co: Pierce WA 98433– of asbestos/lead paint, most recent use— Ft. Lewis Co: Pierce WA 98433– Property No.: 21199920267 tower, off-site use only Property No.: 21199920258 Status: Excess Bldg. U018B Status: Excess Comment: 16 sq. ft., needs repair, presence Fort Lewis Comment: 242 sq. ft., needs repair, presence of asbestos/lead paint, most recent use— Ft. Lewis Co: Pierce WA 98433– of asbestos/lead paint, most recent use— tower, off-site use only Property No.: 21199920247 range house, off-site use only Bldg. U093B Status: Unutilized Bldg. U039A Fort Lewis Comment: 121 sq. ft., needs repair, presence Fort Lewis Ft. Lewis Co: Pierce WA 98433– of asbestos/lead paint, most recent use— Ft. Lewis Co: Pierce WA 98433– Property No.: 21199920268 range house, off-site use only Property No.: 21199920259 Status: Excess Bldg. U018C Status: Excess Comment: 680 sq. ft., needs repair, presence Fort Lewis Comment: 36 sq. ft., needs repair, presence of asbestos/lead paint, most recent use— Ft. Lewis Co: Pierce WA 98433– of asbestos/lead paint, most recent use— range house, off-site use only Property No.: 21199920248 control tower, off-site use only 4 Bldgs. Status: Unutilized Bldg. U039B Fort Lewis Comment: 48 sq. ft., needs repair, presence Fort Lewis Ft. Lewis Co: Pierce WA 98433– of asbestos/lead paint, off-site use only Ft. Lewis Co: Pierce WA 98433– Property No.: 21199920269 Bldg. U024D Property No.: 21199920260 Location: N101B, U101C, U507B, U557A Fort Lewis Status: Excess Status: Excess Ft. Lewis Co: Pierce WA 98433– Comment: 1600 sq. ft., needs repair, presence Comment: 400 sq. ft., needs repair, presence Property No.: 21199920250 of asbestos/lead paint, most recent use— of asbestos/lead paint, off-site use only Status: Unutilized grandstand/bleachers, off-site use only Bldg. U110B Comment: 120 sq. ft., needs repair, presence Bldg. U039C Fort Lewis of asbestos/lead paint, most recent use— Fort Lewis Ft. Lewis Co: Pierce WA 98433– ammo bldg., off-site use only Ft. Lewis Co: Pierce WA 98433– Property No.: 21199920272 Bldg. U027A Property No.: 21199920261 Status: Excess Fort Lewis Status: Excess Comment: 138 sq. ft., needs repair, presence Ft. Lewis Co: Pierce WA – Comment: 600 sq. ft., needs repair, presence of asbestos/lead paint, most recent use— Property No.: 21199920251 of asbestos/lead paint, most recent use— support, off-site use only Status: Excess support, off-site use only 6 Bldgs. Comment: 64 sq. ft., needs repair, presence Bldg. U043A Fort Lewis of asbestos/lead paint, most recent use— Fort Lewis Ft. Lewis Co: Pierce WA 98433– tire house, off-site use only Ft. Lewis Co: Pierce WA 98433– Property No.: 21199920273 Bldg. U031A Property No.: 21199920262 Location: U111A, U015A, U024E, U052F, Fort Lewis Status: Excess U109A, U110A Ft. Lewis Co: Pierce WA 98433– Comment: 132 sq. ft., needs repair, presence Status: Excess Property No.: 21199920253 of asbestos/lead paint, most recent use— Comment: 1000 sq. ft., needs repair, presence Status: Excess range house, off-site use only of asbestos/lead paint, most recent use— support/shelter/mess, off-site use only Comment: 3456 sq. ft., needs repair, presence Bldg. U052A of asbestos/lead paint, most recent use— Fort Lewis Bldg. U112A line shed, off-site use only Ft. Lewis Co: Pierce WA 98433– Fort Lewis Bldg. U031C Property No.: 21199920263 Ft. Lewis Co: Pierce WA 98433– Fort Lewis Status: Excess Property No.: 21199920274 Ft. Lewis Co: Pierce WA 98433– Comment: 69 sq. ft., needs repair, presence Status: Excess Property No.: 21199920254 of asbestos/lead paint, most recent use— Comment: 1600 sq. ft., needs repair, presence Status: Unutilized tower, off-site use only of asbestos/lead paint, most recent use- shelter, off-site use only Comment: 32 sq. ft., needs repair, presence Bldg. U052E of asbestos/lead paint, off-site use only Fort Lewis Bldg. U115A Bldg. U040D Ft. Lewis Co: Pierce WA 98433– Fort Lewis Fort Lewis Property No.: 21199920264 Ft. Lewis Co: Pierce WA 98433– Ft. Lewis Co: Pierce WA 98433– Status: Excess Property No.: 21199920275 Property No.: 21199920255 Comment: 600 sq. ft., needs repair, presence Status: Excess Status: Excess of asbestos/lead paint, most recent use— Comment: 36 sq. ft., needs repair, presence Comment: 800 sq. ft., needs repair, presence storage, off-site use only of asbestos/lead paint, most recent use— tower, off-site use only of asbestos/lead paint, most recent use— Bldg. U052G range house, off-site use only Fort Lewis Bldg. U507A Bldgs. U052C, U052H Ft. Lewis Co: Pierce WA 98433– Fort Lewis Fort Lewis Property No.: 21199920265 Ft. Lewis Co: Pierce WA 98433– Ft. Lewis Co: Pierce WA 98433– Status: Excess Property No.: 21199920276 Property No.: 21199920256 Comment: 1600 sq. ft., needs repair, presence Status: Excess Status: Excess of asbestos/lead paint, most recent use— Comment: 400 sq. ft., needs repair, presence Comment: various sq. ft., needs repair, shelter, off-site use only of asbestos/lead paint, most recent use— support, off-site use only presence of asbestos/lead paint, most 3 Bldgs. recent use—range house, off-site use only Fort Lewis Bldg. C0120 Bldgs. U035A, U035B Ft. Lewis Co: Pierce WA 98433– Fort Lewis Fort Lewis Property No.: 21199920266 Ft. Lewis Co: Pierce WA 98433– Ft. Lewis Co: Pierce WA 98433– Location: U058A, U103A, U018A Property No.: 21199920281 Property No.: 21199920257 Status: Excess Status: Excess
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Comment: 384 sq. ft., needs repair, presence Bldgs. 08076, 08080 Comment: 77.6 acres of asbestos/lead paint, most recent use— Fort Lewis Parcel 02 scale house, off-site use only Ft. Lewis Co: Pierce WA 98433– DeGray Lake Bldg. 01205 Property No.: 21199920304 Section 13 Fort Lewis Status: Excess Arkadelphia Co: Clark AR 71923–9361 Ft. Lewis Co: Pierce WA 98433– Comment: 3660/412 sq. ft., needs repair, Property No.: 31199010072 Property No.: 21199920290 presence of asbestos/lead paint, off-site use Status: Unutilized Status: Excess only Comment: 198.5 acres Comment: 87 sq. ft., needs repair, presence Bldg. 08093 Parcel 03 of asbestos/lead paint, most recent use— Fort Lewis DeGray Lake storehouse, off-site use only Ft. Lewis Co: Pierce WA 98433– Section 18 Bldg. 01259 Property No.: 21199920305 Arkadelphia Co: Clark AR 71923–9361 Fort Lewis Status: Excess Property No.: 31199010073 Ft. Lewis Co: Pierce WA 98433– Comment: 289 sq. ft., needs repair, presence Status: Unutilized Property No.: 21199920291 of asbestos/lead paint, most recent use— Comment: 50.46 acres Status: Excess boat storage, off-site use only Parcel 04 Comment: 16 sq. ft., needs repair, presence Bldg. 8279 DeGray Lake of asbestos/lead paint, most recent use— Fort Lewis Section 24, 25, 30 and 31 storage, off-site use only Ft. Lewis Co: Pierce WA 98433– Arkadelphia Co: Clark AR 71923–9361 Bldg. 01266 Property No.: 21199920306 Property No.: 31199010074 Fort Lewis Status: Excess Status: Unutilized Ft. Lewis Co: Pierce WA 98433– Comment: 210 sq. ft., needs repair, presence Comment: 236.37 acres Property No.: 21199920292 of asbestos/lead paint, most recent use— Parcel 05 Status: Excess fuel disp. fac., off-site use only DeGray Lake Comment: 45 sq. ft., needs repair, presence Bldgs. 8280, 8291 Section 16 of asbestos/lead paint, most recent use— Fort Lewis Arkadelphia Co: Clark AR 71923–9361 shelter, off-site use only Ft. Lewis Co: Pierce WA 98433– Property No.: 31199010075 Bldg. 1445 Property No.: 21199920307 Status: Unutilized Fort Lewis Status: Excess Comment: 187.30 acres Ft. Lewis Co: Pierce WA 98433– Comment: 800/464 sq. ft., needs repair, Property No.: 21199920294 Parcel 06 presence of asbestos/lead paint, most DeGray Lake Status: Excess recent use—storage, off-site use only Comment: 144 sq. ft., needs repair, presence Section 13 Bldg. 8956 Arkadelphia Co: Clark AR 71923–9361 of asbestos/lead paint, most recent use— Fort Lewis generator bldg., off-site use only Property No.: 31199010076 Ft. Lewis Co: Pierce WA 98433– Status: Unutilized Bldgs. 03091, 03099 Property No.: 21199920308 Comment: 13.0 acres Fort Lewis Status: Excess Parcel 07 Ft. Lewis Co: Pierce WA 98433– Comment: 100 sq. ft., needs repair, presence Property No.: 21199920296 DeGray Lake of asbestos/lead paint, most recent use— Section 34 Status: Excess storage, off-site use only Comment: various sq. ft., needs repair, Arkadelphia Co: Hot Spring AR 71923–9361 Bldg. 9530 Property No.: 31199010077 presence of asbestos/lead paint, most Fort Lewis recent use—sentry station, off-site use only Status: Unutilized Ft. Lewis Co: Pierce WA 98433– Comment: 0.27 acres Bldg. 4040 Property No.: 21199920309 Fort Lewis Parcel 08 Status: Excess DeGray Lake Ft. Lewis Co: Pierce WA 98433– Comment: 64 sq. ft., needs repair, presence Property No.: 21199920298 Section 13 of asbestos/lead paint, most recent use— Arkadelphia Co: Clark AR 71923–9361 Status: Excess sentry station, off-site use only Comment: 8326 sq. ft., needs repair, presence Property No.: 31199010078 Bldg. 9574 Status: Unutilized of asbestos/lead paint, most recent use— Fort Lewis shed, off-site use only Comment: 14.6 acres Ft. Lewis Co: Pierce WA 98433– Parcel 09 Bldgs. 4072, 5104 Property No.: 21199920310 Fort Lewis DeGray Lake Status: Excess Section 12 Ft. Lewis Co: Pierce WA 98433– Comment: 6005 sq. ft., needs repair, presence Property No.: 21199920299 Arkadelphia Co: Hot Spring AR 71923–9361 of asbestos/lead paint, most recent use— Property No.: 31199010079 Status: Excess veh. shop., off-site use only Comment: 24/36 sq. ft., needs repair, Status: Unutilized Bldg. 9596 presence of asbestos/lead paint, off-site use Comment: 6.60 acres Fort Lewis only Parcel 10 Ft. Lewis Co: Pierce WA 98433– DeGray Lake Bldg. 4295 Property No.: 21199920311 Fort Lewis Section 12 Status: Excess Arkadelphia Co: Hot Spring AR 71923–9361 Ft. Lewis Co: Pierce WA 98433– Comment: 36 sq. ft., needs repair, presence Property No.: 21199920300 Property No.: 31199010080 of asbestos/lead paint, most recent use— Status: Unutilized Status: Excess gas station, off-site use only Comment: 48 sq. ft., needs repair, presence Comment: 4.5 acres of asbestos/lead paint, most recent use— COE Parcel 11 storage, off-site use only DeGray Lake Arkansas Bldg. 6191 Section 19 Fort Lewis Land Arkadelphia Co: Hot Spring AR 71923–9361 Ft. Lewis Co: Pierce WA 98433– Parcel 01 Property No.: 31199010081 Property No.: 21199920303 DeGray Lake Status: Unutilized Status: Excess Section 12 Comment: 19.50 acres Comment: 3663 sq. ft., needs repair, presence Arkadelphia Co: Clark AR 71923–9361 Lake Greeson of asbestos/lead paint, most recent use— Property No.: 31199010071 Section 7, 8 and 18 exchange branch, off-site use only Status: Unutilized Murfreesboro Co: Pike AR 71958–9720
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Property No.: 31199010083 Status: Excess Tract 1907 Status: Unutilized Comment: 5.44 acres; steep and wooded Barkley Lake, Kentucky and Tennessee Comment: 46 acres Tract 2915 Eddyville Co: Lyon KY 42038– Property No.: 31199010045 Kansas Barkley Lake, Kentucky and Tennessee Cadiz Co: Trigg KY 42211– Location: On the waters of Pilfen Creek, 4 Building Property No.: 31199010029 miles east of Eddyville, KY Dwelling Location: 61⁄2 miles west of Cadiz. Status: Excess Admin Area Status: Excess Comment: 8.71 acres; rolling steep and Wilson Lake Comment: 5.76 acres; steep and wooded; no wooded; no utilities Sylvan Grove Co: KS 67481– utilities Tract 2001 #1 Property No.: 31200440001 Tract 2702 Barkley Lake, Kentucky and Tennessee Status: Excess Barkley Lake, Kentucky and Tennessee Eddyville Co: Lyon KY 42030– Comment: 1600 sq. ft. residence, off-site use Cadiz Co: Trigg KY 42211– Property No.: 31199010046 only Property No.: 31199010031 Location: Approximately 41⁄2 miles east of Dwelling Location: 1 mile in a southerly direction from Eddyville, KY Admin Area the village of Rockcastle. Status: Excess Wilson Lake Status: Excess Comment: 47.42 acres; steep and wooded; no Sylvan Grove Co: KS 67481– Comment: 4.90 acres; wooded; no utilities utilities Property No.: 31200440002 Tract 4318 Tract 2001 #2 Status: Excess Barkley Lake, Kentucky and Tennessee Barkley Lake, Kentucky and Tennessee Comment: 1600 sq. ft., storage, off-site use Canton Co: Trigg KY 42212– Eddyville Co: Lyon KY 42030– only Property No.: 31199010032 Property No.: 31199010047 Land Location: Trigg Co. adjoining the city of Location: Approximately 41⁄2 miles east of Parcel 1 Canton, KY on the waters of Hopson Creek. Eddyville, KY El Dorado Lake Status: Excess Status: Excess Section 13, 24, and 18 Comment: 8.24 acres; steep and wooded Comment: 8.64 acres; steep and wooded; no (See County) Co: Butler KS Tract 4502 utilities Property No.: 31199010064 Barkley Lake, Kentucky and Tennessee Tract 2005 Status: Unutilized Canton Co: Trigg KY 42212– Barkley Lake, Kentucky and Tennessee Comment: 61 acres; most recent use— Property No.: 31199010033 Eddyville Co: Lyon KY 42030– recreation Location: 31⁄2 miles in a southerly direction Property No.: 31199010048 from Canton, KY Location: Approximately 51⁄2 miles east of Kentucky Status: Excess Eddyville, KY Building Comment: 4.26 acres; steep and wooded Status: Excess Green River Lock & Dam #3 Tract 4611 Comment: 4.62 acres; steep and wooded; no Rochester Co: Butler KY 42273– Barkley Lake, Kentucky and Tennessee utilities Property No.: 31199010022 Canton Co: Trigg KY 42212– Tract 2307 Location: SR 70 west from Morgantown, KY., Property No.: 31199010034 Barkley Lake, Kentucky and Tennessee approximately 7 miles to site. Location: 5 miles south of Canton, KY Eddyville Co: Lyon KY 42030– Status: Unutilized Status: Excess Property No.: 31199010049 Comment: 980 sq. ft.; 2 story wood frame; Comment: 10.51 acres; steep and wooded; no Location: Approximately 71⁄2 miles two story residence; potential utilities; utilities southeasterly of Eddyville, KY needs major rehab Tract 4619 Status: Excess Land Barkley Lake, Kentucky and Tennessee Comment: 11.43 acres; steep; rolling and wooded; no utilities Tract 2625 Canton Co: Trigg KY 42212– Barkley Lake, Kentucky, and Tennessee Property No.: 31199010035 Tract 2403 1 Cadiz Co: Trigg KY 42211– Location: 4 ⁄2 miles south from Canton, KY Barkley Lake, Kentucky and Tennessee Property No.: 31199010025 Status: Excess Eddyville Co: Lyon KY 42030– Location: Adjoining the village of Rockcastle Comment: 2.02 acres; steep and wooded; no Property No.: 31199010050 Status: Excess utilities Location: 7 miles southeasterly of Eddyville, Comment: 2.57 acres; rolling and wooded Tract 4817 KY Status: Excess Tract 2709–10 and 2710–2 Barkley Lake, Kentucky and Tennessee Comment: 1.56 acres; steep and wooded; no Barkley Lake, Kentucky and Tennessee Canton Co: Trigg KY 42212– utilities Cadiz Co: Trigg KY 42211– Property No.: 31199010036 Property No.: 31199010026 Location: 61⁄2 miles south of Canton, KY Tract 2504 Location: 21⁄2 miles in a southerly direction Status: Excess Barkley Lake, Kentucky and Tennessee from the village of Rockcastle. Comment: 1.75 acres; wooded Eddyville Co: Lyon KY 42030– Status: Excess Tract 1217 Property No.: 31199010051 Comment: 2.00 acres; steep and wooded Barkley Lake, Kentucky and Tennessee Location: 9 miles southeasterly of Eddyville, Tract 2708–1 and 2709–1 Eddyville Co: Lyon KY 42030– KY Barkley Lake, Kentucky and Tennessee Property No.: 31199010042 Status: Excess Cadiz Co: Trigg KY 42211– Location: On the north side of the Illinois Comment: 24.46 acres; steep and wooded; no Property No.: 31199010027 Central Railroad. utilities Location: 21⁄2 miles in a southerly direction Status: Excess Tract 214 from the village of Rockcastle. Comment: 5.80 acres; steep and wooded Barkley Lake, Kentucky and Tennessee Status: Excess Tract 1906 Grand Rivers Co: Lyon KY 42045– Comment: 3.59 acres; rolling and wooded; no Barkley Lake, Kentucky and Tennessee Property No.: 31199010052 utilities Eddyville Co: Lyon KY 42030– Location: South of the Illinois Central Tract 2800 Property No.: 31199010044 Railroad, 1 mile east of the Cumberland Barkley Lake, Kentucky and Tennessee Location: Approximately 4 miles east of River Cadiz Co: Trigg KY 42211– Eddyville, KY Status: Excess Property No.: 31199010028 Status: Excess Comment: 5.5 acres; wooded; no utilities Location: 41⁄2 miles in a southeasterly Comment: 25.86 acres; rolling steep and Tract 215 direction from the village of Rockcastle. partially wooded; no utilities Barkley Lake, Kentucky and Tennessee
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Grand Rivers Co: Lyon KY 42045– Tract 241–B Mississippi Property No.: 31199010053 Barkley Lake, Kentucky and Tennessee Land Location: 5 miles southwest of Kuttawa Grand Rivers Co: Lyon KY 42045– Status: Excess Property No.: 31199011624 Parcel 7 Grenada Lake Comment: 1.40 acres; wooded; no utilities Location: South of Old Henson Ferry Road, Sections 22, 23, T24N 6 miles west of Kuttawa, KY Tract 241 Grenada Co: Yalobusha MS 38901–0903 Status: Excess Barkley Lake, Kentucky and Tennessee Property No.: 31199011019 Grand Rivers Co: Lyon KY 42045– Comment: 11.16 acres; steep and wooded; Status: Underutilized Property No.: 31199010054 subject to utility easements Comment: 100 acres; no utilities; Location: Old Henson Ferry Road, 6 miles Tracts 212 and 237 intermittently used under lease—expires west of Kuttawa, KY Barkley Lake, Kentucky and Tennessee 1994 Status: Excess Grand Rivers Co: Lyon KY 42045– Parcel 8 Comment: 1.26 acres; steep and wooded; no Property No.: 31199011625 Grenada Lake utilities Location: Old Henson Ferry Road, 6 miles Section 20, T24N Tracts 306, 311, 315 and 325 west of Kuttawa, KY Grenada Co: Yalobusha MS 38901–0903 Barkley Lake, Kentucky and Tennessee Status: Excess Property No.: 31199011020 Grand Rivers Co: Lyon KY 42045– Comment: 2.44 acres; steep and wooded; Status: Underutilized Property No.: 31199010055 subject to utility easements Comment: 30 acres; no utilities; Location: 2.5 miles southwest of Kuttawa, KY Tract 215–B intermittently used under lease—expires on the waters of Cypress Creek Barkley Lake, Kentucky and Tennessee 1994 Status: Excess Grand Rivers Co: Lyon KY 42045– Parcel 9 Comment: 38.77 acres; steep and wooded; no Property No.: 31199011626 Grenada Lake utilities Location: 5 miles southwest of Kuttawa Section 20, T24N, R7E Tracts 2305, 2306, and 2400–1 Status: Excess Grenada Co: Yalobusha MS 38901–0903 Barkley Lake, Kentucky and Tennessee Comment: 1.00 acres; wooded; subject to Property No.: 31199011021 Eddyville Co: Lyon KY 42030– utility easements Status: Underutilized Property No.: 31199010056 Tract 233 Comment: 23 acres; no utilities; Location: 61⁄2 miles southeasterly of Barkley Lake, Kentucky and Tennessee intermittently used under lease—expires Eddyville, KY Grand Rivers Co: Lyon KY 42045– 1994 Status: Excess Property No.: 31199011627 Parcel 10 Comment: 97.66 acres; steep rolling and Location: 5 miles southwest of Kuttawa Grenada Lake wooded; no utilities Status: Excess Sections 16, 17, 18 T24N R8E Tracts 5203 and 5204 Comment: 1.00 acres; wooded; subject to Grenada Co: Calhoun MS 38901–0903 Barkley Lake, Kentucky and Tennessee utility easements Property No.: 31199011022 Linton Co: Trigg KY 42212– Status: Underutilized Tract N–819 Property No.: 31199010058 Comment: 490 acres; no utilities; Dale Hollow Lake & Dam Project Location: Village of Linton, KY state highway intermittently used under lease—expires 1254 Illwill Creek, Hwy 90 1994 Status: Excess Hobart Co: Clinton KY 42601– Property No.: 31199140009 Parcel 2 Comment: 0.93 acres; rolling, partially Grenada Lake wooded; no utilities Status: Underutilized Comment: 91 acres, most recent use— Section 20 and T23N, R5E Tract 5240 Grenada Co: Grenada MS 38901–0903 hunting, subject to existing easements Barkley Lake, Kentucky and Tennessee Property No.: 31199011023 Linton Co: Trigg KY 42212– Portion of Lock & Dam No. 1 Status: Underutilized Property No.: 31199010059 Kentucky River Comment: 60 acres; no utilities; most recent Location: 1 mile northwest of Linton, KY Carrolton Co: Carroll KY 41008–0305 use—wildlife and forestry management Property No.: 31199320003 Status: Excess Parcel 3 Comment: 2.26 acres; steep and wooded; no Status: Unutilized Grenada Lake utilities Comment: approx. 3.5 acres (sloping), access Section 4, T23N, R5E monitored Tract 4628 Grenada Co: Yalobusha MS 38901–0903 Barkley Lake, Kentucky and Tennessee Tract No. F–610 Property No.: 31199011024 Canton Co: Trigg KY 42212– Buckhorn Lake Project Status: Underutilized Property No.: 31199011621 Buckhorn KY 41721– Comment: 120 acres; no utilities; most recent Location: 41⁄2 miles south from Canton, KY Property No.: 31200240001 use—wildlife and forestry management; Status: Excess Status: Unutilized (13.5 acres/agriculture lease) Comment: 3.71 acres; steep and wooded; Comment: 0.64 acres, encroachments, most Parcel 4 subject to utility easements recent use—flood control purposes Grenada Lake Tract 4619–B Louisiana Section 2 and 3. T23N, R5E Barkley Lake, Kentucky and Tennessee Grenada Co: Yalobusha MS 38901–0903 Land Canton Co: Trigg KY 42212– Property No.: 31199011025 Property No.: 31199011622 Wallace Lake Dam and Reservoir Status: Underutilized Location: 41⁄2 miles south from Canton, KY Shreveport Co: Caddo LA 71103– Comment: 60 acres; no utilities; most recent Status: Excess Property No.: 31199011009 use—wildlife and forestry management Comment: 1.73 acres; steep and wooded; Status: Unutilized Parcel 5 subject to utility easements Comment: 10.81 acres; wildlife/forestry; no Grenada Lake Tract 2403–B utilities Section 7, T24N, R6E Barkley Lake, Kentucky and Tennessee Bayou Bodcau Dam and Reservoir Grenada Co: Yalobusha MS 38901–0903 Eddyville Co: Lyon KY 42038– Haughton Co: Caddo LA 71037–9707 Property No.: 31199011026 Property No.: 31199011623 Property No.: 31199011010 Status: Underutilized Location: 7 miles southeasterly from Location: 35 miles Northeast of Shreveport, Comment: 20 acres; no utilities; most recent Eddyville, KY LA use—wildlife and forestry management; Status: Unutilized Status: Unutilized (14 acres/agriculture lease) Comment: 0.70 acres, wooded; subject to Comment: 203 acres; wildlife/forestry; no Parcel 6 utility easements utilities Grenada Lake
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Section 9, T24N, R6E Grenada Co: Grenada MS 38901–0903 Natl Register of Historic Places, no utilities, Grenada Co: Yalobusha MS 38903–0903 Property No.: 31199011036 off-site use only Property No.: 31199011027 Status: Underutilized Status: Underutilized Comment: 20 acres; no utilities; most recent Oklahoma Comment: 80 acres; no utilities; most recent use—wildlife and forestry management Land use—wildlife and forestry management Missouri Pine Creek Lake Parcel 11 Section 27 Grenada Lake Building (See County) Co: McCurtain OK Section 20, T24N, R8E Trailer Property No.: 31199010923 Grenada Co: Calhoun MS 38901–0903 Gasconade Harbor Facility Status: Unutilized Property No.: 31199011028 Gasconade Co: MO 65036– Comment: 3 acres; no utilities; subject to Status: Underutilized Property No.: 31200430002 right of way for Oklahoma State Highway Comment: 30 acres; no utilities; most recent Status: Unutilized 3 use—wildlife and forestry management Comment: 55 ft. × 12 ft., most recent use— Parcel 12 office, off-site use only Pennsylvania Grenada Lake Land Building Section 25, T24N, R7E Harry S Truman Dam & Reservoir Mahoning Creek Reservoir Grenada Co: Yalobusha MS 38390–10903 Warsaw Co: Benton MO 65355– New Bethlehem Co: Armstrong PA 16242– Property No.: 31199011029 Property No.: 31199030014 Property No.: 31199210008 Status: Underutilized Location: Triangular shaped parcel southwest Status: Unutilized Comment: 30 acres; no utilities; most recent of access road ‘‘B’’, part of Bledsoe Ferry Comment: 1015 sq. ft., 2 story brick use—wildlife and forestry management Park Tract 150. residence, off-site use only Parcel 13 Status: Underutilized Dwelling Grenada Lake Comment: 1.7 acres; potential utilities Lock & Dam 6, Allegheny River, 1260 River Section 34, T24N, R7E Rd. Grenada Co: Yalobusha MS 38903–0903 Montana Freeport Co: Armstrong PA 16229–2023 Property No.: 31199011030 Building Property No.: 31199620008 Status: Underutilized Bldg. 1 Status: Unutilized Comment: 35 acres; no utilities; most recent Butte Natl Guard Comment: 2652 sq. ft., 3-story brick house, in use—wildlife and forestry management; Butte Co: Silverbow MT 59701– close proximity to Lock and Dam, available (11 acres/agriculture lease) Property No.: 31200040010 for interim use for nonresidential purposes Parcel 14 Status: Unutilized Govt. Dwelling Grenada Lake Comment: 22799 sq. ft., presence of asbestos, Youghiogheny River Lake Section 3, T23N, R6E most recent use—cold storage, off-site use Grenada Co: Yalobusha MS 38901–0903 only Confluence Co: Fayette PA 15424–9103 Property No.: 31199011031 Property No.: 31199640002 Bldg. 2 Status: Unutilized Status: Underutilized Butte Natl Guard Comment: 1421 sq. ft., 2-story brick w/ Comment: 15 acres; no utilities; most recent Butte Co: Silverbow MT 59701– basement, most recent use—residential use—wildlife and forestry management Property No.: 31200040011 Parcel 15 Status: Unutilized Dwelling Grenada Lake Comment: 3292 sq. ft., most recent use—cold Lock & Dam 4, Allegheny River Section 4, T24N, R6E storage, off-site use only Natrona Co: Allegheny PA 15065–2609 Grenada Co: Yalobusha MS 38901–0903 Bldg. 3 Property No.: 31199710009 Property No.: 31199011032 Butte Natl Guard Status: Unutilized Status: Underutilized Butte Co: Silverbow MT 59701– Comment: 1664 sq. ft., 2-story brick Comment: 40 acres; no utilities; most recent Property No.: 31200040012 residence, needs repair, off-site use only use—wildlife and forestry management Status: Unutilized Dwelling #1 Parcel 16 Comment: 964 sq. ft., most recent use—cold Crooked Creek Lake Grenada Lake storage, off-site use only Ford City Co: Armstrong PA 16226–8815 Section 9, T23N, R6E Bldg. 4 Property No.: 31199740002 Grenada Co: Yalobusha MS 38901–0903 Butte Natl Guard Status: Excess Property No.: 31199011033 Butte Co: Silverbow MT 59701– Comment: 2030 sq. ft., most recent use— Status: Underutilized Property No.: 31200040013 residential, good condition, off-site use Comment: 70 acres; no utilities; most recent Status: Unutilized only use—wildlife and forestry management Comment: 72 sq. ft., most recent use—cold Dwelling #2 storage, off-site use only Parcel 17 Crooked Creek Lake Grenada Lake Bldg. 5 Ford City Co: Armstrong PA 16226–8815 Section 17, T23N, R7E Butte Natl Guard Property No.: 31199740003 Grenada Co: Grenada MS 28901–0903 Butte Co: Silverbow MT 59701– Status: Excess Property No.: 31199011034 Property No.: 31200040014 Comment: 3045 sq. ft., most recent use— Status: Underutilized Status: Unutilized residential, good condition, off-site use Comment: 35 acres; no utilities; most recent Comment: 1286 sq. ft., most recent use—cold only use—wildlife and forestry management storage, off-site use only Govt Dwelling Parcel 18 Ohio East Branch Lake Grenada Lake Building Wilcox Co: Elk PA 15870–9709 Section 22, T23N, R7E Barker Historic House Property No.: 31199740005 Grenada Co: Grenada MS 28902–0903 Willow Island Locks and Dam Status: Underutilized Property No.: 31199011035 Newport Co: Washington OH 45768–9801 Comment: approx. 5299 sq. ft., 1-story, most Status: Underutilized Property No.: 31199120018 recent use—residence, off-site use only Comment: 10 acres; no utilities; most recent Location: Located at lock site, downstream of Dwelling #1 use—wildlife and forestry management lock and dam structure Loyalhanna Lake Parcel 19 Status: Unutilized Saltsburg Co: Westmoreland PA 15681–9302 Grenada Lake Comment: 1600 sq. ft. bldg. with 1⁄2 acre of Property No.: 31199740006 Section 9, T22N, R7E land, 2 story brick frame, needs rehab, on Status: Excess
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Comment: 1996 sq. ft., most recent use— Comment: Approximately 1.72 acres of Barkley Lake residential, good condition, off-site use undeveloped land, subject to gas rights Dover Co: Stewart TN 37058– only Property No.: 31199010936 Tennessee Dwelling #2 Location: 21⁄2 miles SE of Dover, TN. Loyalhanna Lake Land Status: Excess Saltsburg Co: Westmoreland PA 15681–9302 Tract 6827 Comment: 10.15 acres; subject to existing Property No.: 31199740007 Barkley Lake easements Status: Excess Dover Co: Stewart TN 37058– Tracts 8813, 8814 Comment: 1996 sq. ft., most recent use— Property No.: 31199010927 Barkley Lake residential, good condition, off-site use Location: 21⁄2 miles west of Dover, TN. Cumberland Co: Stewart TN 37050– only Status: Excess Property No.: 31199010937 Comment: .57 acres; subject to existing 1 Dwelling #1 Location: 1 ⁄2 miles East of Cumberland City easements Woodcock Creek Lake Status: Excess Saegertown Co: Crawford PA 16433–0629 Tracts 6002–2 and 6010 Comment: 96 acres; subject to existing Property No.: 31199740008 Barkley Lake easements Status: Excess Dover Co: Stewart TN 37058– Tract 8911 Comment: 2106 sq. ft., most recent use— Property No.: 31199010928 Barkley Lake 1 residential, good condition, off-site use Location: 3 ⁄2 miles south of village of Cumberland City Co: Montgomery TN only Tabaccoport. 37050– Status: Excess Dwelling #2 Property No.: 31199010938 Comment: 100.86 acres; subject to existing Location: 4 miles east of Cumberland City. Lock & Dam 6, 1260 River Road easements Status: Excess Freeport Co: Armstrong PA 16229–2023 Tract 11516 Comment: 7.7 acres; subject to existing Property No.: 31199740009 Barkley Lake easements Status: Excess Ashland City Co: Dickson TN 37015– Comment: 2652 sq. ft., most recent use— Tract 11503 Property No.: 31199010929 residential, good condition, off-site use Barkley Lake Location: 1⁄2 mile downstream from only Ashland City Co: Cheatham TN 37015– Cheatham Dam Property No.: 31199010939 Dwelling #2 Status: Excess Location: 2 miles downstream from Youghiogheny River Lake Comment: 26.25 acres; subject to existing Cheatham Dam. Confluence Co: Fayette PA 15424–9103 easements Status: Excess Property No.: 31199830003 Tract 2319 Comment: 1.1 acres; subject to existing Status: Excess J. Percy Priest Dam and Resorvoir easements Comment: 1421 sq. ft., 2-story + basement, Murfreesboro Co: Rutherford TN 37130– most recent use—residential Tracts 11523, 11524 Property No.: 31199010930 Barkley Lake Residence A Location: West of Buckeye Bottom Road Ashland City Co: Cheatham TN 37015– 2045 Pohopoco Drive Status: Excess Property No.: 31199010940 Lehighton Co: Carbon PA 18235– Comment: 14.48 acres; subject to existing Location: 21⁄2 miles downstream from Property No.: 31200410007 easements Cheatham Dam. Status: Unutilized Tract 2227 Status: Excess Comment: 1200 sq. ft., presence of asbestos, J. Percy Priest Dam and Resorvoir Comment: 19.5 acres; subject to existing off-site use only Murfreesboro Co: Rutherford TN 37130– easements Land Property No.: 31199010931 Tract 6410 Mahoning Creek Lake Location: Old Jefferson Pike Barkley Lake New Bethlehem Co: Armstrong PA 16242– Status: Excess Bumpus Mills Co: Stewart TN 37028– 9603 Comment: 2.27 acres; subject to existing Property No.: 31199010941 Property No.: 31199010018 easements Location: 41⁄2 miles SW. of Bumpus Mills. Location: Route 28 north to Belknap, Road #4 Tract 2107 Status: Excess Status: Excess J. Percy Priest Dam and Reservoir Comment: 17 acres; subject to existing Comment: 2.58 acres; steep and densely Murfreesboro Co: Rutherford TN 37130– easements wooded Property No.: 31199010932 Tract 9707 Tracts 610, 611, 612 Location: Across Fall Creek near Fall Creek Barkley Lake Shenango River Lake camping area. Palmyer Co: Montgomery TN 37142– Sharpsville Co: Mercer PA 16150– Status: Excess Property No.: 31199010943 Property No.: 31199011001 Comment: 14.85 acres; subject to existing Location: 3 miles NE of Palmyer, TN. Location: I–79 North, I–80 West, Exit Sharon. easements Highway 149 R18 North 4 miles, left on R518, right on Tracts 2601,2602,2603,2604 Status: Excess Mercer Avenue. Cordell Hull Lake and Dam Project Comment: 6.6 acres; subject to existing Status: Excess Doe Row Creek easements Comment: 24.09 acres; subject to flowage Gainesboro Co: Jackson TN 38562– Tract 6949 easement Property No.: 31199010933 Barkley Lake Tracts L24, L26 Location: TN Highway 56 Dover Co: Stewart TN 37058– Crooked Creek Lake Status: Unutilized Property No.: 31199010944 Co: Armstrong PA 03051– Comment: 11 acres; subject to existing Location: 11⁄2 miles SE of Dover, TN Property No.: 31199011011 easements Status: Excess Location: Left bank—55 miles downstream of Tract 1911 Comment: 29.67 acres; subject to existing dam. J. Percy Priest Dam and Reservoir easements Status: Unutilized Murfreesboro Co: Rutherford TN 37130– Tracts 6005 and 6017 Comment: 7.59 acres; potential for utilities Property No.: 31199010934 Barkley Lake Portion of Tract L–21A Location: East of Lamar Road Dover Co: Stewart TN 37058– Crooked Creek Lake, LR 03051– Status: Excess Property No.: 31199011173 Ford City Co: Armstrong PA 16226– Comment: 6.92 acres; subject to existing Location: 3 miles south of Village of Property No.: 31199430012 easements Tobaccoport Status: Unutilized Tract 7206 Status: Excess
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Comment: 5 acres; subject to existing Jacksonville Co: FL 33206– Irvington Co: Essex NJ 07111–2315 easements Property No.: 54200440019 Property No.: 54200430012 Tracts K–1191, K–1135 Status: Excess Status: Excess Old Hickory Lock and Dam Comment: 4 bldgs., sq. ft. varies, presence of Comment: 7757 sq. ft., most recent use— Hartsville Co: Trousdale TN 37074– asbestos/possible lead paint, most recent office Property No.: 31199130007 use—housing/classroom/training/medical/ GSA Number: 1–G–NJ–652 Status: Underutilized recreation, historic potential Social Security Bldg. Comment: 54 acres, (portion in floodway), GSA Number: 4–L–FL–0967B 22 Morris Street most recent use—recreation Indiana Hackensack Co: Bergen NJ 07660–1546 Property No.: 54200430013 Tract A–102 Land Dale Hollow Lake & Dam Project Status: Excess Canoe Ridge, State Hwy 52 Tracts 100 & 119–2 Comment: 14,944 sq. ft., most recent use— Celina Co: Clay TN 38551– State Hwy 224/Rd. 50 office Property No.: 31199140006 Union Twshp Co: Huntington IN GSA Number: 1–G–NJ–651 Status: Underutilized Property No.: 54200430021 Land Comment: 351 acres, most recent use— Status: Surplus Storage Site hunting, subject to existing easements Comment: 6.65 acres and 8.68 acres, open space, no sanitary facilities, zoning Black Oak Ridge Road Tract A–120 Wayne Co: Passaic NJ Dale Hollow Lake & Dam Project restrictions GSA Number: 1–D–IN–573–B Property No.: 54200440011 Swann Ridge, State Hwy No. 53 Status: Excess Celina Co: Clay TN 38551– Tanner’s Creek Comment: 6.5 acres, utility infrastructure Property No.: 31199140007 Access Site off Rt. 50 exist Status: Underutilized Lawrenceburg Co: IN GSA Number: 1–B–NJ–0653 Comment: 883 acres, most recent use— Property No.: 54200430022 hunting, subject to existing easements Status: Excess New York Comment: 8.45 acres, boat launch, flowage Tract D–185 Building Dale Hollow Lake & Dam Project easement Social Security Bldg. Ashburn Creek, Hwy No. 53 GSA Number: 1–D–IN–571–C 63 North Street Livingston Co: Clay TN 38570– Patriot Boat Ramp Monticello Co: Sullivan NY 12701–1124 Property No.: 31199140010 Rt 156 Property No.: 54200430014 Status: Underutilized Switzerland Co: IN Status: Excess Comment: 97 acres, most recent use— Property No.: 54200440009 Comment: 5659 sq. ft., most recent use— hunting, subject to existing easements Status: Excess Comment: 34.11 acres, parking and boat office Virginia launch, flowage easement GSA Number: 1–G–NY–915 Building GSA Number: 1–D–IN–571–B SSA Building 190 Stone Street Watertown Co: Jefferson NY 13601–3251 Metal Bldg. Iowa John H. Kerr Dam & Reservoir Property No.: 54200430025 Co: Boydton VA Building Status: Excess Property No.: 31199620009 Fed Bldg/Courthouse Comment: 6452 sq. ft., needs rehab, most Status: Excess 350 W 6th Street recent use—office, will be vacant Feb. 2005 Comment: 800 sq. ft., most recent use— Dubuque IA 52001– GSA Number: 1–G–NY–916 storage, off-site use only Property No.: 54200330014 North Carolina Energy Status: Excess Comment: 80,762 sq. ft., needs repair, tenants Building Idaho to relocate, most recent use—office, SSA Building 215 W. Third Avenue Building historic covenants Gastonia Co: Gaston NC 28052– GSA Number: 7–G–IA–0495–1 Property No.: 54200440020 Bldg. CF603 Status: Excess Idaho Natl Eng & Env Lab Maryland Comment: 8081 sq. ft., presence of asbestos, Scoville Co: Butte ID 83415– Building most recent use—office Property No.: 41200020004 GSA Number: 4–G–NC–0745 Status: Excess Social Security Bldg. Federal Building 241 Sunset Avenue Comment: 15,005 sq ft. cinder block, 688 East Main Street Asheboro Co: Randolph NC 27203– presence of asbestos/lead paint, major Salisbury Co: Wicomico MD 21804– Property No.: 54200440021 rehab, off-site use only Property No.: 54200440010 Status: Surplus Status: Excess GSA Comment: 7200 sq. ft., needs repair, most Comment: 7141 sq. ft., presence of asbestos/ recent use—office possible lead paint, historic preservation California GSA Number: 4–G–MD–618 covenants, most recent use—office Building GSA Number: 4–G–NC–746 Minnesota Former Radio Relay Station Ohio Blue Ridge Road Building Mount Vaca Lakes Project Office Land Solano Co: CA 307 Main Street East GWEN Site #3 Property No.: 54200440017 Remer Co: Cass MN Township Rd. 196 Status: Unutilized Property No.: 54200410015 Radnor Co: Delaware OH Comment: 1352 sq. ft. communication Status: Surplus Property No.: 54200420021 station/approx. 38 acres, no water, steep Comment: Office bldg/oil shed/maintenance Status: Surplus hillsides/4-wheel drive recommended, garage, minor water damage Comment: two tracts of farm land = 0.953 communication licenses GSA Number: 5–D–MN–548–A acre and 10.778 acres GSA Number: 9–J–CA–1631 GSA Number: 1–D–OH–825 New Jersey Florida Building Oklahoma Building Social Security Bldg. Building Job Corps Center 205 West Third Street 686 Nye Avenue Social Security Admin.
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216 SW. First Street Yosemite National Park Comment: 3412 sq. ft., 2-story, most recent Ardmore Co: Carter OK 73401– Yosemite Lodge use—bomb shelter, off-site use only, Property No.: 54200440005 Mariposa Co: CA 95389– relocation may not be feasible Status: Surplus Property No.: 61200430022 Bldg. S181 Comment: 5284 sq. ft., most recent use— Status: Unutilized Naval Station, Ford Island office Comment: 1000 sq. ft., most recent use— Pearl Harbor Co: Honolulu HI 96860– GSA Number: 7–G–OK–0556 storage, off-site use only Property No.: 77199640040 Texas Bldg. YLV–007 Status: Unutilized Yosemite National Park Comment: 4258 sq. ft., 1-story, most recent Building Yosemite Lodge use—bomb shelter, off-site use only, Social Security Admin. Mariposa Co: CA 95389– relocation may not be feasible 810 Travis Street Property No.: 61200430023 Bldg. 219 Sherman Co: Grayson TX 75090– Status: Unutilized Naval Station, Ford Island Property No.: 54200440006 Comment: 957 sq. ft., most recent use—bike Pearl Harbor Co: Honolulu HI 96860– Status: Surplus storage, off-site use only Property No.: 77199640041 Comment: 5623 sq. ft., most recent use— Bldg. YLL173 Status: Unutilized office, will be vacate FY2005 Yosemite National Park Comment: 620 sq. ft., most recent use— GSA Number: 7–G–TX–1074 Yosemite Lodge damage control, off-site use only, Land Mariposa Co: CA 95389– relocation may not be feasible Property No.: 61200430024 Former CG LORAN Station 501 Boddeker Bldg. 220 Status: Unutilized Naval Station, Ford Island Road Comment: 7020 sq. ft., most recent use— Pearl Harbor Co: Honolulu HI 96860– Galveston Co: TX 77553– guest accomodations, off-site use only Property No.: 77199640042 Property No.: 54200430015 Bldg. 1000 E & F Status: Unutilized Status: Excess Yosemite National Park Comment: 620 sq. ft., most recent use— Comment: 230.84 acres w/3500 sq. ft. Yosemite Lodge damage control, off-site use only, building, wetlands, use limitiation by COE Mariposa Co: CA 95389– relocation may not be feasible GSA Number: 7–U–TX–0867–D Property No.: 61200430025 New York Virginia Status: Unutilized Building Land Comment: 3600 sq. ft., most recent use— housing, off-site use only Building 1 Tract H–35–A Idaho Scotia Navy Depot Chantilly Access Road Scotia Co: Schenectady NY 12302–9460 Vienna Co: VA Land Property No.: 77200440021 Property No.: 54200430016 19.5 acres Status: Excess Status: Excess Teton Dam Site Comment: 39,554 sq. ft., needs extensive Comment: 0.331 acre, public street, any Newdale Co: Madison ID 83436– repairs, presence of asbestos/lead paint, owner would be required to provide Property No.: 61200430047 most recent use—office equivalent, uninterrupted alternate access Status: Excess GSA Number: 11–U–VA–0001 Comment: narrow strip of land, center of VA Interior irrigated agriculture fields Alabama 19.47 acres Land California Tract C/Section 11 Building Paul Co: Minidoka ID 83347– VA Medical Center Property No.: 61200430048 VAMC Bldg. YLL–172 Tuskegee Co: Macon AL 36083– Yosemite National Park Status: Excess Comment: agriculture/sagebrush Property No.: 97199010053 Hemlock Bldg. Status: Underutilized Yosemite Co: Mariposa CA 95389– 20.07 acres Comment: 40 acres, buffer to VA Medical Property No.: 61200420012 Section 15; Lots 9–10 Center, potential utilities, undeveloped Status: Unutilized Paul Co: Minidoka ID 83347– Comment: 7020 sq. ft. motel, off-site use only Property No.: 61200430049 California Bldg. YLL–174 Status: Excess Land Yosemite National Park Comment: agriculture production/irrigation sprinkler system 4150 Clement Street Alder Motel San Francisco Co: San Francisco CA 94121– Yosemite Co: Mariposa CA 95389– Washington Property No.: 97199240001 Property No.: 61200420013 Status: Underutilized Building Status: Unutilized Comment: 4 acres; landslide area Comment: 7020 sq. ft. motel, off-site use only Bldg. 88 Colorado Bldg. 180 1917 Marsh Road Yosemite National Park Yakima WA 98901– Building Birch Motel Property No.: 61200340007 Bldg. 2 Yosemite Co: Mariposa CA 95389– Status: Unutilized VAMC 2121 North Avenue Property No.: 61200420014 Comment: 1032 sq. ft., presence of asbestos/ Grand Junction Co: Mesa CO 81501– lead paint, most recent use—office, off-site Status: Unutilized Property No.: 97200430001 use only Comment: 3010 sq. ft. motel, off-site use only Status: Unutilized Bldg. YLS–002 NAVY Comment: 3298 sq. ft., needs major rehab, Yosemite National Park presence of asbestos/lead paint Hawaii Yosemite Lodge Bldg. 3 Mariosa Co: CA 95389– Building VAMC 2121 North Avenue Property No.: 61200430021 Bldg. S180 Grand Junction Co: Mesa CO 81501– Status: Unutilized Naval Station, Ford Island Property No.: 97200430002 Comment: 1000 sq. ft., most recent use—bike Pearl Harbor Co: Honolulu HI 96860– Status: Unutilized storage, off-site use only Property No.: 77199640039 Comment: 7275 sq. ft., needs major rehab, Bldg. YLS–003 Status: Unutilized presence of asbestos/lead paint
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Indiana Status: Unutilized VA Medical Center Building Comment: 20,550 sq. ft., needs extensive Dayton Co: Montgomery OH 45428– repairs, presence of asbestos, most recent Property No.: 97199920004 Bldg. 105, VAMC use—patient ward Status: Unutilized East 38th Street Bldg. 4 Comment: 4 floors, potential utilities, needs Marion Co: Grant IN 46952– N. Indiana Health Care System major rehab, presence of asbestos/lead Property No.: 97199230006 Marion Co: Grant IN 46952– paint, historic property Status: Excess Property No.: 97200310003 Comment: 310 sq. ft., 1 story stone structure, Pennsylvania Status: Unutilized no sanitary or heating facilities, Natl Comment: 20,550 sq. ft., needs extensive Building Register of Historic Places repairs, presence of asbestos, most recent Bldg. 3, VAMC Bldg. 140, VAMC use—patient ward 1700 South Lincoln Avenue East 38th Street Bldg. 13 Lebanon Co: Lebanon PA 17042– Marion Co: Grant IN 46952– N. Indiana Health Care System Property No.: 97199230012 Property No.: 97199230007 Marion Co: Grant IN 46952– Status: Underutilized Status: Excess Property No.: 97200310004 Comment: Portion of bldg. (4046 sq. ft.), most Comment: 60 sq. ft., concrete block bldg., Status: Unutilized recent use—storage, second floor—lacks most recent use—trash house Comment: 8971 sq. ft., needs extensive elevator access Bldg. 7 repairs, presence of asbestos, most recent VA Northern Indiana Health Care System use—office Texas Marion Campus, 1700 East 38th Street Bldg. 19 Land Marion Co: Grant IN 46953– N. Indiana Health Care System Olin E. Teague Veterans Center Property No.: 97199810001 Marion Co: Grant IN 46952– 1901 South 1st Street Status: Underutilized Property No.: 97200310005 Temple Co: Bell TX 76504– Comment: 16,864 sq. ft., presence of asbestos, Status: Unutilized Property No.: 97199010079 most recent use—psychiatric ward, Comment: 12,237 sq. ft., needs extensive Status: Underutilized National Register of Historic Places repairs, presence of asbestos, most recent Comment: 13 acres, portion formerly landfill, Bldg. 10 use—office portion near flammable materials, railroad VA Northern Indiana Health Care System Bldg. 20 crosses property, potential utilities Marion Campus, 1700 East 38th Street N. Indiana Health Care System Wisconsin Marion Co: Grant IN 46953– Marion Co: Grant IN 46952– Property No.: 97199810002 Property No.: 97200310006 Building Status: Underutilized Status: Unutilized Bldg. 8 Comment: 16,361 sq. ft., presence of asbestos, Comment: 14,039 sq. ft., needs extensive VA Medical Center most recent use—psychiatric ward, repairs, presence of asbestos, most recent County Highway E National Register of Historic Places use—office/storage Tomah Co: Monroe WI 54660– Bldg. 11 Bldg. 42 Property No.: 97199010056 VA Northern Indiana Health Care System N. Indiana Health Care System Status: Underutilized Marion Campus, 1700 East 38th Street Marion Co: Grant IN 46952– Comment: 2200 sq. ft., 2 story wood frame, Marion Co: Grant IN 46953– Property No.: 97200310007 possible asbestos, potential utilities, Property No.: 97199810003 Status: Unutilized structural deficiencies, needs rehab Status: Underutilized Comment: 5025 sq. ft., needs extensive Land Comment: 16,361 sq. ft., presence of asbestos, repairs, presence of asbestos, most recent most recent use—psychiatric ward, use—office VA Medical Center National Register of Historic Places Bldg. 60 County Highway E Bldg. 18 N. Indiana Health Care System Tomah Co: Monroe WI 54660– VA Northern Indiana Health Care System Marion Co: Grant IN 46952– Property No.: 97199010054 Marion Campus, 1700 East 38th Street Property No.: 97200310008 Status: Underutilized Marion Co: Grant IN 46953– Status: Unutilized Comment: 12.4 acres, serves as buffer Property No.: 97199810004 Comment: 18,126 sq. ft., needs extensive between center and private property, no Status: Underutilized repairs, presence of asbestos, most recent utilities Comment: 13,802 sq. ft., presence of asbestos, use—office TITLE V PROPERTIES REPORTED IN YEAR most recent use—psychiatric ward, Bldg. 122 2004 WHICH ARE SUITABLE AND National Register of Historic Places N. Indiana Health Care System UNAVAILABLE Bldg. 25 Marion Co: Grant IN 46952– VA Northern Indiana Health Care System Property No.: 97200310009 Air Force Marion Campus, 1700 East 38th Street Status: Unutilized Colorado Marion Co: Grant IN 46953– Comment: 37,135 sq. ft., needs extensive Building Property No.: 97199810005 repairs, presence of asbestos, most recent Status: Unutilized use—dining hall/kitchen Bldg. 100 Comment: 32,892 sq. ft., presence of asbestos, La Junta Strategic Range most recent use—psychiatric ward, Iowa La Junta Co: Otero CO 81050–9501 National Register of Historic Places Land Property No.: 18200230001 Bldg. 1 40.66 acres Status: Excess N. Indiana Health Care System VA Medical Center Reason: Interest expressed Marion Co: Grant IN 46952– 1515 West Pleasant St. Bldg. 101 Property No.: 97200310001 Knoxville Co: Marion IA 50138– La Junta Strategic Range Status: Unutilized Property No.: 97199740002 La Junta Co: Otero CO 81050–9501 Comment: 20,287 sq. ft., needs extensive Status: Unutilized Property No.: 18200230002 repairs, presence of asbestos, most recent Comment: Golf course, easement Status: Excess use—patient ward requirements Reason: Interest expressed Bldg. 3 Ohio Bldg. 102 N. Indiana Health Care System La Junta Strategic Range Marion Co: Grant IN 46952– Building La Junta Co: Otero CO 81050–9501 Property No.: 97200310002 Bldg. 402 Property No.: 18200230003
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Status: Excess Property No.: 18200220022 Reason: Held in trust Reason: Interest expressed Status: Unutilized Bldg. 1287 Bldg. 103 Reason: Held in trust Verona Test Annex La Junta Strategic Range Bldg. 1247 Verona Co: Oneida NY 13478– La Junta Co: Otero CO 81050–9501 Verona Test Annex Property No.: 18200220035 Property No.: 18200230004 Verona Co: Oneida NY 13478– Status: Unutilized Status: Excess Property No.: 18200220023 Reason: Held in trust Reason: Interest expressed Status: Unutilized South Dakota Bldg. 104 Reason: Held in trust La Junta Strategic Range Bldg. 1250 + land Land La Junta Co: Otero CO 81050–9501 Verona Test Annex Tract 133 Property No.: 18200230005 Verona Co: Oneida NY 13478– Ellsworth AFB Status: Excess Property No.: 18200220024 Box Elder Co: Pennington SD 57706– Reason: Interest expressed Status: Unutilized Property No.: 18200310004 Bldg. 106 Reason: Held in trust Status: Unutilized La Junta Strategic Range Bldg. 1253 Reason: Special Legislation La Junta Co: Otero CO 81050–9501 Verona Test Annex Tract 67 Property No.: 18200230006 Verona Co: Oneida NY 13478– Ellsworth AFB Status: Excess Property No.: 18200220025 Box Elder Co: Pennington SD 57706– Reason: Interest expressed Status: Unutilized Property No.: 18200310005 Reason: Held in trust Status: Unutilized New York Bldg. 1255 Reason: Mission purpose Building Verona Test Annex Washington Bldg. 1225 Verona Co: Oneida NY 13478– Verona Text Annex Property No.: 18200220026 Building Verona Co: Oneida NY 13478– Status: Unutilized 22 Bldgs./Geiger Heights Property No.: 18200220014 Reason: Held in trust Fairchild AFB Status: Unutilized Bldg. 1261 Spokane WA 99224– Reason: Held in trust Verona Test Annex Property No.: 18200420001 Bldg. 1226 Verona Co: Oneida NY 13478– Status: Unutilized Verona Test Annex Property No.: 18200220027 Reason: Mission effort Verona Co: Oneida NY 13478– Status: Unutilized Bldg. 404/Geiger Heights Property No.: 18200220015 Reason: Held in trust Fairchild AFB Status: Unutilized Bldg. 1263 Spokane WA 99224– Reason: Held in trust Verona Test Annex Property No.: 18200420002 Bldg. 1227 Verona Co: Oneida NY 13478– Status: Unutilized Verona Text Annex Property No.: 18200220028 Reason: Mission effort Verona Co: Oneida NY 13478– Status: Unutilized 11 Bldgs./Geiger Heights Property No.: 18200220016 Reason: Held in trust Fairchild AFB Status: Unutilized Bldgs. 1266, 1269 Spokane WA 99224– Reason: Held in trust Verona Test Annex Property No.: 18200420003 Bldg. 1231 Verona Co: Oneida NY 13478– Status: Unutilized Verona Test Annex Property No.: 18200220029 Reason: Mission effort Verona Co: Oneida NY 13478– Status: Unutilized Bldg. 297/Geiger Heights Property No.: 18200220017 Reason: Held in trust Fairchild AFB Status: Unutilized Bldg. 1271 Spokane WA 99224– Reason: Held in trust Verona Test Annex Property No.: 18200420004 Bldg. 1233 Verona Co: Oneida NY 13478– Status: Unutilized Verona Test Annex Property No.: 18200220030 Reason: Mission effort Verona Co: Oneida NY 13478– Status: Unutilized 9 Bldgs./Geiger Heights Property No.: 18200220018 Reason: Held in trust Fairchild AFB Status: Unutilized Bldg. 1273 Spokane WA 99224– Reason: Held in trust Verona Test Annex Property No.: 18200420005 Bldgs. 1235, 1239 Verona Co: Oneida NY 13478– Status: Unutilized Verona Test Annex Property No.: 18200220031 Reason: Mission effort Verona Co: Oneida NY 13478– Status: Unutilized 22 Bldgs./Geiger Heights Property No.: 18200220019 Reason: Held in trust Fairchild AFB Status: Unutilized Bldg. 1277 Spokane WA 99224– Reason: Held in trust Verona Test Annex Property No.: 18200420006 Bldg. 1241 Verona Co: Oneida NY 13478– Status: Unutilized Verona Test Annex Property No.: 18200220032 Reason: Mission effort Verona Co: Oneida NY 13478– Status: Unutilized 51 Bldgs./Geiger Heights Property No.: 18200220020 Reason: Held in trust Fairchild AFB Status: Unutilized Bldg. 1279 Spokane WA 99224– Reason: Held in trust Verona Test Annex Property No.: 18200420007 Bldg. 1243 Verona Co: Oneida NY 13478– Status: Unutilized Verona Test Annex Property No.: 18200220033 Reason: Mission effort Verona Co: Oneida NY 13478– Status: Unutilized Bldg. 402/Geiger Heights Property No.: 18200220021 Reason: Held in trust Fairchild AFB Status: Unutilized Bldg. 1285 Spokane WA 99224– Reason: Held in trust Verona Test Annex Property No.: 18200420008 Bldg. 1245 Verona Co: Oneida NY 13478– Status: Unutilized Verona Test Annex Property No.: 18200220034 Reason: Mission effort Verona Co: Oneida NY 13478– Status: Unutilized 5 Bldgs./Geiger Heights
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Fairchild AFB 222, 224, 271, 295, 260 Fort Carson Bldg. T234 Spokane WA 99224– Ft. Carson Co: El Paso CO 80913– Hunter Army Airfield Property No.: 18200420009 Property No.: 21200410092 Garrison Co: Chatham GA 31409– Status: Unutilized Status: Unutilized Property No.: 21200420008 Reason: Mission effort Reason: Occupied Status: Excess 5 Bldgs./Geiger Heights Bldg. S6220 Reason: In use Fairchild AFB 102, 183, 118, 136, 113 Fort Carson Bldg. T235 Spokane WA 99224– Ft. Carson Co: El Paso CO 80913– Hunter Army Airfield Property No.: 18200420010 Property No.: 21200420175 Garrison Co: Chatham GA 31409– Status: Unutilized Status: Unutilized Property No.: 21200420009– Reason: Mission effort Reason: In use Status: Excess Reason: In use Army Bldg. S6285 Fort Carson Bldg. T702 Alabama Ft. Carson Co: El Paso CO 80913– Hunter Army Airfield Building Property No.: 21200420176 Garrison Co: Chatham GA 31409– Status: Unutilized Property No.: 21200420010 Bldg. 01433 Reason: In use Status: Excess Fort Rucker Reason: In use Ft. Rucker Co: Dale AL 36362– Bldg. S6287 Property No.: 21200220098 Fort Carson Bldg. T703 Status: Excess Ft. Carson Co: El Paso CO 80913– Hunter Army Airfield Reason: Being utilized Property No.: 21200420177 Garrison Co: Chatham GA 31409– Status: Unutilized Property No.: 21200420011 Colorado Reason: In use Status: Excess Reason: In use Building Georgia Bldg. T704 Bldg. T–203 Building Hunter Army Airfield Fort Carson Bldg. 2410 Garrison Co: Chatham GA 31409– Ft. Carson Co: El Paso CO 80913– Fort Gordon Property No.: 21200420012 Property No.: 21200340079 Ft. Gordon Co: Richmond GA 30905– Status: Excess Status: Unutilized Property No.: 21200140076 Reason: In use Reason: Occupied Status: Unutilized Bldg. P813 Bldgs. T–223 thru T–227 Reason: Change in mission requirement Hunter Army Airfield Fort Carson Bldg. T–920 Garrison Co: Chatham GA 31409– Ft. Carson Co: El Paso CO 80913– Fort Stewart Property No.: 21200420013 Property No.: 21200340081 Hinesville Co: Liberty GA 31314– Status: Excess Status: Unutilized Property No.: 21200240083 Reason: In use Reason: Occupied Status: Excess Bldgs. S843, S844, S845 Bldg. S6222 Reason: Mission use Hunter Army Airfield Fort Carson Bldgs. 00960, 00961, 00963 Garrison Co: Chatham GA 31409– Ft. Carson Co: El Paso CO 80913– Fort Benning Property No.: 21200420014 Property No.: 21200340082 Ft. Benning Co: Chattahoochee GA Status: Excess Status: Unutilized Property No.: 21200330107 Reason: In use Reason: Occupied Status: Unutilized Bldg. P925 Bldg. S6264 Reason: Occupied Hunter Army Airfield Fort Carson Bldg. T201 Garrison Co: Chatham GA 31409– Ft. Carson Co: El Paso CO 80913– Hunter Army Airfield Property No.: 21200420015 Property No.: 21200340084 Garrison Co: Chatham GA 31409– Status: Excess Status: Unutilized Property No.: 21200420002 Reason: In use Reason: Occupied Status: Excess Bldg. S1227 Bldg. 1040 Reason: In use Hunter Army Airfield Fort Carson Bldg. T202 Garrison Co: Chatham GA 31409– Ft. Carson Co: El Paso CO 80913– Hunter Army Airfield Property No.: 21200420016 Property No.: 21200410088 Garrison Co: Chatham GA 31409– Status: Excess Status: Unutilized Property No.: 21200420003 Reason: In use Reason: Occupied Status: Excess Bldg. S1248 Bldgs. P1042, P1043, P1044 Reason: In use Hunter Army Airfield Fort Carson Bldg. T222 Garrison Co: Chatham GA 31409– Ft. Carson Co: El Paso CO 80913– Hunter Army Airfield Property No.: 21200420017 Property No.: 21200410089 Garrison Co: Chatham GA 31409– Status: Excess Status: Unutilized Property No.: 21200420004 Reason: In use Reason: Occupied Status: Excess Bldg. S1251 Bldg.1045 Reason: In use Hunter Army Airfield Fort Carson Bldg. P223 Garrison Co: Chatham GA 31049– Ft. Carson Co: El Paso CO 80913– Hunter Army Airfield Property No.: 21200420018 Property No.: 21200410090 Garrison Co: Chatham GA 31409– Status: Excess Status: Unutilized Property No.: 21200420005 Reason: In use Reason: Occupied Status: Excess Bldg. T1254 Bldgs. P1046, P1047 Reason: In use Hunter Army Airfield Fort Carson Bldg. P224 Garrison Co: Chatham GA 31049– Ft. Carson Co: El Paso CO 80913– Hunter Army Airfield Property No.: 21200420019 Property No.: 21200410091 Garrison Co: Chatham GA 31409– Status: Excess Status: Unutilized Property No.: 21200420006 Reason: In use Reason: Occupied Status: Excess Bldg. S1259 Bldg. P1049 Reason: In use Hunter Army Airfield
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Garrison Co: Chatham GA 31049– Status: Excess Bldg. T04 Property No.: 21200420020 Reason: In use Fort Stewart Status: Excess Bldgs. 5974–5977 Ft. Stewart Co: Liberty GA 31314– Reason: In use Fort Benning Property No.: 21200420182 Bldg. S1260 Ft. Benning Co: Chattahoochee GA 31905– Status: Excess Hunter Army Airfield Property No.: 21200420037 Reason: In use Garrison Co: Chatham GA 31049– Status: Excess Bldg. T05 Property No.: 21200420021 Reason: In use Fort Stewart Status: Excess Bldg. 5978 Ft. Stewart Co: Liberty GA 31314– Reason: In use Fort Benning Property No.: 21200420183 Bldg. P1275 Ft. Benning Co: Chattahoochee GA 31905– Status: Excess Hunter Army Airfield Property No.: 21200420038 Reason: In use Garrison Co: Chatham GA 31049– Status: Excess Bldg. T06 Property No.: 21200420022 Reason: In use Fort Stewart Status: Excess Bldg. 5981 Ft. Stewart Co: Liberty GA 31314– Reason: In use Fort Benning Property No.: 21200420184 Bldg. P1276 Ft. Benning Co: Chattahoochee GA 31905– Status: Excess Hunter Army Airfield Property No.: 21200420039 Reason: In use Garrison Co: Chatham GA 31049– Status: Excess Bldg. T08 Property No.: 21200420023 Reason: In use Fort Stewart Status: Excess Bldgs. 5984–5988 Ft. Stewart Co: Liberty GA 31314– Reason: In use Fort Benning Property No.: 21200420185 Bldg. P1277 Ft. Benning Co: Chattachoochee GA 31905– Status: Excess Hunter Army Airfield Property No.: 21200420040 Reason: In use Garrison Co: Chatham GA 31049– Status: Excess Bldg. 00037 Property No.: 21200420024 Reason: In use Fort Stewart Status: Excess Bldg. 5993 Ft. Stewart Co: Liberty GA 31314– Reason: In use Fort Benning Property No.: 21200420186 Bldg. T1412 Ft. Benning Co: Chattahoochee GA 31905– Status: Excess Hunter Army Airfield Property No.: 21200420041 Reason: In use Garrison Co: Chatham GA 31049– Status: Excess Bldg. T55 Property No.: 21200420025 Reason: In use Fort Stewart Status: Excess Bldg. 5994 Ft. Stewart Co: Liberty GA 31314– Reason: In use Fort Benning Property No.: 21200420187 Bldg. T1413 Ft. Benning Co: Chattahoochee GA 31905– Status: Excess Hunter Army Airfield Property No.: 21200420042 Reason: In use Garrison Co: Chatham GA 31049– Status: Excess Bldg. T85 Property No.: 21200420026 Reason: In use Fort Stewart Status: Excess Bldg. 5995 Ft. Stewart Co: Liberty GA 31314– Reason: In use Fort Benning Property No.: 21200420188 Bldg. P8058 Ft. Benning Co: Chattahoochee GA 31905– Status: Excess Hunter Army Airfield Property No.: 21200420043 Reason: In use Garrison Co: Chatham GA 31049– Status: Excess Bldg. T131 Property No.: 21200420028 Reason: In use Fort Stewart Status: Excess Bldg. 9000 Ft. Stewart Co: Liberty GA 31314– Reason: In use Fort Benning Property No.: 21200420189 Bldg. 8658 Ft. Benning Co: Chattahoochee GA 31905– Status: Excess Hunter Army Airfield Property No.: 21200420045 Reason: In use Garrison Co: Chatham GA 31049– Status: Excess Bldg. T132 Property No.: 21200420029 Reason: In use Fort Stewart Status: Excess Bldgs. 9002, 9005 Ft. Stewart Co: Liberty GA 31314– Reason: In use Fort Benning Property No.: 21200420190 Bldg. 8659 Ft. Benning Co: Chattahoochee GA 31905– Status: Excess Hunter Army Airfield Property No.: 21200420046 Reason: In use Garrison Co: Chatham GA 31049– Status: Excess Bldg. T157 Property No.: 21200420030 Reason: In use Fort Stewart Status: Excess Bldg. 9025 Ft. Stewart Co: Liberty GA 31314– Reason: In use Fort Benning Property No.: 21200420191 Bldgs. 8675, 8676 Ft. Benning Co: Chattahoochee GA 31905– Status: Excess Hunter Army Airfield Property No.: 21200420047 Reason: In use Garrison Co: Chatham GA 31049– Status: Excess Bldg. 00916 Property No.: 21200420031 Reason: In use Fort Stewart Status: Excess Bldg. 9026 Ft. Stewart Co: Liberty GA 31314– Reason: In use Fort Benning Property No.: 21200420192 Bldg. 5962–5966 Ft. Benning Co: Chattahoochee GA 31905– Status: Excess Fort BennIng Property No.: 21200420048 Reason: In use Ft. BennIng Co: Chattahoochee GA 31905 Status: Excess Bldg. 00923 Property No.: 21200420035 Reason: In use Fort Stewart Status: Excess Bldg. T01 Ft. Stewart Co: Liberty GA 31314– Reason: In use Fort Stewart Property No.: 21200420193 Bldgs. 5967–5971 Ft. Stewart Co: Liberty GA 31314– Status: Excess Fort Benning Property No.: 21200420181 Reason: In use Ft. Benning Co: Chattahoochee GA 31905– Status: Excess Bldg. P925 Property No.: 21200420036 Reason: In use Fort Stewart
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Ft. Stewart Co: Liberty GA 31314– Status: Excess Bldg. T19201 Property No.: 21200420195 Reason: In use Fort Stewart Status: Excess Bldg. T1051 Ft. Stewart Co: Liberty GA 31314– Reason: In use Fort Stewart Property No.: 21200420220 Bldg. 00926 Ft. Stewart Co: Liberty GA 31314– Status: Excess Fort Stewart Property No.: 21200420208 Reason: In use Ft. Stewart Co: Liberty GA 31314– Status: Excess Bldg. 19202 Property No.: 21200420196 Reason: In use Fort Stewart Status: Excess Bldg. T1056 Ft. Stewart Co: Liberty GA 31314– Reason: In use Fort Stewart Property No.: 21200420221 Bldg. 01002 Ft. Stewart Co: Liberty GA 31314– Status: Excess Fort Stewart Property No.: 21200420209 Reason: In use Ft. Stewart Co: Liberty GA 31314– Status: Excess Bldg. 19204 thru 19207 Property No.: 21200420197 Reason: In use Fort Stewart Status: Excess Bldg. T1057 Ft. Stewart Co: Liberty GA 31314– Reason: In use Fort Stewart Property No.: 21200420222 Bldg. 01003 Ft. Stewart Co: Liberty GA 31314– Status: Excess Fort Stewart Property No.: 21200420210 Reason: In use Ft. Stewart Co: Liberty GA 31314– Status: Excess Bldgs. 19208 thru 19211 Property No.: 21200420198 Reason: In use Fort Stewart Status: Excess Bldg. T1058 Ft. Stewart Co: Liberty GA 31314– Reason: In use Fort Stewart Property No.: 21200420223 Bldg. T1004 Ft. Stewart Co: Liberty GA 31314– Status: Excess Fort Stewart Property No.: 21200420211 Reason: In use Ft. Stewart Co: Liberty GA 31314– Status: Excess Bldg. 19212 Property No.: 21200420199 Reason: In use Fort Stewart Status: Excess Bldg. T1062 Ft. Stewart Co: Liberty GA 31314– Reason: In use Fort Stewart Property No.: 21200420224 Bldg. T1023 Ft. Stewart Co: Liberty GA 31314– Status: Excess Fort Stewart Property No.: 21200420212 Reason: In use Ft. Stewart Co: Liberty GA 31314– Status: Excess Bldg. 19213 Property No.: 21200420200 Reason: In use Fort Stewart Status: Excess Bldg. T1069 Ft. Stewart Co: Liberty GA 31314– Reason: In use Fort Stewart Property No.: 21200420225 Bldg. T1041 Ft. Stewart Co: Liberty GA 31314– Status: Excess Fort Stewart Property No.: 21200420213 Reason: In use Ft. Stewart Co: Liberty GA 31314– Status: Excess Bldg. 19214– Property No.: 21200420201 Reason: In use Fort Stewart Status: Excess Bldg. T1083 Ft. Stewart Co: Liberty GA 31314– Reason: In use Fort Stewart Property No.: 21200420226 Bldg. T1043 Ft. Stewart Co: Liberty GA 31314– Status: Excess Fort Stewart Property No.: 21200420214 Reason: In use Ft. Stewart Co: Liberty GA 31314– Status: Excess Bldg. 19215 Property No.: 21200420202 Reason: In use Fort Stewart Status: Excess Bldg. 19101 Ft. Stewart Co: Liberty GA 31314– Reason: In use Fort Stewart Property No.: 21200420227 Bldg. T1045 Ft. Stewart Co: Liberty GA 31314– Status: Excess Fort Stewart Property No.: 21200420215 Reason: In use Ft. Stewart Co: Liberty GA 31314– Status: Excess Bldg. 19216 Property No.: 21200420203 Reason: In use Fort Stewart Status: Excess Bldg. 19102 Ft. Stewart Co: Liberty GA 31314– Reason: In use Fort Stewart Property No.: 21200420228 Bldg. T106 Ft. Stewart Co: Liberty GA 31314– Status: Excess Fort Stewart Property No.: 21200420216 Reason: In use Ft. Stewart Co: Liberty GA 31314– Status: Excess Bldg. 19217 Property No.: 21200420204 Reason: In use Fort Stewart Status: Excess Bldg. T19111 Ft. Stewart Co: Liberty GA 31314– Reason: In use Fort Stewart Property No.: 21200420229 Bldg. T1047 Ft. Stewart Co: Liberty GA 31314– Status: Excess Fort Stewart Property No.: 21200420217 Reason: In use Ft. Stewart Co: Liberty GA 31314– Status: Excess Bldg. 19218 Property No.: 21200420205 Reason: In use Fort Stewart Status: Excess Bldg. 19112 Ft. Stewart Co: Liberty GA 31314– Reason: In use Fort Stewart Property No.: 21200420230 Bldg. T1049 Ft. Stewart Co: Liberty GA 31314– Status: Excess Fort Stewart Property No.: 21200420218 Reason: In use Ft. Stewart Co: Liberty GA 31314– Status: Excess Bldgs. 19219, 19220 Property No.: 21200420206 Reason: In use Fort Stewart Status: Excess Bldg. 19113 Ft. Stewart Co: Liberty GA 31314– Reason: In use Fort Stewart Property No.: 21200420231 Bldg. T1050 Ft. Stewart Co: Liberty GA 31314– Status: Excess Fort Stewart Property No.: 21200420219 Reason: In use Ft. Stewart Co: Liberty GA 31314– Status: Excess Bldg. 19223 Property No.: 21200420207 Reason: In use Fort Stewart
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Ft. Stewart Co: Liberty GA 31314– Fort BenjamIn Harrison Status: Unutilized Property No.: 21200420232 Indianapolis Co: Marion In 46216– Reason: Occupied Status: Excess Property No.: 21200320101 Bldg. 5760 Reason: In use Status: Unutilized Fort Leonard Wood Bldg. 19225 Reason: Occupied Ft. Leonard Wood Co: Pulaski MO 65743– Fort Stewart Bldg. 334 8944 Ft. Stewart Co: Liberty GA 31314– Fort BenjamIn Harrison Property No.: 21200410102 Property No.: 21200420233 Indianapolis Co: Marion In 46216– Status: Unutilized Status: Excess Property No.: 21200320102 Reason: Occupied Reason: In use Status: Unutilized Bldg. 5762 Bldg. 19226 Reason: Occupied Fort Leonard Wood Fort Stewart Bldg. 337 Ft. Leonard Wood Co: Pulaski MO 65743– Ft. Stewart Co: Liberty GA 31314– Fort BenjamIn Harrison 8944 Property No.: 21200420234 Indianapolis Co: Marion In 46216– Property No.: 21200410103 Status: Excess Property No.: 21200320103 Status: Unutilized Reason: In use Status: Unutilized Reason: Occupied Bldg. T19228 Reason: Occupied Bldg. 5763 Fort Stewart Fort Leonard Wood Maryland Ft. Stewart Co: Liberty GA 31314– Ft. Leonard Wood Co: Pulaski MO 65743– Property No.: 21200420235 BuildIng 8944 Status: Excess Bldg. 2282C Property No.: 21200410104 Reason: In use Fort George G. Meade Status: Unutilized Bldg. 19229 Fort Meade Co: Anne Arundel MD 20755- Reason: Occupied Fort Stewart Property No.: 21200230059 Bldg. 5765 Ft. Stewart Co: Liberty GA 31314– Status: Unutilized Fort Leonard Wood Property No.: 21200420236 Reason: Secured Ft. Leonard Wood Co: Pulaski MO 65743– Status: Excess Bldg. 8608 8944 Reason: In use Fort George G. Meade Property No.: 21200410105 Bldg. 19232 Ft. Meade MD 20755–5115 Status: Unutilized Fort Stewart Property No.: 21200410099 Reason: Occupied Ft. Stewart Co: Liberty GA 31314– Status: Unutilized Bldg. 5760 Property No.: 21200420237 Reason: Occupied Fort Leonard Wood Status: Excess Bldg. 8612 Ft. Leonard Wood Co: Pulaski MO 65743– Reason: In use Fort George G. Meade 8944 Bldg. 19233 Ft. Meade MD 20755–5115 Property No.: 21200420059 Fort Stewart Property No.: 21200410101 Status: Unutilized Ft. Stewart Co: Liberty GA 31314– Status: Unutilized Reason: In use Property No.: 21200420238 Reason: Occupied Bldg. 5762 Status: Excess Fort Leonard Wood Reason: In use Missouri Ft. Leonard Wood Co: Pulaski MO 65743– Bldg. 19236 BuildIng 8944 Fort Stewart Bldg. 1230 Property No.: 21200420060 Ft. Stewart Co: Liberty GA 31314– Fort Leonard Wood Status: Unutilized Property No.: 21200420239 Ft. Leonard Wood Co: Pulaski MO 65743– Reason: In use Status: Excess 8944 Bldg. 5763 Reason: In use Property No.: 21200340087 Fort Leonard Wood Bldg. 19238 Status: Unutilized Ft. Leonard Wood Co: Pulaski MO 65743– Fort Stewart Reason: Occupied 8944 Ft. Stewart Co: Liberty GA 31314– Bldg. 1621 Property No.: 21200420061 Property No.: 21200420240 Fort Leonard Wood Status: Unutilized Status: Excess Ft. Leonard Wood Co: Pulaski MO 65743– Reason: In use Reason: In use 8944 Bldg. 5765 Fort Leonard Wood Indiana Property No.: 21200340088 Status: Unutilized Ft. Leonard Wood Co: Pulaski MO 65743– BuildIng Reason: Occupied 8944 Bldg. 301 Bldg. 6822 Property No.: 21200420062 Fort BenjamIn Harrison Fort Leonard Wood Status: Unutilized Indianapolis Co: Marion In 45216– Ft. Leonard Wood Co: Pulaski MO 65743– Reason: In use Property No.: 21200320098 8944 New York Status: Unutilized Property No.: 21200340091 Reason: Occupied Status: Unutilized Building Bldg. 302 Reason: Occupied Bldgs. 1511–1518 Fort BenjamIn Harrison Bldg. 9000 U.S. Military Academy Indianapolis Co: Marion In 46216– Fort Leonard Wood Training Area Property No.: 21200320099 Ft. Leonard Wood Co: Pulaski MO 65743– Highlands Co: Orange NY 10996– Status: Unutilized 8944 Property No.: 21200320160 Reason: Occupied Property No.: 21200340092 Status: Unutilized Bldg. 303 Status: Unutilized Reason: Occupied Fort BenjamIn Harrison Reason: Occupied Bldgs. 1523–1526 Indianapolis Co: Marion In 46216– Bldg. 10201 U.S. Military Academy Property No.: 21200320100 Fort Leonard Wood Training Area Status: Unutilized Ft. Leonard Wood Co: Pulaski MO 65743– Highlands Co: Orange NY 10996– Reason: Occupied 8944 Property No.: 21200320161 Bldg. 304 Property No.: 21200340093 Status: Unutilized
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Reason: Occupied Reason: Admin use Bldg. 00720 Bldgs. 1704–1705, 1721–1722 Bldgs. 4260, 4261, 4262 Fort Hood U.S. Military Academy Fort Hood Bell Co: TX 76544– Training Area Ft. Hood Co: Bell TX 76544– Property No.: 21200440082 Highlands Co: Orange NY 10996– Property No.: 21200220142 Status: Excess Property No.: 21200320162 Status: Unutilized Reason: Occupied Status: Unutilized Reason: Admin use Bldg. 00722 Reason: Occupied Bldg. 00241 Fort Hood Bldg. 1723 Fort Hood Bell Co: TX 76544– U.S. Military Academy Ft. Hood Co: Bell TX 76544-Property No.: Property No.: 21200440083 Training Area 21200430067 Status: Excess Highlands Co: Orange NY 10996– Status: Unutilized Reason: Occupied Property No.: 21200320163 Reason: Mission purposes Bldg. 00728 Fort Hood Status: Unutilized Bldgs. 00242–00244 Bell Co: TX 76544– Reason: Occupied Fort Hood Property No.: 21200440084 Bldgs. 1706–1709 Ft. Hood Co: Bell TX 76544-Property No.: Status: Excess U.S. Military Academy 21200430068 Reason: Occupied Training Area Status: Unutilized Highlands Co: Orange NY 10996– Reason: Mission purposes Bldg. 00729 Fort Hood Property No.: 21200320164 Bldgs. 00245–00247 Bell Co: TX 76544– Status: Unutilized Fort Hood Property No.: 21200440085 Reason: Occupied Ft. Hood Co: Bell TX 76544-Property No.: Bldgs. 1731–1735 Status: Excess 21200430069 Reason: Occupied U.S. Military Academy Status: Unutilized Training Area Reason: Mission purposes Bldgs. 01121, 01156 Fort Hood Highlands Co: Orange NY 10996– Bldgs. 00248–00249 Property No.: 21200320165 Bell Co: TX 76544– Fort Hood Property No.: 21200440086 Status: Unutilized Ft. Hood Co: Bell TX 76544– Reason: Occupied Status: Excess Property No.: 21200430070 Reason: Occupied North Carolina Status: Unutilized Reason: Mission Purposes Bldg. 04220 Building Fort Hood Bldgs. 00250–00252 Bell Co: TX 76544– Bldgs. A2245, A2345 Fort Hood Property No.: 21200440087 Fort Bragg Ft. Hood Co: Bell TX 76544– Status: Excess Ft. Bragg Co: Cumberland NC 28310– Property No.: 21200430071 Reason: Occupied Property No.: 21200240084 Status: Unutilized Bldgs. 04223–04226 Status: Excess Reason: Mission Purposes Reason: Mission use Fort Hood Bldgs. 00253–00254 Bell Co: TX 76544– Bldg. N4116 Fort Hood Property No.: 21200440088 Fort Bragg Ft. Hood Co: Bell TX 76544– Status: Excess Ft. Bragg Co: Cumberland NC 28310– Property No.: 21200430072 Reason: Occupied Property No.: 21200240087 Status: Unutilized Status: Excess Bldg. 04280 Reason: Mission Purposes Fort Hood Reason: Mission use Bldg. 00255 Bell Co: TX 76544– Tennessee Fort Hood Property No.: 21200440089 Bell Co: TX 76544– Status: Excess Building Property No.: 21200440077 Reason: Occupied Bldgs. 01551, 01552 Status: Excess Bldg. 04335 Fort Campbell Reason: Occupied Fort Hood Ft. Campbell Co: Montgomery TN 42223– 3 Bldgs. Bell Co: TX 76544– Property No.: 21200230076 Fort Hood Property No.: 21200440090 Status: Unutilized Bell Co: TX 76544– Status: Excess Reason: Utilized Property No.: 21200440078 Reason: Occupied Status: Excess Texas 6 Bldgs. Reason: Occupied Fort Hood Building Bldgs. 00259, 00267 Bell Co: TX 76544– Bldgs. 4219, 4227 Fort Hood Property No.: 21200440091 Fort Hood Bell Co: TX 76544– Status: Excess Ft. Hood Co: Bell TX 76544– Property No.: 21200440079 Reason: Occupied Property No.: 21200220139 Status: Excess Bldg. 04450 Status: Unutilized Reason: Occupied Fort Hood Reason: Admin use Bldgs. 00268–00269 Bell Co: TX 76544– Bldgs. 4229, 4230, 4231 Fort Hood Property No.: 21200440092 Fort Hood Bell Co: TX 76544– Status: Excess Ft. Hood Co: Bell TX 76544– Property No.: 21200440080 Reason: Occupied Property No.: 21200220140 Status: Excess 3 Bldgs. Status: Unutilized Reason: Occupied Fort Hood Reason: Admin use 3 Bldgs. Bell Co: TX 76544– Bldgs. 4244, 4246 Fort Hood Property No.: 21200440093 Fort Hood Bell Co: TX 76544– Status: Excess Ft. Hood Co: Bell TX 76544– Property No.: 21200440081 Reason: Occupied Property No.: 21200220141 Status: Excess Bldg. 04465 Status: Unutilized Reason: Occupied Fort Hood
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Bell Co: TX 76544– Property No.: 21200440106 Grand Chain Co: Pulaski IL 62941–9801 Property No.: 21200440094 Status: Excess Property No.: 31199010005 Status: Excess Reason: Occupied Status: Unutilized Reason: Occupied Bldgs. 90053–90054 Reason: Project integrity and security; safety Bldgs. 04466–04467 Fort Hood liability Fort Hood Bell Co: TX 76544– Bldg. 2 Bell Co: TX 76544– Property No.: 21200440107 Ohio River Locks & Dam No. 53 Property No.: 21200440095 Status: Excess Grand Chain Co: Pulaski IL 62941–9801 Status: Excess Reason: Occupied Property No.: 31199010006 Reason: Occupied Status: Unutilized Virginia Reason: Project integrity and security; safety Bldg. 04468 liability Fort Hood Building Bell Co: TX 76544– Bldg. T2827 Bldg. 1 Property No.: 21200440096 Fort Pickett Ohio River Locks & Dam No. 53 Status: Excess Blackstone Co: Nottoway VA 23824– Grand Chain Co: Pulaski IL 62941–9801 Reason: Occupied Property No.: 21200320172 Property No.: 31199010007 Status: Unutilized Bldg. 04473 Status: Unutilized Reason: Occupied Reason: Project integrity and security; safety Fort Hood liability Bell Co: TX 76544– Bldg. T2841 Property No.: 21200440097 Fort Pickett Land Status: Excess Blackstone Co: Nottoway VA 23824– Lake Shelbyville Reason: Occupied Property No.: 21200320173 Shelbyville Co: Shelby & Moultrie IL 62565– Bldgs. 04475–04476 Status: Unutilized 9804 Fort Hood Reason: Occupied Property No.: 31199240004 Bell Co: TX 76544– Bldg. 03137 Status: Unutilized Property No.: 21200440098 Fort Belvoir Reason: Disposal action initiated Status: Excess Ft. Belvoir Co: Fairfax VA 22060– Ohio Reason: Occupied Property No.: 21200440110 Building Bldg. 04477 Status: Unutilized Fort Hood Reason: Occupied Bldg.—Berlin Lake 7400 Bedell Road Berlin Center Co: Mahoning OH 44401–9797 Bell Co: TX 76544– Washington Property No.: 21200440099 Property No.: 31199640001 Status: Excess Building Status: Unutilized Reason: Occupied Bldg. 05904 Reason: Utilized as construction office Bldg. 07002 Fort Lewis Pennsylvania Fort Hood Ft. Lewis Co: Pierce WA 98433–9500 Building Bell Co: TX 76544– Property No.: 21200240092 Property No.: 21200440100 Status: Excess Tract 403A Status: Excess Reason: Mission use Grays Landing Lock & Dam Project Greensboro Co: Greene PA 15338– Reason: Occupied COE Bldg. 7002A Property No.: 31199430021 Status: Unutilized Fort Hood Illinois Reason: To be transferred to Borough Bell Co: TX 76544– Building Property No.: 21200440101 Tract 403B Bldg. 7 Grays Landing Lock & Dam Project Status: Excess Ohio River Locks & Dam No. 53 Reason: Occupied Greensboro Co: Greene PA 15338– Grand Chain Co: Pulaski IL 62941–9801 Property No.: 31199430022 Bldgs. 31007, 31009 Property No.: 31199010001 Status: Unutilized Fort Hood Status: Unutilized Reason: To be transferred to Borough Bell Co: TX 76544– Reason: Project integrity and security; safety Tract 403C Property No.: 21200440102 liability Grays Landing Lock & Dam Project Status: Excess Bldg. 6 Reason: Occupied Greensboro Co: Greene PA 15338– Ohio River Locks & Dam No. 53 Property No.: 31199430023 Bldg. 31008 Grand Chain Co: Pulaski IL 62941–9801 Status: Unutilized Fort Hood Property No.: 31199010002 Reason: To be transferred to Borough Bell Co: TX 76544– Status: Unutilized Land Property No.: 21200440103 Reason: Project integrity and security; safety Status: Excess liability East Branch Clarion River Lake Reason: Occupied Bldg. 5 Wilcox Co: Elk PA Bldg. 31011 Ohio River Locks & Dam No. 53 Property No.: 31199011012 Fort Hood Grand Chain Co: Pulaski IL 62941–9801 Status: Underutilized Bell Co: TX 76544– Property No.: 31199010003 Reason: Location near damsite Property No.: 21200440104 Status: Unutilized Dashields Locks and Dam Status: Excess Reason: Project integrity and security; safety (Glenwillard, PA) Reason: Occupied liability Crescent Twp. Co: Allegheny PA 15046–0475 Property No.: 31199210009 Bldg. 57001 Bldg. 4 Status: Unutilized Fort Hood Ohio River Locks & Dam No. 53 Reason: Leased to Township Bell Co: TX 76544– Grand Chain Co: Pulaski IL 62941–9801 Property No.: 21200440105 Property No.: 31199010004 Energy Status: Excess Status: Unutilized Reason: Occupied Reason: Project integrity and security; safety Idaho Bldgs. 90039–90040 liability Building Fort Hood Bldg. 3 Bldg. CFA–613 Bell Co: TX 76544– Ohio River Locks & Dam No. 53 Central Facilities Area
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Idaho National Engineering Lab Calsbad Co: Eddy NM 88220–5738 Status: Underutilized Scoville Co: Butte ID 83415– Property No.: 54200430020 Reason: Being used for patient and program Property No.: 41199630001 Status: Surplus activities. Status: Unutilized GSA Number : 7–G–NM–0570 Reason: Historical issues Reason: Negotiated sale Montana Building GSA New York VA MT Healthcare Building Alaska 210 S. Winchester Building Social Sec. Admin. Bldg. Miles City Co: Custer MT 59301– 517 N. BarrySt. House 910 S. Felton Street Property No.: 97200030001 Olean NY 10278–0004 Tsunami Warning Center Status: Underutilized Property No.: 54200230009 Palmer Co: AK Reason: Transfer to Custer County Status: Excess PropertyProperty No.: 54200430007 GSA Number : 1–G–NY–0895 New York Status: Surplus Reason: Environmental questions GSA Number : 9–C–AK–794 Land Reason: Interest by city Hancock Army Complex VA Medical Center Track 4 Fort Hill Avenue Michigan Stewart Drive West Canandaigua Co: Ontario NY 14424– Land Cicero Co: Onondaga NY 13039– Property No.: 97199010017 Property No.: 54200310013 IOM Site Status: Underutilized Status: Excess Chesterfield Road Reason: Portion leased; portion landlocked GSA Number : 1–D–NY–803 Chesterfield Co: Macomb MI Reason: Negotiated sale Ohio Property No.: 54200340008 Status: Excess Tennessee Building GSA Number : 1–D–MI–0603F Building Bldg. 116 Reason: Public body interest VA Medical Center 3 Facilities, Guard Posts Dayton Co: Montgomery OH 45428– Minnesota Volunteer Army Ammunition Plant Property No.: 97199920002 Building Chattanooga Co: Hamilton TN 37421– Property No.: 54199930011 Status: Unutilized MG Clement Trott Mem. USARC Status: Surplus Reason: Preexisting agreement Walker Co: Cass MN 56484– GSA Number : 4–D–TN–594F Property No.: 54199930003 Pennsylvania Reason: Negotiated sale Status: Excess Land Federal Building GSA Number : 1–D–MN–575 VA Medical Center Reason: Federal interest 204 North Second Street Clarksville Co: Montgomery TN 37040– New Castle Road Missouri Property No.: 54200430003 Butler Co: Butler PA 16001– Building Status: Excess Property No.: 97199010016 Status: Underutilized Hardesty Federal Complex GSA Number : 4–G–TN–0654 Reason: Expression of interest for education Reason: Used as natural drainage for facility 607 Hardesty Avenue property. Kansas City Co: Jackson MO 64124–3032 West Virginia Land No. 645 Property No.: 54199940001 Building Status: Excess VA Medical Center GSA Number : 7–G–MO–637 Social Security Bldg. Highland Drive Reason: Contaminated 50 16th Street Pittsburgh Co: Allegheny PA 15206– Wheeling Co: Ohio WV 25301– Property No.: 97199010080 New Jersey Property No.: 54200430019 Status: Unutilized Building Status: Excess Reason: Property is essential to security and safety of patients Parcels 3, 4, 5 GSA Number : 4–G–WV–0549 Former Coast Guard Station Reason: Expressions of interest Land—34.16 acres VA Medical Center Beach Haven Co: Ocean NJ 08008– VA Property No.: 54200420005 1400 Black Horse Hill Road Status: Excess Iowa Coatesville Co: Chester PA 19320– GSA Number : 1–U–NJ–499B Land Property No.: 97199340001 Reason: Interest in public benefit conveyance Status: Underutilized 38 acres Reason: Needed for mission related functions Land VA Medical Center Belle Mead Depot 1515 West Pleasant St. Wisconsin Rt. 206/Mountain View Rd. Knoxville Co: Marion IA 50138– Building Property No.: 97199740001 Hillsborough Co: Somerset NJ 08502– Bldg. 2 Status: Unutilized Property No.: 54200210014 VA Medical Center Reason: Enhanced-Use Legislation potential Status: Excess 5000 West National Ave. GSA Number : 1–G–NJ–0642 Michigan Milwaukee WI 53295– Reason: Environmental Land Property No.: 97199830002 New Mexico Status: Underutilized VA Medical Center Reason: Subject of leasing negotiations Building 5500 Armstrong Road Calsbad Federal Building Battle Creek Co: Calhoun MI 49016– [FR Doc. 05–2475 Filed 2–10–05; 8:45 am] 114 South Halagueno Property No.: 97199010015 BILLING CODE 4210–29–P
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Part III
Department of Transportation Federal Aviation Administration
14 CFR Part 95 Redesignation of Mountainous Areas in Alaska; Final Rule
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DEPARTMENT OF TRANSPORTATION submitted on behalf of an association, Since this rule will actually correct business, labor union, etc.). You may our designation of mountainous areas, Federal Aviation Administration review DOT’s complete Privacy Act options or alternatives are not abundant. statement in the Federal Register Without this rule, pilots in Alaska 14 CFR Part 95 published on April 11, 2000 (volume 65, would be forced to continue to operate [Docket No.: FAA–2004–19352; Amendment number 70; pages 19477–78) or you may in areas incorrectly identified as No. 95–340] visit http://dms.dot.gov. mountainous, thereby forcing minimum altitudes to remain unreasonable for Small Business Regulatory Enforcement RIN 2120–AI44 these affected areas. The alternative to Fairness Act Redesignation of Mountainous Areas this rule would be to not act, and that in Alaska The Small Business Regulatory would be a disservice to pilots operating Enforcement Fairness Act (SBREFA) of in the affected areas. AGENCY: 1996 requires FAA to comply with Federal Aviation Discussion of Comments Administration (FAA), DOT. small entity requests for information or ACTION: Final rule. advice about compliance with statutes The comment period for the NPRM and regulations within its jurisdiction. If closed on November 15, 2004. As of SUMMARY: This final rule updates the you are a small entity and you have a November 16, 2004, we had received 13 designated mountainous areas in the question regarding this document, you comments in response to the proposal. State of Alaska. Regulations currently may contact its local FAA official, or the The comments are summarized as designating mountainous areas in person listed under FOR FURTHER follows: Alaska were established in 1956. Since INFORMATION CONTACT. You can find out —11 of the comments submitted were in that time, we have concluded that areas more about SBREFA on the Internet at favor of the proposal. previously considered non-mountainous http://www.faa.gov/avr/arm/sbrefa.cfm. should be expanded, and two areas —1 comment was a brief warning about previously designated mountainous Authority for This Rulemaking the effect of the proposal. should be considered non-mountainous. The FAA’s authority to issue rules —1 comment did not agree with the This final rule will allow aircraft regarding aviation safety is found in proposal, but seemed to operating in certain non-mountainous Title 49 of the United States Code. misunderstand the explanation for the areas to fly at altitudes acceptable for Subtitle I, Section 106 describes the proposal. the actual topography of the area. authority of the FAA Administrator. The 11 comments in favor ranged DATES: This amendment becomes Subtitle VII, Aviation Programs, from anonymous commenters that felt effective March 14, 2005. describes in more detail the scope of the that the proposal was overdue, to papers FOR FURTHER INFORMATION CONTACT: agency’s authority. written presumably as an assignment for Richard W. Girard, Flight Standards This rulemaking is promulgated a college class. These commenters Division, Technical Standards Branch, under the authority described in subtitle agreed with our proposal and felt that AAL–233, Federal Aviation VII, part A, subpart I, section 40103, the change would result in a safer flying Administration, 222 West 7th Avenue, Sovereignty and use of airspace. Under environment in Alaska. Box 14, Anchorage, AK 99513–7587; that section, the FAA is charged with One commenter wrote that, telephone number (907) 271–3578. prescribing regulations on the flight of ‘‘Redesignation of mountainous areas in SUPPLEMENTARY INFORMATION: aircraft (including regulations on safe Alaska may be a problem in the long altitudes). This regulation is within the run.’’ This was the entire comment with Availability of Rulemaking Documents scope of that authority because it no supporting material for the You can get an electronic copy using prescribes minimum safe altitude conclusion. the Internet by: requirements for operations in Alaska. One commenter felt that we might be (1) Searching the Department of Background endangering pilots by redesignating the Transportation’s electronic Docket mountainous areas we mentioned in the Management System (DMS) Web page This final rule updates designated proposed rule. We believe the (http://dms.dot.gov/search); mountainous areas within the State of commenter may have misunderstood (2) Visiting the Office of Rulemaking’s Alaska. It expands areas considered the basis for the proposal. We are not Web page at http://www.faa.gov/avr/ non-mountainous and adds two more allowing a pilot to fly lower in arm/index.cfm; or areas to accurately reflect the true mountainous terrain, which it seems the (3) Accessing the Government topography of the land. commenter believed was the intention Printing Office’s Web page at http:// On October 14, 2004, the FAA of the proposal. Instead, this proposal is www.access.gpo.gov/su_docs/aces/ published a Notice of Proposed updating the designated areas to more aces140.html. Rulemaking (NPRM), ‘‘Redesignation of accurately reflect the terrain. The areas You can also get a copy by submitting Mountainous Areas in Alaska’’ (69 FR we propose to remove from the a request to the Federal Aviation 61128; October 14, 2004). In it, you will mountainous designation are not Administration, Office of Rulemaking, find a history of the problem and a mountainous. We are correcting our ARM–1, 800 Independence Avenue discussion of the safety considerations regulations to reflect the actual SW., Washington, DC 20591, or by supporting our course of action. You topography of the land. The information calling (202) 267–9680. Make sure to will see that an update of these gathered to make this conclusion was identify the amendment number or regulations is overdue and that this not available when the regulation was docket number of this rulemaking. action is welcomed by pilots/operators originally written. We are not lessening Anyone is able to search the in Alaska. We explain in the NPRM that requirements on pilots to maintain electronic form of all comments we are not compromising safety; rather minimum altitudes because we feel received into any of our dockets by the we are more accurately identifying areas technology is more advanced, we are name of the individual submitting the with mountainous terrain and areas correctly identifying areas we comment (or signing the comment, if with non-mountainous terrain. previously thought were mountainous.
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Paperwork Reduction Act Mandates Reform Act of 1995 (Pub. L. Unfunded Mandates Assessment There are no current or new 104–4) requires agencies to prepare a The Unfunded Mandates Reform Act requirements for information collection written assessment of the costs, benefits, of 1995 (the Act) is intended, among associated with this amendment. and other effects of proposed or final other things, to curb the practice of rules that include a Federal mandate imposing unfunded Federal mandates International Compatibility likely to result in the expenditure by on State, local, and tribal governments. In keeping with U.S. obligations State, local, or tribal governments, in the Title II of the Act requires each Federal under the Convention on International aggregate, or by the private sector, of agency to prepare a written statement Civil Aviation, it is FAA policy to $100 million or more annually (adjusted assessing the effects of any Federal comply with International Civil for inflation.) mandate in a proposed or final agency Aviation Organization (ICAO) Standards The FAA has determined this rule (1) rule that may result in an expenditure and Recommended Practices to the has benefits that justify its negligible of $100 million or more (adjusted maximum extent practicable. The FAA costs, is not a ‘‘significant regulatory annually for inflation) in any one year has determined that there are no ICAO action’’ as defined in section 3(f) of by State, local, and tribal governments, Standards and Recommended Practices Executive Order 12866 and is not in the aggregate, or by the private sector; that correspond to these regulations. ‘‘significant’’ as defined in DOT’s such a mandate is deemed to be a Regulatory Policies and Procedures; (2) ‘‘significant regulatory action.’’ The Executive Order 12866 and DOT will not have a significant economic Regulatory Policies and Procedures FAA currently uses an inflation- impact on a substantial number of small adjusted value of $120.7 million in lieu Executive Order 12866, Regulatory entities; (3) does not affect international of $100 million. Planning and Review, directs the FAA trade; and (4) does not impose an This final rule does not contain such to assess both the costs and the benefits unfunded mandate on state, local, or a mandate. The requirements of Title II of a regulatory change. We are not tribal governments, or on the private of the Act, therefore, do not apply. allowed to propose or adopt a regulation sector. These analyses are summarized unless we make a reasoned below. Executive Order 13132, Federalism determination that the benefits of the Regulatory Flexibility Determination The FAA has analyzed this final rule intended regulation justify its costs. Our under the principles and criteria of assessment of this rulemaking indicates The Regulatory Flexibility Act of 1980 Executive Order 13132, Federalism. We that its economic impact is minimal (RFA) directs the FAA to fit regulatory determined that this action will not because we are simply updating a requirements to the scale of the have a substantial direct effect on the designation. Because the costs and business, organizations, and States, or the relationship between the benefits of this action do not make it a governmental jurisdictions subject to National Government and the States, or ‘‘significant regulatory action’’ as the regulation. We are required to on the distribution of power and defined in the Order, we have not determine whether a proposed or final responsibilities among the various prepared a ‘‘regulatory impact analysis.’’ action will have a ‘‘significant economic levels of government, and therefore does Similarly, we have not prepared a full impact on a substantial number of small not have federalism implications. ‘‘regulatory evaluation,’’ which is the entities’’ as they are defined in the Act. written cost/benefit analysis ordinarily If we find that the action will have a Regulations Affecting Intrastate required for all rulemaking under the significant impact, we must do a Aviation in Alaska DOT Regulatory and Policies and ‘‘regulatory flexibility analysis.’’ Section 1205 of the FAA Procedures. We do not need to do a full This final rule updates the areas in Reauthorization Act of 1996 (110 Stat. evaluation where the economic impact Alaska that are considered 3213) requires the FAA, when of a rule is minimal. mountainous. It will allow aircraft modifying its regulations in a manner operating in certain non-mountainous affecting intrastate aviation in Alaska, to Economic Assessment, Regulatory areas to fly at altitudes acceptable for consider the extent to which Alaska is Flexibility Determination, Trade Impact the actual topography of the area. not served by transportation modes Assessment, and Unfunded Mandates Therefore, we certify that this action other than aviation, and to establish Assessment will not have a significant economic appropriate regulatory distinctions. In Proposed changes to Federal impact on a substantial number of small the NPRM, we requested comments on regulations must undergo several entities. whether the proposed rule should apply economic analyses. First, Executive differently to intrastate operations in Trade Impact Assessment Order 12866 directs each Federal agency Alaska. We didn’t receive any to propose or adopt a regulation only The Trade Agreement Act of 1979 comments opposing the proposal based upon a reasoned determination that the prohibits Federal agencies from on intrastate travel in Alaska. We have benefits of the intended regulation establishing any standards or engaging determined, based on the administrative justify its costs. Second, the Regulatory in related activities that create record of this rulemaking, that there is Flexibility Act of 1980 requires agencies unnecessary obstacles to the foreign no need to make any regulatory to analyze the economic impact of commerce of the United States. distinctions applicable to intrastate regulatory changes on small entities. Legitimate domestic objectives, such as aviation in Alaska. Third, the Trade Agreements Act (19 safety, are not considered unnecessary U.S.C. 2531–2533) prohibits agencies obstacles. The statute also requires Environmental Analysis from setting standards that create consideration of international standards FAA Order 1050.1E identifies FAA unnecessary obstacles to the foreign and, where appropriate, that they be the actions that are categorically excluded commerce of the United States. In basis for U.S. standards. The FAA has from preparation of an environmental developing U.S. standards, this Trade assessed the potential effect of this assessment or environmental impact Act also requires agencies to consider rulemaking and has determined that it statement under the National international standards and, where will have only a domestic impact and Environmental Policy Act in the appropriate, use them as the basis of therefore no effect on any trade- absence of extraordinary circumstances. U.S. standards. Fourth, the Unfunded sensitive activity. The FAA has determined this
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rulemaking action qualifies for the thence to latitude 63°30′ N, longitude (4) Bethel—Aniak Area. Beginning at categorical exclusion identified in 152°30′ W; thence to latitude 63°30′ N, latitude 63°28′ N, longitude 161°30′ W; paragraph 312(d) and involves no longitude 151°30′ W; thence to latitude thence to latitude 62°40′ N, longitude extraordinary circumstances. 64°05′ N, longitude 150°30′ W; thence to 163°03′ W; thence to latitude 62°05′ N, latitude 64°20′ N, longitude 149°00′ W; longitude 162°38′ W; thence to latitude Regulations That Significantly Affect thence to latitude 64°07′ N, longitude 61°51′ N, longitude 160°43′ W; thence to Energy Supply, Distribution, or Use 146°30′ W; thence to latitude 63°53′ N, latitude 62°55′ N, longitude 160°30′ W; The FAA has analyzed this final rule longitude 146°00′ W; thence to latitude thence to latitude 63°00′ N, longitude under Executive Order 13211, Actions 63°53′ N, longitude 145°00′ W; thence to 158°00′ W; thence to latitude 61°45′ N, Concerning Regulations that latitude 64°09′ N, longitude 145°16′ W; longitude 159°30′ W; thence to latitude Significantly Affect Energy Supply, thence to latitude 64°12′ N, longitude 61°34′ N, longitude 159°15′ W; thence to Distribution, or Use (May 18, 2001). We 146°00′ W; thence to latitude 64°25′ N, latitude 61°07′ N, longitude 160°20′ W; have determined that it is not a longitude 146°37′ W; thence to latitude thence to latitude 60°25′ N, longitude ‘‘significant energy action’’ under the 64°54′ N, longitude 147°00′ W, point of 160°40′ W; thence to latitude 59°36′ N, executive order because it is not a beginning. longitude 161°49′ W; thence along the ‘‘significant regulatory action’’ under (2) Anchorage—Homer Area. shoreline to latitude 63°28′ N, longitude Executive Order 12866, and it is not Beginning at latitude 61°50′ N, 161°30′ W; point of beginning; and likely to have a significant adverse effect longitude 151°12′ W; thence to latitude Nunivak Island. on the supply, distribution, or use of ° ′ ° ′ 61 24 N, longitude 150 28 W; thence to (5) North Slope Area. Beginning at a energy. latitude 61°08′ N, longitude 151°47′ W; ° ′ ° ′ point where latitude 69 30 N intersects List of Subjects in 14 CFR Part 95 thence to latitude 59 49 N, longitude the northwest coast of Alaska and 152°40′ W; thence to latitude 59°25′ N, ° ′ Air traffic control, Airspace, Alaska, eastward along the 69 30 parallel to longitude 153°10′ W; thence to latitude ° ′ ° ′ Navigation (air), Puerto Rico. latitude 69 30 N, longitude 156 00 W; 59°00′ N, longitude 153°10′ W; thence to ° ′ ° ′ ° ′ thence to latitude 69 10 N, longitude The Amendment latitude 59 33 N, longitude 151 28 W; 153°00′ W; thence eastward along the thence to latitude 60°31′ N, longitude ° ′ ° ′ I In consideration of the foregoing, the 69 10 N parallel to latitude 69 10 N, 150°43′ W; thence to latitude 61°13′ N, ° ′ Federal Aviation Administration longitude 149 00 W; thence to latitude longitude 149°39′ W; thence to latitude ° ′ ° ′ amends chapter I of title 14, Code of 69 50 N, longitude 146 00 W; thence 61°37′ N, longitude 149°15′ W; thence to ° ′ Federal Regulations as follows: ° ′ ° ′ eastward along the 69 50 N parallel to latitude 61 44 N, longitude 149 48 W; latitude 69°50′ N, longitude 145°00′ W; thence to latitude 62°23′ N, longitude ° ′ PART 95—IFR ALTITUDES ° ′ ° ′ thence to latitude 69 35 N, longitude 149 54 W; thence to latitude 62 23 N, 141°00′ W; thence northward along the I 1. The authority citation for part 95 longitude 150°14′ W; thence to latitude ° ′ ° ′ ° ′ 141 00 W Meridian to a point where the continues to read as follows: 61 50 N, longitude 151 12 W, point of 141°00′ W Meridian intersects the Authority: 49 U.S.C. 106(g), 40103, 40106, beginning. northeast coastline of Alaska; thence 40113, 40114, 40120, 44502, 44514, 44719, (3) King Salmon—Port Heiden Area. ° ′ westward along the northern coastline 44721. Beginning at latitude 58 49 N, of Alaska to the intersection of latitude longitude 159°30′ W; thence to latitude I 2. Section 95.17 is revised to read as 69°30′ N; point of beginning . 59°40′ N, longitude 157°00′ W; thence to follows: latitude 59°40′ N, longitude 155°30′ W; (6) Fort Yukon Area. Beginning at ° ′ ° ′ thence to latitude 59°50′ N, longitude latitude 67 20 N, longitude 144 00 W; § 95.17 Alaska Mountainous Area. ° ′ 154°50′ W; thence to latitude 59°35′ N, thence to latitude 66 00 N, longitude All of the following area excluding ° ′ ° ′ longitude 154°40′ W; thence to latitude 143 00 W; thence to latitude 66 05 N, those portions specified in the ° ′ 58°57′ N, longitude 156°05′ W; thence to longitude 149 00 W; thence to latitude exceptions: ° ′ ° ′ latitude 58°00′ N, longitude 156°20′ W; 66 45 N, longitude 148 00 W; thence to (a) Area. The State of Alaska. ° ′ ° ′ thence to latitude 57°00′ N, longitude latitude 67 00 N, longitude 147 00 W; (b) Exceptions; ° ′ (1) Fairbanks—Nenana Area. 158°20′ W; thence to latitude 56°43′ N, thence to latitude 67 20 N, longitude ° ′ Beginning at latitude 64°54′ N, longitude 158°39′ W; thence to latitude 144 00 W; point of beginning. longitude 147°00′ W; thence to latitude 56°27′ N, longitude 160°00′ W; thence (7) The islands of Saint Paul and Saint 64°50′ N, longitude 151°22′ W, thence to along the shoreline to latitude 58°49′ N, George, together known as the Pribilof latitude 63°50′ N, longitude 152°50′ W; longitude 159°30′ W, point of beginning. Islands, in the Bering Sea.
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* * * * * Issued in Washington, DC, on February 4, 2005. Marion C. Blakey, Administrator. [FR Doc. 05–2594 Filed 2–10–05; 8:45 am] BILLING CODE 4910–13–P
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Part IV
Environmental Protection Agency Fifty-Fifth Report of the TSCA Interagency Testing Committee to the Administrator of the Environmental Protection Agency; Receipt of Report and Request for Comments; Notice
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ENVIRONMENTAL PROTECTION Protection Agency, 1200 Pennsylvania electronically through the EPA Internet AGENCY Ave., NW., Washington, DC 20460– under the ‘‘Federal Register’’ listings at 0001; telephone number: (202) 554– http://www.epa.gov/fedrgstr/. You may [OPPT–2004–0130; FRL–7692–1] 1404; e-mail address: TSCA- also access additional information about Fifty-Fifth Report of the TSCA [email protected]. the ITC at http://www.epa.gov/opptintr/ Interagency Testing Committee to the For technical information contact: itc/ or through the web site for the Administrator of the Environmental John D. Walker, Director, TSCA Office of Prevention, Pesticides and Protection Agency; Receipt of Report Interagency Testing Committee (7401), Toxic Substances (OPPTS) at http:// and Request for Comments Office of Pollution Prevention and www.epa.gov/opptsfrs/home/ Toxics, Environmental Protection opptsim.htm/. AGENCY: Environmental Protection Agency, 1200 Pennsylvania Ave., NW., An electronic version of the public Agency (EPA). Washington, DC 20460–0001; e-mail docket is available through EPA’s ACTION: Notice. address: [email protected]. electronic public docket and comment SUPPLEMENTARY INFORMATION: system, EPA Dockets. You may use EPA SUMMARY: The Toxic Substances Control Dockets at http://www.epa.gov/edocket/ Act (TSCA) Interagency Testing I. General Information to submit or view public comments, Committee (ITC) transmitted its Fifty- A. Does this Action Apply to Me? access the index listing of the contents Fifth Report to the Administrator of EPA of the official public docket, and to on December 8, 2004. In the 55th ITC This notice is directed to the public access those documents in the public Report, which is included with this in general. It may, however, be of docket that are available electronically. notice, the ITC is revising the Priority particular interest to you if you Although not all docket materials may Testing List by adding a category of high manufacture (defined by statute to be available electronically, you may still production volume (HPV) orphan include import) and/or process TSCA- access any of the publicly available chemicals and requesting that EPA add covered chemicals and you may be docket materials through the docket these chemicals to the TSCA section identified by the North American facility identified in Unit I.B.1. Once in 8(a) Preliminary Assessment Industrial Classification System the system, select ‘‘search,’’ then key in Information Reporting (PAIR) rule and (NAICS) codes 325 and 32411. Because the appropriate docket ID number. the TSCA section 8(d) Health and Safety this notice is directed to the general Certain types of information will not Data Reporting (HaSDR) rule. The ITC is public and other entities may also be be placed in the EPA Dockets. also removing the following chemicals interested, the Agency has not Information claimed as CBI and other from the Priority Testing List: 3-amino- attempted to describe all the specific information whose disclosure is 5-mercapto-1,2,4-triazole; glycoluril; entities that may be interested in this restricted by statute, which is not benzenamine, 3-chloro-2,6-dinitro-N,N- action. If you have any questions included in the official public docket, dipropyl-4-(trifluoromethyl)-; stannane, regarding the applicability of this action will not be available for public viewing dimethylbis[(1-oxoneodecyl)oxy]-; to a particular entity, consult the in EPA’s electronic public docket. EPA’s benzene, 1,3,5-tribromo-2-(2- technical person listed under FOR policy is that copyrighted material will propenyloxy)-; and1-triazene, 1,3- FURTHER INFORMATION CONTACT. not be placed in EPA’s electronic public diphenyl-.]. Since the 55th Report was B. How Can I Get Copies of this docket but will be available only in ITC transmitted to the Administrator Document and Other Related printed, paper form in the official public docket. To the extent feasible, publicly and made publicly available on http:// Information? www.epa.gov/opptintr/itc/, five HPV available docket materials will be made orphan chemicals have been removed 1. Docket. EPA has established an available in EPA’s electronic public from the Priority Testing List because official public docket for this action docket. When a document is selected chemical manufacturers committed to under docket ID number OPPT–2004– from the index list in EPA Dockets, the prepare robust summaries for these 0130. The official public docket consists system will identify whether the chemicals in response to the HPV of the documents specifically referenced document is available for viewing in Challenge Program. The ITC encourages in this action, any public comments EPA’s electronic public docket. other manufacturers to make similar received, and other information related Although not all docket materials may commitments so their chemicals can be to this action. Although a part of the be available electronically, you may still removed from the Priority Testing List official docket, the public docket does access any of the publicly available and potentially avoid being added to not include Confidential Business docket materials through the docket PAIR and HaSDR rules. Information (CBI) or other information facility identified in Unit I.B.1. EPA whose disclosure is restricted by statute. intends to work towards providing DATES: Comments, identified by docket The official public docket is the electronic access to all of the publicly identification (ID) number OPPT–2004– collection of materials that is available available docket materials through 0130, must be received on or before for public viewing at the EPA Docket EPA’s electronic public docket. March 14, 2005. Center, Rm. B102-Reading Room, EPA For public commenters, it is ADDRESSES: Comments may be West, 1301 Constitution Ave., NW., important to note that EPA’s policy is submitted electronically, by mail, or Washington, DC. The EPA Docket that public comments, whether through hand delivery/courier. Follow Center is open from 8:30 a.m. to 4:30 submitted electronically or in paper, the detailed instructions as provided in p.m., Monday through Friday, excluding will be made available for public Unit I. of the SUPPLEMENTARY legal holidays. The EPA Docket Center viewing in EPA’s electronic public INFORMATION. Reading Room telephone number is docket as EPA receives them and FOR FURTHER INFORMATION CONTACT: For (202) 566–1744 and the telephone without change, unless the comment general information contact: number for the OPPT Docket, which is contains copyrighted material, CBI, or Colby Lintner, Regulatory located in EPA Docket Center, is (202) other information whose disclosure is Coordinator, Environmental Assistance 566–0280. restricted by statute. When EPA Division (7408M), Office of Pollution 2. Electronic access. You may access identifies a comment containing Prevention and Toxics, Environmental this Federal Register document copyrighted material, EPA will provide
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a reference to that material in the comments to EPA electronically is disclosed except in accordance with version of the comment that is placed in EPA’s preferred method for receiving procedures set forth in 40 CFR part 2. EPA’s electronic public docket. The comments. Go directly to EPA Dockets In addition to one complete version of entire printed comment, including the at http://www.epa.gov/edocket/, and the comment that includes any copyrighted material, will be available follow the online instructions for information claimed as CBI, a copy of in the public docket. 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–2004–0130. 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–2004–0130. 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 send an e-mail comment directly to the C. How and to Whom Do I Submit listed under FOR FURTHER INFORMATION docket without going through EPA’s Comments? CONTACT. electronic public docket, EPA’s e-mail You may submit comments system automatically captures your e- E. What Should I Consider as I Prepare electronically, by mail, or through hand mail address. E-mail addresses that are My Comments for EPA? delivery/courier. To ensure proper automatically captured by EPA’s e-mail We invite you to provide your views receipt by EPA, identify the appropriate system are included as part of the and comments on the ITC’s 55th Report. docket ID number in the subject line on comment that is placed in the official You may find the following suggestions the first page of your comment. Please public docket, and made available in helpful for preparing your comments: ensure that your comments are EPA’s electronic public docket. 1. Explain your views as clearly as submitted within the specified comment iii. Disk or CD ROM. You may submit possible. period. Comments received after the comments on a disk or CD ROM that 2. Describe any assumptions that you close of the comment period will be you mail to the mailing address used. marked ‘‘late.’’ EPA is not required to identified in Unit I.C.2. These electronic 3. Provide copies of any technical consider these late comments. If you submissions will be accepted in information and/or data you used that wish to submit CBI or information that WordPerfect or ASCII file format. Avoid support your views. is otherwise protected by statute, please the use of special characters and any 4. Provide specific examples to follow the instructions in Unit I.D. Do form of encryption. illustrate your concerns. not use EPA Dockets or e-mail to submit 2. By mail. Send your comments to: 5. Make sure to submit your CBI or information protected by statute. Document Control Office (7407M), comments by the deadline in this 1. Electronically. If you submit an Office of Pollution Prevention and notice. electronic comment as prescribed in this Toxics (OPPT), Environmental 6. To ensure proper receipt by EPA, unit, EPA recommends that you include Protection Agency, 1200 Pennsylvania be sure to identify the docket ID number your name, mailing address, and an e- Ave., NW., Washington, DC 20460– assigned to this action in the subject mail address or other contact 0001. line on the first page of your response. information in the body of your 3. By hand delivery or courier. Deliver You may also provide the name, date, comment. Also include this contact your comments to: OPPT Document and Federal Register citation. information on the outside of any disk Control Office (DCO), EPA East Bldg., or CD ROM you submit, and in any Rm. 6428, 1201 Constitution Ave., NW., II. Background cover letter accompanying the disk or Washington, DC. Attention: Docket ID The Toxic Substances Control Act CD ROM. This ensures that you can be Number OPPT–2004–0130. The DCO is (TSCA) (15 U.S.C. 260l et seq.) identified as the submitter of the open from 8 a.m. to 4 p.m., Monday authorizes the Administrator of the EPA comment and allows EPA to contact you through Friday, excluding legal to promulgate regulations under section in case EPA cannot read your comment holidays. The telephone number for the 4(a) of TSCA requiring testing of due to technical difficulties or needs DCO is (202) 564–8930. chemicals and chemical groups in order further information on the substance of to develop data relevant to determining D. How Should I Submit CBI to the your comment. EPA’s policy is that EPA the risks that such chemicals and Agency? will not edit your comment, and any chemical groups may present to health identifying or contact information Do not submit information that you or the environment. Section 4(e) of provided in the body of a comment will consider to be CBI electronically TSCA established the ITC to be included as part of the comment that through EPA’s electronic public docket recommend chemicals and chemical is placed in the official public docket, or by e-mail. You may claim groups to the Administrator of the EPA and made available in EPA’s electronic information that you submit to EPA as for priority testing consideration. public docket. If EPA cannot read your CBI by marking any part or all of that Section 4(e) of TSCA directs the ITC to comment due to technical difficulties information as CBI (if you submit CBI revise the TSCA section 4(e) Priority and cannot contact you for clarification, on disk or CD ROM, mark the outside Testing List at least every 6 months. of the disk or CD ROM as CBI and then EPA may not be able to consider your th comment. identify electronically within the disk or A. The ITC’s 55 Report i. EPA Dockets. Your use of EPA’s CD ROM the specific information that is The 55th ITC Report was transmitted electronic public docket to submit CBI). Information so marked will not be to EPA’s Administrator on December 8,
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2004, and is included in this notice. In Dated: February 3, 2005. 2. Glycoluril. the 55th ITC Report, the ITC is revising Charles M. Auer, 3. Benzenamine, 3-chloro-2,6-dinitro-N,N- the Priority Testing List by adding a Director, Office of Pollution Prevention and dipropyl-4-(trifluoromethyl)-. Toxics. 4. Stannane, dimethylbis[(1- category of HPV orphan chemicals and oxoneodecyl)oxy]-. requesting that EPA add these chemicals Fifty-Fifth Report of the TSCA 5. Benzene, 1,3,5-tribromo-2-(2- to the TSCA section 8(a) PAIR rule and Interagency Testing Committee to the propenyloxy)-. the TSCA section 8(d) HaSDR rule. The Administrator, U.S. Environmental 6. 1-Triazene, 1,3-diphenyl-. ITC is also removing the following Protection Agency V. References chemicals from the Priority Testing List: VI. The TSCA Interagency Testing Committee 3-amino-5-mercapto-1,2,4-triazole; Table of Contents glycoluril; benzenamine, 3-chloro-2,6- Summary Summary dinitro-N,N-dipropyl-4- In this 55th ITC Report, the ITC is revising I. Background the Priority Testing List by adding a category (trifluoromethyl)-; stannane, II. TSCA Section 8 Reporting of High Production Volume (HPV) orphan dimethylbis[(1-oxoneodecyl)oxy]-; A. TSCA Ssection 8 Reporting Rules benzene, 1,3,5-tribromo-2-(2- B. ITC’s Use of TSCA Section 8 and Other chemicals and requesting that EPA add these propenyloxy)-; and 1-triazene, 1,3- Information chemicals to the Toxic Substances Control Act (TSCA) section 8(a) Preliminary diphenyl-. C. Previous Requests to Add Chemicals to the TSCA Section 8(a) PAIR Rule Assessment Information Reporting (PAIR) B. Status of the Priority Testing List D. New Requests to Add Chemicals to the rule and the TSCA section 8(d) Health and TSCA Section 8(a) PAIR and 8(d) HaSDR Safety Data Reporting (HaSDR) rule. The ITC The current TSCA 4(e) Priority Rules is also removing the following chemicals Testing List as of December 2004 can be III. ITC’s Activities During this Reporting from the Priority Testing List: 3-amino-5- mercapto-1,2,4-triazole; glycoluril; found in Table 1 of the 55th ITC Report, Period (May to November 2004) IV. Revisions to the TSCA Section 4(e) benzenamine, 3-chloro-2,6-dinitro-N,N- which is included in this notice. Priority Testing List dipropyl-4-(trifluoromethyl)-; stannane, A. Chemicals Added to the Priority Testing dimethylbis[(1-oxoneodecyl)oxy]-; benzene, List of Subjects List: HPV Orphan Chemicals 1,3,5-tribromo-2-(2-propenyloxy)-; and 1- B. Chemicals Removed From the Priority triazene, 1,3-diphenyl-. Environmental protection, Chemicals, Testing List The TSCA section 4(e) Priority Testing List Hazardous substances. 1. 3-Amino-5-mercapto-1,2,4-triazole. is Table 1 of this unit.
TABLE 1.—THE TSCA SECTION 4(E) PRIORITY TESTING LIST (NOVEMBER 2004)
ITC Report Date Chemical name/group Action
31 January 1993 13 Chemicals with insufficient dermal absorption rate data Designated
32 May 1993 16 Chemicals with insufficient dermal absorption rate data Designated
35 November 1994 4 Chemicals with insufficient dermal absorption rate data Designated
37 November 1995 4-Tert-butylphenol and Branched nonylphenol (mixed isomers) Recommended
41 November 1997 Phenol, 4-(1,1,3,3-tetramethylbutyl)- Recommended
47 November 2000 9 Indium compounds Recommended
51 November 2002 18 Vanadium compounds Recommended
53 November 2003 3 Pyridinamines Recommended
53 November 2003 20 Tungsten compounds Recommended
55 November 2004 HPV orphan chemicals Recommended
I. Background submission to the Administrator and from chemicals from the revised Priority Testing The ITC was established by section 4(e) of the EPA’s web site http://www.epa.gov/ List to the TSCA section 8(a) Preliminary TSCA ‘‘to make recommendations to the fedrgstr/ after publication in the Federal Assessment Information Reporting (PAIR) and TSCA section 8(d) Health and Safety Administrator respecting the chemical Register. The ITC produces its revisions to Data Reporting (HaSDR) rules. The PAIR rule substances and mixtures to which the the Priority Testing List with administrative and technical support from the ITC Staff and requires producers and importers of Administrator should give priority chemicals added to the Priority Testing List consideration for the promulgation of rules ITC Members and their U.S. Government organizations, and contract support provided to submit production and exposure reports for testing under section 4(a).... At least every (http://www.epa.gov/opptintr/chemtest/ six months ..., the Committee shall make by EPA. ITC Members and Staff are listed at the end of this report. pairform.pdf/). The HaSDR rule requires such revisions to the Priority Testing List as producers, importers and processors of all it determines to be necessary and transmit II. TSCA Section 8 Reporting chemicals added to the Priority Testing List them to the Administrator together with the to submit unpublished health and safety A. TSCA Section 8 Reporting Rules Committee’s reasons for the revisions’’ studies under TSCA section 8(d) that must be (Public Law 94–469, 90 Stat. 2003 et seq., 15 Following receipt of the ITC’s Report (and in compliance with the revised HaSDR rule U.S.C. 2601 et seq.). ITC Reports are available the revised Priority Testing List) by the EPA (Ref. 1). All submissions must be received by from the ITC’s web site (http://www.epa.gov/ Administrator, the EPA’s Office of Pollution the EPA within 90 days of the reporting rules opptintr/itc/) within a few days of Prevention and Toxics (OPPT) may add the Federal Register publication date.
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B. ITC’s Use of TSCA Section 8 and Other chemical refineries, and mining sites and b. Meet the ‘‘No Longer HPV’’ criteria (i.e., Information could be toxic to avian and wildlife species chemicals with production/importation < The ITC’s use of TSCA section 8 and other as exemplified by a recent report of dead and volumes 1 million pounds based on 1998 information is described in previous ITC dying Canada geese at a petroleum refinery and 2002 Inventory Update Rule data (http:/ Reports (http://www.epa.gov/opptintr/itc/ fly ash pond in Delaware. In these geese, the /www.epa.gov/oppt/iur/iur02/index.htm/)). rptmain.htm/). vanadium concentrations in pooled liver and c. Are being considered for a second HPV kidney samples were 57 and 226 µg/gram (g) TSCA section 4 test rule because they may C. Previous Requests to Add Chemicals to the dry weight, respectively. Background meet the TSCA section 4(a)(1)(B) statutory TSCA Section 8(a) PAIR Rule concentrations of vanadium in various requirements. In its 53rd Report, the ITC requested that tissues of higher vertebrates, including At EPA’s request, the ITC encourages µ EPA add 3 pyridinamines and 20 tungsten waterfowl, rarely exceed 1 g/g dry weight. manufacturers of these chemicals to visit the compounds to the TSCA section 8(a) PAIR Limited data are available on vanadium EPA’s HPV Challenge Program web site rule (Ref. 2). On December 7, 2004, EPA toxicity in birds and other wildlife making it (http://www.epa.gov/opptintr/chemrtk/ issued a final rule, pursuant to TSCA section difficult to interpret the findings from the volchall.htm/) and to make a commitment to 8(a) requiring producers and importers of geese die-off. sponsor these chemicals at the present time, these 23 chemicals to report production, The ITC knows that vanadium is released before regulatory actions are initiated. EPA importation, and exposure data to EPA (Ref. into impoundments at 172 facilities in 33 will initiate development of TSCA section 3). states and that the TRI does not have 8(a) PAIR and 8(d) HaSDR rules soon after vanadium concentrations for these these chemicals are added to the Priority D. New Requests to Add Chemicals to the impoundments. The ITC is soliciting data on Testing List and the ITC’s 55th Report is TSCA Section 8(a) PAIR and 8(d) HaSDR concentrations and species of vanadium published in the Federal Register. Also at Rules compounds in impoundments at power EPA’s request, the ITC encourages the In this report, the ITC is requesting that plants, petroleum and chemical refineries, submission of robust summaries of studies EPA add the HPV orphan chemicals listed in and mining sites and information on the use, submitted under the TSCA section 8(d) Appendix A to the TSCA section 8(a) PAIR release, and presence of vanadium HaSDR rule to facilitate EPA’s review of the and 8(d) HaSDR rules. The ITC is requesting compounds at these facilities. The ITC needs unpublished TSCA section 8(d) studies (see that these HPV orphan chemicals be added these data and information to determine if USEPA. 1999. Draft Guidance on Developing to the TSCA section 8(a) PAIR and 8(d) avian wildlife in the vicinity of the 172 Robust Summaries. October 22, 1999 (http:/ HaSDR rules because no voluntary studies facilities are at risk from exposure to /www.epa.gov/chemrtk/robsumgd.htm/)). have been submitted to the EPA in response vanadium compounds. If you have any While some of the HPV orphan chemicals to the HPV Challenge Program (http:// questions regarding the applicability of this have been previously added to the TSCA www.epa.gov/opptintr/chemrtk/volchall.htm/ action to a particular entity, consult the section 8(d) HaSDR rule, all of the sunset ). technical person listed under FOR FURTHER dates for these chemicals have expired (see INFORMATION CONTACT. Appendix A of this report), thus new and so III. ITC’s Activities During this Reporting far unreported studies would need to be Period (May to November 2004) IV. Revisions to the TSCA Section 4(e) Priority Testing List submitted. Information about the During this reporting period, the ITC environmental fate and potential hazards reviewed the reports submitted in response A. Chemicals Added to the Priority Testing associated with these chemicals when to the June 11, 2003, PAIR rule (Ref. 4) and List: HPV Orphan Chemicals combined with information about exposure the May 4, 2004, TSCA section 8(d) HaSDR 1. Recommendation. EPA requests that the and uses will allow the EPA and others to rule (Ref. 5). The ITC is continuing to review ITC add the category HPV orphan chemicals evaluate and prioritize potential health and these reports. listed in Appendix A of this report to the environmental effects and determine the The ITC also met with EPA to discuss Priority Testing List to obtain importation, need for test rules under TSCA section 4(a). procedures for making data publicly production, use, and exposure information as If you have any questions regarding the available on HPV orphan chemicals (HPV well as unpublished physical/chemical applicability of this action to a particular chemicals for which no sponsors have property, environmental fate, health effects, entity, consult the technical person listed volunteered to develop and submit robust and ecological effects information to meet under FOR FURTHER INFORMATION CONTACT. summaries to the EPA). The ITC’s U.S. Government data needs. 4. Information needs. For each individual discussions with EPA are described in 2. Rationale for recommendation. While substance listed in Appendix A of this report, section IV. of this report. the success of the HPV Challenge Program EPA needs the following information to As noted in the 51st and 54th ITC Reports has been significant, hundreds of chemicals assess the extent and degree of exposure and (Refs. 6 and 7), the ITC continues to request that were eligible for sponsorship in the potential hazard associated with these the following information on vanadium Program continue to remain unsponsored. substances: compounds: These chemicals are referred to as ‘‘orphans.’’ a. Production, importation, processing, use 1. Recent non-CBI estimates of annual There is little or no publicly available and associated exposure information that is production or importation volume data and information regarding the potential hazards captured under the TSCA section 8(a) PAIR trends, and use information, including associated with these chemicals. EPA form. percentages of production or importation that remains committed to obtain basic screening b. Unpublished studies of: are associated with different uses. level hazard information on these chemicals i. Physical/chemical properties and 2. Estimates of the number of humans and through voluntary sponsorship, as well as environmental fate for the properties listed in concentrations of vanadium chemicals to through TSCA information gathering and test 40 CFR 716.50 as well as melting point and which humans may be exposed in each rules, as necessary. boiling point. relevant manufacturing or processing 3. Supporting information. In developing ii. Health effects including scenario. the list of HPV orphan chemicals presented pharmacokinetics, genotoxicity, acute 3. Health effects data including in Appendix A of this report, EPA considered toxicity, subacute toxicity, subchronic pharmacokinetics, genotoxicity, subchronic all of the HPV orphan chemicals and then toxicity, chronic toxicity, reproductive toxicity, reproductive and developmental removed selected HPV orphan chemicals. toxicity, developmental toxicity, toxicity, and any human data from The HPV orphan chemicals presented in immunotoxicity, neurotoxicity, and occupationally exposed workers. Appendix A of this report do not include oncogenicity/carcinogenicity. The ITC seeks this information in order to those HPV orphan chemicals that: iii. Ecological effects including acute and adequately assess the extent and degree of a. Had 2002 Inventory Update rule chronic toxicity studies of aquatic and exposure and potential hazard associated reported production/importation volumes > terrestrial vertebrates and invertebrates and with the various forms of vanadium. one million pounds (http://www.epa.gov/ aquatic plants. In addition, the ITC is concerned that some oppt/iur/iur02/index.htm/ ) and were c. Only studies where the recommended of these compounds may be released into fly proposed for testing in the first HPV test rule HPV orphan chemical is ≥ 90% of the test ash ponds at power plants, petroleum and (Ref. 8). substance by weight should be submitted. In
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addition, only studies that were conducted (trifluoromethyl)- (aka 3-Chlorotrifluralin propenyloxy)- to the June 11, 2003 PAIR rule using TSCA, Federal Insecticide, Fungicide, (CAS No. 29091–20–1) was added to the (Ref. 4) and the May 4, 2004 TSCA section and Rodenticide Act (FIFRA), Organization Priority Testing List in the ITC’s 48th Report 8(d) HaSDR rule (Ref. 5). Information for Economic Cooperation and Development to obtain information on uses, exposures, submitted in response to the HaSDR rule (OECD), or other internationally accepted test environmental releases, pharmacokinetics, indicated that the concentrated chemical may guidelines or voluntary consensus standards subchronic toxicity, mutagenicity, be slightly irritating to the skin. The ITC is should be submitted. Studies performed reproductive and developmental effects, removing benzene, 1,3,5-tribromo-2-(2- where the recommended HPV orphan carcinogenicity, and ecological effects (Ref. propenyloxy)- from the Priority Testing List chemical is < 90% of the test substance by 12). Benzenamine, 3-chloro-2,6-dinitro-N,N- because the information submitted in weight are not requested at this time. dipropyl-4-(trifluoromethyl)- was added to response to the PAIR rule suggested that the the Priority Testing List because it has an production/importation volumes of benzene, B. Chemicals Removed From the Priority estimated bioconcentration factor (BCF) of 1,3,5-tribromo-2-(2-propenyloxy)- were not Testing List 7,700 and is a chlorinated analog of greater than 10,000–500,000 pounds of non- 1. 3-Amino-5-mercapto-1,2,4-triazole. 3- trifluralin (CAS No. 1582–09–8), the CBI production/importation volumes Amino-5-mercapto-1,2,4-triazole (Chemical herbicide that causes adverse effects in reported to the EPA in 2002 (http:// Abstracts Service Registry Number (CAS No.) experimental animals and is considered to be www.epa.gov/oppt/iur/iur02/index.htm/). 16691–43–3 ) was added to the Priority a possible human carcinogen by the EPA 6. 1-Triazene, 1,3-diphenyl-. 1-Triazene, Testing List in the ITC’s 42nd Report to obtain (Ref. 12). 1,3-diphenyl- (aka diazoaminobenzene (CAS annual production/importation volumes and In response to the ITC’s request, the EPA No. 136–35–6) was added to the Priority trends, use, exposure, and health effects data added benzenamine, 3-chloro-2,6-dinitro- Testing List in the ITC’s 50th Report to obtain (Ref. 9). The addition was based on concerns N,N-dipropyl-4-(trifluoromethyl)- to the June annual production/importation volumes and that 3-amino-5-mercapto-1,2,4-triazole was 11, 2003 PAIR rule (Ref. 4) and the May 4, trends, use, exposure, and health effects data structurally related to 3-amino-1,2,4-triazole 2004 TSCA section 8(d) HaSDR rule (Ref. 5). (Ref. 14). 1-Triazene, 1,3-diphenyl- was (Amitrol), a herbicide that affects thyroid No information was submitted in response to added to the Priority Testing List because it hormone activity (Ref. 10). In response to the the PAIR or HaSDR rules. The ITC is is a predicted carcinogen based on its ITC’s request, the EPA added 3-amino-5- removing benzenamine, 3-chloro-2,6-dinitro- metabolism and similarity in toxic effects to mercapto-1,2,4-triazole to the July 24, 2000, N,N-dipropyl-4-(trifluoromethyl)- from the benzene and aniline (Ref. 14). PAIR rule (Ref. 11) and the May 4, 2004 Priority Testing List because the PAIR rule In response to the ITC’s request, the EPA HaSDR rule (Ref. 5). Numerous studies were did not provide any additional exposure added 1-triazene, 1,3-diphenyl- to the June submitted in response to the HaSDR rule. information implying that benzenamine, 3- 11, 2003 PAIR rule (Ref. 4) and the May 4, These studies are summarized in this unit. 3- chloro-2,6-dinitro-N,N-dipropyl-4- 2004 TSCA section 8(d) HaSDR rule (Ref. 5). (trifluoromethyl)- is not produced at greater Amino-5-mercapto-1,2,4-triazole was positive No information was submitted in response to than 1,000 pounds per site. in the mouse bone marrow micronucleus test, the PAIR or HaSDR rules. The ITC is 4. Stannane, dimethylbis[(1- clastogenic to rat lymphocytes, but not removing 1-triazene, 1,3-diphenyl- from the oxoneodecyl)oxy]-. Stannane, dimethylbis[(1- mutagenic in the Ames assay using strains Priority Testing List because the PAIR rule oxoneodecyl)oxy]- (CAS No. 68928–76–7) did not provide any additional exposure TA98, 100, 1535, and 1537 or in the E. coli was added to the Priority Testing List in the information implying that 1-triazene, 1,3- assay, using strain WP2 uvrA-. 3-Amino-5- ITC’s 49th Report to obtain use, exposure, diphenyl- is not produced at greater than mercapto-1,2,4-triazole was a mild eye and environmental fate, health effects, and 1,000 pounds per site. skin irritant, but not a skin sensitizer. In a 4- ecological effects data (Ref. 13). Stannane, week inhalation study the no observed effect dimethylbis[(1-oxoneodecyl)oxy]- was added V. References level of 3-amino-5-mercapto-1,2,4-triazole to the Priority Testing List because it has an 1. EPA. 1998. Revisions to Reporting 3 was 20 milligram/meter cubed (mg/m ). estimated BCF of 8,600 and signs of toxicity, Regulations Under TSCA Section 8(d). Direct 3-Amino-5-mercapto-1,2,4-triazole is being including neurotoxic effects that were Final Rule. Federal Register (63 FR 15765, removed from the Priority Testing List observed in a rat oral gavage study (Ref. 13). April 1, 1998) (FRL–5750–4). Available because information submitted in response to In response to the ITC’s request, the EPA online at: http://www.epa.gov/fedrgstr/. the PAIR rule suggested that 3-amino-5- added stannane, dimethylbis[(1- 2. ITC. 2004. Fifty-Third Report of the ITC. mercapto-1,2,4-triazole is an on-site oxoneodecyl)oxy]- to the June 11, 2003 PAIR Federal Register (69 FR 2467, January 15, intermediate and the production/importation rule (Ref. 4) and the May 4, 2004 TSCA 2004) (FRL–7335–2). Available online at: volumes were lower than the 250,000 pounds section 8(d) HaSDR rule (Ref. 5). No http://www.epa.gov/fedrgstr/. of 3-amino-5-mercapto-1,2,4-triazole information was submitted in response to the 3. EPA. 2004. Preliminary Assessment imported into the United States in 1993 (Ref. HaSDR rule. The ITC is removing stannane, Information Reporting; Addition of Certain 9). dimethylbis[(1-oxoneodecyl)oxy]- from the Chemicals. Final Rule. Federal Register (69 2. Glycoluril. Glycoluril (CAS No. 496–46– Priority Testing List because the information FR 70552, December 7, 2004) (FRL–7366–8). 8) was also added to the Priority Testing List submitted in response to the PAIR rule Available online at: http://www.epa.gov/ in the ITC’s 42nd Report to obtain annual suggested that the production/importation fedrgstr/. production/importation volumes and trends, volumes of stannane, dimethylbis[(1- 4. EPA. 2003. Preliminary Assessment use, exposure, and health effects data. The oxoneodecyl)oxy]- were not greater than the Information Reporting; Addition of Certain addition was based on a potential for human 10,000–500,000 pounds of non-CBI Chemicals. Final Rule. Federal Register (68 exposure and a suspicion of carcinogenicity production/importation volumes reported to FR 34832, June 11, 2003) (FRL–7306–7). (Ref. 9). In response to the ITC’s request, the the EPA in 2002 (http://www.epa.gov/oppt/ Available online at: http://www.epa.gov/ EPA added glycoluril to the July 24, 2000 iur/iur02/index.htm/). fedrgstr/. PAIR rule (Ref. 11) and the May 4, 2004 5. Benzene, 1,3,5-tribromo-2-(2- 5. EPA. 2004. Health and Safety Data HaSDR rule (Ref. 5). No studies were propenyloxy)-. Benzene, 1,3,5-tribromo-2-(2- Reporting; Addition of Certain Chemicals. submitted in response to the HaSDR rule. propenyloxy)- (CAS No. 3278–89–5) was Final Rule. Federal Register (69 FR 24517, Glycoluril is being removed from the added to the Priority Testing List in the ITC’s May 4, 2004) (FRL–7322–8). Available online Priority Testing List because information 50th Report to obtain use, exposure, at: http://www.epa.gov/fedrgstr/. submitted in response to the PAIR rule environmental fate, health effects, and 6. ITC. 2003. Fifty-First Report of the ITC. suggested that glycoluril is an on-site ecological effects data (Ref. 14). Benzene, Federal Register (68 FR 8976, February 26, intermediate and the production/importation 1,3,5-tribromo-2-(2-propenyloxy)- was added 2003) (FRL–7285–7). Available online at: volumes were less than the 10,000 to to the Priority Testing List because of an http://www.epa.gov/fedrgstr/. 1,000,000 pounds of non-CBI annual estimated BCF of 4,000 and potential for 7. ITC. 2004. Fifty-Fourth Report of the production/importation volumes reported to exposure from its use as a flame retardant for ITC. Federal Register (69 FR 33527, June 15, the EPA in 1986, 1990, and 1994 (Ref. 9). expanded polystyrene insulation board (Ref. 2004) (FRL–7359–6). Available online at: 3. Benzenamine, 3-chloro-2,6-dinitro-N,N- 14). http://www.epa.gov/fedrgstr/. dipropyl-4-(trifluoromethyl)-. Benzenamine, In response to the ITC’s request, the EPA 8. EPA. 2000. Testing of Certain High 3-chloro-2,6-dinitro-N,N-dipropyl-4- added benzene, 1,3,5-tribromo-2-(2- Production Volume Chemicals. Proposed
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Rule. Federal Register (65 FR 81658, Department of Commerce Daphne Moffett, Member December 26, 2000) (FRL–6758–4). Available online at: http://www.epa.gov/fedrgstr/. National Institute of Standards and Consumer Product Safety Commission 9. ITC. 1998. Forty-Second Report of the Technology Treye Thomas, Member ITC. Federal Register (63 FR 42554, August Dianne Poster, Member Jacqueline Ferrante, Alternate Peter Barker, Alternate 7, 1998) (FRL–5797–8). Available online at: Department of Agriculture http://www.epa.gov/fedrgstr/. National Oceanographic and Clifford P. Rice, Member, Vice Chair 10. Takaoka, M., M. Teranishi, and S. AtmosphericAdministration Laura L. McConnell, Alternate Manabe. 1994. Structure-Activity Thomas P. O’Connor, Member, Chair Relationships in 5-Substituted 3-Amino- Teri Rowles, Alternate Department of Defense 1,2,4-Triazoles-Induced Goiters in Rats. Warren Jederberg, Member Journal of Toxicology and Pathology. 7:429– Environmental Protection Agency 434. Gerry Brown, Member Department of the Interior 11. EPA. 2000. Preliminary Assessment Paul Campanella, Alternate Barnett A. Rattner, Member Information Reporting; Addition of Certain National Cancer Institute Chemicals. Final Rule. Federal Register (65 Food and Drug Administration Alan Poland, Member Kirk Arvidson, Alternate FR 45535, July 24, 2000) (FRL–6597–3). Shen Yang, Alternate Available online at: http://www.epa.gov/ Ronald F. Chanderbhan, Alternate fedrgstr/. National Institute of Environmental Health National Library of Medicine 12. ITC. 2001. Forty-Eighth Report of the Sciences Vera W. Hudson, Member ITC. Federal Register (66 FR 51276, October Barbara Shane, Member 5, 2001) (FRL–6786–7). Available online at: Scott Masten, Alternate National Toxicology Program http://www.epa.gov/fedrgstr/. NIEHS, FDA, and NIOSH Members 13. ITC. 2002. Forty-Ninth Report of the National Institute for Occupational Safety ITC. Federal Register (67 FR 10298, March 6, and Health Technical Support Contractor 2002) (FRL–6820–8). Available online at: Mark Toraason, Member Syracuse Research Corporation http://www.epa.gov/fedrgstr/. Dennis W. Lynch, Alternate ITC Staff 14. ITC. 2002. Fiftieth Report of the ITC. National Science Foundation Federal Register (67 FR 49530, July 30, 2002) John D. Walker, Director Marge Cavanaugh, Member Norma S. L. Williams, Executive (FRL–7183–7). Available online at: http:// Parag R. Chitnis, Alternate www.epa.gov/fedrgstr/. Assistant Occupational Safety and Health TSCA Interagency Testing Committee (7401), VI. The TSCA Interagency Testing Administration Office of Pollution Prevention and Toxics, Committee Maureen Ruskin, Member Environmental Protection Agency, 1200 Statutory Organizations and Their Representatives Liaison Organizations and Their Pennsylvania Ave., NW., Washington, DC Representatives 20460–0001; e-mail address: Council on Environmental Quality Agency for Toxic Substances and Disease [email protected]; url: http:// Vacant Registry www.epa.gov/opptintr/itc/.
APPENDIX A—CHEMICAL ABSTRACTS SERVICE REGISTRY NUMBER (CAS NO.), TSCA INVENTORY NAMES AND PREVIOUS TSCA SECTION 8(D) RULE SUNSET DATES OF HPV ORPHAN CHEMICALS FOR WHICH THE ITC IS REQUESTING THAT THE EPA ADD TO TSCA SECTION 8(A) AND 8(D) RULES
Previous TSCA CAS No. TSCA Inventory Name section 8(d) rule sunset date
62–56–6 Thiourea
74–97–5 Methane, bromochloro- 6/1/1997
75–34–3 Ethane, 1,1-dichloro- 6/1/1997
75–46–7 Methane, trifluoro-
77–76–9 Propane, 2,2-dimethoxy-
81–07–2 1,2-Benzisothiazol-3(2H)-one, 1,1-dioxide
81–16–3 1-Naphthalenesulfonic acid, 2-amino-
81–84–5 1H,3H-Naphtho[1,8-cd]pyran-1,3-dione 6/30/1998
83–41–0 Benzene, 1,2-dimethyl-3-nitro-
84–69–5 1,2-Benzenedicarboxylic acid, bis(2-methylpropyl) ester 10/4/1992
85–40–5 1H-Isoindole-1,3(2H)-dione, 3a,4,7,7a-tetrahydro-
90–43–7 [1,1’-Biphenyl]-2-ol
91–68–9 Phenol, 3-(diethylamino)-
94–75–7 Acetic acid, (2,4-dichlorophenoxy)-
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APPENDIX A—CHEMICAL ABSTRACTS SERVICE REGISTRY NUMBER (CAS NO.), TSCA INVENTORY NAMES AND PREVIOUS TSCA SECTION 8(D) RULE SUNSET DATES OF HPV ORPHAN CHEMICALS FOR WHICH THE ITC IS REQUESTING THAT THE EPA ADD TO TSCA SECTION 8(A) AND 8(D) RULES—Continued
Previous TSCA CAS No. TSCA Inventory Name section 8(d) rule sunset date
94–96–2 1,3-Hexanediol, 2-ethyl-
95–94–3 Benzene, 1,2,4,5-tetrachloro- 10/4/1992
96–22–0 3-Pentanone
96–23–1 2-Propanol, 1,3-dichloro-
97–00–7 Benzene, 1-chloro-2,4-dinitro-
98–09–9 Benzenesulfonyl chloride
98–16–8 Benzenamine, 3-(trifluoromethyl)-
98–56–6 Benzene, 1-chloro-4-(trifluoromethyl)- 4/29/1993
99–51–4 Benzene, 1,2-dimethyl-4-nitro-
100–64–1 Cyclohexanone, oxime
101–34–8 9-Octadecenoic acid, 12-(acetyloxy)-, 1,2,3-propanetriyl ester, (9Z,9’Z,9’’Z,12R,12’R,12’’R)-
104–66–5 Benzene, 1,1’-[1,2-ethanediylbis(oxy)]bis-
104–93–8 Benzene, 1-methoxy-4-methyl-
107–39–1 1-Pentene, 2,4,4-trimethyl-
107–40–4 2-Pentene, 2,4,4-trimethyl-
107–45–9 2-Pentanamine, 2,4,4-trimethyl-
110–18–9 1,2-Ethanediamine, N,N,N’,N’-tetramethyl-
110–33–8 Hexanedioic acid, dihexyl ester
111–44–4 Ethane, 1,1’-oxybis[2-chloro-
111–85–3 Octane, 1-chloro-
111–91–1 Ethane, 1,1’-[methylenebis(oxy)]bis[2-chloro-
118–90–1 Benzoic acid, 2-methyl-
119–33–5 Phenol, 4-methyl-2-nitro- 6/30/1998
121–69–7 Benzenamine, N,N-dimethyl- 6/30/1998
121–82–4 1,3,5-Triazine, hexahydro-1,3,5-trinitro-
124–63–0 Methanesulfonyl chloride
127–68–4 Benzenesulfonic acid, 3-nitro-, sodium salt
131–57–7 Methanone, (2-hydroxy-4-methoxyphenyl)phenyl-
137–20–2 Ethanesulfonic acid, 2-[methyl[(9Z)-1-oxo-9- octadecenyl]amino]-, sodium salt 12/28/1994
138–25–0 1,3-Benzenedicarboxylic acid, 5-sulfo-, 1,3-dimethyl ester
139–40–2 1,3,5-Triazine-2,4-diamine, 6-chloro-N,N’-bis(1-methylethyl)-
140–08–9 Ethanol, 2-chloro-, phosphite (3:1)
140–93–2 Carbonodithioic acid, O-(1-methylethyl) ester, sodium salt
142–73–4 Glycine, N-(carboxymethyl)-
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APPENDIX A—CHEMICAL ABSTRACTS SERVICE REGISTRY NUMBER (CAS NO.), TSCA INVENTORY NAMES AND PREVIOUS TSCA SECTION 8(D) RULE SUNSET DATES OF HPV ORPHAN CHEMICALS FOR WHICH THE ITC IS REQUESTING THAT THE EPA ADD TO TSCA SECTION 8(A) AND 8(D) RULES—Continued
Previous TSCA CAS No. TSCA Inventory Name section 8(d) rule sunset date
150–50–5 Phosphorotrithious acid, tributyl ester
307–35–7 1-Octanesulfonyl fluoride, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-
330–54–1 Urea, N’-(3,4-dichlorophenyl)-N,N-dimethyl-
460–00–4 Benzene, 1-bromo-4-fluoro-
506–51–4 1-Tetracosanol
506–52–5 1-Hexacosanol
513–74–6 Carbamodithioic acid, monoammonium salt
515–40–2 Benzene, (2-chloro-1,1-dimethylethyl)-
529–33–9 1-Naphthalenol, 1,2,3,4-tetrahydro-
529–34–0 1(2H)-Naphthalenone, 3,4-dihydro-
542–75–6 1-Propene, 1,3-dichloro-
542–92–7 1,3-Cyclopentadiene 6/30/1998
557–61–9 1-Octacosanol
563–72–4 Ethanedioic acid, calcium salt (1:1)
579–66–8 Benzenamine, 2,6-diethyl-
590–19–2 1,2-Butadiene
592–45–0 1,4-Hexadiene
597–31–9 Propanal, 3-hydroxy-2,2-dimethyl- 6/30/1998
598–72–1 Propanoic acid, 2-bromo-
617–94–7 Benzenemethanol, .alpha.,.alpha.-dimethyl-
625–55–8 Formic acid, 1-methylethyl ester
628–13–7 Pyridine, hydrochloride
628–96–6 1,2-Ethanediol, dinitrate
645–62–5 2-Hexenal, 2-ethyl-
693–07–2 Ethane, 1-chloro-2-(ethylthio)-
693–95–8 Thiazole, 4-methyl-
756–80–9 Phosphorodithioic acid, O,O-dimethyl ester
870–72–4 Methanesulfonic acid, hydroxy-, monosodium salt
928–72–3 Glycine, N-(carboxymethyl)-, disodium salt
939–97–9 Benzaldehyde, 4-(1,1-dimethylethyl)- 11/9/1993
1000–82–4 Urea, (hydroxymethyl)- 7/1/1993
1002–69–3 Decane, 1-chloro-
1111–78–0 Carbamic acid, monoammonium salt
1115–20–4 Propanoic acid, 3-hydroxy-2,2-dimethyl-, 3-hydroxy-2,2-dimethylpropyl ester
1401–55–4 Tannins
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APPENDIX A—CHEMICAL ABSTRACTS SERVICE REGISTRY NUMBER (CAS NO.), TSCA INVENTORY NAMES AND PREVIOUS TSCA SECTION 8(D) RULE SUNSET DATES OF HPV ORPHAN CHEMICALS FOR WHICH THE ITC IS REQUESTING THAT THE EPA ADD TO TSCA SECTION 8(A) AND 8(D) RULES—Continued
Previous TSCA CAS No. TSCA Inventory Name section 8(d) rule sunset date
1445–45–0 Ethane, 1,1,1-trimethoxy-
1459–93–4 1,3-Benzenedicarboxylic acid, dimethyl ester
1498–51–7 Phosphorodichloridic acid, ethyl ester 11/9/1993
1558–33–4 Silane, dichloro(chloromethyl)methyl-
1646–75–9 Propanal, 2-methyl-2-(methylthio)-, oxime
1691–99–2 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N- (2-hydroxyethyl)-
1738–25–6 Propanenitrile, 3-(dimethylamino)-
1912–24–9 1,3,5-Triazine-2,4-diamine, 6-chloro-N-ethyl-N’-(1-methylethyl)-
1918–02–1 2-Pyridinecarboxylic acid, 4-amino-3,5,6-trichloro-
1929–82–4 Pyridine, 2-chloro-6-(trichloromethyl)-
2152–64–9 Benzenamine, N-phenyl-4-[[4-(phenylamino)phenyl][4-(phenylimino)-2,5- cyclohexadien-1-ylidene]methyl]-, monohydrochloride
2210–79–9 Oxirane, [(2-methylphenoxy)methyl]- 10/4/1992
2372–45–4 1-Butanol, sodium salt
2409–55–4 Phenol, 2-(1,1-dimethylethyl)-4-methyl-
2425–54–9 Tetradecane, 1-chloro-
2494–89–5 Ethanol, 2-[(4-aminophenyl)sulfonyl]-, hydrogen sulfate (ester)
2524–03–0 Phosphorochloridothioic acid, O,O-dimethyl ester
2611–00–9 3-Cyclohexene-1-carboxylic acid, 3-cyclohexen-1-ylmethyl ester
2691–41–0 1,3,5,7-Tetrazocine, octahydro-1,3,5,7-tetranitro-
2702–72–9 Acetic acid, (2,4-dichlorophenoxy)-, sodium salt
2814–20–2 4(1H)-Pyrimidinone, 6-methyl-2-(1-methylethyl)-
2905–62–6 Benzoyl chloride, 3,5-dichloro-
2915–53–9 2-Butenedioic acid (2Z)-, dioctyl ester
3039–83–6 Ethenesulfonic acid, sodium salt
3088–31–1 Ethanol, 2-[2-(dodecyloxy)ethoxy]-, hydrogen sulfate, sodium salt
3132–99–8 Benzaldehyde, 3-bromo- 6/30/1998
3338–24–7 Phosphorodithioic acid, O,O-diethyl ester, sodium salt
3386–33–2 Octadecane, 1-chloro-
3586–14–9 Benzene, 1-methyl-3-phenoxy- 6/30/1998
3710–84–7 Ethanamine, N-ethyl-N-hydroxy-
3779–63–3 1,3,5-Triazine-2,4,6(1H,3H,5H)-trione, 1,3,5-tris(6-isocyanatohexyl)-
3965–55–7 1,3-Benzenedicarboxylic acid, 5-sulfo-, 1,3-dimethyl ester, sodium salt
4035–89–6 Imidodicarbonic diamide, N,N’,2-tris(6-isocyanatohexyl)- 11/9/1993
4080–31–3 3,5,7-Triaza-1-azoniatricyclo[3.3.1.13,7]decane, 1-(3-chloro-2-propenyl)-, chloride
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APPENDIX A—CHEMICAL ABSTRACTS SERVICE REGISTRY NUMBER (CAS NO.), TSCA INVENTORY NAMES AND PREVIOUS TSCA SECTION 8(D) RULE SUNSET DATES OF HPV ORPHAN CHEMICALS FOR WHICH THE ITC IS REQUESTING THAT THE EPA ADD TO TSCA SECTION 8(A) AND 8(D) RULES—Continued
Previous TSCA CAS No. TSCA Inventory Name section 8(d) rule sunset date
4170–30–3 2-Butenal
4300–97–4 Propanoyl chloride, 3-chloro-2,2-dimethyl-
4316–73–8 Glycine, N-methyl-, monosodium salt
4860–03–1 Hexadecane, 1-chloro-
5026–74–4 Oxiranemethanamine, N-[4-(oxiranylmethoxy)phenyl]-N- (oxiranylmethyl)-
5216–25–1 Benzene, 1-chloro-4-(trichloromethyl)-
5460–09–3 2,7-Naphthalenedisulfonic acid, 4-amino-5-hydroxy-, monosodium salt
5915–41–3 1,3,5-Triazine-2,4-diamine, 6-chloro-N-(1,1-dimethylethyl)-N’-ethyl-
6473–13–8 2-Naphthalenesulfonic acid, 6-[(2,4-diaminophenyl)azo]-3-[[4-[[4-[[7-[(2,4- diaminophenyl)azo]-1-hydroxy-3-sulfo-2-naphthalenyl]azo]phenyl]amino]-3- sulfophenyl]azo]-4-hydroxy-, trisodium salt
6863–58–7 Butane, 2,2’-oxybis-
6865–35–6 Octadecanoic acid, barium salt
7320–37–8 Oxirane, tetradecyl- 10/40/1992
7446–81–3 2-Propenoic acid, sodium salt
7795–95–1 1-Octanesulfonyl chloride
8001–58–9 Creosote
10265–69–7 Glycine, N-phenyl-, monosodium salt
13749–94–5 Ethanimidothioic acid, N-hydroxy-, methyl ester 6/30/1998
13826–35–2 Benzenemethanol, 3-phenoxy-
14143–60–3 2-Pyridinecarbonitrile, 4-amino-3,5,6-trichloro-
14666–94–5 9-Octadecenoic acid (9Z)-, cobalt salt
17103–31–0 Urea, sulfate (2:1)
17321–47–0 Phosphoramidothioic acid, O,O-dimethyl ester
17976–43–1 2,4,6,8,3,5,7-Benzotetraoxatriplumbacycloundecin-3,5,7-triylidene, 1,9-dihydro-1,9- dioxo-
19438–61–0 1,3-Isobenzofurandione, 5-methyl-
19525–59–8 Glycine, N-phenyl-, monopotassium salt
20068–02–4 2-Butenenitrile, 2-methyl-, (2Z)-
20227–53–6 Phosphorous acid, 2-(1,1-dimethylethyl)-4-[1-[3-(1,1-dimethylethyl)-4- hydroxyphenyl]-1-methylethyl]phenyl bis(4-nonylphenyl) ester
20469–71–0 Hydrazinecarbodithioic acid, compd. with hydrazine (1:1)
21351–39–3 Urea, sulfate (1:1)
22527–63–5 Propanoic acid, 2-methyl-, 3-(benzoyloxy)-2,2,4-trimethylpentyl ester
24448–09–7 1-Octanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8- heptadecafluoro-N-(2-hy- droxyethyl)-N-methyl-
24615–84–7 2-Propenoic acid, 2-carboxyethyl ester
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APPENDIX A—CHEMICAL ABSTRACTS SERVICE REGISTRY NUMBER (CAS NO.), TSCA INVENTORY NAMES AND PREVIOUS TSCA SECTION 8(D) RULE SUNSET DATES OF HPV ORPHAN CHEMICALS FOR WHICH THE ITC IS REQUESTING THAT THE EPA ADD TO TSCA SECTION 8(A) AND 8(D) RULES—Continued
Previous TSCA CAS No. TSCA Inventory Name section 8(d) rule sunset date
24794–58–9 Formic acid, compd. with 2,2’,2’’-nitrilotris[ethanol] (1:1)
25154–38–5 Piperazineethanol
25168–05–2 Benzene, chloromethyl-
25168–06–3 Phenol, (1-methylethyl)- 11/9/1993
25321–41–9 Benzenesulfonic acid, dimethyl-
25383–99–7 Octadecanoic acid, 2-(1-carboxyethoxy)-1-methyl-2-oxoethyl ester, sodium salt
25586–42–9 Phosphorous acid, tris(methylphenyl) ester
25646–71–3 Methanesulfonamide, N-[2-[(4-amino-3-methylphenyl)ethylamino]ethyl]-, sulfate (2:3)
26377–29–7 Phosphorodithioic acid, O,O-dimethyl ester, sodium salt
26401–27–4 Phosphorous acid, isooctyl diphenyl ester
26680–54–6 2,5-Furandione, dihydro-3-(octenyl)-
27193–28–8 Phenol, (1,1,3,3-tetramethylbutyl)- 6/30/1998
28106–30–1 Benzene, ethenylethyl-
28188–24–1 Octadecanoic acid, 2-(hydroxymethyl)-2-[[(1-oxooctadecyl)oxy]methyl]-1,3- propanediyl ester
28777–98–2 2,5-Furandione, dihydro-3-(octadecenyl)-
28908–00–1 Benzothiazole, 2-[(chloromethyl)thio]-
30574–97–1 2-Butenenitrile, 2-methyl-, (2E)-
32072–96–1 2,5-Furandione, 3-(hexadecenyl)dihydro-
33509–43–2 1,2,4-Triazin-5(2H)-one, 4-amino-6-(1,1-dimethylethyl)-3,4-dihydro-3-thioxo-
34689–46–8 Phenol, methyl-, sodium salt
35203–06–6 Benzenamine, 2-ethyl-6-methyl-N-methylene-
35203–08–8 Benzenamine, 2,6-diethyl-N-methylene-
37439–34–2 2(1H)-Pyridinone, 3,5,6-trichloro-, sodium salt
37734–45–5 Carbonochloridothioic acid, S-(phenylmethyl) ester
37764–25–3 Acetamide, 2,2-dichloro-N,N-di-2-propenyl-
38185–06–7 Benzenesulfonic acid, 4-chloro-3,5-dinitro-, potassium salt
38321–18–5 Ethanol, 2-(2-butoxyethoxy)-, sodium salt
39515–51–0 Benzaldehyde, 3-phenoxy- 6/30/1998
40630–63–5 1-Octanesulfonyl fluoride
40876–98–0 Butanedioic acid, oxo-, diethyl ester, ion(1-), sodium
51632–16–7 Benzene, 1-(bromomethyl)-3-phenoxy- 6/30/1998
52184–19–7 Phenol, 2,4-bis(1,1-dimethylpropyl)-6-[(2- nitrophenyl)azo]-
52556–42–0 1-Propanesulfonic acid, 2-hydroxy-3-(2-propenyloxy)-, monosodium salt
52663–57–7 Ethanol, 2-butoxy-, sodium salt
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APPENDIX A—CHEMICAL ABSTRACTS SERVICE REGISTRY NUMBER (CAS NO.), TSCA INVENTORY NAMES AND PREVIOUS TSCA SECTION 8(D) RULE SUNSET DATES OF HPV ORPHAN CHEMICALS FOR WHICH THE ITC IS REQUESTING THAT THE EPA ADD TO TSCA SECTION 8(A) AND 8(D) RULES—Continued
Previous TSCA CAS No. TSCA Inventory Name section 8(d) rule sunset date
56038–89–2 Benzenamine, N-(1-ethylpropyl)-3,5-dimethyl-
56803–37–3 Phosphoric acid, (1,1-dimethylethyl)phenyl diphenyl ester 10/4/1992
57693–14–8 Chromate(3-), bis[3-(hydroxy-.kappa.O)-4-[[2-(hydroxy-.kappa.O)-1- naphthalenyl]azo-.kappa.N1]-7-nitro-1-naphthalenesulfonato(3-)]-, trisodium
61788–76–9 Alkanes, chloro
61789–32–0 Fatty acids, coco, 2-sulfoethyl esters, sodium salts
61789–85–3 Sulfonic acids, petroleum
63302–49–8 Phosphorochloridous acid, bis(4-nonylphenyl) ester
64742–24–1 Sludges (petroleum), acid
64743–02–8 Alkenes, C>10 .alpha.-
64743–03–9 Phenols (petroleum)
64771–71–7 Paraffins (petroleum), normal C>10
65996–79–4 Solvent naphtha (coal)
65996–80–7 Ammonia liquor (coal)
65996–81–8 Fuel gases, coke-oven
65996–82–9 Tar oils, coal
65996–83–0 Extracts, coal tar oil alk.
65996–86–3 Extract oils (coal), tar base
65996–87–4 Extract residues (coal), tar oil alk.
65996–89–6 Tar, coal, high-temp.
65996–91–0 Distillates (coal tar), upper
65996–92–1 Distillates (coal tar)
66071–94–1 Corn, steep liquor
68081–86–7 Phenol, nonyl derivs.
68082–78–0 Lard, oil, Me esters
68153–60–6 Fatty acids, tall-oil, reaction products with diethylenetriamine, acetates
68187–41–7 Phosphorodithioic acid, O,O-di-C1-14-alkyl esters
68187–57–5 Pitch, coal tar-petroleum
68187–59–7 Coal, anthracite, calcined
68188–18–1 Paraffin oils, chlorosulfonated, saponified
68308–74–7 Amides, tall-oil fatty, N,N-di-Me
68309–16–0 Fatty acids, tall-oil, 2-(2-hydroxyethoxy)ethyl esters
68309–27–3 Fatty acids, tall-oil, sulfonated, sodium salts
68334–01–0 Disulfides, alkylaryl dialkyl diaryl, petroleum refinery spent caustic oxidn. products
68441–66–7 Decanoic acid, mixed esters with dipentaerythritol, octanoic acid and valeric acid
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APPENDIX A—CHEMICAL ABSTRACTS SERVICE REGISTRY NUMBER (CAS NO.), TSCA INVENTORY NAMES AND PREVIOUS TSCA SECTION 8(D) RULE SUNSET DATES OF HPV ORPHAN CHEMICALS FOR WHICH THE ITC IS REQUESTING THAT THE EPA ADD TO TSCA SECTION 8(A) AND 8(D) RULES—Continued
Previous TSCA CAS No. TSCA Inventory Name section 8(d) rule sunset date
68442–60–4 Acetaldehyde, reaction products with formaldehyde, by-products from
68442–77–3 2-Butenediamide, (2E)-, N,N’-bis[2-(4,5-dihydro-2-nortall-oil alkyl-1H-imidazol-1- yl)ethyl] derivs.
68476–80–2 Fats and Glyceridic oils, vegetable, deodorizer distillates
68478–20–6 Residues (petroleum), steam-cracked petroleum distillates cyclopentadiene conc., C4-cyclopentadiene-free
68512–63–0 Benzene, ethenyl-, distn. residues
68513–62–2 Disulfides, C5-12-alkyl
68514–41–0 Ketones, C12-branched
68515–89–9 Barium, carbonate nonylphenol complexes
68584–25–8 Benzenesulfonic acid, C10-16-alkyl derivs., compds. with triethanolamine
68602–81–3 Distillates, hydrocarbon resin prodn. higher boiling
68603–84–9 Carboxylic acids, C5-9
68608–59–3 Ethane, 1,2-dichloro-, manuf. of, by-products from, distn. lights
68609–05–2 Cyclohexane, oxidized, non-acidic by-products, distn. lights
68610–90–2 2-Butenedioic acid (2E)-, di-C8-18-alkyl esters
68649–42–3 Phosphorodithioic acid, O,O-di-C1-14-alkyl esters
68650–36–2 Aromatic hydrocarbons, C8, o-xylene-lean
68782–97–8 Distillates (petroleum), hydrofined lubricating-oil
68815–50–9 Octadecanoic acid, reaction products with 2-[(2-aminoethyl)amino]ethanol
68909–77–3 Ethanol, 2,2’-oxybis-, reaction products with ammonia, morpholine derivs. residues
68915–05–9 Fatty acids, tall-oil, low-boiling, reaction products with ammonia-ethanolamine reac- tion by-products
68915–39–9 Cyclohexane, oxidized, aq. ext., sodium salt
68918–16–1 Tar, coal, dried and oxidized
68919–17–5 Hydrocarbons, C12-20, catalytic alkylation by-products
68920–64–9 Disulfides, di-C1-2-alkyl
68937–29–1 1,6-Hexanediol, distn. residues
68937–69–9 Carboxylic acids, C6-18 and C5-15-di-
68937–70–2 Carboxylic acids, C6-18 and C8-15-di-
68937–72–4 Carboxylic acids, di-, C4-11
68953–70–8 Oxirane, reaction products with ammonia, distn. residues
68953–80–0 Benzene, mixed with toluene, dealkylation product
68955–37–3 Acid chlorides, tallow, hydrogenated
68955–76–0 Aromatic hydrocarbons, C9-16, biphenyl deriv.-rich
68955–96–4 Disulfides, dialkyl and di-Ph, naphtha sweetening
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APPENDIX A—CHEMICAL ABSTRACTS SERVICE REGISTRY NUMBER (CAS NO.), TSCA INVENTORY NAMES AND PREVIOUS TSCA SECTION 8(D) RULE SUNSET DATES OF HPV ORPHAN CHEMICALS FOR WHICH THE ITC IS REQUESTING THAT THE EPA ADD TO TSCA SECTION 8(A) AND 8(D) RULES—Continued
Previous TSCA CAS No. TSCA Inventory Name section 8(d) rule sunset date
68987–41–7 Benzene, ethylenated
68987–66–6 Ethene, hydrated, by-products from
68988–22–7 1,4-Benzenedicarboxylic acid, dimethyl ester, manuf. of, by-products from
68988–99–8 Phenols, sodium salts, mixed with sulfur compounds, gasoline alk. scrubber resi- dues
68990–61–4 Tar, coal, high-temp., high-solids
68990–65–8 Fats and Glyceridic oils, vegetable, reclaimed
70024–67–8 Benzenesulfonic acid, C16-24-alkyl derives.
70084–98–9 Terpenes and Terpenoids, C10-30, distn. residues
70693–50–4 Phenol, 2,4-bis(1-methyl-1-phenylethyl)-6-[(2- nitrophenyl)azo]-
70851–08–0 Amides, coco, N-[3-(dimethylamino)propyl], alkylation products with sodium 3- chloro-2-hydroxypropanesulfonate
71077–05–9 Ethanol, 2,2’-oxybis-, reaction products with ammonia, morpholine product tower residues
72162–28–8 2-Propanone, reaction products with phenol
72854–27–4 Tannins, reaction products with sodium bisulfite, sodium polysulfide and sodium sulfite
73665–18–6 Extract residues (coal), tar oil alk., naphthalene distn. residues
83864–02–2 Nickel, bis[(cyano-C)triphenylborato(1-)-N]bis(hexanedinitrile-N,N’)-
84501–86–0 Hexanedioic acid, esters with high-boiling C6-10-alkene hydroformylation products
90640–80–5 Anthracene oil
90640–86–1 Distillates (coal tar), heavy oils
119345–02–7 Benzene, 1,1’-oxybis-, tetrapropylene derivs.
125997–20–8 Phosphoric acid, mixed 3-bromo-2,2-dimethylpropyl and 2-bromoethyl and 2- chloroethyl esters
[FR Doc. 05–2714 Filed 2–10–05; 8:45 am] BILLING CODE 6560–50–S
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Reader Aids Federal Register Vol. 70, No. 28 Friday, February 11, 2005
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING FEBRUARY
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. 71...... 7196 Presidential Documents 3 CFR 72...... 7196 Executive orders and proclamations 741–6000 Proclamations: 73...... 7196 The United States Government Manual 741–6000 7866...... 6545 76...... 7196 7867...... 6547 150...... 7196 Other Services 7868...... 6995 Electronic and on-line services (voice) 741–6020 7869...... 6997 11 CFR Privacy Act Compilation 741–6064 Administrative Orders: 110...... 5565 Public Laws Update Service (numbers, dates, etc.) 741–6043 Presidential Proposed Rules: TTY for the deaf-and-hard-of-hearing 741–6086 Determinations: 109...... 5382 No. 2005-19 of 300...... 5382, 5385 January 27, 2005 ...... 6549 ELECTRONIC RESEARCH 12 CFR World Wide Web 5 CFR 30...... 6329 Full text of the daily Federal Register, CFR and other publications Ch. XCVII...... 5272 201...... 6763 is located at: http://www.gpoaccess.gov/nara/index.html 5501...... 5543 Proposed Rules: Federal Register information and research tools, including Public 5502...... 5543 Ch. I ...... 5571 Inspection List, indexes, and links to GPO Access are located at: 9701...... 5272 Ch. II ...... 5571 http://www.archives.gov/federallregister/ Proposed Rules: Ch. III ...... 5571 Ch. LXXXI...... 7192 Ch. IV...... 5571 E-mail Ch. VII...... 5946 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 7 CFR an open e-mail service that provides subscribers with a digital 272...... 6313 13 CFR form of the Federal Register Table of Contents. The digital form 275...... 6313 125...... 5568 of the Federal Register Table of Contents includes HTML and 319...... 6999 PDF links to the full text of each document. 770...... 7165 14 CFR To join or leave, go to http://listserv.access.gpo.gov and select 905...... 5915 39 ...... 5361, 5365, 5367, 5515, Online mailing list archives, FEDREGTOC-L, Join or leave the list 923...... 6999 5917, 5920, 7014, 7016, (or change settings); then follow the instructions. 932...... 6323 7017, 7167, 7174 984...... 7002 71 ...... 5370, 6334, 6335, 6336, PENS (Public Law Electronic Notification Service) is an e-mail 989...... 6326 7020, 7021 service that notifies subscribers of recently enacted laws. 1260...... 7004 95...... 6337, 7358 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 1463...... 7007 97...... 6338 and select Join or leave the list (or change settings); then follow 1700...... 5349 119...... 5518 the instructions. 1709...... 5349 121...... 5518 FEDREGTOC-L and PENS are mailing lists only. We cannot 3550...... 6551 129...... 5518 respond to specific inquiries. Proposed Rules: 135...... 5518 300...... 6596 183...... 5518 Reference questions. Send questions and comments about the 301...... 6596 Proposed Rules: Federal Register system to: [email protected] 923...... 6598 25...... 6598 The Federal Register staff cannot interpret specific documents or 993...... 5944 39 ...... 5064, 5066, 5070, 5073, regulations. 1700...... 5382 5076, 5078, 5081, 5387, 1709...... 5382 5390, 6782, 6786, 7052, FEDERAL REGISTER PAGES AND DATE, FEBRUARY 7056, 7057, 7059, 7061, 9 CFR 7063, 7217 5043–5348...... 1 53...... 6553 71 ...... 6376, 6378, 6379, 6381, 5349–5542...... 2 71...... 6553 6601 5543–5914...... 3 93...... 6083 375...... 6382 5915–6312...... 4 94...... 5043, 6083 95...... 6083 15 CFR 6313–6550...... 7 96...... 6083 902...... 7022 6551–6762...... 8 327...... 6554 6763–6994...... 9 17 CFR 6995–7164...... 10 10 CFR 1...... 5923 7165–7378...... 11 Proposed Rules: 155...... 5923 2...... 7196 228...... 6556 30...... 7196 229...... 6556 40...... 7196 232...... 6556, 6573 50...... 7196 240...... 6556 52...... 7196 249...... 6556 60...... 7196 270...... 6556 63...... 7196 Proposed Rules: 70...... 7196 1...... 5577
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REMINDERS Louisiana; published 1-13-05 Military police investigations; 05; published 2-7-05 [FR The items in this list were HOMELAND SECURITY comments due by 2-14- 05-02304] editorially compiled as an aid DEPARTMENT 05; published 12-16-04 Air quality implementation to Federal Register users. Transportation Security [FR 04-27569] plans; approval and Inclusion or exclusion from Administration DEFENSE DEPARTMENT promulgation; various this list has no legal Civil aviation security: Acquisition regulations: States: significance. Enhanced security Pilot Mentor-Protege Ohio; comments due by 2- procedures for certain Program; Open for 18-05; published 1-19-05 airports’ operations in the comments until further [FR 05-01032] RULES GOING INTO Washington, DC notice; published 12-15-04 Environmental statements; EFFECT FEBRUARY 11, metropolitan area flight [FR 04-27351] availability, etc.: 2005 restricted zone; published Task and delivery order Coastal nonpoint pollution 2-10-05 contracts; contract period; control program— AGRICULTURE comments due by 2-14- Minnesota and Texas; DEPARTMENT COMMENTS DUE NEXT 05; published 12-15-04 Open for comments Agricultural Marketing WEEK [FR 04-27346] until further notice; Service EDUCATION DEPARTMENT published 10-16-03 [FR Cranberries not subject to AGRICULTURE Elementary and secondary 03-26087] cranberry marketing order; DEPARTMENT education: Water pollution control: data collection and reporting Agricultural Marketing Troops-to-Teachers National Pollutant Discharge and recordkeeping Service Program; selection criteria; Elimination System— requirements; published 1- Cotton classing, testing and comments due by 2-14- 12-05 standards: Concentrated animal 05; published 1-14-05 [FR feeding operations in COMMERCE DEPARTMENT Classification services to 05-00861] New Mexico and growers; 2004 user fees; National Oceanic and Oklahoma; general Open for comments until ENERGY DEPARTMENT Atmospheric Administration permit for discharges; further notice; published Meetings: Marine mammals: Open for comments 5-28-04 [FR 04-12138] Environmental Management Incidental taking— until further notice; Pears (winter) grown in— Site-Specific Advisory Atlantic Large Whale Take published 12-7-04 [FR Oregon and Washington; Board— Reduction Plan; 04-26817] comments due by 2-14- Oak Ridge Reservation, published 2-9-05 05; published 1-13-05 [FR TN; Open for comments National Pollutant Discharge ENVIRONMENTAL 05-00579] until further notice; Elimination System (NPDES)— PROTECTION AGENCY AGRICULTURE published 11-19-04 [FR Pesticides; tolerances in food, DEPARTMENT 04-25693] Storm water discharges animal feeds, and raw Agricultural Research ENERGY DEPARTMENT for oil and gas agricultural commodities: Service construction activity Energy Efficiency and disturbing 1 to 5 acres Thiamethoxam; published 2- National Arboretum; conduct Renewable Energy Office of land; postponement; 11-05 rules and fee schedule; Commercial and industrial comments due by 2-17- HOMELAND SECURITY comments due by 2-18-05; equipment; energy efficiency 05; published 1-18-05 DEPARTMENT published 12-20-04 [FR 04- program: [FR 05-00930] Coast Guard 27394] Test procedures and Water pollution; effluent COMMERCE DEPARTMENT Ports and waterways safety: efficiency standards— guidelines for point source National Oceanic and San Diego Bay, CA; Commercial packaged categories: Atmospheric Administration security zone; published boilers; Open for Meat and poultry products 1-12-05 Endangered and threatened comments until further species: processing facilities; Open LIBRARY OF CONGRESS notice; published 10-21- for comments until further Critical habitat Copyright office and 04 [FR 04-17730] notice; published 9-8-04 designations— procedures: ENERGY DEPARTMENT [FR 04-12017] Pacific salmon and Registration refusal steelhead; comments Federal Energy Regulatory FEDERAL reconsideration due by 2-14-05; Commission COMMUNICATIONS procedures; correction; published 12-14-04 [FR Electric rate and corporate COMMISSION published 2-11-05 04-26682] regulation filings: Common carrier services: TRANSPORTATION Fishery conservation and Virginia Electric & Power Interconnection— DEPARTMENT management: Co. et al.; Open for Incumbent local exchange Federal Aviation Northeastern United States comments until further carriers unbounding Administration fisheries— notice; published 10-1-03 obligations; local Airworthiness directives: Monkfish; comments due [FR 03-24818] competition provisions; Airbus; published 1-7-05 by 2-14-05; published Natural gas companies wireline services Boeing; published 1-7-05 1-14-05 [FR 05-00755] (Natural Gas Act): offering advanced Rolls-Royce plc; published COURT SERVICES AND Interstate natural gas telecommunications 1-27-05 OFFENDER SUPERVISION pipelines; business capability; Open for AGENCY FOR THE practices standards; comments until further DISTRICT OF COLUMBIA comments due by 2-18- notice; published 12-29- RULES GOING INTO Semi-annual agenda; Open for 05; published 1-4-05 [FR 04 [FR 04-28531] EFFECT FEBRUARY 13, comments until further 05-00017] FEDERAL TRADE 2005 notice; published 12-22-03 ENVIRONMENTAL COMMISSION [FR 03-25121] PROTECTION AGENCY Children’s online privacy HOMELAND SECURITY DEFENSE DEPARTMENT Air pollutants, hazardous; protection rule; personal DEPARTMENT Army Department national emission standards: information collection, use, Coast Guard Law enforcement and criminal Leather finishing operations; or disclosure; parental Drawbridge operations: investigations: comments due by 2-17- consent; comments due by
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2-14-05; published 1-14-05 Public and Indian housing: 05; published 12-17-04 Transportation— [FR 05-00877] Demolition or disposition of [FR 04-27434] Primary lithium batteries GOVERNMENT public housing projects; SMALL BUSINESS and cells; prohibition ACCOUNTABILITY OFFICE comments due by 2-14- ADMINISTRATION aboard passenger Practice and procedure: 05; published 12-15-04 Disaster loan areas: aircraft; comments due Bid protest regulations; [FR 04-27206] Maine; Open for comments by 2-14-05; published comments due by 2-18- INTERIOR DEPARTMENT until further notice; 12-15-04 [FR 04-27423] 05; published 12-20-04 Fish and Wildlife Service published 2-17-04 [FR 04- TREASURY DEPARTMENT 03374] Internal Revenue Service [FR 04-27615] Endangered and threatened HEALTH AND HUMAN species permit applications OFFICE OF UNITED STATES Employment taxes and TRADE REPRESENTATIVE collection of income taxes at SERVICES DEPARTMENT Recovery plans— Trade Representative, Office source: Food and Drug Paiute cutthroat trout; Administration of United States Tax-sheltered annuity Open for comments contracts; comments due Reports and guidance until further notice; Generalized System of documents; availability, etc.: Preferences: by 2-14-05; published 11- published 9-10-04 [FR 16-04 [FR 04-25237] Evaluating safety of 04-20517] 2003 Annual Product Review, 2002 Annual TREASURY DEPARTMENT antimicrobial new animal Endangered and threatened Country Practices Review, United States Mint drugs with regard to their species: microbiological effects on and previously deferred Operations and procedures: bacteria of human health Critical habitat product decisions; Misuse of words, letters, concern; Open for designations— petitions disposition; Open symbols, or emblems of comments until further Coachella Valley milk- for comments until further United States; civil notice; published 10-27-03 vetch; comments due notice; published 7-6-04 penalties assessment; [FR 03-27113] by 2-14-05; published [FR 04-15361] comments due by 2-18- Medical devices— 12-14-04 [FR 04-26690] TRANSPORTATION 05; published 1-12-05 [FR Dental noble metal alloys Western snowy plover; DEPARTMENT 05-00543] and base metal alloys; Pacific Coast Federal Aviation TREASURY DEPARTMENT Class II special population; comments Administration Terrorism Risk Insurance controls; Open for due by 2-15-05; Airworthiness directives: Program: published 12-17-04 [FR comments until further Airbus; comments due by 2- Additional claims issues; 04-26877] notice; published 8-23- 18-05; published 1-19-05 insurer affiliations; 04 [FR 04-19179] Migratory bird hunting: [FR 05-00993] comments due by 2-17- HOMELAND SECURITY Alaska; spring/summer BAE Systems (Operations) 05; published 1-18-05 [FR DEPARTMENT migratory bird subsistence Ltd.; comments due by 2- 05-00925] Coast Guard harvest; comments due by 18-05; published 1-19-05 Anchorage regulations: 2-18-05; published 12-20- [FR 05-00994] 04 [FR 04-27776] LIST OF PUBLIC LAWS Maryland; Open for Boeing; comments due by comments until further NATIONAL CRIME 2-17-05; published 1-3-05 This is the first in a continuing notice; published 1-14-04 PREVENTION AND PRIVACY [FR 04-28667] list of public bills from the [FR 04-00749] COMPACT COUNCIL Bombardier; comments due current session of Congress Drawbridge operations: Noncriminal justice by 2-18-05; published 12- which have become Federal 20-04 [FR 04-27507] Massachusetts; comments administrative functions; laws. It may be used in due by 2-14-05; published outsourcing procedures; Airworthiness standards: conjunction with ‘‘PLUS’’ 12-15-04 [FR 04-27472] comments due by 2-14-05; Special conditions— (Public Laws Update Service) New Jersey; comments due published 12-16-04 [FR 04- AMSAFE, Inc.; Mooney on 202–741–6043. This list is by 2-15-05; published 12- 27488] Model M20K, M20M, also available online at http:// 17-04 [FR 04-27675] INTERIOR DEPARTMENT M20R, and M20S www.archives.gov/ federal register/public laws/ New York; comments due National Indian Gaming airplanes; comments — — public laws.html. by 2-14-05; published 12- Commission due by 2-18-05; — published 1-19-05 [FR 15-04 [FR 04-27470] A cumulative List of Public Management contract 05-00973] Virginia; comments due by provisions: Laws for the second session Class E airspace; comments 2-14-05; published 12-30- Minimum internal control of the 108th Congress will 04 [FR 04-28548] due by 2-14-05; published appear in the issue of January standards; comments due 12-30-04 [FR 04-28555] HOUSING AND URBAN by 2-18-05; published 1- 31, 2005. TRANSPORTATION DEVELOPMENT 11-05 [FR 05-00448] The text of laws is not DEPARTMENT published in the Federal DEPARTMENT NUCLEAR REGULATORY FHA programs; introduction: National Highway Traffic Register but may be ordered COMMISSION Safety Administration in ‘‘slip law’’ (individual Multifamily accelerated Environmental statements; Motor vehicle safety pamphlet) form from the processing; lender quality availability, etc.: standards: Superintendent of Documents, assurance enforcement; Fort Wayne State U.S. Government Printing comments due by 2-15- Occupant crash protection— Developmental Center; Office, Washington, DC 20402 05; published 12-17-04 Door locks and retention Open for comments until (phone, 202–512–1808). The [FR 04-27535] components and side further notice; published impact protection; text will also be made Mortgage and loan insurance 5-10-04 [FR 04-10516] available on the Internet from programs: comments due by 2-14- SECURITIES AND 05; published 12-15-04 GPO Access at http:// Federal Housing EXCHANGE COMMISSION [FR 04-27215] www.gpoaccess.gov/plaws/ Administration Credit index.html. Some laws may TRANSPORTATION Watch Termination Securities: not yet be available. Initiative; revisions; Securities offerings DEPARTMENT comments due by 2-15- (Regulation M); anti- Research and Special H.R. 241/P.L. 109-1 05; published 12-17-04 manipulation rules; Programs Administration To accelerate the income tax [FR 04-27536] comments due by 2-15- Hazardous materials: benefits for charitable cash
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contributions for the relief of victims of the Indian Ocean tsunami. (Jan. 7, 2005; 119 Stat. 3)
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